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Holy Cross Hospital/District 1199NM Union Contract
Absenteeism/Tardiness
Appendix A - Salaries
Arbitration
Bereavement Leave
Classification of Employees
Complete Agreement
Continuing Education
Employee Discipline
Grievance Procedure
Hospital and Union Cooperation
Insurance
Job Description/Duties & Responsibilities
Jury Duty
Leave of Absence - Unpaid
Licensing/Certification and Dress Code
Major Medical Leave
Management Grievance/Arbitration Procedure
Management Rights
Membership and Dues Check Off
Non-Discrimination
Orientation
Pay Benefits
Pension
Performance Appraisals
Personal Leave Time
Personnel Files
Physicals
Posting/Transfers
Probationary Period
Recognition
Reduction in Force/Reduction in Hours
Salary
Saving Clause
Seniority
Signatures
Staffing
Strikes, Stoppages, and Lockouts
Sub-Contractor Clause
Successorship
Term Of Agreement
Termination
Union Activity, Bulletin Board, Visitation
Working Hours
Agreement
This agreement is made and entered into between Taos Health Systems, Inc., d/b/a Holy Cross Hospital, hereinafter the Hospital; and the Professional Performance Association, and the Professional Performance Association Affiliates, affiliated with District 1199NM, National Union of Hospital and Health Care Employees, AFSCME AFL-CIO, hereinafter the Union, at Holy Cross Hospital, Taos, New Mexico.
Purpose
The purpose of this agreement is to:
1. Maintain harmony, cooperation, and understanding between the management and the employees.
2. To provide orderly collective bargaining relationships between the Hospital and the Union.
3. To secure prompt and fair disposition of grievances without harassment.
4. To assure the safe and efficient operation of the Hospital and uninterrupted service to its patients.
5. And through a productive constructive relationship between the management and employees, to
provide and improve the quality of patient care and enhance the working conditions of the
employees.
To this end, the Hospital and Union recognize that:
Employees and management agree that patient satisfaction is built and maintained through employee satisfaction and agree to contribute to each other's and each patient's sense of well-being and health through their actions and behaviors.
Employees and management will adhere to professional licensing standards, the professional code of ethics and adequate staffing for the term of this agreement.
The Hospital and Union, recognize that they are partners in developing, negotiating, and implementing bargaining unit employees' wages, hours, and working conditions necessary to provide quality care to those we serve.
Article 1
RECOGNITION
The Management of Holy Cross Hospital Taos, New Mexico recognizes the National Union of Hospital and Health Care Employees, District 1199NM, AFSCME, AFL-CIO as the exclusive bargaining agent for certain employees of the Hospital in those bargaining units described in the certification of representatives issued by the NLRB in Case 20-RC-3300, and in Case 28-RC-4097. Excluded from either bargaining unit are all supervisors, guards, payroll clerks, executive assistants, administrative assistants, nursing administration secretaries, and all other employees in positions with access to confidential material as defined by the Act.
Article 2
TERMS OF AGREEMENT
This agreement shall be effective from 12:01 AM January 11, 2005 to 12:00 Midnight, May 31, 2008.
This agreement shall be effective June 1, 2005 following receipt of notice of written ratification by the employees and THS Board of Trustees and shall remain in full force and effect until its expiration date on May 31, 2008.
On or before ninety (90) days prior to the expiration date either party hereto may notify the other party in writing of its desire to negotiate the terms and provisions of a successor agreement. Promptly following such notification and during such ninety (90) day period, the parties shall meet and engage in such negotiations.
If neither party hereto gives notice to the other party of its desire to negotiate a successor agreement prior to the expiration date of this agreement, as provided, this agreement will automatically be renewed for successive one year terms thereafter.
Article 3
SAVING CLAUSE
In the event that any portion of this Agreement is validated by a passage of legislation or a decision of a court of competent jurisdiction, such invalidation shall apply only to those portions so invalidated, and all remaining portions of this agreement not invalidated, shall remain in full force and effect. In the event any provision or provisions are declared to be in conflict with the law, both parties shall meet immediately for the purpose of renegotiating a provision so invalidated.
Article 4
MANAGEMENT RIGHTS
The parties to this Agreement hereby unequivocally recognize and declare that Management has the exclusive right to manage the Hospital and all its facilities in accordance with its own policies and procedures. Management has the sole right to manage the Hospital. The only restrictions to Management's Rights to operate the Hospital are specifically detailed in this labor Agreement. No other constriction will be recognized as a limitation to Management's Right to direct the work force to operate the Hospital for the best possible service to the community.
A few of Management's Rights include the establishment of policies and procedures, establishing operation levels, and staffing requirements. Management has the exclusive right to create jobs, job descriptions, job function requirements, job performance standards and to hire, terminate, lay off, schedule, transfer, promote, suspend, discipline, the right to relieve employees from duty because of lack of work, the right to schedule operations, shifts, and all hours of work, the right to assign work and require overtime hours and the right to establish rules pertaining to the operation of the Hospital and permissible conduct of employees. Management retains the absolute right to close all or a part of the Hospital or to sell, relocate, transfer work or in any other way to dispose of or alter the facility and the work performed therein.
Should the Hospital Management fail to exercise any one of its particular rights to manage it will not be considered that the right or rights are waived.
Article 5
MEMBERSHIP AND DUES CHECK-OFF
Section A. The Hospital agrees that upon receipt of a "Check-Off Authorization Card" from an employee, the Hospital shall deduct from the wages of such employees regular biweekly dues in the amount certified by the Union.
Section B. The Hospital will deduct from the pay of employees, the regular biweekly dues becoming due and payable in such month and all other standard deductions. Regular dues deducted by the Hospital shall be withheld from each paycheck in the calendar month in which dues are owing. The Hospital shall remit such biweekly dues together with a list of all employees from which dues have been deducted to the National Union of Hospital and Health Care Employees, AFSCME, AFL-CIO, if possible, not later than the 25th day of the calendar month in which such deductions are made. A copy of such a list shall be sent to the Treasurer of both PPA and PPAA.
Section C. The Hospital shall be relieved from making such "Check-Off" deductions upon (1) termination of employment, (2) transfer out of the bargaining unit, (3) layoff from work. Notwithstanding the foregoing, upon return of an employee to work in the bargaining unit and at the employee's written request, the Hospital will resume making said deduction.
The Union agrees that at no time will it solicit or collect dues or fees of any kind on work time or Hospital premises.
It is specifically agreed that the Hospital assumes no obligation, financial or otherwise, arising out of its application of the provisions of this Article, and the Union hereby agrees that it will indemnify and hold the Hospital harmless from any claims, actions or proceedings by any employee arising from deductions made by the hospital hereunder. Once the funds are remitted to the Union, their disposition thereafter shall be the sole and exclusive obligation and responsibility of the Union.
Article 6
NONDISCRIMINATION
The Hospital and the Union agree that each will fully comply with all applicable laws and regulations regarding discrimination against an employee or applicant for employment because of such person's race, age, religion, color, national origin, physical or mental disability, gender, sexual orientation, spousal affiliation, membership, or non-membership in the Union.
Article 7
HOSPITAL AND UNION COOPERATION
SECTION A. The Hospital and Union agree to convene a Labor Management Committee on a monthly basis, or more often as agreed to by both sides to discuss operational and contract rule issues during the term of this agreement. The Union will have a core group of representatives consisting of no more than six (6) employees (three (3) representing the PPA and three (3) representing the PPAA). The core group will be paid by the hospital for the time at Labor Management meetings.
This committee is not an alternative to the grievance procedure. No article of the contract will be open for negotiations unless agreed by both parties.
