- How does taking a strike vote help with bargaining?
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The goal is to pressure the employer to get back to the bargaining table and negotiate a fair deal.
For the past two rounds of bargaining with Good Samaritan, HEU members have taken strike votes to send a strong message that the employer needs to return to the bargaining table and work towards a fair deal. Only when a strike vote was taken have Good Samaritan bargainers been compelled to achieve a deal.
- Does a strike vote mean we are walking off the job?
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Our strong “yes” strike vote means members are willing to take job action, up to and including a full strike.
But there are many levels of job action workers can take before they “go out on strike.” Job action can include:
- overtime ban
- working-to-rule
- targeted strike
- rotating strike
- creative and disruptive job actions
- a full strike
Your bargaining committee does not expect to take an overtime ban or work-to-rule job actions in this dispute.
- Who decides when job action begins or escalates?
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The bargaining committee members and HEU leadership make this decision, after members have given them an affirmative strike vote.
- What happens if the employer won’t negotiate?
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When collective bargaining breaks down, the union may apply to the Labour Relations Board to mediate the dispute between the parties. A strong strike vote backing your bargaining committee is an important tool at mediation.
- Can we be ordered back to work?
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Being ordered back to work is unlikely in this dispute. We expect government to recognize our rights to collective bargaining and the right to strike.
- Can the employer bring in replacement workers?
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No, this is illegal under the BC Labour Relations Code.
How does a picket line work?
- Who can cross a picket line?
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- essential workers with badges
- emergency vehicles
- deliveries of blood and oxygen
- doctors, patients, families and visitors
- food supplies
- any other person or delivery required for the continued essential operation of the facility.
Any other deliveries may not cross the picket line but may be dropped at the line and taken in by excluded managers.
Deliveries that have been inspected and approved by the Union should be picked up by management.
- What if someone tries to cross a picket line without permission?
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The Picket Captain is responsible for recording and reporting any violation of the picket line.
You can help the Picket Captain by noting any details about the person or vehicle crossing, and names of witness who observed them crossing.
Any HEU member, unless designated as an essential services worker, who crosses the picket line is subject to discipline by the union.
Members on the picket line should be well-informed about who is allowed to cross and why the line is there, and try to engage the person in calm conversation if possible.
Do not try to physically stop them or otherwise put yourself at risk.
- What if workers from other unions or community-based care nurses come to the site and want to cross the picket line?
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The HEU Essential Services Scheduling Committee is responsible for scheduling all workers at the site. Essential services levels have been established together with the employer, and these will determine if outside workers are permitted.
Other unions will be informed of the strike, and will work with HEU to ensure only essential workers come on-site.
- Will there be an HEU staff person to support us during the strike?
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An HEU staff person will be assigned to each strike headquarters. They will be on-site or reachable via phone at any time.
How strike pay works
- Do we get strike pay?
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If the job action requires you to stop work, you will receive strike pay of a minimum of $500 a week.
To be entitled to this pay, a member must fulfill at least 20 hours of strike/job action or picket line duties spread over five shifts or equivalent.
If the job action is not continuous, or doesn't last for 20 hours, strike pay may be pro-rated and based on the actual hours you have participated.
Members who are entitled to strike pay will receive an additional $50 per week for each dependent. See next question for information about dependents.
You do not have to do strike support work, but if you don’t, you won’t get strike pay.
- How are dependents defined?
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A dependent is defined as a person without any taxable income who is totally reliant on the member for financial support.
In other words, if there is another adult living with the family who provides financial support, or if there are child support payments from an ex-spouse, the policy would not apply.
- Can more than one striking member in the same family claim dependent pay?
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No, only one member can claim.
- Do I have to walk a picket line to get strike pay?
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You are entitled to strike pay if you fulfill at least 20 hours of strike support work. This could include serving on a strike committee, organizing a study session, or other tasks.
The strike committee will direct you to where you are most needed. You must accept any duties, including picketing, that the committee asks you to, in order to get strike pay.
- Do I have to picket on my day off?
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It isn’t required, but it is appreciated. And if you do, you will get strike pay for that day.
- How many hours a day do we have to picket?
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Usually members picket four hours a day over five days. But you can speak to the strike committee to arrange a different schedule.
- Do I have to picket during my usual scheduled shift?
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No, you can sign up for picket duty during any shift.
- What if I am on vacation or sick leave when we go on strike?
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All pre-approved leaves continue (sick leave, vacation etc.) as if it were business as usual. These members will receive their regular paycheques.
- Can I be fired or disciplined by my employer for taking part in job action?
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This is unlikely. Your collective agreement protections and grievance procedure continue to apply to members on strike.
- Can I collect EI if my union is on strike?
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No.
- What if I get sick during the strike? Can I take a paid sick day during job action?
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No.
- Is there a waiting period for strike pay?
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No, payments begin with the first day of any authorized job action, but cheques cannot be processed until after the first week.
- Is strike pay taxable?
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No.
- Is there any difference between “strike action” and “job action”?
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No, they are both eligible for strike pay.
- How do I claim for strike pay?
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You will be required to sign in at the Strike Headquarters and will be issued with a job action/strike picket card.
- Is it mandatory to supply my social insurance number on the job action/strike picket card?
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No, it is not compulsory but the strike pay program, which is used to generate the strike cheques, uses your social insurance number and it speeds up the payment process. If you do not wish to disclose your number, a temporary social insurance number will be provided for you.
- Can I do essential service work and still receive strike pay?
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Yes, in fact we encourage essential service workers to participate in job action activities when they are able.
- Are casuals and part-time members eligible for job action/strike pay?
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Yes, any member who loses wages as a result of the job action is eligible for strike pay, provided they fulfill picket duty requirements.
- If our job action is not continuous or doesn’t last for twenty (20) hours, am I disqualified?
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No, the strike pay will be pro-rated and based on the actual hours that you have participated or picketed.
- Can members receive strike pay at multiple locals or sites?
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Yes, if they work at and participate in job action at each local.
- Can regular part-time or regular full-time members get strike pay if they are on scheduled days off from their job?
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Yes, any member can get job action/strike pay as long as they participate in the job action and complete their assigned job action duties.
- Do I continue to accumulate seniority while on strike?
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Regular full-time and part-time employees will accrue seniority as if they were at work.
About essential services
- What are essential services and how are they determined?
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B.C.’s Labour Relations Code requires the union and employer establish essential services that maintain minimum staffing levels, to ensure patient/resident safety before beginning any job action.
Essential service levels are very high in the health care sector. As a result, most members will continue to work during any kind of job action.
- Do we have to go down to essential services levels for all types of job or strike action?
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No. Essential services levels depend on the type of job action we decide to take.
- How do I know if I am providing essential services or not?
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When we start job action or strike action that require essential services levels, HEU has the responsibility to schedule you and your co-workers.
The union will have the right to carry out on-site inspections during a strike to make sure that only essential or emergency services are being provided.
Qualified non-union supervisors and managers may be required to work up to 60 hours per week before bargaining unit members are scheduled.
- Will my regular shifts will be considered when I am assigned to essential shifts?
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The committee will consider the qualifications of the workers and assign the shifts based on the seniority list.