Guardian
73 First Nations communities in Canada can’t drink the water in their own homes.
HOSPITAL EMPLOYEES’ UNION
FALL/WINTER 2018 • VOL. 36 • NO. 3
LET’S FIX THIS. TELL PRIME MINISTER TRUDEAU: Live up to your promise to end all long-term water advisories on public systems on reserves.
A CONVENTION LIKE NO OTHER
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NDP repeals Liberal legislation that put thousands of members out of work and destabilized seniors’ care.
Guardian HOSPITAL EMPLOYEES’ UNION
FALL/WINTER 2018
2018 – A giant leap forward
11
FEATURE
Landmark ruling IHA substance use policy struck down | 5
NEWS
FBA bargaining
Tentative agreement reached | 3
Labour and First Nations strengthen relationship | 11
Attack on labour
Ontario’s war on workers | 11
Joshua Berson PHOTO
BC Fed convention
HEU T-SHIRT DAY | Scores of HEU delegates attending the union’s 31st biennial convention donned their campaign T-shirts to celebrate the convention’s theme “powered by solidarity”.
FOR HEU,
4 11 COLUMNS Viewpoint
Building an inclusive union | 6
President’s Desk Why political action matters | 6
After Shift
Helping youth deal with bullying behaviours | 13 ON THE FRONT COVER: Convention delegate rejoices at Premier Horgan’s committment to repeal Bills 29 and 94. (Elaine Littmann PHOTO)
2018 brought a tidal wave of change. After many years of unrelenting advocacy, struggle and member activism, the union achieved major gains on many fronts. Following an ambitious, twoyear campaign to raise staffing levels in seniors’ care, B.C.’s NDP government committed $240 million to bringing an additional 900 care aides into long-term care. It’s a badly needed investment for workers, who desperately need more time to care for their residents, and a welcome relief for families who fear, that without enough staff, their loved ones will not get the level or the quality of care they need. And after a 16-year-long fightback against the BC Liberals’ punishing legislation (Bills 29 and 94) – which robbed health care workers of critical job security protections, and facilitated the privatization of health services in our hospitals and long-term care homes – 2018 drew to a close with the promise of a new path forward. Together, with anticipated changes to B.C.’s Labour Code next year, that victory will see health care workers regain basic job security protections when work is contracted out, and will put an end to the mass firing of workers when contracts change hands (see page 8). At the same time, government
has taken action on several key issues HEU has fought for over the years. They’ve stopped using PublicPrivate Partnerships (P3s) to build new hospital infrastructure. They’re opening public surgical clinics to reduce waitlists, providing more diagnostic services such as MRIs, and they’re cracking down on private clinics which engage in illegal extra-billing. “For years, we advocated for these solutions, and were completely ignored by a government focused on tearing our public system apart and handing it over to corporations, piece by piece,” says
“Our members are always a force to be reckoned with. Their activism is at the core of every gain we make, big or small.” HEU secretary-business manager Jennifer Whiteside. “But in the past year, there has been an astonishing reinvestment in care at all levels.” On other fronts, HEU continued to bring new members into the union. In 2018, 1,075 workers joined HEU. And strong local campaigns saved the jobs of HEU members facing layoffs due to contracting
out, contract-flipping and staff replacement. At Royal Columbian Hospital, that local successfully fought a P3 project that would have contracted out 40 trades and maintenance workers. New members at Madison and Lakeshore care homes in Coquitlam stopped the mass firing of more than 100 workers through two contract flips. And in Bella Bella, Vancouver Coastal backed down on a plan to replace the care aides, who live in that community, with LPNs from outside agencies. “Our members are always a force to be reckoned with,” says Whiteside. “Their activism is at the core of every gain we make, big or small.” 2018 was also a year when four out of every five HEU members were at the bargaining table – in facilities, community health, community social services and in the union’s growing independent long-term care sector. As the year draws to a close, Whiteside says, “There’s no question, we have a lot on our plate in 2019. But we’re ready to move into our 75th anniversary year with pride in all that we’ve achieved, and with confidence in all that we are about to achieve in the new year ahead.”
Fall/Winter 2018 | GUARDIAN 1
COMMENT Jennifer Whiteside | Secretary-Business Manager Thanks to all of you, our union is moving into the New Year with a solid foundation in place to tackle the challenges, and benefit from the opportunities, that lie ahead.
What an amazing year it’s been for the union! Having bargained new tools to address high injury rates in health care, HEU will take a leading advocacy role in making B.C.’s health care facilities safer, healthier and more accountable. We are also well positioned in the aftermath of bargaining in the facilities subsector to better protect our members through health care restructuring. And with new collective agreements in place, we will equip members across the union to enforce those agreements with the tools, knowledge and confidence they need to stand up for themselves and their co-workers in the workplace. To that end, the union will be dedicating resources toward building a stewards network to share information and break down the isolation many experience in their roles. And at every turn, we will bring a diversity, equity and inclusion lens to our work. To make that happen, HEU will be consulting with members about improving the representation of equity-seeking groups in the governance of our union. As we enter our 75th anniversary year, we have much to celebrate. And we have a clear path ahead to build on the progress we made in 2018. Here’s wishing all of you the very best to come in 2019.
THROWBACK HEU HISTORY
Bargaining across the public sector and in our private independent sector, holding our largest biennial convention ever, improving staffing levels in seniors’ care, finally turning the page on contracting out and contract-flipping, carrying out an ambitious education program, and more. There’s no question, 2018 was a turning point for the union – one that has positioned us well to reap further gains in the year ahead. And as always, the gains we’ve made – and the gains we will make – belong to the incredible activism of our members, who sacrifice so much of their time and energy to make a difference at all levels of the union. Whether it’s helping co-workers defend their rights to a safe and fair workplace, or campaigning for better care, or helping to bargain stronger collective agreements in all HEU sectors, members are at the core of every victory we’ve achieved in the last 12 months. And thanks to all of you, our union is moving into the New Year with a solid foundation in place to tackle the challenges, and benefit from the opportunities, that lie ahead. HEU, as a leading voice on seniors’ care, will continue to advocate for improved working conditions for staff and better caring conditions for the elderly. We will continue to work with, and support, family members as partners in making sure our seniors get the responsive, dignified care they so deeply deserve.
HEU MEMBERS HIT THE STREETS TO PROTEST BILL 29 In late January 2003, thousands of HEU members marked the first anniversary of the passage of Bill 29 with a march to the Plaza of Nations from Vancouver General and St. Paul’s hospitals. Throughout the province, HEU members organized information sessions, marched on MLA offices, wore black in the workplace and held rallies. Bill 29 shredded health care workers’ collective agreement and gave health employers the tools to lay off thousands of skilled, experienced workers and award lucrative contracts to private multinational corporations paying low wages. 2 GUARDIAN | Fall/Winter 2018
NEWS
Your union. Your paper.
FACILITIES BARGAINING
More rights, safer work, secure jobs in tentative agreement
SAFER WORK • $8.5 million for a provincial health care occupational health and safety organization funded by government • $1 million for MSI injury prevention • 600,000 new hours added to system by 2021 • Improved workload language
WAGES AND EQUITY • Six per cent in general wage increases over three years • Evening Shift Premium increases to $1.80 an hour by April 2021 • Night Shift Premium increases to $2.50 an hour by April 2021 • Weekend Shift Premiums increases to $1.80 an hour by April 2021 • On-call Differential increases to $3.40 an hour by April 2020 • Elimination of grids 7 and 8 (move to grid 9) in April 2019 and elimination of grid 9 (move to grid 10) in April 2020 • Isolation Allowance increases to $100 a month in April 2019 and now includes Powell River
JOB SECURITY
GOOD WORK | FBA bargaining team wraps up nine weeks of negotiations with health employers.
