Eden Medical Center - Seiu-uhw
Eden Medical Center - Seiu-uhw
Eden Medical Center - Seiu-uhw
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United Healthcare<br />
Workers - West<br />
Service Employees International Union<br />
CTW, CLC<br />
560 Thomas L. Berkley Way<br />
Oakland, CA 94612<br />
510-251-1520 * 800-585-4250<br />
www.seiu-<strong>uhw</strong>.org<br />
Quality Healthcare for All<br />
Collective Bargaining Agreement with<br />
<strong>Eden</strong> <strong>Medical</strong> <strong>Center</strong><br />
December 20, 2009 - December 19, 2012
WEINGARTEN RULES/STATEMENT<br />
“I request to have a Union Representative present on my behalf<br />
during the meeting because I believe it may lead to disciplinary<br />
action being taken against me. If I am denied my right to have a<br />
Union Representative present, I will refuse to answer accusatory<br />
questions and any I believe may lead to discipline.”<br />
RULE 1: The employee must make a clear request for Union<br />
representation before or during the interview. The employee<br />
cannot be punished for making this request.<br />
RULE 2: After the employee makes the request, the employer<br />
must choose from among three options:<br />
- Grant the request and delay questioning until Union<br />
representation arrives and has a chance to consult privately with<br />
the employee<br />
- Deny the request and end the interview immediately<br />
- Give the employee a choice of having the interview without<br />
representation or ending the interview.<br />
RULE 3: If the employer denies the request for Union<br />
representation and continues to ask questions, the employer<br />
commits an unfair labor practice and the employee has the right to<br />
refuse to answer. The employer may not discipline the employee<br />
for such refusal.
Standing Strong<br />
and<br />
Winning<br />
Our<br />
Contract
Foreword<br />
Dear SEIU United Healthcare Workers - West Member,<br />
This Agreement is the result of many long, hard hours of collective bargaining<br />
between your employer and negotiating committee members from your facility.<br />
Our success at the bargaining table is directly related to the degree of strength,<br />
commitment, and unity achieved among our members. Our rights, our benefits,<br />
and our working conditions must never be taken for granted; we have had to<br />
fight for everything that we have achieved. We must work to ensure that this<br />
contract is enforced each and every day!<br />
Union members should feel free to contact their shop steward at any time<br />
concerning any matter within the scope of this contract or any other work-related<br />
problems. Stewards are the key to building a strong, democratic labor union.<br />
They are the “Union on the Job.”<br />
In addition, the Union's professional staff is available to help meet the needs of<br />
our members and stewards in addressing work-site problems and concerns.<br />
Working in health care is a very difficult and demanding job. The quality of care<br />
that you provide, as well as your concern and dedication to your patients, make<br />
you very special people. Your Union, United Healthcare Workers - West, is one<br />
of the largest healthcare unions in the United States and the largest healthcare<br />
union in California with over 150,000 members.<br />
Union staff can be contacted at the office of United Health Care Workers - West<br />
listed on the cover of this contract. UHW West headquarters is located at 560<br />
Thomas L. Berkley Way (formerly 20 th Street), Oakland, California, 94612. The<br />
telephone numbers are (510) 251-1250 or (800) 585-4250.<br />
In Unity,<br />
Dave Regan<br />
Trustee<br />
Eliseo Medina<br />
Trustee
TABLE OF CONTENTS<br />
WITNESSETH: .....................................................................................................1<br />
PREAMBLE .....................................................................................................1<br />
SECTION 1. AGREED OBJECTIVES..................................................1<br />
SECTION 2. RECOGNITION.................................................................1<br />
SECTION 3. NOTICE OF VACANCIES...........................................2<br />
SECTION 4. HIRING AND PROBATIONARY PERIOD........2<br />
SECTION 5. NO DISCRIMINATION ................................................3<br />
SECTION 6. UNION MEMBERSHIP/AGENCY SHOP..........3<br />
SECTION 7. UNION LEAVE .................................................................5<br />
SECTION 8. UNION DUES AND COPE DEDUCTIONS ......6<br />
SECTION 9. ORGANIZING AND ELECTION<br />
PROCEDURES ...................................................................6<br />
SECTION 10. DISCIPLINE AND DISCHARGE.......................... 17<br />
SECTION 11. WAGES................................................................................ 19<br />
SECTION 12. BILINGUAL SERVICES ............................................. 24<br />
SECTION 13. HOURS OF WORK ....................................................... 24<br />
SECTION 14. MINIMUM HOURS ..................................................... 28<br />
SECTION 15. SUBCONTRACTING................................................... 28<br />
SECTION 16. REPLACEMENT OF CALL-OFFS ........................ 29<br />
SECTION 17. MANDATORY OVERTIME..................................... 29<br />
SECTION 18. MEALS AND UNIFORMS........................................ 29<br />
SECTION 19. REGULAR PART-TIME, SHORT-HOUR AND<br />
PER DIEM EMPLOYEES ........................................... 30<br />
SECTION 20. PAID TIME OFF (PTO)............................................... 34<br />
SECTION 21. EXTENDED SICK LEAVE (ESL) ........................... 37<br />
SECTION 22. BEREAVEMENT LEAVE .......................................... 38<br />
SECTION 23. JURY DUTY ...................................................................... 39<br />
SECTION 24. HOLIDAYS........................................................................ 39<br />
SECTION 25. FORTY YEAR ANNIVERSARY BONUS .......... 40<br />
SECTION 26. LEAVES OF ABSENCE .............................................. 40<br />
SECTION 27. HEALTH PROGRAM.................................................. 42<br />
SECTION 28. GROUP INSURANCE................................................. 44<br />
SECTION 29. DISABILITY INSURANCE....................................... 44<br />
SECTION 30. UNEMPLOYMENT COMPENSATION AND<br />
DISABILITY ...................................................................... 44<br />
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SECTION 31. RETIREMENT.................................................................. 45<br />
SECTION 32. SENIORITY ....................................................................... 47<br />
SECTION 33. POSTING OF POSITIONS, TRANSFER, AND<br />
CROSS TRAINING ....................................................... 54<br />
SECTION 34. NURSING ACUITY COMMITTEE ...................... 57<br />
SECTION 35. HEALTH AND SAFETY............................................ 57<br />
SECTION 36. ENVIRONMENT OF CARE SAFETY<br />
COMMITTEE ................................................................... 57<br />
SECTION 37. STAFFING COMMITTEE.......................................... 58<br />
SECTION 38. VACCINE........................................................................... 62<br />
SECTION 39. EDUCATIONAL LEAVE .......................................... 62<br />
SECTION 40. IN-SERVICE PROGRAMS ........................................ 63<br />
SECTION 41. STUDENTS AND TRAINEES................................. 64<br />
SECTION 42. BULLETIN BOARD...................................................... 64<br />
SECTION 43. SEVERANCE PAY ........................................................ 64<br />
SECTION 44. MERGER, SALE OR CLOSURE............................. 65<br />
SECTION 45. UNION REPRESENTATIVE ................................... 66<br />
SECTION 46. GRIEVANCE PROCEDURE AND<br />
ARBITRATION ............................................................... 68<br />
SECTION 47. WORK REDESIGN ....................................................... 69<br />
SECTION 48. CAREER OPPORTUNITIES..................................... 70<br />
SECTION 49. STANDARDS PRESERVED ..................................... 72<br />
SECTION 50. NO STRIKE OR LOCKOUT ..................................... 72<br />
SECTION 51. TERM OF AGREEMENT........................................... 73<br />
APPENDIX A: WAGE SCALES:<br />
Clerical Unit 12/20/09 thru 12/19/10 ..................... 77<br />
APPENDIX B: WAGE SCALES:<br />
Clerical Unit 12/20/10 thru 12/19/11 ..................... 79<br />
APPENDIX C: WAGE SCALES:<br />
Clerical Unit 12/20/11 thru 12/19/12 ..................... 81<br />
APPENDIX D: WAGE SCALES:<br />
Service and Technical Unit<br />
12/20/09 thru 12/19/10 ...................................... 83<br />
APPENDIX E: WAGE SCALES:<br />
Service and Technical Unit<br />
12/20/10 thru 12/19/11 ...................................... 84<br />
APPENDIX F: WAGE SCALES:<br />
ii
Service and Technical Unit<br />
12/20/11 thru 12/19/12 ...................................... 85<br />
APPENDIX G: WAGE SCALES:<br />
LVNs ................................................................................... 86<br />
APPENDIX H: Resolution of EVS Issues...................................................... 87<br />
APPENDIX I: Mail Clerk (Trainee).............................................................. 88<br />
APPENDIX J: LVN Positions........................................................................ 89<br />
APPENDIX K:<br />
Implementation of Health Information Management<br />
(<strong>Medical</strong> Records) Electronic <strong>Medical</strong> Records ................ 90<br />
APPENDIX L: LAYOFF - LAUREL GROVE ........................................... 91<br />
APPENDIX M: LAUREL GROVE CLOSURE ......................................... 93<br />
iii
THIS AGREEMENT is made and entered into this 20 h day of December,<br />
2009, by and between EDEN MEDICAL CENTER, hereinafter called the<br />
“Employer", and the United Healthcare Workers-West, SEIU, hereinafter<br />
called "the Union".<br />
WITNESSETH:<br />
PREAMBLE<br />
0.1 Both parties recognize that it is to their mutual advantage and for the<br />
protection of the patients to have efficient and uninterrupted<br />
operation of the <strong>Medical</strong> <strong>Center</strong>. This Agreement is for the purpose of<br />
establishing such harmonious and constructive relationships between<br />
the parties that such results will be possible.<br />
0.2 It is mutually agreed that it is the duty and right of the chief<br />
executive officer to manage the <strong>Medical</strong> <strong>Center</strong> and to direct the<br />
working forces. This includes the right to hire, transfer, promote,<br />
reclassify, lay-off and discharge employees, subject only to the<br />
conditions herein set forth.<br />
SECTION 1.<br />
AGREED OBJECTIVES<br />
1.1 The Union agrees with the objectives of achieving the highest level of<br />
employee performance and production consistent with safety, good<br />
health and sustained effort, and the Union and the <strong>Medical</strong> <strong>Center</strong><br />
will use their best efforts to effectuate this objective.<br />
1.2 The <strong>Medical</strong> <strong>Center</strong> and the Union agree that all employees and<br />
managers and their representatives will treat each other, regardless of<br />
position or profession, with dignity, respect, courtesy and trust. The<br />
foregoing principles shall also apply in providing service to patients<br />
and visitors.<br />
SECTION 2.<br />
RECOGNITION<br />
2.1 The <strong>Medical</strong> <strong>Center</strong> recognizes the Union as exclusive bargaining<br />
1
agent for employees covered by this Agreement whose classifications<br />
are listed in Appendices A-G. This single agreement covers both the<br />
Service & Technical unit, and the Clerical unit. However each<br />
bargaining unit (Clerical and Service Technical) shall remain<br />
separate. Excluded from the bargaining unit are stationary engineers,<br />
professional employees, guards and supervisors, and such other<br />
classifications as may have been historically excluded from the unit.<br />
SECTION 3.<br />
NOTICE OF VACANCIES<br />
3.1 The Union shall be notified of vacancies in departments under its<br />
jurisdiction for the purpose of referring Union applicants to the<br />
Employer who may or may not be members of the Union.<br />
3.2 When on-call positions are available, an announcement will be placed<br />
on the personnel services' bulletin board until the positions are filled.<br />
3.3 Details of postings are available by accessing position by requisition<br />
number in the edenmedcenter.org website under “Careers”. All<br />
bargaining unit positions shall be posted in a conspicuous area in the<br />
hospital for a minimum of five (5) days prior to filling.<br />
SECTION 4.<br />
HIRING AND PROBATIONARY<br />
PERIOD<br />
4.1 The <strong>Medical</strong> <strong>Center</strong> may hire employees from any source. Any<br />
person may be employed who, in the judgment of the <strong>Medical</strong><br />
<strong>Center</strong>, will make the best employee, and the <strong>Medical</strong> <strong>Center</strong> shall be<br />
sole judge of the fitness of any applicant for the job.<br />
4.2 A probationary period shall be established for new employees as<br />
follows:<br />
Ninety (90) days from date of first hiring for regular employees.<br />
Two hundred and sixty (260) hours of work from date of first hiring<br />
or ninety (90) calendar days from date of first hiring, whichever<br />
occurs later, for short hour and Per Diem employees.<br />
During such probationary period, the employee may be discharged<br />
2
for any reason which, in the opinion of the <strong>Medical</strong> <strong>Center</strong>, is just and<br />
sufficient, and, except where it is alleged that the <strong>Medical</strong> <strong>Center</strong> has<br />
violated the provisions of Section 5, No Discrimination, there shall be<br />
no recourse to the provisions of Section 46, Grievance Procedure and<br />
Arbitration.<br />
SECTION 5.<br />
NO DISCRIMINATION<br />
5.1 Neither the Union nor the <strong>Medical</strong> <strong>Center</strong> shall discriminate with<br />
respect to employment by reason of Union activity, race, color, creed<br />
or national origin, nor to the extent required of the <strong>Medical</strong> <strong>Center</strong> by<br />
state or federal law, by reason of sex, age, sexual orientation, or on<br />
the basis of disability.<br />
SECTION 6.<br />
UNION MEMBERSHIP/AGENCY<br />
SHOP<br />
6.1 During the term of this Agreement, employees shall be required, as a<br />
condition of employment, to do one of the following:<br />
1) Employees who are members of the Union on the effective date<br />
of this Agreement shall maintain such membership in good<br />
standing.<br />
2) New employees hired subsequently shall, not later than the<br />
thirty-first (31st) day following the commencement of their<br />
employment, become and remain members of the Union in<br />
good standing. (Membership in good standing is defined to<br />
mean the tender of periodic dues and initiation fees uniformly<br />
required by the Union as a condition of acquiring or retaining<br />
membership).<br />
3) As an alternative to (1) or (2) above, an employee may elect not<br />
to become a member of the Union, in which case the employee<br />
shall pay the Union a service fee in an amount equal to the<br />
standard initiation fee, periodic dues, and general assessments<br />
of such organization. However, any employee who is a member<br />
of a bona fide religion, body, or sect which has historically held<br />
3
conscientious objections to joining or financially supporting<br />
public employee organizations shall not be required to join or<br />
financially support the Union as a condition of employment.<br />
Such employee may be required, in lieu of periodic dues,<br />
initiation fees, or agency shop fees to pay sums equal to such<br />
dues, initiation fees, or agency shop fees, to a nonreligious, nonlabor<br />
charitable fund exempt from taxation under Section<br />
501(c)(3) of the Internal Revenue Code, chosen by such<br />
employee from a list of at least three (3) such funds, designated<br />
in a memorandum of understanding between the <strong>Medical</strong><br />
<strong>Center</strong> and the Union, or if the memorandum of understanding<br />
fails to designate such funds, then to any such fund chosen by<br />
the employee. Proof of such payments shall be made on a<br />
monthly basis to the <strong>Medical</strong> <strong>Center</strong> as a condition of continued<br />
exemption from the requirement of financial support to the<br />
Union.<br />
6.2 The <strong>Medical</strong> <strong>Center</strong> shall continue to advise the Union, on a monthly<br />
basis, of the names of employees who have been terminated, and on a<br />
quarterly basis, of the names of new regular full-time, regular parttime,<br />
short hour and Per Diem (formerly “On-Call”) employees who<br />
have completed the probationary period.<br />
6.3 The function of shop stewards in distributing Union informational<br />
packets to new employees is recognized, provided however that such<br />
function does not interfere with the work of the employees or<br />
stewards.<br />
6.4 The <strong>Medical</strong> <strong>Center</strong> will provide the Union with one (1) hour of new<br />
employee orientation time on the <strong>Medical</strong> <strong>Center</strong> premises under the<br />
following conditions:<br />
1) The Union orientation shall reflect the highest professional<br />
standard.<br />
2) The Union orientation is for new employees in the Union<br />
bargaining unit and is entirely voluntary on the part of the new<br />
employees invited to attend.<br />
4
3) The Union orientation will be listed on the new employee<br />
orientation agenda whenever new Union bargaining unit<br />
employees are among the new employees in the <strong>Medical</strong><br />
<strong>Center</strong>'s new employee orientation.<br />
4) Unless otherwise agreed upon by the <strong>Medical</strong> <strong>Center</strong> and the<br />
Union, orientation will take place on the same day and in the<br />
same room or adjacent room as the <strong>Medical</strong> <strong>Center</strong>'s new<br />
employee orientation.<br />
5) Unless otherwise agreed upon by the <strong>Medical</strong> <strong>Center</strong> and the<br />
Union, orientation will commence no later than 4:00 P.M.<br />
6) A copy of the Union orientation materials must be provided to<br />
the <strong>Medical</strong> <strong>Center</strong>.<br />
7) The <strong>Medical</strong> <strong>Center</strong> will provide prior notice to the Union of<br />
the dates of the <strong>Medical</strong> <strong>Center</strong>'s new employee orientation.<br />
SECTION 7.<br />
UNION LEAVE<br />
7.1 The <strong>Medical</strong> <strong>Center</strong> will provide up to two Union members at a time<br />
up to one year of leave from work to perform work for the Union. For<br />
leaves of three months or less, the employee shall have the right to<br />
return to the same position he/she occupied prior to the leave. For<br />
leaves of more than three months, the employee may use seniority to<br />
bid on any vacancy, or if there is no suitable vacancy, may return to<br />
work on-call until a suitable position becomes available.<br />
Patient care needs permitting, upon a minimum of four (4) weeks<br />
notice from the Union, up to two (2) employees at a time will be<br />
granted an unpaid leave of two (2) weeks from work for the purposes<br />
of engaging in Union business, including but not limited to Union<br />
Conventions, meetings, conferences and other activities. The Union<br />
will attempt to give longer notice whenever possible. The employee<br />
shall not suffer any loss of seniority or other benefits as a result of<br />
such leave.<br />
5
SECTION 8.<br />
UNION DUES AND COPE<br />
DEDUCTIONS<br />
8.1 During the term of this Agreement, the <strong>Medical</strong> <strong>Center</strong> will honor<br />
written assignments of wages to the Union for payment of Union<br />
membership fees and dues, or service fees, provided such<br />
assignments are voluntarily entered into by employees.<br />
8.2 The <strong>Medical</strong> <strong>Center</strong> will promptly remit the monies deducted<br />
pursuant to such assignments, with a written statement of the names<br />
of employees for whom deductions were made. Notwithstanding the<br />
foregoing, the Union authorizes the Hospital to withhold five percent<br />
(5%) of said monies deducted in accordance with such assignments<br />
as part payment for the administrative and payroll cost incurred by<br />
the Hospital in processing such assignments.<br />
8.3 Normally the deduction of such assigned wages will be made on the<br />
first pay period of each month for the then current Union<br />
membership fees or service fees. However, the Union and the<br />
<strong>Medical</strong> <strong>Center</strong> may make other arrangements by mutual consent.<br />
8.4 The <strong>Medical</strong> <strong>Center</strong> will honor written assignment of wages to the<br />
Union's Committee on Political Education (COPE) fund, when such<br />
assignments are submitted on the form agreed to by the <strong>Medical</strong><br />
<strong>Center</strong> and the Union, and will remit such contributions to the Union<br />
at the same time as monthly membership fees.<br />
8.5 The Union will hold harmless the <strong>Medical</strong> <strong>Center</strong> against any claim<br />
or obligation which may be made by any person by reason of the<br />
deduction of Union membership fees, service fees or contributions to<br />
the Union's Committee on Political Education, including the cost of<br />
defending against any such claim or obligation. The Union will have<br />
no monetary claim against the <strong>Medical</strong> <strong>Center</strong> by reason of failure to<br />
perform under this Section.<br />
SECTION 9.<br />
ORGANIZING AND ELECTION<br />
PROCEDURES<br />
9.1 Principles. The Union and the <strong>Medical</strong> <strong>Center</strong> hereby agree to the<br />
6
following principles:<br />
1) Workers have the right to choose for themselves whether or not<br />
to be represented by a labor organization, as provided by the<br />
National Labor Relations Act.<br />
2) Employees, the Union and the <strong>Medical</strong> <strong>Center</strong> have a right to<br />
free speech, as guaranteed by the First Amendment to the<br />
United States Constitution, the California Constitution, and the<br />
National Labor Relations Act.<br />
3) Employees have a right to be fully informed when making such<br />
an important decision as whether to be represented by a labor<br />
organization.<br />
4) Employees have a right to make their choice regarding union<br />
representation in an environment free from coercion,<br />
intimidation, promises, and threats.<br />
9.2 As a result, the <strong>Medical</strong> <strong>Center</strong> and the Union agree that employees<br />
of the <strong>Medical</strong> <strong>Center</strong> presently not represented by a labor union may<br />
become represented through the following procedures. The parties<br />
agree that this article shall not apply to the San Leandro campus.<br />
9.3 NLRB Procedures. The parties shall comply with the National Labor<br />
Relations Board's organizing and election rules and procedures,<br />
except as modified herein.<br />
9.4 Appropriate Bargaining Unit. The parties agree that an appropriate<br />
bargaining unit is that which is defined by the NLRB for acute care<br />
<strong>Medical</strong> <strong>Center</strong>s, or other appropriate unit. Appropriate units are the<br />
following where applicable:<br />
1) Service<br />
2) Technical<br />
3) Professional<br />
4) Business Office Clerical<br />
7
5) Skilled Maintenance<br />
6) Residual Service<br />
7) Residual Technical<br />
9.5 Notification of Intent to Organize<br />
1) The Union shall promptly notify within twenty-four (24) hours the<br />
<strong>Medical</strong> <strong>Center</strong> of its intent to organize a group of employees and<br />
identify an appropriate unit, as defined above.<br />
2) Within seven (7) days of the Union's notification to the <strong>Medical</strong><br />
<strong>Center</strong> of its intent to organize an appropriate unit, the <strong>Medical</strong><br />
<strong>Center</strong> will distribute a jointly signed reproduction of this<br />
Organizing and Election Procedures Agreement to the employees<br />
included within the appropriate bargaining unit identified by the<br />
Union. The jointly signed reproduction of this Organizing and<br />
Election Procedures Agreement shall be introduced by the<br />
following jointly signed cover letter:<br />
Dear <strong>Eden</strong> <strong>Medical</strong> <strong>Center</strong> Employee:<br />
<strong>Eden</strong> <strong>Medical</strong> <strong>Center</strong> and the Service Employees International<br />
Union have agreed to the attached framework for conducting a<br />
