The Administrative Labor Tribunal orders the FIQ nurses to “unconditionally accept” any request for compulsory overtime “in urgent and exceptional situations, as usual,” next Monday. But he takes note of the fact that the school leaders will have taken all means, that day, to avoid resorting to compulsory overtime.
The Interprofessional Health Federation, which represents 76,000 nurses, licensed practical nurses and others, sees it as a “victory”, because the Tribunal has precisely specified these “urgent and exceptional situations” that must justify the use of the famous OSI, the time mandatory extra, that day.
The FIQ had asked its members to refuse collectively to work mandatory overtime next Monday. She wanted to protest against the use of compulsory overtime, a measure that is supposed to be an exception but has become too common, she says.
However, the Tribunal ruled on Friday that this concerted pressure tactic “may harm or is likely to cause harm to a service to which the public is entitled”.
This service to which the public is entitled “is to receive continuous nursing care, provided by the nursing professionals according to the usual practice, which includes the mandatory extra time”, wrote the administrative judge Helene Beard.
It orders the FIQ to inform its members that they must “unconditionally accept all requests for mandatory overtime (TSO) in urgent and exceptional situations, as in normal times”.
One nuance, however: the Tribunal noted that Quebec health facilities “have taken all the necessary steps and measures to avoid the use of mandatory overtime” on this day of April 8th. Given this commitment, “the TSO will be required only in emergencies and exceptional situations that will arise on April 8,” said Judge Administrative Beard.
That’s what we wanted, says the FIQ
In an interview, FIQ President Nancy Beard welcomed the fact that “one judge finally recognizes that OST must be used in urgent and exceptional situations. It’s a great victory, “said the largest union organization of nurses.
She even maintained her refusal of the TSO on April 8 because, according to her, employers could only use it on urgent and exceptional occasions that day, and that is what nurses were asking for. .
“What she tells us is what we said on April 2,” at the press conference where the Nurse OSI Day was announced, argues Ms. Beard. Nurses will always be present, in mandatory overtime if necessary, during real emergencies, real exceptional situations, and that’s what the judgment says, says Ms. Beard.