UNA will fight AHS effort to use 'Scheduling Optimization' to change members' FTEs

Changes to scheduling provisions may not be used by Alberta Health Services or other employers covered by the Provincial Collective Agreement to alter UNA members' full-time equivalencies (FTEs).

"Using a new AHS 'Scheduling Optimization Policy' to change members' FTEs violates the Provincial Collective Agreement and will not be tolerated by the United Nurses of Alberta," said UNA President Heather Smith.

"UNA will vigorously oppose any attempt by employers to incorrectly interpret the Collective Agreement in this manner," she stated.

Smith said UNA has heard many reports that managers throughout the province are trying to change members' FTEs to "optimize" work schedules to ensure there is sufficient staffing on all shifts.

Smith added that UNA is very concerned by reports some nurses have been told by their managers this misuse of Scheduling Optimization to implement FTE changes in violation of the contract has been approved by the union or its officers. "This claim is simply false," Smith stated. "We do not and will never approve of violations of the Collective Agreement."

UNA supports efforts to make sure all shifts are properly staffed, Smith noted. However, when the new AHS "Scheduling Optimization Policy" results in local managers trying to arbitrarily post new schedules devised by the health authority that change UNA members' FTEs, UNA's policy is to file grievances and proceed to arbitration and the courts if necessary.

In 1991, UNA won an arbitration that clearly established the principle the employer may not eliminate Registered Nurse positions and redistribute the hours among new positions. In Devon General Hospital and United Nurses of Alberta Local #67, the arbitrator ruled "the Employer cannot eliminate two emergency room positions by reassigning ER duties to the rest of the staff."

As a result of that arbitration, it has been established the employer has the right to eliminate positions, but only for genuine need. The employer cannot eliminate positions as a back-door method of changing RNs' FTEs or to avoid properly compensating employees scheduled to work Named Holidays under Article 18 of the Provincial Collective Agreement.

If an employer wishes to create more full-time FTEs, it must properly post new positions that way.

UNA members are advised to watch out for attempts by their employer to use this policy to alter FTEs and to report it to their UNA Local and Labour Relations Officer as quickly as possible.

UNA will grieve all such changes, and take all other actions required to protect the contractual rights of UNA members.

UNA members should also be aware that under Article 14.01 (d) (v) of the Provincial Collective Agreement, Promotions, Transfers & Vacancies, the employer may not alter daily hours or shifts per cycle.

In the event a new schedule is posted under the Scheduling Optimization Policy that is unsatisfactory to nurses working in a unit or office, the employees and their UNA Local have the right under the Provincial Collective Agreement to draft their own alternative schedule.

Under the Provincial Collective Agreement, the employer may not unreasonably refuse to implement the unit's proposal.

Smith noted that UNA has requested a copy of the "Scheduling Optimization Policy," but that the guidelines have not been provided by the employer.