Deconsolidation FAQ

Under Section 54 of BC's labour statutes, the employer is obligated to inform the union of any intention to introduce changes affecting a significant number of employees.

Specifically: “If an employer introduces or intends to introduce a measure, policy, practice or change that affects the terms, conditions or security of employment of a significant number of employees to whom a collective agreement applies [...] the employer must give notice to the trade union that is party to the collective agreement at least 60 days before the date on which the measure, policy, practice or change is to be effected."

No, neither the union or the members have control over decisions that lie solely with the employers and the Ministry of Health. The four Health Authorities in consultation with the Ministry of Health made that decision.

The union was not involved in the decision. The union received the Section 54 notice on the same day that the members were advised by VCHA.

Bargaining happens between the Health Science Professional Bargaining Association and the Health Employers Association to negotiate the terms and conditions of the collective agreement. The transfer of members' employment from one employer to another is not related to bargaining. Members who move from VCHA to another health authority will still be covered by the same collective agreement.

All benefits will remain the same including pension. All benefits and pension will transfer seamlessly to the new employer.

The union will work with the employers to make sure that all members accommodations are transferred to the new employer.

Situations like this will be negotiated as a part of the Section 54 Labour Adjustment Plan.

Following the transition, if you work for two different employers you will not be entitled to combine the hours to be paid overtime. However, if you work full time at one site and pick up shifts at a site with the same employer you would be eligible for overtime.

Yes, as a part of the transfer of your employment, your employee file will transfer to the new Health Authority.

HSA will continue to support members to resolve grievances even after the transfer of their employment occurs.  VCHA has agreed to work with the union to resolve as many grievances as possible prior to the transfer date. Members should consult with their stewards with respect to their individual grievances.

Members are internal applicants when applying on positions within the same employer.  If a member applies for a job at a different employer, the member would be considered an external applicant.

Yes, members are entitled to portability under Article 29.

No. There are no limits to the number of times members can port from one employer to another.

Members who are concerned about their seniority or service date at any time should reach out to VCHA payroll department to make an enquiry. Members who are unable to resolve their concerns should contact a local steward for assistance.

HSA has identified this as an issue. The parties are still in the process of negotiating the Labour Adjustment Plan.