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REPLACEMENT GRIEVANCE SETTLEMENT AGREEMENT BETWEEN BCNU/MOH/HEABC, AND IMPLEMENTATION PLAN 2015 Presented at leadership conference 2015 Gayle Duteil, BCNU President May 13, 2015
REPLACEMENT GRIEVANCE
SETTLEMENT AGREEMENT BETWEEN
BCNU/MOH/HEABC, AND
IMPLEMENTATION PLAN 2015
Presented at leadership
conference 2015
Gayle Duteil, BCNU President
May 13, 2015
2
INTRODUCTION AND BACKGROUND
3
BACKGROUND
As a result of various discussions between Deputy
Minister of Health Stephen Brown, HEABC and
Health Authority CEOs, and the BCNU, Deputy
Minister Brown wrote a letter to BCNU President
Gayle Duteil acknowledging that there had been
“shortcomings in the implementation of some of the
agreements” entered into as part of the 2012 – 14
Collective Agreement.
4
BACKGROUND
BCNU had filed over 1,600 grievances, covering
over 10,000 unfilled shifts. The grievances were the
basis of the various discussions between the
Parties. There were also discussions regarding over
95,000 shifts which BCNU claimed had not been
filled in accordance with the collective agreement.
Deputy Minister Brown proposed an approach to
resolve a number of outstanding problems under a
collaborative and constructive labour environment =
A Protocol Agreement.
5
BACKGROUND
Protocol Agreement provided for a 3-person Arbitration Board (“Board”) to hear evidence and assist the Parties to resolve disputes from violations of these PCA MOUs:
• Community nurses replacement
• Additional patient demand
• Regularization of hours
• Acute care/long term care staff replacement
• Acute care/long term care staff replacement – short term absences
6
BACKGROUND
The Parties mutually agree to engage in a series of
discussions and meetings with the objective of
achieving the following by March 31, 2015:
• a Board ruling on PCA language interpretations
• a Board decision consisting of remedy for contract
breaches
• a set of agreed guidelines to facilitate the parties
implement staffing-related initiatives
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CHRONOLOGY OF MEETINGS
8
CHRONOLOGY
To ensure successful outcome, the Parties’
representatives engaged in discussions and
meetings from March 18 to April 1, 2015:
Parties:
• BC Nurses’ Union
• “The Employer”:
• Ministry of Health
• HEABC
• Health Authorities/Providence
• 3-Person Arbitration Board
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CHRONOLOGY
1st Set of Meetings “Arbitration Hearing”:
March 18: BCNU preparation meeting with Council,
Bargaining Committee, Full-Time Stewards, staff
March 19: Day 1 of Hearing; all parties present
March 20: Day 2 of Hearing; all parties present
Outcome: produced useful information for Board to
make a ruling.
10
CHRONOLOGY
2nd Set of Meetings “Preliminary Negotiation”:
BCNU met with Employer and Arbitration Board on the
following dates to discuss and negotiate various issues
on which the Board will make a ruling.
March 21, 22, 23, 25, 26
Outcome: the Board issued their decision on March 26
re: Employer’s PCA violations.
11
CHRONOLOGY
Final Set of Meetings “Final Negotiation”:
To finalize negotiations on issues that the Board had
made a ruling, the Parties continued to meet on:
March 27, 28, 29, 30, 31, April 1
Outcome: Health Authorities/BCNU/MoH, under the 3-
person Arbitration Board, signed a grievance settlement
agreement on April 1, and is enforceable immediately.
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KEY POINTS OF MARCH 26
ARBITRATION BOARD DECISION
ON PCA LANGUAGE INTERPRETATIONS
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KEY POINTS – INTERPRETATION OF THE
WORD “WILL”
“It is the opinion of the Board that the parties agreed
to a higher standard in choosing the word “will” as it
relates to staffing at acute and long term care
facilities with 20 beds or more.”
“The Employer’s obligation is that it “will” replace
absent nurses unless the exception applies.”
“The higher standard is consistent with the package
of staffing commitments included in the NBA
collective agreement.”
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KEY POINTS – INTERPRETATION OF THE
WORD “WILL”
“In relying on the exception, the Employer must
have scheduled staff to baseline in the first place
and meaningful consultation must take place
between the manager and nurse in charge.”
“…existing gap between vacant positions and filling
them was/still is unacceptably large, and the
employers are required to narrow that gap
significantly.”
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BOARD’S RECOMMENDATIONS
• Parties to focus on staffing enhancement as per
PCA
• Gap needs to be reduced through proper staffing
• Parties to consider measures to recruit nursing
staff for harder to fill positions throughout the
province
• Employers must provide nurses with proper
specialty training by securing spots at accredited
educational institutions
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BOARD’S RECOMMENDATIONS
• Develop/implement proper technology for use in
calling-ins. Selection of technology should be
made in consultation with the Union.
