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 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 19
KEY POINTS AWARD AND NEW PROCESSES Committees to be Established between the Parties: > 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 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
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. 28
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 29
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. 30
IMPORTANT DATES/DEADLINES IN GRIEVANCE SETTLEMENT AGREEMENT 31
IMPORTANT DATES AND DEADLINES April 1, 2015 April 15, 2015 Settlement Agreement in force. 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. 32
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 33
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. 34
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. 35
IMPORTANT DATES AND DEADLINES May 31, 2015? 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. 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. 36
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. 37
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. 38
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. 39
COMMUNITY NURSING TECHNOLOGY/RAI WORKING GROUP Chaired by Vice President Christine Sorensen 40
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). 41
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. 42
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. 43
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. 44
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. 45
PREVENTION OF WORKPLACE VIOLENCE 46
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. 47
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. 48
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. 49
END OF PRESENTATION Q & A 50