BCNU Update Magazine October 2012

october 2012 SPECIAL EDITION

new provisions protect nurses’ job security

improved workload for nurses means better patient care

toward a safe and healthful workplace

Update update magazine October 2012 Special Edition

british columbia nurses’ union

ON october 18

vote

yes SPECI editi AL on

www.bcnu.org

highlights of proposed provincial collective agreement

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BCNU MEMBER PORTAL Information that matters to you • Events Calendar – training, conferences and workshops • Members’-only information – the new bargaining language, downloadable forms and other imporant issues • Updating your personal information – if you’ve moved, changed your name or phone number

Haven’t registered yet?

Sign up in five easy steps

1 2 3 4 5 At bcnu.org, hover your mouse over the “Portals” tab, located on the upper right hand side. A dropdown menu will appear. Move your mouse over “Member Portal” and click once.

Next, click on “First time here?” and enter your information when prompted.

Enter required fields, including your BCNU member ID number (you can find it on the mailing label of this Update magazine), or the last four digits of your Social Insurance Number.

Write down your BCNU member ID number and password, and be sure to keep it in a safe place.

Having trouble?

Download the “Member Portal Login Guide” from the portal login page, for a more detailed explanation on how to register.

If you experience problems signing on, please contact BCNU Tech Support at 604-433-2268 ext. 2159 or memberservices@bcnu.org.

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update magazine October 2012 Special Edition

Update

•

•

Contents vol 31 no 3

october 2012

3

special edition

inside

5 6 7 9

President’s Report

BCNU President Debra McPherson calls the proposed agreement a great deal in tough times.

Extended Work Week

What will an additional 1.5 hours per week mean for you?

Workload

Clear, enforceable language addresses some of nurses’ worst workload problems.

Protecting Job Security

New job security provisions are some of the most important changes in the proposed agreement.

10 Compensation

Pay increases were achieved despite the difficult fiscal climate.

13 Community Nursing

A breakthrough series of agreements will address many issues.

14 Benefits

Joint committee will explore options for more cost-effective benefit plans.

15 Violence and Mental Health

Key agreements were reached in achieving a safe and healthful workplace.

17 Professional Issues

New PRF language will provide a streamlined, responsive process for professional, safety and workload concerns.

Bargaining 2012

11 Casting your vote

Currently, about 90 percent of all BCNU members work under the Provincial Collective Agreement and are eligible to participate in the ratification vote on October 18.

Training and Education: proposed contract includes funding for nurses’ training and education.

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STAY CONNECTED

BC Nurses’ Union

Update MAGAZINE

our Mission Statement BCNU protects and advances the health, social and economic well-being of our members and our communities.

BCNU UPDATE is published six times each year by the BC Nurses’ Union, an independent Canadian union governed by a council elected by our 32,000 members. Signed articles do not necessarily represent official BCNU policies.

EDITOR Lew MacDonald CONTRIBUTORS Jessica Bowering, Juliet Chang, Sharon Costello, David Cubberley, Gary Fane, Monica Ghosh, Robert Macquarrie, Debra McPherson, Art Moses, Shirley Ross, Patricia Wejr PHOTOS David Cubberley, Art Moses, Dan Tatroff

MOVING? NEW EMAIL?

When you move, please let BCNU know your new address so we can keep sending you the Update, election information and other vital union material.

Forward us your home email address and we’ll send you the latest BCNU bulletins and news releases.

CONTACT US BCNU Communications Department 4060 Regent Street, Burnaby, BC, V5C 6P5 PHONE 604.433.2268 TOLL FREE 1.800.663.9991 FAX 604.433.7945 TOLL FREE FAX 1.888.284.2222 BCNU website bcnu.org EMAIL EDITOR lmacdonald@bcnu.org MOVING? Please send change of address to membership@bcnu.org.

Please contact the Membership Department by email at membership@bcnu.org or by phone at 604-433-2268 or 1-800-663-9991

Return undeliverable Canadian addresses to BCNU, 4060 Regent Street, Burnaby, BC, V5C 6P5

444

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2/18/2013 11:57:44 AM

update magazine October 2012 Special Edition

president’s Report

5

Debra McPherson

A great deal in hard times

photo: Chris Cameron

O

n behalf of your bargaining committee and Council I am very pleased to present the details of our proposed agreement with health employers.

We made significant progress on all your priority issues – on workload, job security and compensation.

If members ratify this agreement on October 18 we will have clear, enforceable contract language to reduce nurses’ workload and improve patient care with provisions that recognize and respect the clinical judgement of nurses. All the language is grievable and enforceable.

For the first time ever, the contract will require acute and long-term care employers to replace nurses off on leave from a scheduled shift, unless there are clear extenuating circumstances determined jointly by the nurse in charge and the manager. In the community, where there are other gains (see page 13), employers will be required to backfill at least the first two weeks of nurses’ vacations.

Taken together, these and other pieces may not provide ratios of nurses to patients, but they go a long way toward forming real solutions to the workload puzzle: • when there’s hallway care and other overcapacity problems, with too many patients for the funded beds, the employer will call in more nurses to meet patient needs, determined jointly by the manager and the charge nurse • employers guarantee the number of overall RN/RPN hours won’t be reduced • employers will add more RN/RPN hours (2,125 FTEs) over four years.

These gains will significantly improve job security, and there are other measures to protect the employment rights of nurses who are displaced from their positions (see page 9).

There’s a wage increase too: three percent on April 1, 2013.

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It’s critical to remember our bargaining took place in very difficult conditions.