YOUR UNION OH&S animation video in the works Stemming from an initiative by the outgoing Provincial Executive occupational health and safety subcommittee, the union’s OH&S and communications departments are working together to create a short animated video. Say No, Stay Safe focuses on violence at work and how health care workers can protect themselves by exercising their obligation and rights to refuse unsafe work. “Health care continues to be one of the most dangerous workplaces in B.C.,” says Ana Rahmat, director of HEU’s new occupational health
from April 1, 2019 to March 31, 2021, and includes a six per cent general wage increase – two per cent in each year – as set out for all public sector collective agreements under the government’s current negotiating mandate. But in addition, the unions negotiated a phase out of the lowest steps in the pay grid, and secured targeted increases to shift differentials. The FBA is led by the Hospital Employees’ Union, which represents more than 90 per cent of union members covered by the collective agreement. HEU’s secretary-business manager Jennifer Whiteside, chief
spokesperson for the FBA, says the tentative agreement starts the process of rebuilding a stronger health care system that is safer, less fragmented, and where members have more rights on everything from job postings to grievance procedures. “The BC Liberals had 16 years to mess up our health care system – and it’s going to take more than one round of bargaining to fix it,” says Whiteside. “But I am really proud of our bargaining committee who showed a lot of wisdom and grit in making immediate gains in a no concessions agreement that will improve the working lives of our members.”
Brenda Whitehall PHOTO
THE 44,000-MEMBER multi-union Facilities Bargaining Association (FBA) reached a tentative threeyear agreement with B.C.’s health employers on December 1 after nine weeks of negotiations. It includes new language and resources to tackle the sector’s health and safety crisis, and it provides workers with more job security protections in the face of health care restructuring – including a restoration of pre-2002 protections against the contracting out of health care services. HEU’s facilities subsector members will vote on the agreement in January. The three-year agreement runs
“Workplace violence takes a toll not just on the workers’ well-being, but also on their co-workers and their families. That’s why this work is so critical for us to continue to address.” Keeping workers IN THE STUDIO | Voice actors join production safe is a top priority team for OH&S animation video. for the union’s newly and safety department. expanded OH&S “Violence has been a growdepartment, says Rahmat, and her ing cause of injuries in health team will be running a series of care in recent years,” she says. educational workshops on work“Increasingly, violence-related injplace safety throughout 2019. uries are impacting our members The union plans to release the at an alarming rate. animated short video in the spring.
• Restoration of pre-2002 no contracting-out provisions (and no cap!) with expanded protections built into collective agreement • Expanded rights for displaced employees to post into jobs at multiemployer work sites • Working group to look at bringing work back in-house • Special project vacancies to be posted after 24 months
MORE RIGHTS • Access to compassionate leave for pregnancy loss after 20 weeks • Bullying and harassment definition • Sexual and domestic violence leave of three days using special leave • Maintenance of 75 per cent top up of average weekly insurable earnings for employees who opt to extend parental leave benefits under changes to the EI program
There are many more provisions in the tentative agreement which will be available to members in January before ratification votes take place. Watch the website for details.
HEU heads to B.C.’s legislature On October 18, more than 30 HEU care aides, Provincial Executive members and family members of care home residents visited B.C.’s legislature to call for an end to contract-flipping and contracting out. Meeting with more than 50 MLAs, including Premier John Horgan, HEU made the case that more needs to be done to protect the critical care relationships in our province’s residential care homes. “Being able to share our experiences was powerful,” said Jhovie Satumera, a care aide whose Inglewood local experienced six Fall/Winter 2018 | GUARDIAN 3
IT’S THE LAW
Employment Standards changes support workers and families EXPANDED leave of absence entitlements in British Columbia, including parental and compassionate leave, took effect at the end of May. The changes to the province’s Employment Standards Act allow mothers to start their maternity leave as early as 13 weeks before their expected due date, which is up from the previous 11 weeks. The province also brought its leave rules in line with federal employment insurance benefits, providing birth mothers with the option to take longer unpaid parental leave of up to 18 months. The provincial governThe province ment also introduced a also boosted new unpaid leave of up compassionate care to 52 weeks for a parent whose child is missing as leave to 27 weeks a result of a crime. from eight weeks In addition, the changfor employees who es include a new unpaid need to tend to a leave of up to 104 weeks terminally ill family if a worker’s child, under the age of 19, dies. Prior member. to this new provision, the province only offered three days of unpaid bereavement leave. “These amendments are about supporting B.C. workers and extending compassion to families who face tragic circumstances, such as the loss or disappearance of a child, or the need to care for a dying family member,” said Harry Bains, the province’s minister of labour, in a news release. “It will not erase the pain experienced during a personal or family crisis, but it can help ease the worry and stress over job security.” The province also boosted compassionate care leave to 27 weeks from eight weeks for employees who need to tend to a terminally ill family member. Originally published on benefitscanada.com
KNOW YOUR RIGHTS
Workload overload Crushing workloads are weighing down B.C. health care workers across the board. Health care still has the highest workplace injury rate of any sector. And that’s why HEU continues to push for stronger health and safety protections for all members. It’s every employer’s responsibility to provide a safe work environment – and that extends to workload (Workers Compensation Act, Part 3, Division 3, sections 115 and 116). And all workers must follow safe work procedures. For example: when there’s a care plan policy for two-person lifts but the unit is short-staffed, the supervisor is required to prioritize duties to ensure workers have two people to perform the lifts. If you don’t have a local OH&S committee, report your workload concerns to a shop steward, site rep, or supervisor. You do have the legal right to refuse unsafe work if you believe performing a task can put you, a patient/resident or co-worker at risk of injury (Section 3.12; Occupational Health and Safety Regulation). This right applies to all workers in every sector of HEU. Some collective agreements have additional protections.
In the current 2014-2019 facilities contract*: “The Employer shall ensure that an employee’s workload is not unsafe as a result of employee absence(s). Employees may refer safety-related workload concerns to the Occupational Health and Safety Committee for investigation under Article 37.01 (c). “In situations where employees are absent and have not been replaced and where the work demand has not reduced, the Employer will provide work prioritization to employees in the same unit who are at work during the absence (Article 37.07).” Workers have the contractual right to ask management to make a priority list when working short, and to report safety-related workload issues to their OH&S committee to investigate. If the union is dissatisfied with the employer’s response, then the matter can be referred to an Industry Troubleshooter to resolve. Community health has similar workload language in Article 22.3 (c). Community social services members’ health and safety provisions are covered under Article 22, but there’s no specific workload language. *This language may be revised with a new contract. BRENDA WHITEHALL
Mike Old PHOTO
YOUR UNION
AT THE LEGISLATURE | On October 18, Health Care Assistant Day, HEU took the issue of contracting out in seniors’ care to B.C.’s politicians. Lobby group pictured above with Premier John Horgan and Health Minister Adrian Dix.
4 GUARDIAN | Fall/Winter 2018
contract flips. “But the meaningful part of our visit was MLAs listened. They heard us. And they pledged to do something about the problem.” Jennifer Whiteside, HEU’s secretary-business manager, reflected on the heartbreaking and life-affirming stories members told about the challenges of working in insecure jobs with the threat of mass firings always looming over their heads. “HEU members told MLAs about how vital care staff are to the health and well-being of vulnerable seniors,” she said. “And how desperately we need to restore stability and dignity to the work, and the workers, in this sector.”
Members from Kiwanis Village, Inglewood, Sunridge, Discovery Harbour, Madison, Lakeshore, and Cedars at Beulah Gardens shared their experiences from the frontlines. “HEU members never fail to inspire. They were incredible in their dignity, courage and determination,” says Whiteside. “It was a remarkable day of which we’ve already begun to see results.” In November, Health Minister Adrian Dix introduced Bill 47 to repeal legislation which, for 16 years, denied health care workers basic rights under the labour code. The bill passed into law on November 27 of this year.
“The only way we can create global peace is through not only educating our minds, but our hearts and souls.” MALALA YOUSAFZAL
LANDMARK DECISION
IHA substance use policy struck down Arbitrator orders health authority to consult with union to address policy shortcomings
ON NOVEMBER 13, HEU won a groundbreaking legal challenge against the Interior Health Authority (IHA) around its discriminatory policy for workers with – or perceived to have – substance use disorders. Throughout 19 days of hearings in 2017, Arbitrator John B. Hall heard extensive evidence on a Substance Use Disorder Policy grievance, filed by the union. Since 2013, HEU has challenged the IHA’s policy – including “last chance” and “return to work” agreements – on the grounds they violate members’ privacy and human rights, including
“The policy as a whole obviously needs amendment on several fronts, including the directions given to managers and others under the guidelines.” the right to choose their own health service providers, and to participate in the decisionmaking of their treatment plan. At issue was the fact that members were never given alternatives to the employer’s policy. And if they did not comply, their employment was put in jeopardy. As it was written, the policy applied across the board to everyone, including those who self-disclosed in order to seek the employer’s assistance, and those who may have had a workplace issue, like chronic lateness, regardless of whether or not there was any link to substance use. The policy also allowed supervisors and managers to access a member’s personal and medical information. And because they had to pay out-of-pocket for the treatment plan, ordered by the employer’s physician of choice, members suffered financial hardship. Those costs could run as high as $800 a month. In his 94-page ruling, Arbitrator Hall imme-
The group also observed Question Period and were recognized from the floor by Minister Dix. Parliamentary Secretary for Seniors Anne Kang read a statement marking Health Care Assistant Day, honouring the work of care aides and community health workers across the province.