union representation election. This framework serves as an<br />
enforceable set of rules that will allow employees to make a<br />
choice through a secret ballot election about unionization in an<br />
atmosphere free from coercion and intimidation and one in<br />
which employees can choose for themselves whether they wish<br />
to be represented by a union.<br />
All employees have the right to participate or not participate in<br />
union activities. Employee actions in support of or opposed to<br />
union organizing will be governed uniformly to the <strong>Medical</strong><br />
<strong>Center</strong>'s policies. Employees have the right to wear prescreened<br />
buttons and lanyards that indicate support or nonsupport<br />
of the Union. Employees also have the right to<br />
distribute literature concerning support or nonsupport for<br />
8
9.6 NLRB Election<br />
union organization in non-patient care areas such as break<br />
rooms, cafeterias, parking lots, smoking areas and other areas<br />
outside the <strong>Medical</strong> <strong>Center</strong>, so long as distribution does not<br />
disrupt the delivery of patient care. Employees may talk about<br />
the Union and work site issues including wage rates,<br />
disciplinary system company policies and rules and working<br />
conditions under the same terms applicable to any other<br />
employee conversations.<br />
1) When employees in an NLRB defined bargaining unit have<br />
petitioned or signed cards for an election the parties shall agree<br />
to a consent election to be conducted by the NLRB in thirty-five<br />
(35) calendar days following the submission of the petition<br />
provided that there is a percentage of union authorization cards<br />
required by the NLRB from employees in an appropriate unit.<br />
The <strong>Medical</strong> <strong>Center</strong> and the Union shall mutually agree to the<br />
election date(s) and time(s). The parties will make a good faith<br />
effort to resolve differences regarding date(s) and time(s) of the<br />
election, but if an agreement cannot be reached the Arbitrator<br />
shall be empowered to decide any disputes over the date(s) or<br />
time(s) of the election.<br />
2) The NLRB will conduct the election and count the ballots. Any<br />
challenged ballots, challenges or objections to the election must<br />
be filed pursuant to paragraph 9.6.6 of this Agreement, and all<br />
parties acknowledge and submit to the arbitrator's exclusive<br />
authority to rule on such objections and any determinative<br />
challenges and the parties waive their rights to have the NLRB<br />
resolve any objections or determinative challenges. The parties<br />
will take all necessary steps to effectuate the arbitration process<br />
and the arbitrator's decision regarding objections and/or<br />
determinative challenges.<br />
3) Eligibility. All employees who are employed on a full-time,<br />
regular part-time, short-hour, or Per Diem (formerly “On-Call”)<br />
basis in the petitioned for unit, who are on the active payroll as<br />
of the date immediately preceding the date of filing of the<br />
9
consent agreement and who are still on the payroll at the time<br />
of the voting shall be eligible to vote in the election, except<br />
managers, supervisors, confidential employees and guards. Per<br />
Diems shall be deemed eligible to vote provided that they have<br />
worked an average of four (4) hours per week in the thirteen<br />
(13) week period (that is, 52 or more hours), ending with the<br />
last complete pay period, preceding the Union's filing for<br />
election.<br />
4) Voting. Employees shall vote on non-work time, but may vote<br />
while on break or during their meal periods. Neither the Union<br />
nor the <strong>Medical</strong> <strong>Center</strong> shall provide any financial inducements<br />
to vote. The voting shall take place at an appropriate<br />
location(s), determined by mutual agreement, or by the<br />
Arbitrator if the parties cannot agree. The parties shall each be<br />
entitled to an equal number of observers at the election site(s).<br />
The observers must be non-supervisory employees.<br />
5) Ballot Counting. The NLRB shall count the ballots immediately<br />
following the conclusion of the voting. Both parties, including<br />
interested off-duty employees, may attend the counting of the<br />
ballots. Upon NLRB certification of the election results, the<br />
<strong>Medical</strong> <strong>Center</strong> agrees to recognize the Union as the collective<br />
bargaining agent on behalf of the employees in an appropriate<br />
unit where the majority of employees voting, have voted for<br />
union representation.<br />
6) Resolution of Challenged Ballots. If challenged ballots are<br />
potentially determinative of the results of any election, the<br />
Arbitrator shall resolve challenges to the eligibility of voters.<br />
The Arbitrator shall have discretion to establish procedures for<br />
the resolution of such challenges, which may include<br />
submission of evidence by the Parties. Upon request of either<br />
party, the Arbitrator will hold a hearing, including submission<br />
of evidence. In all cases, however, the Arbitrator shall resolve<br />
challenges within fourteen (14) days of the election. The<br />
Arbitrator's determination under this Agreement shall be<br />
binding on both parties. The parties shall jointly share the cost<br />
10
of the Arbitrator.<br />
7) Resolution of Election Objections. If a party wished to file<br />
objections to the election based on allegation of violation of the<br />
Agreement, either party must file such objections in writing<br />
with the Arbitrator within three (3) business days of the<br />
elections as well as filing objections with the NLRB pursuant to<br />
NLRB timelines and procedure. Pursuant to paragraph 9.6.6<br />
and 9.6.2, the Arbitrator shall resolve these objections within<br />
fourteen (14) days of his/her receipt of them. In the case of<br />
filing such objections, both parties will request that the NLRB<br />
hold the objections in abeyance pending the decision of the<br />
Arbitrator and take any additional steps necessary to effectuate<br />
the Arbitration process and the Arbitrator's decision.<br />
8) Hiatus After Election. If employees choose not to be<br />
represented by the Union through an election, the Union may<br />
re-institute this process for that bargaining unit after a one-year<br />
waiting period, unless otherwise ordered by the Arbitrator. The<br />
Union further agrees that no more than two (2) election dates<br />
per year may be held under this Agreement, such years to be<br />
calculated from the ratification date of the collective bargaining<br />
agreement and subsequent anniversary dates.<br />
9.7 Employee List. Within five (5) working days after the Union has<br />
notified the Employer of its intent to organize, the <strong>Medical</strong> <strong>Center</strong><br />
will provide to the' Union an initial list of employees that contains<br />
the employee's name, job title/department and job classification as<br />
provided by the employee. The list shall be provided in both hard<br />
copy and electronic format. (A working day is defined for this<br />
purpose as Monday through Friday.) Upon the filing of the consent<br />
agreement, the <strong>Medical</strong> <strong>Center</strong> shall provide the Union with a voter<br />
eligibility list. The voter eligibility list shall include the employee's<br />
name, job title/department, job classification and home address as<br />
provided by the employee. The list shall be provided in both hard<br />
copy and electronic format. Upon filing of the consent election, the<br />
parties shall immediately attempt to resolve any disagreement over<br />
the job classifications or individuals that should be included on the<br />
11
voter eligibility list or excluded from such list. Any other remaining<br />
disputes shall be submitted to the Arbitrator prior to the election. If<br />
the Arbitrator is unable to reach a decision prior to the election, any<br />
other remaining dispute regarding voter eligibility shall be resolved<br />
by voting, subject to challenged ballot.<br />
9.8 Code of Conduct<br />
1) The parties agree that the question of whether employees<br />
should be represented by a union is one which the employees<br />
should answer for themselves.<br />
2) Content of Communications<br />
a) Neither the <strong>Medical</strong> <strong>Center</strong> nor the Union shall act in an<br />
intimidating, threatening, or coercive manner. The parties<br />
agree to convey their views about unionization in a<br />
factual, non-coercive and non-intimidating manner,<br />
wherever and however that information is conveyed.<br />
Neither the Union nor the <strong>Medical</strong> <strong>Center</strong> will mislead<br />
employees.<br />
b) The Union and the <strong>Medical</strong> <strong>Center</strong> shall campaign in a<br />
positive and non-disruptive manner, including but not<br />
limited to disrupting patient care or the work day of the<br />
employees. The <strong>Medical</strong> <strong>Center</strong> will not hold mandatory<br />
employee meetings to discuss unionization. The parties<br />
agree not to make personal attacks on <strong>Medical</strong> <strong>Center</strong><br />
leaders or union officials.<br />
c) The <strong>Medical</strong> <strong>Center</strong> and the Union agree that they and<br />
their representatives will not make statements, written or<br />
verbal, that misstate the facts.<br />
d) Both the <strong>Medical</strong> <strong>Center</strong> and the Union shall convey their<br />
views about unionization in statements or<br />
communications that are factually verifiable or that draw<br />
directly from statements made by the other party,<br />
consistent with this Agreement.<br />
e) For the purposes of this paragraph 9.8 the parties agree<br />
12
that the employees in the bargaining unit voting under<br />
this Agreement shall not be considered agents of either<br />
party absent proof of agency in connection to the specific<br />
conduct at issue.<br />
f) The Employer will not inform or imply to eligible voters<br />
that they will lose benefits, wages, or be subject to less<br />
favorable working conditions by unionizing.<br />
3) Use of Consultants. The <strong>Medical</strong> <strong>Center</strong> will not use<br />
management consulting firm personnel during Union<br />
organizing campaigns to interact directly with members of the<br />
potential bargaining unit to influence an employee's vote. As<br />
provided by law, the <strong>Medical</strong> <strong>Center</strong> shall not provide<br />
assistance to any individual or group who may wish to pursue<br />
an anti-union campaign. Any use of consultants shall not<br />
conflict with the terms of the Agreement.<br />
4) Meetings Between Supervisors and Employees. The <strong>Medical</strong><br />
<strong>Center</strong>'s supervisors shall not initiate one-on-one meetings with<br />
employees regarding unionization. This shall not preclude a<br />
supervisor from responding to an employee's questions about<br />
unionization, provided such response is consistent with the<br />
terms of this agreement. While this Code of Conduct governs<br />
communication regarding unionization, it does not restrict<br />
other communication between supervisors and employees.<br />
5) No Mandatory Meetings. As provided above, the <strong>Medical</strong><br />
<strong>Center</strong> will not hold mandatory employee meetings regarding<br />
unionization. At mandatory employee meetings that do occur,<br />
however, the <strong>Medical</strong> <strong>Center</strong> may announce the time, date and<br />
place of elections. Other questions regarding unionization will<br />
be referred to a returning meeting.<br />
6) Status Quo Obligations. After the Union has filed its NLRB<br />
petition, the <strong>Medical</strong> <strong>Center</strong> will maintain the status quo in<br />
working conditions as provided by law and will only make<br />
verifiable, prescheduled changes.<br />
13
7) Pre-Screening of Written Communications. The Union and the<br />
<strong>Medical</strong> <strong>Center</strong> shall pre-screen with each other all written<br />
literature distributed or posted regarding unionization.<br />
Accordingly, before either party uses any new piece of<br />
literature, it must first be submitted to the parties' designated<br />
representative for review. If the representatives are unable to<br />
resolve their differences, either party may fax the matter to the<br />
Arbitrator before the end of the second business day for the<br />
Arbitrator's review and immediate response. During the prescreening<br />
of written communications, the Arbitrator's<br />
determination shall be limited to whether the statements in the<br />
communication are factual and consistent with the Code of<br />
Conduct. This process is intended to be completed within 48<br />
hours from beginning to end. No level of the process may delay<br />
its movement to the next level. Until the dispute is resolved,<br />
contested literature shall not be distributed in any manner.<br />
8) Objections to Communications. If the <strong>Medical</strong> <strong>Center</strong> or the<br />
union believes a factual error has been orally conveyed by the<br />
other party, either party may post or distribute a written<br />
correction of the factual error in the memo or letter format<br />
referred to above. Such a correction shall be prescreened in the<br />
matter set forth above and shall be prescreened under the<br />
protocol set forth above.<br />
9) <strong>Eden</strong> <strong>Medical</strong> <strong>Center</strong> Position on Unionization. The <strong>Medical</strong><br />
<strong>Center</strong> and its managers and supervisors may offer opinions on<br />
unionization. Such opinions shall be generally consistent with<br />
or drawn from the following statement: The <strong>Medical</strong> <strong>Center</strong> has<br />
historically had a constructive and mutually supportive<br />
relationship with its employees. The <strong>Medical</strong> <strong>Center</strong><br />
consistently strives to act in the best interests of its employees.<br />
The <strong>Medical</strong> <strong>Center</strong> prefers to have a direct relationship<br />
between employer and employees and therefore prefers that<br />
employees vote to maintain a direct relationship with the<br />
<strong>Medical</strong> <strong>Center</strong>. The <strong>Medical</strong> <strong>Center</strong> is also committed to the<br />
principle that employees must be fully informed by the <strong>Medical</strong><br />
14
<strong>Center</strong> and union about the advantages and disadvantages of a<br />
direct employer/ employee relationship and representation by<br />
a union. The <strong>Medical</strong> <strong>Center</strong> is also committed to the principle<br />
that employees must be free to choose whether or not to join a<br />
union in a secret ballot election conducted by the National<br />
Labor Relations Board. Both the <strong>Medical</strong> <strong>Center</strong> and Union<br />
must be free to inform the employees about their position.<br />
Information presented by the <strong>Medical</strong> <strong>Center</strong> and the Union to<br />
employees about unions will be accurate and factual and will<br />
be presented to employees for the purpose of encouraging full<br />
discourse and reflection.<br />
10) Good Faith Participation. Both the Union and the <strong>Medical</strong><br />
<strong>Center</strong> will use the NLRB's procedure in good faith and neither<br />
shall use such procedures for the purpose of delay in order to<br />
impede representation.<br />
9.9 Access. In a facility in which the Union already represents employees<br />
of the <strong>Medical</strong> <strong>Center</strong>, access shall be the same as the access<br />
provisions set forth in the collective bargaining agreement. In a<br />
facility where the Union does not currently have representational<br />
rights, the Union shall be permitted to speak to employees in nonwork<br />
areas - such as the cafeteria, smoking areas, parking lots,<br />
waiting areas, and break rooms. Union organizers shall respect the<br />
request of any employee who does not wish to engage in a discussion<br />
or accept literature. The Union also agrees not to disrupt the work of<br />
employees.<br />
9.10 Conference Rooms. The Union may reserve a facility conference<br />
room, subject to reasonable availability, criteria and established<br />
<strong>Medical</strong> <strong>Center</strong> procedure for the purpose of meeting with<br />
employees eligible to vote under this Agreement. Attendance shall be<br />
limited to union employees, union member organizers, and eligible<br />
voters. If a conference room is not available during the desired time<br />
period, <strong>Eden</strong> <strong>Medical</strong> <strong>Center</strong> will make every reasonable effort to<br />
find an alternative space. To the extent feasible, this room shall not be<br />
located near supervisory or management offices.<br />
15
9.11 Resolution of Disputes<br />
a) Rapid Response Team. The <strong>Medical</strong> <strong>Center</strong> and the Union shall<br />
establish a Rapid Response Team to monitor compliance with<br />
this procedure and disputes regarding these procedures and to<br />
attempt to resolve promptly disputes regarding recognition<br />
and organizing issues. The <strong>Medical</strong> <strong>Center</strong> and the Union shall<br />
each designate a top-level representative to discuss complaints<br />
about violations of the Agreement. If one party believes that the<br />
other party has violated these standards, the affected party<br />
should contact the other party's representative by phone or fax.<br />
The parties should have a direct conversation within forty-eight<br />
(48) hours to try to resolve the issue. When the parties agree<br />
that a violation has occurred, and it is possible to correct the<br />
problem, the party responsible for the violation will make a<br />
good faith effort to correct the problem immediately.<br />
Unresolved matters involving alleged violations of this<br />
Agreement may be referred to the Arbitrator pursuant to<br />
paragraph 9.11 (b) of this Agreement, and the Arbitrator shall<br />
issue a decision within 48 hours of the submission of the<br />
dispute.<br />
b) Arbitration. Any unresolved dispute about compliance with or<br />
construction of this article shall be submitted for final and<br />
binding resolution to the arbitrator who has been selected for<br />
deciding disputes under this Article. The Arbitrator shall be<br />
mutually selected by the parties within thirty (30) days of the<br />
execution of this Agreement. If the parties cannot mutually<br />
agree on the selection of the Arbitrator at the end of the thirty<br />
(30) day period, the parties shall select a third party from a<br />
panel of seven (7) arbitrators from a list submitted by the<br />
American Arbitration Association. The parties will alternate<br />
striking, with the party first striking determined by lot. In the<br />
event he or she is unavailable, the parties will select a substitute<br />
by mutual agreement or through the American Arbitration<br />
Association. The Arbitrator shall have the discretion to<br />
establish procedures for the resolution of such disputes that<br />
may include submission of evidence by the parties, and is<br />
16
authorized to develop and order remedies that will ensure<br />
compliance with this Agreement. All such disputes shall be<br />
resolved within fourteen (14) days of the submission of the<br />
issue, unless the issue concerns an alleged violation pertaining<br />
to conduct raised before the election, in which case, the<br />
Arbitrator shall rule within twenty-four (24) hours of the issue's<br />
submission to him/her. The parties waive any and all rights<br />
they might otherwise have to appeal or in any way contest the<br />
decision of the Arbitrator. If any party fails to comply with the<br />
decision of the Arbitrator, it hereby consents to enforcement of<br />
this Agreement and any decision of the Arbitrator in any court<br />
of competent jurisdiction and waives any defenses it might<br />
have to such enforcement. The parties agree not to file petitions<br />
(except as specified in this Agreement) or charges with the<br />
National Labor Relations Board, which may be handled under<br />
this Agreement.<br />
SECTION 10.<br />
DISCIPLINE AND DISCHARGE<br />
A. Just Cause: No employee shall be disciplined or discharged without<br />
cause. Any Employee who is discharged shall be informed in writing<br />
at the time of the discharge of the reason(s) for the discharge.<br />
B. Request for Representation: In connection with investigatory<br />
interviews or meetings which may result in discipline, an employee<br />
upon his or her request shall be entitled to have a Union<br />
Representative and/or Shop Steward present.<br />
C. Notice of Meeting Content: Prior to a meeting which is investigatory<br />
or might lead to discipline, a supervisor or manager must reveal the<br />
nature of the interview and that it is investigatory or may lead to<br />
discipline. If at any point during a meeting with a manager or<br />
supervisor, it becomes apparent to the employee that the "interview"<br />
has become disciplinary in nature or may lead to discipline, he/she<br />
has the right to request a union representative and the interview<br />
must cease for a reasonable period so that the employee can contact a<br />
union representative to assist him/her in the interview.<br />
17
D. Progressive Discipline: It is the Employer's intent normally to make<br />
use of progressive discipline in accordance with the established<br />
practices and policy.<br />
E. Furnishing of Documentation: In the event the Employer disciplines<br />
or discharges an Employee, the Employer will, at the request of the<br />
Employee and/or Union, furnish copies of necessary and/or relevant<br />
documents used by the Employer as a basis for the disciplinary<br />
action as well as a list of any witnesses to the events in question.<br />
F. Right to Respond: Employees shall have the right to respond in<br />
writing to any written discipline notices and documentation of<br />
Employee's counseling sessions, and shall have that response<br />
attached to the relevant material.<br />
G. Expiration of Discipline: Written disciplinary notices and<br />
documentation of Employee counseling sessions shall be invalid after<br />
a period of twelve (12) months from the date of issuance except when<br />
there are other materials of the same or related nature. It is<br />
understood that while the Employer may retain expired documents<br />
to satisfy legal and regulatory requirements, such documents will not<br />
be used to justify further discipline.<br />
H. Notice of Written Warnings: In the event the <strong>Medical</strong> <strong>Center</strong> gives<br />
an employee a written reprimand for misconduct a copy of the<br />
reprimand will be mailed to the Union. Employees are entitled to<br />
receive a copy of any Notice of Written Warning and supporting<br />
documentation that is placed in their personnel files and are required<br />
to sign and date a copy of the written warning to indicate receipt.<br />
I. Notice of Suspension or Discharge: Copies of notices of unpaid<br />
suspensions or discharge shall be mailed to the Union within<br />
seventy-two (72) hours of issuance, Saturday, Sundays, and the legal<br />
holidays excepted. Failure to comply with this section shall extend<br />
the corresponding grievance timelines and shall not prejudice the<br />
merits of the grievance.<br />
J. Loss of Tenure Advancement: If, in the opinion of the Union, an<br />
employee has been unjustifiably discharged, or has been discharged<br />
18
or laid off to avoid tenure advancement, or because of Union activity,<br />
such discharge or layoff shall be subject to the grievance procedure as<br />
provided below.<br />
K. Reasonable Rules: The <strong>Medical</strong> <strong>Center</strong> may draft such reasonable<br />
house rules as may be deemed necessary for governing the conduct<br />
of employees in matters affecting fire protection, safety of <strong>Medical</strong><br />
<strong>Center</strong> property, sanitation, care of the sick, etc. Such rules when<br />
drafted shall be forwarded by mail, return receipt requested, to the<br />
Union before being posted.<br />
SECTION 11.<br />
WAGES<br />
Effective December 20, 2009: 3.0% across-the-board wage increase<br />
Effective the 1 st full pay period one (1) year following date of<br />
ratification: 3.0% across-the-board wage increase<br />
Effective the 1 st full pay period two (2) years following date of<br />
ratification: 3.0% across-the-board wage increase<br />
11.1 Minimum hourly rates of pay for Clerical Unit employees shall be as<br />
set forth in the Appendices attached to this Agreement for the<br />
following periods:<br />
Appendix A - December 20, 2009 through December 19, 2010<br />
Appendix B - December 20, 2010 through December 19, 2011<br />
Appendix C - December 20, 2011 through December 19, 2012<br />
11.2 Minimum hourly rates of pay for Service and Technical Unit<br />
