In April 2021, WSNA filed a grievance on behalf of an individual nurse and all affected nurses concerning overtime pay calculations for working callback and/or rest between shifts. The core issue for WSNA was that we believed when a nurse works callback or rest between shifts during a pay period, the contract required the nurse also being paid the overtime rate for all hours worked over 40 (or 80 in a two week period). WSNA argued callback and rest between shifts were considered a “premium” pay like other premiums in the contract for nurses working stringent hours, and that it was only daily overtime (working extra hours beyond your normal shift) that could be credited towards the total sum of weekly hours. During the course of the grievance process, the employer argued they could credit any and all hours which were paid at a rate of time-and-a-half or more towards the total weekly sum, thereby reducing the employer’s obligation to pay overtime.

On March 31, 2022, the grievance was arbitrated and WSNA has now received the arbitrator’s final and binding decision. The arbitrator ruled the contract language was ambiguous and the employer had a long-standing practice of crediting hours. The arbitrator thus ruled in the Employer’s favor. While we still believe the contract was clear on how overtime should be paid, arbitration decisions are final and binding.

For the nurses of Sacred Heart, this is an unfortunate decision. It means the Employer can now credit any hours worked at a rate of time-and-a-half or double time against weekly overtime. For example, if a nurse works a callback shift on a Sunday, and receives time and a half for coming in, then those hours have already been paid at least a time-and-a-half rate and therefore will not be counted towards hours worked over 40 in the week (or 80 in the pay period) for the purpose of calculating overtime.

We strongly felt it was important for our nurses to know about this arbitration decision in the event you are considering an overtime shift. We are sad to communicate this reality to our nurses and will continue to fight for better pay and working conditions. We feel this change will have a direct impact on staffing, and how or when nurses choose to pick up an additional shift.

Questions? Contact Nurse Representative Jaclyn Smedley at jsmedley@wsna.org.