Alberta Health Services Collective Agreement 2020-2024

EMS LETTER OF UNDERSTANDING #2

BETWEEN

ALBERTA HEALTH SERVICES
(hereinafter referred to as the Employer)

- and -

HEALTH SCIENCES ASSOCIATION OF ALBERTA
(hereinafter referred to as the Union)

RE: HOURS OF WORK FOR KANANASKIS COUNTRY STATION

1. Article 10:  Hours of Work - Replace Article 10 in its entirety by the following:
 

“10.01 Hours of Work shall consist of an EMS Shift Schedule.

10.02 The EMS Shift Schedule shall:

(a) Operate under a three (3) Platoon system, on the basis of two (2) twenty-four (24) hour shifts on duty, followed by four (4) days off (Tour of Duty for EMS).

(b) Consist of an average of forty-two (42) hours per week over one (1) complete cycle of the shift schedule [i.e. six (6) weeks].

(c) Each twenty-four (24) hour “EMS Shift” shall consist of eighteen (18) regular rate of pay hours per shift which are made up of twelve (12) “Core Hours” plus six (6) “Flex Hours”, and six (6) “Shift On-Call” hours which are compensated at the applicable on-call rate of pay

(d) “Shift On-Call” hours shall be defined as six (6) hours during a twenty-four (24) hour shift which are compensated at the applicable on-call rate of pay.

(e) “Core Hours” are the first (1st) twelve (12) hours of duty in which the Employee is compensated at the Employee’s Basic Rate of Pay in a twenty-four (24) hour shift.

(f) For the purposes of determining overtime rates of pay applicable to an “EMS Shift”, the provision of Article 12 (Overtime) shall apply. In addition, a “Flex Hours” concept shall apply to an “EMS Shift”.

(g) “Flex Hours” shall consist of six (6) hours of “Active Duty” which shall be applicable during the last twelve (12) hours of a twenty-four (24) hour “EMS Shift”, and which are compensated at the Employee’s Basic Rate of Pay. These hours may be accumulative over the full twelve (12) hour period. An Employee who works in excess of six (6) hours “Active Duty” during the last twelve (12) hours of a twenty-four (24) hour shift shall be compensated at the overtime rate of pay referenced in Article 12 (Overtime) for those hours of “Active Duty” worked in excess of six (6) hours.

(h) “Active Duty” shall be defined as work assignments of a general nature during which an Employee may be assigned to duty outside of their scheduled station, or assigned to a specific work assignment within the scheduled station.

(i) Full-time hours of work for an EMS Employee shall consist of two thousand one hundred and eighty-four (2,184) hours of work and seven hundred and thirty-six (736) Shift On-Call Hours in each year of full-time employment.

10.03 Employees may exchange shifts and/or days off with Employees in the same classification provided that:

(a) Both affected Employees submit the request in writing, giving reasonable notice; and

(b) The Employer approves the exchange; and

(c) Operational efficiency is not disrupted; and

(d) There is no additional cost to the Employer; and

(e) The shift schedule shall be amended by the Employer to reflect the shifts being exchanged.

Such approval shall not be unreasonably withheld.

10.04 Employees called in to work and not required to commence work and/or who work two (2) hours or less shall receive a minimum of two (2) hours at two (2) time (2X) their Basic Rate of Pay.

10.05 Where an Employee, in the act of responding to, caring for, transporting a patient or performing routine duties required by the Employer, works more than sixteen (16) hours of “Active Duty” in a twenty-four (24) hour shift, they shall be entitled to eight (8) consecutive hours of rest wherever operationally feasible before commencing their next scheduled shift, without loss of earnings.

10.06 Hours of Work shift for a Casual Employee shall be:

(a) Up to twenty-four hours for an EMS Shift; and

(b) Overtime for a Casual Employee is defined in Article 12 (Overtime) and as defined in Article 10.02(g) as applicable.

10.07 Schedule Posting and Schedule Changes (not applicable to Casual Employees)

(a) Unless otherwise agreed between the Union and the Employer, shift schedules shall be posted twelve (12) weeks in advance. If a shift schedule is changed after being posted, the affected Employees shall be provided with fourteen (14) days’ notice of the new schedule. In the event that an Employee’s schedule is changed in the new shift schedule and they are not provided with fourteen (14) calendar days’ notice, they shall be entitled to premium payment subject to the provisions of Article 10.07(b), (c) and (d).

(b) Unless an Employee is given at least fourteen (14) calendar days’ notice of a change of their scheduled days off they shall be paid two times (2X) their Basic Rate of Pay for all hours worked on such day(s) unless such change is at the Employee’s request.

(c) If, in the course of a posted schedule, the Employer changes the Employee’s scheduled shift (i.e. days to evenings, days to nights or evenings to nights) but not their day off, they shall be paid at the rate of two times (2X) their Basic Rate of Pay for all hours worked on the first (1st) shift of the changed schedule unless fourteen (14) calendar days’ notice of such change has been provided,

(d) If, in the course of a posted schedule, the Employer changes the Employee’s shift start time by two (2) hours or more, they shall be paid at the rate of two times (2X) their Basic Rate of Pay for all hours worked on this shift unless fourteen (14) calendar days’ notice of such change has been given.

10.08 In the event that an Employee reports for work as scheduled and is required by the Employer not to commence work but to return to duty at a later hour, they shall be compensated for that inconvenience by receiving three (3) hours pay at their Basic Rate of Pay.

10.09 Should an Employee report and commence work as scheduled and is required by the Employer to cease work prior to the completion of their scheduled shift and return to work at a later hour, they shall receive their basic hourly rate of pay for all hours worked with an addition of three (3) hours at their Basic Rate of Pay for that inconvenience.

10.10 In the event that the Employer determines, based on operational requirements, that amendments to the above hours of work are required, the Parties will meet to discuss any amendments contemplated.

10.11 The Union recognizes the right of the Employer to schedule the hours of work in order to efficiently serve the needs of its clients while utilizing its budgeted resources as economically as possible. Therefore the Employer retains the exclusive right to schedule hours of work of Employees as necessary to provide coverage for the determined hours of operation.

This Letter of Understanding will expire March 31, 2024, or upon the date of ratification of the next Collective Agreement, whichever is later.