Government of Quebec and the Comité patronal de négociation pour le secteur de la santé et des services sociaux

Location: across the province of Quebec

Union: Fédération interprofessionnelle de la santé du Québec

Affiliation: Independent National

Number of employees: 46,730

A 60-month renewal agreement, effective from April 1, 2010 to March 31, 2015, settled in January 2011 at the post-mediation bargaining stage. Duration of negotiations: 16 months.

Wages

Economic growth clause

This clause provides for the possibility of increasing wages during the third, fourth and fifth years of the collective agreement if economic growth is higher than what was anticipated in the projections of the government’s 2009 plan to return to a balanced budget. It would apply as follows: on April 1, 2012, possibility of a wage increase of up to 0.5% if the cumulative growth of Quebec’s nominal gross domestic product (GDP) from 2010 to 2011 exceeds 8.3%. On April 1, 2013, possibility of a wage increase of up to 1.5% if the cumulative growth of Quebec’s nominal GDP from 2010 to 2012 exceeds 12.7%. On April 1, 2014, possibility of a wage increase of up to 1.5% if the cumulative growth of Quebec’s nominal GDP from 2010 to 2013 exceeds 17%.

For each period, the additional growth of cumulative GDP is multiplied by 1.25 to determine the percentage to add to the fixed wage increases. For example, a 1% excess in GDP growth would yield a 1.25% adjustment. Thus, a 1.2% excess in GDP growth beyond the guidelines set for each of the past two years would result in a 1.5% wage adjustment for each of those two years. The guidelines are those identified in the Quebec government’s October 2009 plan to return to a balanced budget. That document provides for a nominal Quebec GDP growth rate of 3.8% in 2010, 4.5% in 2011, 4.4% in 2012 and 4.3% in 2013.

Cost-of-living allowance

This clause provides for a wage adjustment of up to 1% if the consumer price index (CPI) is higher than all the increases granted during the period covered by the collective agreement. Where applicable, it would be paid on the expiry date of the collective agreement, namely March 31, 2015.

Hours of work

Nursing assistant and graduate nurse: 36.25 hours per week (no change).

Overtime

Nurse clinicians: the overtime done by nurse clinicians working in activity centres where services are provided 24 hours a day, 7 days a week shall be paid at time and a half (new provision).

Evening shift premium

When an employee offers and keeps to a minimum availability of 16 days out of 28 for the evening shift, he/she receives a premium of 6% (4%), which shall increase to 7% on April 1, 2012 and to 8% on April 1, 2014. An employee who does not meet the availability criteria shall receive a premium of 4% (no change).

Night shift premium

When an employee offers and keeps to a minimum availability of 16 days out of 28 for the night shift, he/she is entitled to the following premiums: on the date that the collective agreement is signed, a premium of 11% to 12% (11%) if he/she has less than 5 years of experience, 12% to 13% (12%) between 5 and 10 years of experience, and 14% to 15% (14%) if he/she has over 10 years of experience.

On April 1, 2011, 12% to 13% for less than 5 years, 13% to 14% between 5 and 10 years, and 15% for over 10 years.

On April 1, 2012, 13% to 14% for less than 5 years, 14% between 5 and 10 years, and 15% to 16% for over 10 years.

On April 1, 2013, 14% for less than 5 years, 14% to 15% between 5 and 10 years, and 16% for over 10 years.

On April 1, 2014, 14% for less than 5 years, 15% between 5 and 10 years and 16% for over 10 years.

Rotating shift premium

An employee who works in a position with rotating day/evening or day/night shifts is entitled to half the evening or night shift premium for the hours worked on the day shift when he/she offers a minimum availability of 16 days out of 28. An employee who does not meet the availability criteria receives half the 4% premium for the evening shift and half the 11% to 14% premium for the night shift, for the hours worked on the day shift (new provisions).

Critical care premium

An employee who works in emergency, intensive care, the neo-natal unit, the coronary unit or the burn unit is entitled to a 10% premium for each hour worked in these departments. On April 1, 2012, the premium shall increase to 11% and on April 1, 2014 to 12%.

When an employee offers and keeps to a minimum critical care availability, in whole or in part, of 16 days out of 28, the premium is 12%. It shall increase to 13% on April 1, 2012, then to 14% on April 1, 2014 (as of April 1, 2009, a schedule premium of $3.49, regardless of availability).

Training allowance

5% for nurses and dispensary nurses and 2% for respiratory therapists when they do initiation and training activities (new provisions).

Shift overlap

15 paid minutes per overlap period when employees must send patient data to their colleagues who take over at the end of their shift. Employees who are not directly affected by the shift overlap shall receive an annual premium of 1%, which will increase to 2% on April 1, 2011 (new provisions).

Statutory holidays

13 days (no change).

Paid vacation

20 days of vacation after 1 year of service, 21 after 17, 22 after 19, 23 after 21, 24 after 23, and 25 after 25 (no change).

Retirement plan

Contribution formula: starting April 1, 2010, the maximum pensionable earnings (MPA) exemption for the wages going towards the retirement plan contribution is 33% (35%). After that, 31% on April 1, 2011, 29% on April 1, 2012, 27% on April 1, 2013, and 25% on April 1, 2014.

Pension indexing: the portion of the retirement benefit associated with the plan contribution period from July 1, 1982 to December 31, 1999 shall be indexed according to a new formula. When the actuarial evaluation of the RREGOP plan identifies surpluses greater than 20%, those surpluses shall be used to index the annuity on an ad hoc basis according to the CPI formula less 3%, with a minimum of 50% of the CPI, as is the case for contributions taken since January 1, 2000. This indexing shall be applicable on January 1^st following the actuarial evaluation (new provision).