employees shall be as set forth in the Appendices attached to this<br />
Agreement for the following periods:<br />
Appendix D - December 20, 2009 through December 19, 2010<br />
Appendix E - December 20, 2010 through December 19, 2011<br />
Appendix F - December 20, 2011 through December 19, 2012<br />
11.3 Senior LVN. A senior LVN is defined as one who is specifically and<br />
regularly assigned by the <strong>Medical</strong> <strong>Center</strong> to direct the work of other<br />
employees in a designated work area.<br />
19
An employee temporarily assigned to this classification shall receive<br />
an additional three dollars and seventy-five cents ($3.75) per shift<br />
above the rate for LVN.<br />
11.4 LVN IV Therapy. All LVNs who are or who become certified in I.V.<br />
Therapy shall be paid ninety cents ($0.90) an hour, in addition to<br />
their straight-time hourly rate.<br />
11.5 Stand-By. LVNs, Nursing Assistants, Licensed Psychiatric<br />
Technicians and Surgical Technologists who are on stand-by,<br />
(referred to in prior Agreements as on call) shall be paid at the rate of<br />
one-half (½) the straight- time rate when on scheduled stand-by. If<br />
called to work when on stand-by, such employee shall be<br />
compensated at one and one-half (1½) times the straight-time rate, in<br />
cash or compensatory time off, for all time worked when on stand-by<br />
if such work is in excess of a normal eight (8) hour shift in any one (1)<br />
day, or in excess of a normal forty (40) hour week in any one (1)<br />
workweek. Pay for hours worked when on stand-by shall include the<br />
appropriate shift differential for those hours worked in the evening<br />
or the night shift as defined in paragraph 11.11. The employee will<br />
have the option of receiving cash or compensatory time off. If he/she<br />
elects compensatory time, it shall be a time mutually agreeable to the<br />
employee and the <strong>Medical</strong> <strong>Center</strong>. LVNs, Nursing Assistants,<br />
Licensed Psychiatric Technicians and Surgical Technologists who are<br />
on stand-by on any of the holidays as provided in 24.1 shall be paid<br />
at the rate of three-fourths (3/4) the straight-lime rate when on standby<br />
and double the straight time rate when called in during such<br />
holidays. Payment of time and one-half (or double time on holidays)<br />
will be in full compensation for all hours worked on call back.<br />
11.6 Surgical Technologists<br />
1) A Surgical Technologists called back to work while on stand-by<br />
shall be guaranteed three (3) hours of work or payment in lieu<br />
thereof for the first call-back during each eight hour stand-by<br />
assignment. Additional call-backs during the same eight hour<br />
stand-by assignment shall be paid for time worked only during<br />
the call-backs.<br />
20
Effective December 20, 2009 through December 19, 2010, the wage<br />
range for Surgical Technologists shall be as follows:<br />
Year 1 Year 2 Year 3 Year 4 Year 5<br />
$31.80 $34.13 $36.45 $38.78 $41.10<br />
11.7 Housekeeper I and II. Housekeeper II performs all housekeeping<br />
duties including heavy furniture moving and handling of trash bins.<br />
Housekeeper I does not perform all housekeeping duties. However,<br />
all employees employed as housekeepers by the <strong>Medical</strong> <strong>Center</strong> on<br />
June 30, 1987, will be paid at the rate for Housekeeper II during the<br />
term of this Agreement, as long as they perform the work of<br />
housekeepers and regardless of the extent of their duties.<br />
Housekeeper I and II duties, as well as duties assigned to all<br />
classifications under this contract, will be assigned per classification<br />
without regard to the sex of the individual. A housekeeper hired<br />
before June 30, 1987, and thereby receiving the Housekeeper II rate,<br />
as provided above, must nevertheless perform all Housekeeping II<br />
duties in order to continue receiving the higher rate, in the event that<br />
a layoff requires the housekeeper to perform such duties, in<br />
accordance with paragraph 32.11.<br />
11.8 Orthopedic Technicians. Orthopedic Technicians shall be paid at the<br />
entrance step shown in Appendices D-F during the first four (4)<br />
months of employment in the classification. After successful<br />
performance of work during that period, Orthopedic Technicians will<br />
be increased to the next higher step.<br />
11.9 Central Services Technicians. Central Services Technicians I and II<br />
shall be paid at the entrance steps shown in Appendices D-F during<br />
the first four (4) months of employment in each classification. After<br />
successful performance of work during that period, Central Services<br />
Technicians I and II will be increased to their respective next higher<br />
step.<br />
11.10 Split-Shift. A split-shift is defined as eight (8) hours completed within<br />
21
a spread in excess of nine (9) consecutive hours. Employees assigned<br />
to a split-shift shall be paid a premium of $4.25 a shift in addition to<br />
their regular rate of pay. In addition, any split-shift work completed<br />
beyond a spread of eleven (11) consecutive hours shall be paid for at<br />
a rate of time and one-half (1½) for all hours worked beyond the<br />
eleven (11) hour spread.<br />
11.11 Shift Differential. Shift differentials shall be granted to employees<br />
working the night shift (beginning on or after 11:00 p.m. but before<br />
6:00 a.m.) and to employees working the evening shift (beginning on<br />
or after 2:00 p.m. but before 11:00 p.m.) in the following amounts:<br />
Evening Shift:<br />
LVNs and licensed Psychiatric Technicians<br />
All Others<br />
Night Shift:<br />
LVNs and Licensed Psychiatric Technicians<br />
All Others<br />
$1.45 per hour<br />
$1.00 per hour<br />
$1.95 per hour<br />
$1.25 per hour<br />
11.12 Weekend Differential. Regular full-time employees will be paid $5.60<br />
per eight-hour shift in addition to their regular rates of pay for shifts<br />
worked on weekends (shifts beginning on and after 11:00 p.m. Friday<br />
and ending on or before midnight Sunday).<br />
11.13 Assault Training. The <strong>Medical</strong> <strong>Center</strong> will offer a training program in<br />
non-violent, non-physical intervention given at <strong>Medical</strong> <strong>Center</strong><br />
expense, and Union employees may attend on a voluntary basis. The<br />
program will be required to be given once in each year of the term of<br />
this Agreement, and will be scheduled so that staff on all shifts will<br />
have reasonable access to the program. Staff may use their Education<br />
Leave to attend this program.<br />
11.14 Operating Room Housekeeper. A Housekeeper assigned to work in<br />
the Operating Room shall be paid fifty cents ($0.50) an hour in<br />
addition to his/her straight-time rate, while regularly assigned or<br />
while on relief assignment to the Operating Room.<br />
22
11.15 Floor Maintenance Outside the Operating Room. Housekeepers<br />
assigned to stripping & refinishing floors will receive one dollar<br />
($1.00) per hour in addition to their regular rate of pay for the time so<br />
spent. Housekeepers assigned to buffing and, shampooing will<br />
receive fifty cents ($0.50) per hour in addition to their regular rate of<br />
pay for the time so spent.<br />
11.16 Moving Heavy Furniture. Employees assigned to moving furniture<br />
requiring two-person lifting for one hour or more in the course of a<br />
shift shall receive fifty cents ($0.50) per hour in addition to their<br />
regular rate of pay for the time so spent.<br />
11.17 Nutritional Supplies. Nursing personnel shall not be required to<br />
maintain and clean refrigerators, nor shall they be required to<br />
maintain nutritional supplies.<br />
11.18 Pay Day. Payday shall be every other Friday. The <strong>Medical</strong> <strong>Center</strong><br />
agrees to make its best effort to provide that any employee on a shift<br />
ending on or after 7 p.m. shall be paid on the Thursday preceding<br />
pay day, provided it can be done without requiring overtime work or<br />
compromising security of check distribution.<br />
11.19 Direct Deposit. The existing program of direct deposit of paychecks<br />
shall be continued.<br />
11.20 New Classification. In the event that the Employer establishes a new<br />
classification within the bargaining unit, in addition to those now in<br />
existence, the Employer and the Union will meet to negotiate with<br />
respect to rate of pay and job duties, prior to implementation. The<br />
parties will make a good faith effort to reach a settlement. If the<br />
parties are not able to reach agreement on the wage scale for the new<br />
classification, the Employer may implement and the Union may,<br />
within fifteen days, request the services of mutually agreed upon<br />
mediator. If the parties are unable , to mutually agree upon a<br />
mediator, they shall request an impartial third party list from the<br />
Federal Mediation and Conciliation Service. The parties shall<br />
alternately strike the names from the list provided until one name<br />
remains. At the end of the mediation, if the parties do not agree, the<br />
23
third party will issue a recommendation on the appropriate pay scale<br />
for the classification, which shall match one of the existing wage<br />
scales in the Agreement. Each party will bear all of the expenses of its<br />
members. The fee from the Federal Mediation and Conciliation<br />
Service shall be borne equally by both parties.<br />
11.21 New Job Duties. The Employer shall maintain and review job<br />
descriptions for all classifications which will be remitted to the<br />
Union. It is recognized that changes of job titles and duties contained<br />
in this Agreement may be necessary. In the event the Employer<br />
intends to change job descriptions, it will send the Union a draft of<br />
the changes, with the changes indicated. Within fifteen days, the<br />
Union may request and the Employer will meet to discuss the<br />
proposed job description. The parties will make a good faith effort to<br />
reach a settlement. If the parties are unable to reach an agreement,<br />
the dispute may be submitted to the Staffing Committee.<br />
SECTION 12.<br />
BILINGUAL SERVICES<br />
12.1 No employee shall be required to interpret or translate as part of her<br />
or his job duties, and employees shall not be disciplined for declining<br />
to provide such services. Upon ratification of this Agreement, the<br />
<strong>Medical</strong> <strong>Center</strong> will issue a written memorandum to all physicians,<br />
RNs and other healthcare providers at the hospital stating that:<br />
“No member of SEIU-UHW bargaining unit is required<br />
to provide bilingual services as part of his or her job<br />
duties. No discipline or retaliation for such an employee’s<br />
refusal to provide bilingual services will be tolerated.<br />
Thank you in advance for your cooperation.”<br />
SECTION 13.<br />
HOURS OF WORK<br />
13.1 Workweek and Overtime Pay. The straight-time workweek shall be<br />
forty (40) hours, five (5) days per week. A straight-time day's work<br />
will consist of no more than eight (8) hours. If an employee is<br />
required to work in excess of eight (8) hours in any day, or in excess<br />
of forty (40) hours in any one workweek, the employee shall be paid<br />
24
overtime at the rate of one and one-half (1 ½) the straight-time rate of<br />
pay. For hours worked in excess of twelve (12) hours in any one work<br />
day, excluding meal periods, the employee shall be paid overtime at<br />
the rate of double the straight time rate of pay. Work performed<br />
within the workweek of Sunday through Saturday night on the<br />
seventh (7th) day thereof shall be paid at the rate of double the<br />
straight-time pay.<br />
13.2 Weekends Off. The <strong>Medical</strong> <strong>Center</strong> will guarantee 26 weekends off<br />
annually to each full-time employee (other than cooks, who are<br />
covered by Paragraph 13.3 below) based on the principle of every<br />
other weekend off. An employee working less than a full calendar<br />
year shall be guaranteed as weekends off not more than one-half (½)<br />
the number of weekends falling during the employee's term of<br />
employment in the calendar year. If less than the aforesaid number of<br />
weekends are granted off, the employee shall receive an additional<br />
one-half (½) day of paid vacation in lieu of each weekend off lost. If<br />
the <strong>Medical</strong> <strong>Center</strong> requires an employee to work three (3) or more<br />
consecutive weekends, such employee will receive an additional onehalf<br />
(½) day of paid vacation for the third consecutive weekend and<br />
for each consecutive weekend worked thereafter until granted a<br />
weekend off. The above weekend off provisions may be waived on<br />
the written request of an individual employee. Such provisions shall<br />
not apply to full-time employees who desire a schedule which<br />
includes weekend work or to full-time employees who desire to work<br />
certain weekends which make up a portion of the weekends which<br />
they would otherwise be granted off. In addition the employees in a<br />
particular department may by majority vote elect to waive the<br />
provisions guaranteeing weekends off, in which event the <strong>Medical</strong><br />
<strong>Center</strong> will schedule those employees for regular consecutive days<br />
off each week. For the purpose of the application of the foregoing<br />
weekend off provision, annually shall be defined, as each calendar<br />
year and weekends shall be defined as the weekends observed under<br />
the scheduling followed during the Agreement in effect prior to this<br />
Agreement.<br />
13.3 Weekends Off for Cooks. The <strong>Medical</strong> <strong>Center</strong> will endeavor to<br />
25
schedule regular full-time cooks, including Second Cook, for two (2)<br />
weekends off work each month. During any absence of a full--time<br />
cook or Second Cook for one (1) week or more, regular part-time<br />
cooks shall be given preference in filling in for available weekend<br />
work and be required to do so if the <strong>Medical</strong> <strong>Center</strong> chooses.<br />
13.4 Work in a Higher Paid Classification (Pre-determined Work<br />
Schedule). Any employee who, as part of his or her predetermined<br />
work schedule, performs work in a higher classification (except for<br />
rest periods and meal relief) shall be paid at a rate based on a ratio of<br />
time spent in each classification.<br />
13.5 Work in a Higher Paid Classification (Relief Work). An employee<br />
relieving in a higher classification will be compensated for the relief<br />
work at the lowest tenure step of the higher classification that yields<br />
a pay increase to the employee.<br />
13.6 Rest Period between Shifts. Each regular employee shall have an<br />
unbroken rest period of at least ten (10) hours between shifts. All<br />
work within the ten hour rest period shall be paid at the rate of time<br />
and one-half (1 ½) the straight-time rate of pay.<br />
13.7 Posting of Schedules. Schedules of starting and quitting times and<br />
days off of regular employees will be posted by the <strong>Medical</strong> <strong>Center</strong><br />
one (1) week in advance subject to emergency changes. As much<br />
advance notice of overtime requirements will be given as permitted<br />
by operational circumstances. An employee required to work on<br />
his/her regularly scheduled day off will be compensated at the<br />
appropriate overtime rate and will not be scheduled for an<br />
alternative day off.<br />
13.8 Pay for Work on a Regular . Day Off or for an Additional Shift. An<br />
employee called into work on a regular day off or for an additional<br />
shift on a regular work day will be paid for the hours worked, plus<br />
one (1) hour, but not exceeding eight (8) hours' pay in any one (1)<br />
shift [unless the employee works over eight (8) hours in that shift],<br />
provided the employee is called for such work less than two (2) hours<br />
before the start of the shift. If the employee is called two (2) hours or<br />
26
more before start of the shift, the employee shall be paid for time<br />
worked only.<br />
13.9 Overtime procedure<br />
1) Any overtime work must be approved and authorized in<br />
advance by supervisory or managerial personnel. The <strong>Medical</strong><br />
<strong>Center</strong> will exercise every reasonable effort to follow the<br />
procedures outlined below, however, the parties expressly<br />
recognize that exigent circumstances may preclude strict<br />
compliance with the procedures.<br />
2) A list will be maintained in each department with the names of<br />
employees interested in overtime. This list will be revised every<br />
six (6) months.<br />
3) When the <strong>Medical</strong> <strong>Center</strong> determines overtime is necessary,<br />
employees will be offered overtime in the following manner:<br />
Prescheduled Overtime. If the employer has enough advance<br />
notice of the need for overtime, such overtime will be<br />
scheduled by offering overtime by seniority to those qualified<br />
employees who have expressed interest in overtime.<br />
Overtime the Need for Which is Unforeseen. When the need for<br />
overtime arises which is unforeseen, the Employer will offer<br />
such overtime first on the basis of seniority to qualified<br />
employees who have expressed interest in overtime and are<br />
available to commence work without any delay or disruption of<br />
the work flow.<br />
Overtime for Short Periods of Time. Overtime which is needed<br />
for short periods of time, generally less than one (1) hour, (for<br />
example: to complete an existing assignment) will not be<br />
offered by seniority unless practical and there will be no delay<br />
or disruption of the workflow.<br />
13.10 No Pyramiding of Overtime. There will be no pyramiding of<br />
overtime. For example, paid overtime that extends into the 10- hour<br />
27
est between shift provision (Section 13.6) will not obligate the<br />
employer to pay additional premium pay for the employee not<br />
having received an unbroken rest period. In a situation where there<br />
are overlapping events that would each be eligible for premium pay,<br />
the highest applicable rate among the events will be paid.<br />
13.11 Absent Days Off. Individual employees will not be approached to<br />
take "absent days off". The <strong>Medical</strong> <strong>Center</strong> may maintain a list which<br />
shall be posted which employees may sign to express their desire for<br />
certain absent days, and the <strong>Medical</strong> <strong>Center</strong> will confine its requests<br />
to those individuals and the days they requested. Neither the <strong>Medical</strong><br />
<strong>Center</strong> nor the Union nor their representatives shall attempt to<br />
persuade any employee to volunteer or to decline to volunteer for<br />
such days off. The <strong>Medical</strong> <strong>Center</strong> will recruit and maintain a list of<br />
on-call employees for staffing. The foregoing shall not be construed<br />
to impair the <strong>Medical</strong> <strong>Center</strong>'s right to reduce personnel in<br />
accordance with the seniority provisions of this Agreement.<br />
SECTION 14.<br />
MINIMUM HOURS<br />
14.1 The <strong>Medical</strong> <strong>Center</strong> shall not schedule employees for less than four<br />
(4) hour shifts except in the event of emergency assignments.<br />
Employees requested to report for work, or who are scheduled to<br />
work but for whom no work is available when they report, shall<br />
nevertheless be paid for four (4) hours at straight-time unless the<br />
work assignment announced to them was an emergency assignment<br />
of less than four (4) hours in which case they shall be paid for the<br />
announced number of hours. If an employee works in excess of four<br />
(4) hours, the employee will be guaranteed eight (8) hours at straight<br />
time unless the schedule is understood to call for a shorter shift. This<br />
Section does not apply to employees who are on stand-by.<br />
SECTION 15.<br />
SUBCONTRACTING<br />
15.1 Work or services performed by bargaining unit employees shall not<br />
be subcontracted, transferred, or leased in whole or in part, to any<br />
person, company or non-bargaining unit employee, except as set<br />
forth as follows:<br />
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15.2 Such subcontracting shall be permitted if it has been performed prior<br />
to the effective date of this Agreement.<br />
15.3 Such subcontracting shall be permitted if it requires the use of<br />
equipment not heretofore used by members of the bargaining unit<br />
and not owned by the <strong>Medical</strong> <strong>Center</strong>.<br />
15.4 Such subcontracting shall be permitted where it is required in cases<br />
of emergency arising from civil disaster, epidemic or natural<br />
catastrophe or from a sudden, unplanned occurrence resulting in a<br />
dramatic increase in census or acuity of illness.<br />
15.5 Such subcontracting shall be permitted in instances of extraordinary,<br />
short-term work load arising when no employees in the affected<br />
classifications are on layoff.<br />
15.6 In other cases, such subcontracting shall be permitted if it is<br />
performed with the mutual agreement of the Union; such agreement<br />
shall not be unreasonably withheld by the Union.<br />
SECTION 16.<br />
REPLACEMENT OF CALL-OFFS<br />
16.1 In the event employees are absent, the <strong>Medical</strong> <strong>Center</strong> will make<br />
every reasonable effort to replace such employees if the <strong>Medical</strong><br />
<strong>Center</strong> sees the need to do so from an operational standpoint. If<br />
employees who are absent are not replaced, the remaining employees<br />
will be expected to perform only a normal full day's work.<br />
SECTION 17.<br />
MANDATORY OVERTIME<br />
17.1 In accordance with <strong>Medical</strong> <strong>Center</strong> practice, there shall be no<br />
mandatory overtime except in emergencies declared by the city, the<br />
county, the state or federal government, and / or the highest ranking<br />
administrative officer on duty or on call.<br />
SECTION 18.<br />
MEALS AND UNIFORMS<br />
18.1 Employees working in the Dietary Department shall be entitled to the<br />
regular meals occurring within the shift without deduction in their<br />
29
compensation.<br />
18.2 Uniforms worn by cooks, while working, shall be provided, cleaned<br />
and laundered by the <strong>Medical</strong> <strong>Center</strong> without cost to the employee.<br />
SECTION 19.<br />
REGULAR PART-TIME, SHORT-HOUR<br />
AND PER DIEM EMPLOYEES<br />
19.1 Regular Part-time Employees. A regular part-time employee is one<br />
assigned to a pre-determined schedule of twenty (20) or more hours a<br />
week. A regular part-time employee shall accrue Paid Time Off as<br />
provided in Section 19 and Extended Sick Leave as provided in<br />
Section 20. Such accrual shall commence with the date of hire. In<br />
addition, such employees will be covered by the <strong>Medical</strong> <strong>Center</strong><br />
medical/surgical, dental, vision and life insurance plans upon<br />
completion of the ninety (90) day probationary period.<br />
19.2 Short Hour Employees. A short-hour employee is one assigned to a<br />
pre-determined schedule of less than twenty (20) hours a week:<br />
available at least four (4) shifts in every 28 days which may include<br />
weekend shifts. A short-hour employee shall receive one dollar<br />
($1.00) per hour above the rate for their classification in lieu of fringe<br />
benefits other than shift differentials, upon completion of the<br />
probationary period described in Section 4. A predetermined<br />
schedule is a regular schedule which continues into the foreseeable<br />
future.<br />
19.3 Per Diem (formerly “On-Call”) Employees. A Per Diem employee<br />
works on intermittent or availability basis; available for four (4) shifts<br />
every 28 days; including 4 weekend shifts and one major holiday. A<br />
Per Diem employee is one assigned to a temporary or an irregular<br />
Per Diem status. A Per Diem employee shall receive one dollar<br />
($1.00) per hour above the rate for his/her classification in lieu of<br />
fringe benefits other than shift differentials, upon completion of the<br />
probationary period described in Section 4.<br />
19.4 Extra Work Assignments<br />
1) Regular part-time, short-hour and Per Diem (formerly “On-<br />
30
Call”) employees who have given the <strong>Medical</strong> <strong>Center</strong> an initial<br />
fourteen-day advance written notice of their availability for<br />
extra work assignments, shall be assigned to the work in the<br />
following manner:<br />
a) Except in cases where specialized work or skill or trained<br />
personnel are required on the job, regular part-time, short<br />
hour, and Per Diem employees who are available for per<br />
diem work, shall be called by classification within the<br />
department on the basis of their seniority. The department<br />
