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Sept. 14, 1998
Employer attacks the rights of casual nurses
HEABC is proposing contract changes that would erode the rights of casual nurses, restrict their career choices, and drastically cut their pay for on-call work. The proposals would effectively gut casual call-in by seniority
In a package delivered to the Nurses' Bargaining Association last week, HEABC is proposing to condemn casual nurses to second-class status within the health care system.
Abusing "short-call"
Under the HEABC package, employers could call-in any employee they wish to work up to five shifts if the employer receives 48 hours or less notice of a shift that needs filling. The employer could use any employee to fill this vacancy regardless of seniority or employee status. Eliminated would be current language restricting the use of such short-call shifts to three. Also gone would be the current language requiring that short-call shifts can only be used for the purpose of skill development of casuals.
If the employer succeeds with this proposal it would seriously undermine the seniority rights of casuals. There is no conceivable way 48 hours notice could constitute an emergency requiring an override of seniority for five shifts. Employers have already abused the current language to get around call-in by seniority.
Employer rejects reasonable definition of a block of work
HEABC is refusing to budge on the issue that would improve things the most for casuals under call-in by seniority. HEABC insists on defining a block of work as the duration of the vacancy, thereby forcing casuals to take long blocks they do not want, lest they lose their opportunity to work at all.
HEABC rejects the definitions that would be the fairest for nurses, even though several employers have already agreed to them at the local level: that a block should be defined either as a single shift or as the number of shifts between regular days off of the vacancy being filled.
No financial penalties on employers
HEABC wants to protect employers from financial responsibility if they fail to respect casuals' seniority rights. Under an arbitration award, casual nurses receive full pay for any shift they miss when the employer fails to follow the seniority list. HEABC is proposing to compensate nurses simply by giving them the next available shift after the one they failed to get, a shift they often would have been able to work anyway if seniority had been respected in the first place, or they would have already been booked to work anyway.
HEABC is also refusing to pay a penalty when an employer calls in a casual, and then cancels the shift. This often results in financial hardship for casual nurses, because they must still pay for pre-booked day-care time and are often forced to turn down other shifts, believing they are already committed to working one.
No overtime pay when a casual is called in while working on-call
This is one of the most dangerous proposals in the employers' package. With employers increasingly relying on casuals to staff facilities and services on-call, employers want to eliminate the right of casuals to overtime pay when they're called in.
That means a casual working on-call would simply receive the on-call premium, and only straight time for hours worked when they're called in.
Any regular full-time or part-time nurse working on-call receives overtime rates when they're called in.The HEABC proposal is a blatant attempt to cut costs, while treating casuals as second class citizens.
Restrictions on rights of casuals to be registered for additional units
When the employer needs more casuals on a unit, HEABC wants to eliminate the right for qualified casuals from other units to register for the unit with the shortage before the employer can hire additional casuals.
This employer proposal would seriously inhibit the opportunity of casual nurses to broaden their experience and enhance their career options. It would be grossly unfair to casuals seeking more work opportunities and would simply allow the employer to increase its casual roll and give a lot of casuals a little work.
Casuals must not be treated as indentured servants to be bound and restricted to certain work units when they're qualified for work on others.
Increased probationary period for casuals
HEABC is proposing to dramatically increase the probationary period for casuals -- from the current 172.8 hours to 468 hours.
The Nurses' Bargaining Association is confident that all nurses will agree these proposals are blatantly unfair for our casual members, and must be rejected.
The next bargaining sessions are scheduled for September 16, 17 and 18.
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