"The key rationale underlying the Board’s dismissal of BCNU’s certification application was not punitive in nature but was based on the objectives of deterrence and the protection of the public.” — The Honourable Madam Justice Morellato, Supreme Court of BC
Vancouver (09 March 2017) — On March 3, the Supreme Court of BC dismissed an application from the BC Nurses’ Union (BCNU) for judicial review related to their failed raid application on Registered Psychiatric Nurses (RPNs) at Royal Inland Hospital in 2014. In a judicial review, a Supreme Court judge reviews the decision that has been made by an administrative tribunal, in this case the Labour Relations Board (LRB).
BCNU application for certification rejected by Supreme Court of B.C. for the "protection of the public"
The LRB ruled that BCNU had put patients and RPNs at risk by engaging in workplace raiding activity in direct violation of the Labour Relations Code when a professional BCNU staff organizer entered a locked psychiatric unit to engage in raiding activity.
The original LRB panel found that the presence of BCNU organizers was evidence of unacceptable danger to vulnerable members of the public. The Supreme Court of B.C., in dismissing BCNU's application, affirms the original decision.
In the court’s March 3 decision, The Honourable Madam Justice Morellato wrote, “The key rationale underlying the Board’s dismissal of BCNU’s certification application was not punitive in nature but was based on the objectives of deterrence and the protection of the public.”
HSABC/NUPGE applauds Labour Board for prioritizing safety of the public and workers
Val Avery, President of the Health Sciences Association of B.C. (HSABC/NUPGE), applauded the Supreme Court of B.C.’s decision and its dismissal of every BCNU argument put before the court.
“HSABC RPNs have been subject to aggressive poaching activity from paid professional BCNU organizers for 5 consecutive years now. The BC Labour Relations Board issued an unprecedented decision, that by dismissing a BCNU raid application, it prioritizes the safety of the most vulnerable members of the public and the right to a safe workplace for our members," said Avery.
HSABC/NUPGE is committed to the principle of organizing workers not yet unionized while continuing to defend our members and protect the rights of RPNs to have an independent union that recognizes and stands up for their unique specialization.
The National Union of Public and General Employees (NUPGE) is one of Canada's largest labour organizations with over 370,000 members. Our mission is to improve the lives of working families and to build a stronger Canada by ensuring our common wealth is used for the common good. NUPGE