What to know when attending compulsory inservices

Employees required to attend a compulsory in-service should be aware of articles 10 and 35 of the UNA Provincial Collective Agreement. Article 35.02 (a) states that Employees attending a compulsory in-service on a day they are not regularly scheduled to work must be paid at the overtime rate of 2X their regular salary. Because the sessions are compulsory, it is the equivalent of mandatory overtime. Employees offered choices of attending a compulsory in-service on a day they are normally working cannot choose instead to attend on a non-working day in order to collect the overtime rate. Articles 10.07 (a) and 10.07 (c) state that Employees required to travel to compulsory inservices shall be reimbursed transportation costs if the in-service is located more than 20 kilometres further than their usual travel route to their normal worksite. For example, an Employee working at the Leduc General Hospital who is required to take the Connect Care Training at the University of Alberta Hospital shall be paid time to travel and mileage to the U of A Hospital, providing that the trip is more than 20 km than their usual travel to the Leduc Hospital. If you have any questions or concerns, please contact your UNA local executive or Labour Relations Officer at 1.800.252.9394.

Employees have a right to refuse overtime – except in emergencies

Under Article 8.04 of the UNA Provincial General Agreement, Employees have a right to refuse overtime – but not in an emergency, when the Employer can assign mandatory overtime. Members who are concerned that the Employer is using mandatory overtime improperly, or that they are being asked to work too much overtime, need to inform UNA as soon as possible so that an appropriate response can be made. Article 8:04 states: (a) The Employer shall endeavour to minimize the use of mandatory overtime. (b) The Employer may request an Employee to work a reasonable amount of overtime. Should the Employee believe that the Employer is requesting the Employee to work more than a reasonable amount of overtime, then the Employee may decline to work the additional overtime, except in an emergency, without being subject to disciplinary action. (c) An emergency is a circumstance that calls for immediate action. (d) The Employer shall take reasonable steps to avoid a staffing situation which may become an emergency prior to requiring overtime. Since “reasonable” is not defined in this article, it is up to Employees to use their own judgment determine if the Employer’s request in unreasonable. If you believe you are being asked to work an unreasonable amount of overtime, you should contact your Local executive or UNA Labour Relations Officer immediately. Can the employer ask you to work anyway? Yes, the Employer may use mandatory overtime in the event of an emergency. If you believe you have been asked to work mandatory overtime for something that is not a true emergency, or that the Employer has not taken reasonable steps to avoid a staffing situation that has resulted in an emergency, you should also contact your Local executive or UNA Labour Relations Officer immediately. You can contact your UNA Local Executive or Labour Relations Officer at 1-800-252-9394.