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Daughters of Charity - SEIU-UHW Healthcare Workers West

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3. Resolution <strong>of</strong> Staffing Issues<br />

In the event the Review committee is unable to reach agreement on a<br />

recommendation concerning a staffing issue, a mutually agreed upon third-party<br />

neutral may be brought to join the Review Committee. In the event the Review<br />

Committee remains unable to resolve the staffing issue, the third-party neutral<br />

shall decide the final resolution which will be implemented. In reaching<br />

resolution, the third-party neutral must take into account area standards regarding<br />

staffing, state and federal laws, physician recommendations regarding quality <strong>of</strong><br />

care, business needs and any other relevant information presented by the parties.<br />

In making a final decision on the issue presented by the Review Committee, based<br />

upon the information presented by the parties, the neutral third-party will be<br />

acting as a labor arbitrator, and the decision will be treated as final and binding by<br />

the parties. Either the Union or the Hospital may seek to vacate the decision<br />

pursuant to applicable state and federal law.<br />

4. Selection and Qualifications <strong>of</strong> Neutral Third Party<br />

Unless the parties agree otherwise, the third party neutral shall be selected by<br />

alternative striking (first strike determined by lot) from one <strong>of</strong> the following five<br />

persons:<br />

a. Tom Angelo<br />

b. Gerald Mackay<br />

c. Charles Askin<br />

d. Ken Silbert<br />

e. William Engler<br />

The parties shall equally share the fees <strong>of</strong> the third party neutral/arbitrator.<br />

5. Impact on Other Units<br />

Both parties agree that it is not their intent to make recommendations or<br />

resolutions that adversely impact any other bargaining unit.<br />

Additionally, if the Employer grants any other union similar rights to resolve<br />

staffing disputes, it will make every effort to include in such contract a provision<br />

that is not the intent <strong>of</strong> the parties to make recommendations or resolutions that<br />

adversely impact any other bargaining unit including the Union.<br />

The following applies to St. Francis only:<br />

A. Section 1 - Joint Labor-Management Committee (JLMC)<br />

119

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