It has come to our attention that the employer unilaterally released a document outlining the procedure for calling and offering shifts to ONA members. This document is a violation of our collective agreement language in E.14 and we have notified the employer that we reserve the right to grieve any/all situations that arise due to improper call-in because of the direction they have provided. The employer has still not rescinded the changes they had disseminated out hospital-wide at the end of last week.
Off-unit staff ARE NOT to be offered shifts prior to premium or OT to home unit staff. Off unit staff are only called and offered a shift after all home unit staff have been called and offered - especially if the off-unit staff is in a position for premium but home unit members have not been offered premium/OT. Unfortunately, there is a clause that indicates that the employer does not have to offer OT or premium - however, if your unit remains short staffed due to the decision not to call staff at a premium after exhausting the list at straight time (ie. if you are aware there were members available to work the shift), and you experience an increased workload, or patient care/safety concern as a result of the inadequate staffing during the shift that could have been offered - we ask that you speak with your manager, or the after-hours supervisor, to notify them of your workload concern, and request additional staff if that is what would help resolve your workload concern. Please document who you spoke with and what their response was on the workload form, and whether additional staff were provided or not. We cannot grieve the employer not offering premium or OT, but we can encourage them to resolve staffing issues to prevent patient harm or decreased quality of care.
For clarity - call in should occur as follows: (Article E.14)
E.14 Call-in Process for Offering Additional Tours(After the Schedule has been Posted)
It is understood that the Hospital will not be required to offer tours, which would result in overtime or scheduling violation premium pay. Shifts will be deemed to have been offered when notification has occurred. Each unit shall establish a suitable method of record keeping available on the unit for a minimum of six (6) months, of the notification and the response.The Hospital will offer additional tours based on the following order:(a) Any needs for shifts commencing in excess of five (5) days will be posted on the unit as needs to be picked up by the part-time staff on the unit. Shifts will be assigned based on seniority and equitability.(b) For any additional tour commencing within five (5) days the scheduler/ caller, following the unit call in record based on seniority and equitability, will accept the first positive response.(c) Should work subsequently become available for that shift for which a parttime Nurse was cancelled, the part-time Nurse who had the tour cancelled will be given the first opportunity to work that additional tour.(d) Regular part-time staff on the home unit who are not in scheduling premium position and have not been scheduled up to their bi-weekly commitment are offered the shift at straight time, in order of seniority.(e) Regular part-time staff on the home unit, excluding Job Sharers, who are not in a scheduling premium position and who have indicated availability for additional shifts are offered up to seventy-five (75) hours in the pay period at straight time, in order of seniority.(f) Job Sharers on the home unit, according to Article N at straight time.(g) Casual Part-time on the home unit at straight time.(h) Regular part-time staff on the home unit who would be paid at premium may be offered the shift in order of seniority, followed by Job Sharers and Casual at premium on the home unit.(i) It is the intent of the Parties to offer overtime on an equitable, rotational basis. When shifts on a Unit that incur overtime payment are offered, they will be offered within that Unit, on a rotational basis first to Full-Time Nurses, and if no Full-Time Nurses are available, then on a rotational basis to regular part-time Nurses, and if no regular part-time Nurses are available, then to job sharers and then to casual part-time Nurses. For purposes of maintaining an equitable system of rotation, any overtime offered and declined shall be considered to be that employee’s opportunity for overtime and the rotation shall continue. It is understood and agreed that where an inadvertent error should occur, in the order of offering overtime, it may be corrected by offering the next available opportunity for overtime, and such correction shall not violate the terms of this article. Each unit shall establish a suitable method of record keeping, available on the unit, for a minimum of six (6) months. It is further understood that once an overtime request is beyond the unit it need not be offered in any particular sequence of staff.(j) If no staff from the unit are available to work the shift, the Hospital may offer the shift to regular part-time staff from other units who have indicated their availability to take additional shifts on the unit, who are capable of performing the required work.
Please e-mail your manager and cc me if you believe you were not offered a shift that you should have been. You will need a copy of the call sheet for the shift in question, and a copy of your schedule. If there is an error, your manager can attempt to resolve the grievance at this stage (the "verbal stage" - preferred in writing). If they are unable or not willing to resolve the error, we can assess for merit to proceed to Step 2 of the grievance process where we submit a formal grievance and attempt to resolve through discussions with the employer (failing this, the case may be referred to arbitration).
Please try to be as timely as possible with your follow up as there are timelines to follow in the grievance process.
Please let us know if you have any questions or concerns. Be kind to each other - don't blame each other for the way these calls have been directed to be made by the employer. If we are 'busy' fighting each other, we don't have our eyes on what is really happening. We need to uphold the language of our collective agreement for it to have any meaning so we recommend not letting things slide. The collective agreement does not just belong to ONA, it also belongs to the employer, and it is a mutually agreed to contract - despite the differences in interpretation of the language at times. 

In solidarity,
Steph & Patric