Governments are attacking public sector workers everywhere. Ontario is legislating a wage freeze and has stripped away all sick bank payouts from teachers. BC’s Finance Minister is ready to pull the plug on any contract gains because of a growing deficit.

Employers were demanding nurses pay 25 percent of the cost of health and welfare benefits – a demand we were able to fight off.

We were constantly reminded about the government’s “cooperative gains” mandate – that contract improvements could only come through cost savings and productivity gains.

Our contribution to solving workload challenges will put more nursing hours into the system, reduce overtime and thereby improve productivity. This will help pay for gains elsewhere in the contract. The agreement increases full-time nursing hours from 36 to 37.5 hours a week, with nurses working full-time seeing pay cheques increase by 4.17 percent. Pensionable earnings will increase accordingly.

No layoffs will result from the change.

For many nurses, you’ll be paid for extra minutes you may already be working for free. For other nurses it could mean a change in your rotation. Employers and the union have agreed to work together to ensure a smooth transition (see details page 6).

Agreeing to extend the work week was difficult but we believe the exchange was more than worthwhile. And the alternatives were not attractive – a zero, zero agreement with no improvements to workload and job security, or a protracted fight with uncertain results.

By persevering we achieved a very good deal in very bad economic times.

Please read this magazine and attend a worksite meeting where you can ask questions. Learn more by visiting the Member Portal at www.bcnu.org to see the whole package. I am confident that you’ll be very satisfied with the gains we have made and you’ll vote “Yes” in the October 18 ratification vote at your worksite. update

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6 What a 37.5 hour work week means:

Extending the Work Week

N

What does it mean for nurses? egotiations for a new Provincial Collective Agreement took place in a very tough fiscal climate. Even before negotiations began the provincial government took a hard line – insisting that taxes not be raised or the deficit increased to fund new contracts. Then, in the midst of bargaining, the finance minister announced that BC’s projected deficit would soar to $1.14 billion due to falling natural gas revenues.

The government responded by freezing salaries and hiring, promising additional program cuts and indicating that even minor wage increases for public sector workers “might be off the table.” Vows to cut over $1 billion in spending over the next three years lent even more urgency to reaching a new agreement.

The provincial government made it clear that no new money would be available to fund gains at the bargaining table. Unions were told they must identify savings and efficiencies in what the government called a “cooperative gains” approach. Under this mandate, the employer would fund wage increases or other contract improvements through savings in existing budgets and productivity efficiencies found in the current collective agreement.

In spite of these difficult conditions, the Nurses’ Bargaining Association successfully met its key goal of safe staffing for safe patient care. The proposed agreement will ensure employers maintain the number of nurses currently employed (job security), hire more nurses and create more regular positions to provide care. They must also agree to replace nurses who are away from the workplace, address overcapacity issues and improve the Professional Responsibility (PRF) process.

In exchange for these guarantees, the NBA has accepted the employers’ proposal to increase the work week from from 36 to 37.5 hours.

An extended work week is generally consistent with nursing collective agreements across the country:

province

hours per week

annual hours

hourly/annual ft rate level

1 step 9

BC - current

36

1879.2

$40.42

$75,947 annual (FT)

BC at April 1, 2013

37.5

1950.2

$41.63

$81,496 annual (FT)

current provincial comparisons

Manitoba

38.75

2022.75

$37.67

Saskatchewan

37.3

1948.8

$44.46

Alberta

36.81

1921.48

$45.03

Ontario

37.5

1957.5

$41.70

Atlantic provinces

37.5

1957.5

$35.32 to $38.10

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Effective April 1, 2013 an increased pay cheque of about $5,549 per year (gross before tax), for a full-time nurse at Level One Step 9 when taking into account the three percent wage increase and increased hours of work.

More pensionable hours: in general, pensionable hours will increase in proportion to the increase in pay. The real impact is on the resulting pension when a nurse retires after working five years from the time a new contract comes into effect.

A full-time nurse at Level One Step 9, retiring at or after age 60 without penalty: 1. With 15 years of pensionable service will see a rise of about $140 per month before tax.

2. With 20 years of pensionable service will see a rise of about $175 per month before tax.

3. With 25 years of pensionable service will see a rise of about $230 per month before tax.

Work hours: for nurses working regular shifts of 7.2 hours, it would mean the equivalent of an extra 18 minutes per day. Schedules could be adjusted according to your shift length. For those working regular 7.5 hour shifts, it would mean working 10 more shifts a year. As is the case currently, the year is not easily divided. The effect for full-time nurses working extended work shifts would vary by worksite, but for some rotations this could mean working seven more shifts a year.

Nurses working part-time will not necessarily see an increase in their hours. This will be dependent on rotation changes. However, we negotiated language that will ensure that part-time employees will not go below the threshold that ensures their part-time status and hence eligibility for benefits.

The NBA also agreed to jointly develop schedules that will minimize disruption.

Extending the full-time work week by 1.5 hours is an exchange that helps to address nurses’ workload issues and enables BCNU to achieve the many improvements outlined in these pages. update

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update magazine October 2012 Special Edition

7

to include “facilitating the effective use of staff, monitoring patient care needs, assessing whether circumstances require calling in staff, leadership on the unit and using available resources for support.”

Major breakthrough achieved on workload

O

Employer required to replace nurses on leave

ur proposed agreement with health employers contains clear, enforceable language to address some of nurses’ worst workload problems and improve patient safety.

It commits that RN/RPN hours won’t decrease during the term of the agreement.

Instead, RN/RPN hours will increase by the equivalent of 2,125 full-time equivalent positions over the next four years.

