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Extended tours LOU

LETTER OF UNDERSTANDING

BETWEEN

KINGSTON HEALTH SCIENCES CENTRE
(the “Hospital”)

AND

CANADIAN UNION OF PUBLIC EMPLOYEES, LOCAL 1974
(the “Union”)

Re: EXTENDED TOURS ARRANGEMENTS

The purpose of this Memorandum of Agreement is to vary certain terms of the Collective Agreement for the implementation, scheduling and discontinuation of an extended tour schedule. With the exception of specific variations set forth in this Memorandum of Agreement, all other conditions and terms of the Collective Agreement shall remain in force and in effect. It is understood that insofar as any provision of this Memorandum of Agreement is in conflict with any provision of the Collective Agreement, the provision of this Memorandum of Agreement shall prevail.

Introduction Process
Where it is requested that an extended tour arrangement be implemented within a classification within a department/unit, the Hospital and the Union agree to meet with the affected employees to discuss the request.

The following conditions must be met for the trial of an extended tour arrangement to proceed:

– a draft of the schedule for the classification in the department/unit is developed (either the traditional or 2D2N model) and posted in the work area; and

– a vote in favour of implementing extended tours, by secret ballot, with all employees working the schedule (both full and part time) in the classification in the affected unit/department eligible to vote; and

– the vote must be at least sixty percent (60%) of those eligible individuals casting a ballot in favour of an extended tour arrangement; and

– the cost to the Hospital of having the extended tour arrangement will be the same as for normal tour scheduling; and

– the Hospital agrees to the extended tour arrangement. It is understood that such agreement will not be withheld in an unreasonable or arbitrary manner;

Where the above conditions are met then the extended tour arrangement will be introduced until the end of the scheduling period closest to six (6) calendar months. Upon completion of the trial period a vote, by secret ballot, will be held to determine whether the employees want the extended tour arrangement to be maintained or discontinued. The extended tours will be continued when:

– at least sixty percent (60%) of those eligible individuals casting a ballot vote in favour of an extended tour arrangement; and
– the Hospital agrees to continue with the extended tour arrangement. It is understood that such agreement will not be withheld in an unreasonable or arbitrary manner; and
– the cost to the Hospital of having the extended tour arrangement will be the same as for normal tour scheduling.

If the employees vote to discontinue the extended tour arrangement the employees will work extended tours for one additional scheduling period during which time the Hospital will develop and post the new schedule.

Notwithstanding the above, a vote will not be held unless six (6) calendar months has elapsed from the date of the last vote on extended tour arrangements within the classification in the unit/department.

Discontinuation Process
Extended tours may be discontinued in a classification in a unit/department when;

– a vote in favour of discontinuing extended tours, by secret ballot, with all employees working the schedule (both full and part time) in the affected classification in the unit/department eligible to vote; and

– the vote must be at least sixty percent (60%) of those eligible individuals casting a ballot in favour of discontinuing the extended tour arrangement; and

– the Hospital agrees to the discontinuation. Such agreement shall not be withheld in an unreasonable or arbitrary manner.

OR

– the Hospital decides to discontinue extended tours because of:
– adverse effects on patient care; or
– inability to provide a workable staffing schedule, or
– other reasons which are not unreasonable or arbitrary.

When the notice of discontinuation is given by either party in accordance with the above process the parties shall meet within two (2) weeks of the notice or outcome of the vote, to review the request for discontinuation. Where it is determined that the extended tours will be discontinued, affected staff will be given sixty (60) calendar days notice before the schedules are amended. The Hospital will post the new schedule for the unit/department within thirty (30) calendar days of the decision to discontinue the extended tours.

General Scheduling Provisions

1. The normal extended tour shift length for full and part time staff will be eleven and one-quarter (11.25) hours, exclusive of a total of forty-five (45) minutes of unpaid meal time.

There shall be forty-five (45) minutes of paid rest time during the extended tour. The scheduling of the paid and unpaid time shall be determined by the manager after consulting with the affected employees.

2. Overtime shall be payable at the rate of one and one-half (1 ½) times the employees regular straight time hourly rate of pay for all hours worked in excess of eleven and one-quarter (11.25) hours in a day. Overtime shall be payable at the rate of one and one-half (1 ½) times the employees regular straight time hourly rate of pay for all hours worked in excess of an average of thirty-seven and one-half (37.5) hours over the length of the schedule. The no pyramiding provisions of Article 15.03 apply to extended tour arrangements.

3. The schedule will be posted two (2) weeks in advance.

4. The Hospital will not schedule a full-time employee to work more than four (4) consecutive extended shifts. Where schedules do not conform to this, the employee shall be paid at the rate of one and one-half (1 ½) times the employee’s regular straight time hourly rate of pay for all hours worked on the fifth (5th) consecutive shift.

5. A period of twelve (12) consecutive hours off shall be scheduled between tours.

6. A period of twenty-four (24) hours off shall be scheduled when an employee is changing from day shift to night shift and forty-eight (48) hours off shall be scheduled when changing from night to day shifts.

