OTFT Standardization of Overtime
Did You Know...the Employer’s approach to payment of Overtime to OTFT SUN members is in breach of the Collective Bargaining Agreement and The Saskatchewan Employment Act?
The Saskatchewan Health Authority (SHA) has announced it will be standardizing payment of s. 8.02(b) Overtime to OTFT employees. That “standardization” will include:
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Requiring SUN members to track and identify when they are in a position that hours to be worked may be in excess of normal full-time hours;
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Not paying the double time Overtime premium to SUN members until the pay period following the pay period immediately after the applicable Overtime Averaging Period, unless the SUN member completes an submits a Request for Overtime Payment Form
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Ignoring the bi-weekly Overtime Averaging Period for SUN members working 8-hour shifts
The Saskatchewan Union of Nurses (SUN) has advised the SHA that its “standardization” policy constitutes a breach of the collective bargaining agreement and The Saskatchewan Employment Act including in the following ways:
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It is not the responsibility of a SUN member to identify when they may be in a potential overtime position and whether or not a SUN member has identified a potential overtime position cannot have any effect on whether s. 8.02(b) Overtime is paid;
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SUN members working 8-hour shifts have a 2 week (bi-weekly) averaging period for the purposes of calculating overtime; and
Section 2-33(1)(a) of The Saskatchewan Employment Act requires the SHA, as an employer, to pay the total wages owing to SUN members (which includes overtime) not more than 6 days after the last day worked included in the given pay period.
What is SUN doing:
- SUN had advised the SHA that policy grievances will challenge the standardization policy.
- SUN is exploring whether an Employment Standards complaint and may be recommending a complaint be filed by affected SUN members.
What should you do:
- While SUN believes the SHA’s actions are improper – SUN is recommending that its members follow the “obey now grieve later” rule of labour relations;
- Keep records of any interaction you have with the standardization process, including records of any overtime hours worked and pay stubs showing when you were paid. As well, keep copies of any forms submitted;
- Provide copies of your records and documents to your Local President;
- Talk with your co-workers to ensure they are aware of their rights.
Be informed, be engaged, identify issues, organize, speak up and speak out!
Mutual Shift Trades
Did You Know...Employees are being denied the ability to trade shifts with another Employee as per Article 7.13, even though it is a “shall” clause. In addition, the Employer has unilaterally determined that requests for a mutual shift trade should only be submitted within the 42 day provisional schedule.
Recently, Saskatchewan Union of Nurses (SUN) learned the Saskatchewan Health Authority (SHA) has been denying SUN members access to mutual shift trades unless the shift is traded with someone who is “exactly” the same – for example; charge ready or has the same certifiable skills. In addition, the SHA has unilaterally determined that SUN members should only submit the mutual shift trade request within the provisional forty-two (42) day provisional schedule.
SUNs position is it is the Employer’s responsibility to orientate and train sufficient staff for the assignment of charge and/or certifiable skills. “Capable of undertaking the same or similar work” means another SUN member working as a general duty registered nurse on the same unit not including other assignments. There is no time limitation on submitting the request and advising the Employer of the mutual shift trade. The only forty-two (42) day requirement is that the traded shift(s) must be worked within forty-two (42) days of each other.
What is SUN doing:
- Grievances have been filed in former RHAs where mutual shift trades have been inappropriately denied
- Grievances have been filed in former RHAs where mutual shift trade requests are not being reviewed when the requests are submitted
What should you do:
- If you are being denied your mutual shift trade contact your Local President and SUN Employment Relations Officer
- Keep a copy of your denied mutual shift trade request
- Document the situation
- Secure a copy of the work schedule
- Talk with your co-workers to ensure they are aware of their rights.
Be informed, be engaged, identify issues, organize, speak up and speak out!
Named Day Replacements
Did You Know...Employees are being denied the ability to access named day replacements as per Article 17.02 (a), even when an Employee has provided the name of a qualified replacement who agrees to cover off the period of the leave. In addition, the Employer has unilaterally determined that requests for a mutual shift trade should only be submitted within the 42 day provisional schedule.
Recently, Saskatchewan Union of Nurses (SUN) learned the Saskatchewan Health Authority (SHA) has been denying SUN members access to named day replacements even when an Employee has provided the name of a qualified replacement who agrees to cover off the period of the leave. The Employer has indicated that the named day replacement must be someone who is “exactly” the same – for example; charge ready or has the same certifiable skills. In addition, the SHA has unilaterally determined that SUN members should only submit the mutual shift trade request within the provisional forty-two (42) day provisional schedule.
