Members of decertified locals not entitled to redress under Bill 29 Settlement Agreement, rules arbitrator

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The issue as to whether locals of a Facilities Bargaining Association (FBA) union that decertified after the enactment of Bill 29 are entitled to access lump-sum compensation under the Bill 29 Settlement Agreement was brought before arbitrator Vince Ready.

After hearing from both the FBA and the Health Employers Association of B.C. (HEABC), Ready has ruled that:

  • “1. Employees who were covered by the Facilities Subsector Collective Agreement as of the enactment of Bill 29 and who subsequently elected to de-certify from a constituent Union in the FBA are not entitled to access the lump sum set out in the Settlement Agreement.
  • 2. Where a constituent Union in the FBA has subsequently re-certified a bargaining unit, the employees are not entitled to access the lump sum set out in the Settlement Agreement.”

Read Vince Ready’s June 13, 2008 award.