• Parties to consider establishing a Best Practice
Committee to problem-solve.
• Training of in-charge nurses and managers.
• Employer to make a monetary payment to BCNU
as damages to provide to individual grievors.
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BOARD’S RECOMMENDATIONS
• “The purpose of the solutions recommended by
the Board is to repair the trust that has been
damaged and to create a constructive
environment for moving forward in the next round
of collective bargaining.”
• “The interpretation of the collective agreement
language provided herein should serve as the
foundation of any interpretation in the arbitration
process to be established in Part 2 of the
Protocol Agreement.”
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KEY POINTS OF APRIL 1
GRIEVANCE SETTLEMENT AGREEMENT
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> $2 million to members for
damages
> $5 million for specialty nurse
training
> $2 million to support
application of the Protocol
MOUs to community nurses
which may include technology
application
> $1 million for increased RN
staffing
> Ongoing rules enforcement
> Scheduled arbitration hearing
dates
KEY POINTS – AWARD AND NEW PROCESSES
BCNU can enforce to obtain results via the Replacement Grievance
Settlement and Future Implementation Agreement
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> Committees to collaborative
problem-solve:
• Nursing/Health Authority
Committees (N/HACs)
• Provincial Nursing
Settlement Steering
Committee (PNSSC)
• Joint Training
> Special Dispute resolution
mechanism:
• Notice of Complaint (from
members)
• Notice of Dispute (from
BCNU reps)
• N/HAC (to resolve jointly)
• PNSSC (to resolve jointly)
• Arbitration
Board/Chairperson
KEY POINTS – AWARD AND NEW PROCESSES
Committees to be Established between the Parties:
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MEASURES TO SUPPORT CONTINUED COMPLIANCE
To support continued compliance:
• A joint Nursing and Health Authority
Committee (N/HAC) will be established for each
health authority and Providence Health Care,
composed of 3 persons appointed by each side.
• One of the employer appointees will be at the
Executive Level. BCNU appointees will include a
Coordinator and an elected member of the
Provincial Council.
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MEASURES TO SUPPORT CONTINUED COMPLIANCE
N/HACs will meet monthly or more frequently by
agreement, to:
• Collect, share and review standardized data as agreed by
the Provincial Nursing Committee
• Collaborate in developing, implementing and measuring the
specific health authority/PHC commitments
• Problem solve issues and disputes in relation to compliance
with specific protocol MOUs
• Identify at least 3 priority units to work together to resolve
systemic staffing issues
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MEASURES TO SUPPORT CONTINUED COMPLIANCE
N/HACs will meet monthly or more frequently by
agreement, to:
• Report monthly on compliance and challenges
• Either party may refer disputes to the PNSSC
• Where the PNSSC reaches a consensus decision
with regards to any referred disputes, the N/HAC
will abide by and implement all such decisions.
• All decisions of a N/HAC must be by consensus.
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MEASURES TO SUPPORT CONTINUED COMPLIANCE
To support continued compliance:
MoH, HEABC, and BCNU will establish a Provincial Nursing
Settlement Steering Committee (PNSCC) comprised of:
2 senior representatives from BCNU
1 senior representative from MOH
1 senior representative from HEABC
1 CEO from a designated Health Authority
PNSSC will be co-chaired by the Deputy Minister of MOH and
the Executive Director of BCNU or their respective delegates.
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MEASURES TO SUPPORT CONTINUED COMPLIANCE
PNSSC will:
• Monitor compliance with the Protocol MOUs and provide
direction regarding measures that are required to
enhance compliance.
• Review HA/PHC staffing actions
• HA/PHC will not utilize staffing difficulties to decrease
established baseline staffing levels as of 3/31/2015.
• Jointly problem-solve system-wide and by consensus
• Approve standardized format for data reports
• Share effective solutions and address issues and
disputes referred to it by N/HACs.
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FAST-TRACK STAFFING
DISPUTE PROCESS
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FAST-TRACK “STAFFING DISPUTE” PROCESS
For dispute related to Staffing Language, use this new
process:
• Nurse(s) or BCNU may file a “Notice of Complaint”
alleging breach of one of the PCA staffing provisions
through their BCNU representatives on the N/HAC.
• Prior to filing it, the nurse(s) shall discuss the issue with
their local managers in an effort to resolve any
differences.
• BCNU may bring forward a Notice of Complaint through a
Notice of Dispute to the N/HAC.
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FAST-TRACK “STAFFING DISPUTE” PROCESS
N/HAC may:
• Determine whether a Notice of Dispute has merit or
should be dismissed, and
• Where it finds merit, establish an appropriate remedy
or resolution for the Notice of Dispute.
• All decisions of an N/HAC must be made by
consensus.