Union education builds skills, confidence HEU’s education department has been exceptionally busy this year with a robust program that also introduced some new training opportunities.
diately suspended the operation of the IHA policy, pending a series of revisions to bring it into compliance. “The policy as a whole obviously needs amendment on several fronts, including the directions given to managers and others under the guidelines,” wrote Hall. His recommendations include: applying the policy only to employees with severe substance use disorders; stopping the employer from automatically placing employees on leave pending an assessment when substance use is suspected; giving employees more autonomy in selecting a mutually acceptable addictions specialist when it’s determined that an Independent Medical Examination is required; and restricting employer access to medical information. The arbitrator also ordered the health authority to engage in good faith consultations with HEU over a period of at least 90 days to address the shortcomings of the current IHA policy. The union had previously filed grievances against similar substance use policies in all health authorities, but they were placed in abeyance pending the outcome of the IHA arbitration. It is HEU’s position that Arbitrator Hall’s IHA decision applies province-wide, and the union has
now put the other health authorities on notice. “The union is ever so grateful to the three women who bravely came forward to testify in a room full of strangers and share their deep-
“The union is ever so grateful to the three women who bravely came forward to testify in a room full of strangers and share their deeply personal stories.” ly personal stories,” says Barb Lemky, HEU’s director of membership services in the Interior. “Without them, we could not have advanced our case as effectively as we did.” HEU has requested the Health Employers Association of BC take a leading role in bringing all health authorities’ policies into compliance, and the union is to be consulted on all proposed revisions. A comprehensive list of proposed policy changes, along with the arbitrator’s full decision, can be found on HEU’s website <heu.org>. BRENDA WHITEHALL
HEU WELCOMES NEW MEMBERS Over the past year, 1,075 health care workers made HEU their union of choice. Although most work in the residential care private sector, new members in the public facilities and community subsectors have also joined the union. HEU welcomes our new members from Chase Primary Health Care Clinic, Madison and Lakeshore care centres in Coquitlam, Valhaven Home in Abbotsford, Delta View Life Enrichment Centre, and Tapestry at Wesbrook
The union provided a series of leadership development courses and specialized training to meet specific needs of members and locals. These courses included a specialized shop steward course for newly certified locals with a focus on the relevant legislation and complaint processes to enforce rights before a collective agreement is negotiated. Courses primarily focus on union education, equity, occupational health and safety, and collective bargaining preparation and conferences. They aim to build members’ confidence to enforce collective agreement rights; to develop advo-
Village in Vancouver. “Becoming a union member is the best way to improve working conditions and make sure workers are treated fairly, and with dignity and respect,” says HEU organizing team leader Marie Pantelis. For more information about joining HEU, contact the organizing department by email at <organizing@heu.org>, or phone the Provincial Office at 604-438-5000 or toll-free at 1-800-6635813. All calls are strictly confidential.
cacy and campaign skills to address workplace issues; to strengthen members’ diversity, equity and inclusion awareness and skills; and to build stronger locals. During the past two years, more than 2,750 members participated in HEU workshops across the province. During that time, about 833 members also attended occupational health and safety training, including workshops on human rights and the duty to accommodate, mental health, and domestic violence at work. While HEU continues to offer a multi-step shop steward program, the union has also held courses on
women in leadership and introduction to equity. And a 2016 convention resolution called on HEU to provide members, staff and leadership with education on the residential school system in Canada, and on the Truth and Reconciliation Commission’s report. If selected to attend a workshop, HEU covers members’ wages, travel, accommodation, dependant and child care expenses, and provides per diems to support members’ attendance during these events. Check HEU’s website for course descriptions, updates, application forms and deadlines for the union’s 2019 education calendar. Fall/Winter 2018 | GUARDIAN 5
WORKING FOR YOU
THE UNION’S NEW Occupational Health and Safety department brings together a strong staff team with expertise in workers’ compensation, health and safety law, education, prevention of work-related illness and injuries, and early, safe return-to-work programs. With health care workers experiencing the highest injury rate of all occupations, and being at the greatest risk of violence on the job, HEU’s OH&S team is focused on bringing injury rates down through research, policy change, member education and steward training.
Elaine Littmann PHOTO
FOCUS ON HEALTH AND SAFETY
Betty Valenzuela | Financial Secretary
VIEWPOINT
Being on the Provincial Executive is an opportunity to help build an all-inclusive union, one that unites the members of all sectors
IT’S AN HONOUR to write my first column as your new financial secretary. Before I introduce myself, I’d like to acknowledge the incredible contribution retiring financial secretary Donisa Bernardo has brought to this great union. Donisa’s 30 years of activism, including 12 years as HEU’s financial secretary, have made her a strong and passionate leader – someone to respect and look up to, to be mentored by, and someone whose work ethic and commitment to workers’ rights and human rights have set the bar high. I have big shoes to fill. I’m grateful to Donisa for her guidance, professionalism and friendship over the years, and I wish her much happiness in her retirement. Now, for those who don’t know me, I’ve been an HEU member for 20 years. I was called up to the Provincial Executive as trustee in 2013, and was elected senior-trustee at the 2014 convention. I have decades of union activism and human rights advocacy. A voice for members
Born and educated in the Philippines, I immigrated to Canada in 1970, bringing with me a Bachelor’s degree in Business Administration (major in accounting) from the University of the East. I have a strong financial background and believe in balanced budgets. My goals on the P.E. have remained consistent since I was first elected – to be a voice for members, to improve member services, and to strengthen our union by standing shoulder-to-shoulder with all of you in our fight for decent jobs, living wages and safe workplaces. I am equally passionate about defending public services, workers’ rights and human rights – both locally and globally – through international solidarity, global justice and peace.
We are all HEU
Being on the P.E. is an opportunity to help build an all-inclusive union, one that unites the members of all sectors – facilities, community health, social services, independents, and contracted support services. I come to the financial secretary position while on union leave from the health records department at Vancouver General Hospital to serve my local as a full-time shop steward. Through responsible financial management, my local has achieved healthy annual surpluses during my 11-year tenure on our executive. Being an elected leader is not about power. It’s about finding my inner strength and conviction from being inspired by our members. I feel your struggles and aspirations. I offer you my commitment to openness, accountability, transparency, solidarity and equity. And I wish you a happy holiday season. See you in 2019.
6 GUARDIAN | Fall/Winter 2018
Barb Nederpel | President
PRESIDENT’S DESK Today, we have a government who values health care workers, recognizes the injustice done to HEU members, and respects working people.
AS OUR UNION turns 75 in 2019, I’m
excited to be part of celebrating HEU’s historic achievements over the decades, including being elected the first woman president of HEU at our recent convention.
Pride and emotion
But what really fills me with tremendous pride and emotion is reflecting back on the following day, November 8, when nearly 700 HEU delegates watched a live stream from the B.C. legislature, where NDP Health Minister Adrian Dix announced Bill 47, a bill to repeal Bill 29 and Bill 94. Many of you were not members back then. But it’s important for all to remember why the passage of Bill 47, on November 27, has such a huge significance for our union and our members. In 2002, the BC Liberals ripped up our contract, stripped HEU members of basic workers’ rights, and began selling off public health care to the private-for-profit industry. The impact was devastating. At that time, two lone women – NDP MLAs Joy MacPhail and Jenny Kwan – stood up for HEU members against 77 aggressive Liberals, who rammed Bill 29 into law. And more than 8,000 of our members – mostly women – were fired. HEU fought back hard with a legal challenge that went all the way to the Supreme Court of Canada. In a groundbreaking decision, the Court ruled sections of Bill 29 unconstitutional and established collective bargaining as a charterprotected right for all Canadian workers.
