9th Floor, Park Plaza 10611 - 98 Avenue Edmonton,· Alberta T5K 2P7 VOLUME 15 NUMBER 4 UNI'fED NURSES OJ:i' ALBERTA - ··~=- / Third Troilitme CIMa c:e..e ........ No. 3100 ~ '--------~ DECEMBER 1991/JANUARY 1992 '~ 'fime Of Change" Heather Smith's Address to the United Nurses of Alberta 1991 AGM I' m going to take a very serious tone in terms of my official opening comments. I 've been a little bit torn about how to start this speech because there are a couple of different lead-ins. One year ago at this time, exactly a year ago, Trudy Richardson and I had what was probably one of the most impressive activities of L-iiiiWi....,m"~-spending two weeks in the Sovir:i\JDiQA. So I thought of starting my speech w ith "a year ago today we were sitting with 1200 people listening to incredibly boring speeches and thinking it would never end ..." Well that was going to be one way of starting but that got pre-empted last Thursday when I just happened to be going by David Harrigan's office while he was on the phone speaking to Mike Mearns. This brought me back to reality and made me rea lize that when I thought we had gone forward , I look behind , and see that we really haven't gone that far at all. Bethany Care, Cochrane, Local #173, had gone back to the table after some 4 months of being on strike. When they went on strike, part of the package "I believe that this organization is building itselfto meet the clJallenges of ton1orrow." they rejected included hours of work being settled; and included an offer from the Employer of the current 1991 rates with a number of other things which I won' t go into. But what is most upsetting was that the Employer, through a mediator last Thursday, came to the table and suggested that instead of the contract expiring on March 31, 1992 just as the provincial agreement does, the Employer wanted a two-year agreement from the date of signing. Instead of the hospital rates in the current 1990/1991 agreement the Employer was proposing 1989 rates with a 2% increase and some nebulous discussion of a signing bonus. The Employer was reop ening hours and proposing self-scheduling. Nurses would only be considered part-time if they worked a minimum of four shifts in two weeks. There would be no shift differential, no weekend premium, no pension plan. There would be no payment of charge pay possible on day shift and one person on evenings, nights, weekends and stats would get responsibility pay of $1.05 an hour. The Employer suggested cost-s haring of the premiums on a sliding scale so that if you were full-time the Employer would pay 75% sliding down· ward. Thus an Employee who worked four or five s hifts in a two week period would have only 25% of her premiums paid by the Employer. And on one of the most contentious issues in this dispute, the question of recognition of experience, the Employer made some movement. The Employer suggested that it wou ld recognize seventeen hundred and twenty {1720) hours of geriatric nursing/nursing home experience to equal one year-with five years of such experience you could advance one step in the increment scale. I cannot say how disappointed I am-I cannot imagine how disappointed the members of Local # 173 must be. After four months of a very, very valiant struggle, a very hard struggle, going from summer to winter, to have the Employer come to the table and give that kind of an offer-there is no mercy, there is no justice. So Local#173 will be meeting with Mike to strategize what their next step is. We clearly believe that this violates the Labour Relations Code as bargaining in bad faith and those issues will be pursued. But I think it is important for everybody here to realize just how fragile our progress really is. It makes me think of 1988 when our Employers came to the table wanting to roll back wages 3%. The fundamental questions that I had for the Minister of Health in this province were; " What is the future of health care? Who is doing the planning?". Throughout the year the Executive Officers have been very, very busy participating in a multitude of committees and activities that impact on health care. The Provincial Nursing Action Plan or The Provincial Nursing Action Committee depending on who you are talking to-l refer to it as "The Plan". The Management Information Systems, Acute Care Funding, Long Term Care Funding are just a few of the projects that are going out there. Regionalization in Edmonton, rationalization in Lethbridge. Who is planning it? Who is coordinating it? Who is setting the agenda? The most frightening comment to come back from the Minister of Health was that nobody was planning it. There is no strategy, there is no plan-and as for agendas there's all sorts of them. We know what some of those agendas can be like. The Bethany Care nurses are suffering from one of them. Many of the hospitals across this province in thOJast year have had agendas foisted onto them. An artificial shortage or an artificial surplus of nursing staff kind has it been? It's b en a VC~Y.-~,f5~Wiiiiiiiiifi'iilleiiiiiin~ s a very·il.ll·itiiPiMEriOI activity and workload. I believe that you have a ll felt that workload in your locals as well. It has been a very challenging year and I believe that this organization is building itself to meet the challenges of the years has been created by these agendas. It's imperative ahead. We have brought on some new staff. We spent that if we do not want to tive by somebody else's two days meeting with our staff in the spring of this agenda that we set our own and we make others live year to look at our organization and what our from ours and work from ours. This is our challenge problems were, what our wants are and how we can in the year ahead· to solidify, to clarify what our agenmeet our needs. We've met with the Board and we' re da is, and what we want to see changed and what we continuing that process in the new year. We want this want to see happen. And we must do it in a coordiorganization to be stronger. We have more locals comnated and united way because we know that ''Uniting to us. I introduced them fi rst in the local listing ed We Bargain, Divided We Will Beg''. We've looked but that is not enough. We must be representative of at bringing to you this year one of the biggest our memberships. We must have a vision of our challenges ever put to this organization. We're askfuture and what we want that future to be. I think that ing the membership of this union to endorse an inprobably one of the scariest concerns in Alberta tocredible vision of communication. A vision which day is: " What is the future going to be?" will ensure that we have the ability to immediately When I first worked on a speech for the communicate w ith local presidents across this Annual Meeting I did it before the May Board Meetprovince, provide information; hear from you; proing because we were going to the Board with some vide you documents relating to grievances, PRC, very, very large scale proposals for change and I whatever the issue may be. It's a very ambitious entitled that document ''A Time of Change''. This is a deavour. It's a very costly endeavour. What we are most important time of change, not only for us, but proposing to you from the Board is that you look carefor this province and for this nation. Just as a year ago fully at how we plan our finances and hopefully you in the Soviet Union I don't believe a single person will support our vision, our priority of communicacould have predicted the circumstances and events tion as the key to strengthening this organization and that happened there in the past year, I don' t believe we making us a foe that cannot be ignored in the future. have any more ability or security to predict what is Coming up soon we will have the December 3rd going to happen around us. In a sea of chaos we must hearing before the Supreme Court of Canada relatcreate stability for ourselves and our membership. ing to the 1988 fines imposed against the union , the That is the goal of the Executive Board, that is the goal criminal contempt fines. We are seeking some of the Executive Officers and with your help I believe $400,000 back from the Provincial Government. All we can make that happen in the upcoming year. ten provinces have enjoined against us. When you go I had some questions in terms of the video. [A Nov. to the Supreme Court {we have already been through '90 to Nov. '91 video was shown to delegates prior to the layers of the courts in Alberta). every other this speech.] What did Manitoba achieve? How long province, because it has federal implications, is given did the strike by the Brewery Workers go on and what the opportunity to join in the challenge against uswas achieved? The answers are not always positive and all ten provinces have. On December 13th we and some of the answers that UNA has been getting will be exchanging proposals with the hospital emhave not been positive. In early October the Execuployersand it's not going to bean easy day. Not only is tive Officers met with Nancy Betkowski , the Minister it, unfortunately, a Friday the 13th, but I think we of Health. We had a lot of questions for Nancy-we had two or three pages of questions for Nancy, as a matter of fact. We were only to be given half an hour Continued on page 2 of her time; we ended staying an hour and a half. good ye~~t. Inside: Negotiations '92 ·E uropeans aiin for better \Vorking standards Ed Finn/CALM AS WE STRUGGLE with the serious social and economic problems that now confront our country, we need models and prototypes to copy. How are other countries meeting similar challenges, and what can we learn from them? The trouble is that in searching for examples we rarely look beyond the United States. But the U.S. is no longer an ideal role model (if it ever was). Economically, it is being outstripped by Western Europe, as well as Japan , and its 'social programs are inferior to ours. In striving to imitate the Americans we are courting a decline rather than an improvement in our social and economic standards. Of course, with free trade we've severely limited our choices already. However, we're not yet so constrained that we can't benefit from, perhaps even follow, the examples set by other nations. •'Jn Europe 'harmonizatior1' means raising standards to maich U1e best; here it rneans lowering them to match the worst.'' Japan is not a practical model because of its radically different culture. But the European Economic Community (EC) offers an alternative to the American system that we should at least consider. Some aspects of the EC approach may not be applicable to Canada, but certainly the basic philosophy should be considered. Unlike the U.S. and Canada- which seem bent on reaching the lowest common denominator in wages and social benefits- the Europeans want to lift their less privileged citizens up to a decent level of well-being. " Harmonization" is a term that's heard as often in Europe these days as it is here. But in Europe it means raising standards to match the best ; here it means lowering them to match the worst. The EC has proposed a charter of fundamental social rights for its member nations. It calls for: improved living and working conditions, full and better employment, the equal treatment of men and women, and the participation of workers and their unions as full economic partners. THE SOCIAL charter sets forth the rights of workers in several key areas. These include: • the right to adequate social security benefits, • the right to union membership and free collective bargaining. • the right to fair pay and to annual paid leave, • the right to safe and healthy workplaces, • and the right to participate in decisions ,affecting their work such as layoffs, technological change, and corporate mergers. These and other basic rights, according to the charter, are to be harmonized so they' ll eventually be enjoyed by all workers, regardless of where in Western Europe they happen to live. Skeptics doubt that such an objective is achievable, given the wide diversity of social and economic conditions that now prevail in Europe. What matters at this stage, however, is that the EC has set its sights on raising standards rather than lowering them, as we have done in North America . Regardless of how far short of this goal the Europeans may fall by the time they form a single internal market at the end of 1992, they will still be far ahead of us. And that w ill make it even harder for Canada and the U.S. to compete with them. The Europeans have decided to compete by investing in their workers' skills, security, morale and productivity, and by assuring them the good jobs and wages that are needed to stimulate consumer spending. We, on the other hand, are following the American lead in trying to compete on the basis of forcing down labour costs and social benefits, and in the process making our society less fair and prosperous. (Ed Finn recently re! ~red as a communicator with the Canadoan Union of Public Employees. He'~ a member of !he board of directors of !he Canadoa11 Ce11tre (or Policy Alternatives.) Local173 ESSENTIALLY, the Europeans have set as their target the attainment of the highest possible standards of social security and economic fairness. They may not achieve such lofty goals, but what's important is that they've set them. President's Message - Continued from page 1 have to look very carefully at what we are proposing and the environment we are proposing it in. It is vital that we have tight communications in the months ahead between you and the Negotiating Committees. And I mean that in terms of the Health Units, the Hospitals and Extendicares going into bargaining. it is very, very imperative that your Negotiating Committees understand where you are, where you want to be. Nobody wants to see another 1988. In terms of what else is going to be happening in our organization we have some very big plans for Education. Trudy Richardson returning to the organization as an Education Officer has given me real hope that we can significantly change the way we deliver education . The implementation of computers is going to be a significant advantage as well . Challenges and changes is what lie ahead of us. The agenda must be set by us. I have some other comments to make to you, they'll be made during an Executive Session this afternoon. I believe it is imperative that we indicate to our employers, and the government at every opportunity we have, that we're not just going to sit still. Economic downturns does not mean that we will take nothing. Pensions have become one of the biggest issues in this province since July of this year. Our Pension Committee has done a lot of work, we've done a lot of work with other unions to try to bring our issues forward. In the end I believe it is going to be just like the GST debate where Dick Johnson floats out balloons of inflated proposals so that we will gratefully accept the fallback position which was really his first position to begin with. We must not let this government and these employers dictate our working conditions and the q uality of patient care. We must be strong and oppose them while protecting ourselves and our patients. It 's not going to be easy-it's going to be incredibly hard. I don't believe that I have ever come to you and spoken with such feelings of concern about our future because we are fighting some very, very big foes but I am optimistic that with a will of this membership, an investment in terms of computers, an investment in communications that we can make it happen. I will just remind you in closing of a little comment that we've all heard before and we should all keep in mind: "Nurses' work is never done, our fight goes on for what we've won''. Thank you very much. 2 l '.N.A. Ni:WSHlTLU:TIN Nurses at the Bethany Care Centre in Cochrane returned to work on December 16, 1991 after ratifying a memorandum of agreement with the Lutheran Welfare Society. The nurses, members of l..J.Mted Nurses of Alberta Local #173, began a legal strike on July 12, 1991 after 10 months of unsuccessful bargaining with the Employer. The Local was attempting to achieve a contract similar to the provincial contract which covers 14,000 Alberta nurses and includes nurses at two other Bethany Care Centres in Alberta. The Lutheran Welfare Society and the Union returned to the table in November. The Employer re-entered negotiations by proposing an even more Draconian collective agreement than the one which the nurses had rejected prior to the strike !for more details see Heather Smith's speech to the AGM). The 2-year agreement, which will expire on March 31, 1993, provides for hospital wages rates for the nurses in the first year of the contract and a 3.5% increase effective January 1, 1992. However since previous nursing experience will not be recognized, these nurses will be paid substantially less than nurses covered by the provincial agreement. Nurses will receive 55 cents/hour for shift differential and a weekend premium of 35 cents/hour. A major demand going into bargaining was the return of a pension plan for the nurses. When the Bethany Care Centre, Cochrane, first opened in 1988 the nurses did have a pension plan. In April of 1989 the Employer took away this standard benefit. The Local has won a pension plan in this agreement-the Employer will contribute 2% into a registered retirement savings plan. Heather Smith, President of the United Nurses of Alberta, called both the settlement and the employer's attitude towards its nurses ' 'extremely disappointing'' . During negotiations members of the Local had stressed to the Employer that nursing home nurses were not second class nurses. The Employer, however, entered into negotiations determined to maintain its lower level of compensation for these nurses . Smith praised the members for their strength and determination and described their strike as "a courageous struggle by a small group of nurses trying to protect standards of care for the elderly and infirm. '' Annual General Meeting 1991 The 1991 Annual General Meeting of the United Nurses of Alberta was held November 19-21 at the West in Hotel in Calgary. Two hundred and eighty 1280) voting delegates attended the meeting along with sixty-seven 167) observers. 