Job Action: Frequently Asked Questions

Job action, which may or may not include going on strike, is an action of last resort when the negotiations between the employer and union break down.  

HSA members and activists are involved in developing local plans, building local job action and communicating with the public as part of demonstrating our strength in bargaining. It is also a tremendous opportunity for members to show their commitment to fairness and justice. 

If you'd like to help at your worksite, please reach out to your steward team.

Do not cross a picket line. Call the HSA office for direction if you encounter a picket line at your workplace.

A strike is used only as a last resort during bargaining and HSA members take the process very seriously. Picketing is part of the process. Every HSA member is expected to respect a picket line, as sanctioned by HSA. This is true whether it is an HSA picket line or another union’s picket line.

In an ideal world, strikes would not be necessary. Employees and employers would meet at the bargaining table, discuss bargaining proposals based upon reason, justice and mutual respect. They would use objective data and negotiate a settlement. In reality, that is often what happens.

However, sometimes there are significantly different points of view about what is “reasonable,” “just” and “objective.” When that happens, settlements depend on strength and determination. No one “wants” to strike. But HSA members have taken job action in the past to assert fairness and respect for the value of our work.

We take job action when withdrawing our services is the only power left to us to achieve our bargaining demands. For job action to be effective, all of us must remember that we are the union. The union is not just the HSA Board of Directors or staff – it is each and every member.

Prior to taking job action, the membership must first have a “yes” vote to do so.  If a “yes” vote takes place, we are required under the BC Labour Code to give notice prior to taking any action. 

Job action can take many forms.  

It could start with the refusal to perform specific duties and escalate to an all-out withdrawal of everything but essential services.

Some different types of job action are:

Partial Withdrawal of Service/Work to Rule: Refusal of duties can exert considerable pressure on management if done with broad support from the membership and other unions. An example of this type of job action would be a refusal to do any duties that are not specifically part of your job description, like portering or clerical duties or paperwork.

A ban on overtime can also be effective. One of the advantages of this strategy is that members continue to receive their full salary, yet it places considerable pressure on the employer.

However, if these strategies go on for too long, they can lose their effectiveness.

Intermittent Withdrawal of Services/Rotating Job Action: In this type of job action, members withdraw their services for short periods of time. The main advantage of this strategy is that it is very difficult for the employer to plan effectively for it. An example of rotating job action is to withdraw services in one department one day, and then withdraw services in a different department the next day (while the first department goes back to work). This tactic creates confusion for the employer, but can also be confusing for the membership unless it is planned and executed carefully.

This strategy minimizes financial loss to HSA members and other unions’ members, yet puts effective pressure on the employer.

Targeted Job Action: Targeted job action involves the withdrawal of service at specific work sites.

Escalating Job Action: Escalating job action starts in one facility or one department and escalates as additional facilities or departments are added over time. One of the major disadvantages to this tactic is that members employed in the department that starts the job action will be participating for a longer period than other members.

Lockout: This is the only type of job action initiated by the employer. In this scenario, the employer prevents the members from working and receiving any pay, except for essential services. This tactic puts the onus for the job action on the employer and is usually not supported by the public. In the event of a lockout, the union is still obligated to provide essential services. 

Bargaining strategies can take various forms. Strategies change and evolve depending on the progress we are making at the bargaining table.

Campaigns are a particularly important tool in achieving our bargaining goals. Campaigns help to:

• Build solidarity among the union members,
• Create public awareness about the key bargaining issues, and
• Put pressure on the employer.

Most campaigns are initiated by union leadership and may include the following elements:

• Advertising
• A letter writing campaign
• Media activity
• Wearing stickers, buttons etc.

Some campaigns are initiated locally and are specifically designed to motivate the local membership and highlight their issues. This kind of campaign may include the following:

• Email bulletins
• Text message groups
• Other online collaboration platforms
• Chapter meetings
• Posters
• Solidarity actions (e.g. all members wearing the same colour on the same day) 

Prior to the start of any type of job action that involves the withdrawal of services, the union conducts a strike vote.

