Dear USW Siblings,
We are aware of the Hospital implementing hourly cuts through utilizing low census, and sending many workers home early, which have left employees short on hours. This is something that is affecting hospital employees throughout all departments on and off-campus sites. Non-union employees are also affected. It is our understanding that Oroville Hospital is having some financial and budgeting issues. Every department is now on a budget that must be met. Although we understand that this is frustrating and creating hardship for many, it is something that the Hospital has a right to do. If the hospital isn’t able to pay their bills or make payroll, then unfortunately, the alternative to cutting hours would be eliminating jobs, which is something they are trying to prevent. Management has done some restructuring of job positions, and within that process, they have eliminated a few of those positions. They have offered the few affected individuals the ability to transfer to another position or department or accept a layoff. Just as they have the right to create jobs and positions, they have the right to restructure them as well.
We have included some articles from our collective bargaining agreement that lay out the procedures of low census and call-offs. In addition, we’ve provided some information on EDD (Unemployment Benefits). If you are significantly impacted by a reduction in work hours, you can go to the EDD website and apply to help substitute the lost wages. At the bottom of this page, there are a few tools to help you find out if you qualify.
One very important thing to note: When you are instructed or leave a shift as an LC (low census) or if you’ve been told not to come in for the day under an LC, it’s important to know you need to document the LC’d time under the low census button on the time clock. When you clock in after your return from an LC’d shift, it’s important to place those lost hours/shifts under the LC button. Documenting your LC time is important for those who have full or part-time medical benefits, vacation time, sick time, etc. Documenting your LC time preserves your benefits. It also shows administration that their management is meeting their budget requirements. So even if you’re a per-diem employee, please document your LC time; we hope this will help prevent further job restructuring and layoffs.
From our contract:
Article X, Section 9: Low Census Day In the event the Employer requests an employee to take a "low census day" off because of low patient census, the Employer shall make every effort to notify those employees affected at least two (2) hours before such "low census day". The assignment of an employee to a "low census day" off shall be based upon practices heretofore prevailing. Employees requested to take a "low census day" off shall accrue all benefits for such day. The employee may request a vacation day for a low census day and will be paid for that vacation day provided that the employee has such vacation time available and is otherwise eligible to use vacation.
Article XIV, Section 5: Reduction in Force and Recall from Layoff Procedures In the event that the Employer determines that it is necessary to reduce the workforce in order to address its business and financial needs, employees affected by the reduction in force shall be subject to layoff as follows: A. Order of Reduction in Force 1. Contract Labor. 2. Temporary Employees. (Temporary Employee as used in this Agreement is an employee hired to perform a special project not to exceed ninety (90) calendar days.) 3. Per Diem employees in seniority order shall be first subject to layoff within their respective classifications. Where two or more per diem employees in the affected classification have the same length of seniority, skills and qualifications shall be the determining factors in such layoff situation. 4. Regular Part-Time employees in seniority order shall next be subject to layoff within their respective classifications. Where two or more part-time employees in the affected classification have the same length of seniority, skills and qualifications shall be the determining factors in such layoff situation. 5. Regular full-time employees in seniority order shall next be subject to layoff within their respective classifications. Where two or more full time employees in the affected classification have the same length of seniority, skills and qualifications shall be the determining factors in such layoff situation.
Above is a basic layout of how the low census should be happening. Though all departments must LC employees, we understand some departments are utilizing LC time on a voluntary basis. If the hospital continues to fall short, layoffs may be required. There is specific language in our contract that enforces the way the hospital administration must implement layoffs. This is in place to preserve seniority as well as those who work full-time or part-time. It’s also required of the hospital to recall employees from layoffs in the same manner. Both layoff and recall language prevent the employer from subjectively hand-picking whom they lay off or bring back to work. The contract language must be followed. Please refer to the above process under Article XIV, Section 5.
Below you will find the information/resources we know about ways you may qualify for unemployment with a reduction in work hours:
Here is a calculator tool to see if you might qualify for unemployment under a reduction of hours: https://edd.ca.gov/en/unemployment/UI-Calculator/
One is considered “unemployed” for the purposes of unemployment insurance (UI) if he or she meets this condition: “Any week of less than full-time work, if the wages payable to him or her with respect to the week, when reduced by twenty-five dollars ($25) or 25 percent of the wages payable, whichever is greater, do not equal or exceed his or her weekly benefit amount.” Cal. Unemployment Ins. Code, Sec. 1252. Full-time is defined by the state as “full-time work in a week consists of the number of hours considered to be the standard or customary workweek for an occupation in a geographic or labor market area.”
(See https://edd.ca.gov/en/uibdg/total_and_partial_unemployment_tpu_5/ )
The weekly benefit amount is usually based on weekly earnings is the first four of the last five completed calendar quarters prior to the beginning date of the UI claim. The maximum weekly benefit amount is $450. For example, if someone was earning $450 per week during the last year plus a quarter, their weekly benefit amount is $450. If they make $250 in a week now, then they are eligible because $250, if reduced by 25 percent to $187.50, is less than the weekly benefit amount ($450).
(See https://edd.ca.gov/siteassets/files/pdf_pub_ctr/de8714ab.pdf )
We hope this has helped answer some of your questions.
In solidarity,
Your Executive Board
USW, Local 9600