Overlake Hospital Medical Center

You are entitled to one 15 minute uninterrupted rest period for each four hours you work.
Each rest break must start within the first three hours of the four hour period. If you do not get one of your breaks, please record a missed break in the time clock system.  Please contact WSNA immediately if you feel you have not been compensated correctly or if you are unable to get breaks.  Please contact WSNA if you have been told your last 8 minutes of your shift counts as one of your breaks.
 
Frequently Asked Questions (FAQ)

Can Overlake refuse to pay me for a missed break?  No.  You are entitled to 15 minutes of additional pay. 
 
My employer says I'm already being paid so I don’t need to clock a missed break.  Is that true?  No.  Again, you are entitled to 15 minutes of additional pay and if you are into an overtime situation, it should be paid at that rate. 

My charge nurse forgot to document my missed break and now I'm not getting paid.  Can my employer do that?  No.  You need to be paid for all time worked.  Contact WSNA if your employer refuses to pay you.
 
My employer says that I get my break at the end of the shift and I should clock out 7 minutes early and that counts.  Does this count as my second break?  No.  Your break must start within the first 3 hours of a four hour block. At the end of a shift, you have already missed your break.  Clocking out 7 minutes early does not count as a 15 minute uninterrupted break as provided for in your contract.  Please contact WSNA if this has happened to you.

What happens if I don’t record my time?  I am afraid of appearing disorganized and have been warned that we can’t work overtime. Your employer is required to pay you for time worked.  You are also required to clock all time worked.  If most nurses don’t document their missed breaks, the employer may have a hard time recognizing that they are not staffed appropriately to allow for breaks. It also harms your co-workers who do record their missed breaks.  We need everyone to clock each and every missed break and/or meal. Protect yourselves and your patients …take your break and when you can’t, account for it.  The hospital is making money when you do not clock your breaks.  The payment for a missed break and any overtime is meant to be a deterrent to encourage employers to staff appropriately.  Be part of the solution!!!

Whose job is it to ensure that I receive rest breaks?  Under Washington law, Overlake has a “duty to provide” meal and rest breaks; this is a “mandatory obligation” of the employer.  A real rest break requires relief from work or exertion (and does not include when you are charting).

WSNA wants you to take your breaks! 
When you cannot, record your time. 
We need your help in insuring that your employer is providing the staffing needed to ensure that you get your breaks.
 

There are currently several ongoing grievances regarding what WSNA believes are multiple violations of the low census language.  WSNA will be seeking back pay for those affected.  You may also be entitled to other remedies.  Please contact WSNA immediately if you have been:

• Placed on low census for the first part of your shift and it was more than four hours into your shift when you had to report.  (Example - you were scheduled for 12 hours and received low census for the first 8 hours. There may be other examples.)
• Placed on low census for the first part of your shift and then later placed on low census for the entire shift.
• You were scheduled for an overtime shift that had been previously approved and then later removed from that shift or you were placed on low census out of turn the day of the shift with staffing or management indicating the OT shift was no longer approved. 
• You were on the schedule for standby and were told you were not needed, cancelled and then were not paid your standby pay.

The correct order of low census as stated in your collective bargaining agreement is:

1. Short notice registry agency personnel;
2. Volunteers (the day off shall be counted for purposes of the rotations list);
3. Extended assignment agency/travel personnel; and
4. Nurses working overtime. 

(Please refer to the Collective Bargaining Agreement 9.7 for the remainder of the low census rotation list.)

Please immediately contact Sara Frey, WSNA Nurse Representative at  sfrey@wsna.org.   Please include the dates, length of shift, length of low census, etc.

WSNA has received a number of complaints regarding violations of the low census language.  Please take the time to review the low census language in your contract (Article 9.7) and be familiar with the proper rotation, notification and the rules for late start (9.7.2).  A copy of your contract can be found under the “contract” tab.  We can also provide you with another copy if you request it.  PLEASE notify your WSNA Nurse Rep immediately if you believe there has been any violation of the contract or if you have a question. 

FAQs

Q.  My manager wanted to low census me for the first 6 hours of my shift and then had me come in for the last 2 hours.  Is that okay?    A.  NO.  You can only be placed on low census for the first 4 hours or less of your shift or your entire shift.  If you are placed on low census for the first 4 hours or less, then you report to work for the remainder of your shift at the designated time.  You do not call in to see if you are needed.  You simply report to work.

Q.  My manager put me on low census for the first 4 hours of my shift and told me I had to call before coming in to see if I was needed for the remainder of the shift.  Do I have to call and can she low census me for the rest of my shift at that point? A.  NO.  They cannot low census you for the rest of your shift and you simply report to work. You do not need to call. You cannot be subjected to anymore low census for that shift.