A strong, positive vote by the membership is crucial to demonstrate our commitment to our bargaining proposals. 

In the event that bargaining reaches an impasse – where negotiations come to a stop because it seems impossible to come to agreement on important matters – the HSA Board of Directors may call for a strike vote. Job action cannot commence until the majority of members who vote cast their ballots in favour of job action.

In order to accommodate the essential nature of our work, HSA members must adapt our use of strike action. Health care and community social service workers cannot conduct an “all out” strike where all members withdraw their services. 

Instead, HSA members are compelled to provide essential servicing staffing levels during a strike.  These levels are negotiated prior to the collective agreement expiring.  A strike or lockout in health care is controlled by legislation and essential service guidelines.

Yes, members who complete the weekly minimum number of hours of job action duty will receive job action pay. The HSA Board of Directors sets the rate of pay, as outlined in the HSA Constitution. 

The job action committee may assign alternative duties which are eligible for job action pay, e.g., child care, working at headquarters, scheduling essential services, etc.

The HSA Board of Directors sets the rate of job action pay, as outlined in the HSA Constitution. 

Any money received through working essential services will be deducted from job action pay claims. If weekly essential service gross earnings exceed the maximum weekly job action pay, the member will not be entitled to job action pay. However, members must still perform the weekly minimum number of hours of job action duty to be eligible to work essential services.

Members must complete the minimum number of hours of job action duty in order to receive job action pay and be eligible to work essential service shifts.

If you cannot picket, the job action committee may be able to accommodate you by assigning you alternative duties which are eligible for job action pay.

The union is required, by law, to negotiate essential services at each facility before job action begins. The rules governing this process are set out by the Labour Relations Board of BC, and define “essential services” as those services that are required to prevent an immediate and serious danger to the health, safety or welfare of the residents of B.C.

The term does not imply a judgement that any job or discipline is less important than those designated as “essential”.

Essential service levels are negotiated between the parties to the collective agreement and once essential service levels are established and an essential service order is issued by the Labour Board, the lead steward or job action co-ordinator usually organizes essential services at the local level with support from the HSA office.

Once established, there is a process whereby the levels can be amended by agreement between the parties if circumstances warrant it. For example, if a job action goes on longer than three or four days, levels may be revisited and adjusted with the involvement of the steward, the labour relations officer and the employer representative.  

Essential service levels are negotiated with the employer by HSA staff in consultation with local stewards. 

At this point we cannot share specifics, but HSA generally negotiates essential services levels similar to statutory holiday staffing levels. All essential service levels must be approved and issued by the Labour Relations Board. Levels will be provided to chapters if/when they become necessary for planning job action. 

The term “essential services” has a specific meaning in labour law. Essential services are those required to prevent immediate and serious danger to the health, safety and welfare of the residents of BC.  Providing essential services is meant to achieve a balance between allowing a union to have an effective strike and providing emergency services to the public.

If a job is declared “non-essential” this does not in any way imply a value judgment about the importance of the work. HSA negotiates essential services based on statutory holiday staffing levels on the basis that if these levels are safe over a four-day holiday weekend (e.g. Easter weekend), they should be safe during a period of job action.

Unlike the normal operation of a facility, the scheduling of essential services during job action is the responsibility of the union. This is a requirement under the law and HSA takes this responsibility seriously.

In addition to HSA’s responsibility to the public, we also have a responsibility to our members in the scheduling of essential services. Members suffer financially during job action. It is the responsibility of the local job action committee to ensure the available essential service shifts are assigned as fairly as possible.

It is always preferable to work with members to reach consensus about essential service shift scheduling; however, HSA has a responsibility to ensure that essential service shifts are appropriately staffed. If there is no agreement, the union has the obligation to schedule and staff essential services.

It is recommended that members on WCB/LTD or other income replacement do not picket and are not eligible for job action pay. This may jeopardize their claim.