For the first time ever, health employers will be required to backfill nurses who are off on leave from a scheduled shift – no matter the cause – unless there are extenuating circumstances (see language below).

When nurses call in sick, the nurse will be replaced, and any decision on whether patient care needs can be met with scheduled and available nurses will be made by the nurse in charge and the manager.

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This joint decision-making process clearly acknowledges nurses’ professional judgement in assessing patients’ needs. It also significantly advances nurses’ rights to determine what’s best for patient care while limiting management’s ability to force nurses to work short without replacement in order to meet budgets.

The new replacement language applies in acute and long-term care, while another provision requires employers to backfill at least two weeks of vacation a year for nurses working in the community (see more about the community nursing on page 13).

Standards and education for in-charge nurses To accommodate the new replacement language, the contract mandates the union and employer to establish educational standards and programs for in-charge nurses

Long-term leaves The new language on long-term leaves is as follows: “Employees on vacation will be replaced except where the service levels are reduced (e.g. clinic closure, operating room closure, operating room slow down). The Employer will make all reasonable efforts to replace vacation leave using regular relief/float positions, where possible.”

There is similar language for long-term leaves such as maternity leave and longterm disability.

Short-term leaves The proposed language on short-term leaves reads: “Where there are vacancies due to short-term absences in acute/long-term care facilities of 20 beds or more the Employer will replace those vacancies.”

On some occasions a nurse on a short-term absence may not be replaced if the nurse in charge and the manager agree that patient care needs can be met with scheduled and available nurses.” “‘Patient care needs’ includes, but is not limited to an assessment of number of patients, patient acuity, anticipated rate of patient turnover, patient dependency and staff skill mix.”

“Where there are vacancies due to shortterm absences in acute/long-term care facilities of less than 20 beds the Employer will make all reasonable efforts to replace those vacancies.”

On some occasions the Employer may not be required to make all reasonable efforts to replace those vacancies if the nurse in charge and the manager agree that patient care needs can be met with scheduled and available nurses.”

For short-term leaves the provision commits employers to replace absences (in this order) with nurses who are casual, regular part-time, in float pools or regular full-time. If necessary, nurses will be called in on overtime. update

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8 OVERTIME by the numbers Public Sector registered nurses in canada Worked

20,627,800 Hours of OT in 2010 Equivalent to

11,400 full-Time jobs

14.5 %

of those nurses worked unpaid OT averaging an extra

4.4 hours per week

17.3 %

of those nurses worked paid OT each week cost

$660 Million

value of unpaid ot

$230.7 Million

KEY workload provisions imPORTANT CONTRACT PROVISIONS HAVE BEEN NEGOTIATED TO ADDRESS NURSES’ WORKLOAD CHALLENGES

More nurses hired: The total number of RN/RPN

straight time paid hours will be increased from the December 31, 2012 hours by at least 4,159,687 straight time hours (equivalent to 2,125 full-time positions) by March 31, 2016. The increases will be distributed relatively evenly, although increases in the first year may be less. The large majority of these FTEs will be regular positions.

Hallway/overcapacity: When patient demand exceeds normal capacity, the employer will call in additional nurses to meet patient care needs, as determined by the manager and the nurse in charge. (same definition for patient care needs as under replacement – see page 7).

Regularization of hours: Overtime hours, hours worked by casuals, hours worked by part-timers beyond their normal FTE and hours worked by agency nurses will be jointly reviewed every six months and, where the hours are consistent and recurring, be converted into or added to regular positions Peoplework not Paperwork: The burden of paperwork and documentation is overwhelming longterm care case managers and other nurses in the community.

This problem will be investigated by a committee of union, employer and government representatives who will recommend changes by 2014.

Casual employment: To make the staffing and call-in process more efficient and effective, employers may require casuals to work a minimum of 225 hours annually. If the employer opts to make this requirement, it will cover all casuals across the health authority. On a one-time basis and within six months of ratification, the employer can delete a casual employee from a register where the employee hasn’t worked any hours the previous 12 months, unless the employee has a bona fide reason.

Employers may develop new internet-based technologies for calling in. Provision will be made for nurses without reliable internet access. (For questions and answers about casual employment sign in to the Member Portal at www.bcnu.org) New grad mentorship: Employers may establish a new grad mentorship program which would hire new grads as casuals into temporary full-time or part-time assignments with benefits for positions with 24 to 36 weeks of orientation and mentorship (increased from up to 15 weeks).

If the employer opts to use the program it must be applied uniformly across the health authority.

New Professional Responsibility Form language: A streamlined PRF process will be estab-

Source: Informetrica Limited – Trends in own illness or disability-related absenteeism and overtime among publicly-employed registered nurses.

RatVote_SpEd_2012_finaledits.indd 8

lished and a senior union-management review committee set up whose recommendations are binding when they’re unanimous (see more on page 17). update

2/18/2013 11:57:54 AM

update magazine October 2012 Special Edition

Major gains in job security Proposed agreement creates health authority-wide seniority, improves options for displaced nurses and sets a floor on nursing hours

N

ew provisions protecting job security are some of the most important changes in the proposed Provincial Collective Agreement. These provisions are major gains that strengthen the rights of nurses who find themselves displaced from their jobs when employers restructure the workforce.

Health authority-wide seniority

A long-standing BCNU goal has been to enhance the value of members’ seniority in accessing positions - not just at their own workplaces but across their health authority. Nurses at Vancouver Coastal Health Authority and Providence Health Care have had a single seniority list for several years. And nurses at Vancouver Island and Interior Health authorities have had single, dovetailed lists within smaller geographic areas.

