As you know we have been advocating to government for some time that membership in HEABC should be voluntary. Although there have been indications of government support we still do not have a definitive decision. The moratorium of new members in HEABC continues in effect, so we have the dichotomy of some facilities being excluded from HEABC membership and others being mandatory members.
The issue of voluntary membership has to be decided by government by end of June 2009 if current HEABC members are not to be bound by the next round of negotiations. Facilities have to be removed from the Labour Board accredited bargaining list 9 months prior to the expiry of the current agreement.
With the timing of the provincial election and the time required for the new government and Cabinet to be established and address this issue, there is concern that a decision may not be finalized by June 30th. We are currently trying to get a definitive reading whether a decision will be made by that date.
We are however recommending that for those members that would wish to withdraw from HEABC and assume responsibility for their own human resource, labour relations and collective bargaining activities that they make an application to the Labour Board prior to June 30, 2009. We have attached a draft letter that would then be submitted to the Labour Board making an application for removal from the accreditation order under section 43(6) or section 142 of the Labour Code.
We hope that government will still finalize a decision on voluntary membership prior to the June 30 date, but should it be made after that date, the fact that an application had been made to the Labour Board within the required timelines may strengthen the arguments for approval.
There are as well some complicating issues regarding membership definitions (deemed member and applicant member) and notice provisions within the HEABC bylaws in order to be released from membership. A special resolution has been put forward amending HEABC bylaws to correct this inconsistency and will be voted on at the HEABC AGM.
We are advising all our members of our proposed approach regarding voluntary membership in HEABC. Don't send the letter to the Labour Board at this time but we will be issuing further directions within the next week. In the interim we want to definitively determine which members would plan to withdraw from HEABC membership. If you are prepared to apply for withdrawl from HEABC can you please confirm by return email by June 15 2009. We will likely schedule a meeting for those members to clearly outline the various intricacies involved in the application.
Should you have any questions regarding this process please feel free to contact me.
Ed Helfrich
CEO