1991 ELECTIONS Sandie Rentz emerged as the winner of the battle for the position of UNA Vice-President. Dale Fior, who had chaired the Finance Committee for the past year while the .former Secretary-Treasurer was ill, won the election for Secretary-Treasurer on the first ballot. Shelley Moug was elected as a North District Rep; Gail Tymens, Bev Dick and Gina Kelland were acclaimed as North Central District Reps; Andy LeBlanc was acclaimed as a Central District Rep; and Sheila Bailey was elected as a South District Rep. Pam Liegerot and Donnie Meehan were acclaimed as South Central District Reps. The resignation of Dale Fior as a South Central District Rep because of her intention to run for the Secretary-Treasurer position created the need for an election for one South Central District Rep. An election was held at the AGM with Keith Malkin being the victor. CONSTITUTIONAL AMENDMENTS The following constitutional amendments were debated and carried by the voting delegates: UNA Boundaries The Legislative Committee was directed to investigate the distribution of UNA Locals and their representation with a view to redefining the boundaries of districts and the delegate voting process. The Leg Committee will report back to the members at the 1992 Annual General Meeting. Discipline The internal discipline process of the Union was reviewed by legal counsel this year and the constitution was c hanged to reflect the suggestions for improve ment of the process. Revenue The delegates voted to increase the dues rebates to the smaller locals lthose with fewer than 30 duespayers). A motion was also passed to decrease the amount of money that UNA pays into its Emergency Fund. Calgary General The Calgary General Hospital will now be considered as two separate chartered locals-Bow Valley Centre and The Peter Lougheed Centre. BUDGET The 1992 proposed budget was adopted. Delegates also voted in favour of UNA proceeding with the computerization of UNA Locals. POLICY RESOLUTIONS Collective Bargaining UNA members voted to expand the Union's position statement on Collective Bargaining to read: UNA believes that the right of workers to organize and engage in free collective bargaining is fundamental in any free society. There should be no legal restrictions on the right of Unions and Employers to participate in free collective bargaining. An essential element of the bargaining process is the right of workers to withdraw their services. Consistent with this belie{, UNA will not participate in any system which limits the right of any worker to take strike action. Services During Strike Action Consistent with professional responsibilities and past practice, UNA will provide emergency services during strike action as authorized by each Local. The delegates sent a clear message to administration and the government by indicating that in the event of a strike, UNA will withdraw all nurses from the affected hospitals. No regular staffing will occur during a strike nor will UNA negotiate any level of regular staffing. Free Trade UNA is opposed to free trade negotiations between Canada, the U.S. and Mexico. Pensions UNA was directed by the delegates to investigate alternate pension plans and bring recommendations to the 1992 AGM. Education The mandate of the Education Committee was expanded to include the responsibility of educating the public about UNA. Procedures Delegates voted in favour of several motions which altered UNA' s internal procedures regarding Canadian nursing unions, District Rep days, membership ineligibility list, local addend urns and the Appeal Committee process. GUESTS The five guests at the AGM included: Kathleen Connors, President of the National Federation of Nurses' Unions; Roberta Metherall , President of the Canadian Health Care Guild; Earl Dodd, President of the Health Sciences Association of Alberta; Gretta Zeback, a former UNA member; and Madeline Parent, union activist , as the guest speaker. EDUCATION Jon Shearer proved that education can be entertaining with his presentation on the effects of shiftwork. " It was an energizing and educational session,'' said Heather Smith. " He has a firm grasp of the implications of shiftwork on all workers. '' Confli~t of Interest A new process was set up to allow UNA members to benefit from goods and services provided at a lower cost by organizations to UNA members. The emberahip ~s CoJJl.IDittee will have the responsibility for approving these goods and services while ensuring that there is no conflict of interest. l '.N., \. NEWSHI ' LU~T IN 3 Negotiations '92 - Ingoing Proposals This article contains the major ingoing proposals from the AHA, RAH and UNA for the current rourd of hospitallxzrgaining. Members from Locals 1 (Calgary General}, 2 {Red Deer General}, 32 {Glenrosej, 60 {Slave Lake}, 115 {Foothills}, 121 (Calgary District Hospital Group}, 150 {St. Michael's-Lethbridgej and 183 {Alberta Hospitll Edmonton} sh:>uld contact their Local Executives for more detzils about articles containing their own local conditions. Members from Local33 {Royal Alexandro,l should consult with their Local Executive for otM changes propJSed by UNA to bring their contract into line with the provincial hospitals agreement. Article AHA RAH UNA 1. Term o f Agreement 2 year 2 year 2 year Employer responsible for ensuring retroactivity paid. 2. Defin it ion Change Psych. Nursing Training Act to Health Disciplines Act. Current Add definitions of: ability to perform work; position; cycle of the s hift schedule; and community nurse. Position elimination d efinition to include movement of a ward/unit one kilometre or more. Change Psych. Nursing Training Act to Health Disciplines Act. 3. Recognition Current Current No contracting out of bargaining unit work . No person in an excluded position shall perform bargaining unit work. Employee to have right to Union representation at any meeting with Employer. 4. M anagem ent R ights Current Current Employer must be fair and reasonable. 5. Dues, Deductions and Un io n Bu sin ess Current Current Employer to pay full professional registration fees. Bulletin board provided by Employer on each ward/unit. Union to be notified of orientation schedule. No denial of LOA for UNA Local Executive or Executive Board members. Employer dues list to contain information re: start date, classification. ca tegory, address and LOA's. 6. No Discrim in at ion Current Current Delete "physical" prior to disability. 7. Hours of Wor k Restructure enti re article and make foUowing changes: Request by Employee to discontinue permanent evenings, permanent nights or permanent evenings or nights shall not be unreasonably wit hheld !Currently cannot be withheld). Decrease weekend off to 55 3/4 hours. If Employee agrees to change scheduled days or s hifts off, she will not be paid overtime. Discuss " more fl exible shift scheduling". Shift schedules to be posted 12 weeks in advance or a "shorter period as is mutually agreed between the Employer and the affected Employees". Delete scheduling options. Increase number of weekends worked. Delete assurance that n o Employee will be scheduled to work more than 2 consecutive weekends. Increase maximum number of consecutive shifts to more than 7. Decrease compensation for changed days of rest or shifts to l · l/2X. Meal breaks to be paid j8.25 paid hoursldi!y) Increase rest periods to 20 minutes. Employee to be paid ill overtime rate for all missed meal or rest periods. D/ E/N rotation by Employee request onl y. All rotations to include an extended weekend of 79'14 hours once every four weeks. Employee to be paid for 8.25 hours if comes in to work and is required to report for a lat er shift. Employee is also to be paid for transportation . 28 days' written rlQtice in person and in writing for change of scheduled days or scheduled shifts off. Employee to receive 2X basic rate of pay for all scheduled s hifts changed wit hout 28 days' written no tice. Such changes to occur no more than 2 times in 3 months. Mutual agreement to alter scheduling provisions to be between Employer and Union . 8. Overti me Current Current All overtime shall be voluntary. Overtime to be paid o n all ho urs in excess of scheduled shift. Add 20 minute rest period for each 3 hours of overtime worked. • Negotiations '92 Update Co mmencement o( Bargaining Exchange o( Proposals (Meets with employer(sJlo exchange proposals/ Sets borgainwg dates (Dates o( borgaming to be agreed upon by UNA and Employers/ Health Unit Negotiations Update AHA Bargaining Dates January 15-17 & 29-30- February 19-20 & 26-28 By: Murray Billett, LRO AHA~s Negotiating Committee The Health Unit Demand Setting Meeting was held at the Mayfield Inn on October 29 & 30 in Edmonton. The Meeting was attended by 25 delegates. The group represented all the UNA members employed by Health Units throughout the province. Delegates attending debated and worked through the host of demands that were submitted by the locals, some of which were controversial. Although there was a great deal to accomplish, all the items on the agenda were completed by the end of the second day. These demands were then prepared in booklet form and sent out to each of the UNA Health Unit Locals. Each of the Locals held membership meetings to ratify the contents of the package. The package was overwhelmingly supported by the health unit nurses in the Province. Dates for exchange of proposal are expected to be set for early January, 1992. •wendy Haasen (AHA, Staff) Jody Bauer (AHA, Staff) Ellen Mc Rea (Calgary District Hospital Group, Trustee) Bob Gibb (Misericordia Hospital, Human Resources) Wendy Griffen (Alberta Hospital Edmonton, Human Resources) John Heath (Foothills Hospital, CEO) Neall Stevens (Banff Hospital, CEO) Germaine Dechant (Charles Camsell Hospital, DON) Easter Cossell (Barrhead Hospital, DON) · 4 tT.~.A. NEWSHllLU.:TI N • Chief Negotiator Article AHA RAH UNA 9. On-Call Duty Increase number of weekends employee can be assigned on-call duty. Add "where possible" to the current prohibition on assigning on-call duty to Employees not scheduled to work. Add " If an Employee is called back to duty immediately prior to her regularly scheduled shift, the minimum o f three (3) hours at the overtime rate shall not apply ." If an Employee is called back to duty, contiguous to her regular hours of work, the minimum of 3 hours a t the overtime rate shall not apply. Provincial minimum wage to be paid for on· call duty. Current Current Increase rate for transportation to 32~/km. LO. Transportation Employer to pay employee 2X the provincial minimum wage if the Employee works more than 2 weekends in a 5 week period. Add that weekends shall include the Monday or Friday of an extended weekend. " Hours of work shall include travel time to and from the institution " Employer to provide free on-site parking to all Employees. Employer shall pay the cost of business insurance for car . Employer to reimburse Employee who uses her own car when assigned community duties (including parking costs). 11. Probationary Period Double the length of the probationary period (to 1007-112 hours). Probationary period to begin after the completion of orientation. Decrease length of probationary period to 462 hours from 503-3/4. Employee to have right to grieve termination during probationary period. Increase length of orientation to 12 shifts from 7. The first 10 shifts shall be under direct guidance or supervision. The first 7 shifts shall be day duty and the first 3 shifts on evenings and nights shall be under direct guidance or supervision. A probationary Employee shall not be designated in charge. 12 . Seniority Current (although at this time UNA is unclear what the AHA's intentions regarding Article 12.05 are as AHA did not include any reference to Article 12.05 in its ingoing proposals. The article refers to nurses returning to the bargaining unit from a management position). Seniority to be based on hours worked (exclusive of overtime) rather than date of hire. Seniority to be applicable during the probationary period. Other changes to article to reflect seniority hours not seniority date. Clarify how seniority affects vacation time, position elimination, promotions and transfers, and shift schedules. Seniority considered broken when Employee transfers to out-of-scope position. (Delete current 12.06). An Employee retains her seniority date in the event that her position is transferred to the control o f another Employer. 13. Evaluat ions Current Current W ritten evaluations to be based solely on observations of immediate supervisor. Increase required notice of evaluation meeting to 48 hours (from 24). Increase length of written response time to 10 days (from 7). There will be no limitation to right to see file. No advance notification of the Employer is requ ir ed. 14. Promotions, Transfers and Vacancies Wording changes to clarify placement of casual and regular Employees after completion of a temporary position. Increase the length of the trial period to 503-3/4 (from 325-l/2) hours. An Employee who has been in an out-of· scope position will be guaranteed reinstatement o r placement at the completion of the term. ~ The Employer must post all vacancies and a copy of the vacancy notice must be posted on the unit where the vacancy exists. Employer must give preference to members of other UNA bargaining units when hiring from the outside. Notice of vacancy must include the site (location). Clarify that an application for a vacancy does not constitute a request for a particular shift pattern. A full time or part time employee must be reinstated in her former position after completion of a limited term position if the Employer decides she is no longer needed in the temporary position. Positions shall be awarded on the basis of skill, knowledge and experience. Where these factors are relatively equal, seniority is the deciding factor. A promoted Employee shall remain at her same increment in her new classification (i.e. Step 7 Reg. Nurse moves to Step 7. Assistant Head Nurse). Decrease the trial period for a promoted or transferred Employee to 310 (from 325· 112) hours. Employee's request to return to her former position during her trial period shall not be denied. Orientation period shall be 10 shifts under direct guidance. The first 7 shifts shall be day shifts. The first 3 shifts on evenings or nights shall be under direct guidance. 15. Layoff and Recall Reorganize a rticle. Employer acknowledges the value of local discussion to address " local circumstances which may warrant modifications of Article 15". Employees who have been displaced or whose position has been eliminated must make their decision based on: ( 1) taking a vacan cy prior to displacing anoth er employee (2) if displacing another employee, taking a least senior position. The Employer does not have to create a vacancy by laying off the most junior Employee. Current There shall be no layoffs during the term of this agreement. Employer can eliminate positions but cannot reduce number of regular hours worked. Increase notice of position elimination to 28 days. Any Employee whose position has been eliminated (delete limit of 24 months seniority) shall have the right to bump or take a vacancy. If the Employee does not select a position or vacancy, the Employer must place the Employee in a position. l l.N.A. NEW~IWLU;TJN i) (I Article AHA RAH UNA 15. Layoff and Recall Continued Employer wants ability to hire new casuals and run job competitions for all regular positions while Employees are on layoff. Include a definition of "ability to perform work" which will require Employees to be job ready without orientation. This will significantly restrict the ability of displaced Employees to select vacancies or other positions. Curren t If a position is eliminated due to a transfer or relocation of serv ices (to another Employer or to a different site of the same Employer) the Employee also has the right to transfer with her position to the new Employer or new site. An Employee w ho transfers with her position to a new Employer will maintain her seniority and not have to serve a probationary period. Increase Employee's decision time to 72 hours. Procedural clarification of the bumping provisions to ensure a fair process with minimal disruption to the Employees. If an institution is closed , each Employee shall receive 1 month salary for each year of service based on full -time salary. 