Wow, I really appreciate all the responses.
I've contacted my union representative, who has met with management, but they didn't come to an agreement as to if this article in the contract applies to employees with four hour shifts. It's most likely going to greivance.
My intention wasn't to make things worse for anyone in the department; only to be compensated fairly according to the contract. In all honesty, the four hour shifts in this department will most likley always be around. The department (dietary) is made up of mostly college students who work only in the evening. The management has always had a problem with keeping the department adequately staffed during thie evening, so I hear.
Below I've provided the article regarding Hours of Work and Overtime from my union contract for those of you who want to see it in its original form. I got the information I posted originally from section (I), part 2. The parts listed as "Mercy" apply to me. Sorry for leaving this information out.
Thanks again everyone.
###
ARTICLE 10
HOURS OF WORK AND OVERTIME
(A)(1)
WORKWEEK AND OVERTIME (Abbott, PEI, United only) -The regular pay period
shall be eighty (80) hours. Eight (8) hours shall constitute a day's work to be completed
within nine (9) consecutive hours. If an employee works in excess of eight (8) hours per
day, or in excess of eighty (80) hours in a two-week pay period, overtime at the rate of
one and one-half (1-1/2) times the employees regular straight-time hourly rate shall be
paid for such hours. PTO hours and frozen sick leave hours shall be considered as hours
of work for overtime purposes. An employee who works in excess of twelve (12)
consecutive hours shall receive double time the employee's regular straight-time hourly
rate for such excess hours.
If an employee is scheduled to work more than seven (7) consecutive days, such
scheduled days will be paid at time and one-half (1-1/2). After the schedule is posted, an
employee may request to work more than seven (7) consecutive days. Said employee
shall be paid at regular straight time pay unless the extra shift is in addition to eight (8)
hours worked in a day or eighty (80) hours worked in a two-week pay period. The
Employer and employee may mutually agree to a schedule of more than seven (7) days
without overtime when it meets the mutual interests of both parties.
If an employee volunteers to work on his/her scheduled day off, the employee will be
paid at his/her regular rate of pay unless the extra shift is over eighty (80) hours in a twoweek
pay period. If an employee is mandated to work on his or her day off, the employee
will be paid at time and one-half (1-1/2).
(A)(2) HOURS OF OVERTIME AND DAYS OFF – (Mercy only)
Eight (8) hours shall constitute a day’s work to be completed within nine (9) consecutive
hours. No employee shall work more than seven (7) consecutive days in a two-week
period. If an employee is required to work in excess of eight (8) hours per day, or in
excess of eighty (80) hours in a consecutive two-week period, or on any day scheduled as
a day off for such employee, overtime at the rate of one and one-half (1 ½) times the
employee’s regular straight-time hourly rate shall be paid for such overtime hours. The
preceding sentence notwithstanding, an employee required to work in excess of eight (8)
consecutive hours will be paid at the rate of one and one half (1 ½) times the regular rate
of pay for the first four (4) hours of such overtime and will be paid double time (2x) for
all overtime in excess of twelve (12) consecutive hours.
PTO and frozen sick leave shall be considered as hours of work for overtime purposes.
Employees may, with the approval of the Hospital and the employees, change their days
off with other employees in the same classification.
In any case where any employee is now working less than seven (7) consecutive days, no
such employee shall be required to work more consecutive days than are now being
worked by such employee, except upon payment of overtime at the rate of one and onehalf
(1 ½) times the straight time hourly rate of such employee for work performed on
the sixth (6th) and/or seventh (7th) consecutive workday as the case may be, where such
sixth and/or seventh consecutive workday is in excess of the number of consecutive
workdays now worked by such employee. This provision shall not apply to any employee
heretofore working a schedule including nonconsecutive days off who shall elect, under
the terms as hereinafter provided, to work a schedule providing for consecutive days off.
(B) SCHEDULING PATTERN - The general pattern of scheduling shall be such that all
employees shall have at least two (2) Sundays off per calendar month, together with a day
consecutive therewith, and two (2) consecutive days off during the alternate week. All
employees shall have an absolute, unqualified right to elect to work pursuant to the
general pattern of scheduling. Notwithstanding said right, an employee may, by mutual
agreement with the Hospital, elect to work a scheduling pattern providing for
nonconsecutive days off in the alternate week.