• Any dispute that is unresolved at N/HAC may be
referred by either party to the PNSSC.
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FAST-TRACK “STAFFING DISPUTE” PROCESS
PNSSC may:
• Adopt a finding and/or remedy proposed by either party
at the PNSSC, or
• Determine on its own whether a dispute has merit or
should be dismissed, and
• Where it finds that there is merit in a Notice of Dispute,
establish an appropriate remedy or resolution
• Either party to the PNSSC may refer any alleged
violation of the PCA related to staffing to the Arbitration
Board or Chair
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FAST-TRACK “STAFFING DISPUTE” PROCESS
Arbitration Board, or the Chair (after 12/31/2015):
> Must conduct a hearing into the merits of an issue brought
before it and may determine its own processes for the
conduct of the hearing including acting as a
mediator/arbitrator
> The Board will schedule two days of hearing monthly from
June 2015 to December 2015 to hear any Notice of Disputes
> If necessary, the Chair will schedule additional dates
commencing January 21, 2016.
> Board/Chair’s decision is final and binding.
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IMPORTANT DATES/DEADLINES IN
GRIEVANCE SETTLEMENT AGREEMENT
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IMPORTANT DATES AND DEADLINES
April 1,
2015
Settlement Agreement in force.
April
15,
2015
A Nursing/Health Authority Committee (N/HAC) will be
established for each HA and Providence Health Care,
composed of 3 persons appointed by each side.
One of the employer appointees will be at the Executive
Level. BCNU appointees will include a Coordinator and
an elected member of the Provincial Council.
Both parties will appoint its members of an N/HAC no
later than April 15, 2015. N/HACs will meet monthly or
more frequently by agreement. Any Notice of Dispute filed
during April 2015 will be referred to the next scheduled
N/HAC meeting.
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IMPORTANT DATES AND DEADLINES
April 28,
2015
HEABC will provide $2 million to BCNU as damages to BCNU
members who may have been affected by breaches of the
Protocol MOUs and to settle all outstanding BCNU grievances
filed up to and including March 31, 2015.
Ministry of Health will provide the following in respect of issues
regarding the Protocol MOUs:
(a) $5 million for specialty nurse training
(b) $2 million to support the application of the Protocol MOUs to
community nurses which may include technology applications
or equipment
(c) $1 million to support increasing complement of the RN
staffing
The money will be provided to BCNU by April 28, 2015
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IMPORTANT DATES AND DEADLINES
April 30,
2015
MOH, HEABC and BCNU will conduct a joint training session
for all members of N/HACs no later than April 30, 2015.
April 30,
2015
MOH, HEABC and BCNU will establish a Provincial Nursing
Settlement Steering Committee (PNSSC) comprised of:
2 senior representatives from BCNU
1 senior representative from MOH
1 senior representative from HEABC
1 CEO from a designated Health Authority
PNSSC will be co-chaired by the Deputy Minister of MOH and
the Executive Director of BCNU or their respective delegates.
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IMPORTANT DATES AND DEADLINES
April 30,
2015
Specialty Education: the Health Authorities, PHC and
BCNU will work in collaboration to utilize a forecasting
model to identify the short term gaps in specialty nurse
education and develop a plan by April 30, 2015 to start
closing the gap in 2015/16.
The first priority against the additional $5 million will be
to work with BCIT to add another 20 seats for
Emergency specialty education in Spring 2015.
Additional specialty education seats will be added in
the Fall and Winter 2015.
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IMPORTANT DATES AND DEADLINES
May 31,
2015?
Automated Call Out and Vacation Planning: HEABC and Island
Health will provide the NBA with the results of the electronic auto
shift callout technology pilot and the annual vacation request and
approval pilot currently underway. The evaluations will be
discussed at the PNSSC with a view to implementing them
provincially.
May 31,
2015
HAs/PHC Individual Commitment: HAs and PHC will bring
forward additional HA and PHC specific measures to further
support continued compliance with the Protocol MOUs. The
proposed measures will be reviewed by the appropriate N/HACs
in May and brought forward to the PNSSC for final approval. All
approved specific measures will be implemented during the June
to December term of this Settlement Agreement.
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IMPORTANT DATES AND DEADLINES
May 2015
and
October
2015
Expedited Recruitment to Vacancies: In compliance with
Appendix TT of the PCA, the parties will conduct a joint
process to regularize hours in both May and October
2015.
June
2015 –
January
2016
Regularization of Relief: HAs/PHC will complete all
required analysis and approval processes to implement
regular vacation relief positions at a unit or program level
where there are 10 or more baseline FTEs in the same job
and required competencies to commence implementation
January 2016.
HAs/PHC where possible may implement regular vacation
relief positions as set out above starting June 2015.