16. Temporary Assignment Pay Current Current Employer to designate in -charge person if supervisor absent from unit (Remove 2 hour time period delay before nurse receives charge pay). An Employee performing charge duties will receive charge pay whether or not the supervisor is present. Increase charge pay to $3.00/hour (from S 1.251 If no out-of-scope person is on-site the in -charge Employee receives an additional $2.00/hour. Any nurse is entitled to charge pay if s he is designated in charge. Increase payment for out-of-scope assignment to $3.00/hour (from S 1.50). An Employee who acts as a preceptor or tutor shall be paid at the instructor rate for the duration of the preceptorship. 16.1 Ambulance Duty Current Current Increase payment to $75.00/round trip (from S50.00). 17. Vacations with Pay An Employee d oes not accrue vacation while: (a) on layoff; (b) on approved LOA ; (c) receiving WCB or disability insurance . Employees no longe r to be permitted to carry forward vacation from one year of employment to the next. Employee to be able to take vacation as ea rned. Vacation entitlement to be equal for sta ff nurses, AHN's, HN's, and instructors. Vacation entitlement: (i) in tst year of employment: 165 hours, (ii) for each successive year an Employee receives an additio nal 8.25 hours. Employer to indicate approval or disapproval of vacation request in writing. Minimum percentage of vacation pay to be received upon te rminatio n increased to 8%. Another 0.4% to be added for each addi tional 8.25 hours of vacation entitlement. 18. Named Holidays Effective January I , 1993 the AHA wants to limit the floater holiday to Employees hired before Feb. 1st. An Employee can mutually agree to not be off on any of the actual Named Holidays. An Employee is not entitled to Named Holidays w ith pay whch fall during a period of LOA, WCB, STD! or LTDI. An Employee can mutually agree to not have time off on either Christmas or New Year's Day. An Employee is not en titled to Named Holidays with pay w hich fall d u ring periods of LOA, WCB, STDI or LTDI. Add Easter Sunday. Increase payment to 2X for work on a Namt."d Ho liday (from t - t/2XI The lieu day can only be scheduled on an agreed-to date. C hoice of d ay added to annual vacation or payment for day at basic rate of pa y to be at the Employee's sole discretion . Increase days off consecutive with Christ mas Day or New Year's Day to 5 d ays (from 2). Unless otherwise requested by the Employee, an Employee s hall receive either Christmas or New Year's Day off. An Employee must be granted a Named Holiday w hich falls adjacent to her weekend off duty. 19. Sick Leave The following changes refer to Employees w ho can no longer perform own position's work but can do own classi fi cation's work: · 28 days aft er an Employee gives notice of her date of RTW, the Employer will attempt to identify an existing position w hich is within the Employee's classificat ion and capabilities AND the position must either be vacan t or occupied by a less senior Employee. Time limitations may be extended by mutual agreement between the Union and the Employer. NB: The placement will be "at the ea rliest possible opportunity" · this may be 21 days o r later if a suitable position cannot be found . - If an Employee is not placed the process of finding her a position begins anew "should ci rcumstances change." - The Employee displaced by the Employee returning to wo rk will be "eligible to be placed into alternate positions in accordance with Article 15." Employment will be terminated after 24 months on LTDI. Sick leave credits will not accumu late d uring LOA's longer than 30 days o r layoff. Change refers to Employees w ho can no longer perform own position's work but can do own classificatio n's work: - An Employee will only be reinstated " when a vacancy is available." The Employer is not permitted to reference. discipline or dis miss an Employee for illness or injury related absences . Benefits from Art 19&21 must be provided for any health-related absence during pregnancy , childbirth or post-delivery. Increase sick leave credits to 2 days/month Increase maximu m sick leave credits to 180 day~ An Employee w ho brings sick leave credits from another facility can access them immediately. Employee to receive sick leave for any satisfactorily-proven illness during vacation. An Employee who doesn't quali fy for LTDI and exhausts her sick leave credits is on sick leave (without pay/benefits) fo r the duration of her illness. Add " medically" before a ll re ferences to capabilities. Decrease length of notice of RTW to 2 weeks. If Employee is incapable of performing duties of her position but is capable of performing work of own classification, the Employer must place Employee in a position. An Employee who is dispaced b y a RTW employee is entitled to bump as per Article 15.03. Upon RTW the nurse will be credited with increments, vacation and other benefits as though she had been at work. Sick leave credits may be used for any healthrelated appointments. l i.N.A. NEWSBULLETIN Article AHA RAH UNA 20. Workers' Compensation "Full net salary" to no longer include payment for premiums. Employer permitted to deduct more than 1/ 10 of a sick day for each day of WCB leave. Contain conditions are to be met before the Employee receives full net take home pay. Full net salary to no longer include payment for premiums. Employee will accrue vacation credits for first 30 days on WCB. Insert "medically" before any reference to capabilities. Employee on WCB conti nues to accrue increments, vacation, sick-leave credits and other entitlements. Any Employee displaced by a RTW employee shall be entitled to displacement rights of Article 15. 21 . Prepaid Health Benefits A UIC SUB plan (for maternity leave) may be implemented at the Employer's option. Reward article to specify who does receive benefits (currently who does not) . Current Benefit plan to pay 100% of prescription drug costs. Increase group life and accidental death/disability, LTDI, STD! and dental care. In addition these benefits shall be indexed to the salaries appendix. Add vision care and chiropractic services. Employer to pay STDI and LTDI directly to Employee. Employer to pay lOO% of premium costs. All regular and temporary employees to be covered. All retired Employees to receive group life, AD&D, dental, vision and chiropractic coverage. 22. Leave of Absence Combine maternity, adoption and paternity leaves into "parenting leave". Court appearance to be changed to pay for hours missed with the Employee reporting to work at the end of the court session. During health-related portion of maternity leave, Employees entitled to sick leave, STD!, LTDI or UI SUB plan benefits. " Regular earnings" for bereavement leave and court appearance to exclude premiums. Maternity leave to "be discussed in light of Parcels award and possible introduction of SUB plan." Increase length of bereavement, maternity, adoption and education leaves. After 10 years of continuous service an Employee is entitled to education leave with 60% of salary and full benefits paid by the Employer. Special leave of 5 days/year with pay for pressing necessity. All pension contributions shall continue uninterrupted by LOA. Witness duty pay not to be restricted to employment only . 23. Discipline, Dismissal and Resignation Current Current Expression of dissatisfaction with Employee's conduct or performance cannot become part of the Employee record unless Employee and Union have received written warning. Discipline removed from file after one year. Employer must provide 24 hours' notice of a disciplinary hearing. Failure to meet any provision of Art. 23 renders suspension, discipline or dismissal null. Just cause for discipline or dismissal or suspension of a probationary Employee. 24. No Strike or Lockout Current Current Current 25. Salaries Delete reference to new positions which were created under former collective agreements. Delete reference to new positions which were created under former collective agreements. Payroll cheque stub to include a monthly display of banked overtime, sick credits and vacation days accrued , incre ment date and lieu days (Named Holidays). Salaries cannot be paid less than bi-weekly. Where possible, s hift workers will receive the cheque (cheque stub) on the day prior to pay day. 26. Educational Allowances Current Current Increase clinical course, dual registration, N UA course and one year diploma to so~. Increase mid·wife course to S 1.00 Increase baccalaureate to S2.00. Increase Masters to $2.50. Add Doctorate Degree (S3.00) and one year university ( 50~) Allowances for clinical courses to be cumulative up to two courses. 27. Recognition of Previous Experience Current Current Wording changes to include 9th & lOth increments. Delete "satisfactory to the Employer" regarding nursing experience. After completing a refresher course an Employee advances I increment for each 2 years of previous experience. 28. Shift Differential & Weekend Premium Current Current Increase shift differential to $2.00/hour. Increase weekend premiums to S2.00/hour. 29. Pension Pla n Current Current Employer to ensure LTDltime is pensionable. Supplementary pension plan provided to allow retirement with full pension at age 55 (fully funded by Employer and fully indexed to Albe rta Cost-of-living). 30. Part-time, Temporary & Casual Employees AHA made a number of proposals to make changes consistent with changes in the main body of the agreement. Allow for scheduling of casual employees 21 days in advance. A part-time Employee who works additional shifts may, under certain conditions, take all or a portion of the number of hours of paid vacation time earned on those additional s hifts in pay instead of time off with pay . RAH made a number of proposals to make changes consistent with the changes in the main body of the agreement. Decrease pay for part-timers working on a scheduled day of rest to straight time. Decrease amount paid in lieu of vacation to casual Employees by basing pay on basic rate of pay rather than regular earnings. In addition to charges to this article to make it consistent with the main body of the agreement the following changes are proposed: Temporary Employees no longer prohibited from applying for other positions. Each part-time Employee shall be scheduled for shifts of a consistent length. If any Employee works more hours per shift than agreed-to, s he will receive overtime for those extra hours. No changes to letter of hire except by operation of the Collective Agreement. ... l'.N.A. Nt:WSUl'LLt:TIN 7 Article AH A RAH 30. Part-lim e, Temporary UNA Guarantee of 2 consecutive days of rest per week. Employer must pay part-time Employees picking up an additional shift and casual employees for 8.25 hours if the shift is cancelled with less than 8 hours' notice. Nursing hours worked concurrently for another Employer shall be considered in determining movement on increment scale. All hours of work and sick leave with pay shall be recognized for determining vacation leave with pay. Increase pay in lieu of slats to 5.2% of gross earnings (rather than regular earningsl. Part-time Employees shall accrue sick leave credits for all paid hours. Casual Employees to receive 15% of gross pay in lieu of benefi ts. & Casua l Employees Continued Current Current Current 32. Grievance P rocedure Extend Di rector's (Step 21 deadline to respond. Administratio n may delegate response duties at anytime. Group grievance involving I NUS commences at step I . Wording changes to reflect titles o f administration. Delete Step 2 (filing with Director). Administrator has 10 days to reply. If Employer fails to comply with any time limits, Employer concedes grievance. 33. Arbitratio n Current Current Parties to use sole arbitrator selected from an agreed upon roster (wording cha nges to reflect thisl. 3 4 . Occupa tio na l Hea lth & Safet y Board of Trustees allowed to refer Union's OH&S presentation to a committee rather than full Board. Current Employer must accept O H&S forms and cannot penalize, harass or discipline an Employee w ho submits one. Specify 4 reps from Union and Employer. Specify fu nction of Committee. Time limits set for Employer response. Establish an Independent Assessment Committee to review complaint and make binding recommendations. Employer responsible to ensure a fair and harassment·free work environment. Employer to pay for all medication an Employee requires related to her work. No Employee shall participate in a bomb search. Employer must provide sufficient and qualified security personnel on all shifts. Emergency security devices (UNA approvedl to be p rovided on request. 35. ln·Service Progra m s Current Current Change title to Professional Development with wording changes to reflect the above. Add WHMIS, Universal Precautions and Aggression Management to required in-services. All Employees to be granted 5 paid days/year for educational improvement. If Employer requests Employee to upgrade her educational level, the Employer shall pay tuition , wages and benefits. 36. Professiona l Board of Trustees to be able to refer Union's Prof. Resp. presentation to a committee ra ther than full Board. Current Add preamble which slates both parties desire the best possible nursing care, services and health protectio n for patients and public. Clarify all PRC members to receive minutes of PRC meeting. Specify func tion of PR committee. If response from Board of Trustees is unacceptable, an Independent Assessment Committee s hall be established to review concerns and make binding recommendations (wording for p rocedure also). Employer must accept all PR forms and not penalize, harass o r discipline any Employee who submits a form. Every 3 months the PRC will receive written review of target hours , patient acuity and actual hours worked for each unit. AHA made a number of proposals to make changes consistent with changes in the main body of the agreement. Part·time Employee not normally covered by Art 37 who works an additional shift which is an extended workday s hall be paid straight time only, even if she is not replacing an extended workday Employee. RAH made a number of proposals to make changes consistent with changes in the main body of the agreement. Agreements to be made between Employer and Employee rather than Employer and Union . Extended workday Employees to be entitled to a total of 93 hours for Named Holidays. Delete wording w hich specifies that an Employee shall be entitled to 11 Named Holidays and 1 Floater Holiday. Delete reference to 7-3/4 hours pay. 3 1. Copies o f the Collective Agreem ent Respons ibility 37. Exte nded Work Day 38.X NEW 10.25 Ho u r Shifts 8 t l.N. A . N t-~W S Bl f L LET I N In addition to changes in this article to make it consistent with the mam body of agreement the following changes are proposed: - hours of work to include 2-30 minute meal periods with paid time being 12.25 hours - increase time off duty on a s hift changeover - in troduce scheduling option which would ensure days of rest on alternate weekends and no more than 3 consecutive extend ed s hifts - day in lieu of Named Holiday to be paid for 12.25 hours Part-time Employees covered by Art 37 shall work 12.25 hours per s hift. A part-time Employee who agrees to replace an extended-workday Employee shall be paid at straight time. Similar to Article 37 and p rovides for: - 19 shifts in 5 weeks - total weekly hours to be 38.95 averaged over 1 complete cycle of the shift schedule - 3 - 20 minute rest breaks and 1-30 minute meal breaks/shift - guarantee of 2 weekends off in each 4 week period - maximum of 4 consecutive shifts Article AHA RAH UNA 38. Uniforms Current Current If the Employer requires uniforms, the 39. Position Description Current Current Change "job" to " position" 40. Committee Participation Current Current Employee to be paid at applicable rate of pay (currently basic! No pyramiding Except as otherwise allowed in the contract there is to be no pyramiding of benefit s. Technological/Organizational Change Employer to notify Union 120 days prior to changes. 