absmc - Seiu-uhw

United Healthcare
Workers – West
Service Employees International Union
CTW, CLC
560 Thomas L. Berkley Way
Oakland, CA 94612
510-251-1250 800-585-4250
www.seiu-uhw.org
Quality Healthcare for All
Collective Bargaining Agreement with
Alta Bates Summit
Medical Center
Effective March 13, 2010 - December 31, 2012

TABLE OF CONTENTS
AGREEMENT............................................................................................................................... 1
WITNESSETH............................................................................................................................... 1
PREAMBLE................................................................................................................................... 1
SECTION 1. RECOGNITION................................................................................................ 1
SECTION 2. SUCCESSORS ................................................................................................... 2
SECTION 3. STANDARDS PRESERVED............................................................................ 3
SECTION 4. HIRING AND PROBATIONARY PERIOD.................................................. 3
SECTION 5. UNION MEMBERSHIP................................................................................... 4
SECTION 6. VOLUNTARY WRITTEN ASSIGNMENT OF WAGES ............................. 5
SECTION 7. ORGANIZING AND ELECTION PROCEDURES...................................... 5
SECTION 8. WAGES ............................................................................................................ 13
SECTION 9. STAFFING COMMITTEE ............................................................................. 18
SECTION 10. JOB DUTIES AND NEW CLASSIFICATIONS .......................................... 21
SECTION 11. HOURS OF WORK ........................................................................................ 22
SECTION 12. SENIORITY ..................................................................................................... 29
SECTION 13. INTER-AFFILIATE EMPLOYMENT........................................................... 42
SECTION 14. PART TIME EMPLOYEES ............................................................................ 43
SECTION 15. JURY DUTY..................................................................................................... 44
SECTION 16. BEREAVEMENT LEAVE .............................................................................. 44
SECTION 17. ACCRUALS..................................................................................................... 45
SECTION 18. SICK LEAVE ................................................................................................... 45
SECTION 19. VACATIONS................................................................................................... 46
SECTION 20. HOLIDAYS...................................................................................................... 48
SECTION 21. LEAVES OF ABSENCE ................................................................................. 50
SECTION 22. HEALTH BENEFITS...................................................................................... 56
SECTION 23. GROUP LIFE INSURANCE.......................................................................... 59
SECTION 24. RETIREMENT PROGRAM........................................................................... 60
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SECTION 25. NO DISCRIMINATION ................................................................................ 63
SECTION 26. UNIFORMS ..................................................................................................... 63
SECTION 27. LOCKERS ........................................................................................................ 63
SECTION 28. IN SERVICE TRAINING............................................................................... 64
SECTION 29. EDUCATIONAL LEAVE .............................................................................. 64
SECTION 30. MOONLIGHTING ......................................................................................... 68
SECTION 31. BULLETIN BOARDS ..................................................................................... 68
SECTION 32. CULTURAL DIVERSITY............................................................................... 69
SECTION 33. CONSCIENTIOUS OBJECTION.................................................................. 69
SECTION 34. UNION ACCESS ............................................................................................ 70
SECTION 35. SHOP STEWARDS......................................................................................... 72
SECTION 36. COMPLAINTS................................................................................................ 73
SECTION 37. DISCHARGE FOR CAUSE ........................................................................... 74
SECTION 38. GRIEVANCE PROCEDURE AND ARBITRATION ................................. 75
SECTION 39. NO STRIKE - NO LOCKOUT....................................................................... 76
SECTION 40. HEALTH & SAFETY...................................................................................... 77
SECTION 41. HEADINGS ..................................................................................................... 78
SECTION 42. TERM OF AGREEMENT .............................................................................. 79
APPENDIX "A" WAGE SCHEDULES .................................................................................... 83
FOOTNOTES TO APPENDIX "A"........................................................................................... 92
APPENDIX "B" MEDICAL PLAN OPTIONS........................................................................ 93
LETTERS OF AGREEMENT .................................................................................................... 96
SIDE LETTER : REVISED STAFFING MATRICES ............................................................. 105
SIDE LETTER : NEW MEDICAL BED TOWER AND CHANGES IN HERRICK
SERVICES.................................................................................................................................. 106
SIDE LETTER : PULMONARY SUBACUTE SERVICES.................................................... 109
SIDE LETTER : KAISER CARDIOVASCULAR SERVICES CONTRACT....................... 111
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AGREEMENT
THIS AGREEMENT is made and entered into by and between ALTA BATES SUMMIT
MEDICAL CENTER whose name and address is set forth below, hereinafter called
"Hospital, Medical Center, or Employer" and the SERVICE EMPLOYEES
INTERNATIONAL UNION, UNITED HEALTHCARE WORKERS WEST hereinafter
called the "Union."
WITNESSETH
PREAMBLE
The Employer and the Union agree that all Hospital employees and managers will treat
each other, regardless of position, with dignity, respect, courtesy and trust. The
foregoing principle should also apply in providing services to patients and visitors.
Both Parties recognize that it is to their mutual advantage and for the protection of the
patients to have efficient and uninterrupted operation of the Medical Center. This
Agreement is for the purpose of establishing such harmonious and constructive
relationships between the parties that such results will be possible.
It is mutually agreed that it is the duty and right of the Administration to manage the
Medical Center and to direct the working forces. This includes the right to hire, transfer,
promote, reclassify, layoff, and discharge employees, subject only to the conditions
herein set forth.
SECTION 1.
RECOGNITION
1.1 The Medical Center recognizes the Union as the exclusive bargaining agent for
employees covered by this Agreement whose classifications are listed in
Appendix A. Excluded from the bargaining unit are office and clerical employees
at the Alta Bates campus, cooks, stationary engineers, technical and professional
employees, guards, supervisors and such other classifications as may have been
historically excluded from the unit. The Agreement shall apply to other
classifications which may be established within the scope of the duties now and
historically included within the listed classifications.
1.2 In the event the Employer finds it necessary to subcontract, merge, sell,
permanently dose the Medical Center or a department thereof that employs
employees covered by this Agreement, the Employer shall notify the Union at
least thirty (30) days in advance of such action. The parties shall discuss the
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impact of such action upon employees working under this agreement.
Discussion of the impact will include possibilities of alternative employment,
placement counseling and assistance necessary to process unemployment
insurance claims and benefit conversions. Should such subcontracting, merger,
sale or closure result in permanent layoff, employees with one (1) year of service
will be provided a minimum of two (2) weeks' notice.
SECTION 2.
SUCCESSORS
2.1 For the purposes of the 2010 to 2012 Agreement only, in the event of a merger,
sale, closure, leasing assignment, divestiture, or other transfer of ownership of
the Medical Center or one of its patient care facilities in which represented
employees work, the Employer shall comply with the following:
2.1.a Notification. The Employer shall notify the Union in writing at least ninety (90)
days prior to taking any action described in the preceding paragraph, except
hospital closure for which six (6) months advance notice is required.
2.1.b Successor. This Agreement shall be binding upon the Union and the Employer or
any successor thereof whether the succession be by any of the means described
above as it applies to the business of the Employer, in whole or in part, or to any
change in management companies.
Any adoption of the contract by a successor binds the successor only for the
purposes of the classifications of the employees working at the Medical Center
represented by the Union at the time of the event giving rise to the successor. The
successor shall be bound by the organizing and election procedures in Section 7
of this Agreement only with respect to employees working at the Medical Center
presently not represented by a labor union.
2.1.c
Conditions and Liabilities:
In the event the Employer desires to sell or otherwise transfer the establishment
or engage in any other future acts set forth above and covered by this
Agreement, it shall be a condition of the sale and/or transfer and inserted into
any agreement of sale or management contract that this collective bargaining
agreement and all its obligations thereof shall be binding upon any purchaser or
transferee, except the purchaser or transferee may offer comparable benefit plans
in lieu of the Medical Center's plans. Prior to taking any action described in this
provision, the Employer shall comply with all its legal and contractual
obligations regarding the compensation and payment due and owing to the
employees or the Union.
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SECTION 3.
STANDARDS PRESERVED
3.1 The parties agree they do not intend that any employee shall suffer any
unanticipated loss of benefits, economic or otherwise, as a result of this
agreement, but the parties acknowledge that the new or revised terms of this
agreement will result in modifications and changes to the benefits provided to
employees and these changes are not to be affected by this provision.
SECTION 4.
HIRING AND PROBATIONARY PERIOD
4.1 The Medical Center may hire employees from any source, but the Union shall be
notified of vacancies for classifications represented by the Union for the purpose
of referring Union applicants to the Medical Center. Any person may be
employed who, in the judgment of the Medical Center, will make the best
employee, and the Medical Center shall be the sole judge of the fitness of any
applicant for the job. Insofar as possible, the Medical Center will utilize an
employment agency charging a fee to the employee only as a last resort.
4.2 The Medical Center shall provide a thirty (30) minute period at a mutually
agreeable time for each new employee orientation for a Medical Centeremployed
Union Representative or his or her designee to provide new members
of the bargaining unit with information about the Agreement and the Union, the
contents of which shall be subject to Medical Center approval. The Union
Representative must be on his or her own non-work time and is not eligible for
payment by the Medical Center.
4.3 A probationary period of ninety (90) days from date of first hiring shall be
established for newly hired regular employees. For short-hour and casual
employees, the probationary period shall be ninety (90) days from the date of
first hiring or two hundred and sixty (260) hours of work, whichever is later.
During such probationary period the employee may be discharged for any
reason which, in the opinion of the Medical Center, is just and sufficient, and,
except where it is alleged that the Medical Center has violated the provisions of
Section 25, No Discrimination, there shall be no recourse to the provisions of
Section 38, Grievance Procedure and Arbitration.
4.4 If the Union establishes a lawful hiring hall which avoids discrimination and
which provides for the Medical Center's right to reject hiring ball referrals for
any reason which, in the opinion of the Medical Center, is just and sufficient, the
Medical Center will meet with the Union to develop procedures for the
utilization of the hiring hall.
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SECTION 5.
UNION MEMBERSHIP
5.1 Not later than the thirty-first (31st) day following the beginning of employment,
of the effective date of this agreement, or the execution date of this agreement,
whichever is later, every employee subject to the terms of this agreement shall, as
a condition of employment, become and remain a member of the Union paying
the periodic dues and initiation fees uniformly required, or, in the alternative,
shall, as a condition of employment, pay a fee in the amount equal to the periodic
dues and initiation fees uniformly required as a condition of acquiring or
retaining membership, or, if the employee objects to the payment of that agency
fee, such employee shall as a condition of employment pay that portion of the
agency fee that is related to the union's representation costs.
Employees who are required hereinunder, to maintain membership or make
payments described in paragraph 4.1 above and fail to do so and employees who
are required hereinunder to join the Union and fail to do so shall, upon notice of
such action in writing from the Union to the employer, be replaced by a
competent employee whenever such competent employee is available. The
employer shall be the sole judge of the competency of such employees.
New employees shall be notified of the Union membership requirements of this
agreement immediately upon employment.
The Union will provide copies of membership applications and the Collective
Bargaining Agreement to the Medical Center and the Medical Center will furnish
each new employee with a copy of this Agreement and a membership
application at the time of employment. Each new employee shall be informed of
the provisions of this Section.
5.2 The Employer will provide to the Union the following information quarterly on a
disk or electronically in Excel or comparable format:
A. A list of employees, including their name, home address, home phone
number, classification, wage rate, department, shift, status, (i.e. regular,
part time, per diem, temporary) and date of hire: and
B. B A list of employees terminated since the last quarterly report, including
their name, home address, home phone number, classification,
department, shift, status, (i.e. regular, part time, per diem, temporary),
date of termination and reason for termination (i.e. resignation, discharge,
reduction in force, retirement).
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SECTION 6.
VOLUNTARY WRITTEN ASSIGNMENT OF WAGES
6.1 During the term of the Agreement, the Medical Center will honor written
assignments of wages to the Union for payment of Union initiation fees and
dues, submitted on the Union's deduction authorization form, which shall be
subject to Medical Center approval.
6.2 The Medical Center will promptly remit the monies deducted pursuant to such
assignments with a written statement of the names of the employees for whom
deductions were made.
6.3 Normally, the deduction of such assigned wages will be made on the first pay
period of each month for the then current Union membership fees. However, the
Union and the Medical Center may make other arrangements by mutual consent
6.4 The Union will hold harmless the Medical Center against any claim or obligation
which may be made by any person by reason of the deduction of Union
membership fees, including the cost of defending against any such claim or
obligation. The Union will have no monetary claim against the Medical Center
by reason of failure to perform under this Section.
6.5 Cope Check Off. The Medical Center will honor written assignment of wages to
the Union's Committee on Political Education (COPE) fund, when submitted on
the Union's COPE check-off authorization form, which shall be subject to
Medical Center approval, and will remit such contributions to the Union. The
Union will pay whatever start up costs are applicable for the implementation of
this program.
SECTION 7.
ORGANIZING AND ELECTION PROCEDURES
7.1 Principles. SEIU United Healthcare Workers West [hereafter the Union] and Alta
Bates Summit Medical Center [hereafter the Medical Center] hereby agree to the
following principles:
7.1.a Workers have the right to choose for themselves whether or not to be
represented by a labor organization, as provided by the National Labor Relations
Act;
7.1.b Employees, the Union, and the Medical Center have a right to free speech, as
guaranteed by the First Amendment to the United States Constitution, the
California Constitution, and the National Labor Relations Act;
7.1.c
Employees have a right to be fully informed when making such an important
decision as whether to be represented by a labor organization;
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7.1.d Employees have a right to make their choice regarding union representation in
an environment free from coercion, intimidation, promises, and threats.
As a result, the Medical Center and the Union agree that employees working at
the Medical Center presently not represented by a labor union may become
represented through the following procedures.
7.2 NLRB Procedures. The parties shall comply with the National Labor Relations
Board's organizing and election rules and procedures, except as modified herein.
7.2.a Appropriate Bargaining Unit. The parties agree that an appropriate bargaining
unit is that which is defined by the NLRB for acute care hospitals, or other
appropriate unit. Appropriate units are the following where applicable:
1. Service
2. Technical
3. Professional
4. Business Office Clerical
5. Skilled Maintenance
6. Residual Service
7. Residual Technical
7.2.b Notification of Intent to Organize.
1. The Union shall promptly notify within twenty-four (24) hours the
Medical Center of its intent to organize a group of employees and identify
an appropriate unit, as defined above.
2. Within seven (7) days of the Union's notification to the Medical Center of
its intent to organize an appropriate unit, the Medical Center will
distribute a jointly signed reproduction of this Organizing and Election
Procedures Agreement to the employees included within the appropriate
bargaining unit identified by the Union. The jointly signed reproduction
of this Organizing and Election Procedures Agreement shall be introduced
by the following jointly signed cover letter
3. Dear Alta Bates Summit Medical Center employee:
Alta Bates Summit Medical Center and the Service Employees
International Union have agreed to the attached framework for
conducting a union representation election. This framework serves as
enforceable set of rules that will allow employees to make a choice
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through a secret ballot election about unionization in an atmosphere free
from coercion and intimidation and one in which employees can choose
for themselves whether they wish to be represented by a union.
All employees have the right to participate or not participate in union
activities. Employee actions in support of or opposed to union organizing
will be governed uniformly to the Medical Center's policies. Employees
have the right to wear pre-screened buttons and lanyards that indicate
support or non-support of the Union. Employees also have the right to
distribute literature concerning support or non-support for union
organization in non-patient care areas such as break rooms, cafeterias,
parking lots, smoking areas and other areas outside the hospital, so long
as the distribution does not disrupt the delivery of patient care.
Employees may talk about the Union and workplace issues including
wage rates, disciplinary system, company policies and rules and working
conditions under the same terms applicable to any other employee
conversations."
7.2.c
NLRB Election:
1. When Employees in an NLRB defined bargaining unit have petitioned or
signed cards for an election the parties shall agree to a consent election to
be conducted by the NLRB in thirty-five (35) calendar days following the
submission of the petition provided that there is a percentage of union
authorization cards required by the NLRB from employees in an
appropriate unit. The Medical Center and the Union shall mutually agree
to the election date(s) and time(s). The parties will make a good faith effort
to resolve differences regarding date(s) and time(s) of the election, but if
an agreement cannot be reached the Arbitrator shall be empowered to
decide any disputes over the date or time(s) of the election.
2. The NLRB will conduct the election and count the ballots. Any challenged
ballots, challenges or objections to the election must be filed pursuant to
paragraph 7.2c(6) or (7), as appropriate, of this Agreement, and all parties
acknowledge and submit to the arbitrator's exclusive authority to rule on
such objections and any determinative challenges and the parties waive
their rights to have the NLRB resolve any objections or determinative
challenges. The parties will take all necessary steps to effectuate the
arbitration process and the arbitrator's decision regarding objections
and/or determinative challenges.
3. Eligibility. All employees who are employed on a full-time, regular parttime
or per diem basis in the petitioned for unit, who are on the active
payroll as of the date immediately preceding the date of filing of the
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consent agreement and who are still on the payroll at the time of the
voting shall be eligible to vote in the election, except managers,
supervisors, confidential employees and guards. Per Diems shall be
deemed eligible to vote provided that they have worked an average of
four (4) hours per week in the thirteen (13) week period (that is, 52 or
more hours), ending with the last complete pay period, preceding the
Union's filing for election.
4. Voting. Employees shall vote on non-work time, but may vote while on
break or during their meal periods. Neither the Union nor the Medical
Center shall provide any financial inducements to vote. The voting shall
take place at an appropriate location(s), determined by mutual agreement,
or by the Arbitrator if the parties cannot agree. The parties shall each be
entitled to an equal number of observers at the election site(s). The
observers must be non-supervisory employees.
5. Ballot Counting. The NLRB shall count the ballots immediately following
the conclusion of the voting. Both parties, including interested off-duty
employees, may attend the counting of the ballots. Upon NLRB
certification of the election results, the Medical Center agrees to recognize
the Union as the collective bargaining agent on behalf of the employees in
an appropriate unit where the majority of employees voting, have voted
for union representation.
6. Resolution of Challenged Ballots. If challenged ballots are potentially
determinative of the results of any election, the Arbitrator shall resolve
challenges to the eligibility of voters. The Arbitrator shall have discretion
to establish procedures for the resolution of such challenges, which may
include submission of evidence by the Parties. Upon request of either
party, the Arbitrator will hold a hearing, including submission of
evidence. In all cases, however, the Arbitrator shall resolve challenges
within fourteen (14) days of the election. The Arbitrator's determinations
under this Agreement shall be binding on both parties. The parties shall
jointly share the cost of the Arbitrator.
7. Resolution of Election Objections. If a party wished to file objections to the
election based on allegations of violations of the Agreement either party
must file such objections in writing with the Arbitrator within three (3)
business days of the elections as well as filing objections with the NLRB
pursuant to NLRB timelines and procedures. Pursuant to paragraph
7.2c(2) and 7.2c(6), the Arbitrator shall resolve these objections within
fourteen (14) days of his/her receipt of them. In the case of filing such
objections, both parties will request that the NLRB hold the objections in
abeyance pending the decision of the Arbitrator and take any additional
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steps necessary to effectuate the Arbitration process and the Arbitrator's
decision.
8. Hiatus After Election. If employees choose not to be represented by the
Union through an election, the Union may re-institute this process for that
bargaining unit after a one-year waiting period, unless otherwise ordered
by the Arbitrator. The Union further agrees that no more than two (2)
election dates per year may be held under this Agreement, such years to
be calculated from the ratification date of the collective bargaining
agreement and subsequent anniversary dates.
7.2.d Employee List. Within five (5) working days after the Union has notified the
Employer of its intent to organize, the Medical Center will provide to the Union
an initial list of employees that contains the employee's name, job
title/department, and job classification. The list shall be provided in both hard
copy and electronic format (A working day is defined for this purpose as
Monday through Friday.) Upon the filing of the consent agreement the Medical
Center shall provide the Union with a voter eligibility list. The voter eligibility
list shall include the employee's name, job title/department, job classification
and home address as provided by the employee. The list shall be provided in
both hard copy and electronic format. Upon filing of the consent election, the
parties shall immediately attempt to resolve any disagreement over the job
classifications or individuals that should be included on the voter eligibility list
or excluded from such list. Any other remaining disputes shall be submitted to
the Arbitrator prior to the election. If the Arbitrator is unable to reach a decision
prior to the election, any other remaining dispute regarding voter eligibility shall
be resolved by voting, subject to challenged ballot.
7.2.e Code of Conduct.
1. The parties agree that the question of whether employees should be
represented by a union is one which the employees should answer for
themselves.
2. Content of Communications:
(i)
Neither the Medical Center nor the Union shall act in an
intimidating, threatening, or coercive manner. The parties agree to
convey their views about unionization in a factual, non-coercive
and non-intimidating manner, wherever and however that
information is conveyed. Neither the Union nor the Medical Center
will mislead employees.
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(ii)
(iii)
(iv)
(v)
(vi)
The Union and the Medical Center shall campaign in a positive and
non-disruptive manner, including but not limited to disrupting
patient care or the work day of the employees. The Medical Center
will not hold mandatory employee meetings to discuss
unionization. The parties agree not to make personal attacks on
hospital leaders or union officials
The Medical Center and the Union agree that they and their
representatives will not make statements, written or verbal, that
misstate the facts.
Both the Medical Center and the Union shall convey their views
about unionization in statements or communications that are
factually verifiable or that draw directly from statements made by
the other party, consistent with this Agreement
For the purposes of this paragraph 6.2(e), the parties agree that the
employees in the bargaining unit voting under this Agreement
shall not be considered "agents" of either party absent proof of
agency in connection to the specific conduct at issue.
The Employer will not inform or imply to eligible voters that they
will lose benefits, wages be subject to less favorable working
conditions by unionizing.
3. Use of Consultants. The Medical Center will not use management
consulting firm personnel during Union organizing campaigns to interact
directly with members of the potential bargaining unit to influence an
employee's vote. As provided by law, the Medical Center shall not
provide assistance to any individual or group who may wish to pursue an
anti-union campaign. Any use of consultants shall not conflict with the
terms of this Agreement.
4. Meetings Between Supervisors and Employees. The Medical Center's
supervisors shall not initiate one-on-one meetings with employees
regarding unionization. This shall not preclude a supervisor from
responding to an employee's questions about unionization, provided such
response is consistent with the terms of this Agreement. While this Code
of Conduct governs communication regarding unionization, it does not
restrict other communication between supervisors and employees.
5. No Mandatory Meetings. As provided above, the Medical Center will not
hold mandatory employee meetings regarding unionization. At
mandatory employee meetings that do occur, however, the Medical
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Center may announce the time, date, and place of elections. Other
questions regarding unionization will be referred to a voluntary meeting.
6. Status Quo Obligation. After the Union has filed its NLRB petition, the
Medical Center will maintain the status quo in working conditions, as
provided by law and will only make verifiable, prescheduled changes.
7. Pre-Screening of Written Communications. The Union and the Medical
Center shall pre-screen with each other all written literature distributed or
posted regarding unionization. Accordingly, before either party uses any
new piece of literature, it must first be submitted to the parties' designated
representative for review. If the representatives are unable to resolve their
differences, either party may fax the matter to the Arbitrator before the
end of the second business day for the Arbitrator's review and immediate
response. During the pre-screening of written communications, the
Arbitrator's determination shall be limited to whether the statements in
the communication are factual and consistent with the Code of Conduct.
This process is intended to be completed within 48 hours from beginning
to end. No level of the process may delay its movement to the next level.
Until the dispute is resolved, contested literature shall not be distributed
in any manner.
8. Objections to Communications. If the Medical Center or the Union
believes a factual error has been orally conveyed by the other party, either
party may post or distribute a written correction of the factual error in the
memo or letter format referred to above. Such a correction shall be
prescreened in the manner set forth above and shall be pre-screened
under the protocol set forth above.
9. ABSMC Position on Unionization. The Medical Center and its managers
and supervisors may offer opinions on unionization. Such opinions shall
be generally consistent with or drawn from the following statement The
Medical Center has historically had a constructive and mutually
supportive relationship with its employees. The Medical Center
consistently strives to act in the best interests of its employees. The
Medical Center prefers to have a direct relationship between employer
and employees and therefore prefers that employees vote to maintain a
direct relationship with the Medical Center. The Medical Center is also
committed to the principle that employees must be fully informed by the
Medical Center and the union about the advantages and disadvantages of
a direct employer/ employee relationship and representation by a union.
The Medical Center is also committed to the principle that employees
must be free to choose whether or not to join a union in a secret ballot
election conducted by the National Labor Relations Board. Both the
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Medical Center and the union must be free to inform the employees about
their position. Information presented by the Medical Center and the
Union to employees about unions will be accurate and factual and will be
presented to employees for the purpose of encouraging full discourse and
reflection.
10. Good Faith Participation. Both the Union and the Medical Center will use
the NLRB's procedure in good faith and neither shall use such procedures
for the purpose of delay in order to impede representation.
7.2.f
Access: In a facility in which the Union already represents employees of the
Medical Center, access shall be the same as the access provisions set forth in the
collective bargaining agreement. In a facility where the Union does not currently
have representational rights, the Union shall be permitted to speak to employees
in non-work areas such as the cafeteria, smoking areas, parking lots, waiting
areas, and break rooms. Union organizers shall respect the request of any
employee who does not wish to engage in a discussion or accept literature. The
Union also agrees not to disrupt the work of employees.
7.2.g Bulletin Boards: In a facility in which the Union already represents employees of
the Medical Center, literature may be posted on existing union bulletin boards.
In a facility where the Union does not currently have representational rights, the
Union shall be allowed to post a notice on pre-selected bulletin boards
designated by the parties, including, but not limited to, the existing bulletin
boards in employee break rooms and at least one space in the cafeteria.
7.2.h Conference Rooms: The Union may reserve a facility conference room, subject to
reasonable availability criteria and established hospital procedure, for the
purpose of meeting with employees eligible to vote under this. Agreement
Attendance shall be limited to Union employees, Union member organizers, and
eligible voters. If a conference room is not available during the desired time
period, ABSMC will make every reasonable effort to find an alternative space. To
the extent feasible, this room shall not be located near supervisory or
management offices.
7.2.i
Resolution of Disputes.
1. Rapid Response Team. The Medical Center and the Union shall establish a
Rapid Response Team to monitor compliance with and disputes regarding
these procedures and to attempt to resolve promptly disputes regarding
recognition and organizing issues. The Medical Center and the Union
shall each designate a top-level representative to discuss complaints about
violations of the Agreement. If one party believes that the other party has
violated these standards, the affected party should contact the other
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party's representative by phone or fax. The parties should have a direct
conversation within forty eight hours to try to resolve the issue. When the
parties agree that a violation has occurred, and it possible to correct the
problem, the party responsible for the violation will make a good faith
effort to correct the problem immediately. Unresolved matters involving
alleged violations of this Agreement may be referred to the Arbitrator
pursuant to paragraph 7.2(i)(2) of this Agreement, and the Arbitrator shall
issue a decision within forty-eight (48) hours of the submission of the
dispute.
2. Arbitration. Any unresolved dispute about compliance with or
construction of this article shall be submitted for final and binding
resolution to the arbitrator who has been selected for deciding disputes
under this Article. The Arbitrator shall be mutually selected by the parties
within thirty (30) days of the execution of this Agreement. If the parties
cannot mutually agree on the selection of the Arbitrator at the end of the
thirty (30) day period, the parties shall select a third party from a panel of
seven (7) arbitrators from a list submitted by the American Arbitration
Association. The parties will alternate striking, with the party first striking
determined by lot. In the event he or she is unavailable, the parties will
select a substitute by mutual agreement or through the American
Arbitration Association. The Arbitrator shall have the discretion to
establish procedures for the resolution of such disputes that may include
submission of evidence by the parties, and is authorized to develop and
order remedies that will ensure compliance with this Agreement. All such
disputes shall be resolved within fourteen days of the submission of the
issue, unless the issue concerns an alleged violation pertaining to conduct
raised before the election, in which ease, the Arbitrator shall rule within 24
hours of the issue's submission to him/her. The parties waive any and all
rights they might otherwise have to appeal or in any way contest the
decision of the Arbitrator. If any party fails to comply with the decision of
the Arbitrator, it hereby consents to enforcement of this Agreement and
any decision of the Arbitrator in any court of competent jurisdiction and
waives any defenses it might have to such enforcement. The parties agree
not to file petitions (except as specified in this Agreement) or charges with
the National Labor Relations Board, which may be handled under this
Agreement.
SECTION 8. WAGES
8.1 Schedule of Wages. The minimum straight-time hourly rates of pay shall be
shown in Appendix A attached hereto and made a part hereof.
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8.1.a All increases shall be effective at the start of the pay period following the
specified date or time period.
8.2 Payday. The Medical Center's payday is on a Friday. The Medical Center will use
its best efforts to pay employees working p.m. shifts and night shifts (as defined
herein) by the conclusion of their last shift which begins on Thursday. If the
Medical Center's pay day falls on an employee's day off, the Medical Center will
use its best efforts to have the employee's paycheck available by the end of the
shift on the previous workday. If the Medical Center uses symbols on payroll
checks, such symbols shall be explained to an employee on request. In addition,
the Medical Center will, to the best of its ability, issue paychecks no later than
2:30 p.m. on a payday. An employee shall be notified of a change in his or her
regular rate of pay.
8.3 Standby Pay. Any employee who has been instructed to "standby," but is not
called, shall be paid at the rate of one-half (1/2) the straight-time hourly rate of
his or her classification when on "standby." If called to work when on "standby,"
an employee shall receive a minimum of two hours' work or pay at the rate of
time and one-half (1-1/2) the straight-time hourly rate. An employee instructed
to be on "standby" on a paid holiday shall receive three quarters (3/4) time for
such standby.
8.4 Weekend Shifts. Weekend shifts shall be defined as those shifts in which the
major portion of the shift is worked on Saturday and Sunday. A weekend shift
differential of eight dollars ($8.00) shall be granted to all LVNs and LPTs who
work a weekend shift. All other regular employees who work a weekend shift
shall be granted a weekend shift differential of five dollars and sixty cents
($5.60).
8.5 Credit for Previous Experience. An employee hired by the Medical Center shall
start at the second step of the wage progression for the classification if the
employee has had three (3) or more years of verified previous experience within
the last five (5) years in the same classification at another accredited hospital. An
"accredited" hospital is an acute care facility so certified by the Joint Commission
for Accreditation of Hospitals or Medicare.
8.6 Promotion. When an employee is promoted into a higher job classification, he or
she will receive either the next higher step of the new classification or twenty
dollars ($20.00) per month, whichever provides the greater increase. After the
promotion, the employee shall receive further increases in pay at annual
intervals. The date of promotion shall be the anniversary date for such purposes,
based upon the schedule of wages for his or her new job classification.
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8.7 Meals. Employees working in the Food and Nutrition Services Department shall
be entitled to the equivalent of one (1) meal per shift eaten on the premises,
without deduction in their compensation. For the purposes of this section, the
equivalent of one (1) meal shall be considered food from the cafeteria that costs
up to ten dollars and fifty cents ($10.50). This amount shall be increased to eleven
dollars ($11.00) effective January 1, 2008. The parties agree that the value of
meals provided for Food and Nutrition Services Department employees shall be
calculated in accordance with existing law.
8.8 Shift Differential. A shift differential of one dollar and forty cents ($1.40) per
hour shall be granted to all employees (except LVNs, LPTs and ER Techs who
shall receive one dollar and eighty four cents [$1.84] per hour) working the p.m.
shift commencing at or after 12:00 noon and before 10:00 p.m. For all shifts
starting before 12 noon and continuing past 6:00 p.m., hours worked after 2:45
p.m. shall be paid the p.m. shift differential. A shift differential of one dollar and
seventy five cents ($1.75) per hour shall be granted to all employees (except
LVNs, LPTs and ER Techs who shall receive two dollars and forty-six cents
[$2.46] per hour) working the night shift commencing at or after 10:00 p.m. and
before 6:00 a.m.
8.9 Split Shift. A split shift is defined as eight (8) hours completed within a spread in
excess of nine (9) consecutive hours. No employee shall be required to work a
split shift and shall do so only with the consent of the employee. Employees
working a split shift shall be paid a premium of four dollars and twenty-five
cents ($4.25) a day in addition to their regular rate of pay; if such premium is
changed by the Industrial Welfare Commission, the Union may request
discussions on the subject matter. In addition, any split shift work completed
beyond a spread of eleven (11) consecutive hours shall be paid for at the rate of
time and one-half (11/2) for all hours worked beyond the eleven (11) hour
spread.
8.10 Heavy Duty Premium Pay. For employees in building service and food service
occupations performing "heavy duty work" for more than fifteen (15) minutes in
any one (1) shift, a premium of fifty cents ($.50) an hour shall be paid for actual
hours, or portion thereof, worked in such assignment For purposes of this
Section, "heavy duty work" shall be defined as heavy waxing (inducting
stripping and buffing), heavy carpet shampooing, heavy wall washing, heavy
window washing, heavy furniture moving, terminal cleaning of operating rooms
with heavy floor waxing, bulk linen distribution and collection, bulk waste
transport, floor care in corridors using an AFM machine, and Cold Room work
8.11 Food Services at Alta Bates. Within thirty (30) days of ratification of the 2006-
2008 Agreement, the Medical Center shill order new insulated jackets for
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employees working in the Cold Room (i.e., the Tray Line at Alta Bates). Such
jackets are for use only while working in the Cold Room.
8.12 Forty Years Bonus. For regular employees with forty (40) or more years of
service, a longevity bonus payment shall be paid on the employee's anniversary
date in the amount of one week's regular pay.
8.13 LVN License. Any employee who performs work directly with patients which
requires a valid license as a Vocational Nurse shall be so classified and paid.
Employees classified on April 1, 1981 as LVNs or Senior LVNs who work outside
the Nursing Department shall retain their classifications. On the date of
ratification of this Agreement, employees receiving LVN compensation who are
not in a LVN classification (and employees enrolled in the LVN training
program) shall be so classified and paid, with the condition that these employees
shall be placed in the next available LVN position with the same or higher FTE
and on the same shift.
8.14 Waiver of Academic Requirements. In the case where academic requirements
have been waived for licensure and an employee is granted a license, the Medical
Center shall determine whether or not such employee shall be assigned to LVN
duties and so paid. Disagreement with the Medical Center decision may be
referred to Joint Committee B by the employee through the Union.
8.15 Assignment to I.V. Therapy. All LVNs who are or become IV Therapy certified
and who are available to perform IV Therapy as part of their regular assignment,
will receive an across the board increase of ninety cents ($0.90) per hour which
shall be maintained above any and all LVN tenure steps and contractual wage
increases and shall be considered, for all purposes, part of their base hourly rate.
The Medical Center shall provide LVNs practical training in IV Therapy at no
cost to the employees.
8.16 Senior Licensed Vocational Nurse. This classification shall apply only to a
Licensed Vocational Nurse who is specifically and regularly assigned by the
Medical Center to direct the work of other employees in a work area for a major
portion of a shift and/or for a Licensed Vocational Nurse who is specifically and
regularly assigned by the Medical Center to be in charge of a nursing unit or
nursing station.
8.17 Senior LVN Rate. The wage rate for Senior LVN is thirty five cents ($0.35) an
hour above the wage rate for LVN. If the LVN is so assigned on a part time basis
(but this is the LVN's regular assignment), the thirty-five cents ($0.35) an hour
premium will be pro rated according to the number of shifts worked by the LVN
per week as a Senior LVN.
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8.18 ICU/CCU Assignment. The Medical Center and the Union recognize that LVNs
may or may not have orientation and/or experience in ICU/CCU. When an LVN
without orientation and/or experience is assigned to ICU/CCU, the LVN shall
function under the supervision of a Registered Nurse and shall perform only
those functions approved for practice by LVNs at the Medical Center. In the case
of an LVN without orientation and/ or experience in ICU/CCU, the Registered
Nurse in charge shall be notified. Orientation of LVNs to ICU/CCU shall be
provided as appropriate.
8.19 Central Processing Classification. The separate Central Supply positions at Alta
Bates and at Summit shall be consolidated. The wage scale is denoted in
Appendix A, attached hereto. The job titles in the classification shall be changed
to the following and shall be applicable at all three Medical Center campuses:
8.19.a CPD Tech I. Official certification shall not be required for this position. CPD Tech
Is may perform the duties of CPD Tech Hs.
8.19.b CPD Tech II. As a pre-requisite to attaining the CPD Tech II position, employees
will be required to have three (3) years of experience working in Central Supply
and/or Processing and to successfully complete an approved Central Service
Technician training course. Official certification shall also be required for this
position.
1. Application of CPD Tech II Position to Incumbent CPD Techs as of
February 2006:
(i)
(ii)
(iii)
The Medical Center shall not reduce the rate of pay for existing
CPD Tech Hs not currently holding certification.
Employees who pursue certification to attain and maintain the
status of CPD Tech II may utilize the contractual provisions for
Tuition Reimbursement and Education Leave.
Employees who chose to become certified will be classified as CPD
Tech II. No current employee will be required to seek certification.
Employees who are not certified as of February 8, 2007 will have
their wages red-circled until the CPD Tech I rate overtakes their
wage, or until they become certified, at which point their wages
will be that of a CPD Tech II at the appropriate tenure step.
8.19.c CPD Lead Tech. Based on the needs of the Department, the Central Processing
Lead Technician will be assigned on an as-needed basis among existing staff.
Compensation for work in this classification will be eight dollars ($8.00) per eight
(8) hour shift in addition to the regular shift rate. Any Lead positions in CPD will
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e awarded based on seniority among applicants who meet qualifications. The
primary qualification will be demonstrated leadership skills.
8.20 Ancillary Services Coder. The Medical Center shall create a new position called
Ancillary Services Coder. Employees in this position shall assign ICD-9-CM and
CPT-4 codes to ancillary (i.e., laboratory, radiology, and nuclear medicine)
diagnoses and procedures documented in narratives in the charge system, which
will determine reimbursement for the Medical Center. The wage scale for this
position is denoted in Appendix A, attached hereto. The parties shall meet to
discuss any disputes regarding the Ancillary Services Coder position. Any
unresolved disputes regarding the appropriate pay scale for this position shall be
subject to the provisions of paragraph 1 of Section 10(Job Duties and New
Classifications).
8.21 Minimum Terms. It is understood that the provisions of the Agreement relating
to hours, wages, and working conditions are intended to establish minimum
terms for the hiring of employees subject to this Agreement, that so long as the
Medical Center meets these minimum terms with respect to such employment, it
has fully performed its obligations under this Agreement, that this Agreement is
not intended to preclude or discourage the hiring of employees under terms
more favorable to them, and accordingly, if an employee is hired under more
favorable terms, this shall be a matter of individual arrangement with such
employee, and such arrangements may be established, eliminated, or changed at
any time without relation to this Agreement.
SECTION 9.
STAFFING COMMITTEE
9.1 Patient Care and Staffing. The Employer and the Union agree that quality patient
care and an appropriate working environment require adequate staffing. Staffing
levels and patient services delivery methods may be reviewed by the Joint
Staffing Committee. Proposed changes in staffing levels (i.e., changes in matrices,
changes in the number of positions staffed in units that do not use matrices,
changes in staffing, if any, due to the implementation of Electronic Health
Records ("EHR"), and changes in staffing levels due to the expansion or
relocation of services) and changes in patient services delivery methods that are
mandatory subjects of bargaining shall be submitted to the Joint Staffing
Committee at least thirty (30) days in advance of the proposed change, except
that changes due to the implementation of the EHR shall be submitted to the
Joint Staffing Committee at least six (6) months in advance of the proposed
change.
9.2 Membership. The Staffing Committee shall be comprised of five (5) bargaining
unit employees selected by the Union, one (1) union field representative, and up
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to six (6) representatives of the Medical Center. The parties may mutually agree
to expand the number of representatives to these committees as the need may
arise. The employees and Medical Center Administration may change their
representatives on the Joint Committee from time to time.
9.3 Meetings. The Committees are guaranteed one meeting a month, provided five
(5) days' notice is given by the moving party, along with an oral or written
proposed agenda. Authorized employee representatives will be granted time off
to attend committee meetings, provided they have given their supervisors at
least five (5) days' notice. When an employee cannot be granted the requested
time off due to staffing requirements, the committee meeting may be
rescheduled within five (5) days at the discretion of the Union. Additional
meetings in a given month may be arranged and scheduled by mutual
agreement.
9.4 Compensation. Employee representatives on a Joint Committee shall be
compensated at straight-time for attendance at Committee meetings. Time spent,
within regular working hours with the work of the Committee by representatives
chosen by the Union shall be considered and compensated for as their regularly
assigned work to the extent provided for in this Section.
9.5 Upon request by a member of a Joint Committee, the Committee shall be
provided with all relevant information related to the subject matter in this
Section under discussion.
9.6 Review Committee:
9.6.a At the request of either party, a difference of opinion between the representatives
of the Joint Committee regarding staffing levels, a proposed change in staffing
levels or the patient services delivery method (as identified in Section 8.1) shall
be referred to the Review Committee. If either party jointly or individually has
determined that the process has stalemated (in its own discretion), the issue may
be unilaterally sent to the Review Committee. The Review Committee will be the
exclusive means for resolving any such differences of opinion and shall be
composed of:
1. The President of the Union or designee and one (1) Union member of the
Joint Committee.
2. Two (2) members of the Medical Center's management team.
9.6.b A meeting shall be held within ten (10) days of the referral, unless the Review
Committee mutually agrees otherwise. The purpose of the meeting will be to
jointly review the original problem presented by the Joint Staffing Committee,
together with a summary of the information exchanged between the parties on
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the problem or change proposed since its original presentation and to begin joint
explorations leading to resolution of the matter. The recommendation of the
Review Committee shall be reached within thirty (30) days of the Staffing
Committee's last meeting regarding the issue.
9.6.c
In the event the Review Committee is unable to reach agreement on a
recommendation by the timeline set forth in 8.6(b), a mutually agreed upon
third-party neutral may be brought in to join the committee. In the event the
Review Committee remains unable to resolve the issue, the third-party neutral
shall decide the final resolution which will be implemented. In reaching
resolution, the third-party neutral must issue an award that meets the Solucient
Action 0 I, top 25th percentile national benchmarking standards for the
appropriate department in question, and also takes into account information
regarding area and quality care standards regarding staffing, other applicable
state and federal laws, physician recommendations regarding quality of care,
business needs, and any other relevant information presented by the parties. For
those applicable licensed classifications, the neutral third party's award shall be
in accordance with AB 394. In making a final decision on the issue presented to
the Review Committee, based on the information presented by the parties, the
neutral third party will be acting as a labor arbitrator, and the decision will be
treated as final and binding by the parties. Either the Union or the Medical
Center may seek to vacate the decision pursuant to applicable state or federal
law. The neutral third party shall issue his or her award within thirty (30) days of
joining the committee.
9.6.d Selection and Qualifications of Neutral Third Party. Unless the parties agree
otherwise, the third party neutral shall be selected by alternate striking (first
strike determined by lot) from one of the following three (3) persons:
1. Paul Staudohar
2. John Kagel
3. Joe Henderson
9.6.e In the event that one of the arbitrators on the panel is unable to serve as a third
party neutral or arbitrator, the parties shall jointly select a replacement to restore
the panel to three members by soliciting a list of persons from the FMCS, AAA,
or other similar governmental or non-governmental organizations, who met the
following criteria:
1. at least five (5) years of experience as a Healthcare Professional or
arbitration experience with patient services and acute care issues; and
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2. no current or prior employment or consulting arrangement with, ABSMC,
Sutter Health, or SEIU or any of their divisions or affiliated entities.
From that list, the parties will select a mutually agreed upon replacement by
alternate striking (first strike determined by lot).
9.7 Notwithstanding this process, the Medical Center may implement a proposed
staffing level change or patient services delivery method that is a mandatory
subject of bargaining either upon agreement with the Union, if the neutral third
party has not issued his or her award within thirty (30) days of joining the
committee, or following sixty (60) days after it is proposed by the Medical
Center, if a neutral third party is not going to be issuing an award on this
proposed change. The parties agree that any staffing level change that is
implemented by the Medical Center pursuant to this subsection that has not been
agreed to by the Union is subject to being reversed on a prospective basis by the
neutral's award under Section 9.6(c), above.
9.8 The Union may seek a final and binding decision from a third-party neutral
under this section of the contract no more than two times per anniversary year of
the contract and each such decision shall cover no more than a single proposed
staffing level change or patient services delivery change.
SECTION 10. JOB DUTIES AND NEW CLASSIFICATIONS
10.1 In the event that the Employer establishes a new classification within the
bargaining unit, in addition to those now in existence, the Employer and the
Union will meet to negotiate with respect to rate of pay and job duties, prior to
implementation. The parties will make a good faith effort to reach a settlement If
the parties are not able to reach agreement on the wage scale for the new
classification, the Employer may implement and the Union may, within fifteen
days, request the services of mutually agreed upon mediator. If the parties are
unable to mutually agree upon a mediator, they shall request an impartial third
party list from the Federal Mediation and Conciliation Service. The parties shall
alternately strike the names from the list provided until one name remains. At
the end of the mediation, if the parties do not agree, the third party will issue a
recommendation on the appropriate pay scale for the classification, which shall
match one of the existing wage scales in the Agreement Each party will bear all
of the expenses of its members. The fee from the Federal Mediation and
Conciliation Service shall be borne equally by both parties.
10.2 The Employer shall maintain and review job descriptions for all classifications
which will be remitted to the Union. It is recognized that changes of job titles and
duties contained in this Agreement may be necessary. In the event the Employer
21