shall first telephone in succession those regulars and then<br />
short-hour employees on the available list for the<br />
classification and the particular shift or shifts to be filled in<br />
the order of their descending seniority. If the assignment is<br />
not thereby filled, the department shall telephone the Per<br />
Diem employees on the available list in the order of their<br />
seniority. The <strong>Medical</strong> <strong>Center</strong> shall not be required to offer<br />
a per diem assignment to any employee that would require<br />
the payment of overtime or penalty rates. The <strong>Medical</strong><br />
<strong>Center</strong> will maintain written records of such telephone<br />
calls, and such records will be available for review by<br />
Union representatives upon request. An employee shall be<br />
given one-half (½) hour to respond to a telephone call,<br />
before another employee on the list is called, unless an<br />
emergency requires the assignment to be filled<br />
immediately, in which event the <strong>Medical</strong> <strong>Center</strong>, in failing<br />
to gain a response, may continue telephoning other<br />
employees on the list. An employee who fails to fill offered<br />
assignments, or who cannot be reached when called, three<br />
times in a 90-day period, shall be removed from the list<br />
(with one time being tallied for each daily shift to be<br />
offered). One "ill call" each 90 day period will not be<br />
charged as a refusal if it is due to the employee's illness or<br />
the illness of the employee's spouse, domestic partner, or<br />
child and the employee notifies the <strong>Medical</strong> <strong>Center</strong> before<br />
receiving the call. Additional absences may be permitted<br />
under the State and Federal Family Leave Acts, as<br />
31
provided for in paragraph 26.5. Consecutive days of illness<br />
count as an "ill call," subject to medical verification<br />
satisfactory to the <strong>Medical</strong> <strong>Center</strong> of the physical or mental<br />
disability of the employee or his/her spouse, domestic<br />
partner, or child, if requested by the <strong>Medical</strong> <strong>Center</strong>. An<br />
employee on a leave of absence approved by the <strong>Medical</strong><br />
<strong>Center</strong> will not be charged with a refusal to be available. If<br />
an employee fails to arrive at least two hours after the<br />
employee is called, the <strong>Medical</strong> <strong>Center</strong> shall have the<br />
option of refusing any work or reporting pay to the<br />
employee that day and treating the absence as the<br />
employee's failure to accept an assignment; or, in the<br />
alternative, the <strong>Medical</strong> <strong>Center</strong> may choose to pay the<br />
employee for time worked only.<br />
2) Available Hours for Cancelled Staff. When implementing any<br />
involuntary daily cancellation regarding regular employees, the<br />
<strong>Medical</strong> <strong>Center</strong> will offer other available work for which the<br />
employee has been cross-trained to perform in the manner<br />
outlined in Section 19.4(1). In cases where the employee is<br />
cross-trained into a different department, the employee will be<br />
responsible for notifying that department of his or her<br />
availability. The intent of this section is to provide first<br />
preference for available hours to staff being cancelled from<br />
their regular shift prior to another employee who is picking up<br />
extra hours in accordance with Section 19.4(1). It is not the<br />
intent of this section to displace staff who have already been<br />
scheduled for a vacant shift in accordance with Section 19.4.<br />
19.5 Training for Per Diem Work in Dietary. Regular part-time and shorthour<br />
employees desiring to qualify for Per Diem (formerly “On-<br />
Call”) work in dietary, but not presently trained on the work to be<br />
done, will be expected to sign up for training, and upon successful<br />
completion of the training in management's judgment, shall be<br />
eligible for listing as available for the work to be done.<br />
19.6 PTO in lieu of a Declined Assignment. If an employee, when called<br />
takes accumulated PTO hours equivalent to the hours of an offered<br />
32
shift, rather than the shift itself, it shall not be considered a declined<br />
assignment within the meaning of Paragraph 19.4 above.<br />
19.7 Changes to Availability. Not more than once in each 90 days, an<br />
employee may change a written notice of availability. Changes are<br />
subject to management approval. Approval will not be unreasonably<br />
denied.<br />
19.8 Reclassification for Per Diem (formerly “On-Call”) or Short Hour<br />
Employees. Per Diem or Short hour employees who work an average<br />
of twenty hour per week or more for ninety (90) or more consecutive<br />
days shall be reclassified to a regular benefited position at an FTE<br />
(full-time equivalent) status with the weekly average over the ninety<br />
days.<br />
19.9 Reclassification for Regular Part-Time employees. Regular part-time<br />
employees who work higher than their current FTE (full-time<br />
equivalent) status for ninety (90) or more consecutive days shall be<br />
reclassified to the higher FTE (full-time equivalent) status with the<br />
weekly average over the ninety days.<br />
19.10 Computation of reclassification: Time spent on authorized leaves of<br />
absence shall not be taken into account in computing an employee's<br />
average weekly hours of work for purposes of reclassification. Hours<br />
worked by an employee filling an available temporary position shall<br />
not count towards reclassification.<br />
19.11 Tenure Step Increases for Per Diem and Short Hour Employees. Per<br />
Diem and Short hour employees will receive annual step increases on<br />
their salary anniversary date, commencing with the next anniversary<br />
following ratification of the contract, provided that it has been at least<br />
12 months since their last step increase and they are not at the<br />
maximum step of the range already.<br />
19.12 Removal of Per Diem Employee from Per Diem List. If a Per Diem<br />
employee fails to work any hours during a sixth month review<br />
period, the employee shall be removed from the Per Diem list<br />
without prejudice unless the employee's lack of work for the period is<br />
due to an industrial injury recognized under Worker's<br />
33
Compensation.<br />
19.13 Affect of Additional Hours on Accrual of Benefits: Per Diem hours<br />
worked in addition to the employee's regular part time schedule shall<br />
not be calculated in computing the employee's pro-ration of fringe<br />
benefits provided under Paragraph 20.2.<br />
19.14 Requirements of Part-time and Short Hour Employees. Although<br />
regular part-time and short-hour employees are granted the same<br />
flexibility hereunder as is granted to Per Diem (formerly “On-Call”)<br />
employees in filling assignments to per diem work, they shall be<br />
required to fill their regular, pre-determined schedules in a normal<br />
manner.<br />
SECTION 20.<br />
PAID TIME OFF (PTO)<br />
20.1 PTO Accrual Schedule. Regular full-time employees shall accrue Paid<br />
Time Off, commencing with their date of hire, in accordance with the<br />
following schedule:<br />
Length of Service<br />
Less Than One<br />
Year<br />
One Year & Less<br />
Than Four Years<br />
Four Years & Less<br />
Than Nine Years<br />
Accrual Per Bi-<br />
Weekly<br />
Paid Period<br />
Total PTO Days<br />
Earned Per Year<br />
8.000 hours 26<br />
9.538 hours 31<br />
11.077 hours 36<br />
20.2 Pro-rata Accrual for Part-time Employees. Regular part-time<br />
employees shall accrue Paid Time Off commencing with their date of<br />
hire, on a pro rata basis of the above schedule.<br />
20.3 Use of PTO. Paid Time Off days or hours (PTO) may be used for<br />
vacation, holidays, short-term illness, family emergencies, religious<br />
observances, preventative health care, dental care, personal business<br />
and other excused elective absences. Educational leave, bereavement<br />
34
leave and jury duty are paid in addition to PTO days, and the PTO<br />
account is not charged with this time off.<br />
20.4 Beginning of PTO Accrual. PTO days begin accruing on the day of<br />
employment and then continue to accrue on the basis of hours<br />
worked and the length of service; and may be used without a waiting<br />
period.<br />
20.5 Cap on Accrual of PTO and Pay Out. The limit on the amount of the<br />
PTO that may be accrued by an employee shall be four hundred (400)<br />
hours. As of October or April each year, any excess accrual over such<br />
limit shall be paid to the employee, or, at the employee's election,<br />
shall be transferred by the <strong>Medical</strong> <strong>Center</strong> to the employee's deferred<br />
income or retirement account as may be established by the <strong>Medical</strong><br />
<strong>Center</strong>, provided such transfer is permissible under applicable<br />
regulations.<br />
20.6 Constructive Receipt. The <strong>Medical</strong> <strong>Center</strong> will conform with State<br />
and Federal laws regarding constructive receipt of PTO funds, and if<br />
by doing so it is obliged to impose limitations or penalties for PTO<br />
cash-out, will inform the Union at least two weeks in advance of<br />
implementation.<br />
20.7 Required Use of PTO. Fifteen (15) days of PTO must be used per<br />
anniversary year, but in no event shall an employee lose any such<br />
days by failure to take them as time off.<br />
20.8 Use of Earned PTO. PTO hours may be used as soon as they are<br />
earned but may not be used in advance.<br />
20.9 Requests for Use of PTO. With the exception of emergencies or<br />
illnesses, PTO must be requested by the employee in advance, and<br />
agreed to in advance by the Department Head or Supervisor;<br />
however, requests for PTO will not be unreasonably denied. In cases<br />
of absences for emergencies or illnesses, the employee shall notify the<br />
Department Head or Supervisor as promptly as possible.<br />
20.10 Vacation Requests for PTO. Employees desiring to take PTO in the<br />
form of vacation — that is, in blocks of five (5) days or more — shall<br />
35
make a request for vacation date by February 1 each year, and the<br />
<strong>Medical</strong> <strong>Center</strong> will post the vacation schedule by the following<br />
March 31. Vacation preference will be based on seniority among<br />
employees in a particular layoff seniority unit and on the same shift.<br />
After a vacation date is assigned to an employee, it will not be<br />
changed by the <strong>Medical</strong> <strong>Center</strong> in order to accommodate another<br />
employee's desire to change his or her vacation date unless all<br />
affected employees agree to such change. Vacation checks paid to<br />
employees will reflect the same amount of tax withholding as is<br />
applied to such employees' checks for working time of the same<br />
duration as the vacation. Vacation checks, when paid, shall include<br />
shift differential if applicable.<br />
20.11 PTO Used for Time Off. PTO must be used for all time off, except<br />
educational leave, bereavement leave, jury duty, military leave,<br />
emergency leave and additional leave (Section 26). Further leave<br />
without pay can be granted only when all PTO has been exhausted.<br />
Notwithstanding the foregoing, an employee shall not be required to<br />
use PTO for any absences during any part of which ESL is paid; but<br />
the employee shall be allowed the choice of using PTO in such cases.<br />
20.12 PTO not Required for Employer Requested Absences or Lay Offs:<br />
The <strong>Medical</strong> <strong>Center</strong> reserves the right to request absences or<br />
determine layoffs, in accordance with the provisions of this<br />
Agreement, and such absences shall not require the use of PTO.<br />
20.13 PTO Cash Out. Twice annually on dates selected by an employee, on<br />
such prior notice as the <strong>Medical</strong> <strong>Center</strong> may uniformly require, the<br />
employee may convert into cash the PTO time accumulated. PTO<br />
hours not used or converted will be accumulated into the next year.<br />
20.14 PTO Paid at Employee's Current Hourly Rate. Pay for PTO hours<br />
shall be based on an employee's current hourly rate of pay including<br />
any shift differential, which is in effect at the time of using PTO or at<br />
the time of converting PTO time to cash. Upon termination of<br />
employment with the <strong>Medical</strong> <strong>Center</strong> or upon changing to Per Diem<br />
(formerly “On-Call”) status, all unused PTO hours will be paid off at<br />
the current hourly rate of pay including any shift differential in effect.<br />
36
20.15 PTO not Used to Extend Employment. PTO hours may not be used to<br />
extend employment with the <strong>Medical</strong> <strong>Center</strong> beyond the last day<br />
actually worked.<br />
SECTION 21.<br />
EXTENDED SICK LEAVE (ESL)<br />
21.1 Accrual Rate for ESL. Employees eligible to accrue Paid Time Off<br />
shall also accrue Extended Sick Leave at the rate of six (6) days per<br />
year of service in the case of Regular Full-Time employees and on a<br />
pro rata basis thereof based on hours worked in the case of Regular<br />
Part-Time employees.<br />
21.2 Payment of ESL for Long Term Illness. An employee shall be paid<br />
from the employee's accumulated Extended Sick Leave for absence<br />
because of long-term illnesses, under the following conditions:<br />
21.3 State Disability and Workers' Compensation. A long-term illness is<br />
an illness which qualifies an employee for State Disability Insurance'<br />
(SDI) or Workers' Compensation weekly benefits. Extended Sick<br />
Leave shall be used to integrate with SDI or Workers' Compensation<br />
payoffs as necessary during a long-term illness so that the employee<br />
will receive his/her regular take-home pay. Paid Time Off days may<br />
be applied when Extended Sick Leave days have been used up,<br />
except as provided in Section 20.<br />
21.4 Payment of FSL for Illness of Short Duration. An employee shall also<br />
be entitled to pay from the employee's accumulated Extended Sick<br />
Leave for absences for illnesses of shorter duration under the<br />
following conditions:<br />
21.5 Use of ESL after Missing Four or More Consecutive Workdays. If,<br />
during an employee's anniversary year, the employee misses four (4)<br />
or more consecutive workdays because of illness, and the employee is<br />
able to provide medical verification of such illness, then subsequent<br />
absences from work for illness of four (4) or more consecutive days<br />
within the same anniversary year can be paid for out of the<br />
employee's accumulated ESL. The <strong>Medical</strong> <strong>Center</strong> reserves the right<br />
to require medical verification of any such subsequent absences as a<br />
37
condition of payment.<br />
21.6 Use of ESL for Illness of Immediate Family. An employee may use in<br />
any calendar year the amount of Extended Sick Leave the employee<br />
has accrued during six months of that year to attend to the illness of a<br />
child, parent, spouse or domestic partner of the employee, subject to<br />
all conditions and restrictions placed by the <strong>Medical</strong> <strong>Center</strong> upon the<br />
use of Extended Sick Leave.<br />
21.7 No Cap on Accrual of ESL and Credit for Retirement. There is no<br />
limit to the number of ESL days that may be accrued. Employees<br />
terminating employment with the <strong>Medical</strong> <strong>Center</strong>, who have met the<br />
qualifications for retirement under the <strong>Eden</strong> <strong>Medical</strong> <strong>Center</strong><br />
Retirement Plan shall have time accumulated in the employee's ESL<br />
account reported and applied as a credit toward advancement of the<br />
employee's retirement date.<br />
SECTION 22.<br />
BEREAVEMENT LEAVE<br />
22.1 Bereavement leave up to four (4) paid days shall be granted to<br />
employees in cases of death in the employee's immediate family<br />
when the funeral takes place in California to allow attendance at<br />
funeral. Bereavement leave up to five (5) paid days shall be granted<br />
to employees in such cases to attend a funeral held out of state. An<br />
employee not attending the funeral shall be granted a paid leave of<br />
three (3) days. The employee's immediate family is defined to include<br />
spouse, domestic partner, parent (or individuals who have, prior to<br />
the employee having attained legal majority, officially stood in the<br />
place of mother or father, provided the employee has given the<br />
<strong>Medical</strong> <strong>Center</strong> prior written notice of the names of any such<br />
individuals), parent of domestic partner, grandparent, child, child of<br />
domestic partner, grandchild, mother-in-law, father-in-law, sister and<br />
brother. Payment shall be made for scheduled workdays which<br />
would have been worked but for the funeral. An employee eligible<br />
for such paid days of leave may also request and be granted an<br />
additional, unpaid day of leave when the funeral takes place in<br />
California, and an additional unpaid week of leave (5 workdays)<br />
when the funeral takes place out of state, to attend the funeral. The<br />
38
employees claiming bereavement leave absences shall sign a<br />
statement giving date of funeral and place and name and relationship<br />
of decedent, and whether or not the employee attended the funeral.<br />
22.2 An employee shall give the written notice provided for in Paragraph<br />
22.1 at 'the time of employment, or, for those employees who are in<br />
the <strong>Medical</strong> <strong>Center</strong>'s employment at the time of the execution of this<br />
Agreement, then within thirty (30) days after execution of the<br />
Agreement.<br />
SECTION 23.<br />
JURY DUTY<br />
23.1 A regular employee who is required to serve on a jury will be paid<br />
the difference between any jury pay received and the employee's pay<br />
for the regular hours he/she would have worked but for the jury<br />
duty. As a condition to payment by the <strong>Medical</strong> <strong>Center</strong>, the employee<br />
must notify the <strong>Medical</strong> <strong>Center</strong> as soon as reasonably possible after<br />
the employee receives notice to report, and must produce a receipt<br />
from the court clerk that he/she has been called or served. If an<br />
employee scheduled for day shift is dismissed from jury duty in time<br />
to complete three (3) or more hours of his/her regular shift, the<br />
employee shall be required to return to work. An employee<br />
scheduled for evening or night shifts on days the employee is called<br />
for jury duty, may be required, in order to qualify for jury duty pay,<br />
to report to work on such shifts only after a lapse of ten (10) hours<br />
following dismissal from jury duty and only if there are at least three<br />
(3) hours of the shift then remaining.<br />
SECTION 24.<br />
HOLIDAYS<br />
24.1 The following are the recognized holidays, upon completion of thirty<br />
(30) calendar days of continuous service [sixty (60) days in the case of<br />
the birthday holiday]:<br />
New Year's Day<br />
Martin Luther King, Jr. Day<br />
(Third Monday in January)<br />
Labor Day<br />
Thanksgiving Day<br />
39
President's Day<br />
(Third Monday in February)<br />
Memorial Day<br />
Independence Day<br />
Christmas Day<br />
Employee's Birthday<br />
24.2 The pay for hours worked on a holiday other than a birthday shall be<br />
at a rate of time and one-half (1 ½) the employee's appropriate<br />
straight-time rate of pay.<br />
24.3 The pay for hours worked on a birthday shall be at a rate of one and<br />
one-half (1 ½) the employee's appropriate straight-time rate of pay,<br />
provided the employee gives at least two (2) weeks prior notice each<br />
year to his/her Department Head or Supervisor of the date of the<br />
birthday. If the employee fails to give such notice, or if the employee<br />
makes a written request to work on the birthday, the employee shall<br />
be paid at the appropriate straight-time rate.<br />
24.4 Paid holidays shall be considered time worked for overtime<br />
computations. A holiday shift is defined as a shift in which the major<br />
portion of the shift is worked on the holiday.<br />
SECTION 25.<br />
FORTY YEAR ANNIVERSARY BONUS<br />
25.1 The <strong>Medical</strong> <strong>Center</strong> will pay an amount equal to one week's regular<br />
wages as a bonus to regular employees on their 40 th anniversary of<br />
continuous employment and on each subsequent anniversary of<br />
continuous service at <strong>Eden</strong> <strong>Medical</strong> <strong>Center</strong> as long as they remain in<br />
regular status.<br />
SECTION 26.<br />
LEAVES OF ABSENCE<br />
26.1 Application for leave of absence shall be made in writing by an<br />
employee requesting leave, and leave of absence, if granted, will be<br />
approved in writing. Authorized leave of absence for any purpose<br />
shall not affect previously accumulated sick leave, vacation time or<br />
tenure.<br />
26.2 Leave of up to twelve (12) months shall be granted for pregnancy,<br />
40
childbirth or related medical conditions. Eligibility for leave and<br />
length of leave shall be as required under appropriate Federal and<br />
State statutes.<br />
26.3 Regular employees with six (6) months or more of continuous service<br />
shall be granted a leave of absence of up to six (6) months during any<br />
twelve (12) month period in cases of physical disability other than an<br />
industrial illness or injury. Leaves of absence for disability may be<br />
extended only by agreement between the employee and the <strong>Medical</strong><br />
<strong>Center</strong>.<br />
26.4 In the case of an industrial illness or injury, an employee shall be<br />
granted a leave of absence of up to twelve (12) months and for such<br />
time as may be required under appropriate Federal or State law.<br />
26.5 Employees who have completed the probationary period shall be<br />
entitled to three (3) weeks of unpaid leave (15 working days) within a<br />
year of service for serious illnesses of spouse, domestic partner, child,<br />
parent, brother or sister. This leave shall be prorated for other than<br />
full-time employees. The <strong>Medical</strong> <strong>Center</strong> shall have the right to<br />
require verification of the illness from a health care professional.<br />
Employees with one year or more of service shall be granted a family<br />
leave program with benefits and eligibility for benefits as set forth in<br />
the Federal Family and <strong>Medical</strong> Leave Act of 1993 and the California<br />
Family Rights Act.<br />
26.6 An unpaid leave of one (1) week per year shall be granted to<br />
employees with one (1) or more years of continuous service, who<br />
request such leave.<br />
26.7 By reason of leave of absence, the employee shall not forfeit any<br />
accrued rights under this Agreement, but likewise, the employee<br />
shall not accrue any rights during such leave.<br />
26.8 When an employee returns to duty, in compliance with an authorized<br />
leave of absence, the employee shall be reinstated in the same<br />
classification in which she/he was employed before the employee's<br />
absence; but if conditions in the <strong>Medical</strong> <strong>Center</strong> have so changed that<br />
it would be unreasonable to reinstate the employee in the same<br />
41
classification, the <strong>Medical</strong> <strong>Center</strong> will reinstate him/her in a<br />
classification as nearly comparable to the employee's original<br />
classification as is reasonable under the circumstances.<br />
SECTION 27.<br />
HEALTH PROGRAM<br />
27.1 Through June 30, 2010, the <strong>Medical</strong> <strong>Center</strong> shall provide health<br />
insurance, with no monthly premiums for eligible employees,<br />
spouses, domestic partners, and their children to age 25 who are<br />
dependent as defined by Internal Revenue Service. Benefits will<br />
continue as provided under the previous Agreement between the<br />
<strong>Medical</strong> <strong>Center</strong> and the Union on the basis of the following<br />
apportionment of costs:<br />
(1) (Tier 1) Employee uses a physician who contracts for a fee<br />
schedule with the <strong>Medical</strong> <strong>Center</strong> and/ or uses <strong>Eden</strong> <strong>Medical</strong><br />
<strong>Center</strong> facilities. The <strong>Medical</strong> <strong>Center</strong> will then pay ninety<br />
percent (90%) of physician and/or <strong>Medical</strong> <strong>Center</strong> fees and the<br />
employee will pay the remainder.<br />
(2) (Tier 2) Employee uses a physician and/ or a <strong>Medical</strong> <strong>Center</strong><br />
affiliated with Sutter Select under Tier 2. The <strong>Medical</strong> <strong>Center</strong><br />
will then pay eighty percent (80%) of physician and/or <strong>Medical</strong><br />
<strong>Center</strong> fees and the employee will pay the remainder.<br />
(3) Employee uses a physician and/ or a <strong>Medical</strong> <strong>Center</strong> other than<br />