41. New Employer is responsible for supplying and maintai ning uniforms. Employer to pay for damage to clothing/personal possessions during work time. 42. New Unemployment Insurance Rebates Employees' portion of rebates to be returned to Union not Employer so that Employees can d etermine how monies are used. 43. New Community Nurses Based on current Local Conditio ns for Local 1179 (with changes as pe r main contract) 44. New Employee and Family Assistance Program Parties to meet and develop a provincial EFAP to be in effect by April I, 1993. Current EFAPs to continue to April 1993. Letter of Understanding (Ward/Unit) Delete Delete Renew with date changes. Letter of Understanding (8th increment) Delete Delete Delete Further Changes to Contract: Parties to examine ways to meet needs of both parties w hile minimizing impact of outside fundin g constraints. Work Force Stabilization Parties to examine total number of replacement hours worked (casual , overtime, additional shifts). Employers will convert these to regular positions and post the resultant vacancies. Rates to be negotiated . Increase all increments by $2.00/year. Add 9th and lOth increments. Northern allowance (for Employees above 55th parallel) of $50.00 bi-weekly. New · Letter of Understanding Salaries Appendix At the appropriate time AHA will table a proposal which it believes to be fair and equitable. Record Number ofEm loyer Fro osals by Heather Smith, UNA President The summary of the Employer proposals is extensive because the Employers, in particular the AHA, has proposed a record number of modifications to the Collective Agreement. My short summary attempts to identify the proposals which have a significant negative impact on UNA members. The Alberta Healthcare Association (AHA) and the Royal Alexandra Hospital (RAH) have proposed wording regressions under the guise of "flexibility". These changes might also be characterized as "more Employer control". In the AHA package, there are repeated suggestions in hours of work (Articles 7, 30 and 37) to diminish requirements for posting the schedules and to change the schedules with less than two weeks notice if the Employee agrees. The Employer also proposes unlimited and unrestricted alternatives to the Options in Article 7. The Employer wants to double the length of the probationary period (Article 11). The changes proposed in the layoff provision (Article 15) reflect a desire by the Employers to take more control of the process. The Employers want to restrict the choices an Employee would have in the event of a layoff or position elimination and to add skill criteria which further limit the placement of Employees and the return of Employees who ha'v e been laid off. The same trend is evident in the Workers' Compensation (Article 20) and with regard to return to work from Long Term Disability (Article 19). The Employer proposes restrictions and diminished responsibility for the placement of injured Employees returning to the work place. The proposals under Occupational Health and Safety (Article 34) and Professional Responsibility (Article 36) will diminish the ability of the Union to access the Board of Trustees with concerns. It will be possible for the Board of Trustees to delegate concerns to a subcommittee of the Board, rather than a meeting with the full Board of Trustees. Although the RAH did not submit the same volume of proposals, the contents may be viewed as more regressive than the AHA. The RAH proposes the same changes as the AHA in Hours of Work, but adds additional regressions which will diminish guaranteed weekends to two in five weeks and suggests a minimum of seven consecutive shifts, instead of the current six consecutive shifts. The RAH also suggests reducing the penalty for changes to the shift schedule from 2X to 1-1/2X. The RAH did not suggest doubling the length of the probationary period, but did suggest the probationary period commences after the completion of the orientation. Perhaps one of the most offensive proposals by the RAH relates to seniority (Article 12). The RAH suggests seniority is based on "hours worked" instead of the date of hire. The RAH did not propose the same regressions to reinstatement from injury of illness. On returning from Long Term Disability (Article 19) an Employee must wait until a "vacancy is available". A trend in the RAH proposals is to change the assurance of' 'regular earnings'', which include premiums an Employee may be entitled to receive, to ''basic rate of pay'' (Articles 20, 22 and 30.06). Neither the RAH nor the AHA proposed a change to wage rates. Both the RAH and the AHA proposed to delete the Letter of Understanding regarding Ward or Unit. The various negotiating committees depend on your feedback to ensure that appropriate decisions are made. We will seek collective agreements that are consistent with the needs of our membership. Many members have already assisted the hospital negotiating committee by completing Input Sheets. I thank you for your participation and look forward to your continued involvement. lf.N.A. NEW:SUl JLl,E'riN H Dear Ms. Carry: Thank you for your letter outlining some of your concerns regarding the challenges facing today's health system. I apologize for my delay in respond ing. As you point out in your letter, recent reductions in federal government payments to the provinces for health care have indeed put additional pressures on ou r Alberta system. At a recent meeting of provincial and federal health ministers that I attended in Winnipeg. the Honourable Benoit Bouchard, federal Minister of Health , indicated a clear commitment on behalf of the federal government to protect and preserve Canada's universal health system. In the face of federal deficit reduction efforts, however, it w ill be important that all Canadian, including provincial governments, ensure that commitment is carried out with the appropriate financial support to provinces. With reference to your comments regarding the Rainbow Report, I can assure you that I share your concern w ith any changes to our current health system that would increase the level of ''bureaucracy'' in that system . I have said before that I would not want to put in place any structure that does little more than add another " level" into the system. The Rainbow Report recommendations, while offering some alternatives to how we deliver health services are only that · alternatives and there will be many areas where the intent of the recommendations can be reached but with a different delivery mechanism. The government will be releasing its response to the recommendations of the Rainbow Dear Friends, On behalf of the members of the Public Service Alliance of Canada, I wish to thank you for your generous assistance during our strike. Strikes are always difficult but we are additionally burdened with an employer whose agenda is to remove the rights of workers to collectively bargain and impose economic controls on those same workers that reflect their anti-worker sentiment. Although our picket lines are down, the struggle to protect and entrench workers' rights will continue. This government will be facing an election in the near future. We will take our struggle to that election campaign and as well we hope you will make workers' rights an issue for the politicians to consider. Once again thank you for your support. In Solidarity, Joanna Miazga, Report later this fall and I'm certain you w ill find our approach, as a government, will not be in the direction of increased "management" but rather better management. In respect to your comments on the changes to the Aids to Daily Living jAADL) Program I would stress that there have not been reductions to this program this year, in fact an additional $13 million was provided to its budget for 1991/92. This was done to help address the ever-increasing cost and utilization of the Program. At the same time there were a number of lower cost items removed from the AADL benefits list and other items did have their authorized frequency or quantity of use reduced . These changes were made to help free resources to allow more expensive medically-required products such as power wheelchairs and home ventilation therapy to be added as eligible benefits and to enhance benefits for diabetics and the visually impaired. The items removed from the benefits list were considered to be lower cost or lower frequency-of-use items and the intent was to focus the limited resources on all of those supplies and products which have the potential for much greater financial and health impacts and thus much greater impact on an individual's ability to remain independent in their own home. Any individual whose specific medical, financial or social situation requires supplies in excess of the normal program maximums can apply for additional quantities through an AADL Benefits Appeal Process. Those Albertans experiencing financial difficulties can apply for exemption from cost- sharing provisions through a Cost-Share Appeal Process. All low income Albertans are exempt from cost-sharing. These changes to AADL were made in an effort to direct the program to those individuals having the greatest need and thus, in the long term, increase its potential to keep people out of institutions. I firmly believe that the changes will have that desired result. In the larger context, there are no easy solutions to many of the challenges facing our health system and I know I don't have all of the answers. We will certainly continue to focus on the most efficient and effective use of our acute care facilities through the Acute Care Funding Plan and its associated rolestatement component. We will continue to try to move the emphasis of the health system toward health prevention, promotion and community care. We will continue to attempt to address some of the issues facing the nursing profession through the Premier's Initiatives on Nursing program. And we will continue to work in partnership with all sectors of the health system to ensure that health dollars are expended on those programs and services and in those locations where they will do the most good. Thank you again for bringing your concerns to my attention and I hope I have been able to clarify, at least a little, some of the issues you raised. Yours sincerely, Nancy J. Betkowski · Minister We Are Merely Pawns Upon The Chessboard Of Life! By: Yes.sy Byl, LRO FAC1S: The hospital decided that they no longer wanted acute care units at their downtown site (Edmonton General). They closed one of the two acute care units· giving the nurses on that unit position elimination notices. With respect to the remaining acute care unit, they decided to ''transfer'' the en· tire unit to the Grey Nuns site · without regard to the nurses' wishes. Northern Alberta, Regional Strike Coord. , PSAC ARGUMENT: It was the Union's position that the nurses on the' 'transferred unit'' should have received position elimination notices and that the newly created positions on the Grey Nuns site were ''vacan· cies". The Union argued that a nurse's " position" included the physical location of her unit as well as such factors as nursing focus, status, etc. and that the Employer did not have the right to unilaterally transfer a nurse from one position to another. Don't read this! DECISION: The decision was pretty straightforward. The Board simply found that the Collective Agreement did not deal with the concept of more than one work location for an individual employer. As the Board stated: lAM 721 From the back o{ the ~LM ''... it appears that the parties have not yet addressed this issue at the bargaining table. As a consequence} we are being asked to ascertain what the parties meant by the words they used and to give effect to their expressed intention in circumstances which were unforseseen at the time the relevant provisions were agreed upon." BELIEVE IT or not, this is the text of a notice that appeared on a Canadian Aircraft Products bulletin board: BULLETIN BOARD NOI'ICES ARE NOT TO BE READ DURING WORKING HOURS! 10 U.N.A. NI<:WSllULJ.E'fiN • In essence, the Board found that since the parties had never addressed the issue in bargaining, there was no limitation on management's right to transfer the unit to another site. With the provincial trend of amalgamating hospitals, this has become a very important issue for upcoming bargaining. DALE FIOR - Secretary Treasurer Holy Cross Hospital (Calgary} • Part-time staff nurse (Orthopedics} SANDIE RENTZ - Vice President Red Deer General Hospital • Part-time staff nurse (Recovery Room} HEATHER SMITH- President Edmonton General Hospital - Part-lime staff nurse (medicine} UNA Executive Board DARLENE WALLACE- North District • QE ll Hospital (Grande Prairie} • Full-time staff nurse - ICU SHELLEY MOUG - North District • QE 1/ Hospital (Gronde Prairie} • Part-time staff nurse ISA.BELLE BURGESS - North Central District • Royal Alexandra Hospital {Edmonton} • Part-time staff nurse CARMEUTA SOL/MAN- North Central District • Edmonton General Hospital • Part-time staff nurse renal unit GAlL TYMENS- North Central District • Hospital District 1124 • Fulltime staff nurse - long term care. GINA KELLAND- North Central District • Charles Camsell Hospital tEdmonton} • Full-time staff nurse VALERIE HOWWJCH - North Central District • Vegreville Health Unit • Full-time nurse - home care BEV DICK - North Central District • Misericordia Hospital IEdmonton} • Casual ANDY LEBLANC - Central District • Red Deer General • Part-time staff nurse MARILYN COADY- Central District • Wetaskiwin Hospital • Fulltime staff nurse HOLLY HEFFERNAN -South Central District • Rockyview Hospital (Calgary} • Part-time staff nurse (working on BN} KATHY ]AMES - South Centrol District • Foothills Hospital (Ca/gary} • Full-time assistant head nurse PAM LIEXJEROf- South Centra./ District • Grace Hospital Women's Health Centre • Full-time staff nurselabour & delivery DONNlE MEEHAN - South Centra./ District • Holy Cross Hospital ICalgary} • Full-time staff nurse KEITH MALKlN- South Central District • Alberta Children's Hospital • Full-lime staff nurse KAREN CRAIK- South Centrol District • Foothills Hospital (Calgary} • Full-time staff nurse DIANE POYNTER -South District • St. Michael's Hospital ILethbridge} • Full-time staff nurse SHEILA BAILEY- South District • Lethbridge Regional Hospital • Fulltime staff nurse l".N.A. NEWSIKI.U:TI X 11 ''Working Thgether'' David Harrigan' s Report to Delegates at the UNA 1991 AGM Good morning! I am pleased to be here. As Director of Labour Relations I find one of the most frustrating parts of my job is the amount of time I have to spend stuck in the office or s tuck in a meeting debating esoteric issues a nd fine points of law rather than being out where the action is with you people. And so I really enjoy coming to Annual Meetings . It's a chance for rejuvenation, a chance to touch base with the members and see if, in fact , what we are attempting to accomplish is what the members are wanting us to accomplish . It is an opportunity to look back to see how we' ve done over the past year and see what sort of priorities we have for the future. The role of the Labour Relations section of the Union, at least in my mind, can be s ummed up as assisting the members in ensuring that the work of the Union gets done. Some of the activities that we are involved in include contract interpretation, negotiations of collective agreements, providing assistance i~ grieva~ces and in arbitrations, providing education and Issuing a numbe r of publications aimed at a variety of a udiences. Your staff are also involved in assisting the locals with issues of professional responsibility, occupational health and safety, short and long term disability, and workers' compensation. We've had a number of hearings at the Labour Board, the AARN and the RPNAA. I think there has been a tendency in the past to view years where the hospitals and health units a re not in negotiations as slow years where the Union gets a chance to take a breather. But it certainly seems to me that this past year has been the busiest in the three years that I've been here. We've certified nine new locals since we met last year. The certification process ranged from the relatively simple case where we would visit a rural hospital where essentially the nurses would h~ ve already organized the mselves and we would JUSt sign the m up to the cases like Local # 183 where the organizing actually began prior to the las t Annual Meeting, continued on through months with campaigning, charges and counter-charges and weeks of hearings at the Public Service Employee Relations Board and finally culminated in a certification vote. Even though our major groups (hospitals and health units) have not been in bargaining we have been very involved in negotiations in the past year. We have successfull y negotiated te n collective agreements since this group me t last year. Again, some of these have been relatively simple where we've been able to sit down and at one session sign off an agreeme nt. Othe rs, however , CPL and Chinook Health Unit for example, have taken anumbe r of months, hearings, votes and mediation. We've been involved in negotiations down in Lethbridge for what we thought was going to be a re la tively simple transfer of services between two hospitals which has now resulted in lite ra lly months of negotiations to try to reach a letter of understanding. And of course we've had Local # 173 which has been on strike for more than four months now. And above and beyond that we've all been involved in preparing for the hospital and health unit negotiations . We've put on a number of workshops in the last year and have taught over 500 members on issues s uch as Local Administration, Contract Interpre tation, Political Action and the handling of grievances. On the issue of grievances, I took a look the other day and discovered that since ou r last Annual Meeting we've opened 629 grievance files. As I 12 recall, four years ago that we were averaging about half that number. Now obviously the majority of those 629 grievances