intends to change job descriptions, it will send the Union a draft of the changes,
with the changes indicated. Within fifteen days, the Union may request and the
Employer will meet to discuss the proposed job description. The parties will
make a good faith effort to reach a settlement. If the parties are unable to reach
an agreement, the dispute may be submitted to the Staffing Committee.
SECTION 11. HOURS OF WORK
11.1 The straight-time work week shall be forty (40) hours, five (5) days per week. A
straight- 'time day's work will consist of no more than eight (8) hours. If an
employee is required to work in excess of eight (8) hours in any day or in
excess of forty (40) hours in any one (1) work week, he or she shall be paid
overtime at the rate of time and one-half (11/2) the straight-time pay. All paid
hours except Jury Duty, Educational Leave, Vacation and Bereavement leave
shall be counted in the computation of overtime.
11.2 Double the employee's regular rate of pay shall be paid for all hours worked in
excess of twelve (12) consecutive hours in any one workday, excluding meal
period.
11.3 Work performed within the work week of Sunday through Saturday night on
the seventh day thereof, shall be paid at the rate of double the straight-time
pay. Wherever practical and possible in the light of Medical Center
requirements, the Medical Center will endeavor to schedule two (2)
consecutive days off a week. No employee shall be required to work two (2)
full shifts within a period of twenty-four (24) hours; provided, however, that if
in an emergency the Medical Center cannot secure the consent of sufficient
employees to work as is necessary within a unit or department the Medical
Center may require such work by assignment in the inverse order of seniority.
11.4 Work Schedules:
11.4.a
11.4.b
Work schedules shall be posted at least two (2) weeks in advance. An employee
whose posted work schedule is to be changed will be notified as soon as
possible of such change.
All shifts shall be a minimum of four (4) hours.
11.5 Where employees in a department have not waived the weekend off provisions
of subsection 10.8 of this Section, it is not required that any employee in such
department be paid one and one-half (1-1/2) times the basic straight-time
hourly rate for work in excess of five (5) days per week, or two (2) times the
basic straight-time hourly rate for work on the seventh (7th) consecutive day of
the week, or that employees in such department shall receive two (2)
22

consecutive days off each week without split or rotation. All such employees
shall be paid weekly overtime in accordance with the eighty (80) hour option
under the Federal Fair Labor Standards Act, may be required to work back to
back work weeks, and may have their days off rotated or split without penalty.
However, the provisions of subsection 10.6, Days Off, of this Section shall
apply to such employees.
There shall be no pyramiding of overtime under this Agreement.
11.6 Days Off. An employee required to work more than seven (7) consecutive days
without a day off shall be compensated thereafter at time and one-half (1-1/2)
the employee's basic straight-time hourly rate for each day worked (or portion
thereof) after the seventh (7th) day until granted a day off. This provision may
be waived on the request of an individual employee and with the agreement of
the Medical Center.
11.7 Reporting Pay. An employee who reports to work, as scheduled will be
guaranteed four (4) hours of pay at straight-time for reporting as scheduled if
work is not provided by the Medical Center. If such employee reports to work
as scheduled and works in excess of four (4) hours, the employee will be
guaranteed eight (8) hours of pay at straight-time if work is not provided by
the Medical Center, unless the employee's schedule is understood to call for a
shift of less than eight (8) hours, in which case the employee will be paid for
scheduled hours only. In the case where an employee is called to work at the
last moment and only works seven (7) hours of the shift, such employee shall
be compensated for eight (8) hours of work. In cases where the employee is
entitled to overtime, the employee will receive overtime at the rate of time and
one-half (1-1/2) for actual hours worked or the appropriate guarantee,
whichever is higher. The foregoing guarantees shall not be applicable in the
event hours are reduced in accordance with Section 11.4(c).
11.8 Weekend Work:
11.8.a
11.8.b
The Medical Center will guarantee each full-time employee every other
weekend off. If the Medical Center requires a full time employee to work two
(2) or more consecutive weekends, the employee shall be paid at time and onehalf
(11) the straight-time hourly rate for work performed on the second (2nd)
consecutive weekend and each succeeding consecutive weekend until granted
a weekend off. This does not apply to full time employees who desire to work
certain weekends which make up a portion of the two (2) consecutive
weekends.
It is understood that to guarantee every other weekend off in a department, it
will be necessary to rotate days off for all full time employees in such
23

departments, there will be no restrictions on split days off in such departments,
and the Medical Center may utilize back to bark work weeks and the "eighty
(80) hour option" under the Fair Labor Standards Act for the purposes of
(...outputting overtime, except as modified in subsection 103 above. Therefore,
employees in a department may elect to waive the provisions of subsection 10.8
so that it will have no application to their department. Such waivers shall be by
a vote in each department and shall endure for a period of one (1) year. In the
event employees in a department wish to have such a vote conducted, the vote
shall take place in November to be effective in the following calendar year. A
Union representative shall be entitled to be present at such voting.
11.8.c
11.8.d
11.8.e
When employees in Environmental Services or Dietary Departments on any
shift vote to implement an every-other-weekend-off provision, it is understood
that, in addition to the terms of the above paragraph, it may be necessary to
reduce the hours of full-time employees.
When Nursing Department employees on any shift elect the weekend-off
provision of subsection 11.8, the Medical Center shall implement an everyother-weekend-off
schedule. If the Medical Center believes that such a schedule
cannot be practically and consistently achieved, it shall promptly notify the
Union, and the parties shall meet and confer to resolve the issue. If not
resolved, the matter shall be referred to the Staffing Committee under
subsection 9 of this Agreement. A more satisfactory policy now in effect in any
department shall not be changed by reason of this provision.
In so far as it is practicable and consistent with staffing needs of each
department, the Medical Center will make every effort to create as many
weekend off positions as possible. For the purposes of Section 10.8(e) only, a
"weekend off" may be defined as Friday/Saturday, Saturday/Sunday,. or
Sunday/Monday. To implement the foregoing, the parties agree to create a
Weekends Off Scheduling Committee to be composed of, on a departmental
basis, three (3) Union representatives and three Medical Center representatives.
11.9 Rotation of Shifts
11.9.a
11.9.b
Current rotating shifts may be continued except that any complaint with
respect to such rotation may be submitted to the Joint Committee procedure.
The Medical Center shall be allowed to establish new rotating shifts for the
following purposes or under the following circumstances:
Training of employees, relief, emergencies, consent of the employees, layoffs,
and employees hired specifically for rotation. The Medical Center agrees to be
reasonable in applying these exceptions.
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11.9.c
11.9.d
There shall be at least twelve (12) hours between shifts in agreed upon rotation
unless the employee waives such provision.
Any other rotation of shifts is subject to mutual agreement between the Union
and the Medical Center.
11.10 Work in Higher Classification. Any employee who is required by the Medical
Center to perform work in a higher paid classification covered by this
Agreement (except for rest periods and meal relief) shall be paid at a rate based
on the ratio of time spent in each classification. Any employee who is required
by the Medical Center to perform supervisory relief work for the major portion
of his or her shift shall be paid an additional three dollars and fifty cents ($3.50)
per shift. All employees employed by the Medical Center who prior to this
agreement have received pay for supervisory relief work in excess of $3.50 per
shift shall continue to receive such differential for the life of this Agreement.
11.11 Rest Periods. Each employee shall be granted a rest period of fifteen (15)
minutes during each half (1/2) shift without deduction in pay.
11.12 Categories of Employees:
11.12.a Regular Full-Time. An employee who works a predetermined work schedule of
forty (40) hours per week or on any full time rotation system
11.12.b Regular Part-Time. An employee who works a predetermined work schedule
of twenty (20) hours or more, but less than full time as described above.
Regular part time employees may place their names on a separate list for
additional work on their regularly assigned station and unit (on a single shift or
all shifts and stations).
11.12.c Short Hour. An employee who works a predetermined work schedule of less
than twenty (20) hours per week and who may work other relief hours
(vacation, holiday, leave of absence, sick leave, etc.) or increased hours
temporarily because of fluctuations in census, as agreed between the employee
and the Medical Center.
11.12.d Casual. An employee who works relief hours (vacation, holiday, leave of
absence, sick leave, etc.) or other temporary hours because of fluctuations in
census, as agreed between the employee and the Medical Center.
11.12.e Reclassification of Short-Hour and Casual Employees. A short-hour or casual
employee who is regularly assigned for a period in excess of ninety (90)
calendar days to a work schedule of twenty (20) hours a week or more on the
same shift shall be reclassified as a regular full-time or regular part-time
employee. Hours worked by a short-hour or casual employee filling an
25