Political action matters
Bill 47 is the epitome of why our political action matters. Today, after 16 years of BC Liberals’ destructive attacks, we have an NDP government who values health care workers, recognizes the injustice done to HEU members, and respects working people. And they were elected in no small part because of HEU members. Once again, we’re in a pivotal political moment. The work of this government has only just begun. Since new campaign finance rules mean HEU cannot donate to political parties, we need to get involved in the upcoming Nanaimo by-election at a grassroots level – and use our power on the ground to support a government who stands up for the issues that matter to British Columbians. As we welcome in a new era for our union, I wish you a Happy New Year and look forward to meeting many of you in 2019.
HEU’S 30TH BIENNIAL CONVENTION • OCT. 30 - NOV. 4 • HYATT REGENCY VANCOUVER
> > > HEU’S 31
ST
BIENNIAL CONVENTION • NOV. 4 - 9, 2018
POWERED BY S OLI DA RI TY
The democratic work of the union The final days of HEU’s convention swept delegates back in time, through a story of resistance and resilience that was 16 years in the making. With almost 700 members attending the largest convention in HEU’s history, the Thursday morning plenary was paused to stream a live video from the B.C. legislature. As delegates watched, Health Minister Adrian Dix introduced Bill 47, legislation to repeal Bill 29 and Bill 94. And with that announcement, the room erupted in cheers, tears and thunderous applause. But even as they celebrated this victory, the importance of building the union’s strength was front and centre as delegates continued to propose resolutions and constitutional amendments to set HEU’s agenda for the next two years. Throughout the convention, two key themes emerged. Delegates spoke passionately about the urgent need to support member activists, stewards and local officers. And they expressed frustration about trying to recruit and retain activists in the face of a workload crisis that drains members of
Delegates bid a fond farewell to retiring financial secretary Donisa Bernardo.
the time and energy to get involved. Agreeing that strong stewards are the core of the union’s ability to effectively advocate for its members, delegates voted to allocate resources for a “steward’s network”. Its goal will be to improve education, build a culture of mentoring, and develop concrete projects to network stewards within regions who work under the same collective agreements. A report on this work will be presented at the 2020 convention. Delegates also agreed that time and energy are not the only barriers to building grassroots leadership. As the workforce changes, the need to build a union – where every member belongs and has the opportunity to participate and lead – is essential. To support this goal, delegates moved forward with HEU’s diversity, equity and inclusion mandate, initiated at the 2014 convention and reaffirmed in 2016. HEU’s five equity standing committees will take a leading role, including striking a working group to evaluate representation on the Provincial Executive (P.E.). A vision statement for HEU will be crafted to help guide practices, and all levels of the union’s operations and governance will be reviewed.
“We need to be developing a new generation of activists,” said HEU secretary-business manager Jennifer Whiteside in her impassioned address to convention. “To get there, we must be willing to deal with the tough issues of power and privilege in every part of our union.” This convention also marked another historic moment, the election of HEU’s first woman president. Barb Nederpel, from Royal Inland Hospital in Kamloops, has sat on the P.E. since 2012. As well, longtime HEU activist and P.E. member Betty Valenzuela became the first FilipinaCanadian woman elected financial secretary. Delegates also chose the 19 other elected members of the P.E., who will join the president, financial secretary and secretary-business manager, in implementing the goals and policies set by the union’s membership, and guiding the work of the union. Along with an enthusiastic welcome for the new executive, delegates bid a warm farewell to sixterm financial secretary Donisa Bernardo. In her keynote address, Bernardo spoke about her early days of political activism, encouraged delegates to step up to leadership roles, and appealed to current leaders to mentor and create space for new members to take power. “If we want to be a more inclusive union, it’s critical for us to continue to listen, learn and grow to move equity forward,” she said. In his remarks to convention, outgoing president Victor Elkins spoke of the need to keep locals vital, effective and positive, and the importance of inclusion. “We know that every HEU member can learn to be an activist and a leader,” he said. “We all have the power to stand up for our rights and the rights of others.” Several labour leaders brought messages of solidarity to the convention, including CUPE National president Mark Hancock and secretary-treasurer Charles Fleury, CUPE BC president Paul Faoro, Vancouver and District Labour Council president Stephen von Sychowski, and outgoing B.C. Federation of Labour president Irene Lanzinger. All praised HEU for its staunch activism and HEU members for their essential work. Fraser Health Authority chair and former president of the BC Fed Jim Sinclair also spoke, reminding delegates that “health care is one of the
most important forms of collective solidarity we practice as a society.” And he thanked HEU members for the work they do, saying it “keeps faith in the system, and that’s what will save it.”
And the award goes to …
Every convention is an opportunity to recognize members and locals for their activism. The Mary LaPlante Sisterhood Award was presented to Joyce Beddow, of the Ashcroft local, for her years of activism and volunteer work in the union and in her community. Cora Mojica, of the Seven Shining Stars local at Vancouver General Hospital, received the HEU Social Justice Award. Cora was a founding member of HEU’s Living Wage Campaign, and an inspiring leader in the United for Fairness campaign for contracted support services workers. And the advocacy work of Christine Edgecombe, from CMHA Fraser local, was recognized with the HEU disAbility Rights Award. Convention plaques were also awarded to locals for successful fightback campaigns. The Madison Lakeshore local in Coquitlam was recognized for their battle against mass layoffs at their newly organized facilities, and for their courage to put a public face on the issue of contractflipping. Shorncliffe Care Centre and Totem Lodge members in Sechelt were also saluted for their long campaign to protect the jobs of 200 HEU members when their publicly run care homes are replaced by a private facility. The Convention Gavel was presented to the Bella Bella local, who worked with the Heiltsuk Tribal Council to protect care aide jobs at R.W. Large Memorial Hospital. Heiltsuk Chief Councillor Marilyn Slett and Councillor Ayla Brown spoke about the importance of Heiltsuk elders being cared for by health care workers within their own culture and community. The convention also offered several opportunities for members to network and socialize, including an event hosted by the young workers subcommittee. As always, Equity Night was full of entertainment, activities and delicious food. And members packed HEU’s traditional women’s gathering, and a breakfast hosted by the men’s subcommittee. ELAINE LITTMANN
Fall/Winter 2018 | GUARDIAN 7
> > > HEU’S 31
ST
BIENNIAL CONVENTION • NOV. 4 - 9, 2018
Over a weekend in late January 2002, the new B.C. Liberal government of Gordon Campbell used its 77 to 2 majority to force Bill 29 – the Health and Social Services Delivery Improvement Act – through the legislature. Bill 29 tore up negotiated job security protections in the health and social services collective agreements, and cleared the way for what would become the largest mass layoff of women workers in post-war Canadian history. Bill 29 opened the door for the privatization of hundreds of millions of dollars of publicly delivered health services in “non-clinical” areas of health care. The biggest targets were housekeeping, laundry, food services, security and a range of seniors’ care services. Provisions that removed contracting-out protections were struck down by the Supreme Court of Canada in 2007, but the exclusion of health care social services from successorship protections and other provisions of the Labour Relations Code have remained until this day.
The Health Sector Partnerships Agreement Act – Bill 94 – was passed into law in December 2003 and essentially extended many of the provisions of Bill 29 to the growing number of for-profit operators in the health care sector – P3 hospitals, publicly funded but privately built care homes, and their subcontractors. Like Bill 29, a number of provisions in Bill 94 were struck down by the Supreme Court of Canada, but the exclusion of private operators and their subcontractors from basic labour code protections survived the five-year court challenge from HEU and other health unions.
The Health Sector Statutes Repeal Act – Bill 47 completely repeals both Bill 29 and Bill 94 in their entirety. It received Royal Assent on November 27, 2018 and became law, but it won’t come into force until the provincial cabinet determines the timing and considers whether any regulations are required to assist in the transition. The main impact will be to provide full access to the labour code for health care and social services workers – especially successorship protections and other provisions that help ensure that companies can’t use shell companies and other techniques to avoid becoming signatories to collective agreements.