SUNs position is it is the Employer’s responsibility to orientate and train sufficient staff for the assignment of charge and/or certifiable skills. “Qualified Replacement” means another SUN member working as a general duty registered nurse on the same unit not including other assignments. There is no time limitation on submitting the request and advising the Employer of the named day replacement-it is a “shall” clause.
What is SUN doing:
- Grievances have been filed in former RHAs where named day replacements have been inappropriately denied
- Grievances have been filed in former RHAs where named day replacements requests are not being reviewed when the requests are submitted
What should you do:
- If you are being denied your named day replacement contact your Local President and SUN Employment Relations Officer
- Keep a copy of your denied named day replacement request
- Document the situation
- Secure a copy of the work schedule
- Talk with your co-workers to ensure they are aware of their rights
Be informed, be engaged, identify issues, organize, speak up and speak out!
Cautionary Hire List
A “cautionary hire” list exists and may impact you when applying for positions.
The Saskatchewan Health Authority (SHA) has confirmed that a “cautionary hire” list exists and is used in the recruitment process. This list “flags” some SUN members when they apply for positions, warning Managers to further review the candidate. A “cautionary hire” list could prevent SUN members from being offered positions for which they are qualified.
The SHA has told SUN that any decision to offer a position to a SUN employee is made subject to Article 27.04 Selection Criteria and other relevant provisions of the Collective Agreement.
What SUN is doing:
- SUN has advised the SHA that we are concerned but will not be filling out a grievance at this time.
- This does not equal a waiver of the right to grieve in the future. SUN will look at examples of the effects of this list if cases occur.
What you should do:
- Keep all records of applications you have submitted but did not receive an offer.
- Ask questions about why you haven’t received an offer. Keep this communication for your records.
- Provide copies of your records and documents to your Local President.
- Talk to your co-workers about the “cautionary hire” list.
Be informed, be engaged, identify issues, organize, speak up and speak out!
Developing Work Standards
SUN has learned that some Saskatchewan Health Authority (SHA) management are attempting to develop work standards to resolve staffing difficulties in some facilities/units.
In some cases, SUN members are being asked to participate in the development or review of work standards. SUN members should not do this work as it is the work of the Employer. By participating in this process, members are putting their rights at risk.
While SUN and SUN members care about patient safety, proper staffing is the responsibility of the Employer. The Collective Bargaining Agreement provides many ways for Employer to ensure proper staffing. SUN members should not agree to participate in the development of work standards -- doing so may compromise your rights and the terms of the Collective Bargaining Agreement.
What SUN is doing:
- SUN has advised the SHA that it is the Employer’s responsibility to ensure proper staffing, and reminded the Employer there are mechanisms within the Collective Bargaining Agreement to ensure proper staffing;
- SUN has advised the Employer that is does not support the creation of work procedures regarding staff replacement; and,
- All Employer-created work procedures must follow the Collective Bargaining Agreement.
What you should do:
- If you are approached by the Employers to agree to a work procedure regarding staffing shortages, contact your Local President and SUN Employment Relations Officer;
- Advise the Employer to communicate with SUN Provincial;
- Do NOT enter into any agreement directly with the Employer regarding staffing shortages and do NOT negotiate work procedures with the Employer;
- Document the situation; and,
- Talk to your co-workers to make sure they know their rights.
UPDATE September 16, 2019
In response to the Employer asking SUN members to develop work standards, on Sept. 5 SUN sent out a “Did You Know?” communication that has raised many questions among our members. Members are asking if and how SUN members should participate in the development of work standards.
To respond to these questions we have developed the following clarification:
As members of the interprofessional team, registered nurses should continue to be involved in identifying and solving issues on their units and in their workplaces. SUN members should feel free to assist, make recommendations, and provide feedback on the development of work standards, policies, procedures and protocols in the normal course of their duties.
However, development of work standards, policies, procedures, and protocols remain the ultimate responsibility of the Employer and the out-of-scope management team. SUN members do not and should not hold this ultimate responsibility but instead assist and make recommendations to the Employer. Any SUN member who assists and provides input into the development of work standards, policies, procedures, and protocols must be clear that they are not assuming responsibility for out-of-scope management roles or Employer obligations.
All work standards, policies, procedures, and protocols must be compliant with the Collective Bargaining Agreement.
Be informed, be engaged, identify issues, organize, speak up and speak out!