available temporary position shall not count towards reclassification. Hours
worked by a short-hour or casual employee on any other shift and hours
worked in a temporary position pursuant to Section 11.12(f) shall not count
towards the hours' requirement for reclassification.
A short-hour or casual employee who is reclassified shall be in a non-assigned
position subject to varying work assignments as determined by the Medical
Center, including weekend work. The reclassified employee must bid on the
next available benefited position in the same classification and of the same or
greater FTE status for which he/she is qualified. If the reclassified employee
fails to bid on the next available position as described above, the employee
shall automatically return to his/her prior status before reclassification.
If the reclassified employee bids on the next available benefited position in the
same classification and of the same or greater FTE status for which he/she is
qualified but is not awarded the position, the employee shall remain in the
non-assigned position, under the terms described above.
The reclassified employee may bid on a lesser FTE position; however, a failure
to bid on a lesser FTE position shall not affect the employee's status.
11.12.f Temporary Positions. In the case of a leave of absence or disability of a full-time
or part-time employee which is expected to last thirty (30) days or more, the
Medical Center may post a temporary position to fill that position on a
temporary basis, pursuant to Article 12.5, Permanent Vacancies. Full-time and
part-time relief employees (without a regular assignment or who are regularly
working outside of their regular assignment), short-hour and casual employees
in the same department shall be considered for the position in the following
order of seniority if they meet the qualifications of the job and if their work
performance has been satisfactory on their current job:
1. Full-time and Part-time relief employee without a regular assignment or
regularly working outside of their regular assignment;
(i)
(ii)
Short-hour employees; and
Casual employees.
2. A part-time relief, short-hour, or casual employee selected to work the
schedule of an employee on an approved leave of absence or disability
shall not forfeit credited days or weeks, as applicable, attained prior to
acceptance of the position. Time worked in the position does not count
towards time needed to receive a change in employment category.
3. A short-hour employee may return to his or her previous short-hour
position upon completing the assignment. His or her short-hour position
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will be distributed as per Section 11.7. Full-time and part-time relief
employees shall also return to their previous relief positions upon
completion of the assignment.
4. Short-hour or casual employees will continue to receive the "in-lieu of
benefits" differential to which he or she is entitled during the time worked
in the position.
5. An employee working in such a position may bid on a permanent fulltime
or permanent part-time position that is posted.
6. The Medical Center shall re-post a temporary position after an employee
has held the position for the originally posted duration or six (6) months,
whichever is later. The Medical Center's obligation to re-post the position
shall only apply to temporary positions that are expected to last at least
another thirty (30) days after the date triggering the obligation to re-post
the position.
7. An employee holding a bidded relief position is not eligible to bid on
temporary positions, unless such employee has not been assigned on a
regular basis to relief.
11.12.g The parties agree that Department managers will be told the importance of
monitoring employee hours and reclassifying employees, with the employees'
consent, when they become eligible.
11.13 Rest Between Shifts. Each employee shall have an unbroken rest period of at
least twelve (12) hours between shifts, and of at least fifty five (55) hours
between shifts when the employee is off on the weekend or two (2) consecutive
days off, and of at least thirty one (31) hours between shifts when the employee
is off on a holiday or on a single day off. All hours worked within the above
rest periods shall be paid at the rate of time and one-half (1-1/2). This provision
may be waived at the request of the individual employee and with the
agreement of the supervisor. Overtime for which premium pay is given shall
count as rest periods for the purposes of this paragraph.
11.14 Absenteeism. In the event employees are absent the Medical Center will use
every reasonable effort to replace such employees if the Medical Center sees
the need to do so from an operational standpoint If employees who are absent
are not replaced, the remaining employees will be expected to perform only a
normal full day's work,
11.15 Ambulatory Treatment Center. If it becomes necessary to adjust an employee's
starting time after the schedule is posted, the Medical Center must notify the
employee not later than 3:00 p.m. on the calendar day preceding the change. In
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no event can an employee's starting time be adjusted by more than one (1) hour
earlier or later. The Section only applies to employees in the Ambulatory
Treatment Center.
Ambulatory Treatment. Starting time shall not be flexed more than one (1) hour
and if starting time is flexed that has to be stipulated when job is posted.
11.16 Overtime Procedures. Employees shall not work more than the following
except in an emergency: (a) sixteen (16) hours in a twenty-four (24)-hour
period, or (b) ten (10) consecutive days or more than 96 hours in any period
without first taking a rest period of at least 24 hours.
11.16.a Any overtime work must be approved and authorized in advance by
supervisory or managerial personnel. The Medical Center will exercise its best
efforts to follow the procedures outlined below, however, the parties expressly
recognize that exigent circumstances may preclude strict compliance with the
procedures.
11.16.b A list will be maintained in each department with the names of employees
interested in overtime. This list will be revised every six (6) months.
11.16.c When the Medical Center determines overtime is necessary, employees will be
offered overtime in the following manner:
1. Prescheduled Overtime - If the Employer has enough advance notice of
the need for overtime, such overtime will be scheduled by offering
overtime by seniority to those qualified employees who have expressed
interest in overtime.
2. Overtime the Need for Which is Unforeseen - When the need for overtime
arises which is unforeseen, the Employer will offer such overtime first on
the basis of seniority to qualified employees who have expressed interest
in overtime and are available to commence work without any delay or
disruption of the work flow.
3. Overtime for Short Periods of Time - Overtime which is needed for short
periods of time, generally less than one (1) hour (for example: to complete
an existing assignment) will not be offered by seniority unless practical
and that there will be no delay or disruption of the work flow.
11.16.d Call in Procedures. Representatives of the Union and the Medical Center agree
to meet to work out the specifics of the applicable call in procedures for each
department. Unless there is mutual agreement to change, the provisions of the
prior agreement in Sections 11.16 (Overtime Procedure) and 12.7 (Use of Casual
28

List) shall govern, including the six month lists referred to in Sections 11.16(b)
and 12.7.
11.17 Mandatory Overtime. There shall be no mandatory overtime, except in
emergency situations declared by local, state or federal government. The parties
acknowledge that the Medical Center may use registry or other outside services
to supplement the workforce when employees are not available for work
SECTION 12. SENIORITY
12.1.a Commencement of Seniority:
1. Current Employees as of May 1, 2001: All employees in the bargaining
unit as of May 1, 2001, including casual employees, shall receive a
seniority date based on each employee's most recent date of hire by the
Medical Center, which shall include service with either Alta Bates or
Summit
2. Employees Hired Into Bargaining Unit Positions Following May 1, 2001:
Any employee, including a casual employee, hired into or who transfer
into a bargaining unit position following May 1, 2001 shall receive a
seniority date based upon such employee's continuous length of service
within the bargaining unit.
3. Employees transferring into the bargaining unit who has been previously
employed by the Hospital in the CNA, UHW, Local 6, or Local 29
bargaining units shall be given seniority credit for such continuous service
as they may have accrued under the terms of such other Collective
Bargaining Agreement(s).
4. A Casual employee who is reclassified as a Regular Full-time, Regular
Part-time or Short Hour employee shall receive a seniority date as of such
employee's most recent date of continuous bargaining unit employment,
including casual employment.
5. Employees who are hired by the Medical Center who were employed at
another Sutter Health affiliate shall have their seniority with the previous
facility recognized for the purposes of wage rates and benefit accruals, as
provided by the Medical Centers Inter-Affiliate Employment Policy. With
regard to the application of seniority for other purposes (i.e., layoffs and
job bidding), an employee who is hired by the Medical Center who was
employed at another Sutter Health affiliate in a bargaining unit
represented by SEIU shall be credited with his or her bargaining unit
seniority from the previous facility, provided that that other Sutter Health
29

facility reciprocally recognizes the seniority of an employee from ABSMC
covered by the SEIU contract
12.1.b Loss of Seniority. Seniority shall be terminated by:
1. Discharge;
2. Resignation;
3. Absence in excess of twelve (12) consecutive months by reason of
industrial injury for employees with less than five (5) years of service and
eighteen (18) consecutive months by reason of industrial injury for
employees with five (5) years or more of service unless extended by
mutual consent
4. Absence in excess of six (6) consecutive months by reason of illness or
non-industrial injury, unless extended by mutual consent;
5. Layoff without recall to a regular or short-hour position in excess of
twenty-four (24) consecutive months;
6. Failure to return from a leave of absence in accordance with the terms of
the leave; and
7. Receipt of requested severance pay.
12.1.c Layoff Defined. Temporary layoff is defined as layoff which is not expected to be
more than fourteen (14) calendar days. Indefinite layoff is defined as a layoff
which is uncertain in duration and is expected to be in excess of fourteen (14)
days. Permanent layoff is defined as a layoff resulting from the abolishment of a
department or classification or position where there is no reasonable expectation
of recall; from the discontinuance of a service; or from any layoff in excess of six
(6) months. Casual employees shall be the first to be laid off and the last to be
recalled when there is reduction of the work force, and short-hour employees
shall be next according to seniority to be laid off and recalled.
12.2 Seniority Rosters. The Medical Center shall furnish the Union with the following
seniority lists: 1) regular full time and regular part time employees with notation
of whether or not such part time employees are on a separate list for additional
work on their regularly assigned station or unit (single shift or all shifts or
station); 2) short-hour employees with notation of whether or not such
employees will accept casual assignments; 3) casual employees with notation of
whether or not such employees will accept casual assignments on a single shift or
on all shifts. Such master seniority lists shall be kept current by advising the
Union, on a monthly basis, what employees have been terminated, and what
new regular full time, regular part time, and short-hour employees have
achieved seniority by completing thirty (30) days of continuous employment.
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12.3 Employment Security:
12.3.a Subcontracting. The Medical Center and the Union mutually agree to work
together to improve patient care at the Medical Center and job security for
employees. To assist the parties in accomplishing these goals, the parties agree as
follows:
1. Bargaining unit work that is subcontracted (either currently or pursuant to
practice) at (i) Alta Bates may continue at Alta Bates; and (ii) Summit may
continue at Summit.
2. Except as provided above, and notwithstanding Section 1.2, no further
bargaining unit work will be subcontracted, except by the parties' mutual
agreement.
3. Consolidation of operations among Alta Bates, Herrick, and Summit, or
transfers of bargaining work among Alta Bates, Summit, and Herrick shall
not be considered subcontracting for purposes of this provision.
4. The Medical Center shall give the Union at least ninety (90) days notice of
a planned major consolidation of operations that affects represented
employees. For purposes of this section, a "major" consolidation does not
include consolidations of operations and other work transfers that are
either (a) due to fluctuations and other changes in patient census, or (b)
consistent with past practice. The Medical Center shall give the Union
notice of other changes in work operations as required by this Agreement
and the law.
12.3.b The parties acknowledge a common goal and intent of providing employment
and income security to employees. As such, it is the intent of the parties to avoid
displacement of employees, but recognize there are circumstances when
avoiding displacement cannot be achieved. The parties acknowledge a mutual
intention to make use of attrition, business growth, job matching, refraining and/
or other mutually agreed upon mechanisms to accomplish this goal. Insofar as
practicable, the Medical Center will make every effort to avoid displacing
employees, i.e., reductions in force, reduction in hours, daily cancellation, and
job elimination on a temporary, indefinite, or permanent basis.
12.3.c Work Force Planning Committee:
1. The parties will establish a Work Force Planning Committee composed of
an equal number of Employer and Union-designated representatives. The
Work Force Planning Committee shall use a proactive approach to
31

identify potential issues before they become problems. The committee
shall have the following areas of responsibility:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
Identify current and anticipated vacancies, including vacancies that
may be available for employees facing displacement;
Projecting changes in the healthcare field;
Reviewing the impact of the Medical Center(s) announced business
plans on the workforce;
Identifying competencies of various positions to assist in
identifying retraining opportunities;
Retraining opportunities, including working with managers on
developing cross-training and other employee development
programs;
Discussing appropriate consolidation of casual hours in an effort to
retain regular positions;
Seeking governmental funding for education and retraining
opportunities for employees; and
(viii) Exploring programs to identify available positions for displaced
employees at other Sutter Health entities;
(ix)
Subcontracting; and
(x) Other mutually agreed-upon areas of concern regarding
employment security.
(xi)
Additionally, in light of the parties' joint commitment to minimize
daily cancellations as set forth in 12.3(d), the Workforce Planning
Committee will review these records of daily cancellations to
review ways to reduce the incidence of daily cancellations.
2. Education of Committee and Composition. Education will be provided to
the committee to assist it in accomplishing its purpose.
3. Five representatives selected by the Medical Center and five
representatives selected by the Union will participate in all committee
meetings on paid time at straight-time rates. Each party shall select one of
its representatives as a co-chair of the committee. The committee will meet
at mutually convenient dates and times. Meetings may proceed when a
32

quorum of the committee (i.e., at least 3 representatives from each party)
is present. During the first year following ratification, the committee will
meet at least every other month. After the first year following ratification,
the committee will meet quarterly. The committee may meet more
frequently by mutual agreement. Each meeting of the committee shall not
exceed two hours absent mutual agreement. The committee shall operate
by consensus.
4. The activities and recommendations of the Work Force Planning
Committee (as described in Section 12.3(c)(1)) shall not be subject to the
Grievance Procedure but may be referred to the Staffing Committee.
12.3.d Daily Cancellations for Regular Employees. Prior to implementing any
involuntary daily cancellations, the Medical Center shall identify whether there
is work available in the same department at another campus, for which the
employee has been cross-trained to perform and has current competencies. If
such work is available, the employee shall be notified, and the employee may
accept the offer of work, or exercise his or her option to utilize vacation for the
day(s) or take time off without pay. The Medical Center will keep records of its
efforts to comply with this provision, which shall be available for review at
reasonable times by employees upon request. The parties agree to the principle
that cancelled employees should receive work for which they are qualified, as
described above, before additional hours are given to other employees. Such
preference to cancelled employees shall not result in bumping or displacing
employees from additional work that was pre-scheduled prior to the
cancellation.
12.3.e Reduction in Scheduled Hours for Regular Employees. Prior to implementing
any reductions in the scheduled hours of a full-time or regular part-time
employee, the Medical Center shall identify any potential job opportunities that
may exist within the Medical Center for employees whose hours may be affected
or available casual work that may be used to supplement the reduced hours.
12.3.f Permanent or Indefinite Displacement of Regular Employees:
1. Prior to implementing any permanent or indefinite elimination of regular
positions, the Medical Center shall identify any potential job opportunities
that may exist within the Medical Center and will assist in facilitating the
transfer of regular employees whose jobs have been eliminated to vacant
positions within the bargaining unit at the Medical Center for which they
will be qualified to perform with appropriate orientation and/or on the
job training of no more than sixty (60) days.
33

2. Employees who are placed in such vacancy shall be paid at the rate
specified in the agreement for that position, with credit towards tenure
steps in the new position for service in the employee's former
classification, except that an LVN who performs duties requiring a valid
LVN license in the new position shall be classified and paid as an LVN.
3. At least ten (10) days prior to the issuance of the notice of layoff under
Section 12.4(b)(2), the Medical Center shall give notice to the union of an
anticipated permanent or indefinite layoff. The Union may request a
meeting of the Workforce Planning Committee to review the Medical
Center's processes for identifying position vacancies and confirm that
every effort is being made to find appropriate job opportunities. The
Workforce Planning Committee shall meet within two (2) business days of
such a request by the Union.
4. No Position Available. If no position is available for which a regular
employee otherwise subject to permanent displacement for which the
employee is eligible under Section 1230(4 then Section 124(b) shall apply.
5. Retraining for Employees Subject to Recall. Recall of employees to regular
positions in a particular classification and department from an indefinite
layoff shall be by seniority provided the employee returning to work must
meet the minimum qualifications at the time of recall or is expected by the
Medical Center to do so within the sixty (60) day orientation and training
period, as provided in Section 12.3(f)(1). Laid off employees who are
expected to perform the work adequately within the sixty (60) day period
but who fail to do so shall be returned to the recall list as if the recall had
not occurred.
12.3.g The Medical Center will assist a regular full-time or part-time employee in
identifying other job opportunities at other Sutter Health affiliates if another
position or additional work is not identified for the employee under Sections
11.3(e) and/or 11.3(f), above.
12.3.h Role of Seniority in Providing Retraining Opportunities. Except as specifically
provided above, it is not the intent of the parties to prefer less senior affected
employees for vacancies or retraining opportunities before more senior qualified
employees. In such cases, the parties will fill vacancies for positions and
retraining opportunities by seniority, as provided for by the terms of this
Agreement, and then use vacant positions to back fill the lower seniority affected
employee.
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12.3.i Training and Upgrade Fund. The Medical Center agrees to establish a Training &
Upgrade Fund in which it will contribute at least .25% of gross payroll of SEIUrepresented
employees of the Medical Center.
1. The training fund shall be jointly administered by six representatives
chosen by the Union (up to two from each campus) and six
representatives chosen by the Medical Center. At least one of the Union's
representatives may be, at the Union's sole discretion, a SEIU staff
representative. The Medical Center will continue to pay all SEIUrepresented
employees who are employed by the Medical Center and who
serve as administrators of the fund for time spent in the administrative
meetings of the fund, up to their scheduled PM hours.
2. The purpose of the fund shall be to provide extensive training and
retraining opportunities, including reduced work schedules, child care,
adult basic education, and other training programs that will enable
Medical Center employees to pursue enhanced career opportunities with
the Medical Center. The Medical Center agrees to bear all administrative
costs to the program(s) and the .25% annual contribution. The
administrative costs will be paid from the training fund. It is the intent of
the parties that the fund is to be fully expended each year.
3. Decisions by the jointly administered fund shall be by consensus and if
consensus cannot be reached, the committee members will vote, with
representatives from both parties voting in equal numbers.
12.4 Layoff and Recall:
12.4.a Temporary Layoff:
1. Except in cases where specialized work or skill or trained personnel are
required on the job, employees in the affected shift, classification, and
department shall be laid off or displaced in reverse order of seniority in
the case of temporary layoff.
2. The Medical Center shall establish the departments applicable to its
particular operation and post the same on the bulletin boards. For the
purpose of this Section and subject to the above exception, the
departments are Environmental Services (including Linen), Food Services,
Central Processing, Nursing (including Emergency and Mental Health),
and Surgery as set forth in the Agreement. Additional departments may
be posted depending upon the administrative framework of the Medical
Center as mutually agreed upon by the parties.
35

3. The Medical Center will call and attempt to reach employees subject to
temporary layoff as soon as possible prior to the layoff, but not less than
two (2) hours in advance.
4. Employees who are temporarily laid off from a shift, classification and
department shall be recalled in order of seniority.
12.4.b Indefinite or Permanent Layoff:
1. Except in cases where specialized work or skill or trained personnel are
required on the job, employees in the affected classification and
department shall be laid off at both campuses in reverse order of seniority
in the case of indefinite layoff or permanent elimination of a position or
service.
2. Employees subject to indefinite layoff will be notified no less than one (1)
week prior to the layoff or the conversion of a temporary layoff to an
indefinite layoff.
3. Recall of employees to regular positions in a particular classification and
department from indefinite layoff shall be by seniority provided the
employee returning to work must be able to properly perform the work to
be done
12.4.c Departmental Reduction of Hours. If, in the case of indefinite layoff, the Medical
Center or employees in a department or a unit wish to reduce hours in such
department or unit up to a maximum of twenty percent (20%) a week in lieu of
or in addition to layoffs as above provided, they may agree to do so only if the
employees in such department or unit vote by secret ballot in favor of such
action, provided the Union representatives first have an opportunity to give their
position on the matter to the employees involved and are present when the vote
is taken. Such reduced work week shall not extend beyond six (6) consecutive
weeks in any calendar year.
12.4.d Notice Prior to Indefinite or Permanent Layoff. Employees subject to permanent
layoff shall be notified no less than two (2) weeks prior to layoff or conversion of
an indefinite layoff to permanent layoff or shall receive two (2) weeks' pay in lieu
thereof.
12.4.e Casual Work for Laid Off Employees. Employees with seniority on indefinite or
permanent layoff will be called for casual work in their classification and
department in order of seniority by employee category (full-time or part-time
and then short-hour and then casual) and shall be given preference over all other
employees within their classification who are seeking casual work; provided the
employee called to work must be able to properly perform the work to be done.
36