have since been resolved, ~>Ut at any given time we have over 200 active grievances. We've gone to arbitration on a large number of grievances in this last year and we have a large number of scheduled arbitrations in the upcoming months . We've received decisions of 14 of the a rbitra tions. For those of you that are keeping score, we've been successful on 6, and unsuccessful on 8. Some of the one we were unsuccessful wi th, I wou ld consider very major issues. For example we've discovered that in the case of an employer having two or more hospitals they now believe they have the right to unilaterally transfer units from one hospital to another. We've been s u ccessful, though , on some very major issues as well. including the issue at the Devon Hospital where the employer attempted to eliminate every position and then recall everyone back to work. We've also received the decision of the Board of Inquiry regarding the treatment of employees on Maternity Leave has been handed down. We've had a number of meetings with AHA to determine how that decision is going to be implemented Discussion of this matter will continue in the new year and we hope to have a resolution quickly. Over the past year, certainly one of the most frequent concerns that has bee n expressed to me as the DLR is the availability of the staff in orde r to assist the members. This has come both from the members as well as the staff themselves. And as Director, I, a long with your Executive Board, have recognized that this is a problem and ha ve taken some steps tha t we hope w ill help that. As Heather indicated we he ld a two-day meeting with all of our staff and the Executive Officers. One of the goals at that meeting was to try and determine what changes we could make internally in orde r to provide a better delivery of services. As a result we've increased the number of Labour Re lations Officers by one, we've elimina ted the E/PO position and replaced it with two positions, one foc~s­ ing solely on education and the other concentratmg sole ly on communication. In addition we have created a temporary Labour Relations Officer position in the Calgary Office. It may well be that in the upcoming year we will have to take another look at our s taffing because the year that we face is going to be just as busy or even busier t~a': the year we've just been through. As Heath~r mdi~at­ ed there a re some major challenges w1th whtch we're going to have to deal. . . We 're going to have to look at how th.ts Um~m will deal with the high demands on the ttme of 1ts staff and on the time of its local executives. We must deal with the possibility of new labour legislation that's been talked about which would provide some form of a limited right to strike or a right to strike as long as the government could assure it's not effective. How are we going to deal with hospitals who ve ry intentionally ch?Ose simply to ignore the provisions of the collective agree ment knowing that a llowing the grievance process to run its course through to arbitration takes such a long time that justice is never really achieved. As an example, earlier this year we had a grievance at Local #2 in Red Deer. The issue was the fact that the employer had a number of undergraduate nurses and one day they wrote them all letters saying " Congratulations! We've decided to reclassify you. Your work hasn' t changed. You' re no longer called undergraduate nurses. You are now nursing attendants. Oh, and by the way, we are paying you two dollars an hour less than we used to!" UNA grieved that. Finally, w e had the arbitration hearing where w e listen ed to all the evidence and arguments that both sides presented. The hearing e nded and all that was left to do was for the Board to meet and d etermine which side was going to be successful. I was telling my wife about the hearings that night, I got about midway though explaining the h~ar­ ing when my wife announced that she had JUSt been to the doctor and she was two months' pregnant. But the point, if there is one, the point to all of this is that my son is now a month old and we're still waiting for the arbitration decision. Employers know that this happens and take advantage of it. We a re going to have to fig ure out a w_ay to deal with employers like that and we are gomg to have to determine how we are going to deal with employers like the Lutheran Welfare Society who employ our nurses at Bethany. In the name of Christian love and charity, the LWS proposes to pay their nurses less than w hat they are paying the scabs that are currently working there. We need to devise ways to deal with the fact that we're going into bargaining for our major groups in a climate that is far, far different from what we saw the last round. We need to devise ways to deal with the government and their attempts to step back from the culpability in the pension fiasco. And we need to devise ways of dealing with the growing trend towards regionalization and rationalization of health care services. All of these issues are going to be in front of this Union. Some of these decisions will be made by you in the next three days. Some of these are going to take a lot longer to work th rough . There a re lots of different possible answers a nd different possible strategies for dealing with them. I wou ld just again like to reinforce that the only way to be successful is the same way we've been s uccessful in the past. To listen to the membership, to take a stand and to make sure that everyone is standing togethe r. Thank you. President Heather Smith Home: 437-2477 Work: 425·1025 .fbm Liegerot Home: 230-8101 Work: 284-1141 (3151 SOUTH Diane Rlynter Home: 327-3501 . 382-6482 NORI'H CENTRAL BtN Dick Home: 430-7093 Work: 484·8811 (671) Carmelita Soliman Home: 487-3812 Work: 482-8397 425·1025 t -800-252·9394 Fax: 426-2093 David Harrigan Director of Labour Relations Valerie Holowac~h~----:= G111a Kelland Home: 477·5847 Work: 453-5441 LsabeJ/eBurgess Home: 462-7961 Work: 477-4817 (Stn. 17) GaillJmem Home: 458-0503 Work: 478-9221 (215) CENTRAL Andn1w LeBJanc Melanie c:Mpman CO. Yessy Byl L.R.O. Murmy Billett L.R.O. Nora Spencer L.R.O. 1l'udy Riclwml.!on E.O. Home: 346-8309 Work: 343-4448 lAulene Rathgeber Director of Finance and OffJCe: 342-2033 Muilyn Cocdy Administrative Services Home: 352-8552 Work: 361-7131 SOUTH CENTRAL Holly Hti(fenran Home: 255-0479 Work: 259-7511 (I.V.I Kalhyjames Home: 295-2442 Work: 670·1517 Karen Craik Home: 236-5326 Work: 670-1315 Donnie MeeJun Home: 295-1609 Work: 541-2153 Keith .t.il1kUt Calgary Office SOS Pacific Plaw 700 - 6th Avenue. S.W. Calgary, Alberta T2P OT8 m-zm 1-800-661-1802 Fax: 263·2908 Michael Mearm L..R-0. Marilyn~ L.R.O. Laurie Coates L.R_Q. Rick l.llmplhire L.R.O fiQJpJ. Home: 248-8805 "MM: 229-7898 HN.A. Nt:WSBl ' LU:TI~ It? -Constitution &Local By-Laws With Amendments as of November, 1991 AMENDMENTS TO THE CONSTITUTION As of November, 1991 THE FOLLOWING ARTICLES HAVE BEEN AMENDED AS OF THE NOVEMBER 1991 ANNUAL MEETING: Article #: 5.11, 6.03, 6.05, 8. 11, 11.04 (b), 11.04 (c). 11.07, 13.08, Appendix A Bylaw IV ARriCLE 1.: Name 1.01 1.02 3.04 This organization shall be known as the United Nurses of Alberta (hereinafter referred to as " U.N.A."). ln the interpretation of this Constitution, 3.05 the feminine gender used herein shall mean and include the masculine, and the singular shall include the plural and vice versa as applicable. ARriCLE 2: No person shall be refused membership because of nationality, race, colour, origin, sex or sexual preferance, age, physical disability or religious or political belief. Membership in a Local Union, chartered by the U .N .A., shall also constitute membership tn the U.N.A.; however, no person shall act as or be deemed to be an agent of the U.N.A. or any chartered or subordinate body of the U.N.A. because of her membership un less specifically authorized in writing signed by an appropriate official to so act. The advancement of the social, economic and general welfare of nurses and other allied personnel. (a) The regulation of relations between nurses and other allied personnel and between nurses and their employers. (b) The negotiation of written contracts with employees aimed at implementing progressively better conditions of employment. 2.03 The promotion of effective communication with employers. 2.04 The promotion of the knowledge of nurses and other allied personnel in all things related to their social and economic welfare through education and research. 2.05 The promotion of the highest standards of health care. 2.06 The promotion of unity within the labour movement, the nursing profession and other allied fields through cooperation with and support of other organizations. 4.02 4.03 ARriCLE 3: 3.02 3.03 2 All registered or graduate nurses and other allied personnel who are eligible to engage in collective bargaining are eligible for membership in the U .N .A. provided that no allied personnel shall be admitted to membership without the approval of a two-thirds (2/3) vote of the Executive Board subject to endorsement at the next annual meeting. For greater certainty, without limiting the generality of the foregoing, persons who in the course of their employment permanently exercise managerial functions or who are permanently employed in a confidential capacity in matters relating to labour relations shall be excluded from membership. Any member who is eligible to be a member of the United Nurses of Alberta and pays such dues or assessments as may from time to time be required, shall be accepted as a member ll.N.A. {'O~S'fl'fUTION The affairs of the U.N .A. shall be managed by an Executive Board which shall be composed of the following : 1) President; 2) Vice-President; 3) Secretary-Treasurer; 4) District Representatives: The number of District Representatives shall be determined on the basis of one (1) District Representative for the first one thousand (1,000) dues payers or part thereof in the District as of sixty (60) days prior to the Annual General Meeting, and an additional District Representative for every additional one thousand (1,000) dues payers or part thereof in the District as of sixty (60) days prior to the Annual General Meeting. There shall be a minimum of two (2) District Representatives for each District. All Officers shall be elected at an annual meeting except that a vacancy occurring between annual meetings shall be filled in accordance with 6.05, Appendix " B" or 10.10 (b) asappropriate. 4.04 Term of Office shall mean two (2) years or until their successors are elected. The Term of Office shall begin upon adjournment of the Annual General Meeting of U.N.A. 4.05 The duties of the Board shall be as follows: Membership 3.01 4.06 Only members in good standing of the U .N .A. are eligible for membership on the Executive Board. 4.07 In the event that a member of the Executive Board absents herself from two (2) consecutive meetings, i.e. Executive Board, Delegate, Special, Committee, Disciplinary Hearings, the reasons for such absences shall be delivered in writing to the President. If the reasons so delivered are found to be unsatisfactory to the Executive Board by a 2/3 ballot vote, the office of the member shall be declared vacant. Such vacancies shall be filled in accordance with Article 6.05 or Appendix B I, 3 as applicable. Such appointed or elected member shall hold office until the next Annual General Meeting at which time an election shall be held in accordance with Article 10.04. 4.08 Any member of the Executive Board may resign her office by giving notice in writing to the President. 4.09 Any Executive Board member who ceases to hold office for any reason, shaH, within one month turn over to the Executive Board, all documents, assets and property of the U.N.A. in her possession. 4.10 The District Representative shall designate an alternate member to attend Executive Board meetings in her absence. Executive Board 4.01 2.02 (d) THE DUTIES OF THE DISTRICT REPRESENTATIVES The District Representatives shall carry out generally the objectives of the U. N .A. and function as m embers of the Executive Board. (The terms of reference for District Representatives are as outlined in Appendix "B".) ARriCLE 4: Objectives 2.01 (c) SECRETARY -TREASURER The Secretary-Treasurer shall cause to be kept such regular books and records of the U .N .A.'s finances as shall be set up under the instructions of the Executive Board, shall cause to be maintained full records of minutes of all meetings of the Executive Board and of all meetings of the U.N .A. and shall cause to be maintained all records, documents and correspondence of the U.N.A. in good standing of the United Nurses of Alberta and the Chartered Local of the United Nurses of Alberta . Any member who shall be in arrears in the payment of dues or assessments for a period of six (6) months shall be automatically suspended from membership in the United Nurses of Alberta and the Chartered Local except when on an approved leave of absence, layoff or grieved dismissal. Notwithstanding the foregoing, any person who has resigned her membership in the U.N.A. due to her non-support of a strike or in the face of charges, or who has been expelled from membership shall only be eligible for membership in the U.N .A. or its Chartered Locals upon successful application to the Executive Board for reinstatement pursuant to Article 5.12. (a) PRESIDENT The President shall preside at all meetings of the Executive Board and all meetings of the U.N.A. and shall be charged with the responsibility of carrying out the policies of the U .N .A. The President shall be an ex-officio m ember on all Committees of the Executive Board. (b) VICE-PRESIDENT The Vice-President shall preside at all meetings where the President is absent and shall be charged with the particular responsibility of establishing and maintaining the flow of communication between the U.N.A. and its members, and between the U.N.A. and other organizations. ARriCLE 5: Powers of the Executive Board 5.01 (a) The Executive Board shall be responsible for constitutional interpretation. (b) The Executive Board shall be responsible for and accountable to the membe rship for the administration of affairs and activities of the U.N.A. when the U.N.A. is not meeting. 5.02 (a) The Executive Board shall be responsible for the formulation and development of the general collective bargaining objectives of the U.N.A. and for the presentation of the said objectives to the membership at meetings for discussion and approval. 5.09 The Executive Board may in the exercise of its powers do all such things and acts which in the exercise of its sole discretion better further the objectiv:es of the U .N.A. 5.10 Discipline of Members: Any member may be charged by another member of the following offences: (b) The Executive Board or any person or committee to which the Executive Board delegates such authority, shall be empowered to negotiate and enter into regional, Local, provincial or area-wide Collecti~e Bargaining Agreements on behalf of any Local or Locals without the necessity of the written authorization of such Local or Locals and the Executive Board or its delegate shall corrdinate activities towaFds this end in consultation with the Local Unions involved. 5.03 5.04 5.05 5.06 (b) Charges must be filed with the President within one hundred and twenty (120) days of the date that the complainant first became aware of or reasonably should have become aware of the alleged violation of the U .N .A. Constitution. (c) The Executive Officer (the President or a designate) shall review the charges to see if they comply with the above requirements. If the charges do not comply, the Executive Officer may reject them and provide written notice to the complainant. (a) Violating any provision of this Constitution or the Bylaws of any of its Chartered Locals; (b) Obtaining membership through fraudulent means or misrepresentation; (c) Instituting, urging or advocating that a member of any of the Chartered Locals of this union should institute action in a court of law against the U.N .A. or against the Executive Board or any of its officers or against any of the Chartered Locals or any of its members in respect of any matter concerning the affairs of the U.N.A. or any of its Chartered Locals or chartered bodies without first exhausting all remedies through the forms of appeal provided in this Constitution ; To the extent required for the proper functioning of the U.N.A., the Executive Board, or any person to which the Executive Board delegates such authority, shall employ, retain , direct, and compensate personnel, consultants, legal, accounting, and other professional personnel. and engage and pay for the use of premises and equipment. (d) Publishing or circulating either verbally or otherwise among the memb~rship false reports or misrepresentations concerning any member of the U.N.A. in respect to any matter connected with the affairs of the U.N.A. or its Chartered Locals; No monies of the U.N.A. shall be expended without the authorization of the Executive Board or such person or persons as the Executive Board or a meeting of the U.N.A. may from time to time authorize for this purpose. The manner in which monies may be withdrawn or cheques issued by the U.N.A. shall be determined from time to time by the Executive Board. All acts bona fide done by any meeting of the Executive Board or by any person acting as a member of the Executive Board, notwithstanding if it be afterwards discovered that there was some defect in the appointment of any such person acting as aforesaid or that they or any of them were disqualified, shall be valid as if every person had been duly appointed and was qualified to be a member of the Executive Board. A complainant may refile a charge in proper form provided that in no circumstance shall a charge be refiled after 130 days after the complainant first became aware of or reasonably should have become aware of the alleged violation. Executive Officer Review 1. The Executive Officer must then advise the accused of the complaint by forwarding a copy of the complaint in person or by double registered mail. The accused will at that time be afforded the opportunity to respond in writing to the complaint, within 30 days of notification of charges. 