Legal News

regional health authority seniority merged

The BC Labour Relations Board has ordered the dovetailing of all seniority lists within each of five new regional health authorities. The Nurses’ Bargaining Association, Paramedical Professionals Bargaining Association, and Health Services & Support-Facilities Subsector Bargaining Association applied under Sections 35 and 142 for a successorship declaration in relation to the newly created Health Authorities. HEABC conceded that a successorship had occurred but opposed the Associations’ request for consequential relief in relation to integrating or “dovetailing” seniority lists. In an earlier decision (BCLRB No. B232/2002), the Board held it had the jurisdiction to grant the type of relief sought by the Associations. The parties unsuccessfully attempted to mediate an agreement on the scope and details of the relief that would be appropriate in the circumstances.

Accordingly, in this decision, the Board decided the relief to be granted, specifying how and when seniority lists would be dovetailed. The decision applies to all work sites owned and operated by the five regional Health Authorities but not the Provincial Health Services Association. The effective date of the decision is June 28, 2002.

The decision creates multi-site, geographically defined seniority lists for each of the union bargaining associations. The Northern Health Authority will have a seniority list for each bargaining group in each of three health service delivery areas. The Interior Health Authority, will have seniority lists for each of four health service delivery areas. The Fraser Health Authority will have seniority lists for each of two health service delivery areas, as will the Vancouver Island Health Authority. The Vancouver Coastal Health Authority will have only one seniority list for each association.

The Board gave directions regarding transfer of seniority between sites, bumping rights, layoff and recall, and vacant positions.

(Click here for link to Decision)