8 GUARDIAN | Fall/Winter 2018
End of the line Out the “To this day, Bill 29 and 94 continue to deny health workers basic rights available to all workers in British Columbia. Repealing them will help to ensure that all health care workers are treated with respect as full members of the health care team at a time when team-based care is a necessity at every level, from the hospital to the care home to the community.” With those words, on November 8, B.C. Health Minister Adrian Dix stood up in the provincial legislature and introduced Bill 47, the Health Sector Statutes Repeal Act. It was an incredible moment to witness, as delegates and guests to the union’s convention watched by live-stream and within minutes, broke into thunderous applause. “Sisters, brothers, friends, you did it. It took 16 years – but you did it,” HEU’s secretary-business manager Jennifer Whiteside told convention delegates. “This struggle could not have been won without the incredible solidarity that all of you have demonstrated from the very, very beginning.” At the same time, she thanked all those in the labour movement who stood shoulder-toshoulder with HEU, from the outset and in the years that followed.
EVERYONE HAS A STORY
“Everybody has their own story around the impact of Bill 29 – whether you were a member at the time, a member who lost their job, or whether you came into the union after the fact. Everybody has a story about what has been such a fundamental wrong that is finally on its way to being righted,” she said.
It’s just 77 words long, but Bill 47 will have a significant impact on health care. It completely repeals Bill 29 and Bill 94, coming into force through an order of the provincial cabinet which will determine the timing, and regulations required for an orderly transition. Government will consult with HEU and other stakeholders before this happens. When it comes into force, health workers will regain access to successorship provisions in B.C.’s Labour Relations
Whiteside also clarified that the repeal of the offending legislation is one of the necessary actions required to address the contracting out and contract-flipping legacy of the two bills. (see What’s next? below) “It’s an opening. It doesn’t get us there. In order to make the absolute best use of that opening, we’re going to need to make sure we protect our government and that we’ve got the people in power who will make the right decision on these issues in the future.” That sentiment was echoed by HEU member Don Adlam of the PHSA (Amalgamated) local when he stood up on the plenary floor and said, “I’ve been a member of the HEU for 11 years, and right from the beginning I was always opposed to the political activity. I always wondered why some of our dollars had to go into political activity. “I felt it was wasteful and unfair. I’ve got to say, I was wrong… It’s paid off. I’m so incredibly proud of the work I thought shouldn’t be being done.”
AN UPHILL BATTLE
From the moment Gordon Campbell’s newly elected Liberal government rammed Bill 29 through the legislature in January 2002, HEU faced an uphill battle to regain lost rights.
Code. These protections ensure workers don’t lose their collective agreement or union membership when a business is sold or transferred from one owner to another. But for successorship protections to be effective in health care, they must be expanded to include circumstances where work is contracted out – which is different than a sale or a transfer. HEU and many labour allies called for such a change during a review of the Labour Relations Code by an expert panel
appointed earlier this year. In October, the panel reported out with a strong recommendation to extend successorship protections to contract flips in health care, and other limited situations outside of health care. Government is expected to introduce legislation amending the code in the spring. “The implications – of both regaining access to successorship through Bill 47, and strengthening those protections through changes to the labour code – are huge,” says
POWERED BY S OLI DA RI TY
for Bill 29 door with 94
What they said ADRIAN DIX • Health Minister The passage of Bills 29 and 94 led to the layoff of more than 10,000 health care workers – the largest layoff of women workers in Canadian history. And while some provisions were struck down after being unconstitutional by the Supreme Court of Canada in 2007, both laws remain in force today.…You cannot have one group of workers not have the same rights as everyone else and have a society that works well and works together.
JOHN HORGAN • Premier I remember it like it was yesterday – my first election in 2005 in Langford – knocking on doors and finding couples, HEU couples, who had lost their jobs. A family torn apart by a government that did not understand the fundamental role you play in health care and more importantly – did not care about the impact on 8,000 people who lost their jobs and many thousands more who took pay reductions just to stay where they were. We understood that. And every door I knocked on when I met an HEU member, it was deeply embedded in me and all of my colleagues.
JUDY DARCY • Mental Health and Addictions Minister JOY | Delegates react to live-streamed announcement that Bill 29 and Bill 94 will be repealed.
HEU members and their allies used every tool imaginable to fight the unjust law – from mass rallies and demonstrations, to political lobbying, to workplace and high-profile media campaigns. But it didn’t stop there. The union immediately took on the huge challenge of reorganizing the newly privatized workers. And then, through four successive rounds of bargaining with their corporate employers, secured contracts that have lifted their wages from $9 an hour to more than $16 an hour, while achieving job security and a new B.C. industry-wide standard for support service workers in health care. Five years after Bill 29 became law, the union achieved a landmark victory from Canada’s highest court. On June 8, 2007 the Supreme
Court ruled that key sections of the legislation violated the Canadian Charter of Rights and Freedoms. And, for the first time in Canadian history, it extended the freedom of association provision of the charter to include the right to free collective bargaining for all workers. HEU’s long fight for justice also extended through numerous campaigns in seniors’ care where Bill 94 was used to facilitate contractflipping by private, for-profit operators – which allowed the mass firing of entire staff teams and encouraged a race to the bottom. Health authorities and the Ministry of Health have not tracked the frequency of those situations, but HEU estimates contracting out and contract-flipping has occurred one or more times in at least 100 care homes since 2002. PATTY GIBSON
HEU secretary-business manager Jennifer Whiteside. “It will bring stability and security to workers, seniors and patients by introducing a strong disincentive to fire workers to lower wages. “In addition, we’ve negotiated an agreement as part of the facilities collective agreement, which sets out a process and guidelines under which government and/or employers will look at the potential of returning contracted-out services to the direct control of health authorities.”
The Gordon Campbell government was intent on privatizing health care and intent on provoking a race to the bottom – affecting the wages and working conditions of the people who provide care but also, frankly, [causing] a race to the bottom in the provision of seniors’ care. These workers who were laid off were guilty of nothing more except pouring their hearts and souls into working in health care every single day.
JINNY SIMS • Citizens’ Services Minister There they were making what anybody would consider a living wage of about 18 dollars an hour one day and the next day – at the very same job – they were making eight, nine or 10 dollars an hour. Imagine what that does to you as a worker when one day you’re working for $18 and the next day you are expected to do the exact same job for half your wage.
HARRY BAINS • Labour Minister Thank you to the thousands of workers who never relented their attempt to right this wrong. Finally, after 13 years of being elected in this house, I will actually be debating and voting on a bill that was declared illegal. Bills 29 and 94 represented abuse of power, represented the denial of constitutional rights to workers, it represented creating a second class of workers, it represented disrespect toward working people, and it, in fact, represented the total contempt shown by that government toward working people.
JOY MACPHAIL • former MLA We could not have done what we did, for those years, without the help of the labour movement. And HEU was there every step of the way.
JENNY KWAN • MP Vancouver East and former MLA TRIUMPHANT TWOSOME | Former NDP MLAs Jenny Kwan and Joy MacPhail recall what it was like facing down the 77 B.C. Liberal MLAs who forced through the contract-shredding Bill 29 in January 2002.
I never thought this day would come. And it is here. And I am so very grateful to all of you for sticking it out, hanging in and believing that your rights matter. Because all of our rights matter.
Fall/Winter 2018 | GUARDIAN 9
> > > HEU’S 31
ST
BIENNIAL CONVENTION • NOV. 4 - 9, 2018
Meet your new Provincial Executive A major order of business at every HEU convention is electing the union’s Provincial Executive. These 22 women and men – including secretary-business manager Jennifer Whiteside – are charged with carrying out the wishes of convention and leading the union over the next two years. FULL-TIME OFFICERS PRESIDENT
Barb Nederpel health records clerk Kamloops/ Thompson Local
SECRETARYBUSINESS MANAGER
Jennifer Whiteside
FINANCIAL SECRETARY
TRUSTEES
REGIONAL VICEPRESIDENTS – INTERIOR Talitha Dekker SENIOR TRUSTEE accounts receivable clerk Kamloops/ Thompson Local
Barb Biley SENIOR TRUSTEEELECT medical stenographer Comox Valley Hospital Local
Betty Valenzuela
Ken Bennett
health records clerk Vancouver General Local
residential care worker Malaspina Mid Island Local
VICE-PRESIDENTS Ken Robinson
TRUSTEE
REGIONAL VICEPRESIDENTS – FRASER
1ST VICEPRESIDENT
Joanne Walker
diet technician Kelowna Local
booking clerk White Rock Local
Jodi George 2ND VICEPRESIDENT
Karin Vik
renal dialysis technician Surrey Local
lab assistant Chilliwack Amalgamated Local
Bill McMullan
Sara Mann
3RD VICEPRESIDENT residential support worker Kardel Local
10 GUARDIAN | Fall/Winter 2018
rehab assistant Eagle Ridge Local
Rhonda Bruce rehab assistant South Okanagan Local
Shelley Bridge care aide Columbia View Local
Monica Thiessen lab assistant Shuswap Local
REGIONAL VICEPRESIDENTS – NORTH Mike Cartwright power engineer Prince George Local
Lisa Crema life skills support worker Prince George Local
REGIONAL VICEPRESIDENTS – VANCOUVER COASTAL Louella Vincent community support worker WHR Lower Mainland Local
Ernie Tanguay maintenance worker Vancouver General Local
Karen McVeigh care aide Dogwood Lodge Local
REGIONAL VICEPRESIDENTS – VANCOUVER ISLAND Cathy Black cook Tri-Port Local
Charlotte Millington tech support Royal Jubilee Local
UNION DEMOCRACY AT WORK HEU’s Provincial Executive (P.E.) is elected by convention delegates every two years. The P.E. is responsible for implementing the goals and policies set by HEU’s membership, and guiding the work of the union between conventions. P.E. members represent all regions of the province, and come from a variety of occupations and sectors. You can read more about your elected representatives in their bios posted on HEU’s website <www.heu.org/provincialexecutive>.
