Standing up for Members’ Privacy at ICBC

Your Union office has been very busy lately responding to concerns regarding Shepell.fgi as the Employees Assistance Plan Provider for members at ICBC.

We have three grievances headed to arbitration on this matter, centred specifically on concerns surrounding:

• a 3rd party care management company to adjudicate sick leave
• protection of your personal medical information
• Shepell as EAP provider

When ICBC cancelled the services of Interlock, the Joint EAP provider, the Union grieved the matter. On October 19, 2009 ICBC acknowledged the violation and reinstated Interlock.

However, ICBC still retains the services of Shepell.fgi as an EAP provider. We are in the process of filing a grievance alleging that ICBC has violated the Collective Agreement by running a parallel EAP program that basically undermines the Joint EAP program as provided for in the Collective Agreement.

Medical Privacy, Sick Leave forms (HR 187), and medical notes

ICBC advised COPE they will be using a new Sick Leave form, known in ICBC as an HR 187. It is our position that the new form asks for private and personal medical information that is well beyond that which is permitted in the Collective Agreement.
We consider this a breach of members’ privacy rights and we are seeking a cease and desist order from Arbitrator Burke.
The Union’s preliminary application for a cease and desist order can be read on our website at www.cope378.ca.
We urge everyone to read the submission for a full explanation of the serious issues involved. We have asked Arbitrator Burke for a decision before Nov. 1.

Adjudication of Sick Leave and applying for Sick Leave

ICBC claims that they are not and will not be asking members to apply for sick leave and are not and will not adjudicate sick leave. To date, the Union office has received calls and/or letters from members which indicate otherwise, and are of great concern:

• A member’s 13 year old daughter was grilled about her mother’s illness and whereabouts when she answered the phone and while her mother was at the doctor’s office.

• Excerpt of a letter received from one of our members:
  “I am writing further to our letter to you of September 29, 2009 in which we directed you to provide sufficient medical information for us to determine whether your current request for sick leave benefits is supported by a bona fide illness or injury. The medical note you have provided to substantiate your claim does not provide us with any information as to why you require a full month of sick leave benefits.
  ..........As a result, your sick leave benefits will be terminated as of Tuesday, .......2009 until such time as you comply with our reasonable request for medical information to substantiate your current absence. If you fail to comply with our requirement for the medical information, or the medication information does not support your request for sick leave benefits, your benefits will be terminated on ........”

• Excerpt of the new job:
  “Disability Management Specialist General Accountability
  Provides consultation and advice to management and other HR departments on disability management and duty to accommodate cases. Adjudicates sick leave claims, handles contentious return to work cases, and represents ICBC on WCB claims and appeals.”

Very clearly, the Corporation is, in fact, attempting to adjudicate sick leave. In the process, the Corporation, via Shepell.fgi, are committing violations of members’ privacy, and infringing upon the provision of the Collective Agreement.

Why does this matter?

Because we are very concerned about the services provided by Shepell, and about the direction the Corporation is heading in. Concerns about members’ privacy and ICBC’s direction and attitudes towards sick leave have been flagged with the Corporation’s insistence on using Shepell.fgi. In particular, we are concerned that ICBC’s reason for using Shepell is to attempt to adjudicate sick leave.

These matters are currently scheduled for Arbitration.