HEU
REACHES TENTATIVE
DEAL ON BILL 29
(The
following article is from
the February 1-15,
2008
issue of People's Voice, Canada's leading communist newspaper. Articles
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PV Vancouver Bureau
Six years after the Campbell Liberals ripped up their collective
agreement, health care workers in British Columbia have reached a
tentative agreement to resolve their dispute with the provincial
government.
Announced on Jan. 28, the settlement is the
outcome of a Supreme Court of Canada ruling last June, which struck
down portions of Bill 29 and ordered the government to negotiate with
the Hospital Employees Union and its union partners in the Facilities
Bargaining Association. The Court struck down three sections of the
2002 legislation, which eliminated contracting out protections in
health care and community social services collective agreements. But
the court did not dictate the ultimate outcome, giving the provincial
government a year to deal with the repercussions. Nor did it reverse
the 15% pay rollback imposed on health care workers by the Campbell
government in 2004.
HEU's leadership is recommending that members
support the agreement in votes that will take place this month.
The deal includes $68 million in compensation
for workers impacted by Bill 29 in the past, and another $7 million for
retraining. A joint committee chaired by Vince Ready will oversee the
compensation process.
The agreement gives the union the tight to
negotiate on contracting out in the future. Prior to the retendering of
currently contracted out services, unions can now make a case to return
work in-house.
HEU secretary-business manager Judy Darcy says
the agreement benefits current HEU members by delivering expanded
rights and options in the future, and provides redress for workers
impacted by Bill 29.
"Our victory in the Supreme Court was of
fundamental importance to Canadian workers and has already made a big
difference in other provinces," says Darcy. "But the court did not
specify an outcome in their decision. We were left to work out the
details with a government that insisted on an unfettered right to
contract out, and that rejected any responsibility to provide redress
to members who were impacted by Bill 29.
"Despite this, we've expanded options for
members who may be laid off under the existing cap and secured new
rights to challenge contracting out in the future. We've also
negotiated compensation for members whose rights were violated and who
have already waited too long for justice without another drawn-out
court battle."
The agreement was announced six years ago to
the day that the B.C. Liberals imposed Bill 29, breaking Gordon
Campbell's promise in the 2001 provincial election to honour collective
agreements. This deal, says Darcy, means that the HEU "won't be
bargaining with one arm tied behind our backs" in 2010, when the
current agreement expires.
Workers laid-off under the existing 700 FTE
cap, first negotiated in 2006 and maintained in this agreement, will
have more options to remain employed in health care. They can now apply
for vacancies in a different health authority, and can also access
retraining funds.
"These are significant retraining funds that
will ensure that the public's investment in skilled, experienced
workers is preserved," says Darcy. "Skills shortages are crippling the
health care system. The retraining fund will help make sure that our
members fill those vacancies."
Darcy says that "health care workers in B.C.
took this fight to the highest court in the land and won recognition
that our collective bargaining rights are fundamental rights. Today, we
have secured recognition for those whose rights were violated and we've
gained expanded rights that we can use to defend members' jobs and
public services. And in 2010, we will go to the bargaining table
without legislative restrictions on what we can negotiate."
Provincial Health Minister George Abbott said
the deal resolves the issues that arose from the Supreme Court
decision, but still maintains that the broken contracts were
"unworkable."
Found at:
http://www.peoplesvoice.ca/articleprint11/05_HEU_REACHES_TENTATIVE_DEAL_ON_BILL_29.html