Understanding Your Rights under Article 14.06 of the ONA/OHA

Article 14.06

Where a full-time or regular part-time nurse has completed their regularly scheduled tour and left the hospital and is called in to work outside their regularly scheduled working hours, or where a nurse is called back from standby, such nurse shall receive two (2) times their regular straight time hourly rate for all hours worked with a minimum guarantee of four (4) hours' pay at two (2) times their regular straight time hourly rate except to the extent that such four (4) hour period overlaps or extends into their regularly scheduled shift. In such a case, the nurse will receive time two (2) times their regular straight time hourly rate for actual hours worked up to the commencement of their regular shift.

Overtime Compensation (Double Time) (This is for call-back)

If you, as a full-time or regular part-time nurse, complete your scheduled shift, leave the hospital, and then are called back to work outside your regular hours, you are entitled to double (2X) your regular straight-time hourly rate for all hours worked. This includes scenarios where you are called back from standby.

Your entitlement to this is not affected by your status as "available" in the employer scheduling system.

It also includes call-back by any means, including phone calls or text messages.

Minimum Guaranteed Pay (This is for Stand-by):

There is a minimum guarantee of four (4) hours' pay at double (2X) your regular straight time hourly rate, even if the work period is shorter than four hours. However, if this period overlaps with your regular shift, you will only receive double pay for the actual hours worked up to the start of your regular shift.

Several arbitration cases have reinforced and decided in favour of the application of Article 14.06.

Practical Example

If you work a 12-hour day shift on Monday (e.g. 07:00 h to 19:00 h) and are called back for any shift or partial shift after leaving the hospital within the next 24 hours (Monday 19:00 h to Tuesday 18:59 h.), you are entitled to double-time pay.

The same applies if you complete an 8-hour shift and are called back for a shift starting within 24 hours of your departure.

Payroll Process

The hospital is fully aware of these provisions, so you do not need to notify anyone about the overtime or double-time pay when accepting the shift.

Please check your pay stub for accuracy. If there is an inaccuracy, it must be discussed with your immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the nurse.

ONA recommends using email for this communication to ensure there is a record in case of any disputes.

Please feel free to reach out if you have any questions or need further clarification on this matter.