those described in (1) and (2) above. The <strong>Medical</strong> <strong>Center</strong> will<br />
then pay seventy percent (70%) of physician and/or <strong>Medical</strong><br />
<strong>Center</strong> fees and the employee will pay the remainder.<br />
27.2 EPO: Effective July 1, 2010, the <strong>Medical</strong> <strong>Center</strong> shall provide a fully<br />
paid Sutter Select EPO <strong>Medical</strong> and Vision benefit (VSP) for eligible<br />
employees, spouses, domestic partners and their children as defined<br />
in Paragraph 27.1.<br />
PPO: Effective July 1, 2010, the <strong>Medical</strong> <strong>Center</strong> shall provide a Sutter<br />
Select PPO premium healthcare coverage, including <strong>Medical</strong> and<br />
Vision benefit (VSP) for eligible employees, spouses, domestic<br />
partners and dependents as defined in Section 27.1. The Employer<br />
42
shall pay 85% of the premium cost of this Plan.<br />
An Open enrollment period shall be made available to employees<br />
and shall end no later than June 15, 2010.<br />
27.3 The <strong>Medical</strong> <strong>Center</strong> will continue to provide dental benefits for<br />
eligible employees, their spouses, domestic partners and their<br />
children as defined in Paragraph 27.1, as provided for under the<br />
previous Agreement between the <strong>Medical</strong> <strong>Center</strong> and the Union. The<br />
dental coverage maximum will increase to $2000 for all employees,<br />
their spouses, domestic partners, and their children as defined in<br />
Paragraph 27.1.<br />
27.4 An employee absent from work because of a job-related disability<br />
and eligible to receive Workers' Compensation benefits, or because of<br />
pregnancy disability, childbirth or related medical conditions, who<br />
has been covered up to the time of absence by the <strong>Medical</strong> <strong>Center</strong>'s<br />
health program, shall continue to be covered by the program during<br />
such absence for up to a maximum of twelve (12) months at <strong>Medical</strong><br />
<strong>Center</strong> expense.<br />
27.5 An employee absent from work because of a layoff shall continue to<br />
be covered under the <strong>Medical</strong> <strong>Center</strong>'s medical insurance program<br />
for whatever coverage the employee had prior to layoff (single<br />
person, spouse, domestic partner, or family), for up to 30 days of<br />
such layoff, at <strong>Medical</strong> <strong>Center</strong> cost.<br />
27.6 Physical examinations shall be given annually without charge.<br />
Examinations shall be given during the employee's regular shift<br />
where practical. In the event the <strong>Medical</strong> <strong>Center</strong> foresees it will not be<br />
practical to continue giving physical examinations on their shifts, the<br />
Union will be notified and the parties will discuss alternative<br />
methods.<br />
27.7 Pre-employment examinations shall be given on the employee's time,<br />
even if not given until after the employee is actively employed. Cost<br />
of pre-employment examinations shall be borne by the <strong>Medical</strong><br />
<strong>Center</strong>.<br />
43
27.8 An employee shall be notified of any unusual findings in physical<br />
examinations referred to in this Section and the employee's private<br />
physician shall be furnished with details thereof upon request.<br />
27.9 During the term of this agreement, the <strong>Medical</strong> <strong>Center</strong> will propose<br />
to the Union a health plan that provides benefits that, in the<br />
aggregate, are comparable to the benefits in the current plan and that<br />
could include domestic partner coverage. The Union shall be<br />
afforded an opportunity to engage in meaningful effects bargaining<br />
regarding the substitution. An alternative plan shall be implemented<br />
upon the mutual consent of the parties. Such consent shall not be<br />
unreasonably withheld.<br />
SECTION 28.<br />
GROUP INSURANCE<br />
28.1 Life insurance and accidental death and dismemberment insurance<br />
coverage according to the following schedule: five thousand dollars<br />
($5,000) plus one (1) times the employee's annual salary rounded up<br />
to the nearest one thousand dollars ($1000) to a maximum of one<br />
hundred and five thousand dollars ($105,000). The <strong>Medical</strong> <strong>Center</strong><br />
will pay the premium for such coverage. This coverage will be<br />
effective following completion of sixty (60) calendar days of<br />
continuous employment as a benefited employee. Special provisions<br />
apply to employees over age 65, as described in the group Term Life<br />
Insurance Certificate.<br />
SECTION 29.<br />
DISABILITY INSURANCE<br />
29.1 The <strong>Medical</strong> <strong>Center</strong> will provide Long-Term Disability Insurance to<br />
eligible regular benefited employees that will provide 50% of regular<br />
pay for a period of up to two years in the event of disability.<br />
SECTION 30.<br />
UNEMPLOYMENT COMPENSATION<br />
AND DISABILITY<br />
30.1 The <strong>Medical</strong> <strong>Center</strong> will provide coverage under the California<br />
Unemployment Compensation and Disability Law. The above<br />
coverage may be adjusted during the life of this Agreement in the<br />
44
event future legislation is enacted that is applicable to the <strong>Medical</strong><br />
<strong>Center</strong>.<br />
SECTION 31.<br />
RETIREMENT<br />
31.1 Effective January 1, 2007, the <strong>Medical</strong> <strong>Center</strong> will implement the<br />
Sutter Health Retirement Plan containing the two plan options: the<br />
Enhanced Cash Balance Design, and the Enhanced Traditional<br />
Pension Design. The <strong>Medical</strong> <strong>Center</strong> reserves the right to make<br />
modifications to or substitute the plans provided such changes do not<br />
differ in the level of benefits to employees. If the <strong>Medical</strong> <strong>Center</strong><br />
seeks to change the level of benefits provided, it will notify the union<br />
and no such change will be implemented without agreement of both<br />
parties.<br />
31.2 The Hospital's Retirement Income Plan as presently in effect shall<br />
continue until December 31, 2006, together with the benefit<br />
computation formula as established under the previous Agreement.<br />
The benefit computation formula will grant a yearly retirement<br />
benefit equal to 1.2% of an employee's average annual base wage,<br />
calculated on the employee's highest five (5) calendar years of<br />
earnings within the last ten (10) calendar years of employment,<br />
multiplied by years and months of credited service. In the event that<br />
the total of an employee's benefits accrued prior to July 1, 1979, under<br />
the Hospital's previous benefit formula exceed the total benefits for<br />
the same period computed under the new formula, the employee will<br />
be credited with the higher of the two computations for service prior<br />
to July 1, 1979.<br />
31.3 The <strong>Medical</strong> <strong>Center</strong> shall have the right to retire employees as it may<br />
see fit, who have attained an age established by applicable law as the<br />
earliest age permitted for mandatory retirement.<br />
31.4 Employees who retire from employment on and after July 1, 1987,<br />
and who are receiving payments under the <strong>Medical</strong> <strong>Center</strong>'s<br />
Retirement Income Plan, shall be entitled to have payments made by<br />
the <strong>Medical</strong> <strong>Center</strong> each month for their participation in the program<br />
for supplementary medical insurance benefits set forth in Part B of<br />
45
Medicare [42 U.S.C. Section 1395(j)], in the following amounts:<br />
For employees retiring on or<br />
after July 1, 1987 and before<br />
July 1, 1990<br />
For employees retiring on and<br />
after July 1, 1990<br />
$17.90 per month<br />
$28.60 per month<br />
31.5 Employees eligible for <strong>Medical</strong> <strong>Center</strong> payments shall provide such<br />
information as the <strong>Medical</strong> <strong>Center</strong> may require from time to time, in<br />
order to continue their eligibility for payments.<br />
31.6 Employees employed at Laurel Grove Hospital as of July 1, 1987 shall<br />
be covered under <strong>Eden</strong> Hospital's Retirement Income Plan on the<br />
following basis:<br />
(1) Employees will be credited with their years of service at Laurel<br />
Grove Hospital excluding any years for which they were<br />
covered by a pension plan provided by Laurel Grove Hospital<br />
prior to July 1, 1987. These credited years will be for purposes<br />
of establishing vesting only and will not establish the amount<br />
of retirement benefits.<br />
(2) Years of service to be used in calculating the amount of<br />
retirement benefits to be paid shall commence no earlier than<br />
July 1, 1987.<br />
31.7 The <strong>Medical</strong> <strong>Center</strong> will make available the Fidelity annuity plan or<br />
other tax sheltered annuity plan to employees for their voluntary<br />
contributions. The <strong>Medical</strong> <strong>Center</strong> shall pay the necessary set-up fee<br />
to initiate the plan, but shall have no obligation to make further<br />
contributions to the plan. Employee contributions shall be subject to<br />
the requirements set forth by Fidelity or the other provider.<br />
31.8 Retiree Health Care Account: Commencing January 1, 2010, the<br />
Retiree Health Care Account (RHCA) with the provisions outlined<br />
below will be available to eligible bargaining unit employees:<br />
(1) Eligibility - For all regular full-time and part-time employees at<br />
46
age 55 or older with 10 or more years of <strong>Medical</strong> <strong>Center</strong> service<br />
(floor/minimum); 1,000 hours =1 year of service = $1,000 for<br />
the employee's account.<br />
(2) Account Value<br />
(3) Examples<br />
Retirement<br />
Age<br />
Career Maximum in<br />
Account<br />
55 - 59 $20,000<br />
60+ $30,000<br />
Example 1: An employee who works until age sixty (60) and<br />
meets the eligibility criteria with 10 years of service in an<br />
eligible position will have $10,000 in health care account<br />
available to her or him at that time to pay for medical, dental,<br />
and/or vision premiums.<br />
Example 2: A person who works until age 60 thirty (30) or more<br />
years of service in an eligible position who meets the hours<br />
worked criterion will have a full $30,000 in health care account<br />
to him or her at retirement to pay for medical, dental and/or<br />
vision premiums.<br />
All other provisions of the relevant plan document shall<br />
govern.<br />
SECTION 32.<br />
SENIORITY<br />
32.1 Definition of Seniority. For those employees hired into a bargaining<br />
unit position, seniority shall be defined as the date of hire into a<br />
bargaining unit position covered by this Agreement.<br />
32.2 Seniority when Transferring from Another Bargaining Unit.<br />
Employees transferring into the bargaining unit who were previously<br />
employed by the <strong>Medical</strong> <strong>Center</strong> in a position represented by another<br />
Collective Bargaining Agreement shall be given seniority credit for<br />
such continuous service as they may have accrued under the terms of<br />
such other Collective Bargaining Agreement(s), providing the<br />
47
contract that the employee transfers from provides a reciprocal<br />
arrangement.<br />
32.3 Transfer from Another Sutter Health Affiliate. Employees who are<br />
hired by the <strong>Medical</strong> <strong>Center</strong> who were employed at another Sutter<br />
Health affiliate shall have their seniority with the previous facility<br />
recognized for the purposes of wage rates and benefit accruals, as<br />
provided by the <strong>Medical</strong> <strong>Center</strong>'s Inter-Affiliate Employment Policy.<br />
With regard to the application of seniority for other purposes (i.e.,<br />
layoffs and job bidding), an employee who is hired by the <strong>Medical</strong><br />
<strong>Center</strong> who was employed at another Sutter Health affiliate in a<br />
bargaining unit represented by SEIU shall be credited with his or her<br />
bargaining unit seniority from the previous facility, provided that<br />
other Sutter Health facility reciprocally recognizes the seniority of an<br />
employee from <strong>Eden</strong> <strong>Medical</strong> <strong>Center</strong> covered by the SEIU contract.<br />
32.4 Break in Seniority. Seniority will be broken by voluntary quit,<br />
discharge for cause or twelve (12) consecutive months of<br />
unemployment, except for leaves of absence.<br />
32.5 Laurel Grove. Employees whose employment commenced at Laurel<br />
Grove Hospital rather than at <strong>Eden</strong> <strong>Medical</strong> <strong>Center</strong> shall have<br />
seniority calculated from date of hire, but from no earlier than<br />
December 11, 1986, except in the case of determining seniority claims<br />
solely among employees at Laurel Grove Hospital. In such case, the<br />
dates of their employment at Laurel Grove Hospital shall be<br />
determinative.<br />
32.6 (a) Movement from Per Diem (formerly “On-Call”) Status: A Per<br />
Diem employee who is reclassified (has a status change to) as a<br />
Regular Full-time, Regular Part-time or Short Hour employee<br />
shall receive a seniority date of such employee's most recent<br />
date of continuous bargaining unit employment, including per<br />
diem employment.<br />
(b)<br />
Movement from Short Hour Status: A Short Hour employee<br />
who is reclassified (has a status change to) as a Regular Parttime<br />
employee shall receive a seniority date of such employee’s<br />
48
most recent date of continuous bargaining unit employment,<br />
including per diem employment.<br />
32.7 Seniority Credit after Transfer to Another Classification. If an<br />
employee is transferred to another classification, the employee will be<br />
credited with seniority in the new classification based on total<br />
seniority accumulated in all classifications covered by this<br />
Agreement; except for the purposes of Unit Seniority (e.g. job bidding<br />
seniority, vacation selection, days off selection). After transfer, an<br />
employee shall accumulate Unit seniority from the first day of<br />
employment in the unit until he/she has six (6) months of service in<br />
the new classification at which point, he/she will be credited with<br />
Unit Seniority based on total seniority accumulated in all<br />
classifications covered by this Agreement.<br />
32.8 Seniority Credit after Transfer to Another Lay Off Seniority Unit. If<br />
an employee is transferred to another layoff seniority unit in the<br />
same classification, the employee will be credited with seniority in<br />
the new unit based on total seniority accumulated in all units<br />
described in this Section, except for the purposes of Unit Seniority<br />
(e.g. job bidding seniority, vacation selection, days off selection).<br />
After transfer, an employee shall accumulate Unit seniority from the<br />
first day of employment in the unit until he/she has six (6) months of<br />
service in the new classification at which point, he/she will be<br />
credited with Unit Seniority based on total seniority accumulated in<br />
all classifications covered by this Agreement.<br />
32.9 Lay Off and Lay Off Seniority Units.<br />
32.10 (a) Layoff Defined:<br />
Temporary layoff is defined as layoff which is not expected to be<br />
more than fourteen (14) calendar days. Indefinite layoff is defined<br />
as a layoff which is uncertain in duration and is expected to be in<br />
excess of fourteen (14) days.<br />
Permanent layoff is defined as a layoff resulting from the<br />
abolishment of a department or classification or position where<br />
there is no reasonable expectation of recall; from the<br />
49
discontinuance of a service; or from any layoff in excess of six (6)<br />
months. Per Diem employees shall be the first to be laid off and<br />
the last to be recalled when there is reduction of the work force,<br />
and short-hour employees shall be next according to seniority to<br />
be laid off and recalled.<br />
32.11 (a) Application of Seniority for Layoff: Seniority by classification<br />
within each of the following listed "layoff seniority units" shall<br />
apply in cases of layoff and rehire, or reduction and restoration of<br />
hours, of regular full-time, regular part-time and short-hour<br />
employee who have completed probationary periods as described<br />
in Section 4, provided that where specialized work or skills is<br />
involved, in cases of layoff and rehire, the employee or employees<br />
remaining on the job or returning to work must be able to<br />
properly perform the work to be done.<br />
(b) Order of Layoff:<br />
1) Per Diem Employees by Date of Hire<br />
2) Short Hour Employees by Date of Hire<br />
3) Regular Part-Time and Regular Full-Time Employees by<br />
Date of Hire<br />
"Layoff seniority units" are:<br />
Service Unit:<br />
(1)<br />
Housekeeping,<br />
Linen Department<br />
(2)<br />
Dietary Department<br />
except for Cooks<br />
(3)<br />
Central Supply<br />
Department<br />
(4) Emergency Room<br />
(5)<br />
(6)<br />
Nursery & Delivery<br />
Room<br />
Psychiatric<br />
Department<br />
(7)<br />
(8)<br />
Physical Therapy<br />
Department<br />
<strong>Medical</strong>/Surgical<br />
Department, Pediatrics<br />
Department, Post Partum<br />
Department, Operating<br />
Room, Transitional Care<br />
<strong>Center</strong>, Transportation<br />
Department,<br />
Neuroscience, and<br />
Rehabilitation Unit<br />
(9) Cooks<br />
50
Clerical Unit:<br />
(1) Laboratory<br />
(2) <strong>Medical</strong> Records<br />
(3) Communications (PBX)<br />
(4) Radiology<br />
(5) Admitting, Outpatient Registration and ER Registration<br />
(6) All other clerical<br />
32.12 Creation of New Departments. When a new department is<br />
established, the parties will meet and confer over which transfer or<br />
layoff seniority unit the department will be placed in, or if the<br />
department shall be a new transfer or layoff seniority department.<br />
32.13 (a) Temporary Layoff Procedure. In the event that a layoff in a<br />
particular classification in a layoff seniority unit is expected by<br />
the <strong>Medical</strong> <strong>Center</strong> to last for fourteen (14) consecutive days or<br />
less, the layoff shall be by normal seniority procedures with the<br />
least senior employee on a layoff seniority unit shift who is<br />
subject to layoff having the right to displace the least senior<br />
employee with less seniority working on any following shifts in<br />
the same classification and layoff seniority unit. An employee<br />
will not suffer any loss in accrual of benefits for such a layoff.<br />
(b)<br />
Indefinite and Permanent Lay Off Procedure. If the layoff lasts<br />
for more than fourteen (14) days, the layoff shall be according<br />
to the procedure in Paragraph 32.11 above.<br />
32.14 Notice of Lay Off. The <strong>Medical</strong> <strong>Center</strong> will give the Union at least 10<br />
working day's notice of departments in which a permanent layoff<br />
may occur. Prior to any such reduction in force, the <strong>Medical</strong> <strong>Center</strong><br />
will meet with the Union to advise it of the reasons for the action and<br />
its impact. The Union may offer, for the <strong>Medical</strong> <strong>Center</strong>'s<br />
consideration, possible alternatives to the action.<br />
32.15 (a) Avoidance of Lay Offs. The <strong>Medical</strong> <strong>Center</strong> shall make every<br />
effort insofar as practicable to provide continued employment<br />
51
to employees and to avoid displacing employees through<br />
reductions in force, reduction in hours, daily cancellations or<br />
job eliminations on a temporary, indefinite, or permanent basis.<br />
When the <strong>Medical</strong> <strong>Center</strong>, due to changing conditions,<br />
determines that permanent reductions are necessary, the<br />
<strong>Medical</strong> <strong>Center</strong> will make every reasonable effort to make use<br />
of attrition, business growth, job matching, retraining and/or<br />
other mechanisms reasonably available to the <strong>Medical</strong> <strong>Center</strong> to<br />
minimize the impact of these reductions and to maximize its<br />
ability to offer continuing employment. The <strong>Medical</strong> <strong>Center</strong><br />
and the Union agree that cross training can be an effective<br />
mechanism to minimize the need for daily cancellations or<br />
short term or long term displacement and towards that end will<br />
implement cross training as described below in Sections 33.6<br />
and 33.7.<br />
(b)<br />
(c)<br />
Opportunities for Reassignment or Floating. The Parties agree<br />
that employees faced with displacement from their positions<br />
shall be given first consideration for reassignment or floating<br />
wherever possible in lieu of involuntary reduction. Daily<br />
cancellations and reduction of hours shall be handled in<br />
accordance with Sections 19.4(1); 19.4(2) and 32.10, and<br />
permanent lay-offs shall be handled in accordance with Section<br />
32.<br />
Opportunities in Cases of Permanent Lay Off. In the event of<br />
permanent layoff, the parties agree that employees faced with<br />
displacement from their positions shall be given first<br />
consideration for reassignment to a posted position in either of<br />
the bargaining units covered by this agreement at the <strong>Medical</strong><br />
<strong>Center</strong>, in accordance with seniority, in lieu of involuntary<br />
reduction. Employees facing permanent layoff may be placed in<br />
a posted available position for which the employee could be<br />
qualified within 90 days of the reduction through on-site<br />
training provided by the <strong>Medical</strong> <strong>Center</strong>, for positions that do<br />
not require licensing or certification. If no position is available<br />
for which the employee facing displacement is qualified, the<br />
52
employee shall be offered severance pay in accordance with<br />
Section 43, or may be placed on the Recall List. If the employee<br />
is placed in a new position, and does not competently perform<br />
the work of the new position within 90 days, the employee will<br />
not be eligible for the recall list but will be eligible for severance<br />
in accordance with Section 43. Employees placed in a new<br />
position shall receive the wage rate of the newly accepted<br />
position at the employee's current wage step, immediately<br />
upon placement in the new position, including the 90-day<br />
training program.<br />
In reference to the above provisions, it is not the intent of the<br />
parties to prefer less senior affected employees for vacancies or<br />
retraining obligations before more senior qualified employees.<br />
In such cases, the parties will fill vacancies for positions and<br />
retraining opportunities by seniority, as provided for by the<br />
terms of this Agreement, and then use vacant positions to back<br />
fill the lower seniority affected employee.<br />
(d)<br />
Recall Rights. Permanently laid off employees who decline the<br />
severance package will be placed on a recall list for a period of<br />
one year. Recall of employees to regular positions in a<br />
particular classification and department from a permanent<br />
layoff shall be by seniority, provided the employee returning to<br />
work meets the minimum qualifications at the time of recall.<br />
Laid off employees may be recalled to their previous position<br />
from which they were displaced or to a new position for which<br />
they may become qualified within 90 days with on the job<br />
training. Employees, who do not competently perform the<br />
work in the new position within 90 days, will not be returned to<br />
the recall list, but are eligible to receive severance in accordance<br />
with Section 43. If a benefited employee accepts a position<br />
which is less than FTE (full-time equivalent) component,<br />
he/she shall remain on the recall list until he/she is restored to<br />
his/her full FTE (full-time equivalent) component.<br />
53
SECTION 33.<br />
POSTING OF POSITIONS, TRANSFER,<br />
AND CROSS TRAINING<br />
33.1 Posting of Temporary and Permanent Vacancies. When a permanent<br />
vacancy, or a temporary vacancy scheduled to extend for thirty (30)<br />
or more days, or for three (3) or more weeks of vacation time, occurs<br />
in a job covered by this Agreement, such job vacancy shall be posted<br />
by the <strong>Medical</strong> <strong>Center</strong> for five (5) days before being filled to allow<br />
interested employees to make written application. During such five<br />
(5) day period, the <strong>Medical</strong> <strong>Center</strong> may make temporary assignments<br />
to the job. A job vacancy created by the transfer of an employee into<br />
another temporary vacancy shall not in turn be subject to posting.<br />
33.2 Permanent Vacancies. Employees of the <strong>Medical</strong> <strong>Center</strong> may bid on<br />
positions posted according to the procedures, which follow:<br />