2. The Executive Officer must then review the charges and the accused's reply to determine if the complaint is frivolous or trivial and to determine if it is in the best interest of the Union to proceed with a disciplinary hearing. The Executive Officer at this time may also act as a facilitator or mediator to attempt to resolve this matter before hearing by a Trial Committee. 3. If the Executive Officer decides not to proceed, the complainant has a right to appeal this decision to the Executive Board. The Executive Board shall examine the charge and the accused's reply to determine if it is in the best interest of the Union to proceed. The Executive Officer shall not be entitled to discuss the merits or vote on the appeal of her decision. 4. If the Executive Board determines it is not in the best interest of the Union to proceed, the charge will be dismissed. If the Executive Board decides it is in the best interest of the Union to proceed, the matter will go to a Disciplinary Hearing. (e) Working in the interest of any organization competing with the U.N.A. in a manner which is detrimental to the U .N .A. or any of its Chartered Locals; (f) Fraudulently receiving or misappropriating any property of the U.N.A. or any of its Chartered Locals; (g) Using withoulproper authority the name of the U.N.A. or of the Chartered Local for soliciting funds or advertising; The Executive Board may set up committees of the U.N.A. and may appoint or elect a chairman and members to the committees. The committees shall be subject to any restrictions or regulations imposed upon them by the Executive Board. (h) Without receiving proper authority to do so, furnishing a complete or partial list of the membership of the U .N .A. or of any Chartered Local to any person or persons other than those whose official position entitles them to have such a list; The Executive Board in addition to all other powers vested in it is hereby authorized and empowered subject to the approval and authorization of the U .N.A. as defined in Article 5.07: (i) Wrongfully interfering with any officer or accredited representative of the U.N.A. or any of its Chartered Locals in the discharge of l:lis or her duties; ·~ ·- (a) to acquire, hold, and dispose of, real and personal property or any part thereof; (j) (b) to invest monies on behalf of the U .N.A.; and (k) Doing any act contrary to the Constitution or to the Bylaws of any Chartered Local, or failing to do any act required of her by the said Constitution or Bylaws, where such conduct has the effect of injuring the U.N.A. , the Executive Board of the U.N.A. or any of its Chartered Locals, or impeding the implementation of any policy constitutionally formed by either the U.N.A. or any of its Chartered Locals; (c) to borrow money for the purpose of the U.N.A. and to give security for any money so borrowed on any of the real, personal or mixed property of the U .N .A. by way of mortgage, pledge, charge or otherwise. 5.07 5.08 Authorization for the exercise of the powers listed in Article 5.06(a) and 5.06(b) shall be by two-thirds (2/3) vote of the Executive Board subject to approval at the next Annual General Meeting. Authorization for the exercise of powers listed in Article 5.06(c) shall be gained by a two-thirds (2/3) vote of the delegates at an Annual or Special meeting prior to exercise of such powers. The business of the U .N .A. shall be managed by the Executive Board who shall exercise all such powers of the U.N.A. and do on behalf of the U .N .A. all such acts as may be exercised by the U .N .A. and as are not by law or by this Constitution required to be done by the U .N .A. in an Annual or Special meeting of the U.N.A. Circulating reports designed or calculated to injure or weaken the U.N.A. or any of its Chartered Locals; (l) 5.11 During the course of a strike by the U .N.A. or any of its Chartered Locals failing to give all necessary support to the said strike. Charges 1. (a) Charges for an offence enumerated under Article 5.10 of the Constitution may be laid by a member, or a m emher on behalf of a Local, in writing · to the President. Charges are to include specific references to sections and articles allegedly violated and must include a plain, factual statement of the circumstances alleged. Disciplinary Hearing 1. A disciplinary hearing will be conducted by a Trial Committee whose cost will be borne by U .N .A. The complainant and the accused must each select a member in good standing as their nominee on the Trial Committee from a list of trial chairs. The list is to be composed of five members, being one chair nominated from each of the five districts. Current Executive Board members are prohibited from being trial chairs and nominees. (a) Nominations and elections shall be in accordance with Article 10 of the Constitution of U.N.A. 2. If the two nominees cannot determine which of the five trial chairs to appoint, each nominee can remove one name from the list of trial chairs and a random draw of the three remaining trial chairs is to be made. 3. The disciplinary hearing shall be convened and conducted expeditiously. It shall be fair and impartial and both sides may be represented by counsel, with the costs of both sides to be paid by U.N.A. The Trial Committee shall also be entitled to have counsel. li.N.A. CONSTITliTION 3 4. 5. notification of such LOA shall be made to the Executive Officers of U .N .A. This LOA shall not exceed 112 the length of the term of the position affected. This LOA will not be funded by UNA. The interim replacement will receive the budgeted funding for that position. Thirty (30) days prior written notice shall be made to the Executive Officers of U .N.A. of the expected date of return to position. Interim replacements shall be made in accordance with Appendix " B" Bylaws II 1. and Appendix " A" Bylaws VI. In the event that the President , Vice-President or Secretary/Treasurer should take an LOA, the Executive Board shall elect by and from themselves a replacement for the term of the LOA or until the end of the term of office. Procedures to be followed at the Disciplinary Hearing are in the Trial Committee's sole discretion . The rules of evidence need not be strictly adhered to. Hearsay is admissable. The onus of proving guilt is on the complainant. If the accused does not show for the disciplinary hearing, the hearing may continue in her absence, but the complainant must still prove guilt. The accused cannot be compelled to testify. On a finding of guilt, the Trial Committee may expel, suspend or reprimand the accused, and impose conditions prior to reinstatement. The decision of the Trial Committee is final and binding. There is no appeal. For the purpose of this article the arbitration act shall not apply . 6.06 Proviso For th e purpose of establishing the Tria l Committee between the 1991 and 1992 Annual Genera l Meetings, each District shall elect at their fi rst District Meeting after the 1991 Annual General Meeting one member to serve on this Committee. 5. 12 The Executive Officers, with unanimous agreem ent, m ay poll the Executive Board in emergency circumstances. Polling to be done in accordance with Executive Board Policy. ARriCLE 8: Voting at Meetings of the U.N.A. 8.01 At any Annual or Special Meeting of the U .N .A. each Chartered Local is en tilled to be represented by one (1) voting delegate for fifty (50) members or part thereof. 8.02 The local president shall ensure that each voting delegate chosen to represent her local is a member in good standing of U.N.A. The number of voting delegates to w hich each local is entitled shall be based on the number of members in the said local, thirty (30) days prior to the Annual G eneral Meeting. 8.03 The Chairman of the meeting shall appoint scrutineers . The scrutineers shall arrange fo r the holding of any vote; shall distribute, collect and count ballots if used ; a nd shall report the results in w riting to the m eeting. (a) Any person w ho has been expelled from membership or who has resigned following the receipt of charges is not eligible to apply for membership at any Local of the U .N .A. Where a person wishing to become eligible fo r mem bership in the U .N .A. is required by the terms of Article 3.0 3 to apply to the Executive Board for reinstatem ent, application shall not be made un til one (1 ) year from the date of expulsion or date of resignation . Prior to the Board considering such an application , the applicant shall have met the criteria fo r reinstatement as determined by Executive Board policy. Two-thirds (2/3) of the registered voting de legates, includ ing a representat ive from each district, shall constitu te a quorum for the transaction of business. U nless otherwise provided in this Constitution , any resolution presented at a meeting of the U.N. A. or of any of its committees shall be deemed to have been carried if a majority of the voting delegates present vote in favo ur of it. Voting shall be by show of hands unless the Chairman otherw ise d irects or unless otherw ise provided hereinafter. (b) A person who has been s uspended from membership shall have her m embership card held at Provincial Office for the duraion of the suspension . Such member sha ll forfeit all rights and benefits under the Constitution but shall remain bound by the terms of the Constitution. Every member of the Executive Board shall have a vote as though she were an accredited voting delegate. Unless otherwise specified, any decisio n adopted at a m eeting shall take effect forthwi th at the conclusion of the meeting. ARriCLE 6: 6.02 6.03 6.04 6.05 4 The Executive Board shall m eet at the call of the President or at the request of no fewer than three (3 ) m embers of the Executive Board in writing to th e President. In any event, the Executive Board shall meet at least once in every four (4) months . The time and place of meetings of the Executive Board shall be determined by the President, provided that any meeting requested by no fewer than three (3) m embers of the Executive Board, pursuant to the provisions of Article 6.01, shall be held within thirty (30 ) days of the receipt by the President of any such request. Every Board m ember shall be given at least fourteen (14) days' notice of such m eetings. The majority of the members or delegated alternate m embers of the Executive Board shall constitute a quorum for the transaction of business provided that this quorum consists of at least one (1) District Representative or delegate alternate from each District. Unless otherwise provided in this Constitution, any questions arising at a meeting of the Executive Board shall be decided by a majority vote of the members present. Each member of the Executive Board shall be entitled to one (1) vote on each question which is voted upon at a meeting. An LOA may be taken by Executive Board Members and Local Executive. A written U.N.A. CONSTITUTION For the purpose of this Article the three (3) units of U .N.A. Local # 12 1 shall be regarded as separate Chartered Locals, and Local # 12 1 shall not be rega rded as a Chartered Local. 8.11 For the purpose of this Article, the two (2) units of U .N .A. Local # 1 shall be regarded as separate Chartered Locals and Local # 1 shall not be regarded as a Chartered Local. ARriCLE 7: Meetings of Executive Board 6.01 8.10 Meetings of the U.N.A. 7.01 7.02 7.03 7.04 The U.N .A. shall hold an Annual General Meeting in the months of September, October o r November of every calendar year at such place as may be determined by the Executive Board. A Special Meeting of the U.N.A. may be called at any time and place at the request in writing of at least one-third (1/3) of the members of the Executive Board or of at least one-third ( 1/3) of the Chartered Locals which shall represent one-third (1/3 ) of the member ship evidenced by notice in writing signed by the President of each and shall be held within forty-five (45) days ofthe receipt by the President of the U.N.A. of any such request . Any such request shall specify the s ubj ects to be considered at such a Special Meeting. Every Chartered Local shall be given at least thirty (30) days' notice of the Annual Genera l Meeting and as much notice as possible of Sp ecia l Meetings. The Preside nt and Secreta ry-Treasurer of each Charter ed Local shall make every reasona ble effort to inform the m embers of the Chartered Locals of the said meetings. The form of notice of meetings shall sp ecify the subject to be considered at the meeting, and, in the case of Special Meetings, only such subjects as are specified in the notice calling the m eeting may be considered and acted upon at that m eeting. ARriCLE 9: Strike Votes and Ratification Votes 9.01 Strike votes and ratification votes shall be conducted by secret ballot. 9.02 Only U .N .A. members shall have the right to vote in strike and ratification votes. 9.03 An informa tion meeting shall be held at least twenty-four (24) hours prior to commencem ent of strike and ratification votes. 9.04 Strike votes and ratification votes shall be conducted on all shifts within a twenty-fo ur (24) hour period. . .t\ RriCLE 10: ARTICLE 11: Elections Revenue 10.01 All officers shall be elected at the Annual General Meeting by a majority of the voting delegates pre:;ent and voting. 10.02 All elections shall be by secret ballot, unless otherwise provided in the Constitution. 10.03 The Legislative Committee or any known per· sons acting with its authority shall prepare nomination forms for the Annual General Meeting and shall send them to the President and Secretary of each Local at least sixty (60) days prior to the Annual General Meeting. 10.04 The offices of President, Secretary/Treasurer and one-half o r the majority of District Representatives, in each District, shall be e lected in the yea rs ending with even num· bers. The offices of Vice-President and one· half or the minority of District Representa· lives in each District, shall be elected in the years ending with uneven numbers. 10.05 Each District Representative must be a m ember of a Chartered Local in the Distri ct she represents. Only members from the District may nominate her and only voting delegates from said Districts are entitled to vote in her e lection . 10.06 Upon receipt of nomination forms, the Presi· dent of each Local shall make every reasona· ble effort to inform the Local that the Legislative Committee will receive nomina· lions pursuant to this Article. 10.07 Each nomination shall be on a proper form bearing the name of the nominee and signalures of two (2) members in good standing of the U.N.A. 10.08 Nominations shall be accepted until forty-five (45) days prior to the Annual General Meet· ing or from the floor at the Annual General Meeting only in the absence of an official nomination. 10.09 The list of candidates, signed by the Chairman and two (2) members of the Legislative Corn· mittee, shall be sent no later than thirty (30) days before the Annual General Meeting to the President of the U.N.A. and to the President of each Local and delegate. Every reasonable effort shall be made to inform the members of the Local. 10. 10 (i) A motion to rescind the election of an Ex· ecutive Officer of the U.N.A. may only occur at a Special Meeting of the U .N .A., refe rred to in Article 7 or at an Annual General Meeting of U .N .A. provided that thirty (30) days' notice of such motion has been given. (ii) A motion to rescind the election of a Dis· trict Representative of the U.N.A. may only occur at a special delegate meeting of that district of U.N.A. provided that thirty (30) days notice of such motion has been given. At the Special Delegate Meet· ing each Chartered Local of that District is entitled to be represented by one (1) voting delegate for fifty (50) m embers or part thereof. (iii) Any mo tion to rescind the election of a member of the Executive Board of the U.N.A. must be passed by a two-thirds (2/3) vote of the voting delegates present and voting. (iv) Election for such resultant vacancy for the unexpired term shall occur at this same meeting. Nominations shall be received from the floor. 