Last year the Hospital Employees Union (HEU) staged an illegal strike that shut down the province's hospitals and cost taxpayers $6.4 million. In those four days, the HEU's illegal actions also directly impacted 25,000 patients who had their surgeries or diagnostic procedures cancelled. However, the main casualties of the HEU's tactics-patients--had no voice and were left with no alternatives for their health care needs.

The Canadian Taxpayers Federation (CTF) subsequently offered to organize and initiate a class action suit on behalf of impacted patients against the HEU. The plaintiffs in the case had their surgeries or procedures cancelled during the HEU's illegal strike and are suing for lost wages, emotional anxiety and prolonged physical discomfort. If successful, the financial awards of the class action are expected to be small but significant nonetheless. The case marks the first time a government union will have to be answerable to the public for its actions.

Government unions wield an inordinate degree of power because they operate in a monopoly environment. If the union executive orders its members to stop performing their duties, for whatever reason, the end result and the intended result is for the public, taxpayers, to be without service. Here in BC, we have witnessed the use of such power on numerous occasions.

This is true of the HEU and our health system. Patients and taxpayers have no choice but to use state run hospitals and clinics for all their medical needs. Since, the HEU is the province's de facto provider of non-essential health services, if they stop performing their duties then the union is knowingly cutting off the public from all health services.

Contrary, to the claims of the HEU executive, the only reason the union went back to work was because it was threatened with substantial financial fines, it was not the union's altruistic concern for the patient. If the HEU had consideration for patients, they would have returned to work and invoked a work to rule campaign to protest the legislated contract.

However, the HEU chose to stay on the picket lines illegally and keep our hospitals closed.

Patients, who had already been on a waiting list for an MRI, hip replacement or biopsy lost their spot and had to get back into line. Many lost wages because they booked time off work and some had relatives fly in to help them recuperate only to learn too late that the surgery wasn't going to happen. All of these patients suffered emotionally and some experienced physical discomfort while waiting to be re-scheduled. The HEU's illegal actions were not victimless, patients paid the price and now they want to hold the HEU accountable.

The Health Employers Association were able to seek resolution with the courts for the union's illegal actions. In fact, the HEU was ordered to pay $25,000 to the health authorities that were most severely impacted. During those hearings, the HEU boss offered a full and unconditional apology to the court but failed to mention or even acknowledge the impact on taxpayers or patients. The class action suit is an opportunity for impacted patients to hold the union accountable and to have their voices heard.

Before the case could be filed, the plaintiffs first needed the Labour Relations Board (LRB) to declare the HEU's actions to be illegal. After almost a year of delays by the HEU, the LRB ruled that the strike was illegal and a writ of summons has been filed initiating the class action case. There are still a number of legal hurdles left to tackle before the case is certified as a class action, but the patients remain patient and their resolve strong.

It's time government unions listened to the tax paying public they are supposed to serve and stopped using us as a bargaining chip in contract negotiations.