In the case of a permanent full-time or regular part-time or short hour<br />
vacancy on the same shift or another shift, employees shall, upon<br />
written bid under 33.1 "Posting , of Temporary and Permanent<br />
Vacancies", be considered for the vacant position in the following<br />
order of seniority if they meet the qualifications of the job. Minimum<br />
qualifications shall appear on position postings.<br />
Regular employees from the same transfer seniority unit at the same<br />
facility including regular employees on layoff, and regular employees<br />
who remain on the recall list who have been laid off.<br />
Regular employees from other transfer seniority units and short-hour<br />
employees from the same transfer seniority units at the same facility,<br />
including such employees on layoff, and regular employees who<br />
remain on the recall list.<br />
Per Diem employees from the same transfer seniority unit at the same<br />
facility.<br />
Short-hour employees from other transfer seniority units at the same<br />
facility.<br />
Per Diem employees from other transfer seniority units at the same<br />
54
facility.<br />
Applicants who are former employees who left in good standing<br />
with not more than one (1) year's absence from the Employer.<br />
Other applicants. The <strong>Medical</strong> <strong>Center</strong> shall retain the full right to hire<br />
external candidates to fill vacancies, however, it shall grant<br />
preference in filling vacancies first to qualified candidates from other<br />
affiliates who work or worked in positions represented by the Union<br />
and second to qualified candidates from other affiliates over outside<br />
applicants.<br />
33.3 Supervisory Positions. In the event a vacancy in a supervisory job is<br />
not filled by an applicant from the same classification, interested<br />
candidates may make application and such application will be<br />
seriously and impartially considered by the <strong>Medical</strong> <strong>Center</strong> in the<br />
light of the applicant's merit, skill, ability and leadership qualities.<br />
Selection of a particular individual to fill such vacancy shall be at the<br />
sole discretion of the <strong>Medical</strong> <strong>Center</strong>.<br />
33.4 "Transfer seniority units" are:<br />
Service Unit:<br />
(1) Housekeeping, Linen Distribution, and Dietary (except<br />
for Cooks) Departments.<br />
(2) Central Supply Department.<br />
(3) Emergency Department.<br />
(4) Nursery and Delivery Room.<br />
(5) Psychiatric Department.<br />
(6) <strong>Medical</strong>/Surgical Department, Pediatrics Department,<br />
Post Partum Department, Operating Room, Physical<br />
Therapy Department, Transitional Care <strong>Center</strong>,<br />
Transportation Department, Neuroscience, and<br />
Rehabilitation Unit.<br />
(7) Cooks.<br />
55
Clerical Unit:<br />
(1) Laboratory<br />
(2) <strong>Medical</strong> Records<br />
(3) Communications (PBX)<br />
(4) Radiology<br />
(5) Admitting, Outpatient Registration and ER Registration<br />
(6) All other clerical<br />
33.5 Linen/ EVS Cross Training. The <strong>Medical</strong> <strong>Center</strong> will be allowed to<br />
offer cross-training to bargaining unit employees to work in linen<br />
distribution. Employees will volunteer for the cross-training and<br />
upon the successful completion of the training shall be eligible for<br />
listing as available for the work to be done. Employees who choose to<br />
be cross-trained will not be required to perform the linen distribution<br />
function in conjunction with their normal job duties. Employees who<br />
perform the linen duties shall continue to receive their regular rate of<br />
pay for all hours worked.<br />
33.6 Cross Training in Linen/Housekeeping/Dietary. Within 6 months of<br />
the effective date of this agreement, the <strong>Medical</strong> <strong>Center</strong> will initiate<br />
cross-training for employees in Linen Distribution, Housekeeping,<br />
and Dietary, based on assessed needs in each department as<br />
determined by the <strong>Medical</strong> <strong>Center</strong>. The purpose of the cross-training<br />
initiative is to fill short-term vacancies caused by vacations, sick leave<br />
or other similar absences of regular staff. Cross training shall be<br />
based on guaranteed availability, job performance, and the ability to<br />
become competent in the new position within three days of cross<br />
training. The provisions of this paragraph are limited to those<br />
employees who volunteer for such cross training, and will not be<br />
mandatory for any employee who chooses not to take advantage of<br />
the opportunity.<br />
33.7 Cross Training to Transport. Nursing Assistants who are currently<br />
assigned transport duties shall be grandfathered in the<br />
NA/Transport pool. Additional opportunities to be oriented and<br />
56
cross-trained for transport duties shall be made available to any<br />
Nursing Assistant who requests and is physically capable of<br />
performing transport duties. Such employees shall be offered<br />
available transport work on a voluntary basis, by seniority.<br />
33.8 Sutter Health Affiliate Inter-Affiliate Employment Policy. Effective<br />
upon ratification of the Agreement, The Sutter Health Affiliate Inter-<br />
Affiliate Employment Policy shall apply to eligible employees<br />
covered by this Agreement (see Section 32 above.)<br />
SECTION 34.<br />
NURSING ACUITY COMMITTEE<br />
34.1 Two Licensed Vocational Nurses will be added to the Nursing Acuity<br />
Committee to review nursing acuity issues at the <strong>Medical</strong> <strong>Center</strong>.<br />
SECTION 35.<br />
HEALTH AND SAFETY<br />
35.1 It is the responsibility of the <strong>Medical</strong> <strong>Center</strong> to provide safe and<br />
healthy working conditions. Toward that end, the <strong>Medical</strong> <strong>Center</strong><br />
agrees to make every reasonable effort to ensure acceptable working<br />
conditions and to provide appropriate standards of workplace<br />
sanitation, ventilation, cleanliness, light, noise control, adequate<br />
heating and air conditioning, and health and safety in general. The<br />
<strong>Medical</strong> <strong>Center</strong> further agrees to comply with all applicable local,<br />
state and federal health and safety laws and regulations.<br />
SECTION 36.<br />
SAFETY COMMITTEE<br />
36.1 Two (2) members of the <strong>Medical</strong> <strong>Center</strong> Safety Committee shall be<br />
employees in the unit covered by this Agreement and shall be<br />
designated by the Union. In the absence of any such member, the<br />
Union may designate a replacement. Any member designated by the<br />
Union shall serve on the Committee for a maximum of six<br />
consecutive months in any 24-month period and designations shall<br />
be rotated among all departments covered by this Agreement.<br />
36.2 Upon request, the Union shall be supplied with a copy of the <strong>Medical</strong><br />
<strong>Center</strong>'s safety manual.<br />
57
SECTION 37.<br />
STAFFING COMMITTEE<br />
37.1 Patient Care and Staffing<br />
The Employer and the Union agree that quality patient care and an<br />
appropriate working environment require adequate staffing (which<br />
includes clinical, clerical, technical and service staff), and that staffing<br />
levels within all departments vary with census, acuity, shift, the<br />
specialization of various areas, changes in the specialization of the<br />
units, structural changes in delivery of patient services and<br />
qualitative change in average acuity. There shall be a Staffing<br />
Committee comprised of up to six (6) bargaining unit employees<br />
selected by the Union and up to six (6) representatives of the <strong>Medical</strong><br />
<strong>Center</strong> selected by the Employer. In addition to the six (6) from each<br />
side, both a Union staff representative and a Human Resources<br />
representative may participate in the Staffing Committee meetings.<br />
The parties may mutually agree to expand the number of<br />
representatives as the need may arise.<br />
Staffing levels and patient services delivery method may be reviewed<br />
by the Staffing Committee. Proposed changes in staffing levels (i.e.,<br />
changes in matrices and changes in the number of positions staffed in<br />
units that do not use matrices), changes in staffing, if any due to the<br />
implementation of the Electronic <strong>Medical</strong> Records (EMR) and<br />
changes in patient service delivery methods that are mandatory<br />
subjects of bargaining shall be submitted to the Staffing Committee at<br />
least thirty (30) days in advance of the proposed change; except that<br />
changes due to the implementation of the EMR shall be submitted to<br />
the Patient Care and Staffing Committee at least six (6) months in<br />
advance of the proposed change.<br />
37.2 Meetings<br />
The Staffing Committee is guaranteed one meeting a month,<br />
provided five (5) days notice is given by the moving party, along<br />
with an oral or written proposed agenda. Authorized employee<br />
representatives will be granted time off to attend Staffing Committee<br />
meetings, provided they have given their supervisors at least five (5)<br />
days notice. When an employee cannot be granted the requested time<br />
off due to staffing requirements, the committee meeting may be<br />
58
escheduled within five (5) days at the discretion of the Union.<br />
Additional meetings in a given month may be arranged and<br />
scheduled by mutual agreement.<br />
37.3 Compensation<br />
Employee representatives on the Staffing Committee shall be<br />
compensated at straight-time for attendance at Staffing Committee<br />
meetings. The Employer will allow four (4) hours per month of paid<br />
time for each employee member of the Staffing Committee to attend<br />
Staffing Committee meetings.<br />
37.4 Information Requests<br />
Upon request of a member of the Staffing Committee, the Staffing<br />
Committee shall be provided with all relevant information related to<br />
the subject matter in this Section under discussion.<br />
37.5 Review Committee<br />
At the request of either party, a difference of opinion between the<br />
representatives of the Staffing Committee regarding staffing levels, a<br />
proposed change in staffing levels or the patient services delivery<br />
method shall be referred to the Review Committee. If either party<br />
jointly or individually has determined that the process has<br />
stalemated (in its own discretion), the issue may be unilaterally sent<br />
to the Review Committee. The Review Committee will be the<br />
exclusive means for resolving any such differences of opinion and<br />
shall be composed of:<br />
(a)<br />
(b)<br />
The President of the Union or designee and one (1) Union<br />
member of the Staffing Committee.<br />
Two (2) members of the <strong>Medical</strong> <strong>Center</strong>'s management team.<br />
37.6 Review Committee Meetings<br />
A meeting shall be held within ten (10) days of the referral, unless the<br />
Review Committee mutually agrees otherwise. The purpose of the<br />
meeting will be to jointly review the original problem presented by<br />
the Staffing Committee, together with a summary of the information<br />
exchanged between the parties on the problem or change proposed<br />
59
since its original presentation and to begin joint explorations leading<br />
to resolution of the matter. The recommendation of the Review<br />
Committee shall be reached within thirty (30) days of the Staffing<br />
Committee's last meeting regarding the issue.<br />
37.7 Dispute Resolution: Neutral Third Party<br />
In the event the Review Committee is unable to reach agreement on a<br />
recommendation by the timeline set forth above, a mutually agreed<br />
upon third party neutral may be brought in to join the committee. In<br />
the event the Review Committee remains unable to resolve the issue,<br />
the third-party neutral shall decide the final resolution which will be<br />
implemented. In reaching resolution, the third-party neutral must<br />
issue an award that meets the standards in the Solucient Action O I,<br />
top 25 th percentile national benchmarking standards for the<br />
appropriate department in question, and also take into account<br />
information regarding area and quality care standards regarding<br />
staffing, other applicable state and federal laws, physician<br />
recommendations regarding quality of care, business needs, and any<br />
other relevant information presented by the parties. In the case of<br />
disputes arising out of the implementation of EMR, the third party<br />
neutral shall have the authority to determine the reasonableness of<br />
each party’s position in fashioning a decision. For those applicable<br />
licensed classifications, the neutral third party's award shall be in<br />
compliance with AB 394. In making a final decision on the issue<br />
presented to the Review Committee, based on the information<br />
presented by the parties, the neutral third party will be acting as a<br />
labor arbitrator, and the decision will be treated as final and binding<br />
by the parties. Either the Union or the <strong>Medical</strong> <strong>Center</strong> may seek to<br />
vacate the decision pursuant to applicable state or federal law. The<br />
neutral-third party shall issue his or her award within thirty (30) days<br />
of joining the committee.<br />
37.8 Selection and Qualifications of Neutral Third Party<br />
Unless the parties agree otherwise, the third party neutral shall be<br />
selected by alternate striking (first strike determined by lot) from one<br />
of the following five (5) persons:<br />
a. Tom Angelo<br />
60
. Boren Chertkov<br />
c. Ken Silbert<br />
d. Lou Zigman<br />
e. David Nevins<br />
37.9 Implementation of Changes in Staffing or Patient Services Delivery<br />
Methods<br />
Notwithstanding this process, the <strong>Medical</strong> <strong>Center</strong> may implement a<br />
proposed staffing level change or patient services delivery method<br />
that is a mandatory subject of bargaining either upon agreement with<br />
the Union if the neutral third party has not issued his or her award<br />
within thirty (30) days of joining the committee, or following sixty<br />
(60) days after it is proposed by the <strong>Medical</strong> <strong>Center</strong> if a neutral third<br />
party is not going to be issuing an award on this proposed change.<br />
The parties agree that any staffing level change that is implemented<br />
by the <strong>Medical</strong> <strong>Center</strong> pursuant to this subsection that has not been<br />
agreed to by the Union is subject to being reversed on a prospective<br />
basis by the neutral's award under Section 37.7 above.<br />
37.10 Limitation on Number of Awards<br />
The Union may seek a final and binding decision from a third-party<br />
neutral under this Section of the contract no more than two times per<br />
anniversary year of the contract and each such decision shall cover no<br />
more than a single proposed staffing level or patient services delivery<br />
change; except that the Union may refer any and all disputes arising<br />
due to the proposed implementation of EMR, and the request for<br />
dispute resolution may include multiple staffing or patient care<br />
issues.<br />
37.11 Electronic <strong>Medical</strong> Records<br />
Changes due to the implementation of EMR that are mandatory<br />
subjects of bargaining shall be referred to the Patient Care and<br />
Staffing Committee at least six (6) months in advance of any<br />
proposed change.<br />
37.12 Implementation of Staffing Ratios<br />
61
Changes in staffing ratios may be referred to the Staffing Committee.<br />
SECTION 38.<br />
VACCINE<br />
38.1 Hepatitis B Vaccine shall be made available free of charge to the<br />
following groups of employees - housekeeping, central supply and<br />
nursing - at the employee's request, subject to review by the infection<br />
control nurse.<br />
SECTION 39.<br />
EDUCATIONAL LEAVE<br />
39.1 Regular employees shall be entitled to forty (40) hours' leave with<br />
pay each year following completion of one (1) year of service, to<br />
attend courses, institutes, workshops or classes of a job-related<br />
educational nature provided:<br />
1) The employee shall apply in writing four (4) weeks in advance or<br />
within three (3) days of the date on which the nursing office<br />
posted the notice of the particular educational program,<br />
whichever is later, specifying the course, institute, workshop or<br />
class he or she wishes to attend.<br />
2) The employee obtains permission from his or her supervisor to<br />
attend.<br />
3) Such leave shall not unduly interfere with staffing.<br />
4) Such leave is job-related or relates to a job or jobs to which the<br />
employee can expect to transfer or be promoted in the usual<br />
course of eligibility.<br />
39.2 In computing said forty (40) hours, time away from the employee's<br />
job at the <strong>Medical</strong> <strong>Center</strong> is counted rather than time spent at the<br />
class or lecture, etc.<br />
39.3 Permission for such job-related educational leave will not be<br />
unreasonably denied. The <strong>Medical</strong> <strong>Center</strong> shall give written notice to<br />
the employee within fifteen (15) days of the employee's application as<br />
to whether it is approved or not.<br />
62
39.4 Educational leave shall be granted in increments of one (1) hour or<br />
more, provided that the leave either commences with the start of the<br />
employee's shift or continues to the end of the employee's shift.<br />
Educational leave shall not be applicable to educational programs<br />
given at the <strong>Medical</strong> <strong>Center</strong>; however, an employee desiring to attend<br />
a program that is job-related, which is given during the employee's<br />
working hours, will be allowed to do so without a reduction in pay,<br />
provided the program is not also scheduled to be given at a time<br />
outside the employee's working hours and provided further that the<br />
employee requests to attend, and staffing, in the judgment of the<br />
employee's supervisor, permits attendance.<br />
39.5 An eligible employee who chooses not to make application for jobrelated<br />
educational leave waives it for that year. If such employee<br />
requests job-related educational leave and does not receive it in a<br />
particular year for which he or she is qualified, the employee may<br />
accumulate it for the following year. If the <strong>Medical</strong> <strong>Center</strong> wishes the<br />
employee to engage in an outside educational program, the <strong>Medical</strong><br />
<strong>Center</strong> and the employee may mutually agree that this is charged<br />
against the employee's job-related educational leave. If the employee<br />
declines to engage in such educational program, the <strong>Medical</strong> <strong>Center</strong><br />
has the option to withdraw the request or to require the employee to<br />
engage in such program, in which event it is not charged against his<br />
or her job-related educational leave.<br />
Regular employees may carry-over a maximum of five (5) days<br />
Education Leave in any year in which such leave was requested but<br />
which the <strong>Medical</strong> <strong>Center</strong> was unable to grant. Such accumulated<br />
leave shall not extend beyond the immediate next year, and total<br />
Education Leave shall not exceed ten (10) days in any one -year.<br />
39.6 The employee shall be required by the <strong>Medical</strong> <strong>Center</strong> to make a<br />
report on such job-related educational leave activity and give<br />
evidence of satisfactory attendance.<br />
SECTION 40.<br />
IN-SERVICE PROGRAMS<br />
40.1 In-service medical/surgical programs will be made available to<br />
63
LVN's and shall be open to participation by LVN's upon request, at<br />
the <strong>Medical</strong> <strong>Center</strong>'s designation.<br />
SECTION 41.<br />
STUDENTS AND TRAINEES<br />
41.1 The presence of students or trainees at the <strong>Medical</strong> <strong>Center</strong> shall not<br />
result in the reduction of work hours of any employee covered by<br />
this Agreement.<br />
SECTION 42.<br />
BULLETIN BOARD<br />
42.1 The <strong>Medical</strong> <strong>Center</strong> shall provide to the Union bulletin boards for the<br />
purposes of posting notices and other relevant Union material in the<br />
following area:<br />
<br />
Existing bulletin Board on the ground floor of the <strong>Medical</strong><br />
<strong>Center</strong> adjacent to the cafeteria<br />
42.2 The Union will provide a copy of postings to Human Resources at or<br />
about the same time (i.e. within two hours) of its posting. Such notice<br />
will remain posted for a reasonable time commensurate with its<br />
purpose. The <strong>Medical</strong> <strong>Center</strong> may remove a bulletin that a reasonable<br />
person would find offensive, for example because it is inflammatory,<br />
derogatory, or involves a personal attack.<br />
42.3 The Union bulletin boards adjacent to the cafeteria shall be<br />
designated as a Union bulletin board and shall be equipped with<br />
protective covering. Keys to the Bulletin Board shall be furnished to<br />
the Chief Steward(s).<br />
SECTION 43.<br />
SEVERANCE PAY<br />
43.1 Regular employees who are permanently laid off as a result of a<br />
reduction in force shall be entitled to severance pay in the following<br />
amount, provided they choose to waive all further seniority rights to<br />
reinstatement to their jobs:<br />
6 months to 4 years of service 2 weeks pay<br />
64
5-9 years of service 3 weeks pay<br />
10-14 years of service 4 weeks pay<br />
15-19 years of service 6 weeks pay<br />
20-24 years of service 7 weeks pay<br />
25-29 years of service 8 weeks pay<br />
Thereafter, one additional week of pay for each succeeding five-year<br />
increment. To qualify for severance pay, the employee must sign a<br />
waiver of reinstatement rights within 30 days of the commencement<br />
of the layoff.<br />
SECTION 44.<br />
MERGER, SALE OR CLOSURE<br />
44.1 In the event of a merger, sale, closure, leasing assignment,<br />
divestiture, or other-transfer of ownership of the <strong>Medical</strong> <strong>Center</strong> or<br />
one of its patient care facilities in which represented employees work,<br />
the Employer shall comply with the following:<br />
1) Notification. The Employer shall notify the Union in writing at<br />
least ninety (90) days prior to taking any action described in the<br />
preceding paragraph, except <strong>Medical</strong> <strong>Center</strong> closure for which<br />
six (6) months advance notice is required.<br />
2) Successor. This Agreement shall be binding upon the Union<br />
and the Employer or any successor thereof whether the<br />
succession be by any of the means described above as it applies<br />
to the business of the Employer, in whole or in part, or to any<br />
change in management companies.<br />
3) Conditions and Liabilities. In the event the Employer desires to<br />
sell or otherwise, transfer the establishment or engage in any<br />
other future acts set forth above and covered by this<br />
Agreement, it shall be a condition of the sale and/ or transfer<br />
and inserted into any agreement of sale or management<br />
contract that this collective bargaining agreement and all its<br />
65
obligations thereof shall be binding upon any purchaser or<br />
transferee, except the purchaser or transferee may offer<br />
comparable benefit plans in lieu of the <strong>Medical</strong> <strong>Center</strong>'s plans.<br />
Prior to taking any action described in this provision, the<br />
Employer shall comply with all its legal and contractual<br />
obligations regarding the compensation and payment due and<br />
owing to the employees or the Union.<br />
4) Change of Name: In the event <strong>Eden</strong> <strong>Medical</strong> <strong>Center</strong> engages in<br />
a mere name change not involving a transaction covered under<br />
44.1 (1), if the Agreement is unexpired, the <strong>Medical</strong> <strong>Center</strong> shall<br />
maintain all terms and conditions of the Agreement. In the<br />
event the Agreement is expired at the time of the name change,<br />
the <strong>Medical</strong> <strong>Center</strong> shall maintain the status quo set by the<br />
terms and conditions of the Agreement, subject to parties’<br />
bargaining rights and obligations at that time.<br />
SECTION 45.<br />
UNION REPRESENTATIVE<br />
45.1 The Field Representative or qualified representative of the Union<br />
shall be allowed to visit the <strong>Medical</strong> <strong>Center</strong> for the purpose of<br />
ascertaining whether or not this Agreement is being observed. This<br />
privilege shall be exercised reasonably.<br />
45.2 The Field Representative or qualified representative of the Union<br />
shall report to a designated management official when entering the<br />
<strong>Medical</strong> <strong>Center</strong> and such representative shall not interfere with the<br />
normal conduct of work in the <strong>Medical</strong> <strong>Center</strong>.<br />
