As a result, the following is the contract language and the MNU's interpretation of the situation from a contractual perspective.

ARTICLE 10- EMERGENCY, DISASTER, FIRE PLANS

(a) In any emergency or disaster, nurses are required to per­form duties as assigned notwithstanding any contrary provi­sion in this agreement.

For purposes of this article, emergencies will be those situations which directly affect the safety or well-being of patients in the site/Facility.

In the event of the declaration of an emergency, written confirmation of same will be given to the president of the local and President of the Worksite by the employer.

In the event of the issuance of a major health alert, such as a possible pandemic occurrence, it is understood that notification will also be provided to the Manitoba Nurses' Union.

Nurses are required to perform duties as assigned during any period declared as an emergency.

The notice to MNU of a major health alert such as a possible pandemic occurrence is in addition to notice to the local/worksite.  The notification to MNU is to ensure the best possible communication and co-ordination of any necessary responses to a major health alert. 

Written confirmation of the declaration of emergency may be delayed in extreme situations.   

(b) Compensation for unusual working conditions related to such emergency will be determined by later discussion between the employer and the union, and/or by means of the grievance procedure if necessary, except that the provi­sions of Article 16 shall apply to overtime hours worked.

(c) This clause is subject to the Labour Relations Act of Manitoba.

With the declaration of the emergencies within the city, the employers are relying on the language of the Mobility Memorandums of Understanding re Temporary Transfers of Employees article 5 B (iv) which states:                                                             

Where an insufficient number of qualified employees volunteer to be temporarily transferred, the facility(s) reserve the right to transfer employees, commencing with the most junior qualified employee at the sending facility.

If insufficient numbers of qualified nurses volunteer for temporary transfers,   the employer will have the right to temporarily transfer the nurses to fill the need for additional nurses,  commencing with the most junior qualified nurse(s). Orientation would be an important and necessary related issue here if reasonably possible. It is important to note that to date, sufficient numbers of nurses have volunteered to be transferred and no nurses have been forced to change facilities for temporary periods. This contract language only applies to the nine hospitals within the City of Winnipeg, and the programs controlled by the WRHA, (Homecare Public Health, etc). This does not apply in rural or northern MNU Agreements.

Also, the MNU has responded to the call to action for Northern Health Care and other RHA's workers by entering into a voluntary agreement with the WRHA with respect to nurses being able to voluntarily go to the north, both the northern RHA's and First Nations communities that are experiencing difficulty in H1N1 outbreaks.

The agreement basically ensures a nurse would receive their normal salary through salary continuance at their workplace, with a financial reconciliation done upon their return to ensure the nurse is compensated at the higher salary and expense levels. Should the nurses choose to participate in this situation, the actual release of the nurse will be the subject of the discretion of the employer and whether the release of that nurse would create further workload issues within the nurse's originating position.

It is anticipated at this time the memorandum shall be expanded to include all Regional Health Authorities to assist in dealing with the current health care crisis.

For more information on the health care facilities affected by a state of emergency click here.