The new agreement establishes health authorities – not your worksite – as the employer. And nine months after ratification each employer will implement a single, dovetailed seniority list, thereby enhancing the value of nurses’ seniority in accessing vacancies and new positions.

ESTABLISHING PRIORITIES – Numbers that matter A 2011 Mustel Group Market Research survey of the BCNU membership gave our bargaining team the direction it needed when determining nurses’ priority issues.

What are the five most important demands that BCNU should propose at the bargaining table?

general wage increase

17% 32%

workload solutions

21% improve job security

31%

RatVote_SpEd_2012_finaledits.indd 9

other/not stated

9

What does it mean?

Nurses will be able to use their seniority to bid on job postings and apply for new positions as internal candidates in any worksite in their health authority.

It increases job security by providing more choices for nurses who are displaced through workplace changes (access to more vacancies, unfilled vacancies and bumping options across the health authority).

How does it affect me?

To facilitate the single seniority list, each nurse will be restricted to one status (regular full-time, regular part-time, or casual) following the implementation date. Nurses who have regular status at one worksite and casual status at another worksite must tell the employer which status they wish to keep and which they want to relinquish. Following the implementation date, regular part-time employees may hold positions at up to two worksites provided the positions don’t exceed a total of 1.0 FTE. Employees may continue working in multiple positions totalling more than 1.0 FTE until no later than nine months after the implementation date. They must identify the position they choose to relinquish no later than six months after the implementation date. Members will retain the best seniority date and wage rate once consolidation occurs.

More help for displaced nurses

First chance at filling vacancies For vacancies (whether or not they have been posted) and unfilled vacancies (that have been previously posted and gone unfilled), first consideration will be given to displaced employees at the originating worksite, second consideration will be given to displaced employees from other worksites within the health authority or Providence Health Care, and third consideration will be given to all other employees.

Training for unfilled vacancies “A displaced employee who elects to fill an unfilled vacancy pursuant to Article 19 (layoff and recall) will be provided education or training to be capable and qualified to fill that vacancy to the extent that the employer would otherwise train an employee for the vacancy.”

Employers will utilize displaced employees in a nursing position while awaiting training, and

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10 they will receive the same FTE and hourly wage as they held at the time of displacement.

Dispute resolution over displacement options “Where displaced employees are not permitted to fill a vacancy, unfilled vacancy, or bump into a position because the employer deems them not to have the capabilities and/or qualifications for that position,” the union will have the right to appeal the decision to the local senior human resources designate. Failing a resolution, the union can take the dispute to arbitration.

While the dispute is unresolved the employee will continue to be employed and receive the same FTE and hourly wage as at the time of displacement.

Wider bumping options Employees exercising bumping rights are no longer restricted to bumping employees with less than seven years seniority.

Maintenance of nursing hours

Under the new agreement, the total number of straight-time paid hours of nurses in the health sector will be no less than the total number of straight-time paid hours of nurses in 2012. Furthermore, the Health Employers’ Association of BC will supply the union on an annual basis with data on nursing hours, overtime hours, the number of nurses working full time, part time, casual and baseline staffing levels for all units, wards, and programs. This will make nursing hours much easier to track.

Compensation increases achieved despite tough fiscal climate

I

n addition to workload and job security, members identified compensation as a top priority for this round of bargaining. The Nurses’ Bargaining Association successfully negotiated compensation increases despite negotiations taking place in a very the difficult fiscal climate. The proposed Provincial Collective Agreement now contains the following changes:

Wage Increases

Help for nurses at affiliates

The agreement expands the health authorities’ commitment to vacancy placement and orientation or training to laid off employees within the health sector who require education for safe practice in acute care or in the community.

“The parties agree to jointly develop guidelines that will maximize opportunities for laid off nurses through orientation and/or education for those employees. The process may be enabled through access to the Training/Education Partnership Fund.”

Visit the Member Portal at www.bcnu.org for questions and answers about health authoritywide seniority and other job security provisions. update

RatVote_SpEd_2012_finaledits.indd 10

Hourly wage*

Annual wage (full time hours)*

April 1, 2012 – 0%

40.42

$75,947 (36 hours/week)

April 1, 2013 – 3%

41.63

$81,496 (37.5 hours/week)

(Because of the move to a 37.5 hour week, annual wages for nurses working full time will increase a total of 7.17% effective April 1, 2013). * at Level 1 Step 9 Mileage allowance

Mileage allowance increases from 50 cents to 52 cents per kilometre, effective Nov. 1, 2012 for nurses using their own vehicle to provide services. This provision especially benefits nurses working in the community.

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update magazine October 2012 Special Edition

11

Responsibility pay in the community

CH1 level nurses will receive responsibility pay when relieving in a higher rated position or designated in charge on evenings and weekends.

Family Day Stat

The new Family Day stat in February has been added to the list of statutory holidays in Article 39.

Ratification Vote Voting on provincial collective agreement takes place October 18th

Early Retirement Incentive for Long-Term Disability

To encourage more employees on LTD to apply for the Early Retirement Incentive Benefit, they may choose to maintain their extended health benefits coverage to age 65 (excluding MSP and dental), with the premiums cost-shared 50:50 between employer and employee.

Sick bank cash-out for new hires

Effective January 1, 2013 new employees will not be entitled to cash in their sick leave credits. The ability to receive a 40 percent pay-out of sick banks will continue for all current employees upon retirement.

However, in negotiations for the provincial contract extension in 2009, members clearly indicated their preference for receiving sick leave through a STIIP (Short-Term Illness and Injury Plan) as opposed to the current system of bankable sick days.