Where an employee has been scheduled to work with less than the twenty-four (24) or forty-eight (48) hours off outlined above, she shall be paid at the rate of one and one-half (1 ½) times the employee’s regular straight time hourly rate of pay, save and except where:

(a) such hours are worked by the employee to satisfy specific days off requested by the employee; or

(b) the hours are worked as a result of an exchange of shifts with another employee.

7. It is understood that for scheduling purposes, a weekend consists of sixty (60) consecutive hours off work. This weekend period commences 1900 hours on the Friday shift until 0700 hours on the Monday shift.

8. Employees working an extended tour day shift will receive shift premium for three and three-quarter (3.75) hours.

9. Full time employees working extended tours shall be eligible to receive vacation on the following basis:

2 week entitlement – 75 hours
3 week entitlement – 112.5 hours
4 week entitlement – 150 hours
5 week entitlement – 187.5 hours
6 week entitlement – 225 hours
7 week entitlement – 262.5 hours

Extended Tour Model (Traditional Model)

The following provisions only apply to Traditional extended tour model.

1. Full time employees will be scheduled off two (2) out of four (4) weekends off.

If a full-time employee is required to work on a third consecutive weekend, she shall be paid at the rate of one and one-half (1 ½) times the employee’s regular straight time hourly rate of pay for the hours involved, save and except where:

(a) such weekend has been worked by the employee to satisfy specific days off requested by such employee; or

(b) such employee has requested weekend work. Such a request must be in writing and the Employer will copy the Union; or

(c) such weekend is worked as a result of a written request to an exchange of shifts with another employee.

2. Full time employees working extended tours shall be eligible to receive twelve
(12) lieu days off to consist of seven and one-half (7 ½) hours each.

Employees may request to take eleven and one-quarter (11.25) hours of banked holiday lieu time when requesting a shift off. The scheduling of the holiday lieu time will be in accordance with Article H-2 of the Collective Agreement.

3. Full time employees working extended tours shall be scheduled balancing time off every twelve (12) weeks.

4. An employee requesting night tours on a permanent basis may be granted such request where deemed appropriate by the manager.

Extended Tour Alternate Model (2D2N Model)

The following provisions only apply to 2D2N model only.

1. Full time employees shall not be scheduled to work more than three (3) consecutive weekends. If any full-time employee works on a fourth (4th) consecutive weekend she shall be paid at the rate of one and one-half (1 ½) times the employee’s regular straight time hourly rate of pay for the hours involved, save and except when:

i) Such weekend has been worked by the employee to satisfy specific days off required by such employee; or

ii) Such employee has requested weekend work; or

iii) Such weekend is worked as the result of an exchange of shifts with another employee.

2. All schedules will be done on the basis that each full-time employee will be scheduled for 1950 hours per year. The Hospital will schedule twelve (12) additional balancing tours to achieve these hours.

Grievance Procedure

ARTICLE 7 – GRIEVANCE AND ARBITRATION PROCEDURE

7.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable.

7.02 At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of his/her steward. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance.

7.03  It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union steward if he or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor’s decision in the following manner and sequence:

Step No. 1

The employee, who may be accompanied by a steward, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Union and the Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or response, then:

Step No. 2

Within nine (9) calendar days following the decision in Step No.1, the grievance may be submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the grievor may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting.

7.04 A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed.

7.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance.

7.06 The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:

(a) Confirming the Hospital’s action in dismissing the employee; or

(b) Reinstating the employee with or without full compensation for the time lost; or

(c) By any other arrangement which may be deemed just and equitable.

Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause.

7.07 (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen (16) calendar days after the decision under Step No.2, it will be deemed to have been received within the time limits.
(b) The parties agree that it is their intent to resolve grievances without recourse to arbitration, wherever possible. Therefore, notwithstanding (a) above, the parties may, upon mutual agreement, engage the services of a mediator in an effort to resolve the grievance and may extend the time limits for the request for arbitration. The parties will share equally the fees and expenses, if any, of the mediator.

7.08 All agreements reached under the Grievance Procedure between the representatives of the Hospital and the representatives of the Union will be final and binding upon the Hospital and the Union and the employees.

7.09 When either party requests that any matter be submitted to arbitration as provided in the foregoing Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time name a nominee. Within seven (7) calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking Arbitration Procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen (14) calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman.

7.10 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance.
7.11 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure.
7.12 The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement.
7.13 The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and, where there is no majority the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned.
7.14 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman of the Arbitration Board.
7.15 The time limits set out in the Grievance and Arbitration Procedures herein are mandatory and failure to comply strictly with such time limits except by the written agreement of the parties shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section 48 (16) of The Labour Relations Act.
7.16 Wherever Arbitration Board is referred to in the Agreement, the parties may mutually agree in writing to substitute a single arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply.

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