An arbitrator has ruled that VCH has the right to have an attendance program to manage attendance issues.
In his ruling of Jan. 18th Arbitrator Vince Ready said, “I applaud this Employer for also focusing on wellness as part of the program at this workplace and I find that this AWP was researched and implemented in good faith by the Employer, after consultation with the Unions.”
Mr. Ready also said that even though written and oral communications (in AWP meetings for example) are uncomfortable, that does not render them disciplinary.
Where the arbitrator said VCH has to change the AWP program is in instituting a blanket overtime ban at stage 1 of the AWP program. Instead VCH has to review each employee’s overtime and determine if the level of overtime shifts contributed to their missing regularly scheduled shifts. “In that case curbing the overtime available may be a response that is reasonable and corrective in nature.”
Mr. Ready also ruled that “in some instances, an employer may be permitted to reduce employees’ hours or convert an employee to part-time status as a corrective attempt at curbing excessive absenteeism and keeping an employee employed.” However he ruled that reducing an employee’s hours automatically at stage 3 of the AWP program is not acceptable.
As a result of this ruling VCH has withdrawn the automatic overtime ban at stage 1 and reduction in FTE at stage 3 of the AWP program and is revising the program to meet the arbitrator’s ruling.
A revised AWP brochure will be sent out to all employees with the last February pay statement and will include the average sick leave ratio for 2013.
The VCH unionized paid sick leave average for last fiscal year is 4.75%. All employees above this level will be screened into AWP except in cases of disability or one-time extended absence due to illness or injury such as cancer treatment or surgery.
More information about the VCH Attendance & Wellness Promotion Program is posted on VCH Connect.