11.08 For this purpose of this Article, the two (2) units of U.N .A. Local #1 shall not be regard· ed as a Charte red Local. ARriCLE 12: 11.01 The revenue of the U.N.A. shall be derived as follows: (a) Each Chartered Local shall remit to the U.N.A. each month s uch sum as may be determined from time to time by the U.N.A. at an Annual or Special Meeting. Any change in the dues structure must be ratified by a two-thirds (2/3) vote of delegates at an Annual or Special Meeting. (b) The charter fee to establish a new Char· tered Local shall be one dollar ($1.00). (c) The U.N.A. may accept a ny donation, grant, bequest or other form of transfer of funds or properties from any charit· able, governmental, educational or other source and may agree with the transfer· rer to devote the funds or proper proper· ties so transferred to any specific purpose consistent with the objectives of the U.N.A. without any political bias or favours. 11.02 The U.N.A. shall have the right to levy assess· ments for special purposes upo n its dues pay· ers, provided that any such assessment must first be approved by a two-thirds (2/3) vote at an Annual or Special Meeting of the U.N.A. Prior notice will be given. Audit 12.01 The fiscal yearofU.N.A. sha ll be January 1st to December 31st unless otherwise designat· ed by the Executive Board. There shall be an auditor of U.N.A. who shall not be a mem· ber, employee, or relative of an employee, of the U.N.A. ; and shall be a Chartered Accoun· tant. The Executive Board shall appoint an auditor annually. The audi tor shall conduct an audit once every yea r and shall submit a written report to the Annual General Meeting and to each local at least one hundred and twenty (120) days prior to the Annual General Meeting. ARriCLE 13: Chartered Locals 13.01 The U.N.A. may issue a Charter to any group eligible for membership under Article 3, and the group sha ll thereafter be referred to as a "Chartered Local". 13.02 (a) Subject to the provisions of Article 13.03, the Bylaws contained in Appendix "A" shall be the Bylaws of every Chartered Local. 11 .03 Any funds owed to the U.N.A. by a Chartered Local pursuant to the provisions of this Con· stilution shall constitute a preferred claim and must be paid promptly by the Chartered Local each month prior to the payment of any other obligations of the Chartered Local. 11.04 (a) U.N.A. dues shall be one point one per· """' cent (1.1 o/o) of gross income, with a mini· mum of ten dollars ($10.00) per du es payer per month . (b) The U.N.A. shall issue to each Chartered Local a monthly rebate. The monthly re· bale of dues to the Chartered Locals shall be as follows: For the first twenty (20) dues payers or part thereof of the Local the rebate shall be three dollars ($3.00) per dues payer per month. For the next one hundred (100) dues payers or part thereof the rebate shall be two dollars ($2.00) per dues payer per month . For all remaining dues payers the rebate shall be one dollar ($1.00) per month. For less than thirty (30) dues payers the rebate shall be five dollars ($5.00) per dues payer per month for the first twenty (20) and three dollars ($3.00) per dues payer per month for the remaining. (c) There shall be an Emergency Fund. The amount paid to the Emergency Fund on a monthly basis shall be no less than twelve percent (12%) of the dues revenue of the U.N.A. 11 .05 In the event of a strike or the approval of a loan or donation to other trade Unions, assistance, as determined from time to time by the Executive Board, shall be drawn from the Emergency Fund. 11 .06 Any m ember paying dues at more than one (1) source shall, upon request with submis· sion of pay slips, receive from Provincial Office a reimbursement of dues paid in excess of the amount set out in Article 11.04. 11.07 For the purpose of this Article the three (3) units of U .N.A. Local #121 shall be regarded as separate Chartered Locals, and Local #121 shall not be regarded as a Chartered Local. (b) In the event of conflict between any clause of this Constitution and any clause of the Bylaws of a Chartered Local, this Constitution shall be paramount and the clause in this Constitution shall apply. 13.03 raJ Except as a result of amendment to Appendix "A" at a meeting of U.N.A. , the Bylaws of a Chartered Local may be amended only with the approval of a two· thirds (2/3) vote of those members present a nd voting at a m eeting of the Chartered Local, and with the approval of the Executive Board of U.N.A. (b) Bylaws of a Chartered Local which were amended or altered prior to November 8, 1984 in accordance with the Constitution of U.N.A. at that lime shall be deemed to have been amended or altered in accordance with Article 13.03 (a) . 13.04 All Collective Agreements with employers of members shall be signed by two (2) Executive Officers of the Chartered Local as the contracting party on behalf of the members affected. 13.05 In any s ituatio n in which there is reason to believe that a Chartered Local has adopted or undertaken policies or activities contrary to the principles and policies of the U. N .A., the Executive Board shall have the power upon a two-thirds (2/3) vote of the Executive Board to conduct an investiga tion into the affairs of the Chartered Local and to req uire the Chartered Local to amend and rectify any policies or activities contrary to the principles and policies of the U.N.A., and the Executive Board may: (a ) appoint a Trustee or Trustees for the Chartered Local, o r (b) revoke the Charter of the Chartered Lo· cal on such terms and conditions as the Executive Board may see fit. Where the Executive Board determines that the Charter of a Chartered Local is to be revoked or a Trustee or Trustees are appointed pursuant to the provisions of ti.N.A. CONS'fl'ftrl' ION 5 this Article, the Chartered Local shall be entitled to a fair hearing before the Executive Board within three (3) months. Any action of the Executive Board under this Article may be appealed to the Annual General Meeting. If the Annual General Meeting is scheduled for three (3) months or more from the date of the d ecision of th e Executive Board, the Chartered Local may, with at least one-third (113) of the Executive Board or one-third (1/3) of the Cbartered Locals which shall represent one-third (1/3 ) of the membe rship, demand a Special Meeting of the U .N .A. This Special M eeting shall be held within two (2) months to consider the Trusteeship or s uspended Charter. 13.06 (a) Where the Executive Board makes an order provided for in Article 13.05, the Executive Board may order that all funds and properties of any nature held by the Chartered Local s hall be he ld in trust for the purpose of effecting a reorganization of the said Chartered LocaL If such a re-organization is effected, s uc h funds and properties of the Chartered Local shall be reinvested with the Chartered Local for its use and benefit. If the Chartered Local is not reo rganized within a period o f o ne (1) year, such funds and prope rties shall reve rt to the provincial funds of U .N .A. (b) Where the Executive Board orders that all funds and properties held by a Charte red Local shall be held in trust of the U.N.A., it s hall be the duty of the officers of the Chartered Local to deliver forthwith a ll funds and properties of any nature held by the Chartered Local to the Trustee or Trustees appointed pursuant to the provisions of this Article or duly au th orized age nt who shall be entitled to take immediate possession o f all funds, properties, books and records of th e Chartered Local and s hall have authority to bring appropria te lega l proceedings to secure suc h funds, properties, books and records. 13.07 For the purpose of this Article th e three (3) units o f U.N.A. Local # 12 1 shall be regarded as separate Chartered Locals, and Local #121 s ha ll not be regarded as a Chartered Local. 13.08 For the purpose of this Article th e two (2) units of U.N.A. Local #1 shall be regarded as separate C harte red Locals. Local# 1 shall not be regarded as a Chartered Local. ARriCLE 14: Merger a nd/or Transfer 14.01 A Chartered Local may merge and/or transfer its jurisdiction , rights, privileges, duties and assets to one (1) or more Chartered Locals. 14.02 The Chartered Local transferring and the Chartered Local(s) receiving a nd the Executive Board must each approve of the merger and/or transfer. acquiring its jurisdiction, rights, privileges, duties and assets. ARriCLE 15: Constitutional Amendments and Policy Resolutions 15.01 This Constitution may be amended or altered only at a meeting of the U .N .A. by a two-thirds (2/3) vote of those voting delegates present and voting. 15.03 There shall be a Constitution and Resolutions Review Committee struck by the Legislative Committee of the Executive Board . The function of such Committee sha ll be to faci litate the processing of constitutional amendments and policy resolutions for U.N.A.'s Annual General Meeting. 15.04 (a) Throughout the year and up to one hundred (100) days prior to the dale of the Annual General Meeting, any me'mber may submit to the Constitution and Resolutions Review Committee a resolution o r constitutional amendment in writing signed by such mem ber. The Execu tive Board shall have the right to submit any resolution to the Committee at any time up to the date of the meeting. Late resolutions shall be submitted to the Constitution and Resolutions Review Committee who shall consider the urgency of the resolution. Only late resolutions deemed to be of an urgent nature shall be placed before the meeting. (a) d eal with only one (1) subject; (b) be submitted on the appropriate forms before respective deadlines. ARriCLE 16: Rules of P rocedure and Order of Business at Meetings of the UNA. 16.0 1 The ru les of procedure and order of business at Meetings of the U .N .A. shall be governed by the current edition of Robert's Rules of Order (Copyright 198 1). 16.02 A Parliamentarian shall be appointed for each Annua l General Meeting. APPENDIX 'W' Bylaws Governing Chartered Loca ls BYLAW I - NAME This organization shall be known as the United Nurses of Alberta (hereinafter referred to as the "Chartered Local"). 15.05 (a) The Constitution and Resolutions Review Committee shall: BYLAW 11 - EXECUTIVE 1. The affairs of the Chartered Local shall be administered by an Executive which shall be composed of the following: (i) receive and prepare constitutional amendments and resolutions for presentation to the Annual General Meeting; (ii) have power to eliminate duplications in constitu tiona l amendments and resolutions s ubmitted, after consultation with a nd agreement of the proposer; (iii) have the power to determine the order in w hich constitutional amendments and resolu tions will be presented to the meeting; (iv) have power to edit constitutional amendments and resolutions provided that the purpose of any such amendment o r resolution is not changed and only after consultation with and agreement of the proposer. (v) have the power to propose constitutional amendments up to forty-five (45) days prior to the Annual General Meeting. 14.04 The transfer and/or merger must be approved by a two-thirds (2/3) vote of the membership of each Local concerned by secret ballot. The voting shall be conducted in accordance with Article 9: Strike Votes and Ratification Votes. 15.06 A majority of the members of the Constit ution and Resolutions Review Committee shall constitute a quorum. r.:\'.A. ( '0:\'STITl'TION 15.09 All amendments and resolutions must: (b) The proposer sha ll have the right to appeal the Committee's decision by having her appea l placed before the General Assembly of the meeting. 14.03 A m eeting between the parties must be held for the transfer and/or merger. H 15.08 The Constitution and Resolutions Review Committee shall prepare a supplementary report containing those resolutions which have been submitted to the Committee by the Executive Board after the preparation of the report referred to in 15.07 and this supplementary report shall be presented to the meeting. 15.02 Except where otherwise required in this Constitution a resolution s hall require a simple majo rity to pass. (b) The proposer shall have the right to appeal the Committee's decision by having her appeal placed before the General Assembly. 14.05 A Chartered Local may a lso merge with another bargaining agent for the purpose of Chartered Local at least thirty (30) days prior to the Annual General Meeting. This report shall contain all constitutional amendments and resolutions and their rationale. 15.07 The Constitution and Resolutions Review Committee shall prepare a report which sha ll be sent to the President and Secretary of each 1) President 2) Vice-President 3) Secretary 4) Treasurer The Executive shall meet at least once every four (4) months. 2. Throughout these Bylaws, the term " President" shall be deemed to refer to the President of the Chartered Local unless otherwise expressly stated. BYLAW Ill - REPRESENTATIVES An appropriate number of representatives may be elected by and from the m embers of the Chartered Loca l to represent nurses and other allied personnel employed in specific areas or functions of their employer's establishment. The said representatives may be appointed by the Executive if a majority of the members of the Chartered Local at a meeting authorize the Executive to appoint such representatives as it sees fit. BYLAW IV- COMMITTEES There shall be a G rievance Committee composed of three (3) members. One of these shall act as the Chairman and they sha ll be elected at an Annual or Special Meeting of the Chartered Local. All standing committees of the Chartered Local shall be elected by the membership. The Executive may set up special committees of the C hartered Local and may appoint the members of each s uch Committee from the members of the Chartered Local, the Chairman to be chosen by the Executive and to be entitled to a casting vote in the case of a tie. The Executive may delegate any of its powers to any such committees. These committees shall be subject to any restrictions or regulations imposed upon them by the Executive. BYLAW V- ELECTIONS l. The Executive shall be elected at each Annual General Meeting or whe re the Chartered Local wishes the term of office may be for 2 years with alternate Executive elected at each Annual General Meeting. 2. Nominations for the Executive and for any other positions for which elections are held shall be received from the floor . 3. All elections shall be by secret ballot or show of hands. 4. lil A motion to rescind the election of an officer of a local may only occur at an Annual or Special Meeting of the local, referred to in Bylaw VIII provided that at least fourteen (14) days' notice of such motion has been given. (ii) Any motion to rescind the election of an officer of a local must be passed by a twothirds (2/3) vote of the members present and voting at such meeting. (iii) Elections for such resultant vacancy shall occur at this same meeting. BYLAW VI- VACANCI ES In the event that a member or members of the Executive of the Chartered Local should resign , die or otherwise cease to act, the Executive shall appoint from the members of the Chartered Local a replacement until the next general meeting. As much notice as possible will be given at this meeting and an election will be held to fill the vacancy according to Bylaw V (2) and (3). BYLAW VU- ELECTION OF VOTI NG DELEGATE 1. Any two (2) members of the Chartered Local may nominate a voting delegate provided that they produce satisfactory proof that the consent of the nominee to stand for election has been obtained. 2. A voting delegate and an alternate voting delegate to attend any meeting of the United Nurses of Alberta (hereinafter referred to as the U.N.A.) shall be elected by a majority vote of those membe rs of the Chartered Local present at a meeting of the Chartered Local. The alternate voting delegate shall act whenever the voting delegate is unable to do so. 3. Both the voting delegate and the alternate voting delegate shall be members of the Chartered Local. BYLAW VIII -MEETINGS 1. Once in every calendar year, there shall be an Annual General Meeting of the Chartered Local. At least two (2) weeks' notice shall be given. During the Annual General Meeting , reports shall be presented by each member of the Executive, the affairs of the Chartered Local shall be reviewed and planned, and elections shall be held. The Chartered Local's Annual General Meeting shall be held by June 30 of each year. 2. A Chartered Local shall hold general meetings at least quarterly on the call of the President or her designate. 3. (a) A Special Meeting may be called at any time and place by the President of the Chartered Local. Members shall be given reasonable notice of any such meeting. (b) A Special Meeting of the Chartered Local may be called a t the request of any th ree (3) members of the Chartered Local made in writing to the President. Any req uest for a Special Mee ting of the Local shall specify the subjects to be considered at such a Special Meeting. As much notice as possible will be given and the meeting will be held within seven (7) days of the request with the exception of a Special Meeting held in reference to Bylaw V(4). (c) The assigned District Representative shall be invited by the Local President to attend at least one (1) Local general m eeting. 