SECTION B. A list of all newly hired and terminated bargaining unit employees, employees transferring into or out of the bargaining unit and employees placed on leave of absence will be given monthly to the President, local Secretary/Treasurer, or their designee. This list shall include name, address, date of hire, classification, and the area where the new employee is assigned.
SECTION C. Copies of financial statements prepared in their usual course of business (audited and/or interim balance sheets, profit and loss statements, and changes in cash statements) will be provided to the Union monthly after the THS Board meeting. Bank statements will be provided upon written request.
The Union is authorized to have their accountant inspect the Hospital's books at reasonable times and on not less than seven (7) days prior written notice. Written notice shall be by certified return-receipt mail. The Hospital's books shall be defined as the audited and/or interim balance sheets, profit and loss statements, and changes in cash and bank statements. The Hospital's books shall be examined on, and shall not be removed from the Hospital's premises.
SECTION D. Employees further recognize, accept and approve full cooperation is assisting to provide staffing coverage when illness, PLT, Major Medical Leave, Bereavement Leave, Jury Duty, High Census, LOA's, Education Leave or above average acuities require utilization of unscheduled employees.
SECTION E. The Hospital and the Union recognize the importance of maintaining a safe and healthful workplace, free of recognized hazards. The Union shall be entitled to designate one (1) member from among the bargaining unit employees of the Hospital to serve as a member of the Hospital's Safety Committee. The member designated by the Union will serve at the Union's pleasure.
Article 8
JOB DESCRIPTION/DUTIES & RESPONSIBILITIES
SECTION A. A job description will be developed for all employees and will identify their primary duties and responsibilities. Job descriptions will be reviewed with employees on an annual basis and changes will be made to accurately reflect the workload and responsibility of the employee. Any recognized change in working conditions affecting the employee(s), including change in job description or transfer to another department or facility, will be reviewed and discussed with the employee(s) and the union before implementation.
SECTION B. It is the employee's obligation to perform these duties and responsibilities competently.
Article 9
UNION ACTIVITY, BULLETIN BOARD, VISITATION
SECTION A. A non-employee Union Representative shall have access to the Hospital on a regularly scheduled basis to confer with delegates, officers, and members and employees in connection with the administration of this agreement. The Union Representative will have access to employees during their break times in working areas. The Director of Human Resources or his/her designee shall be notified seventy-two (72) hours before the Union Representative enters the Hospital for union business. Visitation shall not interfere with the performance of work by employees on duty. When it is necessary to visit a unit or department, coverage for patient care will be arranged by the staff person leaving. Visitation shall be conducted in a location in the unit or department designated by the supervisor.
SECTION B. Delegates shall be permitted to use up to one (1) hour of work per week for the investigation of each grievance. Delegates may attend grievance meetings with management on work time. Delegates shall notify their department manager, House Supervisor or immediate supervisor, when they leave and return to their job. Only one delegate shall participate in the processing of a grievance unless otherwise agreed to by the parties. Time off as permitted above, shall not be granted if it will interfere with the operation of the Hospital or optimum patient care. The Union shall notify the hospital in writing of all authorized delegates.
SECTION C. The work schedules of employees elected as Union delegates and officers shall be adjusted to permit attendance at regular delegate assembly meetings, delegate training sessions, and union conventions, providing the hospital operations shall not be impaired. Delegates and officers shall inform their supervisors six (6) weeks prior to the meeting, training session, or convention.
SECTION D. The Hospital shall continue to provide six (6) bulletin boards including a bulletin board in the off-site business office. One bulletin board shall be provided in the Med/Surg conference room, one at each of the two entrances where the time clocks are located, one in the ER break room, and one in the OR break room for use by the Union. The location and size of bulletin boards shall remain the same. For new areas the location and size of the bulletin boards must be mutually agreed upon by the Union and the Hospital, utilizing the Labor Management Committee.
SECTION E. The Union bulletin board notices shall be confined to internal Union business, including notices, announcements, and Union correspondence and Union newsletters. The material posted on these bulletin boards will not include any partisan or political information; nor will personal criticism of any person be allowed. The Union and the Director of Human Resources or his/her designee may remove any materials that do not comply with Section E of this article. The Union presidents shall be notified before any material is removed from the bulletin boards. Union Officers/Delegates shall be allowed to utilize Meditech to announce union meetings only.
SECTION F. Solicitation and Distribution. Employees are prohibited from conducting any Union business, with the exception of grievance meetings as outlined in Section B of this article, during their regular work hours or the work hours of the employee with whom the business is being conducted. Employees are prohibited from conducting Union business in patient care areas (i.e. patient rooms, operating rooms, and places where patients receive treatment such as x-ray rooms, and therapy areas.)
SECTION G. Human Resources will provide a copy of the bargaining unit including FTE, pay, unit, and classification.
Article 10
STRIKES, STOPPAGES, AND LOCKOUTS
The Hospital agrees that so long as this agreement is in effect there shall be no lockouts. Closing down or curtailing any operations for legitimate business or economic reasons shall not be construed as a lockout.
The Union, its officers, agents, representatives, members, and employees covered by this agreement agree that so long as this agreement is in effect they shall not in any way directly or indirectly authorize, assist, encourage, participate in, or sanction any strike, sit-down, cessations, stoppage, or interruption of work, picket line observance (including a picket line established by employees of another employer, whether or not such employees are represented by the Union or an affiliate of the Union), picketing, patrolling, boycott, or other interference with the operations of the Hospital or ratify, condone or lend support to any such activities conducted away from the Hospital premises which are directed at other employers regarding issues not related to the Hospital business.
Article 11
PERSONNEL FILES
Any employee covered by this Agreement, at the convenience of the employee and the Director of Human Resources or his/her designated representative, may examine any and all personnel records or files relating to her Hospital employment history. Such examination must take place during the regular office hours of the Human Resources Department (weekdays 8:00 am - 5:00 pm) and on the employee's off time.
The Director of Human Resources and his/her designated representative will provide photocopies of the employee's personnel file upon written request by the Hospital employee. Former and subsequent employer reference responses will not be supplied as noted above. The employee shall be provided with five (5) free copies per year, and will be charged the standard rate for any additional copies. Copies will be furnished within twenty-four (24) hours as time allows by the Director of Human Resources or his/her designee.
The Director of Human Resources or his/her designated representative will not release any information contained in the personnel records or files to a third party concerning any employee without prior written authorization from such employee unless required by law or in response from a subpoena. Employee will be notified immediately when any information from their personal file is about to be released.
Article 12
CLASSIFICATION OF EMPLOYEES
REGULAR FULL-TIME Is normally scheduled to work eighty (80) hours or at least sixty-four (64) hours per two (2) week pay period. It is understood, however, that no guarantee of eighty (80) hours biweekly is made or implied. Employees recognize that scheduled hours of work are a result of expected workload. Regular full-time employees shall fulfill the requirements of their department in relation to FTE, schedules, days off, holidays, weekends, etc.
REGULAR PART-TIME Is normally scheduled to work at least thirty-two (32) hours per two (2) week period. Employees recognize that scheduled hours of work are a result of expected workload. Regular part-time employee shall fulfill the requirements of their department in relation to FTE, schedules, days off, holidays, weekends, etc. Regular part-time employees shall be eligible to receive benefits on a pro-rated basis unless stated otherwise in this Agreement.
TEMPORARY EMPLOYEE Is scheduled either full-time or part-time for a specific period of time, normally not to exceed ninety (90) days, or for the duration of a specific project or assignment.
PER DIEM EMPLOYEE Is not regularly scheduled and is not guaranteed hours but is available to provide coverage for those shifts which require additional employees because of shortage of existing regular staff.