45.3 The Union representative conferring with employees and Shop<br />
Stewards will do so only upon their own free time and in public areas<br />
within the <strong>Medical</strong> <strong>Center</strong>, such as the cafeteria or in designated nonwork<br />
areas.<br />
45.4 The Shop Steward shall perform his/her functions outside of his/her<br />
working hours on his/her own time. The Shop Steward shall not<br />
direct any employee how to perform or not perform the employee's<br />
work; shall not countermand the order of any supervisor; and shall<br />
66
not interfere with the normal operations of the <strong>Medical</strong> <strong>Center</strong> or any<br />
other employee. His/her activities as a Shop Steward shall in no way<br />
interfere with his/her assigned duties as an employee.<br />
45.5 The <strong>Medical</strong> <strong>Center</strong> will pay up to 12 hours per bargaining unit<br />
(service and clerical separately) per month to allow stewards to<br />
attend the monthly steward council meeting, training and other<br />
Union-sponsored meetings. Hours shall be taken out of the overall<br />
education leave allocation made available to all employees and<br />
administered as education leave.<br />
45.6 Notices which the Union desires to be posted on <strong>Medical</strong> <strong>Center</strong><br />
bulletin boards shall be submitted to the <strong>Medical</strong> <strong>Center</strong> for<br />
approval.<br />
45.7 The Union will designate its Bargaining Committee in compliance<br />
with the National Labor Relations Act. The <strong>Medical</strong> <strong>Center</strong> shall pay<br />
up to twenty-four (24) hours per bargaining unit (service and clerical<br />
separately) per campus of paid release time for each contract<br />
bargaining session. If the Union wants more than this designated<br />
number of hours, it shall be responsible for the lost time. The<br />
Employer will make every reasonable effort to ensure that bargaining<br />
team members are released. The compensation to be paid to a.<br />
committee person by the <strong>Medical</strong> <strong>Center</strong> for work days missed shall<br />
include the employee's wages, differentials, payment of health and<br />
dental premiums, PTO/ESL accruals, seniority accrual, and any<br />
coverage for which the employee is otherwise eligible. The Union<br />
shall notify the <strong>Medical</strong> <strong>Center</strong> at least one (1) week in advance of the<br />
first negotiating meeting of the names of the committee persons and,<br />
in the event of changes in the committee after the first meeting, the<br />
Union shall notify the <strong>Medical</strong> <strong>Center</strong> at least twenty-four (24) hours<br />
prior to any meeting of any changes in the committee for such<br />
meeting. Each of the committee members designated by the Union<br />
shall be from a different department of the <strong>Medical</strong> <strong>Center</strong>. The<br />
Union will exercise its best efforts to ensure that alternates will be<br />
from the affected departments.<br />
45.8 Within two (2) weeks of appointing any shop steward, the union will<br />
67
notify the <strong>Medical</strong> <strong>Center</strong> of such appointment so that the <strong>Medical</strong><br />
<strong>Center</strong> will be aware of the employee’s authorization to act as shop<br />
steward.<br />
SECTION 46.<br />
GRIEVANCE PROCEDURE AND<br />
ARBITRATION<br />
46.1 Step One: Any problem arising in connection with the application or<br />
interpretation of the provisions of this agreement, including the<br />
problems of discharge or layoff, which cannot be amicably adjusted<br />
between an employee of the <strong>Medical</strong> <strong>Center</strong> and the department<br />
Director, or such other person as the <strong>Medical</strong> <strong>Center</strong> may designate,<br />
shall be reduced to writing, signed by the employee or Union<br />
representative, and submitted to the Human Resources Director<br />
within thirty (30) days of the alleged occurrence giving rise to the<br />
grievance.<br />
46.2 Step two: Within seven (7) days of receipt of the written grievance by<br />
the <strong>Medical</strong> <strong>Center</strong>, the parties shall meet and attempt to resolve the<br />
matter. The Human Resources Director or designee shall respond in<br />
writing within fifteen (15) days of the meeting.<br />
46.3 Step Three: If the grievance is not resolved in Step two above, the<br />
Union may submit the matter in writing to the <strong>Medical</strong> <strong>Center</strong><br />
Administrator within thirty (30) days of the step two meeting. Within<br />
seven (7) days of receipt of the written submission to Step 3, the<br />
parties shall meet and attempt to resolve the matter. The <strong>Medical</strong><br />
<strong>Center</strong> Administrator or designee shall respond in writing within<br />
fifteen (15) days of the meeting.<br />
46.4 Arbitration: If the grievance is not resolved in step three above, the<br />
union may submit the matter in writing to arbitration within thirty<br />
(30) days of the Step three meeting.<br />
The request for arbitration shall be sent to the director of Human<br />
Resources.<br />
46.5 Upon receipt of a timely, written request, the Union and the <strong>Medical</strong><br />
<strong>Center</strong> shall select an impartial third party to be the arbitrator to hear<br />
68
and determine the issues. The decision of the arbitrator shall be final<br />
and binding on all parties, subject to the limitations of jurisdiction<br />
and authority contained in 46.6 below. In the event the parties cannot<br />
agree on the selection of an impartial third party, they shall request a<br />
list of arbitrators from the American Arbitration Association and/or<br />
the Federal Mediation and Conciliation Service. The parties shall<br />
alternately strike names from such list until one name remains, which<br />
person shall be the Arbitrator.<br />
46.6 The arbitrator shall have no power to add to, subtract from, or to<br />
change any of the terms or provisions of this agreement. Jurisdiction<br />
shall extend solely to claims of violation of specific written provisions<br />
of the agreement and involve only the interpretation and application<br />
of such agreement. The decision and award shall be based upon the<br />
joint submission agreement of the parties or, in the absence thereof,<br />
the questions raised by the parties with respect to the specific<br />
interpretation and application of the agreement.<br />
46.7 If the <strong>Medical</strong> <strong>Center</strong> fails to meet any of the foregoing time limits,<br />
the Union shall have the right to move the problem directly to a<br />
request for arbitration. If the Union fails to meet any of the foregoing<br />
time limits, the grievance shall be considered waived. Any time limits<br />
may be extended by mutual agreement, set forth in writing and<br />
signed by the parties.<br />
46.8 Each party shall bear all the expenses of its own witnesses. The fee of<br />
the Arbitrator, as well as other expenses connected with the formal<br />
hearing, shall be borne equally by both parties.<br />
46.9 The parties agree to furnish in a timely manner information<br />
requested by the other party related to a particular grievance,<br />
consistent with the requirements of state and federal law. The parties<br />
agree that information requests shall be either made or confirmed in<br />
writing by the requesting party.<br />
SECTION 47.<br />
WORK REDESIGN<br />
47.1 Work redesign is defined as any modification in the current system of<br />
69
patient care delivery affecting job responsibilities and requiring a<br />
change to a job description. Prior to the implementation of any work<br />
redesign involving bargaining unit employees, the <strong>Medical</strong> <strong>Center</strong><br />
shall follow the provisions in paragraph 11.20 and 11.21. If necessary,<br />
any program involving work redesign shall include a provision for<br />
the training of bargaining unit employees to meet minimum<br />
qualifications with the costs to be borne by the <strong>Medical</strong> <strong>Center</strong>.<br />
47.2 Any position created as a result of work redesign which includes<br />
duties previously performed by bargaining unit employees shall be<br />
subject to the following criteria:<br />
1) If one-half (½) or more of the duties included in the new<br />
position as evidenced by percentages of time shown on job<br />
descriptions as required by the Joint Commission, were<br />
previously performed by bargaining unit employees, the<br />
position shall automatically be included in the bargaining unit.<br />
2) If less than one-half (½) of the duties included in the new<br />
position were previously performed by bargaining unit<br />
employees, the <strong>Medical</strong> <strong>Center</strong> and Union, at the request of<br />
either party, shall meet and confer on whether the position<br />
should be included in the bargaining unit.<br />
3) In the event differences of opinion involving inclusion of new<br />
positions in the bargaining unit cannot be resolved by meeting<br />
and conferring, the Union shall have the right to submit such<br />
differences to the Management Committee of the Board of<br />
Directors of the <strong>Medical</strong> <strong>Center</strong> for final determination.<br />
SECTION 48.<br />
CAREER OPPORTUNITIES<br />
48.1 The <strong>Medical</strong> <strong>Center</strong> will provide for an Educational Assistance<br />
Tuition Reimbursement plan available to all benefit eligible<br />
employees who have completed one (1) year of continuous<br />
employment and have a satisfactory performance review rating.<br />
Covered expenses: 100% Of Tuition, fees and textbooks for qualified<br />
courses are covered according to the following provisions:<br />
70
Advance approval and successful completion are required before<br />
reimbursement of costs covered under this part of the plan will be<br />
made.<br />
Reimbursement may not exceed $1,200 per twelve (12) month period.<br />
48.2 Training And Upgrade: <strong>Eden</strong> agrees to maintain a Training and<br />
Upgrade Fund in which it will contribute at least .25% of gross<br />
payroll of SEIU represented employees of the <strong>Medical</strong> <strong>Center</strong> which<br />
is reconciled at the end of each calendar year. The training fund shall<br />
be jointly administered by three (3) representatives chosen by the<br />
Union and three (3) representatives chosen by the Employer. At least<br />
one of the Union's representatives may be, at the Union's sole<br />
discretion, a SEIU staff representative. The Employer will continue to<br />
pay all SEIU represented employees who are employed by <strong>Eden</strong><br />
<strong>Medical</strong> <strong>Center</strong> and who serve as administrators of the fund for time<br />
spent in the administrative meetings of the fund, up to their<br />
scheduled FTE (full-time equivalent) hours.<br />
48.3 The purpose of the fund shall be to provide extensive training and<br />
retraining opportunities, including reduced work schedules,<br />
childcare, adult basic education, and other training programs that<br />
will enable <strong>Eden</strong> <strong>Medical</strong> <strong>Center</strong> employees to pursue enhanced<br />
career opportunities with <strong>Eden</strong> <strong>Medical</strong> <strong>Center</strong>. <strong>Eden</strong> <strong>Medical</strong> <strong>Center</strong><br />
agrees to bear all administrative costs to the program(s) and the .25%<br />
annual contribution. The administrative costs will be paid from the<br />
training fund. It is the intent of the parties that the fund is to be fully<br />
expended each year. Additionally, it is the intent of the parties to<br />
create no unnecessary impediments to access by the employees to<br />
these funds.<br />
For the year 2009 only, the monies remaining in the fund at the end of<br />
the year shall be rolled-over into the 2010 funds so long as the<br />
<strong>Medical</strong> <strong>Center</strong> and the Union agree on the criteria for disbursement<br />
no later than December 31, 2009. The parties agree to meet and<br />
discuss the criteria a minimum of four (4) times prior to December 15,<br />
2009. The meetings shall be at reasonable times mutually agreed<br />
upon by the parties.<br />
71
Decisions by the jointly administered fund shall be by consensus and<br />
if consensus cannot be reached, the committee members will vote,<br />
with representatives from both parties voting in equal numbers.<br />
SECTION 49.<br />
STANDARDS PRESERVED<br />
49.1 The parties agree that they do not intend that any employee shall<br />
suffer any unanticipated loss of benefits, economic or otherwise, as a<br />
result of this agreement, but the parties acknowledge that the new or<br />
revised terms of this agreement will result in modifications and<br />
changes to the benefits provided to the employees and that these<br />
changes are not to be affected by this provision.<br />
SECTION 50.<br />
NO STRIKE OR LOCKOUT<br />
50.1 There shall be no strike, slowdown, or other stoppage of work by<br />
Union employees and no lockout by the <strong>Medical</strong> <strong>Center</strong> during the<br />
life of this Agreement.<br />
72
APPENDIX A:<br />
30SE<br />
Effective 12/20/09<br />
WAGE SCALES<br />
Clerical Unit 12/20/09 thru 12/19/10<br />
Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9<br />
Van Driver 1 $13.86 $14.28 $14.71 $15.14 $15.60 $16.07 $16.55 $17.05 $17.56<br />
Mail Clerk Trainee 2 $14.76 $15.20 $15.66 $16.13 $16.61 $17.11 $17.63 $18.15 $18.70<br />
Vacant 3<br />
Vacant 4<br />
<strong>Medical</strong> Records Clerk I 4A $17.85 $18.39 $18.93 $19.50 $20.09 $20.69 $21.31 $21.95 $22.61<br />
<strong>Medical</strong> Records Assistant 5 $16.95 $17.47 $17.99 $18.53 $19.09 $19.66 $20.25 $20.86 $21.49<br />
<strong>Medical</strong> Records Clerk II 5A $18.59 $19.15 $19.72 $20.31 $20.92 $21.55 $22.20 $22.87 $23.55<br />
Admin. Assistant I 6 $17.63 $18.17 $18.72 $19.27 $19.85 $20.45 $21.06 $21.69 $22.34<br />
Admin. Clerk 6 $17.63 $18.17 $18.72 $19.27 $19.85 $20.45 $21.06 $21.69 $22.34<br />
Unit Secretary I 6 $17.63 $18.17 $18.72 $19.27 $19.85 $20.45 $21.06 $21.69 $22.34<br />
<strong>Medical</strong> Records Clerk 6A $19.33 $19.91 $20.51 $21.13 $21.76 $22.41 $23.08 $23.78 $24.49<br />
Acuity Auditor 7 $18.45 $19.00 $19.58 $20.17 $20.76 $21.39 $22.03 $22.69 $23.37<br />
Admin. Assistant II 7 $18.45 $19.00 $19.58 $20.17 $20.76 $21.39 $22.03 $22.69 $23.37<br />
Courier/Storekeeper 7 $18.45 $19.00 $19.58 $20.17 $20.76 $21.39 $22.03 $22.69 $23.37<br />
Department Secretary/Recept. 7 $18.45 $19.00 $19.58 $20.17 $20.76 $21.39 $22.03 $22.69 $23.37<br />
Histology Assistant 7 $18.45 $19.00 $19.58 $20.17 $20.76 $21.39 $22.03 $22.69 $23.37<br />
<strong>Medical</strong> Records Assistant II 7 $18.45 $19.00 $19.58 $20.17 $20.76 $21.39 $22.03 $22.69 $23.37<br />
PBX/Mail Clerk 7 $18.45 $19.00 $19.58 $20.17 $20.76 $21.39 $22.03 $22.69 $23.37<br />
PBX/Mail Tech Specialist 7 $18.45 $19.00 $19.58 $20.17 $20.76 $21.39 $22.03 $22.69 $23.37<br />
Transcription/Coding Auditor 7 $18.45 $19.00 $19.58 $20.17 $20.76 $21.39 $22.03 $22.69 $23.37<br />
<strong>Medical</strong> Records Clerk III 7A $20.23 $20.84 $21.45 $22.10 $22.76 $23.44 $24.15 $24.87 $25.63<br />
Admin. Asst - Phys Med I 8 $19.38 $19.96 $20.56 $21.18 $21.82 $22.47 $23.14 $23.83 $24.56<br />
Admin. Assistant III 8 $19.38 $19.96 $20.56 $21.18 $21.82 $22.47 $23.14 $23.83 $24.56<br />
Admitting Representative 8 $19.38 $19.96 $20.56 $21.18 $21.82 $22.47 $23.14 $23.83 $24.56<br />
Dept. Secretary I 8 $19.38 $19.96 $20.56 $21.18 $21.82 $22.47 $23.14 $23.83 $24.56<br />
77
Outpatient Registration Rep/ED 8 $19.38 $19.96 $20.56 $21.18 $21.82 $22.47 $23.14 $23.83 $24.56<br />
Outpatient Registration Rep 8 $19.38 $19.96 $20.56 $21.18 $21.82 $22.47 $23.14 $23.83 $24.56<br />
Outpatient Registration Rep/Lobby 8 $19.38 $19.96 $20.56 $21.18 $21.82 $22.47 $23.14 $23.83 $24.56<br />
Staffing Assistant 8 $19.38 $19.96 $20.56 $21.18 $21.82 $22.47 $23.14 $23.83 $24.56<br />
Trauma Services Asst. 8 $19.38 $19.96 $20.56 $21.18 $21.82 $22.47 $23.14 $23.83 $24.56<br />
Unit Secretary II 8 $19.38 $19.96 $20.56 $21.18 $21.82 $22.47 $23.14 $23.83 $24.56<br />
<strong>Medical</strong> Records Float Clerk 8A $21.25 $21.89 $22.54 $23.22 $23.92 $24.63 $25.37 $26.13 $26.91<br />
Admin Asst - Phys Med II 9 $20.46 $21.07 $21.70 $22.35 $23.02 $23.72 $24.43 $25.16 $25.91<br />
Financial Counselor 9 $20.46 $21.07 $21.70 $22.35 $23.02 $23.72 $24.43 $25.16 $25.91<br />
Histology Assistant I 9 $20.46 $21.07 $21.70 $22.35 $23.02 $23.72 $24.43 $25.16 $25.91<br />
Insurance Verifier 9 $20.46 $21.07 $21.70 $22.35 $23.02 $23.72 $24.43 $25.16 $25.91<br />
<strong>Medical</strong> Staff Assistant 9 $20.46 $21.07 $21.70 $22.35 $23.02 $23.72 $24.43 $25.16 $25.91<br />
Radiology Scheduling Coord 9 $20.46 $21.07 $21.70 $22.35 $23.02 $23.72 $24.43 $25.16 $25.91<br />
Secretary/Receptionist 9 $20.46 $21.07 $21.70 $22.35 $23.02 $23.72 $24.43 $25.16 $25.91<br />
Senior Department Secretary 9 $20.46 $21.07 $21.70 $22.35 $23.02 $23.72 $24.43 $25.16 $25.91<br />
Senior Storekeeper 9 $20.46 $21.07 $21.70 $22.35 $23.02 $23.72 $24.43 $25.16 $25.91<br />
Surgery Scheduler 9 $20.46 $21.07 $21.70 $22.35 $23.02 $23.72 $24.43 $25.16 $25.91<br />
Surgery Scheduling Coord. 9 $20.46 $21.07 $21.70 $22.35 $23.02 $23.72 $24.43 $25.16 $25.91<br />
Utilization Secretary 9 $20.46 $21.07 $21.70 $22.35 $23.02 $23.72 $24.43 $25.16 $25.91<br />
Vacant 10<br />
PBX Mail/Tech Specialist<br />
10X<br />
Red circled rate, will become obsolete when PBX range meets or exceeds<br />
or when incumbent retires $31.13<br />
Transcriber II 12 $24.32 $25.05 $25.79 $26.57 $27.37 $28.19 $29.04 $29.90 $30.81<br />
Transcriptionist 12 $24.32 $25.05 $25.79 $26.57 $27.37 $28.19 $29.04 $29.90 $30.81<br />
Transcription/Quality Coord. 12 $24.32 $25.05 $25.79 $26.57 $27.37 $28.19 $29.04 $29.90 $30.81<br />
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APPENDIX B:<br />
30SE<br />
Effective 12/20/10<br />
WAGE SCALES<br />
Clerical Unit 12/20/10 thru 12/19/11<br />
Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9<br />
Van Driver 1 $14.28 $14.70 $15.15 $15.60 $16.07 $16.55 $17.05 $17.56 $18.09<br />
Mail Clerk Trainee 2 $15.20 $15.66 $16.13 $16.62 $17.11 $17.63 $18.15 $18.70 $19.26<br />
Vacant 3<br />
Vacant 4<br />
<strong>Medical</strong> Records Clerk I 4A $18.39 $18.94 $19.50 $20.08 $20.69 $21.31 $21.95 $22.61 $23.29<br />
<strong>Medical</strong> Records Assistant 5 $17.46 $17.99 $18.53 $19.09 $19.66 $20.25 $20.86 $21.48 $22.13<br />
<strong>Medical</strong> Records Clerk II 5A $19.15 $19.72 $20.32 $20.92 $21.55 $22.19 $22.86 $23.55 $24.25<br />
Admin. Assistant I 6 $18.16 $18.71 $19.28 $19.85 $20.44 $21.06 $21.70 $22.34 $23.01<br />
Admin. Clerk 6 $18.16 $18.71 $19.28 $19.85 $20.44 $21.06 $21.70 $22.34 $23.01<br />
Unit Secretary I 6 $18.16 $18.71 $19.28 $19.85 $20.44 $21.06 $21.70 $22.34 $23.01<br />
<strong>Medical</strong> Records Clerk 6A $19.91 $20.51 $21.12 $21.76 $22.42 $23.09 $23.77 $24.50 $25.23<br />
Acuity Auditor 7 $19.00 $19.57 $20.17 $20.77 $21.39 $22.03 $22.69 $23.37 $24.07<br />
Admin. Assistant II 7 $19.00 $19.57 $20.17 $20.77 $21.39 $22.03 $22.69 $23.37 $24.07<br />
Courier/Storekeeper 7 $19.00 $19.57 $20.17 $20.77 $21.39 $22.03 $22.69 $23.37 $24.07<br />
Department Secretary/Recept. 7 $19.00 $19.57 $20.17 $20.77 $21.39 $22.03 $22.69 $23.37 $24.07<br />
Histology Assistant 7 $19.00 $19.57 $20.17 $20.77 $21.39 $22.03 $22.69 $23.37 $24.07<br />
<strong>Medical</strong> Records Assistant II 7 $19.00 $19.57 $20.17 $20.77 $21.39 $22.03 $22.69 $23.37 $24.07<br />
PBX/Mail Clerk 7 $19.00 $19.57 $20.17 $20.77 $21.39 $22.03 $22.69 $23.37 $24.07<br />
PBX/Mail Tech Specialist 7 $19.00 $19.57 $20.17 $20.77 $21.39 $22.03 $22.69 $23.37 $24.07<br />
Transcription/Coding Auditor 7 $19.00 $19.57 $20.17 $20.77 $21.39 $22.03 $22.69 $23.37 $24.07<br />
<strong>Medical</strong> Records Clerk III 7A $20.84 $21.46 $22.10 $22.77 $23.45 $24.15 $24.88 $25.62 $26.40<br />
Admin. Asst - Phys Med I 8 $19.97 $20.56 $21.18 $21.81 $22.47 $23.15 $23.84 $24.55 $25.29<br />
Admin. Assistant III 8 $19.97 $20.56 $21.18 $21.81 $22.47 $23.15 $23.84 $24.55 $25.29<br />
Admitting Representative 8 $19.97 $20.56 $21.18 $21.81 $22.47 $23.15 $23.84 $24.55 $25.29<br />
Dept. Secretary I 8 $19.97 $20.56 $21.18 $21.81 $22.47 $23.15 $23.84 $24.55 $25.29<br />
79
Outpatient Registration Rep/ED 8 $19.97 $20.56 $21.18 $21.81 $22.47 $23.15 $23.84 $24.55 $25.29<br />
Outpatient Registration Rep 8 $19.97 $20.56 $21.18 $21.81 $22.47 $23.15 $23.84 $24.55 $25.29<br />
Outpatient Registration Rep/Lobby 8 $19.97 $20.56 $21.18 $21.81 $22.47 $23.15 $23.84 $24.55 $25.29<br />
Staffing Assistant 8 $19.97 $20.56 $21.18 $21.81 $22.47 $23.15 $23.84 $24.55 $25.29<br />
Trauma Services Asst. 8 $19.97 $20.56 $21.18 $21.81 $22.47 $23.15 $23.84 $24.55 $25.29<br />
Unit Secretary II 8 $19.97 $20.56 $21.18 $21.81 $22.47 $23.15 $23.84 $24.55 $25.29<br />
<strong>Medical</strong> Records Float Clerk 8A $21.89 $22.54 $23.21 $23.91 $24.63 $25.37 $26.13 $26.92 $27.72<br />
Admin Asst - Phys Med II 9 $21.07 $21.71 $22.35 $23.02 $23.71 $24.43 $25.16 $25.92 $26.69<br />
Financial Counselor 9 $21.07 $21.71 $22.35 $23.02 $23.71 $24.43 $25.16 $25.92 $26.69<br />
Histology Assistant I 9 $21.07 $21.71 $22.35 $23.02 $23.71 $24.43 $25.16 $25.92 $26.69<br />
Insurance Verifier 9 $21.07 $21.71 $22.35 $23.02 $23.71 $24.43 $25.16 $25.92 $26.69<br />
<strong>Medical</strong> Staff Assistant 9 $21.07 $21.71 $22.35 $23.02 $23.71 $24.43 $25.16 $25.92 $26.69<br />
Radiology Scheduling Coord 9 $21.07 $21.71 $22.35 $23.02 $23.71 $24.43 $25.16 $25.92 $26.69<br />
Secretary/Receptionist 9 $21.07 $21.71 $22.35 $23.02 $23.71 $24.43 $25.16 $25.92 $26.69<br />
Senior Department Secretary 9 $21.07 $21.71 $22.35 $23.02 $23.71 $24.43 $25.16 $25.92 $26.69<br />
Senior Storekeeper 9 $21.07 $21.71 $22.35 $23.02 $23.71 $24.43 $25.16 $25.92 $26.69<br />
Surgery Scheduler 9 $21.07 $21.71 $22.35 $23.02 $23.71 $24.43 $25.16 $25.92 $26.69<br />
Surgery Scheduling Coord. 9 $21.07 $21.71 $22.35 $23.02 $23.71 $24.43 $25.16 $25.92 $26.69<br />
Utilization Secretary 9 $21.07 $21.71 $22.35 $23.02 $23.71 $24.43 $25.16 $25.92 $26.69<br />
Vacant 10<br />
PBX Mail/Tech Specialist<br />
10X<br />
Red circled rate, will become obsolete when PBX range meets or exceeds<br />
or when incumbent retires $31.13<br />
Transcriber II 12 $25.05 $25.80 $26.56 $27.37 $28.19 $29.04 $29.91 $30.80 $31.73<br />
Transcriptionist 12 $25.05 $25.80 $26.56 $27.37 $28.19 $29.04 $29.91 $30.80 $31.73<br />
Transcription/Quality Coord. 12 $25.05 $25.80 $26.56 $27.37 $28.19 $29.04 $29.91 $30.80 $31.73<br />
80
APPENDIX C:<br />
30SE<br />
Effective 12/20/11<br />
WAGE SCALES<br />
Clerical Unit 12/20/11 thru 12/19/12<br />
Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9<br />
Van Driver 1 $14.71 $15.15 $15.60 $16.06 $16.55 $17.05 $17.56 $18.08 $18.63<br />
Mail Clerk Trainee 2 $15.66 $16.13 $16.62 $17.12 $17.62 $18.16 $18.70 $19.26 $19.84<br />
Vacant 3<br />
Vacant 4<br />
<strong>Medical</strong> Records Clerk I 4A $18.94 $19.51 $20.08 $20.69 $21.31 $21.95 $22.61 $23.29 $23.99<br />
<strong>Medical</strong> Records Assistant 5 $17.99 $18.53 $19.09 $19.66 $20.25 $20.86 $21.48 $22.13 $22.79<br />
<strong>Medical</strong> Records Clerk II 5A $19.72 $20.31 $20.93 $21.55 $22.19 $22.86 $23.55 $24.26 $24.98<br />
Admin. Assistant I 6 $18.71 $19.28 $19.85 $20.44 $21.06 $21.69 $22.35 $23.01 $23.70<br />
Admin. Clerk 6 $18.71 $19.28 $19.85 $20.44 $21.06 $21.69 $22.35 $23.01 $23.70<br />
Unit Secretary I 6 $18.71 $19.28 $19.85 $20.44 $21.06 $21.69 $22.35 $23.01 $23.70<br />
<strong>Medical</strong> Records Clerk 6A $20.51 $21.12 $21.76 $22.41 $23.09 $23.78 $24.49 $25.23 $25.99<br />
Acuity Auditor 7 $19.57 $20.16 $20.77 $21.40 $22.03 $22.70 $23.37 $24.07 $24.79<br />
Admin. Assistant II 7 $19.57 $20.16 $20.77 $21.40 $22.03 $22.70 $23.37 $24.07 $24.79<br />
Courier/Storekeeper 7 $19.57 $20.16 $20.77 $21.40 $22.03 $22.70 $23.37 $24.07 $24.79<br />
Department Secretary/Recept. 7 $19.57 $20.16 $20.77 $21.40 $22.03 $22.70 $23.37 $24.07 $24.79<br />
Histology Assistant 7 $19.57 $20.16 $20.77 $21.40 $22.03 $22.70 $23.37 $24.07 $24.79<br />
<strong>Medical</strong> Records Assistant II 7 $19.57 $20.16 $20.77 $21.40 $22.03 $22.70 $23.37 $24.07 $24.79<br />
PBX/Mail Clerk 7 $19.57 $20.16 $20.77 $21.40 $22.03 $22.70 $23.37 $24.07 $24.79<br />
PBX/Mail Tech Specialist 7 $19.57 $20.16 $20.77 $21.40 $22.03 $22.70 $23.37 $24.07 $24.79<br />
Transcription/Coding Auditor 7 $19.57 $20.16 $20.77 $21.40 $22.03 $22.70 $23.37 $24.07 $24.79<br />
<strong>Medical</strong> Records Clerk III 7A $21.46 $22.11 $22.76 $23.45 $24.15 $24.87 $25.62 $26.39 $27.19<br />
Admin. Asst - Phys Med I 8 $20.57 $21.18 $21.81 $22.47 $23.14 $23.84 $24.55 $25.29 $26.05<br />
Admin. Assistant III 8 $20.57 $21.18 $21.81 $22.47 $23.14 $23.84 $24.55 $25.29 $26.05<br />
Admitting Representative 8 $20.57 $21.18 $21.81 $22.47 $23.14 $23.84 $24.55 $25.29 $26.05<br />
Dept. Secretary I 8 $20.57 $21.18 $21.81 $22.47 $23.14 $23.84 $24.55 $25.29 $26.05<br />
81
Outpatient Registration Rep/ED 8 $20.57 $21.18 $21.81 $22.47 $23.14 $23.84 $24.55 $25.29 $26.05<br />
Outpatient Registration Rep 8 $20.57 $21.18 $21.81 $22.47 $23.14 $23.84 $24.55 $25.29 $26.05<br />