Such employees will be paid a premium in lieu of benefits for all such hours
worked, subject to the provisions of 10.12(e).
12.4.f Bumping Within Classification. Employees with seniority who are subject to
indefinite or permanent layoff shall, in lieu of indefinite or permanent layoff,
displace, in order of seniority, any position in the same classification and shift,
for which he or she is qualified, which provides at least the equivalent number of
hours. Prior -to exercising their rights to displace, it is understood that the
affected employees will first exercise their rights to bid on any vacancy with at
least the equivalent number of hours in their same classification and shift. If
there is no such vacancy or position, such employee shall be offered the position
in the same classification and shift of the least senior employee in that
classification which will provide at least the equivalent number of hours of work
and for which she or he is qualified. If there is no position or vacancy with at
least the equivalent number of hours on the same shift, employees may displace
employees on the same shift with positions with fewer hours.
12.4.g Additional Bumping Rights for Employees with Six or More Years of Seniority. If
no vacancy is available, an employee who has six (6) or more years' seniority and
is subject to permanent or indefinite layoff shall have the right to displace the
least senior employee who: 1) holds a position which provides at least the same
number of scheduled hours previously worked by the employee subject to layoff
(or, if no such position is available, with scheduled hours most closely
approximating the employee's scheduled hours prior to layoff); and 2) works in a
classification within the affected department which is paid at an equal or lesser
rate, provided that the employee must be qualified to perform the work to be
done in the new position. An employee who displaces a less senior employee
under this paragraph 11.4(g) shall be paid at the regular rate for the new position
with credit towards tenure steps in the new position for service in the employee's
former classification, except that an LVN who performs duties requiring' a valid
LVN license in the new position shall be classified and paid as an LVN.
12.4.h Recall Rights to Original Department. An employee transferring to a new
classification or department under this Section shall retain those recall rights in
the former classification which were earned up to the time of transfer and can
exercise such rights if a vacancy occurs in such classification in the twenty-four
(24) months following layoff. During such twenty-four (24) month period, the
employee will be included in his or her former department rather than in the
new department in bidding for vacancies under Section 12.5.
12.4.i In the case of notice under this Section, such notice shall not be required in the
event of war, civil unrest, equipment breakdown, natural disasters or acts of
God.
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12.4.j Severance Pay. In addition to any other form of pay for which the employee is
otherwise eligible (e.g., vacation pay), regular part-time and regular full-time
employees who are permanently laid off shall be eligible for severance pay
according to the following schedule:
1. At least one (1) but fewer than two (2) years of continuous service - one (1)
week's pay.
2. Two (2) but fewer than three (3) years of continuous service - two (2)
weeks' pay.
3. Three (3) but fewer than six (6) years of continuous service - three (3)
weeks' pay.
4. Six (6) but fewer than ten (10) years of continuous service - four (4) weeks'
pay.
5. Ten (10) but fewer than eleven (11) years of continuous service - five (5)
weeks' pay.
6. Eleven (11) but fewer than fifteen (15) years of continuous service - six (6)
weeks' pay.
7. Fifteen (15) but fewer than twenty (20) years of continuous service -seven
(7) weeks' pay.
8. Twenty (20) but fewer than twenty-five (25) years of continuous service -
eight (8) weeks' pay.
9. Twenty-five (25) but fewer than thirty (30) years of continuous service -ten
(10) weeks' pay.
10. Thirty (30) or more years of continuous service - twelve (12) weeks' pay.
The costs of an employee's COBRA coverage shall be paid by the Medical Center
for the same time period as the employee's severance period.
Eligible employees shall have thirty (30) days from the date of notification of
permanent layoff in which to elect to receive severance pay. The seniority and
reemployment rights of employees shall be terminated upon their election and
receipt of severance pay.
12.5 Permanent Vacancies:
12.5.a Employees of the Medical Center may bid on positions posted according to the
procedures which follow.
12.5.b In the case of a permanent full-time or regular part-time or short-hour vacancy
on the same shift or another shift, employees shall, upon written bid under
Section 12.6, Posting Requirements, be awarded the vacant position in the
38

following order of seniority if they meet the qualifications of the job, and if their
work performance has been satisfactory on their current job. Minimum
qualifications shall appear on position postings.
1. Regular full-time and regular part-time employees within the department.
2. Employees from any department with more than 10 (ten) years' seniority
who are on layoff status, provided that such an employee who is a
successful bidder shall not be eligible to bid on another position for six (6)
months, and further provided that a successful bid shall have no effect on
an employee's recall rights.
3. Regular full-time and regular part-time employees from all departments.
4. Short-hour employees within the department.
5. Short-hour employees from all departments.
6. Casual employees within the department.
7. Casual employees from all departments.
8. Former employees who have been laid off for less than two (2) years.
9. Employees who have been off the payroll for less than one (1) year as
provided in Section 12.5(c).
10. Other applicants.
12.5.c Section 8.6 shall apply to compensation in the event the vacancy involves a
promotion. Former employees, who have been off the Medical Center payroll for
less than one (1) year and who have not been discharged for cause by the
Medical Center and who have not resigned without giving two (2) weeks' notice
unless the same is waived, will have their applications for posted jobs considered
before other applicants, provided that they meet the qualifications for the posted
job and have a prior record of satisfactory performance at the Medical Center.
12.5.d Employees who are promoted to a new position or who transfer to another
position through the bidding process shall have orientation as necessary, and
such employees shall have up to ninety (90) days of evaluation of their
performance. If, at any time within such ninety (90) day period, the employee
fails to perform satisfactorily, such employee shall be returned to his or her
former position without any change in seniority or wage rate in the former
position.
12.5.e Written request for transfer to a vacancy that may potentially occur within the
Medical Center may be submitted in advance, provided such request is
submitted in writing to the department in which the potential vacancy may
occur, with a copy to the Human Resources Department of the Medical Center.
Such written request shall constitute an automatic bid for thirty (30) days. It is
39