1. Per diem employees may be scheduled if a need for per diem coverage is identified in advance
and the per diem employee agrees to work the scheduled shift. Per diem employees may be
required to work a minimum of two nights or one weekend per month and one holiday per year.
2. Per diem employees shall not be entitled to any fringe benefits, raises, or compensation set forth in
this Agreement except applicable differentials and overtime pay.
3. Per diem employees shall not accrue seniority. Should a regular employee find it necessary to work
per diem, she shall have her seniority bridged upon returning to regular status provided she returns
to full time or part time status.
4. The hourly rate for a Per diem employee is base rate plus 3% experience credit up to thirteen (13)
years for licensed and certified job titles, ten (10) years for clinical non-licensed job titles, five (5)
years for clerical job titles, and three (3) years for all other job titles credited up to the maximum
of 9%, 15%, 30%, and 39% respectively plus 17.5%.
5. Per Diem employees must cash in all existing PLT, subject to Administrative approval, when
converting to PD status (to be paid at rate prior to PD conversion). Major Medical, will be forfeited
if change to per diem status was at employee's request. Employees who are involuntarily changed
to per diem shall be allowed to bank their Major Medical should they return to regular status.
6. Per diems may change from PD status to regular employees by reverse wage adjustment to the
wage rate they would have been receiving had they not converted to per diem. The decision to
convert to and convert from a PD status will be at the option of the employee with administrative
approval.
7. Per diem employees will be given on-call/low census days first unless a per diem employee accepts
a temporary position when the per diem employee would share the on-call/low census with regular
employees on an equally rotated basis.
8. Per diem employees must have at least one (1) year current experience in the position hired for in
order to qualify for per diem status, unless otherwise approved by the Department Manager.
9. Per diem employees who have been contacted and have chosen not to work, or have not fulfilled
the requirements for a period of three consecutive months will be contacted regarding a decision
concerning continued employment.
MINIMUM BENEFIT EMPLOYEES, hereinafter referred to as MBE's will accrue and maintain seniority in the same manner as a regular employee.
1. MBEs will receive annual raises as regular employees.
2. MBEs will be assigned an FTE and be regularly scheduled.
3. MBEs may change from MBE status to a regular employee by dividing the employee's wage at the
time of the request by 100% plus the additional percentage paid (11, 13.25, 15.75) for being an
MBE. An employee may request to convert to and from MBE status with administrative approval.
4. MBEs will not earn PLT, health insurance or MM leave.
5. MBEs shall be paid an hourly rate based on the following:
a. The MBEs wage rate will be adjusted to years of experience (as per Article 19, Section B) to
determine the appropriate wage, plus an additional amount as outlined in B below.
b. The additional amount paid to MBEs shall be determined by their length of service (life hours)
at Holy Cross.
0 hours to 9,984 hours = 11 %
9,985 hours to 19,969 hours = 13.25%
19,970 hours or more = 15.75%
c. A regular employee converting to MBE status will remain at their current wage plus the
additional percentage outlined in B above based on length of service at Holy Cross.
6. MBE employees are not entitled to any fringe benefits or compensation except all applicable
differentials, premium pay, overtime pay and participation in the pension plan.
7. MBEs must cash in all existing PLT, subject to Management approval, based on financial
position of the hospital when converting to MBE STATUS (to be paid at the rate prior to MBE
conversion). If an employee is forced to change to MBE, Major Medical Benefits will be banked
and returned to the employee if they choose to convert back to regular employee status. Major
Medical benefits will be forfeited if change to MBE status was at employee's request.
Article 13
PERFORMANCE APPRAISALS
SECTION A. Each employee's performance shall be appraised in writing by the department head at the end of ninety (90) days of employment, and thereafter, at least annually. The performance appraisal shall be based on requirements stated in the job description for the position.
SECTION B. Each employee shall be required to sign and date the performance appraisal. Signing of this document does not indicate agreement with its content. Employees shall be informed by their Department Manager that they may submit a written rebuttal within seven (7) days for inclusion in their personnel file with the performance appraisal. Failure to submit a timely rebuttal will forfeit the employees right to submit a rebuttal.
SECTION C. All parts of the performance appraisal, including rebuttal, are to be made in duplicate. One copy shall be given to the employee being appraised, the other shall be filed in the employee's personnel records.
SECTION D. An employee receiving an unsatisfactory appraisal shall be given up to ninety (90) days to improve. After that period, another performance appraisal shall be prepared and presented to the employee. If failure to correct the deficiencies noted in the unsatisfactory performance appraisal is documented by the Department Manager, the employee may be subject to progressive disciplinary action up to and including discharge.
SECTION E. If an employee receives a performance appraisal that she/he feels is unsatisfactory; in addition to rebuttal, the employee may use the grievance procedure.
Article 14
SENIORITY
The Hospital Management shall maintain two seniority lists (bargaining unit seniority and department seniority). Updated seniority lists will be furnished to the Union with notice of reduction in force or reduction in hours.
Bargaining unit seniority is defined as the length of time an employee has been employed in either or both bargaining units from the original or adjusted date of hire.
Department seniority shall be defined as the length of time an employee has worked continuously in a specific department from the original or adjusted date of hire.
An employee's seniority shall commence after the completion of the probationary period and shall be retroactive to the date of hire.
Employees shall continue to accrue seniority while on paid leave.
Employees on an authorized unpaid leave of absence will stop accruing seniority for the length of the unpaid LOA. Seniority will be bridged upon returning to work.
Department seniority shall prevail in shift preference and job openings within a department where competency performance and skill are judged equal by management.
Reduction in force (RIF) employees will bridge seniority for up to one year, or the length of their accrued seniority at the time of the RIF, whichever is less.
Per Diem employee's shall not accrue seniority.
A regular employee who changes to per diem status shall have her seniority bridged upon return to regular status.
Minimum Benefit Employees (MBE) shall accrue and maintain seniority in the same manner as regular employees.
Bargaining unit and department seniority shall prevail in reduction in force or hours, recalls, and determination of eligibility for all benefits where length of service is a factor.
Loss of seniority shall occur for the following reasons:
1. Voluntary termination.
2. Dismissal for involuntary termination.
3. Exceeding an official leave of absence, as provided in the Agreement.
4. The employee fails to accept an offer of recall from layoff within forty-eight (48) hours of receipt of
such offer. Management shall send notice to the employee to return to work by certified/return
receipt requested mail, or telegram to the last address furnished to the Hospital by the employee.
It shall be the employee's responsibility to provide Management with an up-to-date address. Unless
Management receives the response to the notice to return to work within seven (7) working days
(M-F) of the mailing or telegram, the employee shall be deemed to have rejected the offer; or
5. Fails to return to work within fourteen (14) days of having accepted Management's offer to return to
work.
6. Is laid off for a period of one (1) year or a period exceeding the length of the employee's
accumulated seniority, whichever is less.
In cases where the hospital employee is injured on the job or given an approved LOA by Management, an employee's accrued seniority and earned benefits shall not be lost, and seniority shall continue to accrue for a period of one year or the length of the employee's accumulated seniority, whichever is less.
Employee who upgrade qualifications (i.e. LPN to GN) shall have preference over new hires for opening in their respective department. Such an employee should be credited with their entire continuous department service for purposes of seniority. Employees changing their job classification while remaining in the same department shall not lose department seniority.
Article 15
PROBATIONARY PERIOD
SECTION A. The first ninety (90) days of any employee's tenure shall be considered probationary. Each newly hired employee shall be evaluated by Management at the end of the ninety (90) day probationary period.
SECTION B. The probationary period may be extended, at the discretion of Management, an additional ninety (90) days provided that a professional growth plan is developed with the employee.
