Employer changes shift with less than 48 hours notice:

A member’s shift in a northern hospital was changed by management prior to the member arriving to work. A provision in the collective agreement was triggered, since there was less than 48 hours notice of the change, requiring the employer to pay the member time and one-half premium. Since the shift was already being paid at the rate of time and one-half, the member was entitled to double time for working additional hours following their full tour on that day. ONA grieved and won.

Triggering call-back within 24 hours: A member worked their regular shift and left the hospital. A shift offer went out for a full tour the next day. The member noted they would work a partial tour, but the hospital denied their entitlement to double time. ONA argued that the member triggered the call back within 24 hours and that their offer to work only a partial tour was irrelevant. The hospital agreed and the member

 was paid their shift at double time. The requirements for triggering a call back when not on standby under this collective agreement include: 

• A nurse who is not on standby must be full-time or regular part-time. 
•  
• A nurse must have worked a full regular scheduled tour with 
• a start time that was within 24 hours prior to the call-in and must have
   completed that tour. 
• A nurse must have left the hospital, returned physically to their workplace and started working within 24 hours of end time of the last tour worked. 

Short-swing premiums: Several grievances were filed regarding short-swing premiums at a hospital. The issue centered on whether a nurse who picked up an overtime shift – resulting in less than 48 hours off before the start of their next shift – was entitled to the short swing premium of time and one-half for that shift. The employer agreed that the premium applies, and the matter was resolved. As a result, affected members were appropriately compensated for seven 11.25-hour shifts at premium pay. This outcome is a significant win for our members, reinforcing the importance of upholding contractual scheduling protections.

A public health sector employer introduced an on-call system for members despite the absence of on-call provisions in the collective agreement. Initially, members were required to wait in the parking lot until called to the clinic, after which they would return home to work virtually if not needed. Before filing a grievance, the union met with the employer to discuss members’ concerns. Through this advocacy, the employer agreed to modify the system, requiring members to begin their shift at their primary office before being called to the clinic if necessary.

Training shifts should count toward overtime: A part-time nurse at a hospital worked eight shifts in a pay period during orientation but was denied overtime after exceeding 75 hours. When the nurse inquired, the employer claimed that training shifts did not count toward overtime. After a grievance was filed, the employer argued that overtime should be averaged over six weeks. At Step 2, ONA cited that overtime applies beyond 75 hours in a pay period and that averaging does not apply in this instance. The employer agreed to ONA’s settlement terms, and the nurse was compensated for two 12-hour overtime shifts.  

Employer tries to change shifts without informing ONA: A long-term care home operating without a Bargaining Unit President was preparing for new beds. The employer planned to convert 12-hour shifts to 8-hour shifts but failed to inform ONA. During discussions with the employer, it was discovered that an ONA-represented Assistant Director of Care (ADOC) was transferred to a non-union position with no plans to fill the vacancy. Many contract violations were also identified including failure to provide notice for discontinuing extended tours, eliminating a position and scheduling less than the required RN hours. The employer agreed to implement a new line selection process overseen by ONA, to reinstate the ADOC position, and to create a new line. Members selected their 8-hour lines by seniority and were satisfied with the outcome. This significant win preserved bargaining unit hours, strengthened member support, and established a positive working relationship with new management, all without filing a grievance.