The UNA Resources, Local Updates Blog
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Overtime carries over into 2022 unless Employee requests payout
Overtime carries over into 2022 unless Employee requests payout
According to a new Letter of Understanding signed as part of the new Provincial Collective Agreement, overtime accumulated by United Nurses of Alberta members between April 1, 2021, and March 31, 2022, shall be carried over unless the Employee requests a payout. This LOU is only in effect for one year. Overtime not paid out or not used as time-off by March 31, 2023 will be paid out. This arrangement was made in recognition of the large amount of overtime accumulated by many UNA members during the second year of the COVID-19 pandemic. The Provincial Collective Agreement and this LOU applies to United Nurses of Alberta members employed by Alberta Health Services, Covenant Health, Lamont Health Centre and The Bethany Group (Camrose). If you have any questions or concerns, please contact your UNA Local Executive or Labour Relations Officer at 1-800-252-9394.
Off Planner Vacation Requests
Off Planner Vacation Requests
According to Article 17.03(b)(ii) of the UNA Provincial Collective Agreement, when an Employee submits a request in writing after April 30 for vacation, the Employer shall indicate approval or disapproval in writing of the vacation request within 14 days of the request. Each request submitted by an Employee must be assessed on a case-by-case basis. If your manager says they are not approving any “off planner” or “ad hoc” requests, then they are not assessing each request. Such blanket denials are arbitrary and contravene the requirements of the Collective Agreement. In addition, it is not the responsibility of an Employee to find coverage for their vacation. The manager or their staffing office is responsible to do so. If you believe a vacation request has been denied unreasonably, please contact your UNA local executive or Labour Relations Officer at 1-800-252-9394.
28-Day Notice Period Does Not Apply to Transfers
28 Day Notice Period Does Not Apply to Transfers
Employees who successfully apply for a position with the same Employer will transfer from one position to another. They do not resign a position to accept another position. Therefore, the requirement to provide 28 days’ notice set out in Article 23.10 of the UNA Provincial Collective Agreement does not apply to a transfer because the Employee does not resign. If your current manager tells you that you cannot leave your current position for 28 days then we suggest you ask your hiring manager to discuss the transfer with your current manager. Article 14.01(d)(vi) states that a commencement date must be included in a posting and “may be altered by mutual agreement between the Employee and the Employer.” If after your hiring manager speaks with your current manager, you are unable to mutually agree to amend the commencement date, please contact your UNA local executive or Labour Relations Officer at 1-800-252-9394.
Employees are not responsible for coverage once a shift exchange is approved
Employees are not responsible for coverage once a shift exchange is approved.
Employees are not responsible for coverage once a shift exchange is approved. According to Article 7.05 of the UNA Provincial Collective Agreement, employees are permitted to exchange shifts with one another. If two Employees agree to exchange shifts, then they can submit their request to their immediate supervisor in writing and the supervisor must indicate approval or disapproval in writing. “Pending” is not a valid response. Once the immediate supervisor approves a shift exchange, the respective Employees are no longer responsible for their pre-exchange shifts. It has no impact on the shift exchange, if someone transfers to another position, is absent due to illness or is otherwise unable to work that shift for any reason. If your manager refuses to approve a shift exchange or if they require you to work a preexchange shift, 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
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.
Ensure you are receiving your Education Allowances
Ensure you are receiving your Education Allowances
According to Article 26.01 of the United Nurses of Alberta Provincial Collective Agreement, Employers will acknowledge educational credentials from recognized post-secondary institutions and use those credentials to establish the Employee’s basic rate of pay. Check Article 26 of the Collective Agreement for a list of courses, diplomas and degrees eligible for an education allowance. An education allowance for a Baccalaureate Degree shall be payable after the Employee provides their Employer with satisfactory proof of their degree. Allowances for education shall be paid from the date the Employee provides proof of qualifications to the Employer retroactive to the date the Employee completed the requirements for the qualification or from the date of hire, whichever is later, to a maximum of 12 months. Unfortunately, however, experience shows that Employees are not always paid the allowances to which they are entitled even after they have informed the Employer. As a result, at the time they inform the employer of their entitlement to an education allowance, UNA members are encouraged to retain a date-stamped document or a copy of the email they sent to establish when and how they informed the employer. Education allowances are not cumulative. An Employee should expect to only receive the highest allowance for which they are eligible. UNA members with any questions of concerns should contact their UNA local executive or Labour Relations Officer at 1-800-252-9394.