LABOUR
News from here and around the world
Ontario braces for war on workers Accountability Act. This bill proposes eliminating or reducing the powers of numerous regulatory bodies and independent agencies, such as the Child Advocate, the Environmental Commission, and even the Chief Electoral Office. This, say labour leaders, will create an environment for dissolving government assets and privatizing services without accountability.
“The Ford Tories may be calling this the ‘Restoring Trust, Transparency and Accountability Act,’ but what it does is damage our democracy, demolish government accountability and open the doors wide for even greater corporate influence over government decisions. The people will pay while corporations benefit – period,” says Hahn. ELAINE LITTMANN
B.C. FEDERATION OF LABOUR
Convention focused on unity, fairness THE 500,000-MEMBER B.C. Federation of Labour set its sights on levelling the playing field for workers at its biennial convention in November. More than a thousand delegates also backed a unity slate to replace retiring president Irene Lanzinger, as well as secretary-treasurer Aaron Ekman, who did not seek re-election. Laird Cronk – an electrician and long-standing member of the International Brotherhood of Electrical Workers Local 230 – was acclaimed as president. B.C. Government and Service Employees’ Union executive vice-president Sussanne Skidmore will take over the reins of the BC Fed’s finances from Ekman. Cronk says strengthening the labour movement and increasing its membership base ensures that the economy works for everyone. “We have much work to do. We must lift up all workers— those in unions and those not yet in unions.”
Lanzinger – a former president of the B.C. Teachers’ Federation – had been the BC Fed president since 2014. “In a short timeframe, we have made amazing progress for working people on issues like a $15 minimum wage, a $10 per day child care program, the elimination of MSP premiums, and measures to protect vulnerable foreign workers, just
to name a few,” Lanzinger says. HEU president Barb Nederpel and financial secretary Betty Valenzuela were sworn in to the Executive Council of the BC Fed where they will join HEU’s secretary-business manager Jennifer Whiteside. “I was really proud of all our delegates who so ably represented our members at the mic,” says Nederpel.
Joshua Berson PHOTO
WHILE B.C. IS FINALLY seeing progressive changes to the province’s labour laws and critical improvements to health care services, Ontarians are experiencing a drastic undoing of the policies and protections that were brought in by their previous provincial government. When Premier Doug Ford and his Conservative government took power in June 2018, he immediately began laying the groundwork for what labour leaders predicted would be a landslide of public service cutbacks and privatization – all designed to benefit business and industry at the expense of working people. The Making Ontario Open for Business Act (Bill 47) scraps a wide range of existing employment and labour relations laws. That legislation: • freezes the Ontario minimum wage. • removes successor rights in contract tendering for publicly funded services. • restricts personal leave provisions, eliminating all rights to paid leave, and making it more difficult to access sick leave. • allows employers to pay part-time and casual workers less than full-time or permanent employees. It also makes it harder for workers to join a union. Laws around organizing, certification and return-to-work rights have shifted in favour of the employer, and reduced fines for employer violation of the Labour Relations Act. Premier Ford has also closed the Ontario College of Trades, a move that weakens unions’ apprenticeship training programs and standards. “Unions are the last protection we all have from wages and benefits sliding even further backwards,” says CUPE Ontario president Fred Hahn. “Making it harder for workers to join a union makes it easier for employers to further exploit Ontario’s working people.” A week after this “business-friendly” bill was passed, the Ontario Conservatives introduced the Restoring Trust, Transparency and
PROTOCOL AGREEMENT | A number of Indigenous HEU delegates bore witness to the signing of a renewed agreement between the BC Fed and the First Nations Leadership Council that outlines the principles for a stronger relationship between labour and First Nations.
Care staff are a lifeline for B.C. families WHEN I HEARD that Bills 29 and 94 were repealed, I was thrilled. Those bills unfairly denied health care workers’ basic rights, rights which all other workers in the province were able to access. Good care for seniors relies on stability and continuity. Yet, contracting out and contract-flipping destabilizes our system. Firing whole groups of workers who look after seniors and other vulnerable people doesn’t make sense – and yet, that is what has been allowed for the past decade and a half. As someone with three family members in care, at Lakeshore Care Home, a centre which had two flips this year, I know firsthand the disruption and stress contractflipping brings. First, there’s the fear that the new contractor may not hire staff back. And then, there’s the possibility that staff might leave to seek more secure employment. All this weighs heavily on family members. Our loved ones in care need continuity. They rely on the people who
We need to know the people who care for our loved ones won’t suddenly be out of a job.
VOICES
know what they need and what comforts them. These caring and professional workers – who have built relationships and established stable living conditions for our elderly – are a lifeline for families. Frontline staff know their residents, their histories and their particular needs, and this can take months to learn. Quality seniors’ care requires stable working conditions. The two are intertwined. Staff shouldn’t have to deal with job insecurity and the stress that goes along with it. And neither should residents or their families. We need to know that the people who care for our loved ones won’t suddenly be out of a job and go missing from their lives. Repealing Bills 29 and 94 is a step in the right direction, but we need to keep advocating for an end to contracting out and contract-flipping. Our care workers need it, and seniors deserve it. KATHLEEN COCHLAN
Lakeshore Family Council secretary
Fall/Winter 2018 | GUARDIAN 11
To deny people their human rights is to challenge their very humanity.” NELSON MANDELA
BILLS 29 AND 94
Legislation destroys lives and dreams
MEMBERS’ STORIES | When the news hit convention that government was about to repeal Bills 29 and 94 members lined up at the mics to share how their lives were impacted.
The devastation wrought by Bill 29 and Bill 94 destroyed the lives and dreams of thousands of health care workers. Amanda Chaplin was one of them. When the fallout of Bill 29 hit, Chaplin was a single mom working as a care aide at Parkholme Lodge in Chilliwack earning enough to support her son while doing work she loved. When the facility closed, she couldn’t find another job. With over 70 closures across the province, thousands of people were in the same situation. “My life totally changed,” says Chaplin. “I lost everything.” A few months after being contracted out, Chaplin had burned through her savings, couldn’t pay her bills, had $30,000 of debt and declared bankruptcy. She had to make the heartbreaking choice to leave her son with family while she sought work elsewhere. “I packed up my car, dropped off my son, who
I couldn’t feed, at my Mom and Dad’s house, and drove north to sleep on a couch and look for a job,” she says. If the BC Liberals hadn’t brought in Bill 29, Chaplin would likely have stayed in the Lower Mainland. Instead, she ended up in Fort St. John working as a medic in the oil patch. It took years to get her life back on track and find work in health care. “I know a lot of people who lost even more than I did,” says Chaplin. “Now, it feels like we’ve gotten some justice. It’s a relief. They can’t do this to anybody else – it stops here.” Catalina Samson was working two jobs and dreaming of buying her own place when everything changed in 2003. After moving to Canada from the Philippines in 1991, Samson found stable work in food services at Vancouver General Hospital and a longterm care home.