Outpatient Registration Rep/Lobby 8 $20.57 $21.18 $21.81 $22.47 $23.14 $23.84 $24.55 $25.29 $26.05<br />
Staffing Assistant 8 $20.57 $21.18 $21.81 $22.47 $23.14 $23.84 $24.55 $25.29 $26.05<br />
Trauma Services Asst. 8 $20.57 $21.18 $21.81 $22.47 $23.14 $23.84 $24.55 $25.29 $26.05<br />
Unit Secretary II 8 $20.57 $21.18 $21.81 $22.47 $23.14 $23.84 $24.55 $25.29 $26.05<br />
<strong>Medical</strong> Records Float Clerk 8A $22.54 $23.22 $23.91 $24.63 $25.37 $26.13 $26.91 $27.72 $28.55<br />
Admin Asst - Phys Med II 9 $21.70 $22.36 $23.02 $23.71 $24.42 $25.17 $25.92 $26.70 $27.49<br />
Financial Counselor 9 $21.70 $22.36 $23.02 $23.71 $24.42 $25.17 $25.92 $26.70 $27.49<br />
Histology Assistant I 9 $21.70 $22.36 $23.02 $23.71 $24.42 $25.17 $25.92 $26.70 $27.49<br />
Insurance Verifier 9 $21.70 $22.36 $23.02 $23.71 $24.42 $25.17 $25.92 $26.70 $27.49<br />
<strong>Medical</strong> Staff Assistant 9 $21.70 $22.36 $23.02 $23.71 $24.42 $25.17 $25.92 $26.70 $27.49<br />
Radiology Scheduling Coord 9 $21.70 $22.36 $23.02 $23.71 $24.42 $25.17 $25.92 $26.70 $27.49<br />
Secretary/Receptionist 9 $21.70 $22.36 $23.02 $23.71 $24.42 $25.17 $25.92 $26.70 $27.49<br />
Senior Department Secretary 9 $21.70 $22.36 $23.02 $23.71 $24.42 $25.17 $25.92 $26.70 $27.49<br />
Senior Storekeeper 9 $21.70 $22.36 $23.02 $23.71 $24.42 $25.17 $25.92 $26.70 $27.49<br />
Surgery Scheduler 9 $21.70 $22.36 $23.02 $23.71 $24.42 $25.17 $25.92 $26.70 $27.49<br />
Surgery Scheduling Coord. 9 $21.70 $22.36 $23.02 $23.71 $24.42 $25.17 $25.92 $26.70 $27.49<br />
Utilization Secretary 9 $21.70 $22.36 $23.02 $23.71 $24.42 $25.17 $25.92 $26.70 $27.49<br />
Vacant 10<br />
PBX Mail/Tech Specialist<br />
10X<br />
Red circled rate, will become obsolete when PBX range meets or exceeds<br />
or when incumbent retires $31.13<br />
Transcriber II 12 $25.80 $26.58 $27.36 $28.19 $29.03 $29.91 $30.80 $31.72 $32.68<br />
Transcriptionist 12 $25.80 $26.58 $27.36 $28.19 $29.03 $29.91 $30.80 $31.72 $32.68<br />
Transcription/Quality Coord. 12 $25.80 $26.58 $27.36 $28.19 $29.03 $29.91 $30.80 $31.72 $32.68<br />
82
APPENDIX D:<br />
30SE-T<br />
Effective 12/20/2009<br />
WAGE SCALES<br />
Service and Technical Unit<br />
12/20/09 thru 12/19/10<br />
Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6<br />
Housekeeper I 1 $20.66 $21.02 $21.37 $21.73<br />
Kitchen Helper 2 $20.90 $21.26 $21.62 $21.99<br />
Linen Distributor 2 $20.90 $21.26 $21.62 $21.99<br />
Nutrition Aide 2 $20.90 $21.26 $21.62 $21.99<br />
Dishwasher/Potwasher 3 $21.07 $21.43 $21.80 $22.17<br />
Housekeeper II 3 $21.07 $21.43 $21.80 $22.17<br />
Kitchen Porter 3 $21.07 $21.43 $21.80 $22.17<br />
Diet Aide I 4 $21.14 $21.50 $21.87 $22.23<br />
Washer 5 $21.29 $21.65 $22.02 $22.39<br />
Vacant 6<br />
Central Supply Tech I 7 $21.54 $21.91 $22.27 $22.64 $23.05 $23.48<br />
Physical Therapy Aide I 7A $21.54 $21.91 $22.27 $22.64 $23.00<br />
Nurse Assistant 7A $21.54 $21.91 $22.27 $22.64 $23.00<br />
MHA/NA (same as NA) 7A $21.54 $21.91 $22.27 $22.64 $23.00<br />
Diet Aide II 8 $21.78 $22.15 $22.52 $22.90<br />
Ortho Tech 9 $21.80 $24.07 $24.66 $25.27 $25.88 $26.62<br />
Cook - All Other 10 $22.32 $22.70 $23.10 $23.71<br />
Vacant 11<br />
Central Supply Tech II 12 $22.55 $22.92 $23.30 $23.73 $24.16 $24.52<br />
Lead Central Supply Tech<br />
II 12A $25.64 $26.01 $26.39 $26.82 $27.25 $27.61<br />
Second Cook 13 $23.43 $23.81 $24.19 $24.68 $25.16<br />
NA/INS Tech 14 $23.62 $23.97 $24.33 $24.70 $25.07 $25.44<br />
Physical Therapy Aide II 15 $23.78 $24.14 $24.51 $24.87 $25.23 $25.60<br />
Emergency Dept. Tech 16 $24.13 $24.66 $25.27 $25.88 $26.62 $27.16<br />
LVN 17 $28.71 $29.28 $29.97 $30.67 $31.38 $32.10<br />
Surgical Technologist 19 $30.88 $33.14 $35.39 $37.65 $39.90<br />
OB Tech 20 $22.53 $23.11 $23.70 $24.29 $24.93 $25.61<br />
83
APPENDIX E:<br />
30SE-T<br />
Effective 12/20/10<br />
WAGE SCALES<br />
Service and Technical Unit<br />
12/20/10 thru 12/19/11<br />
Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6<br />
Housekeeper I 1 $21.28 $21.65 $22.01 $22.39<br />
Kitchen Helper 2 $21.52 $21.90 $22.27 $22.65<br />
Linen Distributor 2 $21.52 $21.90 $22.27 $22.65<br />
Nutrition Aide 2 $21.52 $21.90 $22.27 $22.65<br />
Dishwasher/Potwasher 3 $21.70 $22.08 $22.45 $22.83<br />
Housekeeper II 3 $21.70 $22.08 $22.45 $22.83<br />
Kitchen Porter 3 $21.70 $22.08 $22.45 $22.83<br />
Diet Aide I 4 $21.78 $22.15 $22.52 $22.90<br />
Washer 5 $21.93 $22.30 $22.68 $23.06<br />
Vacant 6<br />
Central Supply Tech I 7 $22.19 $22.56 $22.93 $23.32 $23.74 $24.18<br />
Physical Therapy Aide I 7A $22.19 $22.56 $22.93 $23.32 $23.69<br />
Nurse Assistant 7A $22.19 $22.56 $22.93 $23.32 $23.69<br />
MHA/NA (same as NA) 7A $22.19 $22.56 $22.93 $23.32 $23.69<br />
Diet Aide II 8 $22.43 $22.81 $23.20 $23.59<br />
Ortho Tech 9 $22.45 $24.79 $25.40 $26.03 $26.66 $27.42<br />
Cook - All Other 10 $22.99 $23.38 $23.79 $24.42<br />
Vacant 11<br />
Central Supply Tech II 12 $23.23 $23.61 $23.99 $24.44 $24.89 $25.26<br />
Lead Central Supply Tech<br />
II 12A $26.41 $26.79 $27.18 $27.62 $28.07 $28.44<br />
Second Cook 13 $24.14 $24.53 $24.92 $25.42 $25.92<br />
NA/INS Tech 14 $24.33 $24.69 $25.06 $25.44 $25.82 $26.21<br />
Physical Therapy Aide II 15 $24.49 $24.87 $25.24 $25.62 $25.99 $26.37<br />
Emergency Dept. Tech 16 $24.85 $25.40 $26.03 $26.66 $27.42 $27.97<br />
LVN 17 $29.58 $30.16 $30.87 $31.59 $32.32 $33.06<br />
Surgical Technologist 19 $31.80 $34.13 $36.45 $38.78 $41.10<br />
OB Tech 20 $23.20 $23.81 $24.41 $25.02 $25.67 $26.37<br />
84
APPENDIX F:<br />
30SE-T<br />
Effective 12/20/11<br />
WAGE SCALES<br />
Service and Technical Unit<br />
12/20/11 thru 12/19/12<br />
Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6<br />
Housekeeper I 1 $21.91 $22.29 $22.67 $23.06<br />
Kitchen Helper 2 $22.17 $22.56 $22.94 $23.33<br />
Linen Distributor 2 $22.17 $22.56 $22.94 $23.33<br />
Nutrition Aide 2 $22.17 $22.56 $22.94 $23.33<br />
Dishwasher/Potwasher 3 $22.36 $22.74 $23.13 $23.52<br />
Housekeeper II 3 $22.36 $22.74 $23.13 $23.52<br />
Kitchen Porter 3 $22.36 $22.74 $23.13 $23.52<br />
Diet Aide I 4 $22.43 $22.81 $23.20 $23.59<br />
Washer 5 $22.59 $22.97 $23.36 $23.75<br />
Vacant 6<br />
Central Supply Tech I 7 $22.85 $23.24 $23.62 $24.02 $24.45 $24.91<br />
Physical Therapy Aide I 7A $22.85 $23.24 $23.62 $24.02 $24.40<br />
Nurse Assistant 7A $22.85 $23.24 $23.62 $24.02 $24.40<br />
MHA/NA (same as NA) 7A $22.85 $23.24 $23.62 $24.02 $24.40<br />
Diet Aide II 8 $23.10 $23.50 $23.90 $24.30<br />
Ortho Tech 9 $23.13 $25.53 $26.17 $26.81 $27.46 $28.24<br />
Cook - All Other 10 $23.67 $24.08 $24.50 $25.15<br />
Vacant 11<br />
Central Supply Tech II 12 $23.92 $24.32 $24.71 $25.17 $25.63 $26.02<br />
Lead Central Supply Tech<br />
II 12A $27.20 $27.59 $27.99 $28.45 $28.91 $29.30<br />
Second Cook 13 $24.86 $25.26 $25.66 $26.18 $26.70<br />
NA/INS Tech 14 $25.06 $25.43 $25.81 $26.20 $26.59 $26.99<br />
Physical Therapy Aide II 15 $25.23 $25.62 $26.00 $26.38 $26.77 $27.16<br />
Emergency Dept. Tech 16 $25.60 $26.17 $26.81 $27.46 $28.24 $28.81<br />
LVN 17 $30.46 $31.06 $31.80 $32.54 $33.29 $34.05<br />
Surgical Technologist 19 $32.76 $35.16 $37.55 $39.95 $42.33<br />
OB Tech 20 $23.90 $24.52 $25.14 $25.77 $26.44 $27.17<br />
85
APPENDIX G:<br />
30SEC-T<br />
Effect 12/20/2009<br />
WAGE SCALES<br />
LVNs<br />
Cert Pay is $.90 add-on from the shift diff table<br />
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6<br />
LVN $28.71 $29.28 $29.97 $30.67 $31.38 $32.10<br />
30SEC-T<br />
Effective<br />
12/20/2010 Cert Pay is $.90 add-on from the shift diff table<br />
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6<br />
LVN $29.58 $30.16 $30.87 $31.59 $32.32 $33.06<br />
30SEC-T<br />
Effective<br />
12/20/2011 Cert Pay is $.90 add-on from the shift diff table<br />
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6<br />
LVN $30.46 $31.06 $31.80 $32.54 $33.29 $34.05<br />
86
APPENDIX H<br />
SIDE LETTER:<br />
Resolution of EVS Issues<br />
1. Option #2 Schedule revised on December 16, 2009 to cover weekends<br />
and presented to the bargaining team shall govern the EVS<br />
scheduling.<br />
2. EVS employees with a seniority date of 11/19/90 or greater shall not<br />
be regularly scheduled to work weekends. All other regular full-time<br />
and part-time EVS employees will be regularly scheduled to work<br />
every other weekend.<br />
3. No later than January 4, 2010, work schedules will be re-balanced and<br />
EVS employees shall, by that date, bid by seniority on scheduled<br />
hours and work day/days off. The Employer will retain the right to<br />
assign or reassign work to meet patient care and operational needs,<br />
and shall do so in a fair, equitable, impartial and non-retaliatory<br />
manner.<br />
4. Disputes on EVS schedules and/or workload may be referred to the<br />
Staffing Committee, Section 37.<br />
.<br />
87
APPENDIX I<br />
SIDE LETTER:<br />
Mail Clerk (Trainee)<br />
1. Position will be paid at 80% of PBX/Mail Clerk (Grade &, Step 1)<br />
rate. Position will be eligible for step and general wage increases.<br />
2. Incumbents in the position may bid on openings in the <strong>Medical</strong><br />
<strong>Center</strong> that they may be qualified to perform.<br />
3. In the event of a reduction in force or hours, other <strong>Medical</strong> <strong>Center</strong><br />
staff may not bump into this position, but neither may this position<br />
absorb hours form laid-off or reduced hours employees.<br />
4. Position shall be an SEIU-UHW bargaining unit position.<br />
88
APPENDIX J<br />
SIDE LETTER:<br />
LVN Positions<br />
LVN Positions: LVN positions will remain at status quo or better unless a<br />
current LVN vacates the position, except under two (2) circumstances:<br />
1. An LVN position is impacted by a larger reduction in force, in<br />
which case LVNs will be impacted in proportion to the impact<br />
on the rest of the bargaining unit. In such circumstances,<br />
impacted LVNs will have the right to bid by seniority across<br />
classification for any open positions for which they are<br />
qualified or can become qualified within 45 days. LVN<br />
positions shall be recalled in the same proportion as other<br />
classifications as positions are recalled after a reduction in<br />
force.<br />
2. An LVN position is impacted by the closing of the Laurel Grove<br />
Facility.<br />
Promotional Opportunities<br />
Current <strong>Eden</strong> LVNs who pass the RN Boards shall have preference over<br />
outside hires in hiring for vacant RN positions at <strong>Eden</strong> so long as the LVN<br />
has no active discipline (twelve months or less) at or above a written<br />
warning.<br />
89
APPENDIX K<br />
SIDE LETTER:<br />
Implementation of Health Information<br />
Management (<strong>Medical</strong> Records) Electronic<br />
<strong>Medical</strong> Records<br />
Prior to the implementation of Electronic <strong>Medical</strong> Records at <strong>Eden</strong> <strong>Medical</strong><br />
<strong>Center</strong>/Sutter Castro Valley, the Employer will identify positions under<br />
the new system and offer appropriate training to Health Information<br />
Management employees represented by SEIU so that they may transition to<br />
the new system and maintain employment with <strong>Eden</strong> <strong>Medical</strong><br />
<strong>Center</strong>/Sutter Castro Valley.<br />
Additionally, insofar that implementation of EMR impacts the job duties of<br />
other employees, such as Scheduling and Registration Employees or unit<br />
clerks, the Employer will provide training to the new systems so that these<br />
employees may transition to the new system and maintain employment<br />
with <strong>Eden</strong> <strong>Medical</strong> <strong>Center</strong>/Sutter Castro Valley.<br />
Positions associated with or impacted by the new system should be<br />
identified as far in advance as possible so that employees have sufficient<br />
time to complete training.<br />
90
APPENDIX L<br />
LETTER OF UNDERSTANDING:<br />
LAYOFF - LAUREL GROVE<br />
This letter of understanding is to memorialize the agreement that was<br />
reached on November 6, 2009 between <strong>Eden</strong> <strong>Medical</strong> <strong>Center</strong> and SEIU-<br />
UHW in regards to regular employees who are displaced due to an<br />
Indefinite and Permanent Lay Off. The choice(s) that the impacted<br />
employees utilize for bumping within the appropriate lay off seniority<br />
units and by classification are as follows:<br />
1. Displaced employee may bump the least senior regular<br />
employee on the same shift.<br />
2. Displaced employee may bump the least senior regular<br />
employee in the same FTE (full-time equivalent) status<br />
regardless of shift.<br />
3. A displaced employee may fill a vacancy.<br />
4. A displaced employee who cannot find a position in one of the<br />
above categories but is not the least senior benefited employee<br />
in his/her classification can bump the least senior benefited<br />
employee in the classification.<br />
5. Displaced regular employees may take on call or short hour<br />
positions.<br />
Prior to involuntarily laying off any regular employee, the Employer will<br />
seek volunteers from each of the impacted classifications: EVS, NA, Unit<br />
Secretary, Department Secretary, Van Driver, and LVN.<br />
The most senior displaced regular employee who would otherwise lose<br />
benefits, has the first right of refusal for any vacant, regular position at<br />
<strong>Eden</strong> <strong>Medical</strong> <strong>Center</strong> that they are qualified to perform.<br />
91
The Employer agrees to pay 65% of COBRA premiums in cases where the<br />
laid off employee elects COBRA coverage and pays 35% of the premium.<br />
For this situation the cost of the premium shall be designated as the regular<br />
premium costs with no additional COBRA administrative costs added to<br />
the premium.<br />
92
APPENDIX M<br />
SIDE LETTER:<br />
LAUREL GROVE CLOSURE<br />
The parties recognize that the Hospital will be constructing a new facility<br />
(hereinafter "Sutter Castro Valley") at the <strong>Eden</strong> campus and that the<br />
Hospital intends to close the Laurel Grove facility to permit construction of<br />
the new facility. The Hospital intends to discontinue services provided at<br />
the Laurel Grove facility.<br />
The Hospital recognizes the new facility at the <strong>Eden</strong> campus will employ<br />
the current bargaining unit and that the parties' collective bargaining<br />
agreement will apply to the Sutter Castro Valley facility based on the<br />
transfer of employees, transfer of services and functional integration of the<br />
facilities.<br />
The Hospital agrees that it will utilize the tools set forth in the parties'<br />
Agreement (e.g. cross-training, job placement assistance, etc.) to avoid, to<br />
the extent possible, layoffs or reduction in hours as a result of the closure of<br />
the Laurel Grove facility or the discontinuance of services currently<br />
performed at the Laurel Grove facility. To the extent there are available<br />
SEIU/UHW-represented positions in the Hospital or such positions<br />
become available prior to the closure of Laurel Grove, such positions will<br />
be held open, effective immediately, so that employees affected by the<br />
closure of the Laurel Grove facility will have the opportunity to transfer to<br />
positions elsewhere in the Hospital, either in the same classification or to be<br />
cross-trained into a similar classification, so long as such training can occur<br />
within 90 days to render the employee competent for the job. All such<br />
transfers or training opportunities will be granted on the basis of seniority.<br />
The Hospital further agrees that it will bargain with the Union over any<br />
effects of the closure of the Laurel Grove facility by beginning such<br />
negotiations immediately and continuing until the closure occurs.<br />
In order to facilitate the foregoing, the Hospital would accept the Union's<br />
October 12, 2009 proposal on Section 48. Career Opportunities and<br />
proposes to use Sections 48.2 and 48.3 to secure training, job placement and<br />
other assistance in seeking employment for impacted employees. The<br />
93
Hospital proposes that the entire proposed 2009 rollover amount be<br />
committed to reducing the impact of the Laurel Grove closure on the<br />
Union's members, with the Training and Upgrade Fund Committee<br />
assigned to determine how best to use the funds. To the extent any such<br />
funds remain unspent after the Laurel Grove closure, those funds will go<br />
into the main training and upgrade fund pursuant to the terms of the<br />
Union's October 12, 2009 proposal. These benefits will be in addition to<br />
those severance benefits provided for in the parties' Agreement.<br />
94
INDEX<br />
AGREED OBJECTIVES, SECTION 1................................................................. 1<br />
BEREAVEMENT LEAVE, SECTION 22 ......................................................... 38<br />
BILINGUAL SERVICES, SECTION 12 ........................................................... 24<br />
BULLETIN BOARD, SECTION 42 .................................................................. 64<br />
CAREER OPPORTUNITIES, SECTION 48 .................................................... 70<br />
DISABILITY INSURANCE, SECTION 29. ..................................................... 44<br />
DISCIPLINE AND DISCHARGE, SECTION 10 ........................................... 17<br />
EDUCATIONAL LEAVE, SECTION 39 ......................................................... 62<br />
ENVIRONMENT OF CARE SAFETY COMMITTEE, SECTION 36 .......... 57<br />
EXTENDED SICK LEAVE (ESL), SECTION 21............................................. 37<br />
FORTY YEAR ANNIVERSARY BONUS, SECTION 25............................... 40<br />
GRIEVANCE PROCEDURE AND ARBITRATION, SECTION 46............ 68<br />
GROUP INSURANCE, SECTION 28 .............................................................. 44<br />
HEALTH AND SAFETY, SECTION 35 .......................................................... 57<br />
HEALTH PROGRAM, SECTION 27............................................................... 42<br />
HIRING AND PROBATIONARY PERIOD, SECTION 4 ............................. 2<br />
HOLIDAYS, SECTION 24................................................................................. 39<br />
HOURS OF WORK, SECTION 13 ................................................................... 24<br />
Implementation of Health Information Management (<strong>Medical</strong> Records)<br />
Electronic <strong>Medical</strong> Records, Appendix K ................................................. 90<br />
IN-SERVICE PROGRAMS, SECTION 40 ....................................................... 63<br />
JURY DUTY, SECTION 23................................................................................ 39<br />
LAUREL GROVE CLOSURE, Appendix M................................................... 93<br />
LAYOFF - LAUREL GROVE, Appendix L .................................................... 91<br />
LEAVES OF ABSENCE, SECTION 26 ............................................................ 40<br />
LVN Positions, Appendix J............................................................................... 89<br />
Mail Clerk (Trainee), Appendix I ................................................................... 88<br />
MANDATORY OVERTIME, SECTION 17 .................................................... 29<br />
MEALS AND UNIFORMS, SECTION 18....................................................... 29<br />
MERGER, SALE OR CLOSURE, SECTION 44.............................................. 65<br />
MINIMUM HOURS, SECTION 14 .................................................................. 28<br />
NO DISCRIMINATION, SECTION 5 .............................................................. 3<br />
NO STRIKE OR LOCKOUT, SECTION 50..................................................... 72<br />
NOTICE OF VACANCIES, SECTION 3 .......................................................... 2<br />
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NURSING ACUITY COMMITTEE, SECTION 34......................................... 57<br />
ORGANIZING AND ELECTION PROCEDURES, SECTION 9 .................. 6<br />
PAID TIME OFF (PTO), SECTION 20............................................................. 34<br />
POSTING OF POSITIONS, TRANSFER, AND CROSS TRAINING,<br />
SECTION 33................................................................................................... 54<br />
PREAMBLE........................................................................................................... 1<br />
RECOGNITION, SECTION 2............................................................................. 1<br />
REGULAR PART-TIME, SHORT-HOUR AND PER DIEM EMPLOYEES,<br />
SECTION 19................................................................................................... 30<br />
REPLACEMENT OF CALL-OFFS, SECTION 16 .......................................... 29<br />
Resolution of EVS Issues, Appendix H .......................................................... 87<br />
RETIREMENT, SECTION 31............................................................................ 45<br />
SENIORITY, SECTION 32 ................................................................................ 47<br />
SEVERANCE PAY, SECTION 43 .................................................................... 64<br />
STAFFING COMMITTEE, SECTION 37 ........................................................ 58<br />
STANDARDS PRESERVED, SECTION 49..................................................... 72<br />
STUDENTS AND TRAINEES, SECTION 41 ................................................. 64<br />
SUBCONTRACTING, SECTION 15................................................................ 28<br />
TERM OF AGREEMENT, SECTION 51 ......................................................... 73<br />
UNEMPLOYMENT COMPENSATION AND DISABILITY,<br />
SECTION 30................................................................................................... 44<br />
UNION DUES AND COPE DEDUCTIONS, SECTION 8 ............................ 6<br />
UNION LEAVE, SECTION 7 ............................................................................ 5<br />
UNION MEMBERSHIP/AGENCY SHOP, SECTION 6 ............................... 3<br />
UNION REPRESENTATIVE, SECTION 45 ................................................... 66<br />
VACCINE, SECTION 38 ................................................................................... 62<br />
WAGE SCALES: Clerical Unit 12/20/09 thru 12/19/10,<br />
APPENDIX A................................................................................................. 77<br />
WAGE SCALES: Clerical Unit 12/20/10 thru 12/19/11,<br />
APPENDIX B ................................................................................................. 79<br />
WAGE SCALES: Clerical Unit 12/20/11 thru 12/19/12,<br />
APPENDIX C................................................................................................. 81<br />
WAGE SCALES: LVNs,<br />
APPENDIX G................................................................................................. 86<br />
WAGE SCALES: Service and Technical Unit 12/20/09 thru 12/19/10,<br />
APPENDIX D................................................................................................. 83<br />
WAGE SCALES: Service and Technical Unit 12/20/10 thru 12/19/11,<br />
96
APPENDIX E ................................................................................................. 84<br />
WAGE SCALES: Service and Technical Unit 12/20/11 thru 12/19/12,<br />
APPENDIX F ................................................................................................. 85<br />
WAGES, SECTION 11 ....................................................................................... 19<br />
WITNESSETH....................................................................................................... 1<br />
WORK REDESIGN, SECTION 47.................................................................... 69<br />
97
THE SEVEN TENETS OF JUST CAUSE<br />
1. Was the Employee adequately warned of the consequences of<br />
his or her conduct? The warning may have been made orally or<br />
in writing. There are exceptions for certain conduct, such as<br />
insubordination, coming to work drunk, or stealing the<br />
Employer’s property.<br />
2. Was the Employer’s rule or order reasonably related to efficient<br />
and safe operation? Were the rules posted, communicated, and<br />
understandable?<br />
3. Did the employer investigate before administering discipline?<br />
Was there due process? Was the investigation fair and<br />
objective?<br />
4. Did the investigation produce substantial evidence or proof of<br />
guilt? Can the employer meet its burden of proof?<br />
Clear and convincing evidence<br />
Preponderance of evidence<br />
Evidence sufficient to convince a responsible mind<br />
Evidence beyond a reasonable doubt<br />
5. Were rules, orders and discipline applied evenhandedly and<br />
without discrimination? If enforcement has been lax in the past,<br />
management can’t suddenly begin to crack down without first<br />
warning employees.<br />
6. Did the company use progressive discipline?<br />
7. Was the discipline reasonably related to the seriousness of the<br />
offense and to the employee’s past record and length of service?