SECTION C. Probationary employees may be terminated without notice during the probationary period for any reason, with or without cause. Such termination may not be reviewed or challenged through the grievance procedure. There is no obligation for severance pay by the Hospital or a requirement for two weeks notice by either the probationary employee or the Hospital.
SECTION D. Former employees who are rehired are subject to the probationary period.
SECTION E. Probationary employees shall accrue and earn benefits only in accordance with the terms of the specific benefit plan.
Article 16
STAFFING
SECTION A. Hospital Management has an obligation to insure that the staffing resources within each department are sufficient to render patient care and carry out ongoing organizational operations safely, effectively, and efficiently.
It is agreed that optimum patient care and efficient use of resources is the ultimate goal of the management and employees of Holy Cross Hospital. In order to provide safe, effective patient care, it is agreed that by August 31st, 2005 each department will form a unit council composed of three union members and three management members directly involved with the specific departments.
SECTION B. If a temporary short term need for scheduled coverage is identified in advance and an employee agrees to work the scheduled shifts, the employee will be scheduled.
Once a long term shortage is identified by Management, generally sixteen (16) weeks or more, such shortage will be dealt with by:
1. Allowing regular staff to increase their FTE, or
2. Posting the positions, or
3. Hiring new employees
SECTION C. If Hospital Management identifies a need to fill shifts, those shifts will be posted for a five (5) day period so that qualified Holy Cross Hospital employees can sign up for those shifts prior to the hospital seeking agency coverage. Should more than one employee sign up for the same shift(s), the shift(s) will be assigned based on department seniority with preference given to non per diem employees. Compensation for covering a shift shall be paid with all applicable differentials plus incentive pay at the rate of point five (0.5) hours per every hour worked. If an employee who volunteers for such shift(s) is unable to work the scheduled shifts during the pay period, the incentive pay compensation shall be void.
SECTION D. In situations where all staffing resources have been exhausted, the House Supervisor/Department Manager may offer double time bonus pay to employees who agree to work an extra shift on short notice with approval of the Administrator on call.
In the event that staffing is not adequate to provide safe and effective care, the House Supervisor/Shift Manager will implement the contingency plan. Any proposed changes in the contingency plan will be addressed at labor management.
SECTION E. Designated administrative and/or management support shall be available for consultation with the staff in emergency or crisis situations.
SECTION F. In departments where employees are required to work on holidays or weekends, efforts will be made to rotate such work equitably among all employees. This provision may be waived in writing by the affected employee.
Article 17
REDUCTION IN FORCE/REDUCTION IN HOURS
SECTION A. A reduction in force (RIF) is defined as a separation from the Hospital not reflecting discredit on the employee. An RIH is defined as a decrease in FTE. Unless otherwise agreed by the parties in writing, any temporary reduction in hours beyond a twelve week (12) period shall be accomplished by a reduction in force, unless to do so would impair the minimum adequate staffing of the department or unit. Hospital Management may also impose a permanent reduction in hours. If a permanent reduction in hours is implemented, the employee's FTE shall be changed.
SECTION B. The Union and the employee shall be given notice of a pending RIF at least fifteen (15) days before the effective date. Severance pay may be given to the employee in lieu of notice to the employee and Union.
SECTION C. A RIF will be made by job title and department by reverse order of bargaining unit seniority. All RIH will be made by job title and department or unit by reverse order of bargaining unit seniority. In order to be retained in an RIF the senior employee must be qualified to perform the duties of specific positions which become vacant as a result of the RIF. Employees who have the least bargaining unit seniority in the department shall, seniority permitting, be returned to the previous department worked.
Temporary and probationary employees in the affected job titles shall be laid off first. Regular full-time and regular part-time employees shall be considered in a single group for purposes of RIF/RIH provisions of Section D. Regular employees who are RIFs shall have the right to replace per diems in the same job title.
SECTION D. If a regular part-time employee has greater bargaining unit seniority than a regular full-time employee in the same job title who is to be laid off, the part-time employee must be willing to accept full-time employment to continue working.
SECTION E. Should an employee be terminated from the vacancy as a probationary employee, he/she will be considered as having been laid off from the original position.
SECTION F. Employees who have been displaced due to any RIF/RIH shall have the right to bump the employee with the least bargaining unit seniority in the same job title. The bumping employee must be qualified for the job and must be capable of performing the requirements of the position at a competent level.
SECTION G. Recall from RIF will be made by job title and department or unit in accordance with bargaining unit seniority in reverse order of RIF. Employees shall maintain right of recall for a period equal to their accumulated seniority or one year, whichever is less. During a period of time when employees are in RIF status, the Hospital Management will not hire into a specific position when there are RIF employees who are qualified, unless the employees have been offered and refused the available work.
Restoration of hours resulting from a RIF will be made by job title and department in accordance with bargaining unit seniority in reverse order of the RIF.
SECTION H. A regular part-time employee shall have recall rights to a regular full-time position only if she is willing to work the required full-time scheduled hours.
SECTION I. RIH employees will be responsible for making themselves aware of hours available (through postings) and informing the Human Resources Department of their desire to apply for those hours.
Article 18
ORIENTATION
SECTION A. General hospital orientation will be provided to all hospital employees. All employees, including students, will commence departmental orientation upon employment and/or training. All preceptors will be training no more than one (1) orientee on any shift.
Agency/Travelers shall receive orientation from management or the education department.
A representative of the union will be permitted to attend new employee orientation and will be allowed to make a fifteen (15) minute presentation and distribute a union information packet.
SECTION B. Orientation to new areas, job titles, or specialties will be sufficient to assure effective performance, based upon objective criteria developed from their job description by Management. Prior to the start of orientation, a written copy of an orientation checklist and job description will be reviewed and presented to the employee. If an employee does not feel she/he have been sufficiently trained in any area in the orientation checklist, then the employee or the preceptor will not be required to sign off in that area, but it is understood that this does not automatically extend the employee's orientation. Orientation is provided for a minimum of the first two weeks unless the employee signs an orientation checklist prior to the end of the two weeks and it is approved by Management. Employees will complete and sign an orientation checklist which will be placed in the employee's personnel file.
SECTION C. Prior to completion of any orientation period set forth in this section, or program developed hereunder, employees covered by this Agreement shall not be left unsupervised while on duty.
SECTION D. Should an employee covered by this Agreement develop needed competence in working in an area and demonstrate the required competency before expiration of any orientation period, the employee and Management may jointly waive the orientation and the supervision requirement of this section.
Article 19
SALARY
SECTION A. Every job title shall be allocated an entry and a maximum salary as appropriate.
Effective June 1, 2005 all new employees will be required to have direct deposit of their pay checks to a banking institution of their choice.
Employees may not receive a pay raise which establishes their salary higher than the maximum salary for their position as per Appendix A except as outlined in Sec D-1.
Should the Hospital determine that due to market conditions and the need to recruit qualified staff it is necessary to increase the entry rate for a particular job title (as shown in Appendix A) or for a particular shift(s) within such job title(s), it may do so, provided the Hospital serves written notice to the Union and offers to meet and negotiate concerning its proposal. If, at the end of fourteen (14) days following notification to the Union the parties have not been able to agree upon wage rates, the Hospital may implement its proposal. Any such increases shall be granted to all employees in the affected job title(s) (as shown in Appendix A), or in the affected shift(s) within such job title.
In the event that bargaining unit employees are assigned to newly created or newly added bargaining unit job titles during the term of this Agreement, the salary range for such job titles shall be negotiated by the Union and the Hospital.
When employees work in a higher paid job title they shall be paid only for all actual time worked at the higher paid job title.
