ESSENTIAL SERVICES PLANNING If a union engages in labour disruption during the collective agreement negotiations period, the BC Labour Relations Code (LRC) prohibits that job action from putting public health, safety and/or welfare at risk. Essential staffing levels as agreed to between the employer and the union for each worksite, program and unit in the province is the tool used to ensure that this risk is managed. If an employer and union cannot agree to essential staffing levels, the Labour Relations Board (LRB) is responsible for making a final determination. HEABC leads the process and provides support to employers through online resources and personal consultation, as needed. By participating in this process, each employer is able to establish and communicate its position on essential staffing levels. Consequently, there is less risk of the LRB determining essential service levels that are not adequate to ensure sufficient, ongoing patient care if job action is initiated, and less risk of health care being severely disrupted in the event of job action. In the health sector, planning and preparation for essential services began in the fall of 2021. The first phase involved negotiating Strike Headquarters (also referred to as Scheduling Headquarters), as employers are legally required
to provide space and equipment for the union to take over scheduling responsibilities during a strike. Strike Headquarter agreements were concluded by January 2022. The second phase required employers and unions to negotiate essential staffing levels for each program, worksite and unit, and to upload agreedto Essential Service Plans (ESP) into the Essential Services Database (ESD). Many ESPs were successfully negotiated between employers and unions at the local level. The LRB scheduled regional mediation in March and April 2022 to support the parties in reaching agreements on essential staffing levels that remained outstanding. As of the writing of this report, the vast majority of essential service staffing levels had been agreed to and employers and unions are continuing to upload their plans into the database. As these are uploaded, the LRB drafts an Essential Services Order (ESO) that confirms the agreed-to essential staffing levels between the parties. The ESOs are implemented by the LRB in the event of a job action.
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