= &nb= sp;

= &nb= sp; = New York State

&nbs= p; &= nbsp; PU= BLIC EMPLOYEES

&nbs= p; &= nbsp; FE= DERATION AFL-CIO

&nbs= p; &= nbsp; Division 320

&nbs= p; &= nbsp; P.= O. Box 6872

Syracuse, New York, 13217 = = &nb= sp; = = Tel: &= nbsp; 315 464 8926&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p;

&nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = Web:&= nbsp; &= nbsp; www.syrpef.org

To All PEF Nurses at SUNY Upstate.

When is Mandatory Ove= rtime not Mandatory Overtime?

Answer: <= span style=3D'font-size:14.0pt'>When you make a judgment call and volunteer to c= over staffing shortfalls.

If you as a nurse, fe= el that there is no alternative but to stay as there is no realistic solution being provided to relieve a staffing issue, then you are volunteering to sta= y and it is not classed as mandation.

In these instances, w= hen your conscience and nursing ethics tell you that you must stay for your patient = or co-workers, you will need to state that you will be leaving at the end of y= our shift. While as n= urses we feel we cannot leave our patient as it would be a case of abandonment. This is now not true, as the new l= aw specifies that Patient Abandonment cannot be applied against illegal mandat= ory overtime. If the Nurse Administration genuinely is unable to staff your floor/unit, then a nursing supervisor will tell you if you are mandated and it will be documented as p= er NYS Dept of Labor’s requirement.

It is the hospital= 217;s responsibility to adequately staff the hospital. A PSL, Charge Nurse or Clinical Manager has no authority to mandate a nurse. The nursing supervisor will comple= te documentation if mandation is required. This is needed to ensure tha= t SUNY Upstate is complying with the new requirements and can be monitored by the = NYS Dept of Labor.

Therefore, it is cruc= ial that all nurses understand that by volunteering to cover staffing shortfalls, th= en the need for extra staffing or other issues will not be seen as a priority = and addressed; as we are seen to be able to cope!

It should be noted; t= hat nothing in the new legislation will prevents nurses from working overtime, = if they wish to. The comments ab= ove are for the situations, when nurses feel obligated or pressured into stayin= g on the floor/unit, because they see no viable alternative.

If you believe that y= ou were mandated illegally, then you can submit a NYS Dept of Labor form and request them to investigate. Alternat= ively you can contact me and I am authorized to file the forms on behalf of any P= EF represented nurse (Grade 14, 16, 18 & 20).

This link is for a fi= llable PDF version of the complaint form. Please down= load , complete then print. = Mail or fax the completed complaint form to NYSDOL with a copy to the PEF Office= at Upstate 315 464 8927.

( http= ://www.labor.state.ny.us/formsdocs/wp/LS680%20fill-in.pdf )

Click here<= /a> to print out a copy of the complaint form in order to manually fill out at a l= ater time. Don’t forge= t to send a copy to the PEF Office at Upstate 315 464 8927.

( http://www.lab= or.state.ny.us/formsdocs/wp/LS680.pdf )

If you have any quest= ions, please contact me at the PEF office at Upstate on 464-8926 or Peter@syrpef.org .

Yours sincerely,=

Peter Banks RN CPAN

Divisional Council Le= ader &= nbsp; &nbs= p; &= nbsp; &nbs= p; July 29, 2009

	Page = 1= of 2