SECTION B. Experience Credit. Employees will be credited for their experience up to thirteen (13) years for licensed and certified job titles, ten (10) years for clinical non-licensed job titles, five (5) years for clerical job titles, and three (3) years for all other job titles. The starting wage will be calculated as the entry rate plus 3% for each year credited up to the maximum of 9%, 15%, 30% and 39% respectively not to exceed the maximum base rate established in Appendix A. The Hospital and the Union agree that the intent of this section is that no new employee shall be hired at a salary higher than any current employee in the same job title with equal experience and certifications (excludes Per Diem and MBE). Each employee is responsible for providing proof of experience which may be verified by the Director of Human Resources & Labor Relations prior to credit being granted. Experience must be pertinent to the position for employment. The Hospital shall inform the employee of credit assigned for such prior work experience and shall include her salary and increment level. The employee shall be informed prior to commencement of employment.
SECTION C. Should an employee complete an educational program which results in an appointment to another directly related job title within a department, her starting wage will be calculated as the entry rate of the new job title plus 1.5% for each year of experience in the prior related job title up to the maximum base rate as outlined in Appendix A. Adjustments will be effective the first full pay period following receipt by the Human Resources Department of written notice of the basis for such adjustment.
SECTION D. Salary Adjustments
- All regular and MBE employees (excludes per diem) will receive a four percent (4%) increase on their base hourly wage not to exceed the maximum, effective the first full pay period after June 1, 2005.
- Any employee below the new base in Appendix A, as adjusted for experience credit as outlined in Section B above, will be adjusted up to the new base plus appropriate experience credit adjustments outlined in Section B above; or receive a four percent (4%) increase in their hourly rate, whichever is greater.
- Effective the first full pay period after June 1, 2006 all regular and MBE employees (excluding per diem) will receive a four percent (4%) increase.
- Employees who are near or at the maximum will receive a pay increase to the maximum and balance of the pay increase shall be paid as a bonus for each year of the contract not to exceed a four percent (4%) increase.
- Wage re-openers will be scheduled for contract year 2007.
Article 20
POSTING/TRANSFERS
SECTION A. If a bargaining unit position is or will be open, Management shall post a notice on the bulletin boards and the Meditech Bulletin Board for a period of not less than seven (7) days. The notice shall include a description of the position including the department, shift, number of hours, and necessary qualifications to fill the position.
SECTION B. Where vacancies occur within the hospital, the vacancy shall be filled first by the applicant with the greatest department seniority where competency, performance, and skill for the specific position posted are equal. If there are no qualified applicants from within the department, the vacancy shall be filled by the applicant with the greatest bargaining unit seniority where competency, performance, and skill for the position posted are equal.
All employees who apply in writing for a position for which they meet the qualifications as outlined in the job description will receive an interview and written notification of their acceptance or nonacceptance of the position. If the employee is not accepted for the position, a conference with the Department Manager may be requested to outline necessary steps for the employee to meet standards of future positions.
SECTION C. An employee shall be considered for a transfer after she/he has worked in her/his present position for a period of one year unless otherwise approved by both department managers. An employee who is promoted shall be given a 3% raise or be paid the base rate of the new title, whichever is greater. If an employee is transferred involuntarily, the employee shall receive the rate of pay applicable to the job title based on bargaining unit seniority. If the job is eliminated within ninety (90) days after transfer, the employee has the right to bump the least senior employee in her previous job title. An employee choosing to exercise her right to bump the least senior employee must do so within three (3) days of receiving notice that her job is eliminated. If an employee voluntarily transfers to a lower paid job title, the employee will be placed at the appropriate wage for that job title based on bargaining unit seniority.
Article 21
PAY BENEFITS
SECTION A. Holiday Pay. The Hospital recognizes the following national holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas.
Memorial Day, Independence Day, Labor Day, and Thanksgiving shall be observed from 11:00 pm on the preceding night and ends after 11:00 pm on the Holiday.
Christmas Day shall be observed from 3:00 pm on Christmas Eve and end at 11:00 pm on Christmas Day.
New Year's Holiday pay will begin at 3:00 pm on New Year's Eve and end at 11:00 pm on New Year's Day.
Because it is necessary to staff the Hospital around the clock every day of the year, it may be necessary for an employee to work a holiday. All employees who are scheduled to work on a holiday shall receive double pay equal to two times their normal rate of pay for all hours worked. On a holiday pay period, if the employee works greater than forty (40) hours, she will be paid for all overtime worked as well as the holiday pay. On call pay will be at least 1-1/2 times the normal call pay rate.
In departments where employees are required to work on holidays or weekends, efforts will be made to rotate such work equitably among all employees.
SECTION B. Shift Differential
Definitions:
Day Shift : Any shift beginning at or after 0700 and ending before 1530.
Evening Shift : Any shift beginning at or after 1500 and ending before 2330.
Night Shift : Any shift beginning at or after 2300 and ending before 0730.
Evening shift differential will be paid at $1.00 per hour.
Night shift differential will be paid at $2.50 per hour.
Employees who work regular eight (8) hours shifts including hours in two shifts, will be paid at the differential in which the bulk of the hours fall. Employees who work extended shifts which include four (4) or more hours for which a shift differential applies will be paid the applicable differential for hours in each shift. For employees who work an extended shift, two (2) consecutive eight (8) hours shifts the applicable differential for each shift will be paid.
SECTION C. Weekend Differential Pay. Employees working weekends will receive a differential for every hour worked in addition to all other applicable differentials. This provision may be waived, in writing, by the affected employee. For all employees working twelve (12) hour shifts a weekend is defined as Friday 1900 (7:00 pm) through Sunday 1900 (7:00 pm). Weekend differential is paid at two dollars ($2.00) per hour.
SECTION D. On Call Pay - Employees will receive additional compensation of two dollars and fifty cents ($2.50) per hour for each hour on-call. On Call Pay does not apply during hours worked. If an employee is called back to work during any on-call period, the rate of pay will be at the shift differential worked, and be paid at one and one half the employee's base hourly rate. A minimum of two hours at time and one half the straight time rate will be paid if called back to work. On-Call employees shall be available to the Hospital within thirty (30) minutes of being called.
SECTION E. Premium Pay - If an employee agrees to work with less than twelve (12) hours of notice, she shall receive a quarter hour (1/4) of pay per each full hour worked up to two (2) hours maximum, in addition to the other pay to which she is entitled.
SECTION F. Charge Shift Differential - Registered staff nurses required to work as Charge Nurses shall receive one dollar and fifty cents ($1.50) per hour for day shift, two dollars ($2.00) per hour for evening shift, and three dollars ($3.00) per hour for night shift.
Nurses working as House Supervisor shall receive three dollars ($3.00) per hour for day shift, three dollars and fifty cents ($3.50) per hour for evening shift, and four dollars and fifty cents ($4.50) per hour for night shifts.
Only registered nurses in the bargaining unit may be designated to perform charge nurse duty; provided, however, this provision may not be interpreted as a restriction or limitation on the right of management to perform the charge nurse function through managers and supervisors when management deems it unnecessary to designate a registered nurse to perform charge nurse duty or as a limitation on the performance of charge nurse duties or responsibility by managers or supervisors.
SECTION G. Overtime - Overtime shall be paid for hours worked in excess of eight (8) hours on an eight (8) hour shift, for hours in excess of regularly scheduled hours on all shifts in excess of eight (8) hours and for all hours worked in excess of forty (40) hours a work week. The overtime rate shall be calculated at time and one-half (1-1/2) the regular straight time rate of pay, including any shift differential applicable to the overtime hours worked.
