Options for dealing with deleted positons

Publish date: Tuesday, August 15, 2017

Government cuts to frontline health care services have resulted in the deletion of some nursing positions and has led to many questions around job security and the rights of the nurse under the collective agreement. Please note that labour relations officers will be on site at all affected facilities to ensure that the collective agreement is followed and that nurses are aware of all their options.

I have received a deletion notice.
What does this mean?

When a reduction or restructuring of the work force becomes necessary, nurses may be laid off in reverse order of seniority within their occupational classification i.e. the nurse with the lowest seniority is the first to be laid off. Once the 90-day notice is served, new master rotations are developed by the employer in consultation with the union and the affected nurses.

A cut-off date for the calculation of seniority and the date of implementation is then established. Those nurses whose current position do not exist in the new master rotation are identified and served notice that their position will deleted with the date the deletion is to take effect (implementation date).

A deletion notice is not a lay-off notice. It advises a nurse that his/her current position (EFT, rotation, unit, etc.) will not exist in the future. It signals the start of the Employment Security process that provides a nurse with many options to apply/choose a new position.

I am on a leave of absence.
Will I have a job to come back to?

The incumbent (owner) of the deleted position is notified and has the rights afforded by Article 27, even if she/he is on a leave of absence or temporarily in a term position. This also applies to nurses on maternity or education leave. E.g. A nurse on education leave owns a .5 position, which is being deleted. This nurse will receive a deletion notice, since she/he is the owner of the position.

I have a term position.

A nurse is occupying a deleted position, as a term, will continue in that position until 2400 hours of the last day of the notice period. This marks the expiration of the term position. The nurse occupying the term will revert to her/his previous position/status in accordance with Article 3006.

On the other hand, if a nurse is working a term position on a different unit and her/his job has been deleted, the nurse will receive notice and will be afforded all the options of a nurse whose position has been deleted.

My position has been deleted
What are my options?

Option 1: Apply for a new position

Any newly created positions are posted and filled in accordance with Article 30 Vacancies, Term Positions and New Positions. All nurses in the facility are welcome to apply for the new vacancies whether their position has been deleted or not. Any nurse who has received a deletion notice is encouraged to apply for all positions created by the new master rotation. The nurses on affected units will have unit preference when new positions are posted as a result of an employment security notice in accordance with Article 3003.

Keep in mind that if a nurse applies for and is awarded and accepts a position, she/he does not get the opportunity to change her/his mind later and bump.

Option 2: Bump into a position where the current incumbent has lesser seniority

Once the posting and selection process is completed, the nurses impacted by the restructuring/closure who have been unable to secure a new position via the vacancy selection process will have the ability to exercise their seniority rights to displace (bump) a nurse with lower seniority in a position of equal or lower classification.

Please note RNs cannot bump LPNs, but Nurse IIIs or IVs can bump Nurse IIs.

When bumping starts, the occupied positions available to the nurses, who are exercising their right to bump, are all of the positions in the facility whether they are long-standing or new.

E.g. Nurses from Misericordia Urgent Care who opt to be placed on the bump list will each be given an appointment with the employer to determine the most suitable job based on their qualifications, seniority and areas of interest. Once these are determined, the responses are entered into a computer system which generates a list of all possible positions at the facility available to the nurse. The nurse will then be given 24 hours to make a decision.

It is important to note that the bumping system is not infinite i.e. If a nurse applied for and is awarded and accepts a position, she/he is not entitled to later change her/his mind and displace another nurse.

Option 3: Accept lay-off (Article 27 Layoff and Recall)

The final option available to nurses whose positions have been deleted and have been unable to secure a position by either the posting or bumping process is to accept lay-off. A lay-off notice must be issued four weeks prior to the date it takes effect or payment made in lieu of the notice period.

All nurses on lay-off will be subject to recall in the future. Furthermore, nurses who are on lay-off from a site have to be recalled before any applications from nurses who work in other sites can be considered. When a nurse is laid-off she/he is entitled to pick up additional available shifts up to her/his former EFT.

A laid-off nurse may apply for a redeployment number to be able to apply for and receive preferential consideration for new and vacant in-scope positions at another participating employer, in accordance with the redeployment principles outlined in MOU #14.

How is my vacation affected?

The employer is required to make every possible effort to honour vacation that has already been booked.

New Selection Process

Where the Employer has issued deletion notices to ALL nurses in a unit/program, job postings for new positions within the unit will be waived and the positions will be offered to nurses in each classification from that unit /program, in order of seniority. Nurses can only select a new position in their current classification, or may decline the offer and apply for another vacant position, choose to bump (at the appropriate time) or accept a lay-off. New positions left unfilled following this process will be posted and filled according to Article 30.

More information

Please review the following articles and MOU in the collective agreement for further information or clarification:

  • Article 27 Layoff and Recall
  • Article 30 Vacancies, Term Positions and New Positions
  • Memorandum of Understanding #9 Re: Job Security
  • Memorandum of Understanding #14 Re: Participation in PHCLA/Redeployment

 

 

 

 

                                     

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