Mandated time over you status! What can I Do?

NurseDennie, BSN, RN · Oct 30, 2001

Hi -

I've never worked in an acute care setting where they mandated overtime. And I've always worked the 12 hour shifts when I was floor nursing. I hated that 11th and 12th hour each day, but I sure did enjoy the days OFF. Of course, after three 12's in a row, you need one of them just to recuperate!

As far as mandatory overtime, I don't see how your facility could legally mandate overtime. I know that as far as administration is concerned we are actually equipment, BUT we have a right to refuse to jeopardize our licenses and our patients. I personally know that I could not work to 11p and then work another shift beginning at 7a. It wouldn't be safe! I'd document the heck out of it and simply refuse.

As far as working holidays and such, I guess nursing school drummed into me that nurses work these. I didn't mind until I started getting more seniority and still was working all the holidays. Small things like the Monday holidays started irritating me first. On those "minor" holidays, my hubby and children would be home and I'd be at work.

The problem on that floor was that the nurse manager and the charge nurse pretty much had stopped even *pretending* that they were being even-handed about the assignments. It would have been fair if the schedules had stayed the same around major holidays, but they never did. And you knew that the later the schedule was posted, the more heinous the "crimes."

I went to my nurse manager and told her that I'd work Thanksgiving and I'd work New Years Eve and New Years, but that surely *some* nurse on the floor could be scheduled off on Christmas Eve AND Christmas, and I was respectfully requesting that it be me!! And I got it. I had an ulterior motive - the worst days and nights of my entire nursing career have been on Christmas Eves and Christmasses.

Love

Dennie

-jt · Nov 1, 2001

Staten Island RNs & NYSNA ABOLISH Mandatory OT

Hospital agrees to a 16-percent raise and the ABOLISHMENT of forced overtime -

Friday, October 12, 2001

SI ADVANCE STAFF WRITER

After nine months of grueling -- and sometimes nasty -- negotiations, Registered Nurses at Staten Island University Hospital, represented by the New York State Nurses Association, have approved a three-year contract -- the first in this borough to prohibit the fiercely contested practice of mandated overtime....

Under the new contract, which has a retroactive start date of April 1, the hospital will increase nurses' salaries by 16 percent over the three years, fill roughly 80 more full-time positions and pay up to $4,000 each year in health care coverage to retired nurses....

Both hospital management and officials from the New York State Nurses Association (NYSNA), the union representing the 840 Registered Nurses (RNs) at the facility, were relieved by the contract agreement, which was passed by an overwhelming majority of RN union members. Neither side wanted more protests or all-night bartering sessions and both repeatedly claimed patient care was their first priority......

"We had 27 sessions," said Bernadette Bellantoni, a SIUH Registered Nurse and a member of the union negotiating team. "I think it's a decent and fair contract, it's something to build on." ......

The biggest victory for the nurses, the prohibition of mandated overtime, goes into effect in February, giving the hospital time to recruit staff RNs and fill some of those 80 full time positions. Abolishment of mandatory overtime was won after a long and hard-fought battle in which the union considered, but never actually voted on, striking.......

Hospital officials had said until now that a nursing shortage made it impossible to eliminate mandated overtime. They ultimately then concluded that ENDING the practice would HELP in recruiting more nurses.......

"It's difficult to abolish mandated overtime and maintain appropriate staffing levels," said Anthony Ferreri, the recently hired executive vice president for the hospital. "[but] the idea here is to make the hospital a more attractive employer to bring in more nurses." ........

As commonly occurs when one group of RNs is successful in their contract negotiations and gains improvements at their facility, there may be an impact on other facilities in the area to up their standards or risk losing their own staff to the facility that has made the improvements. Many observers said the new mandated overtime provision will pressure Saint Vincent Catholic Medical Centers, Staten Island Region, which has also been involved in bitter negotiations with nurses, to do the same. Nurses at St Vincents are also represented by NYSNA, but hospital officials would not comment on the issue......

The unpopular and fiercely opposed practice of mandated overtime, in which a nurse could be forced to work back-to-back, eight-hour shifts or more, with little notice, has been criticized as "exhausting" and "unsafe." The prohibition, the union said, will improve working conditions across the board and allow for more bedside care........

"After so many months of being stubborn, the hospital administration realized that they need to make some changes if they want to attract more nurses and be competitive," said Mark Genovese, a spokesman for NYSNA........

Though rarely used in the past, mandatory overtime has existed for decades, but hospitals all over the country have relied on it as a staffing measure more in the last two or three years, since the beginning of a nursing shortage........

"Our goal was to improve patient care and to do that we need to improve recruitment and retention," said Patricia Kane, a Registered Nurse in the SIUH heart surgery tower and a member of the negotiating team........