Hours paid for but not worked shall not be considered in computing overtime. Unless otherwise expressly provided in this Agreement, overtime, and bonus page shall not be pyramided, compounded, or paid twice for the same hours worked. Overtime will only be worked if authorized by a supervisor, manager, or their designee.
Required meetings shall be considered hours worked for overtime purposes.
Overtime must be approved by the Department Manager or her designee. If an employee works during her meal break because of workload, she must have written approval from the Department Manager.
Overtime shall be offered to employees by seniority on a rotating basis.
SECTION H. Weekend Work - Time and one-half (1-1/2) is paid if an employee is required to work more than two (2) consecutive weekends, unless the employee has been specifically hired to work weekends or has requested the scheduled weekends in writing. On the third (3rd) consecutive weekend and on each weekend thereafter, time and one-half (1-1/2) will be paid for all weekend hours worked until she/he receives a weekend off. At times, employees may be unintentionally scheduled for more than two (2) consecutive weekends; if an employee is so scheduled, she must notify the department manager at least seventy two (72) hours prior to the third consecutive weekend so that rescheduling may be attempted.
Every effort will be made by the hospital to schedule employees off every other weekend.
SECTION I. Two (2) Hour Minimum Pay - Employees who report to work and are given a low census day or on-call will be paid two (2) hours of the employee's base wage. To be eligible for this payment employees shall be available for communication with the hospital for the period of time commencing two (2) hours prior to the start of the shift and ending thirty (30) minutes prior to the start of the shift. Two (2) attempts to contact the employee at home or other phone number constitutes notification.
SECTION J. Preceptor Differential - All employees orienting students or employees new to the Hospital or employees transferred to a new job classification, department or job title shall receive a fifty cent ($.50) hour differential while they serve as preceptors.
SECTION K. Certification Differential - Employees who are not eligible for the CAP, and are currently certified with ACLS, PALS, AWHONN-NCC, CCRN, CNOR, TNCC, Neonatal Res., LPN, IV, Mammo, CT, MRI, or Phlebotomist or other certifications approved by the Hospital will receive a twenty five ($.25) per hour differential to a maximum of one dollar ($1.00) per hour.
SECTION L. CAP Program - The current CAP Program shall remain in place. Salary adjustments awarded based on the clinical advancement program will be added to the employee's hourly wage without regard to the maximums as outlined in Appendix A.
SECTION M. Specialty Differential - A specialty differential of one dollar ($1.00) per hour will be paid to all RN's and LPN's working the day or evening shifts in the ICU, OB, ER and OR departments.
A specialty differential of fifty cents ($0.50) per hour will be paid to all Scrub Techs, Tech IIs, Tech IIIs and OB Techs working the day shift and evening shift in ICU, OB, ER and OR departments.
A specialty differential of two dollars ($2.00) per hour will be paid to all RN's and LPN's working the night shift in ICU, OB, ER and OR departments.
A specialty differential of one dollar ($1.00) per hour will be paid to all Scrub Techs, Tech IIs, Tech IIIs and OB Techs working the night shift in ICU, OB, ER and OR departments.
SECTION N. Floating Differential - Employee floated to another area will receive their current pay plus current differential
Article 22
INSURANCE
SECTION A. Health Insurance - The Hospital agrees to maintain for the life of this agreement its current group health program or one that is substantially equivalent provided the hospital can find a re-insurer at a reasonable fee at the same contribution levels as the one currently in effect. The Hospital reserves the right to change administrators of the health care program, life/disability and dental insurance plans, or to purchase coverage from another carrier.
Premiums - Full-time employees shall contribute 20% for single & 25% for family coverage, part-time employees shall contribute 36% for a single plan and 51% for a family plan. Should the premium increase more than 10% for each year of the contract the increase over 10% shall not be passed on to the employee. The plan will be immediately reviewed by labor/management to determine if an employee plus one benefit would be beneficial.
SECTION B. Life Insurance/Death & Dismemberment - The Hospital provides and pays for a group life insurance, dependent life insurance, and death and dismemberment insurance. The Hospital agrees to provide for the life of this Agreement the same or comparable employee and dependent life/death and dismemberment insurance policy currently being provided to HCH for all employees scheduled to work 32 hours or more a week. These insurances become effective on the first day of the month following sixty (60) days of employment.
SECTION C. Long Term Disability - The Hospital provides and pays for a long-term disability insurance for all employees scheduled to work thirty two (32) hours or more a week.
SECTION D. Dental Insurance - All eligible employees may participate in the hospital's group dental insurance program by paying the full premium required. Dental insurance premiums are paid for by the employee through payroll deductions. This deduction is made biweekly.
Workers Compensation Insurance - To the extent required by law all employees are covered by worker's compensation for illness caused by and in the course of employment or for injuries sustained while on duty. The employee does not contribute out of wages for this coverage.
All work-related illnesses, accidents or injuries which occur while on duty, even though slight, must be reported within forty-eight (48) hours to the Department Manager or House Supervisor. The employee and Department Manager or designee must prepare a report of incident. Incident reports should be filed within forty-eight (48) hours of the incident. If it is determined by the Administrator and Physician that illness or injury is a "line-of-duty" incident, copies of the report of injury are forwarded to the insurance company by Administration to determine eligibility for worker's compensation.
To determine the exact amount of the employee's benefit, the employee should contact the Director of Human Resources. Eligible employees may elect to use accrued benefit hours to supplement their worker's compensation benefit payments up to, but not to exceed, 100% of average weekly earnings.
SECTION E. Professional Liability Insurance - For the life of this agreement the Hospital shall maintain its current or equivalent insurance coverage for professional liability of individual Hospital employees, while acting within the scope of their duties.
SECTION F. Employee Discount - Uninsured employees will be given a 50% discount if the account is paid within seventy-five (75) days.
SECTION G. Vision Coverage - All eligible employees may participate in the hospital's group vision coverage insurance program by paying the full premium required. Vision insurance premiums are paid for by the employee through payroll deductions. This deduction is made by-weekly.
SECTION H. 125 Plan. The hospital will make available to all employees who wish to participate in flexible spending accounts. Employees who voluntarily participate in the plan shall contribute one dollar and seventy five cents ($1.75) per pay period for the administration of the plan.
Article 23
PERSONAL LEAVE TIME
SECTION A. Personal Leave Time (PLT) is provided by the Hospital to give employees the opportunity to rest and relax away from the work environment. PLT is also used to enjoy holidays off as scheduling permits and to pay time off for illness of the employee or the employee's immediate family.
Request for a vacation period (use of more than three (3) consecutive days of PLT) must be submitted in writing to the Department Manager thirty (30) days in advance so that each department's schedule of staffing needs may be adequately met. Department Managers will respond to employee's requests as soon as possible, but at a minimum of four (4) weeks before scheduled time off. Once scheduled, such vacation period shall be changed only in extreme emergency situations relating to patient care.
PLT requests will be honored by date of receipt. Where two (2) requests are received on the same date, seniority will prevail.
PLT is earned by regular employees based on actual hours worked. The rate is based on the length of service (life hours).
Errors in calculation or accumulation of PLT must be reported to Administration. The Hospital will not correct any errors reported more than six months after they occur.
SECTION B. Utilization Requirement - Each year the employee must utilize at least half (1/2) of the PLT earned that calendar year. Employees will not lose their PLT three hundred and fifty (excess of 350 hours) if they make a timely request for PLT but the Hospital is unable to accommodate the request. Employees will be permitted to take at least two (2) consecutive weeks of PLT each year with Department Manager approval. PLT requests must be approved in advance by the employee's Department Manager or appropriate management staff member.
PLT may be used to compensate for a reduction in hours.