4. The rules of procedure and order of business governing meetings of the Chartered Local shall be as outlined in accordance with Article 16 of U .N.A.'s Constitution. BYLAW IX - Q UORUM 1. The majority of members present at a m eeting of the Chartered Local shall constitute a quorum of the Chartered Local for the transaction of business. 2. Three (3) members of the Executive shall constitute a quorum of the Executive for the transaction of business. BYLAW X - DUTIES OF OFFICERS President (a) The President shall be the senior executive officer of the Chartered Local and shall act as chairman at all meetings of the Executive and the Chartered Local. In the case of a tie in a vote of the Executive or the Chartered Local or any other committee of which she is chairman, the President shall have the casting vote. (b) The President shall be an ex-officio member of all committees . (c) The President o r delegate shall represent the Chartered Local on the District Committee. Vice-President The Vice-President shall carry out duties as assigned by the President and act in lieu of the President in her absence. 2. Another Chartered Local or Locals must be willing to receive the Local. 3. The Local wishing to merge must call a meeting for the purpose of m erger and transfer. Notice must be given of this m eeting. At the meeting a motion is made to " merge and transfer its jurisdiction , rights, privileges, duties and assets to the transferee". The motion must be passed by a twothirds (2/3) vote of those present at the meeting. The vote on this motion shall be in accordance w ith Articles 9 and 14 of the Constitution. 4. A meeting of the receiving Local or Locals must be called for the purpose of approving the me rger and transfer. Notice must be given of this meeting. At this meeting a motion is made to "approve the merger and transfer" . The motion must be passed by a two-thirds (2/3) vote of those present at the meeting. The vote on this motion shall be in accordance with Articles 9 and 14•of the Constitution . 5. A meeting of both parties is called by the President of each. 1'wo (2) weeks' no tice must be given of this meeting. At the meeting a motion is made to approve the merger and transfer. 6. Election for officers of the Chartered Local which has resulted from the merger will be held . 7. The Chartered Local may amend the Bylaws Secr e tary The Secretary: (a) shall keep a record of all meetings of the Chartered Local and of all meetings of the Executive; (b) shall be responsible for the correspondence of the Chartered Local; governing the Chartered Local as set out in Ap· pendix " A" . The amendments must be approved by the Executive of the United Nurses of Albe rta. 8. The merger must be approved by the Executive Board of UNA. 9. Once the Secretary-Treasurer of UNA receives no· (c) in conjunction with the Treasurer, shall keep a record of the membership of the Chartered Local. tice and documents pertaining to the merger, a new or amended Charter shall be issued . Treasure r The Treasurer: (a) shall be responsible for arranging for the collection and forwarding of members' dues of the UNA; BYLAW XV -TR USTEESHI P Whe never a Trustee for a Chartered Local has been appointed pursuant to Article 13.05 of the Constitution of UNA, such Trustee shall take over the com plete direction , control and supervision of the Chartered Local. (b) shall be responsible for the safekeeping of the monies of the Chartered Local and shall keep a record of all fina ncia l transactions; (c) shall make a financial report at regular meetings, the Annual General Meeting of the Chartered Local and at meetings of the Executive; (d) in conjunction with the Secretary, shall keep a record of the membership of the Chartered Local. BYLAW XI - LOCAL DOCUMENTS Any member(s) of the Executive of the Chartered Local or member( si of any committee of the Chartered Local who cease to hold office for any reason shall within one month, turn over to the current Local Ex· ecutive all documents, assets and property of the Chartered Local in her possession. Jttllf BYLAW XVI United Nurses of Alberta shall be empowered to negotiate and enter into regional, local or area wide collective bargaining agreements on behalf of the Chartered Local. BYLAW XVIl - AMENDMENTS The Bylaws of a Chartered Local may be an)ended only in accordance with Article 13 of the Constitution of the U.N.A. APPENDIX "B" , BYLAW XII - FINANCES 1. Monies of the Chartered Loca l sha ll be kept in a chartered bank or credit union o r trust company. 2. 'fransactions shall be by cheq ue. 3. The Treasurer and the President or signing officer s hall eo-sign cheques. 4. There shall be an annual audit by the UNA at the end of each fiscal year. BYLAW XIII - DUES AND ASSESSMENTS 1. The Chartered Local may establish initiation fees and monthly dues higher than those set by the UNA. 2. The Chartered Local may levy assessments for special purposes upon its members, provided that any assessment must first be approved at a meeting of the Chartered Local. BYLAW XIV- MERGER A Chartered Local may merge with another bargain· ing agent for the purpose of acquiring its jurisdiction, rights, privileges, duties and assets. The Chartered Local may, by a two-thirds (2/3) vote of those present at a meeting of the Chartered Local called for that purpose of which notice has been given to the members, merge with and transfer its jurisdiction, rights, privileges, duties and assets to one (1) or more other Chartered Locals. 1. One or more Chartered Locals must be willing to transfer. Terms of Reference for Dist rict Representatives and District Committees BYLAWS GOVERNING DISTR ICTS OF THE UNA I. Organization of Districts of the U.N.A. 1. The number of Districts and the area covered by each District sha ll be determined a t the Annual General Meeting of the U.N.A. 2. There shall be a committee to adm inister the affairs of the District. The committee shall be composed of: (a) District Representatives; (b) the President or designate from each Chartered Local in that District and in the case of Local #121, the President or designate of each unit; (c ) any member of the District who holds the position of Secretary or Treasurer of the District. 3. In the event that a District Representative should resign, die or otherwise cease to act, a replacement shall be elected at the next District Meeting. The District Chairperson shall appoint a interim District Representative until such meeting. An election shall be held at the next Annual General Meeting in accordance with Article 10.04 or for the unexpired term as appropriate. l ' XA. ( 'ONSTITFfJON 7 4. The District Committee has the power to appoint or elect other members of the District to committees for the purpose of recommending action to the District Committee. 5. The Chairperson and Vice-Chairperson shall be elected by the District Committee at the first District Committee meeting following the Annual General Meeting. The Chairperson and ViceChairperson shall each be District Representatives. The Executive of the District shall consist of the District Representatives and the Secretary and Treasurer or the Secretary-Treasurer of the District. (iii) In conjunction with the District Chairperson, prepare the annual district budget. (iv) Shall present the necessary documentation to the U.N.A. for an Annual Audit at the end of the fiscal year. IV. Meetings of the Districts of U .N.A. l. District Committee meetings shall be held at least quarterly. 2. The objectives of such meetings shall be: (a) to increase communications between the locals; ll. District Representatives (b) to co-ordinate efforts for a common purpose; l. Each District Representative must be a member (c) to act as a liaison between the Chartered Locals and the provincial body. of a Chartered Local in the District she represents. In the event that a District Representative shall change her place of employment from one 11) District to another or for any reason ceases to qualify for membership in the U.N.A., during her term of office, she shall resign forthwith. Ill. Du ties o f Officers 1. Chairperson (a) T he District Chairperson shall have the fol lowing duties and limitations: (i) Call and chair the Executive and district meetings; (ii) Act as ex-officio member of all committees; (iii) In association with Locals in the area, draft an agenda which shall be forwarded with notice of the meetings; (iv) (v) (vi) Present the views, concerns and direction of the District at the Executive Board meetings; Appoint interim District Representatives; (viii) Prepare Distri ct Reports for Board Meetings and Annual District Report to Annual General Meeting and any further reports deemed necessary by the Di s tri ct Chairperson or the Executive Board . 2. Vice-Chairperson (a) The Vice-Chairperson shall carry out duties as assigned by the Chairperson and act in lieu of the Chairperson in her absence. 3. Secretary (a) The Secretary shall have the following duties: (ii) liii) (iv) Shall keep a record of all meetings of the District and of all meetings of the Executive; Shall be responsible for the correspondence of the District; Shall maintain current phone fan-out lists for the entire District Committee. Such lists shall be forwarded to the members of the District Committee, the Representative for that District on the provincial negotiating committees and the President of U.N.A. ; A copy of the minutes shall be forwarded to the Provincial Office and locals in that District. 4. Treasurer (a) The Treasurer shall have the following duties: 8 tled to vote at the District Meetings. 4. (a) A Special Meeting may be called at any time and p lace by the Chairperson. The District Committee members shall be given reasonable notice of any such meeting. The purpose of such meeting shall be provided w ith this notice. (b) A Special Meeting of the District may be called at any time and place at the request in writing of at least one-third (1/3) of the ~em­ bers of the District Committee evidenced by notice in writing by such members and shall be held within forty-five (45) days of the receipt by the Chairperson of any such request. Any such request shall specify the subjects to be considered at such special meeting. · le) At a Special Meeting of the District, for the purpose of making a motion to resind the election of a District Representative: (i) representation of Locals at such meeting shall be as per Article 8 of the U .N .A. Constitution; (ii) such motion must be passed by a twothirds (2/3) vote of the voting delegates present and voting at such meeting; (iii) elections for such resultant vacancy shall oecur at th is Special Meeting. Nominations shall be received from the floor. In conjunction with the District Treasurer, prepare a District annual budget; (vii) Conduct the business of the District ; (i) 3. Only District Committee members shall be enti- (d) The business of the District shall be in accordance with the U. N.A. Constitution and its Bylaws and with the U.N.A. Policies. (e) The rules of procedure and order of business governing meetings of the District shall be as outlined in accordance with Article 16 of the U.N.A.'s Constitution. 5. There shall be an efficient, effective and well maintained communication network between all levels of the Union structure, including maintenance of a complete and correct phone fan-out system in every District and Local. 6. U .N.A. shall ensure the maintenance of an Emergency Fund. 7. The U .N.A. shall have a financial administrative structure capable of ensuring full value and full accoun ting for each dolla r spent. 8. U .N .A. shall have a capital budget, and shall con- tinue to have an operating budget, both of which shall be consistent wi th the goals of U.N.A. 9. U .N .A. shall continue to promote publicly legis- lation and political positions favourable to U .N.A. members and consistent with the goals of U .N .A. in the areas of: (a) negotiations; (b) matte rs of concern to our members as health car~ workers; and (c) matters of concern to members as citizens and consumers. B. Executive Board 1. The Executive Board shall continue to have the commitment, knowledge and authority to manage the business of the U.N.A. in the best interest of the membership. C. Locals 1. The U .N .A. shall continue to be committed to the principle of member helping member through the development of the local leadership in: (a) processing grievances at the local level; (b) identifying and resolving professional responsibility issues at the local level; (c) identifying and resolv ing Occupational Health and Safety issues and promoting the health and safety of the local's membership; (d) pr0moting the principles of trade unionism and U.N.A. among the local's membership. D. Membe rs hip 1. All members shall have knowledge and commitment to the principles of trade unionism with special reference to U.N.A. 2. U .N .A. shall encourage participation by the rank a nd file membership in U.N.A. affairs. Short-Term Goals 1. Free collective bargaining for all U .N .A. members. LONG & SHORr-TERM GOAlS OF U.N.A. Long-Term Goals 2. Ensure that all Hospital Locals will have a function- al P.R.C. and Health and Safety Committee as per the Hospitals Contract. Month ly minutes shall be sent to Provincial Office. 3. Ensure that Local leadership is processing grievances at the Local level up to Step 3 of the grievance procedure. A. Gene ra l 1. All U .N .A. activity shall reflect the universal principles of trade unionism, including co-operation with other Unions. 4. Ensure participation by rank and file members during negotiations by reinforcement of the process set up for collective bargaining. 2. U.N .A. shall maintain the democratic nature of the organization through: 5. All Local Executives, Committee members and Ward Reps. shall have the opportunity to attend workshops, as appropriate. (a) open and democratic Annual and Special Meetings with the authority to make major policy decisions; 6. (a) Ensure that financial expenditures of U.N.A. reflect the budgetary allotments. (b) Proper documentation of expenditures. (b) a commitment to openness, cooperation and participation of the membership at every level of the Union structure; and (c) Ensure the implementation of a documentation system for expenditures. (c) maintenance of open and democratic negotiations and ratification procedures. 7. Development of materials such as political action kits that will assist U.N.A. political action committees to ensure the achievement of Long-term Goal #9 (a). (i) Shall hold the monies of the District in safekeeping and shall keep a record of all financial transactions; 3. U .N .A. shall continue to organize all unorganized working nurses in Alberta . (ii) Shall make a financial report at regular meetings of the District and at meetings of the District Executive; 4. Eve ry U .N.A. member shall work in optimal working conditions achieved through a commitment to group bargaining and maintenance of U.N.A. CONSTITtri'ION contractual provisions co-ordinated at the provincial level. FEBRUARY JANUARY SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY F RIDAY SATURDAY 1 2 3 4 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 New Year's Day 5 6 7 8 9 10 11 2 3 4 5 6 7 8 12 13 14 15 16 17 18 9 10 11 12 13 14 15 19 20 21 22 23 24 25 16 17 18 19 20 21 22 25 26 27 28 29 TUESDAY WEDNESDAY THURSDAY 1 2 3 4 8 9 10 11 15 16 17 18 Alberta Fa mily Day 26 27 28 29 30 31 23 M ARCH SUNDAY 1 MONDAY APRIL TUESDAY 3':;~. 2 ~ WEDNESDAY THURSDAY '> :f: 4 FRIDAY 5 H SATURDAY *6 '11 m 9 -- 10 - 11 12 13 16 17 18 19 FRIDAY SATURDAY ll. - 14 la j 15 MONDAY 7 - lhr.eq.tfive J.Ward,Meeting " SUNDAY e ./} ~';, ' 8 24 20 21 ] 5 6 - 7 13 14 - '- '· 12 Good Friday 22 23 24 25 26 27 28 19 20 21 22 23 27 28 29 30 24 25 Easter Sunday 29 30 31 26 MAY SUNDAY JUNE MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 2 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 2 3 4 5 6 3 4 5 6 7 8 9 7 8 9 10 11 12 13 10 11 12 13 14 15 16 14 15 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 27 30 28 29 30 Victoria Day 24 31 25 AUGUST JULY SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 2 3 4 9 10 11 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 Canada Day 5 6 7 8 2 4 5 6 7 8 10 11 12 13 14 15 24 31 25 26 27 28 29 WEDNESDAY THURSDAY 3 Augu st Civic Day 12 13 14 15 16 17 18 9 19 20 21 22 23 24 25 16 26 27 28 29 30 31 23 30 OCfOBER SEPrEMBER SUNDAY 6 MONDAY 7 - TUESDAY WEDNESDAY THURSDAY 1 2 3 4 5 8 9 10 11 1? J 4 5 6 7 15 16 17 18 19 11 12 13 - FRIDAY SATURDAY SUNDAY MONDAY TUESDAY FRIDAY SATURDAY 1 2 3 8 9 10 14 15 16 17 ,:: ~l - Labour Day 13 14 Than ksgiving Day 20 21 22 23 24 25 26 ' 18 19 20 21 22 - 23 24 25 26 17 28 29 30 31 ; 27 28 29 30 l ,- I I ' NOVEMBER SUNDAY MONDAY 1991 Annual General Mee&laa Weltla Hotel • P.dmolltoa DECEMBER TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 2 3 4 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 6 7 8 9 10 11 12 19 20 21 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Remembrance Day 15 16 17 18 Christmas Day 29 30 27 28 29 30 31 Boxing Day