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.