To All Affected USW Employees,
We are aware of the 0645 clock-in time change that has recently been implemented by Oroville Hospital. We want to provide you with the Unions position regarding the changes to all 10 and 12-hour shift workers. In no way were we in agreement with the Hospital on this change. In fact, we fought against it being implemented. Your Union Executive Board had multiple meetings with HR and Administration over the Hospital’s decision to unilaterally make this change. As full-time employees that also work alternative shifts, we have been equally affected and we understand the impacts you’re dealing with over this change.
Before the Union governed the employees, it was decided that Hospital campus employees’ start of a workday would be 0645. That same workday start time was implemented into the Union Agreements from day one. We have fought to change that start time through multiple sets of negotiations, to no avail. Over time, the Hospital has grown substantially. The Administration has a long-standing practice of allowing their Directors and Managers to run their departments as they see fit. Over time with the growth of the facility came different scheduling needs. With shift differentials and with the implementation of more and more alternative work shifts, i.e., 10 and 12 hour shifts, those changes brought increased overtime, and false overtime, along with an increase in shift differential payout to employees scheduled prior to the day-shift work hours of 0645. This is where it’s been most problematic. The Hospital felt they needed to recapture their 0645 start time in an effort to bring the costs of this overtime and shift differential to a more manageable level. They also felt they were not adhering to the Department of Industrial Relations Labor Code; this is where we (the union board) disagreed.
The labor code below is specific to those who work alternative shifts.We've added the section of the Labor Code that the Hospital referenced here for you:
INDUSTRIAL WELFARE COMMISSION ORDER NO. 4-2001 REGULATING WAGES, HOURS, AND WORKING CONDITIONS IN THE PROFESSIONAL, TECHNICAL, CLERICAL, MECHANICAL, AND SIMILAR OCCUPATIONS 3. HOURS AND DAYS OF WORK
1) Each proposal for an alternative workweek schedule shall be in the form of a written agreement proposed by the employer. The proposed agreement must designate a regularly scheduled alternative workweek in which the specified number of work days and work hours are regularly recurring.
We offered to write a Letter of Understanding in an effort to preserve your schedules as they were. They refused our efforts and double-downed inserting their Management Rights with regard to changing work schedules as they see fit.
Management rights has been copied below:
ARTICLE III
MANAGEMENT RIGHTS
It is expressly agreed that all rights that ordinarily vest in and are exercised by the Employer, except as modified or relinquished herein by the Employer, are reserved to and shall continue to vest in the Employer. This shall include the right to: manage the business and direct the working forces, including the right to hire and to suspend, discipline or discharge employees for just cause; the right to transfer employees from one department and/or classification to another within the bargaining unit based on the needs of the Employer; layoff or relieve employees from work because of a lack of work or for other legitimate reasons based upon the needs of the Employer; promote employees to positions and classifications not covered by this Agreement; make such operating changes as are deemed necessary by the Employer for the efficient and economical operation of the business of the Employer; the right of the Employer to assign duties and tasks; maintain discipline and efficiency; determine the type of machines and/ or equipment to be used or furnished by the Employer, the location of work assignments, the schedule (s) of work assignments within work periods and the methods and means to conduct the business of the Employer; the right of the Employer to establish, eliminate, combine jobs and classifications; the right of the Employer to evaluate all employees covered by this Agreement. Nothing in this Management Rights Clause is intended to or shall be construed to be inconsistent with or limit or modify the rights and obligations set forth in this Agreement.
We think it’s important USW represented employees know this change does not only affect you. The Hospital has implemented this across the board to all alternative shift employees, union and non-union alike. Non-union employees had their schedules changed first (in December 2022). We understand how this change has negatively impacted some of you. We felt you needed to know that we worked hard to try and prevent this change. Unfortunately, they have the legal right to make these changes as long as they give ample notice of the change beforehand, which in most cases, they’ve done.
We are also under the impression the Hospital Management is claiming the Union made these changes; that it’s the Unions fault. This is the absolute furthest from the truth.
In Solidarity,
Your Local USW Union Executive Board