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August 16, 2013 All BCNU’s current raid applications dismissed; union representation votes likely at many community health and long-term care sites

The B.C. Labour Relations Board issued a decision on August 16 that dismissed 48 raid applications filed by BCNU last fall, while setting out a framework for determining union representation for LPNs recently transferred into the Nurses Bargaining Association (NBA).

BCNU’s raid on LPNs in affiliate employers covered by the facilities subsector agreement – mostly long-term care sites – were dismissed by the LRB because these LPNs were subsequently moved into the NBA when the BC Liberals passed Bill 18 just before the spring election.

The Chronicle-Herald Tue Dec 9 2014 Page: A5

Arbitration hearings to determine which health-care unions represent four segments of workers begin Tuesday and will include one more attempt by union reps to argue for a different model. The hearings follow unsuccessful mediation between the province and four unions regarding representation in the new provincial health board. Bill 1, which merges nine district health authorities on April 1, also calls for there to be only four bargaining units, with each union representing only one of those units. Unifor, the Canadian Union of Public Employees, the Nova Scotia Nurses' Union and the Nova Scotia Government &General Employees Union have argued that the move strips workers of their rights to determine representation. Under the legislation passed in October, some unions stand to gain thousands of new members while others could lose thousands of members. The hearings, scheduled to run until Sunday at a hotel near the Halifax airport, are expected to open with arguments on a charter rights challenge by CUPE. Depending on how that plays out, the focus would then shift to nursing. The other three newly created bargaining units are health care, clerical and service staff.

Wayne Thomas, CUPE's acute-care co-ordinator, said they will basically argue that arbitrator James Dorsey should be able to consider a bargaining association model, which would see the unions keep their respective members but bargain along the lines of the four units. "We're hoping that the door is open a crack to consider another alternative." Thomas said CUPE was buoyed by some of the comments in Dorsey's report following the mediation process. In the report, Dorsey noted he is essentially acting in place of the labour board and isn't just an administrator to rubber stamp the process. "The mediator-arbitrator is not simply an usher showing everyone preassigned seating," Thomas said. "The mediator-arbitrator's role is not simply to ensure the employers or the government get a desired outcome, no matter how much it might be preordained." NSGEU president Joan Jessome said her union continues to believe the most fair option is for all union members to vote on representation, although she said she would support a bargaining association model. If the charter challenges are unsuccessful and Dorsey does slot unions, Jessome said the NSGEU's position is not to push to represent any one group. Dorsey is expected to deliver his decision by Jan. 1.

The Chronicle-Herald Sat Jan 24 2015

"... the nursing bargaining unit is composed of all unionized employees who occupy positions that must be occupied by a registered nurse or a licensed practical nurse." Dorsey explains his view of the "majoritarian principle," arguing that principles of democracy require a union to be supported by a majority of members to be certified. Of course, that is not the way our democracy works. It has been three decades since any party won more than 50 per cent of the vote in a Nova Scotian or Canadian election. And when one party has a plurality, but not a majority, of seats, it still gets to form the government. As a practical matter, only the clerical group (NSGEU) has a majority from one union. No matter. Dorsey tells us that "it cannot be the legislative intent in this restructuring for the first time in Canadian history to impose certification of three unions as exclusive bargaining agents for bargaining units of employees without majority employee support."

And "... no employer wants to bargain with a union ... that does not represent a majority of its employees." Any plain reading of the act tells us that was exactly the intent of the employer, because for three of the groups, there is no majority union. Both the IWK and the regional health authorities (RHAs) had plenty of opportunity to object. They did not. The NSNU has a majority of nurses (RNs and LPNs) at the IWK and in total. Dorsey estimates that the NSNU has 48.9 per cent of the nurses in the amalgamated authority. He appears to have searched everywhere for a pebble to stumble on and finds it there. It is crystal clear that the straightforward path to follow the act is by certifying the NSNU for those employees. Premier Stephen McNeil has eliminated this unnecessary impasse by combining the nursing units for the provincial health authority and IWK Health Centre into a single or common employer unit for bargaining purposes, without compromising the IWK's independence. Good.

Mondaq Wed Aug 24 2016,

In Passamaquoddy Lodge v CUPE Local 1763 2016 NBQB 056 the Court of Queen's Bench upheld an original arbitration decision condemning an employer for suspending an employee pending the outcome of a psychiatric evaluation. The Facts

Mr. Lister worked in the maintenance department at a nursing home in St. Andrews, New Brunswick and was represented by CUPE, Local 1763. The employer had become concerned for Mr. Lister's mental stability, contending he was acting "erratic" and "non-predictable". The grievor also had a history of "causing trouble" for the employer and was the object of a police investigation for a non-work related incident.