Progress toward achieving a STIIP has so far been limited to reducing the waiting period for long-term disability from five months to four. But the discussion has highlighted that accumulating unused sick days as a potential retirement cash-out is not the most appropriate way to structure sick leave.

Withdrawing the retirement cash-out for new hires confirms that sick time is for nurses to access when they are sick.

In future rounds of bargaining members may want to address this issue by making improved severance pay upon retirement a priority. update

RatVote_SpEd_2012_finaledits.indd 11

Who’s eligible to vote?

Most, but not all, BCNU members are eligible to vote for the new contract.

The proposed new provincial contract affects all BCNU members who are covered by the Provincial Collective Agreement (PCA). That includes all Registered Nurses and Registered Psychiatric Nurses who deliver care in the unionized public healthcare sector for one of the six health authorities or their affiliates.

Currently, about 90 percent of all BCNU members work under the PCA and are therefore eligible to participate in the ratification vote on October 18.

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12

All full-time, part-time, casual nurses and BCNU members working in undergraduate/employed student nurse positions, all nurses on maternity leave, LOA, WCB and LTD are eligible to vote.

Nurses currently on the recall list and any who have received displacement notices within the past year (one year prior to October 18th 2012 - the date of the ratification vote), who are covered by the PCA, are also eligible to vote.

For bargaining purposes, affected members are grouped into the government-mandated Nurses’ Bargaining Association. (NBA). The NBA bargaining committee is led by BCNU, but it also includes members of the Union of Psychiatric Nurses and the Health Sciences Association. A very small number of members of other unions also belong to the NBA.

Who is not eligible to vote for the new PCA? BCNU members are not eligible to participate in the October 18 ratification vote if they are covered by other contracts, such as the Public Service Agreement and the Facilities Subsector Association’s agreement. In addition, a number of recently de-accredited Long Term Care worksites are covered by the current PCA – but only until we have negotiated a new agreement. Those members will not be able to vote on October 18th (e.g. James Bay Care Centre, Capilano Care Centre, Arbutus Care Centre).

Other BCNU members not covered by the PCA include those working for Sentry Health Services and those under a variety of independent contracts covering private long-term care facilities and Aboriginal communities.

The proposed NBA agreement does affect all our members. For example, the gains made by BCNU in the PCA may often impact members covered by other contracts by establishing a new set of goals to achieve in their next round of bargaining. update

RatVote_SpEd_2012_finaledits.indd 12

Funding Secured for Training and Education The proposed contract includes money for three funds for nurses’ training and education. These were previously reported as agreements in principle reached last spring, and include: • Training/Education partnership Fund $900,000/year to minimize job loss or disruption caused by displacements, help nurses transition into new roles or positions, in particular difficult to fill positions or for other needs as mutually agreed • Prevention and Assistance Fund $1,000,000/year to prevent employees from being off work or to help them return to work earlier • New Nurses Assistance Fund $500,000/year to help nurses, including internationally-educated nurses, to become qualified to practice in BC and support them to be successful in the workplace.

New funding for responsive shift scheduling The proposed agreement revives the successful project begun several years ago to help nurses create shift schedules that are responsive to their needs, while meeting managers’ operational requirements.

Two BCNU and two employer RSS positions will help provide education, support and tools to develop responsive shift schedules.

They will also develop a new provincial searchable master rotation database to serve as a provincial repository for approved master work schedules/rotations.

2/18/2013 11:58:06 AM

update magazine October 2012 Special Edition

Key Agreements Reached on Community Health Nursing

The Proposed Provincial Collective Agreement contains numerous improvements to address many of the unique challenges facing community nurses Breakthrough achieved on vacation backfill for community nurses Community nurses report that failure to provide backfill while they are on vacation is a serious workload concern. The Nurses’ Bargaining Association has finally broken through the barrier to providing this relief. Under the proposed agreement “community nurses will be replaced for at least two weeks of vacation each year and the Employer will make all reasonable efforts to replace those vacation leaves using regular relief/float positions.” This provision comes into effect January 1, 2013.

Improved guidelines for safe use of personal vehicle The existing collective agreement language related to safety equipment, mileage and usage compensation has been expanded to tackle the difficult question of nurses who are faced with transporting patients and clients in their personal vehicle.

This practice not only puts nurses’ safety at risk, it can also create difficult circumstances if bodily fluids contaminate their vehicles. The NBA presented graphic examples of this problem and the employer and the union have now agreed “to jointly develop guidelines regarding the safe transport of patients/clients. Included will be guidelines related to risk and patient and nurse safety.”

RatVote_SpEd_2012_finaledits.indd 13

13

The mileage compensation will increase to 52 cents (up from 50 cents) per kilometre on November 1, 2012. This applies in both Article 29.06 (Call-Back Travel Allowance) and Article 57.02.

Peoplework not Paperwork: commitment to review electronic tools During negotiations, a group of community nurses presented information about the burden of paperwork and electronic data collection systems that reduced the amount of time they can spend with their clients.

After hearing these heart-felt stories, the Ministry of Health has entered into a Memorandum of Understanding to review assessment systems and gauge their effect on community health nursing.

Representatives from the NBA, health employers and the Ministry of Health will form a Steering Committee, and their “shared objective is an improved assessment system and increased opportunities... for direct interaction with clients and their families.”

Community-based nurses at the point of care and their managers will be consulted as well as others identified by the Steering Committee. The Steering Committee will report to an associate deputy minister no later than January 15, 2014, “with recommendations for improving the current assessment systems, and reflecting the consultation, unless another date is agreed to by the Steering Committee.” The Ministry of Health will then implement recommendations that it “determines will be most effectively serve the needs of clients and their families.”