Mrs. Bellantoni, RN, who has worked at the hospital for 22 years, agreed and said negotiations accelerated after the Sept. 11 terrorist attack and cooperation among the two sides became a more pressing concern.........

The only exception to mandated overtime is in the event of a disaster such as last month's. (Interestingly, no RNs had to be forced to work extra shifts at that time - they volunteered.).....

"You are not selling apples and oranges," said Mrs. Bellantoni. "You are taking care of lives. We want to leave feeling that we did our jobs well, and you need the numbers of nurses to do that." ......

The average base salary for nurses at University Hospital will increase by 16 percent to $55,000 per year by 2003, not including differentials for evening/night shift, experience, certification, or education. All nurses will get an 8-percent raise this year, and a 4-percent increase for the next two years.........

Management also agreed to fill 80 full-time slots and hire more float pool nurses to substitute when others call in sick. The union conceded on this issue and agreed to a more lenient hiring timeline..........

Several other contract provisions, including extending to 22 years the period of time a nurse is eligible for a raise, were also added. Previously, raises were capped and stopped after 20 years.........

Both sides said they were pleased with the final product and hoped the new contract would solve some of problems at the institution........

"Of course this isn't like waving a magic wand and making everything OK," Genovese said. "Now the real work begins."

Used with permission.

http://www.SILive.com

Terrie · Nov 7, 2001

The unit meeting came and went. They did not mandate over time, 12hr shifts and they will not schedule us over or status. Too many people said they would walk if they did.

It is also under investigation because our mother hospital knew nothing about it until I emailed the vice president of human resources at the big house.

We won this time:p

betts · Nov 7, 2001

To All: It depends on the State your in as too labor laws

FAQ # 1 If an employee believes he has been terminated unfairly, does he have a legal right to challenge the termination?

Virginia is an employment-at-will state; this means the employer may terminate any employee at any time, for any reason, or for no reason. As a general rule, therefore, the employee has no right to challenge the termination or request a hearing. There are a few very limited exceptions. For example, an employee may not be discriminated against or terminated because he has filed a safety complaint or exercised his rights under OSHA law.

Section 40.1-51.2:1. Also, federal law protects employees from discrimination because of age, race, sex, religion, national origin or handicap.

...Virginia's Labor Law

betts · Nov 7, 2001

FAQ #3 Does an employer have to provide employees breaks or a meal period?

No, unless the employee is under the age of 16.

FAQ #4 Are there any restrictions as to how many hours an employee can be required to work or when he may work?

No, not after an employee attains his 16th birthday.

FAQ #2 deals with whom handles discrimination cases but, as you see, Virginia has Archaic Labor Laws.

I was recruited from Indiana and brought here too Virginia as a DON for a large corporation (MFA) where I was too ready a facility that was adding 60 beds to existing 60 beds. I was a DON in Indiana for 7years at a 134 bed LTC with 60 bed lock-down alzheimers unit. They had also recruited and relocated a unit manager from Alabama for the facility but, neglected to give her the position. I dealt with 4 interim administrators and that isn't easy. They all have different ideas as too how a facility should be run. Anyway, I decided to give the Alabama Nurse her do and ended up butting heads with Administration about her. Subsequently, I was let-go because the then interim administrator didn't fill that I could run a 120 bed SNF. I was totally dumbfounded!!! It all boiled down too me giving her the chance. I was given no notice, no time before leaving and have no rights here to contest my dismissal. The Alabama Nurse didn't get the position and has given her notice.

Why is it that Corporate can enforce a 15 day non-exempt, 30 day exempt notice from nurses yet give none? It was the Corporate VP that interviewed me, checked my employment history, and okayed my relocation yet when I called and spoke with him, he acted like he never heard of me. It seems too me that its Corporate that's our problem. If they refuse too allow us to do what they hired us for and refuse to back our decisions(we are the one's dealing face to face with patients/clients), then I have to ask why are they in this business? Nursing needs Lobbyist and we need too email our government and let them know just how we feel. That's alot of mail that can't be ignored. It all boils down too what we've seen since the terriost attacks; AMERICA...UNITED WE STAND!

Terrie · Nov 7, 2001

betts,

have you wrote or emailed your government?

betts · Nov 7, 2001

Terrie,

Yes, too all reps for my area as well as Federal and I was told that in Virginia that their wasn't anything I could do.

Terrie · Nov 8, 2001

How do we go about making people listen. Do we all have to become union???????

Terrie · Dec 6, 2001

They won as of Dec 17th I go to registry which is the same as agency but I only work for the community hospitals that are in the system of my choice. Do my own schedule pick my hours and I have a boss that listens. Thanks to everyone.