Q.  I was called at night and placed on low census for the next morning.  I got a call early in the morning saying they now needed me and I had to report to work. I did not agree to be on standby.  Can they do that?  A.  NO.  Once you are placed on low census, you are no longer obligated to work unless you have voluntarily agreed to standby for that shift.

Q.  My manager has placed me on low census for the first 4 hours and says I have to be on call.  Is that right?  A.  NO.  You have the option of being on standby or just taking low census.  Remember, if you do agree to take standby and are called in, you are paid at time and one-half for those hours. 

Q.  My manager allowed me to sign up for an overtime shift and the shift was placed on the schedule.  On the day I was supposed to work, the manager said that now she/he won’t approve OT anymore and is placing me on low-census before volunteers and agency/travelers.  Can the manager or staffing do that?   A.  NO.  Please review the rotation language (9.7).  Once a schedule is posted or you have been approved to sign up for an OT shift, it’s a done deal.  The manager or staffing cannot change their mind, shift or deviate from the rotation listed in your contract by saying it is no longer approved overtime.     

Q. I volunteered for low census for a shift and was not placed on low census prior to the start time.  Once I arrived, I was told I was being placed on low census and because I had volunteered, they did not have to follow the notification language.  Is that true?  A.  NO.  Once you report to work, you are guaranteed 4 hours of work.  The notification language does not differentiate between voluntary and mandatory and you are still entitled to the notification requirement (9.7.1   1 ½ hours for day shift and 2 hours for evening and night shift).

There are other scenarios.  Please track your low census and be aware of your contract rights.  Again, please contact WSNA if you believe there is a problem or want clarification.  WSNA is your resource for contract questions and resource
and are here to advocate on your behalf. 

The 2011-2014 contract is now available for download.

If you have been negatively impacted by the recent Emergency Department rebid, please contact me immediately.

Sara Frey, BSN, RN
WSNA Nurse Representative
sfrey@wsna.org
206-575-7979, ext. 3039

After several months of hard work by your negotiation team, your new contract is ratified!  One of the exciting changes is the addition of BSN/MSN pay! 

How to receive your BSN and/or MSN pay: No later than April 13^th, a list will be posted on Overlake’s intranet HR web in the "for RNs only" section. If your name appears on this list, you don’t need to do anything other than make sure that on May 27^th, the premium appears on your paycheck. Contact HR immediately if you don’t see a change in your paystub.  If your name does not appear on the list, there will be a form on the website. Complete the form, attach a copy of your degree and sign a release for verification of the stated education.  Then, fax, email or deliver those documents to the HR office. Be sure to retain a copy for yourself with a date stamp or some type of proof you submitted the information and then follow up to insure it appears on your paycheck.

THANKS to Your Negotiation Team!! If you see one of your negotiation team members, please thank them as they put in many hours of hard work on your behalf. If you have questions about the new contract, please contact me, Sara Frey at (206) 575-7979 or sfrey@wsna.org. Once we have copies of the contract, I will be sending out information about where and when you will be able to pick up a copy. WSNA looks forward to supporting you in the upcoming three years! 

We have now completed two bargaining sessions. WSNA has presented its complete proposal. However, we were disappointed that Overlake was not prepared to present its entire proposal. We have not seen any economic proposal to this date. We do expect them to present that portion at our next bargaining session Friday March 18, 2011.

**News happens fast during negotiations. If you want to ensure you are in the loop throughout this process, please send your name via email to membership@wsna.org to verify your current HOME email address.

We have just completed our first negotiation session and your negotiation team was there working on your behalf in this process.  We presented our full proposal to the Overlake team.  Overlake also presented part of their proposal and we are still waiting on their economic proposal.  It was a productive meeting.  Our next session is March 10th.

• Your 2011 contract negotiation team has already been hard at work on your behalf.  We have formalized a list of priorities and items we will be bringing to the negotiation table.
• The members of your 2011 Negotiation team are:  Christiana Natarajan-S4, Christopher C. Birchem – E3, Denise Langeland - S4, Janelle Peterson - OP Surg, Kimberly Lovelace - OR, Pam Depolo - E3,  Patricia Brown – E3, and Sharon Sim - S4. 
• Negotiations begin on March 1st!  I will be sending out periodic information to update you on the progress. 
• News happens fast during negotiations. If you want to ensure you are in the loop throughout this process, please send your name via email to membership@wsna.org to verify your current HOME email address.