Special Wage Rate for Long Term Care Case Managers removed, but nurses “green circled” Since an arbitration award in 1999, nurses working as Long Term Care Case Managers were paid at a special rate assigned to their classification as Level 1.5. Effective 30 days after the ratification of the proposed Collective Agreement, this 1.5 wage rate of pay will end. However, nurses currently paid at this rate (and any hired before the effective date) will be “green circled.” This means they will continue to be paid at their current wage and will receive any future wage increases.

The special rate for Pine Free Clinic Nurses will remain the same. update

2/18/2013 11:58:08 AM

14

Benefits: Achieving efficiencies without sacrificing gains

E

mployers in all sectors have been faced with rising benefits costs since the economic downturn of 2008. Many are saying that if costs cannot be contained, the long-term sustainability of employer-sponsored benefit programs will be in jeopardy.

This is the message we heard at the bar-

benefits plan.

We are aware that rising benefits costs are a serious issue – a reality we acknowledged in the 2010 extension of our current agreement. We also recognize that we can assume some responsibility for keeping our plan affordable and sustainable.

Our preference is to explore ways of achieving efficiencies that don’t require nurses to sacrifice our acquired gains.

For example, the Enhanced Disability

BCNU believes there may be options for reorganizing and modernizing our benefit plans that would achieve efficiencies and at the same time move them towards increased individual choice. gaining table. According to HEABC negotiators, annual benefit costs – from dental to paramedical and long-term disability – form a rising share of total compensation. Last year they amounted to $6294 dollars per nurse (not including MSP).

As a result, HEABC introduced a “cornerstone” proposal for the cost-sharing of benefits that would have seen nurses paying 25 percent of premiums. However, BCNU firmly rejected the idea of nurses paying any share of the total costs of funding our

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Management Program that we initiated in 2009 provides a process for addressing costs associated with long-term disability.

BCNU believes there may be options for reorganizing and modernizing our benefit plans that would achieve efficiencies and at the same time move them towards increased individual choice. This would require some changes to existing benefits, but could also see the addition of new ones – from health spending accounts that give members tax-free funds to purchase or top-

up various benefits, to wellness accounts that would cover fitness costs, or to simply increasing coverage in key areas.

Joint Benefit Review Committee

The proposed Provincial Collective Agreement sees the establishment of a Joint Benefit Review Committee that will allow nurses and employers to explore opportunities to make our benefit plans more cost-effective without sacrificing overall value to members. It will also be tasked with identifying cost-containment options to ensure long-term sustainability.

The JBRC would report to the parties with recommendations by December 31, 2013.

The current BCNU benefit package is one of the best in Canadian healthcare, and the only nurses’ contract where the employer pays 100 percent of the costs.

Our last contract improved this package further, adding dual dental, orthotics, contraceptives, psychologist services and higher vision coverage.

We are proud of these gains – and we believe that a joint approach to managing the plan through flexible benefit programs is a reasonable strategy to reduce cost uncertainties for employers while increasing the plan’s value to our members.

Extended Health Care Drug Coverage Improvement

A regularly prescribed drug, Prometrium, will now be covered under our plan as of November 1, 2012. A review of the top one hundred drugs used by BCNU members revealed that all but nine were listed by BC’s PharmaCare plan.

Of the nine not listed, eight were available through PharmaCare under “special authority,” which involves an application made directly by your doctor. Prometrium, wasn’t on either list.

Primary coverage for prescription drugs is provided via BC’s PharmaCare Program, which keeps a comprehensive list of approved drugs available to registered members. update

2/18/2013 11:58:08 AM

update magazine October 2012 Special Edition

Toward a Safe and Healthful Workplace

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Key agreements reached on violence and mental health ost nurses experience violence in the workplace, or the threat of it, at some point in their career, but some nurses work in situations where they experience it more routinely. The most common form of violence is verbal abuse, but in a sector like psychiatric nursing, the risk of physical violence is elevated.

All unions in the Nurses’ Bargaining Association share a strong commitment to minimize exposure to violence through education, better workplace design, improved supports, and above all, safe staffing levels.

This year the NBA tabled proposals to address workplace violence and reduce the vulnerability of psychiatric nurses (RPNs and RNs) who are often dealing with problem clients or patients in unsafe work settings. The NBA’s goal was to translate the positive

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sentiments in the existing Memorandum of Understanding (Appendix G - Addressing Workplace Violence and Respect in the Health Workplace), into concrete actions that better protect and support nurses.

To help build safer workplaces the bargaining team successfully negotiated an agreement with Health Employers Association of BC that will mandate the following actions (under Article 32.03 Safe Workplace) after a work-related traumatic incident: • critical incident stress defusing shall be provided to affected employees • critical incident stress debriefing or appropriate support shall be offered • appropriate resources will be available as soon as possible after incident • employees attending debriefing will be given time off without loss of pay.

In addition, Article 32.03 (D), which provides orientation or in-service training for safe performance of work, now includes a provision for new-hires in community mental health or jobs with a similar client population to be given a minimum three weeks orientation or in-service, to include: • job shadowing with an experienced nurse • familiarization with available patient resources • development of environmental assessment skills • familiarization with client population • development of appropriate care plans • ground rules for safe visitation.

A new clause also obliges employers to provide employees with violence prevention training based on the program designed by the Provincial Violence Steering Committee.

