Daily Cancellations/90 Minute Notification Rule
The language in our contract can be very confusing at times regarding daily cancellations. Cancellations can happen before the beginning of the shift or during the shift. Whether a nurse is cancelled can depend on other factors such as whether the nurse is on their regular shift, an extra shift, on overtime, called in early or whether travelers are working.
The order of cancellation under section 23.2.1 of the contract applies whether cancelled BEFORE the shift or DURING the shift. Cancellations are conducted on the basis of seniority and personnel category within the affected shift (shift based) and nursing areas in Appendix A (clusters).
*When called in early it should be understood that those hours are your overtime hours. Those hours are paid at a higher rate or the same rate as your normal shift. Please check out section 5.7 of the contract for the specifics. Although overtime can be sent home at any time during the shift, the exception is that if called in early. When your regular shift starts, you must be cancelled under the daily layoff language as though you are just starting your regular shift (remember the OT hours were before your shift started). So although you may be on overtime later in the shift it is treated as a regular straight-time shift for cancellation purposes. This is not to be confused with working an extra shift after your regular shift where it is treated as an overtime shift.
What triggers an overstaffed situation?
There is no overstaffed situation triggering the temporary layoff unless
If the above conditions are met then an overstaffed situation is triggered
On days and evenings if cancellations are triggered, the contract allows for one nurse per cluster who may have been cancelled, can be reassigned to other duties as determined by the Medical Center and not cancelled. This nurse can choose voluntarily to be cancelled instead.
Notice to Nurses of cancellation
23.2.3 Notice of Temporary Layoff.
The order of cancellation under section 23.2.1 of the contract applies whether cancelled BEFORE the shift or DURING the shift. Cancellations are conducted on the basis of seniority and personnel category within the affected shift (shift based) and nursing areas in Appendix A (clusters).
- Premium shifts-can be cancelled at ANY TIME*
- Volunteers- EVERYONE should be asked if they would like to go home if on shift or be on the EA list
- Probationary-only cancelled if part of staffing and they have an actual patient assignment and are NOT ON ORI.
- Temporary-This is travelers and registry-If none cancelled at this point NO ONE GOES HOME going forward
- Nurses on EXTRA shifts above their FTE (FT, PT, SH, PD)-If not on your regular shift (Day, Eve, Night), You cannot displace nurses from their own shift so those nurses will be cancelled first. Otherwise it is conducted by seniority and personnel category within the affected shift and nursing areas in Appendix A (Clusters).
- Nurses not working an extra shift within their FTE (FT, PT, SH) Conducted on the basis of seniority and personnel category.
*When called in early it should be understood that those hours are your overtime hours. Those hours are paid at a higher rate or the same rate as your normal shift. Please check out section 5.7 of the contract for the specifics. Although overtime can be sent home at any time during the shift, the exception is that if called in early. When your regular shift starts, you must be cancelled under the daily layoff language as though you are just starting your regular shift (remember the OT hours were before your shift started). So although you may be on overtime later in the shift it is treated as a regular straight-time shift for cancellation purposes. This is not to be confused with working an extra shift after your regular shift where it is treated as an overtime shift.
What triggers an overstaffed situation?
There is no overstaffed situation triggering the temporary layoff unless
- The charge nurses within the cluster are free of a patient assignment;
- Each unit within the cluster has licensed nurse coverage for meals and breaks and;
- No registry or travelers are performing duties on the campus where the nurse is slated for cancellation if the nurse could substitute for that nurse (voluntarily).
If the above conditions are met then an overstaffed situation is triggered
On days and evenings if cancellations are triggered, the contract allows for one nurse per cluster who may have been cancelled, can be reassigned to other duties as determined by the Medical Center and not cancelled. This nurse can choose voluntarily to be cancelled instead.
Notice to Nurses of cancellation
23.2.3 Notice of Temporary Layoff.
- In case of temporary layoff, Nurses will be called ninety (90) minutes before the start of the shift.
- If a Nurse is called less than ninety (90) minutes before his or her shift, the Nurse shall be paid for one-half of his or her scheduled shift (e.g., four (4) hours for an eight (8) hour shift or six (6) hours for a twelve (12) hour shift).
- If the Medical Center calls a Nurse at least ninety (90) minutes before the shift in order to cancel a part of the Nurse’s scheduled shift, the Nurse has the right to cancel his or her full shift.
- This section does not apply if you are already working.