WINDSOR, Ont. – In a show of confidence for Canada's largest union representing 35,000 hospital workers in Ontario, Windsor Regional Hospital workers recently voted to join the Canadian Union of Public Employees (CUPE), in a representation vote triggered by the merger of programs at two local Windsor hospital sites, Windsor Regional Met and Ouellette campus (formerly Hotel-Dieu/Grace Hospital) into the Windsor Regional Met site.

CUPE will represent all 210 hospital workers, at both sites

Jun 15, 2015

A small but fiery group of emergency responders took to the steps of Newfoundland and Labrador's legislature Monday to demand not only better pay, but better representation and schedules for people who are asked to get sick people to hospitals.

Several members of the House of Assembly came out to meet with the workers, who do not have any union representation. 

By Ella Bedard | January 22, 2015

Monday, arbitrator James Dorsey released his decision on Bill 1, the Nova Scotia Bill which will change the labour landscape for Nova Scotia health-care workers.

Though Nova Scotia's Health Minister Leo Glavine rejected the bargaining association model as an unworkable solution, the unions say that Dorsey has now re-opened the possibility of multi-union representation.

HALIFAX – CUPE Nova Scotia President Danny Cavanagh says, “Nova Scotians should be extremely concerned that their provincial government has categorically failed in its attempt to re-organize the health care sector.

the guideline committees that make recommendations do not appear to consider cost-effectiveness, opportunity costs, and the potential harms of decisions to broaden screening guidelines

Not only are we screening with widespread laboratory testing at younger ages, but our definition of disease is also shifting.

In BC, there has been a 13.9% increase per year in treatment rates for 8 chronic diseases, beyond what would be expected for the changing demographic characteristics of the population

Miramichi Leader Wed Aug 26 2015

Wearing their now-familiar red shirts and clutching makeshift candles made of Tim Hortons cups and whatever else they could find, nearly 200 unionized workers, mostly from the city's two nursing homes and the Miramichi Regional Hospital, lined up along Water Street in Chatham Head Monday night to rally against further privatization in the public sector. The candlelight vigil was organized by Kevin Driscoll, the president of the Canadian Union of Public Employees (CUPE) Local 865, which represents hospital staff in Miramichi.

A number of other locals joined in on the demonstration, including representation from CUPE 1277 and 1256 of the Miramichi Senior Citizens Home and Mount St. Joseph Nursing Home, respectively, CUPE 1190, which acts on behalf New Brunswick's highway workers, the New Brunswick Federation of Labour and staff from Hebert's Recycling. Driscoll, who works as a nursing unit clerk at the Miramichi Regional Hospital, said that workers are growing more disenchanted by the day as the provincial government continues to give the private sector a greater role in its health care and senior care system. He said CUPE staff felt they had to do something to draw attention to these issues and, with the hospital serving as the backdrop as night fell on the city Monday night, everyone agreed that gathering on the side of the road by candlelight would help convey their message.

Guelph Mercury Thu Oct 15 2015

It's time to tackle root causes of health inequities As Canadians, we are justifiably proud of our publicly funded health-care system. It is, arguably, the single-most powerful expression of our collective will as a nation to support each other. It recognizes that meeting shared needs and aspirations is the foundation on which prosperity and human development rests. We can all agree that failing to treat a broken leg can result in serious health problems and threats to a person's ability to function. Yet, we accept huge inequities in access to dental care and prescription drugs based on insurance coverage and income. Although the impacts can be just as significant, dental care isn't accessible like other types of health care, and many Canadians don't receive regular or even emergency dental care. Many others have no insurance coverage for urgently needed prescription medications and may delay or dilute required doses due to financial hardship.

Demand for dental care among adults and seniors will only increase as the population continues to grow in Ontario. From 2013 to 2036, Ontario's population aged 65 and over is projected to increase to more than four million people from 2.1 million. It is time all Canadians had access to dental care. This necessitates federal and provincial leadership in putting a framework together to make this possible. Dental health problems are largely preventable and require a comprehensive approach for all ages that includes treatment, prevention, and oral health promotion.

Newsletter February 17, 2014

The B.C. Labour Relations Board has dismissed applications by the Pulp and Paper Workers’ of Canada union to raid trades and maintenance workers at three hospitals. The decision was issued Friday. The Hospital Employees’ Union had argued that the raid would inappropriately fragment the larger HEU bargaining unit and that allowing raids of this nature would lead to instability within the health sector.

October 4, 2013

As the B.C. health services division of CUPE National, HEU encourages our members to fill out a new survey on the impact of “working alone” – an issue that’s been frequently raised by our community health and community social services members. CUPE’s National Health and Safety Committee – which has HEU representation – has identified working alone as a significant factor in unsafe workplaces.