Finally, a new Occupational Health, Safety and Violence Prevention Committee will be created, and will be funded annually with 25 percent ($1.29 million) of the Enhanced Disability Management Program costsavings allocated for prevention to identify priorities for OH&S and violence initiatives.

Taken together, these agreements significantly advance nurses’ efforts to achieve a safe and healthful workplace. update

2/18/2013 11:58:09 AM

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Other contract changes The proposed agreement includes other changes to the Provincial Collective Agreement. Some have been reported earlier; others were negotiated in the final weeks of bargaining. All the language provisions are available on the Member Portal at www.bcnu.org. Here are some highlights.

the LTD waiting period will be shortened by one month, from five months to four. Members waiting for LTD will have their medical, dental, extended health group life and accidental death and disability benefits paid, once the member has used up all sick leave credits and any other paid leaves to which they are entitled. (funded with residual monies from the 2010-12 contract extension).

Eight new full-time steward

positions have been created (funded with residual monies from the 2010-12 contract extension and took effect April 1, 2012).

Twelve new union disability management reps will adminis-

ter and promote the Early Return to Work/Disability Management program (funded from cost savings from improved disability management).

Union leave (Article 44) – the

Employer will make all reasonable efforts to grant leaves that are subject to operational requirements, including taking into consideration the amount of notice provides. Leave request will be granted within 14 days.

Casual register (Article 11.04 [D]) – for selection purposes, the employer will use seniority hours from

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the last date on the payroll period immediately before the posting closing date.

Streamlined grievance/ arbitration process (Articles 9

and 10) – The proposed contract eliminates the Industry Troubleshooter from the grievance/arbitration process and establishes a streamlined arbitration process similar to that already being used in Interior Health and on Vancouver Island, to expedite the handling of grievances by referring certain types of grievances to an alternative dispute resolution process.

Probationary period in the community (Article 14 [B]) – The

longer probationary period for regular part-time CH1 nurses as compared to other regular part-time nurses has been eliminated.. Probation is now established as three months for all employees.

Temporary appointments

(Articles 17.01 and 17.02) – Postings for vacancies will now include the worksite (needed for health authoritywide seniority). Where an applicant for a posted position is not available to start within four weeks of the date the appointment is to begin, the employer won’t be required to consider the application.

Increasing or decreasing regular part-time employee FTE (Article 17.05) – The threshold

for triggering displacement has been increased from 0.03 FTE to 0.08FTE. Where displacement is triggered, the part-time employee may waive displacement and select a line on the rotation.

First consideration (Article

18.01) – When employees are applying for a vacancy in the same job and same classification in their home unit or program, they will be deemed qualified and competent and will not have to be interviewed.

Filling vacancies (Article 18.02) – The employer will make all reasonable efforts to place a successful employee in the position within 30 days of the posted start date.

OH&S Investigations (Article 32.01) – Union representation of Joint Occupational Health and Safety Committees is strengthened. Accident investigations will include the union OH&S representative if their inclusion doesn’t delay the investigation.

Streamlining of job descriptions – There’s an agree-

ment that the number of job descriptions should be consolidated. A qualifications review committee will examine qualifications required for various jobs, particularly general duty jobs not requiring a speciality training course. The committee will make recommendations about qualifications considered not reasonable, relevant or consistent. The union is no longer obligated to object to new job descriptions in order to avoid having them considered established. We can now file grievances over job descriptions whenever a substantive dispute arises.

Employers will reduce job descriptions to a total of 60 per health authority by March 31, 2014. update

2/18/2013 11:58:10 AM

update magazine October 2012 Special Edition

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Progress made on Professional Issues New Professional Responsibility Form language will provide a streamlined, responsive process for nurses’ professional, safety and workload concerns

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egotiations for a new Provincial Collective Agreement would not be complete without proposals to improve Article 59 – the Professional Responsibility Clause.

BCNU has long recognized the need for a Professional Responsibility Form (PRF) process that supports nurses presenting their concerns to key decision-makers and allows for greater dialogue and collaboration in the workplace at the local level.

The new language will give nurses the ability to immediately document concerns

resolved to the nurse’s satisfaction within seven calendar days of receipt of the written response, the nurse may submit the PRF to the PRF committee. The meeting of the committee will be held within 14 days of receipt of the PRF. All PRF committees will operate in accordance with mutually agreed to terms of reference and guiding principles.

The PRF committee will have 30 days to attempt to resolve the identified concerns and to submit a final report to the nurse and the union identifying the actions to be taken and the timeline for implementa-

new language will give nurses the ability to immediately document concerns on an easier-to-use PRF to help them present heir issue to their excluded manager. on an easier-to-use PRF to help them present issues to their excluded manager. The preferred communication method is faceto-face but telephone, video conferencing or email can be used where needed.

The “conversation” with the excluded manager will occur within 72 hours of the nurse identifying her concerns and the excluded manager will have 72 hours to provide a written response, outlining actions to be taken. If the matter is not

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tion. If the identified concerns cannot be resolved at the PRF committee level or the identified actions are not implemented, the union may refer the matter forward.

Each Health Authority/Providence Health Care shall establish a Senior Review Committee (SRC) consisting of a Chief Operating Officer (or functional equivalent) or the Chief Nursing Officer (or functional equivalent) and one senior representative appointed by BCNU.

Upon receipt of the report from the PRF committee, the SRC will review and issue recommendations in a written report to the union and the employer within 60 days of referral.

Any recommendations that are unanimous will be binding and will be implemented. Recommendations that are not unanimous will not be binding but will be detailed in a written report issued to the union and the employer for further consideration.