Where employees elect to work pursuant to the general pattern of scheduling, the
Hospital may schedule the Sundays off for such employee on the basis of either a
Saturday-Sunday or a Sunday-Monday combination. Where employees elect to work
pursuant to a scheduling pattern providing for nonconsecutive days off in the alternate
week, such employees shall have two (2) weekends (Saturday and Sunday) off per
calendar month.
The scheduled workweek need not correspond to the calendar week, and the pattern of
scheduling may be such that more or fewer than five (5) days of work are scheduled in one
(1) week, provided that not more than ten (10) days of work are scheduled in any two
(2) consecutive workweeks.
The scheduling provisions contained herein shall not apply to part-time employees
regularly scheduled to work forty-eight (48) hours or less in a two-week pay period.
(C) POSTING OF SCHEDULES – The hospital shall post work schedules at least fourteen
(14) calendar days in advance of the workweek.
(D)
SCHEDULING GUARANTEE - Where any department as a whole is now working
less than seven (7) consecutive days, the work schedule of such department shall not be
changed except by mutual agreement between the Hospital and the Union, except that
this sentence shall not apply to employees required for surgical emergencies.
(E) WORKWEEK SCHEDULES TO CONFORM NOTICES - Workweek schedules in
conformity with this Agreement shall be furnished to the Union within fifteen (15) days
of the execution of this Agreement. Any proposed workweek schedules shall likewise be
in conformity with this Agreement and shall be furnished to the Union at least fifteen
(15) days before the effective date of such proposed change.
If within such fifteen (15) day period the Union shall file written objections to such
proposed change with the Hospital, the effective date of such change shall be postponed
pending the submission of the objections to a Board of Arbitration consisting of one (1)
member selected by the Employer, one (1) member selected by the Union, and a third
member selected by the Director of the Federal Mediation and Conciliation Service. Such
third member shall serve as impartial chairman. The decision or award by said arbitrators,
or a majority of them, shall be final and binding upon the parties. Provided, however, that
the decision of the Arbitration Board to be final and binding must be served in writing
upon the parties within thirty (30) days of the originally proposed effective date of the
schedule change; otherwise, said decision shall be a nullity and of no legal effect, and the
Hospital shall have the right to effectuate said proposed workweek schedule. The expense
of the Board of Arbitration shall be borne by the parties equally.
(F) NO SPLIT SHIFTS - There shall be no split shifts; provided, however, the Union agrees
it will make exceptions in this respect on the basis of individual hospital negotiations.
Employees who agree to work with less than 12 hours between shifts due to hospital
need, including open shifts and available extra hours, shall be paid premium double back
pay at the rate of time and one half for the hours worked between the time of return and
the end of the 12 hour period. This provision shall not apply due to employees trading
hours or an employee initiated schedule change.
(G) OVERTIME SCHEDULING - Employees shall not be required to take time off in lieu of
overtime pay. To meet the above-scheduled hours, Sunday hours may be reduced. Work
hours on Saturdays and Sundays shall not be increased by reason of anything contained in
this Agreement.
(H) SENIORITY PREFERENCE - In the establishment of workweek schedules, the Hospital
shall give preference to employees in accordance with seniority as far as practicable and
consistent with proper hospital management. Employees who have 20 calendar years of
employment in the bargaining unit may have the opportunity for straight day shift and/or
no weekend shifts when that becomes possible. The employee will submit a written
request to his/her manager. When the opportunity to create such shifts occurs, the
employee and the manager will confer to determine the feasibility and impact of the
change on patient care, the work of the department, the effect on other employees, and
whether to proceed with creating the opportunity. If more than one 20 year employee on
the same unit submits a written request the opportunity will be offered according to
seniority.
(I) FLEXIBLE SCHEDULING - The Hospital and an individual employee may agree upon
a pattern of work schedules providing for work in excess of eight (8) hours per day. Work
schedules established pursuant to the provisions of this Section shall be subject to the
following conditions:
1. An employee shall have an opportunity to review the alternate work schedule or
schedules being considered prior to volunteering for flexible work schedules. The
employee may limit agreement to specific types of flexible schedules. The
Hospital shall retain written documentation that an employee has agreed to a
flexible work schedule and of the type of flexible schedule to which the employee
has agreed. An employee electing to work schedules under this Section may
revoke such election by giving the Hospital written notice of six (6) weeks or a
period of time equal to the length of time normally covered by the Hospital's
posted schedule of work hours, whichever is less.