understood that any bid or written request under this paragraph is limited to
vacancies or potential vacancies in positions subject to this Agreement.
12.5.f An employee who applies for and is awarded a posted position may not apply
for another vacancy within six (6) months from the date that employee begins the
new position unless the new vacancy is greater in hours or greater in wage rate.
12.6 Posting Requirements. Except as provided in Section 12.4(f) hereof, it is
understood that in none of the foregoing instances does the contract contemplate
a bumping procedure. References are to permanent vacancies and are not to
assignments arising from rotation of personnel, vacation, holiday or sickness
relief. To aid in the administration of these provisions, permanent vacancies for
regular full-time, regular part-time, or short-hour jobs in any department will be
posted for five (5) working days on the intranet and with binders in the Staffing
Offices.
Within sixty (60) days of the ratification of the Agreement, the parties shall meet
to identify the locations for the available kiosks in order to ensure appropriate
access to the Medical Center's intranet. The Union shall identify up to six (6)
employees to meet with the Medical Center to identify the appropriate kiosk
locations.
This does not prevent the Medical Center from filling the vacancy on a
temporary basis during the five (5) day posting period.
12.7 Use of Additional Hours List. A list will be created every six months in each
department with the names of employees who have indicated their interest in
additional hours ("Additional Hours List"). The Additional Hours List will be
used to award additional hours under this section as well as pre-scheduled
overtime under section 11.16. Although pre-scheduled overtime is awarded
using the same Additional Hours List, the remaining provisions of this section
do not apply to the awarding of hours that would result in overtime for an
employee. Except in cases where specialized work or skill or trained personnel
are required on the job, regular part-time employees who are available for
additional hours, short-hour employees who are available for additional hours,
and casual employees shall be called by classification within the department on a
seniority basis for available work on a specific shift or on all shifts, by
telephoning in seniority order those employees on the Additional Hours List. No
regular part-time or short-hour employee expressing a desire for additional
hours or casual employee shall be required to report if such employee has
worked within the previous twelve (12) hours. The Medical Center will maintain
written records of such telephone calls, and such records will be available for
review by Union representatives upon request. Employees on the list(s) will be
offered additional hours in one (1) day increments or for the remainder of a
posted schedule for an absent employee holding a bidded position. In connection
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with the above, the Medical Center shall call employees on the list for a specific
shift before calling an outside agency or registry. The Medical Center shall call
regular part-time or short-hour employees who want additional hours and
casual employees within two hours in advance of a shift (the "Designated Call
Time"). Casual employees who fail to accept assignments during the Designated
Call Time for three (3) times during a ninety (90) day period and/or casual
employees who fail to make themselves available to work at least two (2)
weekend shifts out of eight (8) within a four (4) week period may be terminated.
Other employees who fail to accept assignments during the Designated Call
Time for three (3) times during a ninety (90) day period shall be removed from
the list for the duration of the six-month period for which that Additional Hours
List is in effect. Assignments within the meaning of this section refer only to
assignments during the time period(s) that the employee has made him/herself
available.
If a casual employee who is unavailable for work notifies the Department
Manager at least twenty-four (24) hours before the designated Call Time, failure
to accept a work assignment on that day will not be counted. (This does not
apply to cancellations of pre-scheduled confirmed shifts, which are subject to the
standard call-in practices.)
In Food Service, the Medical Center will leave a message if possible and will
allow the employee a period of fifteen (15) minutes in order to respond to the
call.
12.8 Qualified casual employees may be assigned to either campus. Qualified parttime
employees who are available for extra shifts may be assigned to either
campus. As used herein, "campus" means either Alta Bates or Summit Benefit or
Premium Eligibility
12.8.a Reclassification to Regular Status. Short-hour or casual employees receiving a
premium in lieu of benefits shall, upon classification as regular full-time or
regular part-time employee, start regular full-time or regular part-time benefit
accumulation and tenure advancement commencing from the change in
classification.
12.8.b Reclassification to Short Hour or Casual Status. Regular full-time or regular parttime
employees shall, upon classification as a short-hour or casual employee,
receive, effective on date of classification change, the premium in lieu of benefits
and shall be paid earned and unpaid vacation and earned, unpaid holiday pay
for which they are eligible until the date of classification change. Time off
equivalent to the earned and unpaid vacation and holidays above shall be
granted to employees upon request, provided such request is made at the change
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of status and time off is taken within the following six (6) months. Employees
who are reclassified will not have their tenure step reduced.
12.9 Assignments Between Summit, Ashby, and Herrick Sites. It is understood that (a)
when an operational necessity occurs, an employee may need to be sent between
Ashby and Herrick to work; and (b) in the event of an unexpected situation or
sudden occurrence of a serious and urgent nature, an employee may need to be
sent between Alta Bates and Summit. It is the intent of the Medical Center to
minimize this occurrence. The Medical Center shall select the employee with the
least seniority in the same shift, classification, and department who is scheduled
to work, providing that employee possesses the skill and ability to perform the
work. Such assignments shall be made in the following order: (1) Volunteers; (ii)
Casuals; (iii) Short-hour; and (iv) Full-time and Part-time.
12.10 Float Pool. Following ratification of this Agreement, if the Medical Center
decides to create a cross-campus float pool, the Union and the Medical Center
shall negotiate over the cross-campus float pool and other provisions related to
cross-campus floating.
SECTION 13. INTER-AFFILIATE EMPLOYMENT
13.1 The Medical Center shall recognize an employee's system-wide seniority for
benefits purposes only consistent with the applicable Inter-Affiliate Employment
policy. Recognition of an employee's system-wide seniority for the purposes
provided in the applicable policy shall not result in the displacement or the
reduction in hours of any employee of the Medical Center. For a reduction in
force, recall or bidding, only Medical Center seniority shall be used, consistent
with the terms of this contract.
13.2 The Medical Center shall retain the full right to hire external candidates to fill
vacancies, however, it shall grant preference in filling vacancies first to qualified
candidates from other affiliates who work or worked in positions represented by
the Union and second to qualified candidates from other affiliates over outside
applicants.
13.3 To assist applicants for employment who are or have been within the prior six
months regular employees laid off from other Sutter Health affiliates, the
Medical Center shall provide preference in hiring to such qualified applicants
from other Sutter Health affiliates over other outside applicants. In addition,
such applicants who are hired by the Medical Center shall be placed on the
salary schedule with full credit for years of service at other Sutter Health
affiliates, consistent with the applicable IAE policy.
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SECTION 14. PART TIME EMPLOYEES
14.1 A regular part time employee shall receive pro rated vacation, pro rated sick
leave, pro rated educational leave, and pro rated holiday pay when paid
holidays fall on the employee's regularly scheduled workdays. In addition, such
employees will be covered by the Health Plan, the Dental Plan, the Prescription
Drug Plan, the Vision Care Plan, and the Group Life Insurance Plait
14.2 Reclassification of Part-Time Employees. A regular part-time employee who is
regularly assigned to an additional day or days of work on the same shift beyond
his or her weekly schedule of work for a period of ninety (90) calendar days shall
be reclassified to a revised schedule consistent with such additional work unless
the employee has worked in a temporary position pursuant to Section 11.12(f).
Hours worked by a part-time employee filling an available temporary position
shall not count towards reclassification. To be eligible for reclassification, the
additional day or days worked must be on the same shift.
A regular part-time employee who is reclassified shall be awarded additional
hours of work based on a non-assigned schedule subject to varying work
assignments as determined by ABSMC, including weekend work. The
reclassified employee must bid on the next available benefited position in the
same classification and of the same or greater FTE status for which he/she is
qualified. If the reclassified employee fails to bid on the next available position as
described above, the employee shall automatically return to his/her prior FTE
status before reclassification.
If the reclassified employee bids on the next available benefited position in the
same classification and of the same or greater FTE status for which he/she is
qualified but is not awarded the position, the employee shall continue to receive
additional hours based on a non-assigned schedule subject to the conditions
described above.
The reclassified employee may bid on a lesser FTE position; however, a failure to
bid on a lesser FTE position will not affect the employee's status.
14.3 In-Lieu of Benefits Pay. Short-hour and casual employees shall receive one dollar
and twenty-five cents ($1.25) per hour above the regular starting rate for their
classification in lieu of fringe benefits other than shift differentials.
14.4 Short-hour or casual employees shall be eligible for progression to the next
tenure step upon accumulation of one thousand (1,000) hours of work, provided
1) no short-hour or casual employee shall advance more than one (1) tenure step
during the twelve (12) month period commencing with date of employment or
date of employee's most recent tenure advancement; 2) the accumulation is
accomplished in no more than three (3) consecutive years; and 3) a more
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eneficial practice in effect at the Medical Center shall be maintained for current
employees.
SECTION 15. JURY DUTY
15.1 A regular employee who has completed the probationary period and is called for
jury duty (or is subpoenaed to appear as a witness in a state or federal court
proceeding in which the employee is not a party) will receive the difference
between jury duty pay or witness fees and normal straight-time earnings. As a
condition to jury duty pay, the employee must notify the Medical Center as soon
as is reasonable after he or she receives notice to report (normally within twentyfour
[24] hours) and must cooperate in trying to be excused if the Medical Center
deems it necessary in the interest of patient care. Also, as a condition of receiving
jury duty pay, the employee must produce a receipt from the Jury Commissioner
that he or she has been called or served, if such receipts are provided.
15.2 If a day shift employee is excused from serving in time to complete a portion of
his or her shift, he or she will advise the Medical Center by telephoning and if
requested to do so, return to the Medical Center to complete his or her shift. If an
evening-shift employee is excused from serving within four (4) hours of
reporting for jury duty, he or she will advise the Medical Center by telephone
and if requested to do so, will work for up to four (4) hours that same calendar
day on that individual's shift. Night shift employees shall be excused from their
shift on the night before reporting for jury duty.
SECTION 16.
BEREAVEMENT LEAVE
16.1 A regular full time or regular part time employee who has completed his or her
probationary period shall be entitled to bereavement leave as provided herein.
16.2 When death occurs in the immediate family of a regular employee, such
employee will be entitled, at his or her option, to one (1) to three (3) days leave of
absence with pay within seven (7) days of the date of death for those scheduled
days of work that would have been worked but for the leave of absence. If
circumstances exist so that the funeral or memorial service is beyond the seven
day limit, exception shall be granted with written documentation of the funeral
or memorial service date.
16.3 Immediate family is defined to include spouse, mother, father, legal guardian,
daughter, son, sister, brother, current mother in law, current father in law,
current sister-in-law, current brother-in-law, grandparents, grandchildren, and
domestic partner, as defined by Medical Center policy. An additional two (2)
days of leave without pay shall be allowed for the employee to attend a funeral
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one hundred (100) miles or more from the Medical Center. The Medical Center
may require a reasonable proof of death in order to qualify an employee for
bereavement leave.
16.4 An employee shall receive an emergency vacation with time off and pay earned
and accrued up to the emergency vacation upon written request of the employee
and due to a serious illness or death in the immediate family (as defined in
Section 16, Bereavement Leave).
SECTION 17. ACCRUALS
17.1 Benefit Accrual. Regular full-time and regular part-time employees will accrue
benefits based on hours paid, except premium pay, or on the employee's predetermined
work schedule, whichever is higher.
Except as provided elsewhere in this Agreement, employees who are receiving
State Disability or Workers' Compensation and are integrating their sick leave
and/ or vacation, will continue to accrue full benefits until their accrued sick
leave and/ or vacation is exhausted.
It is understood that on a low census day an employee may be canceled at the
request of the Medical Center. Under this circumstance, the employee will accrue
benefits for scheduled hours but not worked hours.
17.2 Vacation Pay. Vacation pay shall be based upon the pre-determined work
schedule, or the actual hours worked (up to forty [40] weekly), whichever is
greater. For example, a regularly scheduled forty (40) hour per week employee
would receive vacation pay calculated at forty (40) hours. A regularly scheduled
20-39 hour per week employee would receive pay based upon the employee's
predetermined work schedule; or if the employee works more than the
predetermined work schedule, the employee will receive vacation pay based
upon the actual hours worked up to a maximum of forty (40) hours per week.
17.3 Accruals on Pay Stub. The employee's pay stub will include current vacation and
sick leave accumulation.
SECTION 18.
SICK LEAVE
18.1 Sick leave with pay for bona fide illness shall be granted for regular employees at
the rate of one (1) workday for each month of continuous employment
commencing with the first day of employment. Sick leave shall be accumulated
to a maximum of one thousand (1,000) hours. An employee shall not be entitled
to paid sick leave until he or she has been continuously employed for ninety (90)
calendar days. But, upon becoming a regular employee after ninety (90) calendar
days' employment, sick leave credit shall relate back to the first month of
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employment. Upon request by an employee, the Medical Center shall furnish
such employee with his or her sick leave record.
18.2 There shall be a one (1) workday waiting period preceding each illness for which
the employee shall receive no sick leave compensation. The one (1) day waiting
period shall not apply if an employee is hospitalized for an on the job injury or if
he or she is ordered to remain off work by the examining physician. This one (1)
day waiting period will be eliminated for all regular employees with one (1) or
more years of continuous service. Sick leave shall be paid for normal working
days and shall not exceed five (5) sick days in any week Pay for sick leave shall
be at the same rate the employee would have received had the normal working
day been worked. An employee may use up to one-half of his or her annual
accrual to attend to the illness of a child, parent, or spouse (or spousal
equivalent) of the employee.
18.3 The Medical Center may require reasonable proof of disability sufficient to
justify the employee's absence from work for the period claimed. A doctor's
certificate may be required only if the employee has been absent for more than
three (3) consecutive days of work or if the Medical Center has reason to believe
the absence is an abuse of the sick leave provision.
18.4 Payment of sick leave shall not affect and shall be supplementary to disability
payments or Worker's Compensation An employee entitled to disability or
Worker's Compensation benefits shall receive, in addition thereto, such portion
of his or her accumulated sick leave as will meet, but not exceed, the standard
earnings of such employee for his or her normal work week, up to a maximum of
five (5) days.
18.5 Earned sick leave shall be granted to an employee when circumstances make it
impossible to schedule a medical or dental appointment during non-working
hours. When it is necessary to schedule an appointment during working hours,
an employee, insofar as possible, shall endeavor to schedule such appointment at
the beginning or at the end of the employee's shift. Sufficient advance notice shall
be given by the employee.
18.6 An employee with ten (10) or more years of continuous service may convert
accumulated sick leave to pay at the rate of three (3) days sick leave to one (1)
day's pay in the event of termination, including retirement or resignation. The
maximum payout for any employee under this provision is ten (10) days' pay.
SECTION 19. VACATIONS
19.1 Two (2) calendar weeks vacation shall be granted to regular employees with pay
therefore at the rate of two (2) work weeks (ten [10] workdays) for twelve (12)
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months continuous employment Three (3) calendar weeks vacation shall be
granted to regular employees, with pay therefore at the rate of three (3) work
weeks (fifteen [15] workdays) after two (2) years of continuous employment Four
(4) calendar weeks vacation shall be granted to regular employees, with pay
therefore at the rate of four (4) work weeks (twenty [20] workdays) after five (5)
years of continuous employment. Five (5) calendar weeks vacation shall be
granted to regular employees, with pay therefore at the rate of five (5) work
weeks (twenty-five [25] workdays) after ten (10) years of continuous
employment. The accrual of vacation shall be in accordance with Section 17,
Accruals.
19.2 Vacations will be scheduled by the Medical Center's management. Wherever
practical and possible, vacation preference shall be based on seniority. The
Medical Center agrees that a request for vacation shall not be denied solely
because of the season of the year.
19.3 Pro rata vacation shall be granted to employees with six (6) or more months of
continuous service whose employment terminates, except that pro rata vacation
shall not be granted to: 1) employees discharged for willful and gross
misconduct or 2) employees who fail to give two (2) weeks notice of resignation.
19.4 If an employee takes a vacation before it is earned, at the request or assignment
of the Medical Center, the employee shall be paid in full for the length of the
vacation taken.
19.5 Where an employee's vacation covers more than one (1) pay period, no
additional tax deductions shall be imposed if only one (1) check is made covering
such period. Vacation checks shall be available immediately prior to the
employee's vacation.
19.6 Employees shall submit their requests for vacation by February 1st of each year,
and the Medical Center shall post a schedule of vacations by March 1st of each
year. Employees' preference for vacation time off shall be based on seniority
where the numbers of bargaining unit employees requesting the same time off
would impair the operation of the department Employees may begin their
vacation on any day of the week Employees may bid on vacation time based
upon their seniority at each campus (i.e., Alta Bates or Summit). It is the intent of
the parties that employees be afforded an opportunity to take their annual
accrual of vacation each year.
19.7 Subject to the requirement of efficient operations and with the consent of the
Medical Center, employees with one (1) year or more of service may be allowed
to take not more than one (1) week of their vacation in increments of not less
than one (1) day. The employee must notify the Medical Center in writing as to
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the particular day or days he or she desires at least one (1) week in advance of
the posting of the schedule covering such day or days, unless an emergency
situation makes such advance notice impossible, and such day or days must be
consented to by the Medical Center. The Medical Centers consent shall not be
unreasonably withheld. If an employee has not scheduled his or her full vacation
entitlement any day(s) of vacation taken in a daily segment pursuant to this
paragraph will be deducted from the end of the employee's scheduled vacation.
If an employee has not scheduled his or her full vacation entitlement any days of
vacation taken in a daily segment pursuant to this paragraph must be taken by
the end of the employee's anniversary year, and cannot be carried over into a
different anniversary year. If an employee has not selected his or her days of
vacation to be taken in a daily segment by sixty (60) days prior to the end of his
or her anniversary year, the Medical Center, at its option, may select the
particular day(s) of vacation to be taken by the employees in daily segments. The
employee's option to take vacation in daily segments pursuant to this paragraph
cannot be used with respect to pro rated vacation but only with respect to fully
earned vacation by reason of completion of an employee's anniversary year.
19.8 An employee who becomes injured or sick while on vacation is eligible to utilize
unused sick leave, provided the employee is admitted to a hospital or applies
and qualifies for state disability. A more liberal policy will not be changed by
reason of this provision.
19.9 As of the last full pay period in November of each year, employees with accrued
vacation in excess of three hundred (300) hours shall be cashed out of their
accrued vacation in excess of this amount. The vacation payout will be issued by
December 15. In addition, employees will be able, on a voluntary basis, to cash
out up to two hundred (200) hours of vacation provided that there remains at
least eighty (80) hours in the employee's vacation bank.
SECTION 20. HOLIDAYS
20.1 The following shall be recognized:
New Year's Day
Memorial Day
Labor Day
Christmas Day
Floating Holiday*
President's Day
Independence Day
Thanksgiving Day
Employee's Birthday
Martin Luther King Jr.'s Birthday
* Each employee with ninety (90) consecutive days of employment shall be
entitled to one (1) floating holiday per year.
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20.2 Each calendar year the Medical Center and the employee shall agree on the day
which shall be taken by the employee as the floating holiday. If the Medical
Center and the employee do not reach agreement, one (1) day shall be added to
the employee’s accrued vacation time. The Employee’s birthday may be
exchanged for another day by mutual consent between the employee and the
Medical Center. The Medical Center will give written confirmation of approval
or denial of employee requests for time off for floating or birthday holidays
within two (2) weeks of the request.
20.3 No employee will be entitled to a paid holiday until such employee has been on
the Medical Center's payroll for at least thirty (30) calendar days, nor to a floating
holiday until the employee has been on the Medical Center's payroll for at least
ninety (90) days.
20.4 If an employee is required to work on any of the aforementioned holidays he or
she shall be paid at the rate of time and one-half (1-1/2) for actual hours worked.
An employee will be paid holiday pay for which he or she is eligible and pay for
time worked on a holiday.
Short-hour/casual employees shall be paid time and one-half (11h) per hour for
all hours worked on a holiday. These holidays consist of New Year's Day, Martin
Luther King Jr. Day, President's Day, Memorial Day, Independence Day, Labor
Day, Thanksgiving, and Christmas. Additional time off without pay may be
granted within thirty (30) days, upon agreement between the Medical Center and
the employee. An employee’s request for additional time off shall not be
unreasonably denied.
20.5 If a holiday to which an employee is entitled falls on the employee’s regular day
off, he or she shall be granted another day off with pay as a holiday within thirty
(30) days or shall be paid an additional day’s pay.
20.6 If a holiday to which an employee is entitled falls within the employee’s vacation
time, one (1) day shall be added to such vacation or shall be converted to pay at
the employee’s option.
20.7 A paid holiday will not be charged against paid sick leave in cases where an
employee is entitled to both benefits. Further, an employee entitled to a paid
holiday may not be scheduled for a sixth day of work at straight-time during a
week in which a scheduled workday is granted as a paid holiday.
20.8 At the employee’s request, the Medical Center will grant holiday time off to all
regular employees on at least one of the following three holidays:
Thanksgiving Day
Christmas Day and the following
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New Year's Day
Employees may exercise their seniority in determining which holiday is to be
scheduled off. Employees will exercise their seniority during the regular
scheduling process in each department. Once the regular schedule has been
posted and the Medical Center determines there is a need for extra shifts on a
holiday, such shifts shall be granted by seniority to employees in the department
who volunteer in writing to work an extra shift on a specific holiday. An
employee who has worked on Thanksgiving and Christmas Day in the same year
and who works on the following New Year's Day shall be paid double time for
hours worked on that New Year's Day. The Medical Center will not schedule an
employee off on New Years Day to avoid the double time pay.
20.9 Named holidays which fall on variable days during the course of the year as
contrasted with those which are observed on Monday by application of the
Federal Monday Holiday Act shall, when the holiday date falls on Sunday, be
observed on such Sunday. All holiday provisions shall apply to Christmas Day,
New Year's Day, and the Fourth of July, when the dates of these holidays fall on
Sunday. The Martin Luther King, Jr.'s Birthday holiday will be observed the third
Monday in January consistent with the Federal Monday Holiday Act.
20.10 A holiday shift is defined as a shift in which the major portion of the shift is
worked on the holiday.
SECTION 21. LEAVES OF ABSENCE
21.1 Eligibility for a Leave and Notice of Return. Employees shall be entitled to a
leave of absence for illness, injury, or pregnancy, critical or chronic illness. Each
employee requesting a leave of absence shall be provided with a written
explanation of his or her rights and responsibilities. Employees must complete
and return all necessary leave of absence forms as required by the Medical
Center or applicable law. Employees also may be entitled to leaves based on
applicable laws or Medical Center policies.
21.2 Twelve (12) Month Eligibility. Leaves of absence without pay may be granted to
Full Time, Part-Time, Short-Hour and Casual employees. An employee must
have at least twelve (12) months of service in order to be considered eligible for a
leave of absence for the purposes of the Medical Leave of Absence.
21.3 Extensions to Leaves. Extensions to leaves beyond the limits otherwise provided
for in the contract may be granted (in the discretion of the Medical Center) for
justifiable reasons or as required by law.
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21.4 Requests for Leaves of Absence; Response. All leaves of absence shall be
requested in writing on a form provided by the Medical Center. The Medical
Center will respond in writing no later than seven (7) workdays.
21.5 Personal Leave of Absence. Leaves of absence for compelling or personal
situations may be granted to employees at the discretion of the Medical Center
and will not be unreasonably denied without adequate cause. Personal leaves of
absence up to ninety (90) days may be granted to employees for personal reasons
as mutually agreed by the Medical Center and the employee. Accrued vacation
days must be used during the duration of a personal leave of absence. Personal
Leave of Absence for situations covered by statutory Family Leave will not be
considered until such Family Leave has been exhausted.
21.6 Federal Family and Medical Leave Act/California Family Rights Act. The
Medical Center will comply with the provisions of the California Family Rights
Act, as amended, and with the provisions of the Federal Family and Medical
Leave Act, as amended. FMLA/CFRA shall be recorded in accordance with the
twelve (12) month rolling period.
21.7 Union Leave. Upon the written request of the Union, two (2) employees shall be
granted an unpaid leave of absence to engage in bona fide union-related
activities for a period of no more than one (1) veer. Only two (2) employees at a
time within the Medical Center are eligible to take such unpaid union leave. The
Medical Center shall grant such requests for union leave, except when such
leaves would seriously affect staffing.
Upon two (2) weeks notice from the Union, up to two (2) employees of the
Medical Center each calendar year will be granted an unpaid leave of up to two
(2) weeks from work for the purposes of engaging in Union business, not to be
assigned to ABSMC without prior approval, including but not limited to Union
Conventions, meetings, conferences, and other activities, patient care permitting.
21.8 Professional Leave. Employees may request unpaid leaves of absence not to
exceed thirty (30) days for professional activities such as, but not limited to,
educational workshops, seminars, and continuing education courses. The
Medical Center will grant such leaves except on those occasions when such
leaves would seriously affect staffing.
21.9 Medical Leave of Absence. Leaves of absence for non-industrial disabilities,
including conditions related to pregnancy, shall be granted subject to the
limitations of this Section, provided the employee furnishes a
physician’s/designee's certification setting forth the necessity for such a leave
and the anticipated duration of the disability. Recertification will be required at
the expiration of each previous certification for continued eligibility.
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21.9.a Use of Paid Time During Medical Leave of Absence. During an approved
medical leave (including FMLA/CFRA and PDL as defined by State or Federal
law), an employee may elect to use his or her accrued sick hours and vacation
hours. Such accrued time paid during the approved medical leave shall be paid
at the employee’s predetermined work schedule, subject to integration with any
weekly benefits paid under California State Disability Insurance ("SDI"). During
the medical leave, an employee’s accumulated sick hours shall be exhausted
before use of accrued vacation hours. An employee must advise the Medical
Center at the time the leave begins of his or her intent not to integrate benefits
during an approved medical leave; otherwise, benefits shall be integrated.
21.9.b Duration of Medical Leaves. Employees shall be granted a Medical Leave of
Absence up to six (6) months or as required by law.
(i)
(ii)
If an employee takes a medical leave of absence, returns to work and
returns to a medical leave of absence status within ninety (90) days for the
same or different medical condition, the leave is treated as one continuous
leave subject to the maximum limit.
If an employee takes a medical leave of absence, returns to work for a
period of at least ninety (90) days, then returns to medical leave of absence
status, the leave is treated as a new leave of absence subject to the
maximum limit.
21.10 Benefits While on Approved Non-Occupational Medical Leaves and on Union
Leaves. Health Plan Coverage (including vision benefits, Mental Health
Coverage and prescription drug), Dental Plan and Group Life Insurance
Coverage will be continued while the employee remains in a paid status, and for
an additional 30 days thereafter. Coverage beyond thirty (30) days shall be paid
by the employee if continued coverage is desired. Employee is responsible for
any premiums that would otherwise be the employee’s responsibility if not for
the leave itself.
During approved union leaves of absence, the Medical Center will continue
Health Plan coverage (including vision benefits, Mental Health Coverage and
prescription drug), Dental Plan and Group Life Insurance Coverage while the
employee remains in paid status, and through the end of the month of the leave
start date. Starting with the beginning of the following month, the employee may
continue such coverage with ABSMC billing the employee directly on a self-pay
basis.
21.11 Workers' Compensation:
21.11.a Request and Physician Certification. Eligible employees will be provided an
Occupational Injury or Illness Leave of Absence. Employees filing for an
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Occupational Injury or Illness Leave of Absence must complete a leave of
absence request form and must also furnish a physician’s certification setting
forth the serious health condition that prevents the employee from performing
the essential functions of their position, including the anticipated duration of
the disability.
Physician recertification will be required at the expiration of each previous
certification for continued eligibility.
21.11.b Return without Medical Restrictions. The Medical Center will place employees
released to return to work from an Occupational injury or illness without
medical restrictions, in their former position at their regular rate of pay as soon
as reasonable, not to exceed seven (7) days.
21.11.c Return with Medical Restrictions. The Medical Center will place employees
released to return to work from an Occupational injury or illness on a
temporarily restricted basis, in their former job, provided the Employee can
perform the essential functions of the job with or without reasonable
accommodations.
21.11.d Return with Permanent Restrictions: The Medical Center will place employees
released to return to work from an Occupational injury or illness on a
permanently restricted basis, in their former job (if it is available) or a
comparable job (which may not be in their former department, shift or
classification), provided the employee is physically capable of performing the
essential functions of the job with or without reasonable accommodations and
meets the minimum skills requirements to perform essential functions of the
position. The Medical Center will initiate the interactive process as required by
State and Federal laws. If the employee is unable to perform his/her former
job, that employee has the opportunity to be placed in any job vacancy, that
he/she is physically capable of and qualified to perform per his/her medical
restrictions and limitations.
21.11.e Term of Leave: Employees will be provided an Occupational Injury or Illness
Leave of Absence for up to a maximum of twelve (12) months. If an employee
with five (5) or more years of service suffers an industrial injury, the leave shall
not be more than eighteen (18) months. An employee who exhausts his or her
applicable maximum Occupational Injury or Illness Leave of Absence and/or
any approved extension and has not returned to work may be terminated, if
not otherwise precluded by applicable laws. An employee found medically
unable to return to work may also be terminated prior to the end of the leave if
such termination is not otherwise precluded by applicable laws.
(i)
If an employee takes an Occupational Injury or Illness Leave of Absence,
returns to work and again returns to an occupational leave of absence
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status within ninety (90) days of the original return date for the same or
different medical condition, the leave is to be considered as one
continuous leave subject to the maximum limit.
(ii)
(iii)
If an Employee takes an Occupational Injury or Illness Leave of Absence,
returns to work for a period of at least ninety (90) days, then returns to
occupational leave of absence status, the leave is treated as a new leave of
absence subject to the maximum limit identified in Section 21.11(e), above.
If an employee on industrial leave who has been terminated due to
his/her inability to return to work shall retain seniority as of that date for
a period of an additional one (1) year. Such seniority may be utilized
during the one (1) year period only for the purpose of bidding on
vacancies for which he/she is qualified.
21.11.f Return to Work Authorization. Upon release from the attending physician for
occupational injury or illness the Medical Center may request that the
employee provide a return-to-work authorization containing the name of
physician, signature, clarification of disability specifying the work restrictions,
sufficiently to allow the Medical Center to make appropriate determination of
jobs the employee can perform, if any, and date released to return to work.
Nothing herein shall prohibit the Medical Center and the Union from mutually
agreeing to "reasonable accommodations" for injured or disabled employees.
21.11.g Benefits While on Occupational Injury or Illness Leave. Employees on
Occupational Injury or Illness Leave of Absences are eligible for Health Plan
Coverage, life insurance, and dental benefits for the time they are on leave.
21.11.h Any employee who has suffered an on-the-job illness or injury shall have the
right, pursuant to State law, to be treated by a physician of his or her own
choice within a reasonable geographic area at a reasonable expense to the
Medical Center if thirty (30) days have elapsed since the date the injury was
reported. However, if an employee has notified the Medical Center in writing
prior to the date of the injury that he or she has a personal physician, the
employee shall have the right to be treated by that physician from the date of
the injury. Personal physician means the employee’s regular physician or
surgeon who has previously directed the medical treatment of the employee
and who retains the employee’s medical records, including his or her medical
history.
21.12 Return to Work from Non-Occupational Injury Leave:
21.12.a Reinstatement. When an employee returns to duty from an authorized leave of
absence he/she shall be reinstated in the same classification, position, unit, shift
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and scheduled hours in which he/she was employed before his/her absence.
However, if the conditions in the Medical Center have changed so that it would
not be feasible to reinstate him or her in such a manner, then the Medical
Center will reinstate the employee to as nearly comparable a position and shift
as is reasonable under the circumstances. Prior notice of two (2) weeks of intent
to return from a leave of absence must be given by the employee to the
employee’s supervisor as a condition of reinstatement to any position.
21.12.b Return to Another Job/Department. In the event the employee has returned to
a job in a department other than that from which he/she was granted his/her
leave of absence, he/she shall retain his/her seniority for the purposes of
bidding on vacancies in his/her prior department for a period of six (6) months
or until he/she has declined a position in his/her prior department
classification, whichever occurs first.
21.13 Accrual of Vacation and Sick Leave Benefits While on Leave. An employee shall
not forfeit accrued rights under this Agreement by reason of a leave of absence.
Employees on a Personal, Union, Professional, Family, Occupational, Pregnancy
and Medical Leave of Absence are not eligible to accrue Vacation and Sick Leave
during their leave. Holidays accrued prior to the leave may be used during a
leave of absence. Holidays, Educational Leave, Bereavement Leave and jury duty
are not payable to an employee while on a leave of absence.
21.14 Veteran Employment Rights and Reserve Encampment. The Medical Center shall
grant to each employee who applies for reinstatement, after conclusion of
his/her military service, such reinstatement rights as he/she shall be entitled to
under the existing statues. It is understood that the employee must make
application for reinstatement within the time limits specified under the law. All
employees will be afforded the opportunity to take a Military Leave of Absence
in accordance with the Medical Center's current policy. The Medical Center will
comply with the provisions of Uniformed Services Employment and
Reemployment Rights Act (USERRA), as amended and any applicable State Law.
The Medical Center agrees that employees on extended military duty will
continue to accrue Vacation, Sick Leave, and other benefits in accordance with
applicable Federal and State statues. In those cases where employees are in
reserve status and serve an annual two-week commitment, employees may
request and receive Vacation for the period of absence, if otherwise eligible. In no
case will employees receive pay, other than Vacation, for military absence.
21.15 Replacements During Leave. All persons hired to replace employee who are on a
leave of absence shall be so advised and shall be informed of the approximate
date the emplovee is expected to return from leave.
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21.16 Employee Health. The procedures for an employee to obtain clearance for return
to work from an approved medically-related leave of absence shall comply with
applicable law. Such procedures may include, where allowed by law, clearance
to return by the Medical Center's Employee Health Department. The Medical
Center will notify an employee in writing, with a copy to the Union, where an
employee is referred to the Employee Health Department for clearance to work.
In the event of a delay of more than one day in obtaining an appointment with
the Employee Health Department, the employee will receive pay for any
scheduled days missed as a result of the delay.
21.17 Adjustment of Seniority. If the employee’s leave of absence is more than twelve
(12) months in the case of industrial injury for employees with less than five (5)
years of service and eighteen (18) months for employees with five (5) years or
more of service or more than six (6) months in the case of disability or more than
thirty (30) days in all other cases, the anniversary date may be adjusted for the
full period of the leave, except for the first thirty (30) days of such leave. Leaves
of absence for lesser periods than the above shall not result in adjustment of
anniversary date, and in no case shall the first thirty (30) days be counted in anv
adjustment.
SECTION 22. HEALTH BENEFITS
22.1 Effective July 1, 2010 Alta Bates Summit Medical Center shall provide the
following health plan options for benefited employees:
The Medical Center shall provide a choice of either a self-insured Exclusive
Provider Organization or the ABSMC Combined Plan PPO, as described below:
a) Exclusive Provider Organization: Under the EPO, care is provided at
Sutter Health Affiliated hospitals and medical groups.
Employees who elect the EPO plan shall have no required premium
contribution for any level of coverage (employee-only, spousal/domestic
partner, or family). Coverage in the EPO plan shall include participation
in the Wellness Program, as defined below in section 22.1c.
An employee enrolled in the EPO plan who opts out of the Wellness
Program shall be required to pay a premium contribution of 5% of the cost
of the plan deducted in equal amounts per pay period.
Should an Employee fail to fulfill the wellness obligations, the Employee
will pay the premium contribution listed above.
b) The ABSMC Combined Plan shall continue to be offered to benefited
Employees, subject to the following conditions:
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Employees who elect the PPO plan shall have premium contributions of
15% of the costs of the plan.
Employees who have enrolled in the PPO and who participate in the
Wellness Program plan, as defined below in section 22.1c, shall receive a
premium credit of $30 per pay period applicable towards their premium
contributions.
Should an Employee fail to fulfill the wellness obligations, the Employee
will pay the premium contributions listed above.
c) An employee shall have been deemed to have participated in the Wellness
Program on behalf of themselves and any spouse, domestic partner and
dependent(s) if the employee registers in the Wellness Program and
fulfills the requirements of either the Live Well for Life Wellness Program
or the Physician Directed Wellness Program as described in the 2010
Wellness for Life Participant's Guide.
The Medical Center will not increase the requirements necessary for
employees to fulfill the requirements of the Wellness Program without the
agreement by the Union.
The Wellness Program shall be available for spouses, domestic partners
and dependents; however, the participation or nonparticipation of
spouses, domestic partners and/or dependents is not required and will
not affect the employee’s premium.
22.1.b An outline of benefits of the above plan will be sent to the Union and will be
distributed to the employees at the Medical Center in conjunction with open
enrollment periods.
22.1.c Employees shall be given advance written notification of the dates for the annual
open enrollment period in writing thirty (30) days prior to the start of the
enrollment period.
22.2 During the term of the Agreement, the Medical Center reserves the right to add
to the plan offered. The Medical Center reserves the right to make modifications
to or substitute the plans provided such changes do not differ in medical benefits
to the employee. If the Medical Center seeks to change the level of benefits
provided, it will notify the Union and no such change will be implemented
without the agreement of both parties.
22.3 Family Coverage. An eligible employee’s spouse or domestic partner, dependent
children up to nineteen (19) years of age, and dependent full-time students up to
twenty-five (25) years of age may be enrolled in the health, dental and vision
plans.
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22.3.a Coordination of Benefits. For purposes of medical, dental and vision coverage,
an employee may be covered as both an employee and an eligible dependent of
an employee under the plan(s)' coordination of benefits provisions.
22.4 Health Plan Provisions. Effective on April 1, 2010, the co-pays under the EPO
and the ABSMC Combined Plan will be as follows:
a) Co-pays for Physician Office Visits shall be $10
b) Prescription co-pays shall be generic $5, $10 Brand, and $25 non-preferred
brand. Prescriptions filled at the Peralta pharmacy shall have co-pays of
$0 generic, $5 brand, and $10 non-preferred brand. There shall be no copays
required for prescribed diabetes-related medications and supplies for
employees and their dependents.
These specified co-pays shall remain in effect following the commencement of
the health plan changes described above. A description of the benefits provided
by the medical, dental, and vision plan is attached as Appendix B.
22.4.a The Medical Center will provide dependent care and health care pretax
reimbursement accounts to all benefited bargaining unit employees.
22.4.b Benefited bargaining unit employees will have the option to purchase dependent
life insurance, and additional life insurance.
22.4.c Long Term Disability. The Medical Center will provide each regular employee
with Long Term Disability Insurance which will replace 60% of the employee’s
salary for 33 months when disabled from the employee’s own occupation, or
until age 65 when disabled from any occupation, after a waiting period of 180
days. The cost for such coverage shall be paid by the Medical Center. This
coverage will be effective on January 1, 2005.
22.4.d Coverage During Disability. The Medical Center will continue coverage of a
employee disabled for work by a job connected injury or illness as determined by
the Worker's Compensation Appeals Board during such disabilities up to a
maximum of twelve (12) months, except that in the case of employees with over
five (5) years of service such coverage will be continued for a maximum of
eighteen (18) months.
Health Plan coverage will cease to exist immediately following the last day of the
calendar month in which an employee terminates employment or changes
his/her employment category to short-hour or casual. Dental and vision benefits
will cease to exist the day immediately following an employee’s last day of work
due to termination or change in employment category to short-hour or casual.
Continuation coverage under COBRA will be available to employees.
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Eligible employees who have met the Enrollment Requirements outlined in
subsection 1 below shall have coverage commencing on the 1st day of the month
following ninety (90) days of continuous employment. Employees subject to the
evidence of insurability requirements of subsection 2 below will have coverage
commencing on the first day of the month following the plans' approval of the
evidence of insurability forms.
1. Each eligible employee shall, within thirty (30) days of becoming eligible
for coverage, complete the required enrollment forms for the health,
dental and vision plans before coverage can become effective.
Documentation verifying marriage, domestic partnership, and dependent
births shall accompany the application.
2. Employees who do not complete the enrollment forms within the thirty
(30) day requirement will be required to provide evidence of insurability
for each person to be enrolled.
3. Alternatively, the employee may wait until the following open enrollment
period to enroll in coverage, when the evidence of insurability
requirements will be waived. Until enrollment forms (and evidence of
insurability forms, if necessary) have been completed and approved by
the Medical Center and applicable insurance companies, coverage will not
be effective for the employee.
22.5 Quality Review Task Force. The Union and the Medical Center shall establish a
Quality Review Task Force to review issues that have arisen regarding the
administration of the Medical Center's self-insured health plan. The Quality
Review Task Force shall have no more than five (5) members from each party
and shall complete its work within ninety (90) days of ratification of the 2006-
2008 Agreement.
SECTION 23. GROUP LIFE INSURANCE
On January 1, 2005, the Medical Center will provide each regular employee working a
predetermined work schedule of not less than twenty (20) hours a week with group life
insurance in the amount of one (1) times the employee’s annual salary, not to exceed
$50,000 and accidental death and dismemberment insurance coverage in the amount of
one (1) times the employee’s annual salary, not to exceed $50,000. The Medical Center
will pay the premium for such coverage. Individual coverage will be effective on the
first day of the month following completion of ninety (90) calendar days of continuous
employment, including temporary employment.
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SECTION 24. RETIREMENT PROGRAM
24.1 Effective January 1, 2005, eligible employees shall participate in the Sutter Health
Retirement Program ("SHRP"), under the terms set forth in the Sutter Health
Retirement Plan. Modification may be made to the SHRP pursuant to the terms
of the SHRP. Any such modifications shall not have retroactive effect so as to
deprive any member of any benefit already vested under the terms of the SHRP.
However, any modifications covered by this section is authorized if such
modification is necessary to conform the SHRP to, or to satisfy the conditions of,
any law, government regulations or rulings, or to permit the SHRP to meet the
requirements of Internal Revenue Code sections 401(a) and 501(a) or any similar
statutes enacted in lieu thereof.
24.2 The Medical Center reserves the right to make modifications to or substitute the
plans provided such changes do not differ in the level of benefits to employees. If
the Medical Center seeks to change the level of benefits provided, it will notify
the Union and no such change will be implemented without the agreement of
both parties.
24.3 The Medical Center shall offer the enhanced Sutter Health Retirement Plan
("SHRP"), which, as of the date of this Agreement, consists of two (2) retirement
options: the Cash Balance Design ("SHRP - ClID") and the Traditional Pension
Design ("SHRP - TBD"). Qualified members must select one (1) of the two (2)
plan designs.
24.3.a Eligible members shall be provided a one-time, irrevocable election between the
SHRP - CBD and the SHRP - TPD. This one-time, irrevocable election shall be
effective January 1, 2005 or the date of hire, whichever is later. Any member
failing to make an election by the deadline indicated on the election materials
will automatically be enrolled in the SHRP - CBD.
24.3.b The Medical Center will provide members materials to help them make their
election decision. These materials will include, but are not limited to, a decision
kit, personal or sample retirement statement, side-by-side benefit comparison,
summary plan descriptions and web-based modeling tool.
24.3.c Cash Balance Design. The SHRP - CBD builds a personal account balance for a
participant's retirement through the addition of both an annual pay credit and
interest credit. The pay credit is a percentage of an employee’s annual pay and is
applied for a member who works at least 1,000 hours per year. The salary credit
percentage gets higher as a participant's years of service increase. The interest
rate is benchmarked to a U.S. Treasury Bond. Once an employee is vested, if he
or she leaves the Sutter Health network, the account balance can be withdrawn
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in cash, rolled over into an IRA or 403(b), or taken as a monthly payment from
the SHRP for the employee’s lifetime.
24.3.d Traditional Pension Design. The SHRP - TYD uses a formula to calculate the
exact amount of the monthly benefit a participant will receive at retirement for
his or her lifetime. The formula uses the average of a participant's highest
consecutive five years of pay and his or her years of covered service. (Covered
service is the number of eligible years covered under the Traditional Pension
Design.) Payments normally begin at age sixty-five (65), but reduced payments
can begin as early as age fifty (50). When an employee retires, he or she selects
from one of the available annuity options under the SHRP. The annuity is then
paid as a monthly payment from the SHRP for the employee’s lifetime. Eligible
members who elect the SHRP - TPD will earn a benefit for each year in which
they work 1,000 hours or more.
24.4 Dispute Resolution. The SHRP Plan Document provides a detailed description of
the SHRP provisions and is the governing document when interpreting Plan
provisions. Any disputes or claims for benefits will be handled in accordance
with the steps outlined in the SHRP Plan Document.
24.5 Retiree Health Care:
24.5.a The Medical Center shall offer a Retiree Health Care Account ("RHCA"). Eligible
members shall have worked a minimum of 1,000 hours in a calendar year for a
minimum of ten (10) eligible years of service and be at least sixty (60) years of
age at the time of retirement A member may work in a benefited or nonbenefited
status or a combination of benefited or non-benefited status. The
Medical Center shall credit a health care account for an eligible member who has
met the criteria stated above $1,000 for each eligible year of service, not to exceed
$35,000.
24.5.b A member may use these funds to participate in the Alta Bates Summit Medical
Center Combined Plan PPO (self-insured plan) and will pay the full retiree
premium rate, with no pre-existing condition limitation. However, a member
shall not be limited to using his or her fund balance for medical, dental or vision
plans provided by the Medical Center. A member who passes away before
utilizing all of the funds in the RHCA account shall have the funds available to
his or her eligible dependents up to a maximum of thirty-six (36) months.
24.5.c Details of the plan shall be available to Union members and can be obtained,
during normal business hours, from the Medical Center's Human Resources
Department. The Medical Center shall bear exclusively the cost of the plan and
shall retain exclusive rights to amend the plan. In the event the Medical Center
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eliminates the plan, the Medical Center shall replace the plan with a similar plan
that offers an equivalent benefit, in the aggregate.
24.5.d The effective date of the RHCA is January 1, 2005.
24.5.e Separation Option:
1. Health Benefits or Pay. During the month of February of each year of this
Agreement, the Medical Center will offer the choice of a lump sum
separation pay in the amount of eight (8) weeks pay (based on PWS) or
employee only benefit coverage as outlined in Section 16, Health Program,
for a period of ten (10) months to any employee who has been benefited
for period of twenty (20) complete years and is at least sixty (60) years old
as of January 31st of the current year. Once the decision is made in
writing, it is irrevocable.
2. Time Period for Eligibility. To request such separation pay, an eligible
employee must notify his or her supervisor in writing between February
1st and 15th. The employee’s last day of work will be no later than the last
day of February.
3. Number of Employees Eligible. By requesting the separation pay option,
the employee severs the employment relationship and foregoes any and
all rights to re-employment. This separation pay option is expressly
limited to no more than ten (10) employees each February. If more than
ten (10) employees request separation pay under this provision, then the
ten (10) senior employees, as determined by the Union seniority date, shall
be granted the separation pay.
4. Eligibility After Ratification of 1996-2000 Agreement. The separation pay
option will also be available on a one-time basis for a two (2) week period
following ratification of this Agreement. For a two (2) week period
commencing on the date that the Agreement is ratified, an eligible
employee must notify his or her supervisor in writing of the employee’s
decision to accept the separation pay option described above. The
employee’s last day of work will be no later than the twenty-first (21st)
day following ratification. This one-time separation pay option during the
two (2) week period following ratification of the Agreement is limited to a
maximum of seven (7) employees. If more than seven (7) employees
request separation pay under this provision, then the seven (7) most
senior employees, as determined by Union seniority date, shall be granted
the separation pay.
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24.5.f COBRA Benefits. Employees who exercise the option of the health program: (1)
may exercise their COBRA rights upon the expiration of the ten (10) month
option and (2) cannot change current health coverage (except that an employee
can continue coverage for spouse and/or dependents at his or her own expense).
SECTION 25. NO DISCRIMINATION
25.1 There shall be no discrimination by the Medical Center against any employee or
applicant for employment on account of membership in or activity on behalf of
the Union.
25.2 Neither the Medical Center nor the Union shall discriminate against any
employee or applicant for employment by reason of race, color, sex, religion,
creed, political affiliation, national origin, age, physical disability, veteran status,
or sexual orientation.
SECTION 26. UNIFORMS
26.1 When employees are required to wear uniform or special type work clothes
while in the employ of the Medical Center, the cost of furnishing same shall be
borne by the Medical Center, provided the Medical Center shall not be required
to furnish apparel traditionally worn by such employees in hospitals generally.
The term "uniform" includes wearing apparel and accessories of distinctive
design or color.
26.2 The Medical Center shall furnish each employee who is required to wear a
special type of work clothes with a minimum of two (2) new uniforms upon
employment and shall also replace uniforms as necessary for normal wear and
tear. Employees shall exercise reasonable care in maintaining their uniforms in
good condition and should return them to the Medical Center upon termination
and prior to receiving their final check. Employees shall be notified of these
requirements upon receipt of a uniform.
SECTION 27. LOCKERS
In departments where lockers are available, they shall be provided to employees. If the
Medical Center has reason to believe a locker contains Medical Center property or the
contents of the locker are a health or safety hazard, the Medical Center has the right to
examine the contents of the locker subject to the following conditions: 1.The employee is
given prior notification; 2.The employee has the right to be present when the locker is
examined; 3.The employee has the right to Union representation when the locker is
examined. It is understood that should the Medical Center have difficulty in notifying
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an employee of its desire to open his or her locker, the Medical Center may seal that
locker until the employee has been notified and has the opportunity to be present for an
examination of the locker's contents. It is also understood that should the Medical
Center have difficulty contacting an employee in the case of a suspected health or safety
hazard, it may open the locker without the employee having the opportunity to be
present if a Union representative has the opportunity to be present.
SECTION 28. IN SERVICE TRAINING
28.1 When the Medical Center provides an in service education program for
employees in a particular classification or classifications under the Agreement,
the Medical Center will use its best efforts to see that the in service education
sessions are available under the same terms and conditions to all employees in
such classification or classifications on all shifts. In the event that such best
efforts are unsuccessful, the Medical Center will meet with the Union for the
purpose of working out a mutually acceptable solution.
28.2 The Medical Center will provide or continue to provide in service education on
the subject of isolation techniques to employees who come in contact with
diagnosed isolation cases. An employee who has not been provided with such
training may request intervention by the person in charge of the department, in
the event the employee’s immediate supervisor assigns the employee to a
diagnosed isolation case or cases.
28.3 In service medical surgical programs will be available for LVNs at the Medical
Center and shall be open to participation by LVNs on request. In the discretion of
the Medical Center, such programs may include training designed to provide
LVNs and Sr. LVNs with IV Therapy skills.
28.4 When in service education programs provided by the Medical Center qualify for
accreditation by the State for purposes of continuing education for relicensure or
recertification, the Medical Center will seek such accreditation and pay the State
fees for accreditation of the course.
SECTION 29. EDUCATIONAL LEAVE
29.1 Regular employees shall be entitled to forty (40) hours leave with pay each
calendar year to attend courses, institutes, workshops, on-line classes, or classes
of an educational nature, including relicense, provided:
1. The employee applies in advance in writing. Such written application,
which preferably should be submitted at least four (4) weeks in advance,
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shall specify the course, institute, workshop, or class he or she wishes to
attend;
2. The employee obtains permission from his or her supervisor to attend;
3. Such leave shall not interfere with staffing;
4. Such leave is related to education for the employee’s current job, or related
to another job, degree, or certification in the healthcare field. Leave may
also be used for classes, programs, and seminars that improve the general
skills of the employee at the Medical Center. All benefited employees shall
be entitled to educational leave for CPR certification.
5. No more than eight (8) hours per calendar year of Education Leave shall
be assigned by the Medical Center.
29.2 Procedures:
29.2.a Permission for such educational leave will not be unreasonably denied.
Educational leave to which an employee is entitled may be used to fulfill
continuing education programs required by law to maintain licensure and, in the
event such requirements are greater than the paid educational leave to which an
employee is entitled, necessary additional leave without pay shall be granted. If
an employee submits a written request for educational leave at least one (1)
month in advance, the Medical Center will notify the employee in writing at least
two (2) weeks in advance as to whether the requested leave will be permitted or
denied.
29.2.b In applying the educational program, the following principles shall govern:
(i)
(ii)
If the educational program has a duration of four (4) or more hours within
or without a shift in whole or in part, the employee will be excused from
his or her shift and receive eight (8) hours educational leave pay for such
day, or up to a maximum of the employee’s regular schedule if less than
eight (8) hours.
If the educational program has a duration of less than four (4) hours and
falls within the employee’s shift in whole or in part, the employee will be
paid for hours spent at the educational program and will work the balance
of his or her shift or, at the option of the Medical Center, the employee can
be excused from his or her entire shift and be paid eight (8) hours
educational leave pay or up to a maximum of the employee’s regular
schedule if less than eight (8) hours. The Medical Center shall notify the
employee of the option it elects at the time it approves the leave request.
In no case shall the combination of paid work time and paid educational
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(iii)
leave exceed eight (8) hours per day or the employee’s regular schedule if
less than eight (8) hours.
If the educational program has a duration of less than four (4) hours and
falls entirely outside the employee’s shift, the employee shall not receive
educational leave pay; provided that employees qualifying for paid
educational leave shall receive pay for such leave for educational
programs occurring on their day off. In view of the fact that employees
assigned to the night shift of operations seldom, if ever, have educational
programs available during their normal hours of work, an exception to
this subsection will be as follows: A night shift employee (other than an
employee who is entitled to paid educational leave for programs outside
their shift), who attends educational programs which would otherwise
qualify under the educational leave and pay provisions but fall entirely
outside of the employee’s night shift, may accumulate such educational
leave time until he or she has accumulated the equivalent of a full shift.
At that time, equivalent paid time off at the mutual convenience of the
Medical Center and the employee will be arranged.
If the approved educational program is six (6) hours or more in duration,
the Medical Center will excuse the employee from the night shift either
immediately preceding or immediately following the program.
The night shift from which the employee shall be excused shall be
determined by mutual agreement, and the deduction from accrued
educational leave shall be equal to the employee’s normally scheduled
shift.
29.3 Educational leave is to be granted on a calendar year basis. To be eligible for
educational leave, the regular employee must be employed prior to October 1 of
the year in question. If he or she is employed on or after October 1, he or she
qualifies for educational leave in the following calendar year.
29.4 A regular employee who requests educational leave and does not receive it in a
particular year for which he or she is qualified may accumulate it for the
following year. If the Medical Center wishes the employee to engage in an
outside educational program, the Medical Center and the employee may
mutually agree that this is charged against the employee’s educational leave. If
the employee declines to engage in such educational program, the Medical
Center has the option to withdraw the request or to require the employee to
engage in such program in which event it is not charged against his or her
educational leave. The Medical Center may require a verbal report from the
employee on educational leave, describing the activities involved. Certificate of
attendance will be required in order to receive approved educational leave pay.
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29.5 Home Study/On-Line Classes. If the educational course taken by an employee is
a "home study continuing education course" or an on-line class related to the
employee’s clinical area of practice or classification, the employee will receive
compensation to which she/he is entitled based on a conversion formula of one
(1) hour's pay for each continuing education unit (CEU) the course provides.
Non-probationary employees will be granted home study/on-line classes
consistent with the provisions of this Section. The Home Study/On-Line Classes
program must be approved in advance. Home study and on-line classes will
occur during non-duty hours. Pay for home study and on-line classes will be
authorized when the employee presents an original certificate evidencing
completion of the authorized home study or on-line class.
29.6 Educational Assistance Tuition Reimbursement Programs:
29.6.a The Educational Assistance Tuition Reimbursement Plan is available to all fulltime
and part-time employees who have completed one (1) year of continuous
employment and have a current satisfactory performance review rating.
Employees must be actively employed at the completion of the approved
course(s) and the total reimbursement for part-time employees will be pro-rated
based upon their pre-determined work schedule at the time the course is
approved.
29.6.b Summary of Plan. The Plan provides reimbursement for any training course that
is directly related to an employee’s current position and is intended to improve
his or her skills in performing functions of the job. It may also be used for a
degree or certification program which may contribute to a future career with the
Medical Center. Courses to obtain initial additional certification in the
employee’s current position shall be eligible. English as a Second Language and
courses prerequisite to enrolling in an eligible degree program are also eligible.
Graduate education courses will be considered on a case be case basis. Courses
must meet the following criteria:
Classes are taken through accredited education institutions. (Correspondence
courses are excluded.)
Classes are scheduled on a regular basis over a period of time, normally at
least several months.
Classes are usually held after normal working hours.
Out-of-class assignments are usually required.
Completion of course with a minimum grade of "C". (For graduate course, a
minimum grade of "B" is required.)
29.6.c Approval and Reimbursement Process:
67

