Daughters of Charity - SEIU-UHW Healthcare Workers West
Daughters of Charity - SEIU-UHW Healthcare Workers West Daughters of Charity - SEIU-UHW Healthcare Workers West
Meetings of the Committee shall be no longer than four (4) hours and shall not be held more often than once every month except by mutual agreement. 4. Dispute Resolution The Union and the Employer acknowledge that unless mutually agreed neither shall use this committee for the purposes of collective bargaining. Disputes within the Joint Labor Management Committee shall not be subject to Article 30, Grievance and Arbitration provisions of this Agreement. However, this Paragraph shall not prevent an employee, the Union, or the Employer from subsequently pursuing an otherwise grievable issue through Article 30, Grievance and Arbitration. B. Health and Safety Issues 1. Compliance The Employer will continue to comply with applicable federal and California laws and regulations pertaining to occupational safety and health, including its obligation, under the general duty clause, to provide a safe environment for employees. 2. Reporting Health Hazards by Employee It is the duty of each employee to comply with all health and safety regulations of the Employer, and if any safety or health hazard is detected by an employee, the employee shall promptly report it to the Employer. An employee’s failure to comply with such health and safety regulations, or to promptly report a detected health or safety hazard, may result in disciplinary action. 3. Union Notification The Union shall promptly notify the Employer of any potential health and safety hazards, violations or problems of which it is aware. 4. Remedying Health/Safety Problems The Employer shall have a reasonable period of time to remedy any problems or situations brought to its attention by employees or the Union. If in the judgment of the employee or the Union, the Employer shall thereafter fail to remedy the situation, the employee or the Union shall be free to contact Cal-OSHA, or other state or federal authorities, for appropriate action. No adverse action shall be taken against any employee for reporting health and safety concerns to the Employer, to the Union, or to federal or state authorities. Disputes under this Section B shall not be subject to Article 30, Grievance and Arbitration procedure of this Agreement, and shall continue to be subject to the applicable administrative procedures established by federal and/or California law. However, 112
the issue of whether the Employer has met its obligation to meet with the Union under this section shall be arbitrable. The Union shall address Health and Safety Issues through the Joint Labor- Management Committee. 5. In-Service The Employer shall continue to provide in-service or other training and information to employees concerning health and safety. 6. Hepatitis B Vaccine Hepatitis B vaccine shall be made available free of charge and at a covered employee’s request, if the employee’s normal functions include exposure to blood, blood products, bodily fluids, or needlesticks or cuts by other sharps that may have patient blood, blood products, or bodily fluids on them. Such vaccine also will be provided to other employees, at their request if their normal functions do not include such exposure but the employee has an on-the-job needlestick or cut, as described. C. Patient Care Issues 1. Quality Patient Care The Employer and the Union agree that quality patient care and an appropriate working environment require adequate staffing and that staffing levels within all departments vary with census, acuity, shift, the specialization of various areas, changes in the specialization of the units, structural changes in delivery of patient services and qualitative changes in average acuity. D. Resolution of Staffing Issues 1. Review Committee If the Joint Labor Management Committee cannot reach agreement on a recommendation, the issue may be referred to a Review Committee of four (4) for consideration and recommendation. Two representatives shall be selected by SEIU and two by the Hospital. A majority of the Review Committee may invite resource persons to attend and participate in such Review Committee meetings. Such resource persons may review all relevant information before the Committee pertaining to the subject matter under consideration and offer advice to resolve differences between the parties. The Review Committee may adopt recommendations by a majority vote of all four members of the Committee. 2. Recommendation Implementation Process 113
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Meetings <strong>of</strong> the Committee shall be no longer than four (4) hours and shall not be<br />
held more <strong>of</strong>ten than once every month except by mutual agreement.<br />
4. Dispute Resolution<br />
The Union and the Employer acknowledge that unless mutually agreed neither<br />
shall use this committee for the purposes <strong>of</strong> collective bargaining. Disputes within<br />
the Joint Labor Management Committee shall not be subject to Article 30,<br />
Grievance and Arbitration provisions <strong>of</strong> this Agreement. However, this Paragraph<br />
shall not prevent an employee, the Union, or the Employer from subsequently<br />
pursuing an otherwise grievable issue through Article 30, Grievance and<br />
Arbitration.<br />
B. Health and Safety Issues<br />
1. Compliance<br />
The Employer will continue to comply with applicable federal and California<br />
laws and regulations pertaining to occupational safety and health, including its<br />
obligation, under the general duty clause, to provide a safe environment for<br />
employees.<br />
2. Reporting Health Hazards by Employee<br />
It is the duty <strong>of</strong> each employee to comply with all health and safety regulations <strong>of</strong><br />
the Employer, and if any safety or health hazard is detected by an employee, the<br />
employee shall promptly report it to the Employer. An employee’s failure to<br />
comply with such health and safety regulations, or to promptly report a detected<br />
health or safety hazard, may result in disciplinary action.<br />
3. Union Notification<br />
The Union shall promptly notify the Employer <strong>of</strong> any potential health and safety<br />
hazards, violations or problems <strong>of</strong> which it is aware.<br />
4. Remedying Health/Safety Problems<br />
The Employer shall have a reasonable period <strong>of</strong> time to remedy any problems or<br />
situations brought to its attention by employees or the Union. If in the judgment<br />
<strong>of</strong> the employee or the Union, the Employer shall thereafter fail to remedy the<br />
situation, the employee or the Union shall be free to contact Cal-OSHA, or other<br />
state or federal authorities, for appropriate action. No adverse action shall be<br />
taken against any employee for reporting health and safety concerns to the<br />
Employer, to the Union, or to federal or state authorities. Disputes under this<br />
Section B shall not be subject to Article 30, Grievance and Arbitration procedure<br />
<strong>of</strong> this Agreement, and shall continue to be subject to the applicable<br />
administrative procedures established by federal and/or California law. However,<br />
112
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