2. The basic work period shall be forty (40) hours per week. An employee shall be
paid time and one-half (1-1/2) for work in excess of forty (40) hours per week
rather than the overtime provisions set forth in this Section. Further, even though
the total hours worked during a week may not exceed forty (40) an employee
working in excess of the employee's scheduled workday shall be paid at the rate
of time and one-half (1-1/2) for all excess time so worked, except that hours in
excess of twelve (12) consecutive hours in a workday be paid at the rate of double
time.
3. Evening shift differential shall be paid for all hours of the shift where 50% or
more of the hours are worked after 3:00 p.m. and before 11:00 p.m. Night shift
differential shall be paid for all hours of the shift where 50% or more of the hours
are worked after 11:00 p.m. and before 7:00 a.m.
(J)(1) EXTRA HOURS (Abbott, PEI, United only) - The Hospital shall post a sign-up sheet
prior to the posting of the work schedule whereby employees may indicate availability
for specific extra shifts within their classification. Extra shifts shall be granted on a
seniority basis first to employees on a non-overtime basis and then to employees on an
overtime basis. Extra shifts shall be granted as provided in this Section before using
temporary employees of outside employment agencies. Individual hospitals shall meet
with the Union to develop a policy that provides for the consistent application of this
section.
(J)(2)
EXTRA HOURS (Mercy only) Schedules shall be posted with known holes up to six (6)
weeks in advance to the start of the schedule. At the same time, an availability list will
be posted for five (5) calendar days. On the sixth (6) day, the availability list will come
down, the holes will be filled as outlined below and a new schedule will be posted.
In order to be eligible for extra shifts and in order to exercise seniority rights,
employees must sign the availability list.
Availability lists will be posted in each department. Nursing availability lists will be
posted in the staffing office, with the exception of Closed Units such as SARS, PACU,
Ambulatory Care, etc., which will post their own lists in their units.
Extra hours will be filled on the following basis from the availability list:
1. Non-overtime, most senior employee in a classification,
2. Overtime, most senior employee in a classification,
3. Non-overtime, most senior qualified employee outside a classification,
4. Overtime, most senior qualified employee outside a classification.
After filling extra hours from the employees signed – up on the availability list, the
Hospital will:
5. Award extra hours to whomever else will work within that job classification,
including those not scheduled to work that day or those who are scheduled to
work later on a later shift. (Seniority might not be a determining factor in the
number five (5.) because employees had the right to exercise their seniority
rights by signing the availability lists as outlined in numbers 1-4 above.)
There will be no more daily availability lists because same day holes as a result of sick
calls, etc., will be filled via the availability list and process as referenced above. Same
day calls to staffing personnel shall fall into number five (5) above and seniority might
not be a determining factor in awarding extra hours because seniority rights can only
be exercised by signing the availability list.
(K) GIVE AWAY SHIFTS - Employees may give away shifts without using PTO time as
follows:
• An employee may give away four (4) shifts per year
• An employee must have a work agreement of .5 FTE or greater
• The give away shift shall not create overtime for the employee accepting to work
the shift
• An employee accepting the shift must be qualified within the classification
• (Abbott, PEI, United only) An employee shall not give shifts to casual employees.
(L) INCREASES AND DECREASES IN WORK AGREEMENT - If a regularly scheduled
employee works above his/her work agreement for a minimum of six (6) consecutive
months, the employee may request a change in his/her work agreement. (The hours
worked above do not include unscheduled absences, PTO, leaves of absence, give away
shifts, and hours from posted but unfilled positions). These hours will be posted and
awarded by seniority. If the employee works below his/her work agreement for a six (6)
month consecutive period of time, management may reduce the work agreement after
evaluation and consultation with the employee. Low need days do not apply.
(M) DOCTORS’ APPOINTMENTS - With management approval, the employee will be able
to adjust his/her schedule to accommodate a doctors' appointment.
###
Would you like to comment?
