Your Rights and Entitlements

Knowing your rights under the collective agreement is crucial to ensuring that you are fairly compensated by the employer. Understanding when double time is applicable helps you accurately track your pay and empowers you to make informed decisions about accepting additional shifts. Understanding the complexities of Article 14.06 guarantees that you receive the full benefits that you are entitled to as members of ONA34.

When Double Time is Paid Under Article 14.06?

Double time is paid under this article when:

1. A nurse is called back to work from standby:
   • A nurse is scheduled for standby/oncall.
   • The nurse has left the unit and is called back to work.
   • The nurse is entitled to a minimum of four (4) hours pay at the rate of double time.
   • The minimum of four (4) hours applies to every callback during a standby shift (i.e. the nurse has finished work and left the unit and then called back again).

2. A full time or regular part-time nurse is scheduled and works a partial shift:
   • A partial shift is a shift that falls outside of the normal daily shifts as defined in Articles 13.01 and 13.02.
   • Articles 13.01 and 13.02 define normal daily shifts as either 7.5 hours or 11.25 hours.
   • Any shift that is less than a regularly scheduled shift length.

3. A full time or regular part-time nurse is called back to work less than 24 hours from the end of their last shift worked:
   • A nurse has completed their shift and left the hospital.
   • The nurse is called and asked to return to work with less than 24 hours from the end of their last shift worked.
   • Agreeing to work the shift does not waive entitlement to the double time premium.
   • The key to this provision is there is a requirement for the nurse to have gone home. If the shift is booked while the nurse is still on duty, the double time payment does not apply.

When does a shift NOT attract double time?

• If a nurse is asked and agrees to come in for a 4-hour shift from 15:00-19:00 and the unit occasionally schedules shifts of that length at that time, this would not be a partial shift and would not attract double time premium.
• A full-time or regular part-time nurse is called in before the start of a 12-hour shift; although they cannot work the whole shift; they come in for the last few hours. This would not attract double time because the nurse was requested to work the full shift and chose to only work part of the shift.
• While on shift, a full-time nurse is offered an additional shift for the day. This additional shift would be paid at time-and-one-half because the nurse had not left the hospital when they were asked to work the additional shift.

Summary:

Article 14.06 is a relatively short article but contains three main scenarios when members are entitled to double time. The individual fact scenarios are very important to determining whether double time is applicable or not.

If you are unsure whether a shift attracts double time under Article 14.06, please reach out to ONA directly at local034@ona.org.

Your collective agreement contains different processes to address different kinds of problems/complaints in the workplace. Knowing which one applies helps make sure your concern is handled properly. Below is a high-level summary of the various processes available to members.

1. GRIEVANCE PROCESS: This process is built into the collective agreement and is mainly used to address to discipline (warning, suspensions, terminations) and violations of terms of the collective agreement (scheduling violations, denying vacation requests, etc.) You can learn more about grievances here.
   • When it’s used:
     • Discipline (warnings, suspensions, termination).
     • Violations of the collective agreement (e.g., scheduling, pay, vacation, job posting rules).
   • How it works:
     • A formal complaint is filed by the union.
     • Moves through steps with management.
     • If not resolved, may go to arbitration.
   • Goal: Protect your rights under the collective agreement and ensure fairness in discipline.

2. WORKLOAD PROCESS: This process is designed to address situations where patient assignments are unsafe. The focus is on documenting the staffing and workload concerns. By filing a workload complaint, you flag that CNO standards, patient safety, or your ability to perform your job properly are being compromised.
   • When it’s used:
     • Patient/resident/client assignments are unsafe or unreasonable.
     • Staffing levels or care demands prevent you from doing your job properly.
   • How it works:
     • You complete a workload report form.
     • Reviewed by the manager, union and member(s) to address and resolve the concerns identified in the workload complaint.
     • If not resolved, complaint may be escalated.
   • Goal: Find solutions to improve staffing, safety, and workload issues.

3. HARASSMENT COMPLAINTS: This process is designed to address concerns related to bullying, harassment, or poisoned work environment.
   • When it’s used:
     • Harassment, bullying, or disrespectful workplace behaviour.
     • Poisoned or unsafe work environment.
   • How it works:
     • Complaint filed through employer’s harassment policy.
     • ONA supports you through the process.
   • Goal: Ensure a safe, respectful, and harassment-free workplace.

4. HEALTH AND SAFETY COMPLAINTS: This process is designed to address concerns related to workplace hazards and safety concerns.
   • When it’s used:
     • Workplace hazards including unsafe equipment, unsafe practices, workplace violence, risks, and lack of personal protective equipment.
     • Situations that could cause injury or illness.
   • How it works:
     • Report any hazards to your manager immediately.
     • If not resolved, escalate to the Joint Health & Safety Committee.
     • ONA supports you through the process and ensure proper follow up to the concern.
   • Goal: Identify, reduce, and eliminate hazards to keep everyone safe at work.

Summary:

• Grievance = Discipline or contract violations
• Workload = Unsafe/unreasonable assignments
• Harassment = Bullying or harassment in the work environment
• Health & Safety = Hazards, unsafe practices, or risks of injury/illness

These processes may be filed independently or in conjunction with each other. ONA34 can assist you with determining which process will best address your concerns.

