Between
THE COMITÉ PATRONAL DE NÉGOCIATION DU SECTEUR DE LA SANTÉ ET DES SERVICES SOCIAUX,
THE SOUS-COMITÉ PATRONAL DE NÉGOCIATION DES CENTRES HOSPITALIERS PUBLICS
and
THE FEDERATION DES INFIRMIÈRES ET INFIRMIERS DU QUÉBEC (FIIQ)
June 2, 2000
June 30, 2002
ARTICLE 17
POSITION TEMPORARILY DEPRIVED OF AN INCUMBENT AND TEMPORARY WORK OVERLOAD
17.01 Position temporarily deprived of an incumbent
A position is temporarily deprived of an incumbent when the latter is absent for one or another of the following reasons:
a) annual vacation
b) union activities
c) leave of absence without pay provided for in this collective agreement
d) illness or accident
e) maternity leave
f) paternity leave
g) adoption leave
h) personal leave
i) leave for studies
j) posting period provided for in Article 13
k) period during which the institution awaits the employee from the Service Régional de Main-d’oeuvre by virtue of Article 15 (Job Security)
l) leave with deferred pay
A position temporarily deprived of an incumbent is not posted.
A position temporarily deprived of an incumbent is filled when the needs of the centre of activities justify it, by the employees on the replacement list or on the float team and, afterwards, by employees on one or the other of the availability lists.
When the Employer decides not to fill or to fill in a partial and/or interrupted way, a position temporarily deprived of an incumbent, he communicates the reasons for his decision, in writing, at the request of the Union.
Employees assigned to positions temporarily deprived of their incumbent are either full-time or part-time employees as defined in clauses 1.02 and 1.03 and cannot be considered as occasional or temporary employees.
Employees on the availability list, who are on a full-time assignment for a period of six (6) months and more, are deemed to be full-time employees during this period. The parties can agree otherwise by local agreement.
Concerning the conversion of hours of replacement
The parties agree on the importance of converting replacement hours into positions so as to contribute to the reduction of precarious employment among employees.
To this end, as of July 2, 1999, a parity committee is set up in each institution. The local parties must, in the four (4) months following this date, proceed to convert replacement hours into positions. This conversion is to be carried out to the extent the needs warrant it.
For that purpose, the parties use as annual basis for calculation, the budget period in which there was the lowest number of replacement hours in the twelve (12) months preceding July 2, 1999. These hours include the hours worked in the certification unit by employees on the availability list, those worked by the replacement team (excluding those worked as surplus personnel), those worked by an employee of another certification unit and those worked by recruitment agency nurses, to which are added overtime hours worked to replace a complete work shift.
The parties analyze the number of hours so obtained and, in order to reduce them, take into account
(1) the number of hours of positions that were created following a conversion of replacement hours into positions and the number of replacement hours attributable to vacant positions. Those hours are those worked since the end of the reference budget period and do not include those attributable to development;
(2) the number of hours worked as replacement for positions that have been abolished;
(3) the number of hours involving a conversion affecting employment
(4) the recurrent nature of absences;
(5) the frequency of simultaneous absences per work shift or per part of work shift as well as per day of the week;
(6) the need to ensure that the creation of positions does not lead to a shortage of staff or an increase in the number of hours worked.
The Employer must post the number of positions corresponding to the total number of hours resulting from the conversion. These positions must be posted within thirty (30) days of the end of the work by the committee.
The parties agree to promote as much as possible the conversion of replacement hours into full-time positions. The conversion is carried out by the creation of positions in the following manner:
(1) first in the centres of activities where justified by the needs:
- first full-time positions;
- then part-time positions in accordance with the procedure established in clause 13.14.
(2) then by float team positions or compound positions of which the float team is a component:
- first full-time positions;
- then part-time positions in accordance with the procedure established in clause 13.14.
Where, in one of the preceding steps, the number of work days not covered following the procedure established in clause 13.14 is less than four (4) days per two (2)-week period, the Employer can post a compound position including more than one job title in the same centre of activities or in more than one centre of activities or consider that the float team is a component of the compound position, despite the provisions of clause 1.13. The parties establish the modalities for the management of compound positions, by local agreement.
The local parties may agree to set up interdepartmental float teams. The employees on such a team are called upon to work exclusively within a limited number of pre-determined centres of activities.
The parties can also agree upon any other modalities designed to maximize the effect of this letter of understanding.
For the purpose of participation in the work of the parity committee stipulated in this letter of understanding, the Employer grants days of leave without loss of salary to one or several employees according to the following ratio:
- from 1 to 49 employees: 10 days
- from 50 to 99 employees: 21 days
- from 100 to 299 employees: 42 days
- 300 employees and more: 60 days
For the purpose of the preceding paragraph, the number of employees included in the certification unit is the number of employees on January 1 of the current year.
Institutions affected by a total closure or change of vocation following the publication of the regional boards’ three-year plans for the reorganization of services are exempted from the application of this letter of understanding.
Two (2) years after the conversion of replacement hours into positions has been carried out, the parties shall repeat the process.
opeiu 491
(this is a translation)