BCNU wins arbitration which affirms members' rights to union leave

The BC Nurses' Union has won an arbitration in relation to Article 44.01 (F) of the NBA collective agreement, which calls on the employer to make "all reasonable efforts" to grant a BCNU member leave for union business when it is requested. Here is some of the key information for BCNU members that is contained in the decision.

As a result of this successful arbitration it has been affirmed that employers must make all reasonable efforts to grant the member union leave. "Reasonable efforts" will now include calling out the leave at straight time and at overtime to full-time staff, part-time staff and casuals, as well as taking other measures to ensure leave is granted and staffing is covered, such as redeploying staff from other units.

BCNU members who require union leave are required to provide the collective agreement article under which they are seeking leave but are not required to divulge the nature of the union business that they are engaged in.

In addition, the employer is required to provide a response to the request for union leave within fourteen days of that leave request. If the leave was denied, they have an ongoing obligation to grant the leave. For example, if the leave request was for a day that was three months later, the employer would need to reassess the leave request at least every fourteen days to try and accommodate the request.

It should be noted that even when allowable leave quotas (ALQs) are met, the employer must still make all reasonable efforts to grant union leave. Union leave can only be cancelled in extraordinary circumstances.

BCNU members' rights to participate in the business of their union are fundamental to the health of their union and their obligations to provide safe patient care. This arbitration clarifies and confirms the language in the collective agreement relating to a member's ability to access union leave.

More detailed information about this award is available behind the BCNU Member Portal.