BCNU/MOH/HEABC, AND IMPLEMENTATION PLAN 2015 Presented at - PowerPoint PPT Presentation

REPLACEMENT GRIEVANCE SETTLEMENT AGREEMENT BETWEEN BCNU/MOH/HEABC, AND IMPLEMENTATION PLAN 2015 Presented at leadership conference 2015 Gayle Duteil, BCNU President May 13, 2015

INTRODUCTION AND BACKGROUND 2

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. 3

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. 4

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 5

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 6

CHRONOLOGY OF MEETINGS 7

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 8

CHRONOLOGY 1 st 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. 9

CHRONOLOGY 2 nd 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. 10

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. 11

KEY POINTS OF MARCH 26 ARBITRATION BOARD DECISION ON PCA LANGUAGE INTERPRETATIONS 12

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.” 13

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 .” 14

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 15

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. 16

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.” 17

KEY POINTS OF APRIL 1 GRIEVANCE SETTLEMENT AGREEMENT 18

KEY POINTS – AWARD AND NEW PROCESSES BCNU can enforce to obtain results via the Replacement Grievance Settlement and Future Implementation Agreement > $2 million to members for > $1 million for increased RN damages staffing > $5 million for specialty nurse > Ongoing rules enforcement training > Scheduled arbitration hearing > $2 million to support dates application of the Protocol MOUs to community nurses which may include technology application 19

KEY POINTS – AWARD AND NEW PROCESSES Committees to be Established between the Parties: > Committees to collaborative > Special Dispute resolution problem-solve: mechanism: • • Nursing/Health Authority Notice of Complaint (from Committees (N/HACs) members) • • Provincial Nursing Notice of Dispute (from Settlement Steering BCNU reps) • Committee (PNSSC) N/HAC (to resolve jointly) • • Joint Training PNSSC (to resolve jointly) • Arbitration Board/Chairperson 20

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. 21

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 22

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. 23

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. 24

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. 25

FAST-TRACK STAFFING DISPUTE PROCESS 26

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. 27