PLT may not be used to increase hours of pay beyond the employee's percentage of appointment (authorized hours) excluding overtime. PLT will be used to supplement an employee's hours up to the employee's FTE or for any missed shifts. If an employee works any part of their shift, they are not required to use any PLT for that shift. Employees may elect not to use PLT for Low Census days.
To be eligible for payment, PLT hours must be recorded on the employee's time card/time sheet. It is the employee's responsibility to record PLT hours requested on the time card/time sheet.
PLT will be paid at the employee's regular straight-time rate of pay. Regular rate of pay excludes premium pay and differential pay, etc. for all purposes in the Agreement.
While an employee will accrue PLT during the first six (6) months of employment, she has not earned the PLT until after the first six months of employment and may not take PLT during this time.
The maximum amount of PLT which can be earned is based on a 1.0 FTE (2080 hours). When the maximum (350 hours or 43.75 days) is reached in any one (1) calendar year, no further PLT is earned.
The maximum amount of PLT that can be banked is three hundred and fifty (350) hours or forty three point seventy five (43.75) days. PLT in excess of this amount will be put into Major Medical. If an employee cannot be scheduled off, this provision will be waived by the hospital.
An employee who has over two hundred (200) PLT hours earned may volunteer to transfer the PLT hours in excess of two hundred (200) hours to another regular full time or part time employee who has depleted his/her PLT/MM. PLT may be transferred in multiples of eight (8) hours. All transferred hours shall be paid at the receiving employee's current base hourly rate of pay.
SECTION C. Accrual/Regular employees accrue time as follows:
Life Hours | PLT Accrual | Hours Worked | PLT Accrued |
0 - 9,984 | 0.879 | 182.83 hours | 22.85 Days |
9,985 - 19,969 | .1149 | 239.08 hours | 29.87 Days |
19,970 - Over | .1392 | 289.63 hours | 35.20 Days |
Article 24
GRIEVANCE PROCEDURE
The grievance procedure provides an employee of Holy Cross Hospital with a defined method within the provisions of this labor agreement to bring a concern and/or dissatisfaction to the attention of progressive levels of all Management. The employee may discuss the concern or dissatisfaction with the immediate supervisor or manager with or without a Union representative or member of higher management present at this time. The employee will be treated with courtesy, respect, and interest. If the employee is not satisfied with the verbal answer from the supervisor, the employee may file a written formal grievance in Step 1 of the grievance procedure with the supervisor.
STEP 1 GRIEVANCE: The Union Representative will sign the STEP 1 GRIEVANCE FORM along with the employee and present it to the supervisor by hand no later than seven (7) working days after the above described discussion between the employee and the supervisor has taken place. The supervisor, employee, and the Union representative will discuss the merits of the grievance no later than seven (7) working days following receipt by the supervisor of the written grievance. The supervisor will formally answer and hand deliver the grievance in writing within seven (7) working days of his/her discussion with the employee and Union representative. The parties in this step of the grievance procedure will use the STEP 1 GRIEVANCE FORM, illustrated in the agreement.
STEP 2 GRIEVANCE: A STEP 1 grievance may be appealed to the Director of Human Resources & Labor Relations if the employee and the Union representative are not satisfied with the STEP 1 grievance written answer from the supervisor. The STEP 1 GRIEVANCE FORM and STEP 2 GRIEVANCE APPEAL FORM, appealing the grievance to the Director of Human Resources & Labor Relations must be hand delivered within seven (7) working days of receipt of the SUPERVISOR'S STEP 1 grievance written answer. The Director of Human Resources & Labor Relations will schedule a meeting to discuss the grievance with the employee and the Union representative within seven (7) working days of receipt of the STEP 2 GRIEVANCE APPEAL FORM. Should this discussion not produce a settlement of the grievance, the Director of Human Resources & Labor Relations will answer the STEP 2 GRIEVANCE APPEAL FORM in writing within seven (7) working days of the discussion. The parties in this step of the grievance procedure will use the STEP 2 GRIEVANCE APPEAL FORM, illustrated in this agreement.
Any grievance concerning suspension, termination, or a concern that invoices a number of employees may be initiated at STEP 2.
STEP 3 GRIEVANCE: A STEP 2 grievance may be appealed by the employee and the Union representative by hand delivery of the STEP 3 GRIEVANCE APPEAL FORM to the Chief Executive Officer if the Director of Human Resources & Labor Relations STEP 2 written answer does not settle the grievance within seven (7) working days of receipt of that answer. The Chief Executive Officer will schedule a discussion with the employee and the Union representative within seven (7) working days of receipt of the STEP 3 GRIEVANCE APPEAL FORM. If the grievance is not settled during the STEP 3 discussion, the Chief Executive Officer will have seven (7) working days to hand deliver a written STEP 3 answer to the employee and Union representative. Only the STEP 3 GRIEVANCE APPEAL FORM, illustrated in this agreement will be used by the parties in this step of the grievance procedure.
SECTION A. During grievance meetings discussing any issue both the Union and Management are limited to three (3) members from each side. The grievant will be at every step grievance meeting.
SECTION B. The Union will state the issue on the STEP 1 GRIEVANCE FORM. The article or articles of the labor agreement alleged to have been violated will be listed along with all sections and sub-sections. Each employee who is grieving will sign the STEP 1 GRIEVANCE FORM and print his/her name, job classification, and shift. If this procedure is not followed, the grievance will be void. The issue may not be changed in any manner after STEP 1, even if the grievance is arbitrated.
SECTION C. The relief sought by the employee will be clearly stated in STEP 1 and will not change in the subsequent steps of the grievance procedure including arbitration under penalty of the union withdrawing the grievance from the procedure. A violation of Section C will declare the original issue not arbitrative for the grievance involved.
SECTION D. The seven (7) working days limitation between each phase of the grievance procedure is a firm time constriction as stated. An extension of time limits will be made only in the event that a member of the parties involved in the procedure is not available due to illness, or out of town on vacation or business. The parties to this agreement intent to hold fast to the time structure in the grievance procedure. Timeliness is an important factor to the parties.
SECTION E. Grievances must be submitted using the forms the parties have agreed to and contained in this labor agreement.
SECTION F. If any grievance is not settled within the structure outlined in this article "Grievance Procedure", it may be submitted to arbitration according to the provisions of Article 24, section G.
SECTION G. Either party may appeal the STEP 3 grievance decision by management to mediation prior to the grievance being taken to arbitration. The intent of mediation is to attempt settlement of the grievance prior to arbitration.
1. Either party may request mediation assistance from the Phoenix office of the Federal Mediation and
Conciliation Service to hear the dispute (602) 640-4659. Mediation assistance may be requested
within ten (10) working days of the date of the STEP 3 grievance response. Mediation hearings
shall take place within fifteen (15) days following the date of the request for mediation. Mediations
are voluntary and are nonbinding on either party.
2. If the parties are not able to resolve the grievance, the grievance may be appealed to arbitration
within ten (10) working days after the date of the mediation hearing.
GRIEVANCE FORM
STEP 1
The employee and Union may begin the grievance procedure only after the employee has received an oral decision from his/her supervisor following their discussion about the subject matter to be grieved. The procedure is explained in the collective bargaining unit Agreement Article 24, Grievance Procedure.