“I worked hard because I had a dream of owning my own place,” says Samson. “And my workplaces were good. They were safe. People received proper training, and the employer was respectful.” That changed with the contracting out of both of her workplaces. “The nursing home’s new contractor paid a lot less and had poor working conditions,” says Samson. “People were afraid to say anything because we didn’t have any job security.” At the hospital, Samson took an eight dollar pay cut, lost her sick leave and benefits, and was subjected to a 522-hour probation. Sixteen years later, Samson still works at the hospital. “But all these years later, I’m making $16.85. I’ve never been able to reach the $18 an hour wage I lost. My happiness about the repeal is for new generations of health care workers.” Sam Lindsay found herself caught in the riptide of Bill 94 in 2016 when the facility she had worked at since it opened was sold, and all of the workers contracted out. “About 155 workers lost their jobs and seniors lost their familiar caregivers,” says Lindsay. “And it was the second time we had been laid off in two years.” In April 2014, Wexford Creek workers had been laid off by the employer, and then hired back at lower wages. “I had known the seniors at Wexford since the doors opened,” says Lindsay. “We had such a close bond. We were like a family.” Lindsay remembers the tremendous chaos of that time. “Both workers and residents had no idea what to expect next. It was stressful and depressing for both the seniors and us.” She says, “There’s nothing normal about a mass layoff. At least with the repeal of Bill 29 and Bill 94, we’ll be able to have the same rights as other workers again. I hope that it will also mean contract-flipping will become a thing of the past.” SARA ROZELL
NEWSBITES B.C. brings back Human Rights Commission after 16-year hiatus A decade and a half after the BC Liberals dismantled the Human Rights Commission, the province is moving to reinstate it. “Until now, B.C. was the only province in Canada without one,” says HEU’s secretary-business manager Jennifer Whiteside. “Having a human rights commission makes sure people can access human rights support and services when they need them.” In 2017, the new NDP govern12 GUARDIAN | Fall/Winter 2018
ment launched a stakeholder and public engagement process which produced a report with 25 recommendations. In November this year, government introduced legislative amendments to the Human Rights Code to re-establish a human rights commission that would promote and protect human rights. “As we see what’s happening around the globe, it has never been more important that governments do all they can to end discrimination and stand up for human rights,” said B.C.’s Attorney General when making
the announcement. “Every person deserves to be treated with dignity and respect. By re-establishing a human rights commission, we are creating a more inclusive and just society for all British Columbians.” The code amendments, which reached royal assent on November 27, establish an independent human rights commissioner who will report to the legislative assembly. The commissioner will work with an advisory council to examine discrimination in the province, and develop tools for educating the public about combating inequality.
The next step toward establishing a commission will be forming an allparty committee to unanimously recommend a commissioner, who will then be subject to approval by the legislative assembly.
Solidarity with CUPW
Union members and supporters across Canada are holding solidarity actions to support postal workers, who have been deprived of their right to free collective bargaining. In October, members of the Canadian Union of Postal Workers (CUPW) launched a series of rotating strikes, and HEU, where pos-
Community health worker Steve Andrews has found his calling helping children, youth and parents find ways to deal with bullying behaviours.
The rewards are fantastic
Members of the Malaspina Mid Island local are once again leading its annual clothing drive – Warm Up Nanaimo – to provide warm items to people in need. HEU members from J. Garnons Williams and KDJ Alliances sites have held this drive since 2012. “The first year, the response was tremendous,” says local vice-chair and clothing drive co-organizer Ken Bennett. “Our co-workers and their families were incredibly generous with their donations.” Every year since, the local has been able to “fill the truck” to Warm Up Nanaimo, which has become a tradition for members, their families and friends. “This project is dear to our hearts because we help those in need and we get to see the compassionate side of people in our community,” says Bennett. “It’s gotten to the point where my neighbours start knitting hats, mittens and scarves months ahead in anticipation.” Bennett says that giving is a natural fit for members at the local. “We work in community social services and help people every day, so we know how much of a difference something like this makes.” Items are donated to the Nanaimo Women’s Resource Centre, an organization which supports women and families in the local community.
sible, supported these lines. Postal workers have been without a contract since January 2018, and are seeking improved job security, better health and safety measures, and an end to forced overtime. On November 23, the federal government passed back-to-work legislation that removes CUPW’s legal right to strike – a move condemned by labour groups across Canada. “The right to strike is an integral part of collective bargaining,” says Canadian Labour Congress president Hassan Yussuff. “Without it, an employer has no incentive to bargain in good faith, and workers
AFTER SHIFT
WARMING UP NANAIMO
HEU member Steve Andrews works for the Canadian Mental Health Association, providing support for residents of B.C. Housing sites. But outside his regular work, he’s on a mission to stop bullying among children and youth. His interest in innovative ways to address bullying was sparked almost 20 years ago, while counselling a group of youth in East Vancouver. “The anti-bullying materials they were getting said two things: ignore it, and tell an adult,” says Andrews. “The kids were the ones who asked how realistic this was.” Ignoring bullying, they said, did nothing to address the victim’s feelings of anxiety and helplessness. As for reporting the problem, in their experience, adults usually took steps that made the situation worse. “Schools have policies in place, but they tend to be about separating the kids, monitoring the situation, and punishment,” says Andrews. “That’s often not effective.” And, he adds, studies show that 50 per cent of kids being bullied will not tell an adult. His conclusion? Youth need skills and tactics to directly challenge bullying behaviour Youth need skills and when it happens. That’s why he created his tactics to challenge bullying educational and consultancy organization, behaviour when it happens. Bully Back Off Canada, about 15 years ago. Andrews offers counselling to kids and parents (both those who are bullied and who bully), and speaks at professional conferences. But primarily, he provides workshops through schools, at the request of educators or parent groups. As Andrews moves toward retirement, he says, passing on these skills feels even more important. “I want to train the professionals to do the work I do.” He says, “I was bullied terribly at school. I was a loner and an outcast, and school was absolutely miserable.” Andrews never thought bullying would become the focus of his work, but once he began, he felt a true connection, and now considers it a calling. Andrews pursues outdoor activities and yoga to stay healthy, and he doesn’t struggle with burnout. “I don’t find it exhausting at all. The rewards are fantastic.” Read more about Steve Andrews’ approach at <bully-backoff.zoomshare.com>.
have no recourse to demand a fair process.” Support pickets sprang up at Canada Post facilities, and hundreds have rallied in communities across the country for a National Day of Action on December 1.
ELAINE LITTMANN
CUPW condemns the back-towork legislation as “a hypocritical act by a government that promised to defend workers’ rights.” As the Guardian goes to press, negotiations have ground to a halt, waiting for the federal government
to appoint a mediator. And CUPW has filed a constitutional challenge with the Ontario Superior Court, declaring the legislation violates the right to free collective bargaining under the Charter of Rights and Freedoms. Fall/Winter 2018 | GUARDIAN 13
HEU by the numbers
1 2 3 4 5 6 7
In 2019, HEU celebrates a big anniversary. How old will HEU be? a) 75 c) 80
b) 55 d) 65
In 2018, how many new members joined the union? a) 780 c) 1,075
b) 360 d) 590
How many collective agreements does the union negotiate for its members? a) 62 c) 19
b) 25 d) 101
How many members does HEU currently have? a) 57,000 c) 36,000
b) 49,000 d) 45,000
FACEBOOK FEEDBACK
COFFEE BREAK JOIN THE CONVERSATION | HEU members and their allies are actively using Facebook and other social media platforms to talk about how to make their workplaces safer, protect good jobs and provide better care.
