Final Agreements Reached on Reinstatement of Lost LPN Seniority and Service

The parties have now agreed to reinstate seniority that was lost by LPNs who were moved into the Nurses' Bargaining Association (NBA) on April 15, 2013, but who continued to work for a health employer at another worksite.

Lost seniority was reinstated effective January 31, 2017 and all health authority-employed LPNs have now been consolidated into one health authority-wide LPN seniority list (see March 14 bulletin).

An agreement was also reached that addresses the reinstatement of the service and entitlements of LPNs who lost those entitlements after April 15 2013, but who continued to work for a health employer at another worksite.

The agreements were reached under the terms of the "Memorandum of Agreement Re: Integration of Licensed Practical Nurses into the NBA Provincial Collective Agreement" that was negotiated during bargaining of the 2014-2019 NBA collective agreement.

The agreement on service and entitlements will benefit affected LPNs as follows:

• Service: All service lost since April 15, 2013 will be reinstated.
• Entitlements and Benefits: All lost service entitlements and any other benefit lost due to termination of employment will be reinstated. This includes any sick leave banks, increments, severance entitlements, vacation entitlements and special leave banks.
• Vacation: Vacation hours earned based on reinstated service will be credited retroactive to May 20, 2016, the effective date of the MOA and added to 2017 vacation banks.
• Wages: Wages that were unpaid due to a loss of increment will be reimbursed retroactive to May 20, 2016.
• Portability: LPNs who terminated their employment after April 15, 2013 and were then hired by another health care employer are entitled to a retroactive application of "portable" benefits or entitlements as per Article 51 ? Portability of the NBA collective agreement.

Example:

In 2015 an LPN with 12 years of seniority and service was working in a regular full-time position at a hospital. They were at Step 8 of the wage scale in the Facilities Bargaining Association (FBA) collective agreement, had 1,090 hours in their sick bank, 17 days in their special leave bank and were earning 26 days of annual vacation.

After moving to a position covered by the Community Bargaining Association (CBA) contract on Sept. 1, 2015, the nurse lost their sick bank and special leave bank, and because their increment was not recognized by the community, they were started at Step 1 on the CBA wage scale. The nurse also had their annual vacation reduced to 18 days, the starting entitlement in the community at the time.

These losses will now be reinstated as a result of the recent agreement, and the nurse in the above example would receive full portability as follows:

• Reinstatement of their 12 years of lost service
• 1,090 hours reinstated to their current sick bank
• 17 days reinstated to their special leave bank
• Correction of their wage scale increment to the top CBA rate at the time they moved to the new position and payment of adjusted wages retroactive to May 20, 2016
• Reinstatement of their 26-day annual vacation entitlement and credit of adjusted vacation hours retroactive to May 20, 2016 (for use in 2017)

Retired and resigned LPNs also affected

LPNs who were covered by the NBA collective agreement as of April 15, 2013 and who have since retired or had their employment terminated may be entitled to further retroactive severance monies, 40 percent sick bank payouts, extra vacation hours credited to 2017 and/or other entitlements. This is only effective for nurses who have not ported any benefits or entitlements to another employer operating under the NBA contract.

These adjustments will be made by your employer. If you have any concerns regarding these adjustments, contact your employer's HR department. You may also wish to seek assistance from your BCNU steward.