1. Up to 3 courses per quarter or semester may be submitted for approval.
2. All courses must be approved prior to enrollment and attendance in the
course (see Medical Center's policy statement on Education
Assistance/Tuition Reimbursement)
3. After completion of course(s) the employee must submit all original
itemized receipts paid for tuition, fees and textbooks to HR.
4. Employee must submit a copy of their transcripts to HR in order to be
reimbursed.
29.6.d Reimbursement Rate and Covered Items:
1. Reimbursement is limited to 80% of the qualified expenses less any
financial assistance received.
2. Qualified expenses include tuition, fees, and textbooks with appropriate
supporting documentation. Parking fees, class supplies or course catalog
expenses are not reimbursed.
3. Total reimbursement may not exceed $1,800 in a calendar year.
Courses taken to maintain licensure requirements and/or certification do not fall
under this plan and are not eligible for reimbursement. The plan is intended to
assist employees in the improvement of their professional qualifications. There is
no assurance that participation, in itself, will result in advancement or any other
changes in current employment status.
SECTION 30. MOONLIGHTING
The Union will use its best efforts to cooperate with the Medical Center to prevent
moonlighting which interferes with the employee’s efficient performance of his or her
duties with the Medical Center.
SECTION 31. BULLETIN BOARDS
31.1 The Medical Center shall provide to the Union bulletin boards for the purposes
of posting notices and other relevant Union material in the following
departments or areas:
Summit Campuses: Environmental Services, Nursing, Dietary and on the 3rd, 4th
and 5th floor conference rooms, Medical Center cafeterias, Business Services and
Medical Records.
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Alta Bates/Herrick Campuses: Environmental Services, Nursing, Food Services
corridor on the 1st Floor across from service elevator (Ashby) and ground floor
near Mail Room (Herrick).
The Union will provide a copy of postings to Human Resources at or about the
same time (i.e., within two [2] hours) of its posting. Such notice will remain
posted for a reasonable time commensurate with its purpose. The Medical Center
may remove a bulletin that a reasonable person would find offensive, for
example because it is inflammatory, derogatory, or involves a personal attack.
31.2 The Union bulletin boards shall each be designated as a Union bulletin board
and shall be equipped with protective covering. Keys to the bulletin board shall
be furnished to the Chief Steward(s).
SECTION 32. CULTURAL DIVERSITY
32.1 The Medical Center employs a culturally diverse workforce and recognizes that
misunderstanding may occur within the workforce as a result of cultural/ ethnic
differences.
32.2 Representatives of the Medical Center and UHW will meet once every quarter
for the purpose of discussing cultural diversity issues and jointly develop a
program to further promote a greater understanding of cultural diversity.
Disputes during these discussions and the contents of these discussions shall not
be subject to the Grievance Procedure provisions of the Collective Bargaining
Agreement.
SECTION 33.
CONSCIENTIOUS OBJECTION
33.1 The rights of patients to receive medical care and the obligations of the Medical
Center to render such care must be recognized and respected. In the case of
therapeutic abortions, employees accept the obligation of providing competent
medical care as a major responsibility; however, it is recognized that an
employee may hold sincere moral or religious beliefs which require the
employee in good conscience to refuse direct participation in such medical
procedures.
33.2 The Medical Center agrees that an employee may refuse to directly participate in
such medical procedures and will not be subject to coercion, censure,
unreasonable transfer, unreasonable reassignment, or discipline by reason of
such refusal. An employee who has an assignment where participation in
therapeutic abortion occurs and who conscientiously objects to such participation
shall notify his or her supervisor of this position in writing, which may require
reassignment or transfer.
69

33.3 In emergency situations where the immediate nature of the patient's needs will
not allow for substitution, the patient's right to receive medical care shall take
precedence over the exercise of the employee’s individual beliefs and rights. In
such cases, the Medical Center shall arrange for reassignment/transfer at the
earliest possible opportunity.
SECTION 34. UNION ACCESS
34.1 The Field Representative or qualified representative of the Union shall be
allowed to visit the Medical Center for the purpose of ascertaining whether or
not this Agreement is being observed and to observe job conditions under which
employees are employed. The privilege shall be exercised reasonably and shall
be related to the representative's responsibility for seeing that the Medical Center
is in compliance with the Agreement.
34.1.a Field Representatives may gain access to the Women & Infants Units by checking
in with the appropriate security guard on the third or fourth floors and obtaining
a visitor's pass to the unit.
34.1.b Field Representatives will be allowed access to the locked Inpatient Mental
Health units under the same conditions as a Medical Center employee not
assigned to that unit but who has a legitimate purpose to go onto that unit.
34.1.c The Medical Center and the Union retain the right to enforce access rules and
regulations in accordance with applicable procedures.
34.1.d When either party determines that a violation of the access rules and regulations
has occurred, the party determining such a violation will notify the other party of
the violation before taking the actions described in 34.1(e) below.
34.1.e If the Medical Center determines that a non-employee Union officer(s) and/or
representative(s) has engaged in a serious violation of these provisions or the
access policy on more than one occasion, the Medical Center may deny access
rights to the non-employee Union officer(s) and/or representative(s) for a
specified period of time not to exceed two (2) years. If the Union disputes the
Medical Center's assertion that the non-employee Union officer(s) and/or
representative(s) to whom it has denied access violated the provisions of this
Section or the Medical Center rules and regulations on more than one occasion, it
may file a grievance pursuant to Section 38, and at the Union's option the matter
may proceed directly to arbitration. Additionally, if the Union determines that a
member of the Medical Center's management or security personnel has engaged
in a serious violation of the access rights of the representatives, as described in
Section 34.1, 34.1(a), and 34.1(b) of the Agreement on more than one occasion, the
70

Union may file a grievance pursuant to Section 38, and at the Union's option the
matter may proceed directly to arbitration.
Arbitrators held under this provision shall be held within thirty (30) days from
the date the alleged violating party receives written notice from the other party
that it intends to proceed to arbitration. The arbitrator will render a decision in
writing. If the arbitrator finds that repeated serious violations by non-employee
Union officer(s) and/or representative(s) did occur, the arbitrator will have no
authority to overturn the Medical Center's decision. If the arbitrator finds that
repeated serious violations by the Medical Center's management or security
personnel did occur, the Medical Center must cease such violations and shall
post a notice for thirty days acknowledging the violation. The notice shall be
posted on at least one of the designated bulletin boards at each campus of the
Medical Center.
34.2 The Field Representative or qualified representative of the Union shall report to a
designated management official when entering the Medical Center, and such
representative shall not interfere with the normal conduct of work in the Medical
Center. The Union representative may confer with employees, including Shop
Stewards, only upon their own free time and in public areas within the Medical
Center such as cafeterias or coffee shops or in designated non-work areas.
34.3 In the case of a tour to observe conditions, the Field Representative or qualified
representative shall notify the designated management official where he or she
intends to go within the permitted areas of the Medical Center. The Union
representative shall not engage in discussion with employees who are on duty
during the course of the tour, and shall not be accompanied on the tour by
anyone other than an authorized Field Representative.
34.4 In the case of a grievance investigation, the Field Representative shall make an
appointment in advance with the designated representative of management.
Prompt and reasonable arrangements will be made so that a joint investigation of
the grievance can be made.
34.5 The Field Representative assigned to the Medical Center may request a job
description or job descriptions of bargaining unit positions. Such description or
descriptions shall be given to the Field Representative(s) in all CASE'S where
they are available or, if in the process of revision, as soon as the revised
description or descriptions become available.
34.6 Paid Time for Bargaining Team: ABSMC agrees to pay a maximum of twentyfour
hours per campus of paid release time for each future contract bargaining
session. If the Union wants more than this designated number of hours, it shall
be responsible for the lost time. The Employer will make every reasonable effort
to ensure that bargaining team members are released.
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34.7 The Medical Center and the Union shall reasonably apply the provisions of this
Section.
SECTION 35. SHOP STEWARDS
35.1 The Union may elect or appoint Shop Stewards. One such appointee from each
campus and/ or facility may be designated a Chief Steward. The selection of
stewards shall be made in such a manner as the Union determines, and the
Medical Center shall be notified in writing of such selection and the Steward's
general area of responsibility.
35.2 The Shop Steward shall only deal with the representative of the Medical Center
designated to handle grievances.
35.3 The function of the Shop Steward shall be to assist employees in settling
problems arising in connection with the application or interpretation of the
provisions of this Agreement directly with the Department Head or such other
person as the Medical Center may designate and to participate, at the option of
the employee, in Steps One and Two of the Grievance Procedure as set forth in
Section 38 of this Agreement.
35.4 The Shop Steward shall perform his or her functions outside of his or her
working hours on his or her own time, except that, consistent with the current
practice, shop stewards shall be paid for investigatory, disciplinary and/or
grievance meetings in which they participate and which are scheduled to occur
during the stewards' normal work hours.
35.5 Paid Time for Shop Stewards: The Medical Center agrees to pay up to eighty
hours per month ( four [4] hours per month times a maximum of twenty [20]
stewards) to allow stewards to attend the monthly steward council meeting,
training and other Union-sponsored meeting. Hours that are unused in a given
month may be banked. Hours shall be scheduled at least two (2) weeks in
advance, except by mutual agreement.
35.6 The Shop Steward shall not direct any employee how to perform or not perform
his or her work, shall not countermand the order of any supervisor, and shall not
interfere with the normal operations of the Medical Center or any other
employee. His or her activities as a Shop Steward shall in no wav interfere with
his or her assigned duties as an employee.
35.7 No Shop Steward shall be involved in any wav in the handling of grievances
other than in the department in which he or she works, except that the Chief
Steward may act in the place of the departmental steward. The Medical Center's
72

designated representative is only required to meet with one Shop Steward on
any grievance.
35.8 In connection with investigator interviews required by the Medical Center in
which an employee reasonably believes that such investigation will result in a
disciplinary action, an employee upon his or her request shall be entitled to have
a Union representative, business representative, and/or Shop Steward present,
provided that such disciplinary interviews are not delayed beyond twenty-four
(24) hours by the inability to have both Union representatives present It is
understood that the role of the Union representative shall be strictly in accord
with the NLRB v. WEINGARTEN. In those cases where there are two Union
representatives present and/or two Medical Center representatives, there shall
be only one spokesperson for each party, and the other representatives shall
serve only as observers.
35.9 Elected officers and Stewards of the Union may apply for time off of up to five
(5) days each calendar year to attend educational programs which are specifically
designed to enhance the knowledge and skills of the officer in the performance of
his or her Union duties. Each officer and/ or Steward is required to request time
off at least thirty (30) days prior to the program's scheduled date. The Medical
Center shall not unreasonably deny the request of the Union officer and/or
Steward to attend an educational program.
SECTION 36. COMPLAINTS
36.1 It is hoped that most questions arising under this Agreement can be settled short
of following the formal Grievance Procedure. The Medical Center recommends
that an employee who has a claim or complaint discuss the matter with his or her
supervisor. If the employee prefers, however, the employee may first consult
with a Union official. There will be no retaliation against any employee for
presenting a claim or complaint or for consulting a Union official in the first
instance.
36.2 If an employee has any complaints which the employee believes have not been
properly considered by the supervisor, the employee may confer with the
Administrator or his or her designated representative. At this conference, the
employee may be accompanied by a Union official. The employee shall be
entitled to an answer within a reasonable length of time.
36.3 Included among the subjects upon which conferences may be requested are
problems relating to verbal warnings, work loads, and adequate staffing. It is
agreed that such cases or subjects are not subject to the Grievance Procedure
except as otherwise specifically provided in this Agreement However,
conferences may be requested in cases of disciplinary layoff or discharge, and
73

such cases shall be subject to the Grievance Procedure, including arbitration, as
provided below.
36.4 An employee who receives a written warning shall be given a copy of the
warning and shall sign a receipt which indicates the employee acknowledges
having received the document. Acknowledging receipt of the warning shall not
constitute an admission of the employee’s agreement with the substance of the
warning. An employee may grieve a written warning or any written counseling
as distinguished from documented verbal counseling provided the grievance is
presented in writing within thirty (30) working days. Letters of warning shall be
given consideration based upon the seriousness of the incident and the length of
time since the occurrence of the incident. An employee is to be notified when
records of a disciplinary nature are put into his or her personnel file and will be
given an opportunity to initial the record(s).
36.5 Periodic performance evaluation reports are intra Medical Center records and
are not subject to the provisions of this Section or the Grievance Procedure. Such
reports will not be used in support of disciplinary action. Upon request, an
employee may have a copy of his or her performance evaluation. Annual
evaluation may be completed on or about the employee’s anniversary date or the
Medical Center may choose a date to evaluate all employees at one-time.
SECTION 37.
DISCHARGE FOR CAUSE
37.1 The Medical Center shall have the right to discharge or suspend any employee
for just cause. Examples of just cause, but not an exhaustive list, are: proven
dishonesty, insubordination, insobriety, incompetence, willful negligence, failure
to perform work as required, or violation of the Medical Center House Rules,
which shall be published and communicated to the employees. The Medical
Center agrees to exercise fair and reasonable judgment in the application of this
Section.
37.2 If, in the opinion of the Union, an employee has been unreasonably discharged
or has been discharged or laid off to avoid tenure advancement or because of
Union activity, such discharge or layoff shall be subject to the Grievance
Procedure provided below.
37.3 The Medical Center may draft such reasonable House Rules as may be deemed
necessary for governing the conduct of employees. Such rules, when drafted,
shall be forwarded by mail, return receipt requested, to the Union before being
posted, communicated, or distributed to the employees.
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SECTION 38. GRIEVANCE PROCEDURE AND ARBITRATION
38.1 Any problem arising in connection with the application or interpretation of the
provisions of this Agreement, including the problems of discharge or layoff,
which cannot be amicably adjusted between an employee of the Medical Center
and the Department Manager, or such other person as the Medical Center may
designate, shall be reduced to writing, signed by the employee or Union
representative, whichever is appropriate, and submitted to the designated
Human Resources representative. The Medical Center may also grieve any
problem arising in connection with the application or interpretation of this
Agreement. No grievance shall be considered unless it has been first presented in
writing within thirty (30) days of the alleged occurrence giving rise to the
grievance. In the event the grievance concerns the discharge of an, employee, the
grievance must be presented in writing within ten (10) working days following
discharge.
38.2 Step One - Grievance Conference. Within seven (7) days of receipt of the written
grievance by the Medical Center, the Union, the employee, and the Medical
Center Administrator or designated representative shall meet and attempt to
resolve the matter informally. If the efforts to resolve the grievance in this matter
are unsuccessful, either party may request that the matter be referred to an
Adjustment Board. The request for an Adjustment Board must be made to the
other party within fifteen (15) days of the receipt by the Medical Center of the
written grievance.
38.3 Step Two - Adjustment Board. Upon receipt of a timely, written request, there
shall be an Adjustment Board established consisting of two (2) Union
representatives designated by the Union and two (2) representatives designated
by the Medical Center. The Adjustment Board shall meet within ten (10) days of
receipt of the request for its establishment and shall consider fully all aspects of
the issues presented. Any decision by a majority of the four members of the
Board of Adjustment shall be final and binding upon all parties, subject to
limitations on jurisdiction and authority contained in 38.4(b) below. If, during the
period that the Adjustment Board can meet, no majority decision is reached,
either party may request in writing that the matter be referred to Step Three,
provided that if such request is made, it must be made within ten (10) days of a
deadlock at the Adjustment Board, or within ten (10) days following the period
during which the Adjustment Board can meet whichever occurs first, or
proceeding to arbitration shall be waived.
38.4 Step Three – Arbitration:
38.4.a Upon receipt of a timely, written request, the Union and the Medical Center shall
select an impartial third party to be the Arbitrator to hear and determine the
75

issues. The decision of the Arbitrator shall be final and binding on all parties,
subject to the limitations of jurisdiction and authority contained in (b) below. In
the event the parties cannot agree on the selection of an impartial third party,
they shall request a list of Arbitrators from the American Arbitration Association
and/or the Federal Mediation and Conciliation Service. The parties shall
alternately strike names from such list until one name remains, which person
shall be the Arbitrator.
38.4.b Neither the Board of Adjustment nor the Arbitrator shall have any power to add
to, subtract from, or to change any of the terms or provisions of this Agreement.
Jurisdiction shall extend solely to claims of violation of specific written
provisions of the Agreement and involve only the interpretation and application
of such Agreement. The decision and award shall be based upon the joint
submission agreement of the parties or, in the absence thereof, the questions
raised by the parties with respect to the specific interpretation and application of
the agreement.
38.4c Each party shall bear all the expenses of its own members on the Board of
Adjustment and its witnesses. The fee of the Arbitrator, as well as other expenses
connected with the formal hearing, shall be borne equally by both parties.
38.5 The parties agree to furnish in a timely manner information requested by the
other party related to a particular grievance, consistent with the requirements of
state and federal law. The parties agree that information requests shall be either
made or confirmed in writing by the requesting party.
38.6 The time limits provided for herein may be waived by the mutual agreement of
the Medical Center and the Union, except that an Adjustment Board regarding
discharge must be held within thirty (30) days of the filing of the grievance.
SECTION 39. NO STRIKE - NO LOCKOUT
The Medical Center, The Union and employee members of the Union recognize their
obligations to maintain services to the patients and to provide health care services to the
community. There shall be no strikes, lockouts, or other interruptions of work during
the life of this Agreement. Notwithstanding the foregoing, it shall not be deemed a
violation of this Agreement for the Union to respect the lawful, primary picket line of
another Union representing the Medical Center's employees provided the following
procedures have been exhausted by the bargaining Union.
Step 1 Ninety (90) days before contract expiration, one or both parties notifies the other
in writing of request to re negotiate contract.
76

Step 2 Sixty (60) days before contract expiration, one or both parties notifies the Federal
Mediation and Conciliation Service of contract bargaining; therefore a potential labor
dispute.
Step 3 Not less than thirty (30) days before contract expiration, F.M.C.S. shall have the
authority to activate (or not activate) the following procedure:
(a)
(b)
(c)
(d)
(e)
The Federal Mediator shall select one of the following persons (Kathy Kelly, Tom
Angelo or John Kagel) to act as chairperson of a Board of Inquiry to hear and
make advisory recommendations for settlement on all unresolved issues in
bargaining. In addition to the neutral chairperson, the Medical Center and
affected Union shall each appoint one person to the Board of Inquiry.
The Board of Inquiry shall adopt its own rules of procedure and shall have the
authority to convene meetings of the principal parties and of all affected Unions
as the Board deems appropriate.
The Board of Inquiry shall submit its report, including recommendations for
settlement, to the parties and the Federal Mediator at least fifteen (15) days
before the contract expiration.
The Board of Inquiry may make its report and recommendations public, at the
Board's discretion.
Costs of the Board of Inquiry process shall be borne equally by the parties.
Step 4 Subsequent to receiving the Board of Inquiry report and recommendations, all
involved Unions must comply with the NLRA Section 8(g) ten (10) day strike notice,
and shall be responsive to meetings called by FMCS under the law.
SECTION 40. HEALTH & SAFETY
40.1 Health & Safety General Duty Clause. It is the responsibility of the Medical
Center to provide safe and healthy working conditions. Toward that end, the
Medical Center agrees to make every reasonable effort to ensure acceptable
working conditions and to provide appropriate standards of workplace
sanitation, ventilation, cleanliness, light, noise control, adequate heating and air
conditioning and health and safety in general. The Medical Center further agrees
to comply with all applicable local, state, and federal health and safety laws and
regulations.
40.2 Health & Safety. Shall be incorporated under the purview of the Staffing
Committee, as provided for in Section 9 of the Agreement. The Union may make
77

presentations to the Committee regarding the potential use of the Union's safety
experts to assist with training employees on safety-related matters.
40.3 Walk Around Inspections. Walk around or inspection by a Union representative
or representatives with a management representative or representatives by
direction of the Committee shall not result in loss of pay to the employees.
40.4 Right to Information. The Medical Center will make available, as provided by
applicable law, the following material to the Union steward: copies of the
Medical Center's log of occupational illness or injuries, the Medical Center's
Sharps Injury logs, CAL/OSHA 200 logs for employees represented by the
Union, material required by law to be posted, and information relating to known
or determined health or safety hazards in the Medical Center.
40.5 Right to Refuse Hazardous Work. An employee may refuse to perform assigned
work due to an abnormally dangerous condition for work.
SECTION 41. HEADINGS
The section headings contained herein are for reference purposes only and will not
affect in any wav the meaning or interpretation of this Agreement.
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SECTION 42.
TERM OF AGREEMENT
This Agreement shall be effective upon ratification and shall remain in full force and
effect through December 31, 2012.
IN WITNESS WHEREOF, the duly authorized undersigned parties have hereunto fixed
their signatures this 9th day of September 2010.
79