Funding of the pension plan: the actuarial evaluation method that determines the plan’s financial situation shall be replaced in order to use the “single premium” method. This will help limit the fluctuations in contribution rates and therefore ensure better long-term financial stability of the plan and benefits and other conditions granted by more easily identifying actual surpluses or deficits. Also, there will be the introduction of a formula allowing an averaging and an annual maximum of potential contribution increases. Lastly, a stabilization fund, equal to 10% of the actuarial liability, shall be created to protect the plan against market fluctuations (new provisions).

Allowances

Meals: $1.85 ($1.75) for breakfast, $4.20 ($4) for lunch and supper. These amounts shall be revised upwards annually based on the percentage increase of the applicable rates and wage scales.

Leave

Adoption and paternity leaves: Starting April 1, 2010, adoption and paternity leaves shall be 6 weeks long, which is 1 week paid 100% by the employer and 5 weeks of compensation making up the difference between the benefits from the Quebec Parental Insurance Plan and 100% of the salary. Also, employees using these leaves shall have the same rights and benefits as during maternity leave, which is the accumulation of sick leave, vacation, seniority and experience (5 days of paid paternity leave with the possibility of having 5 additional weeks of leave without pay and 10 weeks of adoption leave).

Family responsibility leave: 10 (6) days of leave for parental or family responsibilities. Also, the definition of family responsibility is broadened to include things such as the care, health or education of one’s own child or one’s spouse’s child or one’s spouse and the health status of one’s spouse, one’s father and one’s mother (new provision).

Maternity, paternity, adoption and parental leaves: extension of the potential duration of the splitting of these leaves and the addition of reasons for including the disappearance of a minor child and the suicide of a relative (new provision).

Quanta of annual leaves: employees who have left the network for less than one year and are hired by a new employer are entitled to the number of weeks of annual leave they were receiving at their previous employer. However, they will not be able to claim pay for their vacation at their new employer if they already claimed it from the one they left. This clarification ensures that employees do not receive double compensation for their annual leave when they leave one employer in the network for another employer in the network (new provisions).

Position classification

Employees who, as of the effective date of the collective agreement, hold a bachelor’s degree in nursing shall be reclassified as nurse clinicians, whether or not they hold such a position (new provision).

Increase in part-time positions

60% of nursing positions shall be increased to 10 shifts per 28 days at all activity centres, for evening, night and rotating shifts. In critical care, this percentage also applies to the day shift. In addition, 50% of nursing positions shall be increased to 10 shifts per 28 days at all other activity centres for the day shift (new provisions).

Job title creation

The job title of specialty nurse clinician shall be created in order to recognize employees who have graduate academic training, such as infection prevention and control nurses and mental health nurses (new provision).

Accumulation of seniority

A full-time employee who takes a partial leave without pay to teach continues to accumulate seniority, for a maximum of 12 months, as if he/she were full time. An employee who takes a partial leave without pay to go to school continues to accumulate seniority, for the extent of the leave, as if he/she were full time (new provisions).

Tenure, employees with a teaching appointment

Employees who have a teaching appointment at an educational institution will be able to circumvent the requirement to hold a position in an establishment (new provision).

Tenure, employees aged 55 or older

Employees who are 55 or older will be able to circumvent the requirement to hold a position (new provision).

Tenure, availability at another establishment

Employees who hold a position at an establishment will be able to appear on the availability list of another establishment without having to hold a position there (new provision).

Innovations

Independent workforce: the parties agree to reduce by 40% the use of the independent workforce from private care placement companies by 2015. This 40% goal will need to ensure that, upon expiry of the collective agreement, the independent workforce usage rate is roughly 2%, whereas it is currently 3.73%. The parties also agree to form a national joint committee responsible for analyzing the change in the situation and following up with the bodies concerned in order to achieve this goal (new provisions).

Increase in the number of years of pensionable service: starting January 1, 2011, the maximum of 35 years of recognized service for the purpose of calculating the pension is increased to 38 years, which will enable salaried employees wishing to continue working to enhance their retirement pension to a maximum of 76% (70%) of the average income of their five best years. Also, by 2014, the CARRA will have to study the impacts of the measure for introducing the ceiling removal and the minimum age of 55 for retiring (new provision).

Labour/management committees

Attracting and retaining CHSLD employees: within the 12 months following the collective agreement’s effective date, the national parties will have to document and assess the difficulties of attracting and retaining employees working in CHSLDs (new provision).

Local bargaining: the parties agree to do national joint co-ordination, which will follow up with the local bodies so that the local agreements meet the national parameters for reducing the use of the independent workforce, to see to organization of the work, to introduce structuring measures fostering the attraction and retention of staff, to increase the availability of the workforce and to pursue the application of Bill 90. The local parties will have to negotiate and approve the local matters allowing them more flexibility (new provisions).

Non-standard schedules: the local parties will be able to agree to establish non-standard schedules allowing working days longer than 7.25 hours, to a maximum of 12 hours. Where applicable, it will be possible to post permanent positions with working days that vary between 7.25 hours and 12 hours, or even reduce the work week for full-time employees by establishing work schedules with less than 5 working days per week (new provisions).

Labour relations: within 60 days after the collective agreement becomes effective, the local parties will have to set up a labour relations committee. The composition, role and operation shall be determined by local arrangement (new provisions).

Employee retention: a joint committee will be established to evaluate the measures for retaining employees eligible for retirement in letter of understanding 6 and to make recommendations on the relevance of renewing them (new provisions).

Committee for off-rate or off-scale employees: a joint committee will be established to determine ways of rectifying the duration and the terms and conditions of the basis of pay for off-rate or off-scale employees and ensure that integration into the proper salary range is done from the top down and within a reasonable time frame (new provision).

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Note: The summary reflects the information available at the time of ratification.