Daughters of Charity - SEIU-UHW Healthcare Workers West

3. Alternative Arrangements: Upon mutual agreement the Union and the
Employers may agree to an alternative arrangement regarding reduction in force.
4. Time Frames Regarding Layoffs:
The Union and the Employers acknowledge their mutual intention to meet and
address issues involving reductions in force in an expeditious manner, and such
issues shall be resolved without undue delay. Accordingly:
a. In situations involving ten (10) or fewer employees, alternatives to
the layoffs shall be identified and implemented in thirty (30) days
or less; and
b. In situations involving more than ten (10) employees, alternatives
to the layoffs shall be identified and implemented in sixty (60)
days or less.
Should the Employers and Union fail to reach agreement on alternatives to the
reductions in force within the timelines set forth above, the matter shall be
submitted to a permanent Arbitrator within five (5) days of the expiration of the
timelines set forth in (1) and (2) above and the arbitrator shall issue a decision
within thirty (30) days thereafter. The Employers and the Union may mutually
agree to extend the timelines above. Should the arbitrator find that either party,
through action or inaction, has caused undue delay or otherwise failed to provide
relevant information, the arbitrator may extend the thirty (30) day time limit for
issuance of a decision by an additional fourteen (14) days. During the term of this
Agreement, the permanent arbitrator shall be Gerald McKay.
It is not the intent of this paragraph to circumvent any rights the parties may have
under Article 29: Committees or other provisions of the collective bargaining
agreement.
5. Transfer Rights: Bargaining unit employees who are subject to layoff
may submit a bid for an existing or potential vacancy under the job bidding
procedure set forth above. An employee who is subject to layoff and who is
interested in being oriented and/or trained for a vacant position covered by this
Agreement, may request to be provided orientation and/or training by the
Employers for a specific vacant position, provided the employee could qualify for
the position after a reasonable orientation/training period. Such bidding rights are
in addition to the employee’s recall rights as set forth below. An employee
transferring to a new classification or department under this section shall retain
those recall rights in the former classification which were earned up to the time of
transfer and can exercise such rights if a vacancy occurs in such classification in
the twenty-four (24) months following the layoff.
6. Benefits: An employee who has been indefinitely or permanently laid off
and who is covered by the Employers-sponsored Health Benefits will be covered
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