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IMPORTANT DATES AND DEADLINES
June –
December
2015
The Board will schedule two days of hearing for each
month from June 2015 to December 31, 2015 in order
to hear any Notice of Dispute referred to the Chair
during that period. If necessary, the Chair will schedule
at least two days every two months commencing
January 1, 2016 to hear Notice of Disputes.
The Board appointed under the Protocol will hear all
Notice of Dispute referred to the Chair by until
December 31, 2015. Thereafter, the Chair alone will
hear any referred Notice of Dispute unless the Chair at
his sole discretion determines that the Board should
hear any particular Notice of Dispute.
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IMPORTANT DATES AND DEADLINES
September
30, 2015
Community Nursing: HAs and PHC will fully implement the
community replacement of absences MOU. HAs and PHC will
report out on compliance to the PNSSC for the period April 1 –
August 31, 2015 by September 30, 2015.
A provincial joint working group with a majority membership of
community nurses will be formed within a 6-week timeframe for
the purpose of making recommendations to the PNSSC on
appropriate use of the short form (RAI) assessment.
January
31, 2016
Community Nursing: HAs and PHC will fully implement the
community replacement of absences MOU. HAs and PHC will
report out on compliance to the PNSSC for the period September
1 – December 31, 2015 by January 31, 2016.
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COMMUNITY NURSING
TECHNOLOGY/RAI WORKING GROUP
Chaired by Vice President
Christine Sorensen
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TERMS OF REFERENCE – MEMBERSHIP COMPOSITION
• Working Group to consist of reps from MoH,
BCNU, HEABC and Health Authorities (HAs).
• Co-chaired by BCNU V.P. and a HA rep.
• BCNU will provide a recording secretary for the
Working Group.
• Working Group shall work collaboratively to
implement 2012 - 2014 CA terms; following the
Protocol Agreement signed on 3/12/2015, and
Settlement Agreement signed on 4/1/2015 (all
between MoH, HEABC, NBA).
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SETTLEMENT AGREEMENT STATES:
• $2 million will be provided to put into effect new
technology applications/equipment in
Community Nursing.
• A new Provincial Joint Working Group
consisting of a majority membership of
community nurses, will make
recommendations to Provincial Nursing
Settlement Steering Committee (PNSSC) on
appropriate use of the Short Form (RAI)
Assessment.
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GOALS
• Determine appropriate use of short form RAI
assessment.
• Identity/implement technology applications and
equipment to improve patient care delivery and enhance
safety for community health nurses.
• Address staffing/workload/ways to increase patient
interaction.
Deliverables:
Working Group to provide a written report by 6/30/2015 to
MoH/BCNU/HEABC with crucial steps to implement an
improved RAI tool and technology needs before 12/30/2015.
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JURISPRUDENCE
• Solutions should recognize the diversity settings in
which healthcare services are provided, including
metropolitan, urban, rural, and remote communities.
• Working Group will only address the goals and
deliverables identified. Other concerns related to
Community Nursing will be presented to PNSSC.
Resource/Budget:
Working Group will consult with Telus who provides
contracted tech. services to MoH, BCNU, Health
Authorities. Parties will agree on Data that will be
shared.
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GOVERNANCE
• Decision-making by Consensus. If decision
cannot be reached, Working Group will provide a
report to PNSSC identifying areas of
agreement/disagreement.
Communications:
• Committee meetings held every 2 weeks.
Members attend in person or via conference call.
Between meetings, communication will occur by
email. Response to emails required within 48
hours. An email list will be circulated to all
participants following the first meeting.
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PREVENTION OF WORKPLACE
VIOLENCE
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ADDRESSING WORKPLACE VIOLENCE
Ministry of Health proposes the first phase at
these 4 sites:
• Forensic Psychiatric Unit, Port Coquitlam
• Hillside Centre, Kamloops
• Seven Oaks Tertiary Mental Health, Victoria
• Abbotsford Regional Hospital and Cancer
Centre
Budget $1 – 2 millions, and a commitment from
Government to continue the decision made.
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IN CLOSING
• Our objective from the beginning was/is to
ensure Government’s awareness that
Healthcare Employers’ violations of collective
agreement have seriously endangered the
quality of safe patient care that mattered to all
our nurses.
• This is a significant achievement for our union,
provided that we actively participate with the
employer on finding solutions and by policing
our collective agreement relentlessly.
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IN CLOSING
Thanks to every one of our dedicated and
hardworking union representatives and stewards,
staff, regional executives and provincial council, our
collective effort have paid off. Our data collection
and holding employers accountable for their
obligations have contributed in BCNU achieving an
arbitration board’s ruling on how employer must
comply with the PCA language, a remedy for their
breach, and a concrete and enforceable plan to
implement negotiated changes to improve safe
patient care.
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END OF PRESENTATION
Q & A