ADDITIONAL SIGNATURES
For the Union:
SEIU UNITED HEALTHCARE WORKERS-WEST
80

ADDITIONAL SIGNATURES
For the Union:
SEIU UNITED HEALTHCARE WORKERS-WEST
81

ADDITIONAL SIGNATURES
For the Union:
SEIU UNITED HEALTHCARE WORKERS-WEST
82

APPENDIX "A" WAGE SCHEDULES
Eff 3/21/2010 - Benefited Rates
Job Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8
* Admitting/Registration 20.9629 21.4146 21.9625 22.5100 23.0577 23.5917 24.1395 24.6733
Rep
* Ancillary Svcs Coder 26.7684 27.3160 27.8638 28.4113 28.9729 29.5477 30.1779 30.8076
Associate Care I (ABMC) 21.7583 22.1253 22.4922 22.8592 23.2548 23.7081
Associate Care II - IV 29.5781 30.2745 30.9509 31.6264 32.3034
Certified ($.90 above
CAII)
Associate Care II 28.6781 29.3745 30.0509 30.7264 31.4034
(ABMC)
* Billing / Scheduling 24.8378 25.3443 25.8921 26.4261 26.9736 27.5216 28.0691 28.6031
Tech
* Cash Adjuster 22.8935 23.3589 23.9065 24.4544 24.9883 25.5360 26.0700 26.6178
Central Processing 23.7265 24.1038 24.4811 24.9504
Technician -Lead ($1
above CPT II)
Central Processing 21.3320 21.6916 22.0514 22.4108
Technician I
Central Processing 22.7265 23.1038 23.4811 23.9504
Technician II
Certified Nurse Assistant 21.3320 21.6916 22.0514 22.4108
(SMC)
* Clerk Typist 19.8674 20.4014 20.9629 21.4968 22.0446 22.5785 23.1673 23.7697
* Computer Operator 24.8378 25.3443 25.8921 26.4261 26.9736 27.5216 28.0691 28.6031
* Computer Operator 26.7684 27.3160 27.8638 28.4113 28.9729 29.5477 30.1779 30.8076
Senior
* Data Operator 20.9629 21.4146 21.9625 22.5100 23.0577 23.5917 24.1395 24.6733
Dishwasher/Potwasher 20.8708 21.2308 21.5903
Dispatcher / Transporter 22.0440 22.4037 22.7632 23.1230
(SMC)
Distribution Tech 22.7265 23.1038 23.4826 23.8588
* Eligibility Worker 26.7684 27.3160 27.8638 28.4113 28.9729 29.5477 30.1779 30.8076
Emergency Svc Tech 23.2679 23.9516 24.6778 25.4183 26.1872 26.9703 27.7678 28.5937
(SMC)
Environmental Aide 20.8708 21.2308 21.5903
ER Unit Clerk (SMC) 22.5776 22.9689 23.3034 23.6665
* Financial Counselor 24.8378 25.3443 25.8921 26.4261 26.9736 27.5216 28.0691 28.6031
Food Service Aide 20.6962 21.0563 21.4153
83

Head Env. Aide 21.4438 21.8035 22.1629
* Insurance Verifier 22.8935 23.3589 23.9065 24.4544 24.9883 25.5360 26.0700 26.6178
LVN 28.6781 29.3745 30.0509 30.7264 31.4034
LVN Chem Dep (SMC) 28.6781 29.3745 30.0509 30.7264 31.4034
LVN, IV Certified ($.90 29.5781 30.2745 30.9509 21.6264 32.3034
above LVN)
* Medical Records Clerk I 19.8674 20.4014 20.9629 21.4968 22.0446 22.5785 23.1673 23.7697
* Medical Records Clerk II 20.9629 21.4146 21.9625 22.5100 23.0577 23.5917 24.1395 24.6733
* Medical Records Clerk
III
* Medical Records
Specialist
22.8935 23.3589 23.9065 24.4544 24.9883 25.5360 26.0700 26.6178
26.7684 27.3160 27.8638 28.4113 28.9729 29.5477 30.1779 30.8076
84

Eff 3/21/2010 - Benefited Rates
Job Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8
* Medi-Cal Review 24.8378 25.3443 25.8921 26.4261 26.9736 27.5216 28.0691 28.6031
Assistant
Monitor Technician 24.8287 25.1987 25.5685 25.9384
(SMC)
Nurse Attendant 21.3320 21.6916 22.0514 22.4108
* Office Coordinator 24.8378 25.3443 25.8921 26.4261 26.9736 27.5216 28.0691 28.6031
* Oncology Data Assistant 25.9879 26.5082 27.0558 27.6037 28.1375 28.6854 29.2191 29.7806
Orthopedic Nurse Att. 22.3320 22.6916 23.0514 23.4108
(SMC) ($1.00 above
CNA)
* Patient Account Asst 19.8674 20.4014 20.9629 21.4968 22.0446 22.5785 23.1673 23.7697
* Patient Account Rep I 20.9629 21.4146 21.9625 22.5100 23.0577 23.5917 24.1395 24.6733
* Patient Account Rep II 22.8935 23.3589 23.9065 24.4544 24.9883 25.5360 26.0700 26.6178
Patient Care Assistant 21.3320 21.6916 22.0514 22.4108
(ABMC)
* Patient Placement Rep. 24.8378 25.3443 25.8921 26.4261 26.9736 27.5216 28.0691 28.6031
Patient Transporter 21.3320 21.6916 22.0514 22.4108
(SMC)
* PBX Operator 19.8674 20.4014 20.9629 21.4968 22.0446 22.5785 23.1673 23.7697
Perinatal Aide (SMC) 21.3320 21.6916 22.0514 22.4108
Program Aide (SMC) 21.3320 21.6916 22.0514 22.4108
* Registration Rep, Lead 22.8935 23.3589 23.9065 24.4544 24.9883 25.5360 26.0700 26.6178
Rehab Svc Aide (SMC) 20.6474 21.0070 21.3666 21.7264
Store Clerk 20.9468 21.3066 21.6663
Surgical Services Aide 22.7265 23.1038 23.4826 23.8588
(SMC) (not SSA I)
Technician-Licensed 28.6781 29.3745 30.0509 30.7264 31.4034
Psyc (ABMC)
* Transcriptionist 25.9879 26.5082 27.0558 27.6037 28.1375 28.6854 29.2191 29.7806
Unit Secretary (SMC) 22.5776 22.9689 23.3034 23.6665
Ward Clerk (ABMC) 22.5776 22.9689 23.3034 23.6665
Worker-Mental Health 21.3320 21.6916 22.0514 22.4108
(ABMC)
If employee starts at step 1 at time of hire, he/she is eligible for step increase
after 6 months. Per diem employees hired after 6/21/01 must work 1,000 hours
before moving to step 2.
85

Eff 03/20/2011 - Benefited Rates
Job Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8
* Admitting/Registration 21.5918 22.0571 22.6214 23.1853 23.7494 24.2995 24.8637 25.4135
Rep
* Ancillary Svcs Coder 27.5714 28.1355 28.6997 29.2637 29.8421 30.4341 31.0832 31.7318
Associate Care I (ABMC) 22.4111 22.7891 23.1670 23.5450 23.9525 24.4194
Associate Care II - IV 30.4384 31.1557 31.8524 32.5482 33.2455
Certified ($.90 above
CAII)
Associate Care II (ABMC) 29.5384 30.2557 30.9524 31.6482 32.3455
* Billing / Scheduling Tech 25.5830 26.1046 26.6689 27.2189 27.7828 28.3472 28.9112 29.4612
* Cash Adjuster 23.5803 24.0596 24.6237 25.1880 25.7380 26.3020 26.8521 27.4163
Central Processing 24.4083 24.7969 25.1855 25.6689
Technician -Lead ($1
above CPT II)
Central Processing 21.9720 22.3423 22.7129 23.0832
Technician I
Central Processing 23.4083 23.7969 24.1855 24.6689
Technician II
Certified Nurse Assistant 21.9720 22.3423 22.7129 23.0832
(SMC)
* Clerk Typist 20.4634 21.0135 21.5918 22.1417 22.7059 23.2559 23.8623 24.4828
* Computer Operator 25.5830 26.1046 26.6689 27.2189 27.7828 28.3472 28.9112 29.4612
* Computer Operator 27.5714 28.1355 28.6997 29.2637 29.8421 30.4341 31.0832 31.7318
Senior
* Data Operator 21.5918 22.0571 22.6214 23.1853 23.7494 24.2995 24.8637 25.4135
Dishwasher/Potwasher 21.4969 21.8677 22.2381
Dispatcher / Transporter 22.7053 23.0758 23.4461 23.8167
(SMC)
Distribution Tech 23.4083 23.7969 24.1870 24.5746
* Eligibility Worker 27.5714 28.1355 28.6997 29.2637 29.8421 30.4341 31.0832 31.7318
Emergency Svc Tech 23.9659 24.6702 25.4181 26.1809 26.9729 27.7795 28.6008 29.4515
(SMC)
Environmental Aide 21.4969 21.8677 22.2381
ER Unit Clerk (SMC) 23.2549 23.6580 24.0025 24.3765
* Financial Counselor 25.5830 26.1046 26.6689 27.2189 27.7828 28.3472 28.9112 29.4612
Food Service Aide 21.3171 21.6880 22.0578
Head Env. Aide 22.0871 22.4576 22.8278
* Insurance Verifier 23.5803 24.0596 24.6237 25.1880 25.7380 26.3020 26.8521 27.4163
LVN 29.5384 30.2557 30.9524 31.6482 32.3455
LVN Chem Dep (SMC) 29.5384 30.2557 30.9524 31.6482 32.3455
86

LVN, IV Certified ($.90 30.4384 31.1557 31.8524 32.5482 33.2455
above LVN)
* Medical Records Clerk I 20.4634 21.0135 21.5918 22.1417 22.7059 23.2559 23.8623 24.4828
* Medical Records Clerk II 21.5918 22.0571 22.6214 23.1853 23.7494 24.2995 24.8637 25.4135
* Medical Records Clerk III 23.5803 24.0596 24.6237 25.1880 25.7380 26.3020 26.8521 27.4163
* Medical Records
Specialist
* Medi-Cal Review
Assistant
Monitor Technician
(SMC)
27.5714 28.1355 28.6997 29.2637 29.8421 30.4341 31.0832 31.7318
25.5830 26.1046 26.6689 27.2189 27.7828 28.3472 28.9112 29.4612
25.5735 25.9547 26.3356 26.7165
87

Eff 03/20/2011 - Benefited Rates
Job Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8
Nurse Attendant 21.9720 22.3423 22.7129 23.0832
* Office Coordinator 25.5830 26.1046 26.6689 27.2189 27.7828 28.3472 28.9112 29.4612
* Oncology Data Assistant 26.7676 27.3034 27.8675 28.4318 28.9817 29.5460 30.0957 30.6740
Orthopedic Nurse Att. 22.9720 23.3423 23.7129 24.0832
(SMC) ($1.00 above CNA)
* Patient Account Asst 20.4634 21.0135 21.5918 22.1417 22.7059 23.2559 23.8623 24.4828
* Patient Account Rep I 21.5918 22.0571 22.6214 23.1853 23.7494 24.2995 24.8637 25.4135
* Patient Account Rep II 23.5803 24.0596 24.6237 25.1880 25.7380 26.3020 26.8521 27.4163
Patient Care Assistant 21.9720 22.3423 22.7129 23.0832
(ABMC)
* Patient Placement Rep. 25.5830 26.1046 26.6689 27.2189 27.7828 28.3472 28.9112 29.4612
Patient Transporter 21.9720 22.3423 22.7129 23.0832
(SMC)
* PBX Operator 20.4634 21.0135 21.5918 22.1417 22.7059 23.2559 23.8623 24.4828
Perinatal Aide (SMC) 21.9720 22.3423 22.7129 23.0832
Program Aide (SMC) 21.9720 22.3423 22.7129 23.0832
* Registration Rep, Lead 23.5803 24.0596 24.6237 25.1880 25.7380 26.3020 26.8521 27.4163
Rehab Svc Aide (SMC) 21.2668 21.6372 22.0076 22.3782
Store Clerk 21.5752 21.9458 22.3162
Surgical Services Aide 23.4083 23.7969 24.1870 24.5746
(SMC) (not SSA I)
Technician-Licensed Psyc 29.5384 30.2557 30.9524 31.6482 32.3455
(ABMC)
* Transcriptionist 26.7676 27.3034 27.8675 28.4318 28.9817 29.5460 30.0957 30.6740
Unit Secretary (SMC) 23.2549 23.6580 24.0025 24.3765
Ward Clerk (ABMC) 23.2549 23.6580 24.0025 24.3765
Worker-Mental Health
(ABMC)
21.9720 22.3423 22.7129 23.0832
* If employee starts at step 1 at time of hire, he/she is eligible for step increase after 6 months.
Per diem employees hired after 6/21/01 must work 1,000 hours before moving to step 2.
88

Eff 03/18/2012 - Benefited Rates
Job Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8
* Admitting/Registration 22.2395 22.7188 23.3000 23.8809 24.4619 25.0285 25.6096 26.1759
Rep
* Ancillary Svcs Coder 28.3986 28.9796 29.5607 30.1416 30.7373 31.3472 32.0157 32.6838
Associate Care I (ABMC) 23.0834 23.4728 23.8620 24.2513 24.6710 25.1520
Associate Care II - IV 31.3246 32.0634 32.7810 33.4977 34.2158
Certified ($.90 above
CAII)
Associate Care II (ABMC) 30.4246 31.1634 31.8810 32.5977 33.3158
* Billing / Scheduling Tech 26.3505 26.8877 27.4690 28.0354 28.6163 29.1977 29.7786 30.3450
* Cash Adjuster 24.2877 24.7814 25.3624 25.9436 26.5101 27.0911 27.6577 28.2388
Central Processing 25.1106 25.5109 25.9111 26.4090
Technician -Lead ($1
above CPT II)
Central Processing 22.6311 23.0126 23.3943 23.7757
Technician I
Central Processing 24.1106 24.5109 24.9111 25.4090
Technician II
Certified Nurse Assistant 22.6311 23.0126 23.3943 23.7757
(SMC)
* Clerk Typist 21.0773 21.6439 22.2395 22.8060 23.3871 23.9536 24.5782 25.2173
* Computer Operator 26.3505 26.8877 27.4690 28.0354 28.6163 29.1977 29.7786 30.3450
* Computer Operator 28.3986 28.9796 29.5607 30.1416 30.7373 31.3472 32.0157 32.6838
Senior
* Data Operator 22.2395 22.7188 23.3000 23.8809 24.4619 25.0285 25.6096 26.1759
Dishwasher/Potwasher 22.1418 22.5237 22.9052
Dispatcher / Transporter 23.3864 23.7681 24.1495 24.5312
(SMC)
Distribution Tech 24.1106 24.5109 24.9126 25.3118
* Eligibility Worker 28.3986 28.9796 29.5607 30.1416 30.7373 31.3472 32.0157 32.6838
Emergency Svc Tech 24.6849 25.4103 26.1806 26.9663 27.7820 28.6128 29.4588 30.3351
(SMC)
Environmental Aide 22.1418 22.5237 22.9052
ER Unit Clerk (SMC) 23.9526 24.3677 24.7226 25.1078
* Financial Counselor 26.3505 26.8877 27.4690 28.0354 28.6163 29.1977 29.7786 30.3450
Food Service Aide 21.9566 22.3386 22.7195
Head Env. Aide 22.7497 23.1313 23.5126
* Insurance Verifier 24.2877 24.7814 25.3624 25.9436 26.5101 27.0911 27.6577 28.2388
LVN 30.4246 31.1634 31.8810 32.5977 33.3159
LVN Chem Dep (SMC) 30.4246 31.1634 31.8810 32.5977 33.3159
89

LVN, IV Certified ($.90 31.3246 32.0634 32.7810 33.4977 34.2159
above LVN)
* Medical Records Clerk I 21.0773 21.6439 22.2395 22.8060 23.3871 23.9536 24.5782 25.2173
* Medical Records Clerk II 22.2395 22.7188 23.3000 23.8809 24.4619 25.0285 25.6096 26.1759
* Medical Records Clerk III 24.2877 24.7814 25.3624 25.9436 26.5101 27.0911 27.6577 28.2388
* Medical Records 28.3986 28.9796 29.5607 30.1416 30.7373 31.3472 32.0157 32.6838
Specialist
* Medi-Cal Review 26.3505 26.8877 27.4690 28.0354 28.6163 29.1977 29.7786 30.3450
Assistant
Monitor Technician 26.3407 26.7333 27.1256 27.5180
(SMC)
Nurse Attendant 22.6311 23.0126 23.3943 23.7757
Office Coordinator 26.3505 26.8877 27.4690 28.0354 28.6163 29.1977 29.7786 30.3450
Oncology Data Assistant 27.5706 28.1225 28.7035 29.2848 29.8511 30.4323 30.9986 31.5942
Orthopedic Nurse Att. 23.6311 24.0126 24.3943 24.7757
(SMC) ($1.00 above CNA)
Patient Account Asst 21.0773 21.6439 22.2395 22.8060 23.3871 23.9536 24.5782 25.2173
Patient Account Rep I 22.2395 22.7188 23.3000 23.8809 24.4619 25.0285 25.6096 26.1759
Patient Account Rep II 24.2877 24.7814 25.3624 25.9436 26.5101 27.0911 27.6577 28.2388
Patient Care Assistant 22.6311 23.0126 23.3943 23.7757
(ABMC)
Patient Placement Rep. 26.3505 26.8877 27.4690 28.0354 28.6163 29.1977 29.7786 30.3450
Patient Transporter 22.6311 23.0126 23.3943 23.7757
(SMC)
PBX Operator 21.0773 21.6439 22.2395 22.8060 23.3871 23.9536 24.5782 25.2173
Perinatal Aide (SMC) 22.6311 23.0126 23.3943 23.7757
Program Aide (SMC) 22.6311 23.0126 23.3943 23.7757
Registration Rep, Lead 24.2877 24.7814 25.3624 25.9436 26.5101 27.0911 27.6577 28.2388
Rehab Svc Aide (SMC) 21.9048 22.2863 22.6679 23.0495
Store Clerk 22.2225 22.6042 22.9857
Surgical Services Aide 24.1106 24.5109 24.9126 25.3118
(SMC) (not SSA I)
Technician-Licensed Psyc 30.4246 31.1634 31.8810 32.5977 33.3158
(ABMC)
Transcriptionist 27.5706 28.1225 28.7035 29.2848 29.8511 30.4323 30.9986 31.5942
Unit Secretary (SMC) 23.9526 24.3677 24.7226 25.1078
Ward Clerk (ABMC) 23.9526 24.3677 24.7226 25.1078
Worker-Mental Health
(ABMC)
22.6311 23.0126 23.3943 23.7757
* If employee starts at step 1 at time of hire, he/she is eligible for step increase after 6 months.
Per diem employees hired after 6/21/01 must work 1,000 hours before moving to step 2.
90

Differentials per hr
Heavy Duty $0.50
Cold Room $0.50
Pay in-lieu of benefits $1.25
Shift Differential
PM $1.40
NOC $1.75
PM $1.84 (for LVN classifications, Assoc Care II & ER SvcTech)
NOC $2.460 (for LVN classifications, Assoc Care II & ER SvcTech)
Weekend Shift Differential per shift
$5.60
$8.00 (for LVN & LPT)
91

FOOTNOTES TO APPENDIX "A"
(1) A Senior LVN is paid $0.35 cents above the LVN rate of pay (See Section 8.17).
(2) An LVN who meets the contractual requirements for I.V. Therapy is paid $0.90
cents above the LVN rate of pay (See Section 8.15).
(3) An Environmental Department employee assigned heavy duty for more than one
(1) hour is paid $0.50 cents above his or her rate of pay.
(4) A Nursing Attendant is paid $1.00 dollar above the Nursing Attendant rate of
pay when assigned to work as an Orthopedic Nursing Attendant.
(5) A Nursing Attendant is paid $0.50 cents above the Nursing Attendant rate of pay
when assigned to work as a Nurse Attendant/Dispatcher.
92

APPENDIX "B" MEDICAL PLAN OPTIONS
93

PLAN OPTION
EPO OPTION
PPO OPTION
GENERAL INFORMATION
Network
Sutter Health Network,
Children's Hospital, Sutter
Medical Groups and Aligned
IPAs (e.g. East Bay Medical
Foundation, Alta Bates
Medical Group), and
Hill Physicians
Sutter Health Network,
Children's Hospital, Sutter
Medical Groups and Aligned
IPAs (e.g. East Bay Medical
Foundation, Alta Bates
Medical Group), and
Hill Physicians
Annual Deductible None None
Annual Out-of-Pocket
Maximum 2
Lifetime Maximum
$750 Individual
$1,500 Family
$3,000,000
$500 Individual
$1,000 Family
EMERGENCY AND URGENT CARE
Emergency Room
(Copay waived if admitted) $10 Copay No Copay
94
Anthem Blue Cross
PPO Network
$100 Individual / $300 Family
$1,500 Individual / $2,500 Family
$3,000,000
Life Threatening – No Copay
Non-Life Threatening –
Employee pays 10%
Out-of-Network
Life Threatening – No Copay
Non-Life Threatening –
Employee pays 20%
Urgent Care $10 Copay $10 Copay Employee pays 10% Employee pays 20%
HOSPITAL SERVICES
Inpatient and Outpatient
Hospitalization No Copay No Copay
No Copay
Pediatric Hospitalization –
Employee pays 10%
Employee pays 50%
Pediatric Hospitalization –
Employee pays 20%
Inpatient Physician Visits No Copay No Copay No Copay No Copay
Inpatient Rehabilitative
Therapy
Physical and Occupational No Copay No Copay Employee pays 10% Employee pays 20%
Speech (30 visits per No Copay No Copay Employee pays 20% Employee pays 40%
calendar year maximum)
MENTAL HEALTH AND CHEMICAL DEPENDENCY (Provided through OptumHealth Behavioral Solutions)
Inpatient
No Copay
Outpatient
$10 Copay
OTHER MEDICAL SERVICES AND SUPPLIES
Durable Medical
Equipment
Home Health Care
No Copay
No Copay
Unlimited duration, based on
medical necessity
No Copay
$10 Copay
No Copay
$3,000 annual limit
Employee pays 10%
$3,000 annual limit
No Copay
120 visits per calendar year
Employee pays 20%
Employee pays 20%
Employee pays 10%
$3,000 annual limit
Hospice No Copay No Copay
$15,000 or 6 month lifetime maximum
Skilled Nursing Facility
(100 days per calendar
year maximum)
No Copay No Copay Employee pays 10% Employee pays 20%
'Under the PPO, any amount exceeding the reasonable and customary charge under Tier 3 is the member's responsibility and does not count toward the
annual out-of-pocket maximum.
'Note: The annual out-of-pocket maximum is the most you will pay for medical expenses in a single calendar year before the plan pays 100% of the eligible
charges for the rest of the calendar year.

Chart Indicates Patient Financial Responsibility
PLAN OPTION
EPO OPTION
PPO OPTION
PHYSICIAN AND PROFESSIONAL SERVICES
If physician/professional services are in conjunction with an office visit, the office visit copay applies.
Allergy Testing,
Treatment and Injections
$10 Copay $10 Copay Employee pays 10% Employee pays 20%
(including serum)
Chiropractic $10 Copay No Copay Employee pays 10% Employee pays 20%
Acupuncture
(Combined limit of $1,500
per calendar year)
Diagnostic Laboratory &
X-Ray
$10 Copay No Copay
95
Employee pays 20% Employee pays 40%
No Copay No Copay Employee pays 10% Employee pays 20%
Dialysis $10 Copay No Copay No Copay Employee pays 50%
Infertility Treatment
($10,000 lifetime maximum)
No Copay No Copay Employee pays 10% Employee pays 20%
Mammography No Copay No Copay Employee pays 10% Employee pays 20%
Maternity Care $10 Copay $10 Copay Employee pays 10% Employee pays 20%
Physician Office Visits $10 Copay $10 Copay Employee pays 10% Employee pays 20%
Rehabilitative Therapy
Physical and Occupational
$10 Copay No Copay
Employee pays 10% Employee pays 20%
Speech $10 Copay No Copay Employee pays 20% Employee pays 40%
(30 visits per calendar
year maximum)
Routine Immunizations No Copay No Copay Employee pays 10% Employee pays 20%
Routine Physical Exam No Copay Employee pays 10% Employee pays 20%
(1 exam per calendar year) $10 Copay $400 max. per individual,
$1,500 max. per family
$400 max. per individual,
$1,500 max. per family
$400 max. per individual,
$1,500 max. per family
Well-Baby/Child Care
$10 Copay
(including Immunizations
No Copay
birth to age 12)
PRESCRIPTION DRUGS
Retail (30 day supply)
Generic $5 Copay $5 Copay
Brand Name $10 Copay $10 Copay
Non-formulary Brand Name $25 Copay $25 Copay
Peralta Outpatient Pharmacy (60 day supply)
Generic No Copay No Copay
Brand Name $5 Copay $5 Copay
Non-formulary Brand Name $10 Copay $10 Copay
Employees and dependents who are diabetic or pre-diabetic will receive diabetes-related medications and supplies free of all copays.
All copays for office visits, approved medical services and diabetic supplies dispensed through a participating pharmacy count toward the out-of-pocket
maximum, except: copays for chiropractic visits, copays for prescription drugs, services or supplies received that are not covered by the plan and any
amount incurred as a penalty for receiving non-certified services or expenses.

