Days after she was acclaimed for a second, three-year term as president of the 47,000-member B.C. Nurses’ Union in May, Gayle Duteil was diagnosed with breast cancer. After completing intense treatment, she was all set to go back to work this month.
Except she couldn’t because of “serious allegations” that have triggered multiple legal actions and investigations. And put Duteil on a forced administrative leave as the BCNU recently informed its members. Duteil has hired top labour lawyer Carman Overholt. She’s also filed complaints against the BCNU with the Labour Relations Board and the B.C. Human Rights Tribunal.
Oddly enough, the drama unfolding in the offices of a union known for its productive, scrappy battles with government and health employers, is nothing unusual insofar as the last four years are concerned.
Indeed, the union has undergone so much conflict and extraordinary upheaval that observers could only wonder how it could effectively represent the serious interests and problems nurses face on the job every day — daily cases of violence against them by patients and their visitors, for example.
Earlier this year, the union’s election process came under fire with charges of irregularities by a slate of candidates who later took their still-unresolved case to the Labour Relations Board. And last year, the BCNU faced an ironic test when 150 of its office workers — receptionists, mail clerks, labour relations officers, occupational health and safety officers — represented by two other unions went on strike for five months before a new collective agreement was reached. The strike meant management officers had to scramble to handle time-sensitive disciplinary issues, terminations and other matters normally handled by office staff.
The strike generated so much bad blood that it spilled out that workers were claiming bullying and harassment — tactics they said the BCNU would never tolerate by government and health employers. A bulletin for union members signed by Duteil at the time mentioned the need to rein in benefits and compensation, citing receptionist wages that were higher than what licensed practical nurses earned.
Then, only a few months ago, allegations against the former executive director, Gary Fane, surfaced, culminating in his departure and “amicable” retirement, along with no admissions of impropriety. Fane was accused of making unacceptable remarks conflicting with the union’s workplace policies. He had worked for the BCNU for 12 years.
Umar Sheikh, a former labour relations lawyer for the B.C. government, is now the CEO and executive director of the union. Sheikh left government four years ago to take a job as general counsel for the union. Given all the upheaval, his speedy ascension to the top post has been remarkable, if not necessary. The union starts bargaining for new contracts next spring, a year before the current, five-year contract expires.
“Well, it has been an interesting time, that’s for sure, and I can’t disagree with your assessment,” Sheikh said, referring to a reporter’s comments about all the ongoing drama inside the union.
Both Duteil, who lives in Osoyoos, and Sheikh, said they can’t discuss specific allegations but two arbitrators, Judy Korbin and Vince Ready, have been appointed to investigate and then issue a report.
“I can’t say who the allegations are from because we have to protect the integrity of the investigation. I can’t even say if they are from people who work for the BCNU,” Sheikh said. “All I can say is there are more than 10 and they are from different parties with different interests.”
The allegations against Duteil started to pour in while she was on sick leave, but Sheikh said they don’t necessarily relate to the period when Duteil was on medical leave. On Facebook and other social media sites, Duteil kept her colleagues updated regarding her medical treatment at the B.C. Cancer’s Agency’s Okanagan area facility, posting last week she can now put behind her: a partial mastectomy, multiple chemotherapy treatments, 22 doctor visits, six trips to the emergency department and 25 days of radiation.
Sheikh said there’s no question the timing of the allegations was unfortunate. “But there’s never good timing for something like this.”
Duteil said she couldn’t comment for this article because she’s preparing for her Labour Relations Board hearing and coping with lingering effects of radiation treatment.
Sheikh said Duteil and her lawyer have been given copies of the “nature of allegations and what is being investigated.”
“What I can say is that there are numerous serious allegations, and probably the great majority are outside of the timeline of any (medical) treatment.”
Asked if the action is like kicking someone when they’re down, he said:
“Certainly there has been a lot of support for her during her cancer treatment. We wish her nothing but the best. Sometimes it takes someone to be away for people to be comfortable to come forward.”
While Duteil is on leave, BCNU vice-president Christine Sorensen has been appointed acting president. Recently she met with Health Minister Adrian Dix to talk about pressing issues in the nursing field, including workloads and violence.