New Brunswick Telegraph-Journal Sat Apr 12 2014

So who are the authors of this terrible news, is it a group with no vested interest? That's hardly the case - it comes from the Canada Health Coalition, a group whose board of directors reads as a who's who of national unions. The Chairwoman is Pauline Worsfold, of the Canadian Nurses' Union; the Vice-Chair is Barb Byers, the Executive Vice President of the Canadian Labour Congress. A quick read of the directors show representations from a broad cross section of labour, including the United Steelworkers, PSAC, CUPE, to name just a few. So what about the $715 million figure that is so often referenced? First, it is not a fact but a projection, and in my judgment a highly questionable one. Projections are based on assumptions and estimates, and these can be easily manipulated depending on the methodology.

Stephen Campbell is a columnist and host of Voice of the Province on Roger's TV. He can be reached at telegraph.campbell@gmail.com

Toronto Star Sat Apr 18 2015

Did you and I pay for Dr. George Doodnaught's legal defence? This question echoed through my head as I sat this week in the near-empty hotel room that holds the sad public hearings on sexual assault and patients. They are sad both in content and attendance, but I'll get to that thought later.

Doodnaught was convicted of sexually assaulting 21 female patients and sentenced to 10 years in prison last year. He was an anesthesiologist at North York General Hospital who, once he'd put female patients into a semi-conscious state, stuck his penis or tongue in their slack mouths and reached under their hospital gowns to grope their breasts. Two of Doodnaught's victims spoke before the health minister's task force this week.

New Brunswick Telegraph-Journal Wed Aug 26 2015

miramichi * Wearing their now-familiar red shirts and clutching makeshift candles made of Tim Hortons cups and whatever else they could find, nearly 200 unionized workers, mostly from the city's two nursing homes and the Miramichi Regional Hospital, lined up along Water Street in Chatham Head Monday night to rally against further privatization in the public sector. The candlelight vigil was organized by Kevin Driscoll, the president of the Canadian Union of Public Employees (CUPE) Local 865, which represents hospital staff in Miramichi.

Driscoll, who works as a nursing unit clerk at the Miramichi Regional Hospital, said that workers are growing more disenchanted by the day as the provincial government continues to give the private sector a greater role in its health care and senior care system. He said CUPE staff felt they had to do something to draw attention to these issues and, with the hospital serving as the backdrop as night fell on the city Monday night, everyone agreed that gathering on the side of the road by candlelight would help convey their message. "It shows that people here really care about the Miramichi and it's too bad that politicians don't care about it as much," Driscoll said. "They want to privatize the nursing homes, they want to cut to the Education Department, their cutting the highway budgets and they're cutting to every service they can think of, so where are we going to go? They don't seem to think that matters."

The first day of arbitration hearings between Nova Scotia’s health-care unions and the provincial government opened with a final attempt by CUPE to prevent unions from being assigned to designated bargaining units.

Arguing on behalf of CUPE, which filed a charter of rights protest against Bill 1, the legislation that merges nine health authorities, Susan Coen told arbitrator Jim Dorsey that he has the power to consider other options.

Although a lawyer for the health associations portrayed this as unions calling for the status quo, Coen noted that the four unions (CUPE, Unifor, Nova Scotia Nurses’ Union and Nova Scotia Government & General Employees Union) reached consensus on the association model through a lot of effort.

by Steven Barrett (Show all posts by Steven Barrett) February 4, 2015

Three years ago, I commented on the then new (2012) OMA and Government agreement. I expressed scepticism at the time that the Agreement would truly result in the freeze (and indeed savings) the Government asserted that it would, especially without a hard or soft cap on utilization growth. As it turns out, at least according to the Government, the savings did not materialize. Hence, the Government proposed, and is now purporting to impose a cap on overall expenditures (given that the tentative agreement providing for such a cap has now been rejected by the OMA).

But another feature of that 2012 agreement was a separate agreement in which the Government and the OMA agreed to a process for negotiating future Physician Services. Under this process, which applied for the first time to this most recent round of negotiations, there is a period of bilateral negotiation, followed by assistance from a “Facilitator” who can make confidential recommendations to the parties. Then, if the parties are still unable to resolve their differences, the process provides for a second step – a “neutral conciliator” – who, if the parties can still not reach agreement, is empowered to issue a written report with non-binding public recommendations for resolving any outstanding issues. However, the 2012 agreement did not contain a mechanism for resolving any remaining impasse, should the parties not be able to reach agreement following facilitation and conciliation. Rather, the parties agreed that the Government could move to unilateral implementation of its proposals once the facilitation and conciliation phases (including any public report and recommendations) were concluded.