Please reach out to ONA34 at local034@ona.org if you have any questions or concerns or would like to better understand any of the process outlined above.

Understanding your rights and entitlements under the collective agreement is important for ensuring that you receive all of the benefits of being an ONA member. Your collective agreement contains the right for all ONA34 members to receive five consecutive days off at either Christmas or New Years.

Five Days at Christmas can look like any of the following (mandatory days in bold):

• December 22, 23, 24, 25, 26
• December 23, 24, 25, 26, 27
• December 24, 25, 26, 27, 28

Five Days at New Years can look like any of the following (mandatory days in bold):

• December 28, 29, 30, 31, January 1
• December 29, 30, 31, January 1, 2
• December 30, 31, January 1, 2, 3
• December 31, January 1, 2, 3, 4

Members have asked if they can be granted both periods off. If operationally both periods can be granted off then this should be done on the basis of seniority.

The scheduling language is included below for your ease of reference:

D.1 (h) Christmas/ New Years’ Scheduling

All employees will receive at least five (5) consecutive days off or more, at either Christmas or New Year, except in areas which normally are not scheduled to work on weekends or paid holidays.

Time off at Christmas shall include December 24, December 25 and December 26 and time off at New Year shall include December 31 and January 1 and either December 30th or January 2nd unless otherwise mutually agreed.

The Manager will post for preferences for time off at Christmas or New Year from September 15th to October 15th of each year. Regular scheduling dates may be waived between December 15 – January 15. Christmas/ New Years’ schedules shall be posted no later than November 15th for the Holiday period (December 15th to January 15th).

Conflicts related to employees requesting the same scheduling periods off shall be resolved on the basis of what the employees were scheduled for the preceding year. In the event two (2) employees were scheduled for the same holidays the preceding year, seniority will be the deciding factor. In circumstances where employees may be granted both the Christmas and New Year’s period off such approval will be given on the basis of bargaining unit seniority.

Employees who have not indicated their preference by the stated deadline will have their time off assigned at the discretion of the Manager.

The weekend scheduling regulations may be put aside during the period of December 15th to January 15th to facilitate the scheduling of days off at Christmas and New Year.

We hope that this helps to clarify.

If you require workplace accommodation due to a medical condition, disability, or other protected grounds under human rights legislation, it is important to know your rights and entitlements under your collective agreement. ONA34 is here to ensure that your employer meets their legal and contractual obligations to support you in the workplace.

Your Right to Workplace Accommodation

Under your collective agreement and the Ontario Human Rights Code, your employer has a duty to accommodate your needs to the point of undue hardship. This applies to:

• Medical conditions or disabilities (temporary or permanent).
• Pregnancy-related needs.
• Family status (e.g., caregiving responsibilities).
• Religious observances.

What Does Accommodation Look Like?

Workplace accommodations can vary depending on your specific needs and the nature of your job. Some examples include:

• Modified duties or workload adjustments.
• Flexible scheduling or reduced hours.
• Assistive devices or ergonomic supports.
• Temporary or permanent reassignment.

How to Request Accommodation:

1. Inform Your Employer
   • Notify Employee Health and Wellness (Occupational Health) as soon as possible about your need for accommodation.

2. Provide Supporting Documentation
   • Your employer may require medical documentation outlining any restrictions or limitations.
   • Your employer is entitled to the nature of illness (not diagnosis), physical limitations, and restrictions, treatment plan, whether your limitations and restrictions are expected to improve (and if so, expected timeline for improvement).

3. Contact ONA34 for Support
   • ONA34 can assist you in navigating the accommodation process and ensuring your rights are upheld.
   • Please contact ONA34 at local034@ona.org if you have any questions about accommodation or require a workplace accommodation. ONA34 is here to advocate for you and assist you through the workplace accommodation process.

Return-to-Work & Accommodation Plans

• If you are returning to work after an illness or injury, your employer must work with you, your healthcare provider, and ONA to create a return-to-work plan that supports a safe and sustainable transition back to work.
• Please ensure that ONA34 is notified of any return-to-work meetings. ONA will attend these meetings with you to advocate and support your through the return-to-work process.

What If Your Accommodation Request Is Denied?

• If your employer refuses to accommodate you or is not meeting their obligations, ONA34 can intervene on your behalf. You have the right to challenge an employer’s decision through the grievance process.
• Please contact ONA34 at local034@ona.org if your accommodation request is denied. The sooner that ONA34 is contacted the faster ONA34 can act on your behalf.

Need Assistance?

• If you require workplace accommodation or have concerns about your rights, please reach out to ONA34 at local034@ona.org for support.

Quick Tips:

• The employer is not entitled to your medical diagnosis.
• Members are entitled to ONA representation at accommodation and/or return-to-work meetings with the employer.
• The employer is obliged to accommodate you up to the point of undue hardship.
• Contact ONA34 as soon as possible if you require accommodation or modified duties or if your request for accommodation is denied.

ONA34 is committed to advocating for fair and inclusive workplaces where every member’s needs are respected.