In this issue:

• Sip and Chat is Back
• Blue Fridays
• Union Grievances
• Seeking Unit Reps and Union Officers
• Meal & Rest Breaks -Labor & Industries
• How to File a Department of Health Complaint

Virtual Sip and Chat is Back

Join us this Thursday, January 23 from 8 -9 pm. 

Earlier in the day we will have our monthly Labor/Management Conference Committee meeting and Hospital Staffing Committee meeting.

At Sip and Chat, we will bring you updates from those meetings and have discussions on issues which you concern you.

Blue Fridays

Continue showing your Union Spirit by wearing your WSNA Blue T-Shirts on Blue Fridays. If you don't work Fridays, then wear them on a different day.

Take a photo and post on one of our social media pages. If you need a shirt, contact Ilia Mondoy mondoyit@gmail.com.

More union actions planned; information coming your way soon.

Union Grievances

Thank you for bringing forward your grievances. We have been prevailing on issues such as: Rest Between Shifts, Incentive Pay, Staffing Standard Premium, and Low Census Order. If you believe there is a contract violation, bring it forward to a union unit rep, officer or WSNA nurse representative.

• Consecutive Weekend Grievance: Arbitration scheduled February 20-21.

• Break MOU Grievance: Working to establish an arbitrator and arbitration date.

• Blocking newer nurses from changing shifts until 6 months of employment: Scheduling Mediation.

• Healthy at Work Grievance (not providing opportunity for program and premium discount) : WSNA seeking next steps.

Seeking Unit Reps and Union Officers

Thank you to Anne Landen for 3+ years serving as a grievance officer and unit rep for the E.D. Also thank you to Keith Templeton for serving as membership chair, staffing committee member, and unit rep for Med/Oncology. We are sad to see you both leave us but wish you well in your new endeavors.

Now is a great time for those of you who'd like to get more involved in union leadership to step up and serve. Let us know if you'd like more information about different ways you can help to lead the team.

Additionally, we need to ramp up our list of union unit reps. You are the ones to help keep your unit informed of union actions; update the union boards; point people in the right direction to find the contract and union leadership; and let union leaders know the issues on your units.

If interested, please contact one of the officers, nurse representative, or organizer listed at the end of this message.

Meal and Rest Breaks - Labor & Industries

We are hearing a great deal of concern about meal and rest breaks and want to provide information about what is acceptable under the break law versus what should be reported to L&I.
This is lengthy but should answer many of your concerns. The information included here is based on the complaints we are hearing  and is not a summary of the entire law or every issue.

Regulating agency for missed breaks

The new law is being regulated and enforced by L&I (Labor and Industries). They are addressing all issues related to missed breaks, non-compliance with the break law, and retaliation towards nurses who are trying to take their breaks (more below).

Complaints related to the breaks must be filed by the affected nurse. Filing these complaints is protected activity and any retaliation will be investigated and addressed by L&I.

You can file a complaint here: https://secure.lni.wa.gov/wagecomplaint/#/

What is a violation?

Nurses are entitled to breaks based on the number of hours they work.*

• 12-hour nurses get 2 meal breaks (30 min each) and 3 rest breaks (15 min each).
• 10-hour nurses get 2 meal breaks (30 min each) and 2 rest breaks (15 min each).
• 8-hour shifts get 1 meal break (30 min) and 2 rest breaks (15 min each).

*These may differ if you have waived a meal period, or if you working over 12 hours.

An Employer can be reported for a violation if they take adverse action against a nurse who is exercising their right to:

1. Take the meal breaks they are entitled to have under the law

2. Accurately report missed breaks in the hospital tracking system

3. File a complaint related to a perceived violation

4. Expressing concerns about break relief to management

Adverse actions can include actions such as:

1. Suspension, termination, demotion, or denial of a promotion

2. Reduction of work hours

3. Oral or written warning

4. Reducing rate of pay

Waivers

Employers are allowed to offer waivers to skip one of the meal periods. You cannot waive rest breaks.

These waivers must be initiated by the employee, and you cannot be coerced or forced to sign it.

Your waiver can be rescinded at any time by contacting HR and notifying them to remove it.

If you have been forced to sign a meal waiver against your will, been led to believe that you must sign it, have been threatened with discipline for not signing it, or have been told that you cannot rescind the waiver, please contact L&I. Based on individual circumstances, they may ask you to file a complaint.

Documenting missed breaks

Documenting missed breaks is critical for enforcing the break law.

If the Employer is not compliant, they can get penalized and have to make changes to ensure breaks. If nurses are not reporting their missed breaks, then the Employer will not be held accountable for failing to provide break coverage.

If you are told that you can receive discipline for reporting your missed break when no mechanism for taking a break has been provided, you can report retaliation as indicated above.

A note about breaks

Breaks are designated time that is free of interruptions and work related tasks. Please do not use this time to do charting, or to “catch up” on work.

If, for example, you hand off your patients to a break nurse, then choose to spend your break time charting, you cannot claim that you did not get a break at the end of shift.

We recommend that you leave the floor completely, or go to a break room, to ensure that your break time is separate from your working time.

If Management is unable to provide a nurse to assume care of your patients, or if you are a change nurse who is unable to leave the unit because there is no one who can cover your duties, then you should be reporting all the breaks you missed at the end of your shift.

Tips for completing an L&I complaint

1. Write a clear statement of the violation.  Examples: “I was retaliated against because I questioned management about breaks, and my hours were reduced,” or “I was disciplined for reporting that I missed breaks when no staff was available to provide my break.”
2. Gather facts about the staffing on the unit. For example, the number of patients, number of nurses, number of available break nurses, any staffing adjustments made after the shift started, relevant parties who witnessed or participated in your concern, etc.
3. Record the date, time, Charge nurse, and managers for that day.
4. Keep records of written conversations related to the incident being reported.
5. Review with your nurse rep prior to filing, if necessary.

Relevant laws and resources to review

Meal and rest break protections for certain healthcare workers. Labor and Industries Administrative Policy. HLS.A.2 (wa.gov)

RCW 49.12.480 Meal and rest breaks for healthcare facility employees.

RCW 49.12.483 Meal and rest breaks for health care facility employees – enforcement/penalties/retaliatory actions/appeals.

WAC 296-126-092 Meal periods-rest periods

If you have additional questions, please contact WSNA Nurse Rep Janet Stewart JStewart@wsna.org.

How to File a Department of Health Complaint

Some of you have expressed unsafe conditions on your unit, environmental concerns or infection control issues. Inform your management of these concerns, submit HEROs, and submit ADOs. If your concerns are not addressed, you may want to file a Department of Health complaint. For more information, visit: 346-172-ComplaintProcessHospitalsAndHospitalStaffing.pdf.

Your Good Samaritan Officers,
Ilia Mondoy, Raeli Korzeniecki, Mindy Thornton, Aaron Bradley, Atalia Lapkin

WSNA Organizer Grace LaMonte GLamonte@wsna.org
WSNA Nurse Rep Janet Stewart Jstewart@wsna.org