Members react to announced repeal of Bills 29 and 94 To be on the floor of convention for HEU and to have a live feed, you could hear a pin drop until the bill was announced, the jubilation and roar of over 600 people was an experience and a sound I will never forget. This has to happen!!! Not if or when, now. • Lynn Cawthra • Hoping for the best for all of us that finally justice will be rewarded for all the displaced health care workers because of the Bill 29 and Bill 94 which was unjustly enforced by the Liberals 16 years ago. Many thanks NDP, as this will benefit not only us right now, but for the next generation to come. • Alvin Supangan •
Tragic stories multiplied thousands of times over for these workers and the entire social services sector where contracts were simply ripped up by Gordon Campbell’s government. Scandalous! • Bruce Gunn •
I am so glad to have been at convention to hear this with many of my brothers, sisters and friends. With news so great it is no wonder why we were crying. Thank you HEU and our health ministers as well as all of our members for standing up for the rights of patients and workers • Kimberly Harker •
What also should be done is take a serious look at the companies/people that pushed for those two bills and the current list of service providers who give the “poor me” response to the new rules. • Don LaBossiere •
Thank God. So many people have been irreparably harmed by contractflipping. The workers and the clients were hurt the worst, the people causing the harm have fattened themselves and their assets on a very generous and easy to maneuver gravy train. Thank you, Adrian Dix! • Sandra Frederiks •
As a former HEU member, I would like to ask that we accept the good news for what it is. We can’t go back or deal with the great losses suffered, but you can move forward and help restore what was taken from us. We cannot be Campbell’s victims, but can be the HEU warriors moving forward • Heather Hurtubise •
Get connected Stay connected
@heu_in_bc
@HospEmpUnion
www.heu.org
hospitalemployees union
How many members took HEU courses over the last two years? a) about 3,000 c) about 1,800
b) just under 900 d) more than 2,700
HEU’s 2018 Convention was the largest ever. How many delegates attended?
a) just over 400 c) about 700
b) close to 1,000 d) about 900
What bill did the BC NDP recently pass to repeal the BC Liberals’ anti-labour legislation, which facilitated contracting out, contract-flipping and privatization in health care?
8
Brenda Whitehall PHOTO
a) Bill 94 b) Bill 47 c) Bill 29 d) Bill 14 How many people make up HEU’s Provincial Executive? a) 18 c) 25
b) 22 d) 28
Answers: 1 (a), 2 (c), 3 (d), 4 (b), 5 (d), 6 (c), 7 (b), 8 (b)
14 GUARDIAN | Fall/Winter 2018
STAFF SCHEDULER | An HEU member for 16 years, Julie Stevens is currently a program clerk at Royal Columbian Hospital. “I have to know all health care union contracts, coordinate staff schedules based on specific skill sets, call in relief staff to fill last-minute vacancies and pre-book casuals into known vacancies. And I do timekeeping. Staff shortages make our job very challenging.”
HEU PEOPLE RETIREMENTS Janet Grantham (Surrey) retired in September after 30 years at the hospital. She worked as bed control officer-registration, then in a variety of clerical positions, until retiring as a unit clerk in the Renal Unit. Janet was highly regarded by her co-workers and will be missed by all. Janet, her husband, dog and cats have happily retired to Qualicum Beach where they are running the Naughty Gull Bed and Breakfast. Congratulations, Janet! Long-time activist Jim Kelly (VGH) has retired. Jim spent 20 years as an offshore oilfield diver before beginning as a VGH data centre analyst in 1993. He suffered a stroke in 2014, while working alone, and was on LTD until he retired last year. During that time, he volunteered as a subject for several UBC research studies. Jim served three terms on the FBA bargaining committee and in several positions on his local executive. HEU wishes Jim a great retirement! Dietary aide Sharon Stilwell (Sechelt) retired in November from St. Mary’s Hospital (Sodexo). Sharon was a dedicated HEU member for 17 years, serving on the bargaining committee, the OH&S committee, as well as on her local executive as a senior trustee, trustee, and as a steward for over 10 years. Sharon will be deeply missed by her co-workers. We wish her a very happy retirement! Janet Teichrib (Overlander) retired in September after a long career in health care. She began working as a care aide in 1975, and then as an activity worker at Ponderosa Lodge until it closed in 2004. Janet then moved to Overlander Extended Care Hospital as a recreation worker, where she also served as a shop steward. Janet will be missed by her co-workers and residents. Retirement plans include volunteering in a children’s hospital program. Happy retirement, Janet! Bharti Topiwala (Kiwanis New Westminster) retired in December after working as a care aide/team leader for ProVita at Kiwanis Care Centre for more than 28 years. Bharti’s retirement plans include spending more time with family and becoming healthier. In the future, she and her husband expect to take small trips. She will be missed by her fellow workmates and the residents. HEU wishes Bharti all the best! Robert V. Larsen (Fraser Canyon) retired in December as a health care associate at Fraser Hope Lodge. He served his local for 30 years as secretary, chair, chief shop steward, shop steward and on the OH&S committee. Robert is a member of the Lions Club in Agassiz and is proud to serve his community. His retirement plans include travel and supporting
49,000 members in 280 locals
his family in their educational and work goals. All the best in your retirement, Robert!
IN MEMORIAM Long-time activist Beverly (Bev) Trynchy passed away in October. A staff scheduling clerk at St. Paul’s Hospital for more than 30 years, Bev served three terms as Regional Vice-President-Vancouver Coastal on HEU’s Provincial Executive and served on several P.E. subcommittees. Bev also served on CUPE National’s Health Care committee and on her local executive in several positions. Bev’s loss is deeply felt by her family, her union, and the labour community. Dorothy Beaubien passed away at home in August at the age of 70. A dedicated in-home care aide in Qualicum and Parksville, she worked at District 69/Oceanside local and Cokely Manor-Arrowsmith Lodge. Dorothy loved gardening, her grandchildren and her Parksville community. Dorothy’s loss is keenly felt by her family, workmates and the residents. Due to a tragic accident, Frances (Fran) Bierman passed away in August at 61. She worked as a resident care aide for many years at Sunridge Place in Duncan, where she is warmly remembered for her humour and compassion. Frances will be deeply missed by her family, friends, workmates and the residents of Sunridge Place. Robert (Michael) Hatch passed away in August at age 54, with his family by his side. Mike worked in the logging industry for 20 years before becoming a care aide 10 years ago at Fir Park/Echo Village in Port Alberni. Mike is remembered as a hard worker who brought much love and humour to his workplace. He was devoted to his family, a self-taught musician, and enjoyed the outdoors. Mike is lovingly remembered by all whose lives he touched. Halle Ruth MacMullen passed away in August at the Views in Comox, age 81. An LPN at St. Joseph’s Hospital for over 26 years, she was the long-time chair of St. Joseph’s (now Comox) local. “She was a good person,” says Eileen Henneberry, retired HEU rep. “Halle helped get her local certified with HEU. She was hardworking and dedicated to helping members.” Halle is warmly remembered by her family, her union brothers and sisters and the labour community.
CORRECTION LAST ISSUE Ken Bennett, Regional Vice-President, Vancouver Island at the time, was accidentally omitted from the Guardian masthead in the Summer 2018 edition.
Equity matters
Did you know that HEU has five standing committees? Working with HEU’s equity officers, they provide outreach and advocacy to HEU members, and work in solidarity with other social justice groups. To learn more, call 1.800.663.5813 to speak with Equity Officers Sharryn Modder and Jennifer Efting. Ethnic Diversity • Indigenous Peoples Pink Triangle • People with disAbilities • Women
Guardian HOSPITAL EMPLOYEES’ UNION
“In humble dedication to all those who toil to live.”
EDITOR Patty Gibson ASSOCIATE EDITOR Brenda Whitehall GRAPHIC DESIGNER Elaine Happer PRINTING Mitchell Press The Guardian is published on behalf of HEU’s Provincial Executive, under the direction of the editorial committee: Barb Nederpel, Jennifer Whiteside, Betty Valenzuela, Ken Robinson, Jodi George, Bill McMullan, Talitha Dekker HEU is a member of the Canadian Association of Labour Media
LOUELLA VINCENT Regional Vice-President Vancouver Coastal KAREN MCVEIGH Regional Vice-President Vancouver Coastal LISA CREMA Regional Vice-President North MIKE CARTWRIGHT Regional Vice-President North CATHY BLACK Regional Vice-President Vancouver Island CHARLOTTE MILLINGTON Regional Vice-President Vancouver Island STEPHEN ARISS First Alternate Provincial Executive
PROVINCIAL EXECUTIVE BARB NEDERPEL President
ERNIE TANGUAY Regional Vice-President Vancouver Coastal
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Fall/Winter 2018 | GUARDIAN 15
Guardian
73 First Nations communities in Canada can’t drink the water in their own homes.
HOSPITAL EMPLOYEES’ UNION
FALL/WINTER 2018 • VOL. 36 • NO. 3
LET’S FIX THIS. TELL PRIME MINISTER TRUDEAU: Live up to your promise to end all long-term water advisories on public systems on reserves.
A CONVENTION LIKE NO OTHER
justin.trudeau@parl.gc.ca
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NDP repeals Liberal legislation that put thousands of members out of work and destabilized seniors’ care.