LETTERS OF AGREEMENT
SUMMIT MEDICAL CENTER
1. HEALTH AND SAFETY COMMITTEE.
It is hereby agreed between the parties that a bargaining unit employee will be
added to the Medical Center's Health and Safety Committee. Said employee to be
elected by the bargaining unit.
2. DIETARY SCHEDULING.
The parties agree that changes in dietary scheduling will be kept to the minimum
necessary. The schedule will be readily available to all employees. Questions
about schedule changes will be answered promptly and courteously.
Employees who are regular full-time and part-time shall have a pre-determined
work schedule subject to as few changes as possible.
3. UNIT COORDINATOR.
Absent emergency circumstances, for example, answering phones when a unit
secretary is busy, unit coordinators will not perform the work traditionally
performed by unit secretaries.
4. AD HOC COMMITTEE.
The parties agree to establish an Ad Hoc Committee comprised of a minimum of
three (3) to a maximum of five (5) LVNs selected by the Union, and a minimum
of three (3) to a maximum of five (5) representatives of Nursing Management.
Additionally, a representative from the Human Resources Department shall
attend the Committee meetings.
The committee shall meet and discuss the appropriate role of LVN UHW
members in the delivery of patient care with the objective of effectively using
their skills. The committee shall commence meeting immediately and will
continue to meet for a period of one (1) year. The parties may extend the
committee beyond one (1) year for as long as deemed necessary.
The discussion could also include issues involving Nursing Assistants.
5. MULTI-SKILLED POSITIONS.
If the Medical Center intends to create any multi-skilled positions during the
term of the contract, the Medical Center shall give the Union notice of such intent
not less than ninety (90) days prior to the implementation of the multi-skilled
position(s). Within thirty (30) days of receipt of such notice, the Union may
96

equest to meet and negotiate in good faith over the duties, compensation and
implementation of the new multi-skilled position(s). The parties recognize that
the implementation of multi-skilled positions may enhance the professional
delivery of high quality and compassionate medical care and related services.
Such multi-skilled position(s) may include new positions which combine some
duties of current positions covered by the collective
bargaining agreement and may include additional duties. If the Union presents a
timely written request to negotiate over such position(s), the parties shall
commence such negotiations within thirty (30) days of the date of such notice.
During such negotiations, the Medical Center will not propose to limit the scope
of the representation of the Union.
6. LAUNDRY LINEN CLASSIFICATIONS.
If the Medical Center reinstates Laundry Linen positions with the duties of
classifications in the '94(96 Agreement, the Medical Center will include the new
classifications in the Agreement. This side letter applies to the following
classifications:
Laundry Worker
Press Operator
Washer Pickup Delivery Seamstress Linen Room Worker Linen Coordinator
7. SURGICAL SERVICES AIDE AGREEMENT.
1. The parties agree that the current bargaining unit employees in the
Surgical Aide classification shall be converted into the new Surgical
Services Aide (SSA) position. If at some time in the future, the Surgical
Aide classification is reestablished, the classification will continue to be
represented by UHW.
2. In addition to these seven (7) positions, the Medical Center will post four
(4) new SSA positions consistent with the terms of the negotiated
agreement. Benefited employees of the Environmental Services (EVS)
Department and the Transportation Department who apply for such
vacancies will be considered equally as applicants under Section 12.5(b)(1)
of the contract
3. Vacancies that are' posted as a result of an EVS or Transportation
Department employees successfully bidding on an SSA job will be posted
as vacancy for which both EVS and Transportation employees will be
considered equally as applicants under Section 12.5(b)(1) of the contract.
97

4. At the completion of the training period or at the end of ninety (90) days,
whichever comes first, all SSA schedules will be posted for bid. Postings
shall specify the shift, hours of work, days off and primary work location
(home base). At least four (4) weeks prior to the posting, copies of SSA
schedules will be provided to the Union.
5. The Hospital shall post the schedules six (6) weeks in advance. While the
parties recognize that the starting and quitting times will be flexible
within the assigned shift, the Medical Center will use its best efforts to
minimize schedules changes. Daily adjustments in starting times will be
rotated in a fair and equitable manner among qualified employees.
6. While selecting a home base shall be part of the bidding process, the
parties understand that rotating from time to time to other area shall be
necessary in order to maintain skills.
7. The parties agree that the SSA wage shall be the same as the CPD 11 scale
with all employees starting on the SSA step that corresponds with the
same step as in their previous classification. The SSA wage shall become
effective as of the successful completion of the first phase of the training
which shall consist of classroom training of seven (7) to ten (10) days.
8. All agreements reached as a result of the creation of the SSA position are
on a non-precedent setting basis.
98

ALTA BATES MEDICAL CENTER
1. PSYCHIATRIC TECHNICIANS.
Effective June 26, 1988, all provisions of the Hospital and Health Care Workers'
Union, UHW collective bargaining agreement, which became effective May 1,
1987 through April 30, 1990 shall apply to Psychiatric Technicians with the
following addendum:
1. All employee performance evaluations of the Psychiatric Technicians shall
be completed by the employee's immediate supervisor. This does not
prohibit input from any other supervisor on the shift.
2. Issues of staffing, child care, education, and training shall be referred to
and addressed by Joint Committees A & B which shall be open to the
participation of the Psychiatric Technicians.
3. Nothing contained elsewhere in the Collective Bargaining Agreement
shall be construed as a bar to Psychiatric Technicians performing charge
duties for the appropriate pay differential. The criteria for charge shall be
the same as outlined in Section 8.16 Senior Licensed Vocational Nurse.
4. Any specialized training required to perform work in the Psychiatric Unit
at Alta Bates Medical Center shall be provided at no charge to all
Psychiatric Technicians.
2. WARD CLERK UTILIZATION.
This Agreement is made between Alta Bates Summit Medical Center and the
Health Care Workers' Union, UHW. The purpose of this Agreement is to
prescribe the terms and conditions under which ward clerks may be assigned to
relieve unit secretaries. The application of this Agreement shall apply to the
following Nursing Units:
(1) Labor and Delivery
(2) Nursery
(3) RSU and 5E (Herrick Campus), 6NE, 6NW, 4SW, 4W, 4E, 4NE
(4) 3EA, 3EB, 3N, 4EA, 4N (Herrick Campus)
(5) 3W, 3SW
3. (a)When it is necessary to temporarily replace or relieve a unit secretary,
management shall have the sole right to determine whether or not such relief
work can be limited to, and accomplished by, the ward clerk classification, and
99

management shall have the sole right to decide whether such temporary
assignments shall be made to the ward clerk classification.
(b) If management determines that the temporary relief work can and will be
limited to duties falling solely within the ward clerk job description, such work
shall be offered in management's discretion to qualified ward clerics, by
seniority, within nursing units, as outlined in opening paragraph. All such
relief/temporary assignments provided for herein shall be strictly on a voluntary
basis.
4. It is dearly understood that employees performing relief work as described in 1
above are working as ward clerks and covered by and compensated under the
terms and conditions of the current collective bargaining agreement.
5. (a) It is further understood and agreed to that the Union will not claim
jurisdiction or seek recognition or representation rights over unit secretaries by
virtue of the Parties' collective bargaining agreement or of this Agreement or
permissible practices arising out of the Contract or this Agreement, and the
Union will not seek to extend the Parties' collective bargaining agreement for
accretion, unit clarification, or otherwise, to cover unit secretaries. This
Agreement shall not in any manner prohibit the Medical Center from replacing a
unit secretary with another unit secretary.
(b)Notwithstanding subsection 3(a) above, nothing herein shall be. construed as
a waiver of the Union's rights or preclude the Union from seeking recognition
and representational rights in the future by filing a petition to conduct a
representation election in an appropriate unit, provided further nothing herein
shall be construed as a waiver by the Medical Center to contest the
appropriateness of any petitioned for unit.
6. All other terms and conditions of the Collective Bargaining Agreement remain in
full force and effect.
7. This Agreement does not apply to any classifications or workers other than
ward clerics, nor does it apply to the filling of vacancies other than those
described herein for relief.
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ALTA BATES MEDICAL CENTER
EVS REBID PROCEDURES
This Side letter of agreement (Side Letter) is entered by and between Alta Bates
Medical Center (ABMC) and Service Employees International Union UHW, AFL-
CIO (UHW) as a product of considerable effort to resolve all disputes between
the parties stemming from efforts to conduct a rebid in the Environmental
Services Department during the Summer and Fall of1999.
Whereas the parties desire to improve the overall quality of the services
performed by the Environmental Services Department;
Whereas a rebid is the reporting of and rebidding on all positions in a
department;
Whereas errors have been made in past rebids in the Environmental Services
Department and the parties therefore desire to conduct a fair and correct rebid
and work cooperatively toward that end and develop relevant procedures; and
Now therefore the parties agree to the following procedures: Rebids shall be
based upon at least five (5) calendar days notice to the affected employees in the
UHW bargaining unit;
The documents posted by ABMC shall include at a minimum the job location
(e.g., campus), the job duties (or a current, correct copy of the applicable job
description), the job classification (e.g., regular full-time, regular part-time, short
hour, or casual), the minimum qualifications for the position (or a current, correct
copy of the applicable job description), the hours of work for the position, and
the days off for the position and Section 11.5(b) of the parties collective
bargaining agreement shall be followed;
On rebid day (the day employees sign up for positions unless they have used a
proxy as described below), a shop steward identified by UHW from each campus
shall be present to observe the rebid sign up process and participate as described
herein. Stewards' participation in the rebid process shall be on paid time;
On rebid day (the day employees sign up for positions unless they have used a
proxy as described below), the stewards and ABMC representatives shall confer
with one another for fifteen (15) minutes every four (4) hours and for a
reasonable amount of time at the end of the day for the purposes of ensuring that
the rebid proceeds smoothly;
The designated shop stewards and the ABMC representatives shall be
empowered to resolve rebid issues that arise during the course of the rebid day,
e.g., how to deal with a situation where an employee is late for his or her sign up
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time on the schedule posted by ABMC or when an employee has designated a
proxy as described below and the proxy is late or fails to show up at his or her
sign up time on the schedule posted by ABMC, etc.;
Using the proxy form, an employee may identify a co-worker as his or her
designated proxy who on rebid day may enter the co-worker's assignment choice
on rebid day (the day employees sign up for positions unless they have used a
proxy as described below). The completed, signed proxy form must be returned
to ABMC before the dose of business the day before rebid day or shall be
produced by the designated proxy on rebid day for review by the designated
shop stewards and ABMC representatives. The proxy shall not be revocable and
shall not be subject to the grievance and arbitration procedure in the parties'
collective bargaining agreement. The parties shall establish a joint labor
management workload committee for the Environmental Services Department to
meet at reasonable times as needed. The committee shall be composed of four (4)
representatives selected by the UHW bargaining unit and up to four (4) ABMC
representatives. The meetings shall be held on paid work time. The purpose of
the committee is to resolve issues concerning the distribution of work in the
Environmental Services Department and other issues that the parties mutually
agree to discuss. Decisions shall be made by mutual agreement. In the event that
the parties are unable to reach agreement, the Union may submit the issue
directly to an arbitrator, who shall be selected in accordance with the process set
forth in the grievance procedure of the parties' collective bargaining agreement.
The Arbitrator shall be empowered to render a binding decision;
ABMC agrees that employees shall not be disciplined nor shall they receive an
unsatisfactory performance evaluation for work performance due to an
overloaded job. The committee shall review which jobs are "overloaded;"
The Employer further agrees to provide proper and ongoing training to ensure
and enhance the provision of high quality service at ABMC; and
The parties agree that after sixty (60) days of the implementation of the rebid, the
parties shall review the Census-Based Staffing system or the staffing system then
in effect. The review shall include an evaluation of the discharge assignments
under the system. Within thirty (30) days after rebid implementation, the parties
will review the job duties and assignments of the head housekeeping aides.
Disputes shall be subject to the dispute resolution procedure set forth in this
agreement.
1. DEBRA PAGE
Debra Page's position in Summit's Same Day Surgery Unit shall be a Union
position until Ms. Page vacates the position. At that time, the position will revert
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to being a non-union position. Debra Page shall receive a wage increase of 4%
above her base wage rate, effective May 1, 2000 and will be paid at the SMC Unit
Secretary wage rate, effective on January 7, 2001.
2. IN-LIEU OF BENEFITS PAY
An employee who as of June 22, 2001 was receiving In Lieu of Benefits Pay at a
higher rate than that specified in Section 13.3 shall continue to receive the higher
rate of In Lieu of Benefits Pay while the employee remains eligible for such
premium. Effective upon ratification of this Agreement (i.e., June 22, 2001), the
percentage in-lieu of benefits pay for any such employee shall be converted into
a flat rate equivalent to the percentage amount that the employee received prior
to ratification.
3. RETIREE HEALTH PLAN
A. Retirees Age 65+ with -10 years of Credited Service: Employees age 61 or
older with 10 years of credited service as of January 1, 2005 and who work
until the age of 65 or older shall, upon their retirement, have the one-time
option of enrolling in either (1) a Medicare Supplement Plan, under its
existing terms and conditions (as described below), or (2) the Alta Bates
Summit Medical Center Retiree Health Care Account ("RHCA"), under the
terms and conditions set forth in Section 24.5 of this Agreement
1. Effective Date: January 1, 2005.
a. Eligibility: Employees retiring at age 65 and later with ten (10)
years of credited service (as of January 1, 2005) and their eligible
dependents.
b. Plan Design: A Medicare Supplement Plan.
c. Rate: $208.48 per individual/per month for 2006 (month begins
with enrollment date). (Cost subject to change without notice.)
d. Retiree Cost A sliding scale of contributions to help defray Plan
costs will apply to Plan premium for the retiree and eligible
dependents as follows:
Years of Service % of Monthly Rates
25 + Years -0-
20 - 24 Years 25%
15 -19 Years 50%
10 -14 Years 100%
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e. Medicare Part "B" Supplement nine dollars and thirty cents
($9.30) per month toward the cost of Medicare Part "B"
premiums will be paid to employees retiring at age sixty (65)
and later. Retirees must be enrolled in Medicare Part "B" to
receive this benefit.
These changes are not intended to affect the retirement benefit
of any employee who retired prior to January 1, 2005. This
supplement plan option shall not be offered to any employee
who retires after June 30, 2008.
104

SIDE LETTER: REVISED STAFFING MATRICES
ALTA BATES SUMMIT MEDICAL CENTER AND SEIU - UHW SIDE LETTER
REGARDING REVISED STAFFING MATRICES 2/8/06
Alta Bates Summit Medical Center and SEIU-UHW have been engaged in a dispute
regarding the introduction of revised staffing matrices at the Medical Center in
December 2005 ("Staffing Matrices"), including but not limited to whether the
introduction of these matrices violated the National Labor Relations Act and/or the
arbitration award issued by Gerald McKay. Rather than pursue this dispute before the
NLRB or the grievance procedure, the parties hereby agree to resolve any and all
disputes relating to the introduction these staffing matrices as follows:
These Staffing Matrices shall remain in place but, at the request of the Union, may be
reviewed by the Staffing Committee established by the parties' new collective
bargaining agreement and pursuant to the terms of that section. Notwithstanding the
terms of that section, an arbitration over the Staffing Matrices shall not be counted
towards the maximum number of arbitrations allowed per anniversary year under
Section 8.8. Unless the parties otherwise agree in writing, all unresolved disputes about
the Staffing Matrices shall be subject to a single arbitration procedure.
105

SIDE LETTER: NEW MEDICAL BED TOWER AND CHANGES IN
HERRICK SERVICES
ALTA BATES SUMMIT MEDICAL CENTER AND SEIU - UHW SIDE LETTER
REGARDING NEW MEDICAL BED TOWER AND CHANGES IN HERRICK
SERVICES
During the course of their 2008-2010 negotiations, the Medical Center and the Union
discussed the Medical Center's various building projects, including the construction of a
new medical bed tower at the Summit campus, the closure of the Herrick Campus, and
the relocation of psychiatric and acute rehab services performed by employees in the
bargaining unit from the Herrick Campus to the Summit Campus. SEIU UHW has been
provided substantial information about the new building project, including the
Environmental Impact Report filed by the Medical Center related to these building
projects. In order to provide enhanced employment security for employees represented
by SEIU UHW and support for the Medical Center's plans that will result in improved
facilities and care for the Medical Center's patients and the community, the Medical
Center and SEIU UHW have entered into this side letter.
The Medical Center agrees as follows:
a) The classifications currently represented by the Union at the Summit Campus
shall continue to be represented in the new medical bed tower to be constructed
on the Medical Center's Summit campus.
b) The classifications currently represented by the Union at the Herrick Campus
and transferred to the new medical bed tower or other areas of the Summit
Campus (Providence Pavilion) shall continue to be represented by the Union.
c) There is no projected reduction in the number of regular employees represented
by the Union as a direct result of either occupying the new medical bed tower or
transferring work from the Herrick Campus to the Summit Campus.
d) There is no intent to change the classifications of regular employees as a direct
result of either occupying the new medical bed tower or transferring work from
the Herrick Campus to the Summit Campus.
e) Six months prior to the occupation of the new medical bed tower, the Medical
Center agrees to meet with the Union to discuss the staffing and bidding process
for the new tower.
f) Six months prior to the transfer of work from the Herrick Campus to the Summit
Campus, the Medical Center agrees to meet with the Union to discuss the
106

staffing and bidding process related to the transfer from the Herrick Campus to
the Summit Campus.
g) The parties agree to set aside at least $100,000 of the funds available in the
Training and Education Fund to provide retraining opportunities to employees
affected by the occupation of the new medical bed tower or transfer of work
from Herrick to the Summit Campus.
h) As it relates to the construction of the new medical bed tower or the transfer of
work from Herrick, all SEIU UHW-represented regular employees employed by
the Medical Center on the date of ratification of this Agreement shall be offered
Comparable Employment (defined below) in the Sutter Health East Bay Region.
A regular employee who is offered only a position outside of the bargaining unit
(whether at the Medical Center or elsewhere within the Sutter Health system)
may reject the offered position and remain eligible for the maximum severance
provisions listed in section 12.4(j) of the Agreement. An employee placed in a
position with a lower base pay shall his or her base wage rate red-circled until
the wage scale of the new classification reaches the employee's base rate in his or
her former classification.
For the purposes of this side letter, "Comparable Employment" shall mean a
position with similar duties and skill requirements, similar annualized base
salary (within ten percent [10%] of the employee's then current annualized base
salary) and similar work schedule (within ten percent [10%] of the employee's
then scheduled hours per fourteen [14]-day period).
i) Should any regular staff employed by the Medical Center who is hired by the
Medical Center after the ratification of this Agreement (including but not limited
to any employees who may have been previously employed elsewhere within
the Sutter Health system) be subject to a loss of position or a reduction in hours
as a direct result of the occupation of the new medical bed tower or the transfer
of work from Herrick, the following provisions shall apply:
1. If after applying the seniority provisions of the contract, there are such
affected regular employees, these employees shall be eligible for an
additional thirty (30) days (for a total of ninety [90] days) of "on the job"
training for other positions within the Medical Center.
2. Such a regular employee who is offered only a position outside of the
bargaining unit (whether at the Medical Center or elsewhere within the
Sutter Health system) may reject the offered position and remain eligible
for severance as provided in section 12.4(j) of the Agreement.
3. Such a regular employee laid off in such circumstances shall have recall
rights under the Agreement of twenty-four (24) months.
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The Union acknowledges that the Medical Center maintains the right to
determine appropriate staffing of the Medical Center, subject to the express
terms contained elsewhere in the Agreement, including the right to staff by
patient census.
In light of these assurances, the SEIU-UHW agrees to support publicly and
privately the Medical Center's building projects in which represented employees
would be assigned to work, including, but not limited to, meeting with Oakland
public officials to express support for the building projects and supporting the
projects at the Environmental Impact Report hearings on these projects.
Mutual Commitments: The parties agree that the intent of this side letter is not to
expand the scope of the current bargaining unit to classifications that are
currently not represented by SEIU-UHW, nor is it the intent of this side letter to
reduce the scope of the current SEIU-UHW bargaining unit. The classifications
currently represented by the Union at the Summit and Herrick Campuses shall
continue to be represented at the new medical bed tower and at the Providence
Pavilion. The traditional classifications within the bargaining unit at each
campus shall continue to be represented at that respective campus. Furthermore,
it is the understanding and the agreement of the parties that this side letter and
the mutual obligations contained within it are enforceable only if the new
medical bed tower, as described in the Medical Center's Environmental Impact
Report submitted to the City of Oakland, a copy of which has been provided to
the Union, is approved without a material change by the City of Oakland. For
purposes of this section, a "material change" is defined as a change that reduces
by more than ten percent (10%) either (1) the square footage of the proposed new
facility; or (2) the proposed licensed beds in the new facility.
108

SIDE LETTER: PULMONARY SUBACUTE SERVICES
ALTA BATES SUMMIT MEDICAL CENTER AND SEIU - UHW SIDE LETTER
REGARDING PULMONARY SUBACUTE SERVICES:
During the course of their 2008-2010 negotiations, the Medical Center and the Union
discussed the Medical Center's plans to no longer offer pulmonary subacute services
presently provided at the Herrick Campus. The closure of this unit will occur no later
than 2014. The Medical Center and the Union agree to the following to address the
impact of the closure of the pulmonary subacute unit upon the employees working in
that unit:
a. The parties shall use the Workforce Planning Committee procedures set forth in
Section 12.3(c) to, among other things, (i) identify current and anticipated
vacancies; (ii) review the impact of the Medical Center's announced business
plans on the workforce; (iii) identify competencies of various positions to assist
in identifying retraining opportunities; (iv) provide retraining opportunities,
including working with managers on developing cross-training and other
employee development programs.
b. The parties agree to set aside at least $80,000 of the funds available in the
Training and Education Fund over the course of the contract to provide
retraining opportunities to employees affected by closure of the Pulmonary
Subacute Unit.
c. If after applying the seniority provisions of the contract, should any regular staff
employed by the Medical Center be subject to a loss of position or a reduction in
hours as a direct result of the closure of the Pulmonary Subacute Unit.
1. Regular employees shall be eligible for an additional sixty (60) days (for a
total of 120 days) of "on the job" training for other positions within the
Medical Center.
2. 2 The Medical Center agrees to propose to California Nurses Association a
modification to the existing collective bargaining agreement between the
Medical Center and CNA to allow placement of existing regular LVNs in
the Pulmonary Subacute Unit to fill either break relief positions in acute
care units of the Medical Center or existing LVN positions in acute care
units.
3. If, after applying the aforementioned provisions, the affected regular
employees are unable to find a position at the Medical Center or
elsewhere within the Sutter Health system for which they are qualified,
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such employees who are laid off by the Medical Center shall be eligible for
the maximum severance provision listed in section 12.4(j) of the
Agreement.
4. An affected regular employee who is offered a position outside of the
bargaining unit at the Medical Center may elect to take severance under
section 12.4(j) of the Agreement in lieu of taking the alternative position.
5. An affected regular employee who is on layoff status shall have recall
rights under the Agreement for twenty-four (24) months.
6. Affected regular employees who are subject to layoff and for whom no
position in the same classification is available, but who take a position
within the same department in a different classification with a lower pay
scale shall have his or her base wage rate reduced by no more than ten
(10%) in the new classification. Such an employee's base wage rate shall be
red-circled and held until the wage scale of the new classification reaches
the employee's base rate.
110

SIDE LETTER: KAISER CARDIOVASCULAR SERVICES CONTRACT
ALTA BATES SUMMIT MEDICAL CENTER AND SEIU - UHW SIDE LETTER KAISER
CARDIOVASCULAR SERVICES CONTRACT:
During the course of their 2008-2010 negotiations, the Medical Center and the Union
discussed Kaiser Permanente's decision not to renew its agreement for cardiovascular
and catheterization services ("Kaiser Cardiac Agreement") performed at the Medical
Center when the Kaiser Cardiac Agreement expires at the end of June 2010. Kaiser
announced plans to move the services covered by the Kaiser Cardiac Agreement to
other Kaiser facilities in the Bay Area. As a result, the Medical Center is required to
adjust to the loss of patient volume that will result from Kaiser's decision not to renew
the Kaiser Cardiac Agreement.
In order to provide enhanced employment security for employees represented by SEIU
UHW affected by the loss of services covered by the Kaiser Cardiac Agreement, the
Medical Center and the Union agree to follow the employment security provisions of
the collective bargaining agreement and as set forth below:
1. A regular employee who is laid off as a result of the loss of services covered by
the Kaiser Cardiac Agreement shall be eligible for severance as provided in
section 12.4(j) of the Agreement and shall have recall rights for 24 months as
provided in section 12.1(b)(5);
2. An affected regular employee shall be eligible for an additional 60 days (for a
total of 120 days) of "on the job" training for other positions within the Medical
Center, pursuant to the provisions of section 12.3(f)(1);
3. Following the ratification of the Agreement and through June 2010, the
Workforce Planning Committee, as by section 12.3(c), shall meet at least monthly
to, among other things, (i) identify current and anticipated vacancies; (ii) identify
competencies of various positions to assist in identifying retraining
opportunities; and (iii) provide retraining opportunities, including working with
managers on developing cross-training and other employee development
programs; and
4. A regular employee in a classification that is subject to an indefinite reduction in
force due to the loss of services covered by the Kaiser Cardiac Agreement may
volunteer to accept layoff and shall be eligible to receive severance under the
terms of the Agreement. Volunteers will be selected in seniority order and shall
forfeit recall rights upon the acceptance of severance.
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NOTES

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