1. Employee Name: (Print or Type):_________________________________________________
Employee Department _________________________________________________________
Supervisor's Name:____________________________________________________________
Employee Job Title: ___________________________________________________________
Date Employee - Supervisor ____________________________________________________
Discussion:__________________________________________________________________
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Date Employee Received Supervisor's Oral Decision ________________________________
2. SUBJECT MATTER OF GRIEVANCE (Issue will remain the same throughout the Steps of the grievance procedure and will not change for Arbitration). Questions relating to WHO, WHAT, WHY, HOW, WHEN, and WHERE must be answered by the Grievant for this grievance to be considered valid. Grievance will be returned to grievant for full disclosure before it will be considered by management and processed and answered. (Use backside for more space)
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3. LABOR AGREEMENT LANGUAGE (Specific Article, Section and sub-section must be detailed as alleged to have been violated). Explanation must be given as to how the Collective Bargaining Agreement language was violated. (Use backside for more space)
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4. REMEDY: Specifically detail the exact redress that is being requested by this grievance. (use backside for more space)
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Employee Signature : ___________________________________________________________
Union Representative: ___________________________________________________________
Date filed with Supervisor ________________________________________________________
GRIEVANCE FORM
STEP 1 - R
SUPERVISOR'S RESPONSE
This is the Supervisor's response in writing to the Employee's grievance. I held a discussion with the Employee concerning the subject matter, the ISSUE, of this grievance. The employee presented the written formal grievance within seven (7) working days of our discussion. I understand the WHO, WHAT, HOW, WHEN, and WHERE of the Employee's grievance. This answer is being written and delivered to the employee within seven (7) working days of receipt of his/her STEP 1 grievance discussion.
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Supervisor's Signature _________________________________________________________
Date Delivered to Employee ____________________________________________________
GRIEVANCE FORM
STEP 2 - APPEAL
The STEP 1 GRIEVANCE may be appealed to STEP 2 of the grievance procedure to the Director of Human Resources & Labor Relations if delivered to the Director of Human Resources & Labor Relations within seven (7) working days of receipt of the STEP 1 Supervisor's written answer on the STEP1-R response form. The STEP 2 APPEAL FORM must be accompanied by the STEP 1 GRIEVANCE FORM and the SUPERVISOR'S STEP 1-R RESPONSE FORM. The Director of Human Resources & Labor Relations will hold a discussion with the employee and the Union Representatives within seven (7) working days of receipt of the appeal form. The Director of Human Resources & Labor Relations will formally answer the grievance in writing within seven (7) working days of the discussion.
1. Employee Name: (Print or Type Name) _________________________________________
2. Subject Matter of Grievance (Issue): Explain the Union's position on the Supervisor's response as stated on his/her STEP 1-R response form.
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3. Remedy: Reiterate in specific detail the exact redress the employee(s) and the Union is seeking by this grievance.
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Employee Signature ____________________________________________________________
Union Representative ___________________________________________________________
Date filed with Director of Human Resources & Labor Relations _________________________
GRIEVANCE FORM
STEP 2-R
DIRECTOR OF HUMAN RESOURCES & LABOR RELATIONS RESPONSE
This is the Director of Human Resources & Labor Relations formal response in writing to the Employee's grievance. I held a discussion with the Employee and the Union representative concerning the subject matter, the ISSUE, of this grievance as written on the STEP 2 APPEAL FORM presented to me in a timely fashion according to Article 6 Grievance Procedure of this labor agreement. This answer is being written and delivered to the Employee within seven (7) working days of receipt of his/her STEP 1 grievance discussion.
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Director of Human Resources & Labor Relations Signature _____________________________
Employee/Union _______________________________________________________________
GRIEVANCE FORM
STEP 3 - APPEAL
The Director of Human Resources & Labor Relations written STEP 2-R response to the grievances may be appealed to the CHIEF EXECUTIVE OFFICER'S STEP 3 if delivered to the CEO within seven (7) working days of receipt of the STEP 2 Director of Human Resource's written response. The STEP 3 APPEAL FORM must be accompanied by the STEP 1 and STEP 2 GRIEVANCE FORMS and the Appeal and Response forms from both previous steps. The CEO will meet with the employee and the Union representative within seven (7) working days of receipt of the appeal form. The CEO will formally answer the grievance in writing within seven (7) working days of the discussion.
1. Employee Name (Print or Type Name)____________________________________________
2. Subject Matter of grievance (Issue): Explain the Union's position, the Human Resource's & Labor Relations response as stated on his/her STEP 2-R form.
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3. Remedy: Reiterate in specific detail the exact redress the employee and the Union is seeking by this grievance.
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Employee Signature _____________________________________________________________
Union Representative ____________________________________________________________
Date filed with Chief Executive Officer _______________________________________________
GRIEVANCE FORM
STEP 3-R
CHIEF EXECUTIVE OFFICER'S RESPONSE
This is the Chief Executive Officer's formal response in writing to the Employee's grievance. I held a discussion with the Employee and the Union representative concerning the subject matter, the ISSUE, of this grievance as written on the STEP 3 Appeal Form presented to me in a timely fashion according to Article 24 Grievance Procedure of this labor agreement. If this response does not satisfy the grievance, the employee and the Union may appeal to arbitration within seven (7) working days of receipt of this STEP 3 response. This answer is being written and delivered to the Employee or Union representative in a timely manner.
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If formal written notice of appeal to arbitration is not received by the CEO within seven (7) working days of the Union's receipt of this response, the grievance must be considered void. Timeliness is essential to the parties in processing grievances.
Chief Executive Officer Signature __________________________________________________
Date Delivered to Employee/Union ________________________________________________
GRIEVANCE PROCEDURE
The intent of this paper is to help the article in keeping track of the delivery of all grievances allowed in this agreement. The designee for the intended recipient of this grievance will be held accountable only for receiving the information and not for the response of the grievance procedure intended in this article.
Name of Delivering Party ________________________________________________________
Date of Delivery _______________________________________________________________
Time of Delivery _______________________________________________________________
Name of Receiving Party ________________________________________________________
Article 24-A
MANAGEMENT GRIEVANCE/ARBITRATION PROCEDURE
Should the Management of Holy Cross Hospital wish to file a complaint against the Union or its member or members for violation of the terms and/or conditions of this labor agreement the complaint must be brought before the Labor Management Committee for discussion. The complaint must state WHO, WHAT, HOW, WHEN, and WHY the conditions surrounding the circumstances of the complaint.
If the complaint discussed in the Labor Management Committee does not satisfy Management and/or settle the complaint, Management may submit the matter to the Federal Mediation and Conciliation Service for assistance in settling the issue.
If F.M.C.S. is unable to assist the parties in settlement, Management may submit the issue to final and binding arbitration. Selection of an arbitrator will be thru the offices of F.M.C.S services.
Article 25
ARBITRATION
Should the parties to this Labor Agreement fail to resolve their dispute as discussed in the grievance procedure of Article 24, the matter may be appealed to arbitration within seven (7) working days of the Union's receipt of the STEP 3 written formal answer from the Chief Executive Officer of the Hospital.
The parties agree to abide by the Labor Arbitration Rules of F.M.C.S.
Either party may initiate arbitration by giving written notice to the other of the intent to arbitrate. Such notice shall contain a statement setting forth the nature of the dispute, the remedy sought, and by filing at any regional office of the F.M.C.S. three copies of the notice, together with a copy of the collective bargaining Agreement, the Articles of the Agreement alleged violated, the Arbitration Article.
After the arbitrator is appointed, no new or different claim may be submitted except with the consent of the arbitrator and all other parties. The expenses of the arbitrator shall be borne equally by the parties.
The parties intend that the arbitrator's decision shall be final and binding on all issues and arguments. The arbitrator shall not be given the power to change Labor Agreement language or to interpret intent of the parties nor to add to or subtract from the language of the Agreement.
Article 26
EMPLOYEE DISCIPLINE
SECTION A. Non-probationary employees shall not be discharged, disciplined, or suspended except for just cause. Any disciplinary action taken can at the request of the employ |