PRF language attached to affiliate employers will mirror the above up to and including the PRF committee. If the concerns are not resolved to the union’s satisfaction at this level it will be referred to the Board of Directors (or functional equivalent). The Board of Directors will respond to the union in writing within 14 calendar days.

These new changes will support our goal of resolving issues related to nursing practice conditions, patient and nurse safety, and heavy workload in a collaborative, timely fashion. The parties have also agreed to develop an education plan to ensure nurses and their managers have a common understanding of the process. update

2/18/2013 11:58:12 AM

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Who Can Help?

BCNU is here to serve members

BCNU CAN. Here’s how you can get in touch with the right person to help you.

CONTACT YOUR STEWARDS For all workplace concerns contact your steward. regional reps If your steward can’t help, or for all regional matters, contact your regional rep. EXECUTIVE COMMITTEE For all provincial, national or union policy issues, contact your executive committee.

executive committee PRESIDENT Debra McPherson W 604-433-2268 or 1-800-663-9991 Voice Mail #2713 dmcpherson@bcnu.org VICE PRESIDENT Christine Sorensen C 250-819-6293 W 604-433-2268 Voice Mail #2141 christinesorensen@bcnu.org treasurer Mabel Tung C 604-328-9346

W 604-433-2268 Voice Mail #2255 mtung@bcnu.org executive councillor Marg Dhillon C 604-839-9158 W 604-433-2268 Voice Mail #2733 mdhillon@bcnu.org executive councillor Deb Ducharme C 250-804-9964 W 1-800-663-9991 Voice Mail #2868 dducharme@bcnu.org

regional reps Vancouver Metro Colette Wickstrom Chair C 604-789-9240 W 604-433-2268 Voice Mail #2783 cwickstrom@bcnu.org

Central Vancouver Judy McGrath Co-Chair C 604-970-4339 W 604-433-2268 Voice Mail #2802 jmcgrath@bcnu.org

Coastal Mountain Kath-Ann Terrett Chair C 604-828-0155 W 604-433-2268 kterrett@bcnu.org

Diane LaBarre Co-Chair C 604-341-5231 W 604-433-2268 Voice Mail #2722 dlabarre@bcnu.org

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Shaughnessy Heights Claudette Jut Chair C 604-786-8422 W 604-433-2268 Voice Mail #2737 claudettejut@bcnu.org

East Kootenay Patt Shuttleworth Chair C 250-919-4890 W 1-800-663-9991 Voice Mail #2751 pshuttleworth@bcnu.org

RIVA Lauren Vandergronden Chair C 604-785-8148 W 604-433-2268 Voice Mail #2763 laurenvandergronden@bcnu.org

North West Sharon Sponton Chair C 250-877-2547 W 1-800-663-9991 Voice Mail #2810 sharonsponton@bcnu.org

Simon Fraser Liz Ilczaszyn Co-Chair C 604-785-8157 W 604-433-2268 Voice Mail #2760 lilczaszyn@bcnu.org

North East Jackie Nault Chair C 250-960-8621 W 1-800-663-9991 Voice Mail #2772 jacquelinenault@bcnu.org

Debbie Picco Co-Chair C 604-209-4260 W 604-433-2268 Voice Mail #2700 dpicco@bcnu.org

Okanagan-Similkameen Laurie Munday Chair C 250-212-0530 W 778-755-5576 Voice Mail #2719 lmunday@bcnu.org

South Fraser Valley Cheryl Appleton Co-Chair C 604-839-8965 W 604-433-2268 Voice Mail #2773 cappleton@bcnu.org Lisa Walker Co-Chair C 604-880-9105 W 604-433-2268 Voice Mail #2747 lisawalker@bcnu.org Fraser Valley Linda Pipe Chair C 604-793-6444 W 604-433-2268 Voice Mail #2734 lpipe@bcnu.org West Kootenay Tina Coletti Chair C 250-354-5311 W 1-800-663-9991 f 250-352-9313 Voice Mail #2725 tcoletti@bcnu.org

Thompson North Okanagan Tracy Quewezance Chair C 250-320-8064 W (250) 374-5111 ext. 3269 tquewezance@bcnu.org South Islands Adriane Gear Co-Chair C 778-679-1213 W 1-800-663-9991 Voice Mail #2727 adrianegear@bcnu.org Margo Wilton Co-Chair C 250-361-8479 W 1-800-663-9991 Voice Mail #2685 mwilton@bcnu.org Pacific Rim Jo Taylor Chair C 250-713-7066 W 1-800-663-9991 Voice Mail #2774 jtaylor@bcnu.org

2/18/2013 11:58:13 AM

update magazine October 2012 Special Edition

your bargaining committee

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1. Patt Shuttleworth 2. Meghan Friesen 3. Linda Partington 4. Graham Hopkins, UPN 5. Peggy Dyke 6. Gary Fane, Executive Director of Negotiations & Strategic Development 7. Doug McLaren, UPN 8. Debra McPherson 9. Dan Murphy, UPN 10. Jessica Bowering 11. Jessica Celeste 12. Linda Moss 13. Tina Coletti 14. Pat Blomme, HSA 15. Doreen Fleming 16. Donna Bouzan 17. Val Barker, HSA 1

the people

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6 7 9

8 5

10 11 12 13

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2/18/2013 11:58:40 AM

Proposed Provincial Collective Agreement

Ratification Vote October 18, 2012 Your BCNU Council and Bargaining Committee recommend you

vote yes

For voting times & locations • check your BCNU bulletin board • talk to your stewards or regional chair • visit BCNU.ORG

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2/18/2013 11:58:46 AM