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Understanding Your Contract: Article 9.11 – Consecutive Work Premium
March 25, 2022
(a) Eight (8) Hour Shifts
Subject to clause 8.05, all work performed on the seventh (7th) consecutive evening or night shifts (or any combination of evening or night shifts) shall be paid for at the rate of time and one half (1 1/2) and work performed on the eighth (8th) and subsequent consecutive shifts shall be paid for at a double time rate. This clause shall not apply to those consecutive shifts worked subject to the written and signed request of the employee.
(b) Twelve (12) Hour Shifts
Subject to clause 8.05, employees who work under a twelve (12) hour shift schedule will be paid time and one half (1 1/2) for all work performed on the fourth (4th) consecutive shift and double (2) time for the fifth (5th) and subsequent consecutive shifts. This clause shall not apply to those consecutive shifts worked subject to the written and signed request of the employee.
What does this mean?
Article 9.11 and Article 8.05 of the Provincial RNU Collective Agreement set out the circumstances in which a consecutive shift premium is payable. Note that a “shift” in the collective agreement is defined under 2.01 (v). These articles are applicable to permanent, temporary and casual members.
The circumstances in which the consecutive work premium is applicable is limited based on the following:
- The consecutive shift premium is not payable for shifts that are worked subject to the written and signed request of an employee. This would include extra shifts that are requested in writing by part-time employees, as per the letter of understanding located at page 221 of the Collective Agreement. Article 8.05 also makes it clear that no employee can be compelled to work more than a specified number of consecutive shifts.
- Consecutive shifts under Article 9.11 will have to be made up of non-overtime shifts and, as previously noted, they will have to be shifts that are not performed subject to the written and signed request of an employee.
An arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute.
In a February 2004 RNU arbitration, an issue arose as to whether work performed at the overtime rate could constitute a shift for the purposes of the consecutive shift premium specified in Article 9.11.
The arbitrator found that unscheduled overtime work performed prior to regularly scheduled shifts did not constitute a “shift” for purposes of Article 9.11. As such, the consecutive work premium was found not to apply.
That is, this arbitration determined that work performed at the overtime rate does not constitute a shift for the purposes of the consecutive work premium. In support of this decision, the arbitrator noted that NAPE’s Collective Agreement specifies that overtime work applies for the purposes of calculating their consecutive work premium. The RNU contract does not contain such wording.
Given the results of the February 2004 arbitration, the circumstances in which the consecutive work premium will be applicable is limited. Consecutive shifts under Article 9.11 will have to be made up of non-overtime shifts and, as previously noted, they will have to be shifts that are not performed subject to the written and signed request of an employee.
Registered nurses who have questions about whether the consecutive work premium is applicable to work that they have performed should consult with their local RNU branch representatives for guidance.
*This interpretation is provided for internal RNU education purposes only. It does not represent the official position of RNU and it is strictly ‘without prejudice’ to any formal position whatsoever that RNU may choose to take in proceedings, legal matters, negotiations, or otherwise.
