The neonatology nurses of the CISSS de Laval won their case before the Arbitration Tribunal last Tuesday: the systematic use of compulsory overtime (TSO) to make up for the lack of staff for three years was judged as an “unreasonable exercise of management rights. »
Posted at 1:45 p.m.
The CISSS de Laval was found guilty of abusive and systematic use of mandatory overtime in its neonatal unit, in a judgment opposing it to the Union of nurses, respiratory therapists and auxiliary nurses of Laval (SIIIAL-CSQ) rendered on 26 July by the Arbitration Tribunal.
“The sustained and chronic use of overtime on an involuntary basis – to remedy what is in effect a staff shortage – is not in accordance with the collective agreement and constitutes an unreasonable exercise of management rights,” wrote the referee, Mr.e Julie Bluin.
For this 20-bed unit welcoming babies born prematurely, the nurses worked 693.70 compulsory overtime hours in 2019, 383.71 in 2020 and 979.81 in 2021. “It is clear that their use is increasing”, specifies the judgement.
However, shifts are not filled as soon as the nurses’ schedule is posted, the Tribunal concluded. Positions remain vacant for months, in particular due to departures and long-term leaves (such as maternity leave).
“The Tribunal is of the opinion that the use of compulsory overtime is no longer, as the employer claims, an exceptional mechanism, specifies Ms.e Blouin. The problem is the imposition of mandatory overtime by the employer to compensate for its recurring staff shortages due to recruitment and retention problems. »
A way of proceeding which rests “the majority of the inconveniences on the employees”, concludes the Court.
The CISSS de Laval was not immediately available to comment on the Arbitration Tribunal’s conclusion.
Breathless nurses
When a nurse is imposed a compulsory shift, she works more than 16 hours in a row, often with premature or unstable babies, underlines the judgment. Exhausted, they will often miss work the next day, which creates a “domino” effect.
“All of the nurses who testified explained that compulsory overtime caused them fatigue, concentration problems, headaches, irritability and stress,” writes Ms.e Blouin. Some even say they fell asleep in the car on the way home. »
For Déreck Cyr, president of the SIIIAL-CSQ union, “holding workers hostage increases the psychosocial risks. »
Under the judgment, the Syndicate plans to even claim damages from the CISSS de Laval, says Mr. Cyr.
Having enough manpower: the responsibility of the employer
The judgment also decides on the employer’s responsibility to have enough personnel for the services it offers to the population.
“The employer continues to want to offer neonatology services without wondering if it still has the means to achieve its ambitions,” says Ms.e Blouin. Indeed, the institution chooses the services it offers, and remember that this choice must take resources into account. What would he do if there were no nurses left to work in neonatology on a voluntary basis? »
According to Déreck Cyr, the CISSS de Laval is facing an exodus of its personnel due to the lack of attraction of its positions.
“Between the 1er January 2020 and the 1er January 2022, there were 824 departures, either retirements or resignations from the CISSS de Laval, indicates Mr. Cyr. And what we hear is that more and more people are leaving saying that “if we go to Saint-Eustache, they will give me a pure job”. »
Possible solutions, according to the union
The Union would like the CISSS de Laval to post “day, evening or night” positions that respect the specializations and interests of nurses. Requests that went unanswered. “That’s not how we do detention,” adds Mr. Cyr. If we want to keep our members in Laval, we have to advertise positions that are attractive. »
SIIIAL-CSQ’s position was recognized as credible by the Court, which specified that “the union, which had the burden of proof, succeeded in establishing that other avenues could be explored in order to avoid recourse to as many compulsory overtime. »