Agreement
Private
FINAL
Agreement
between
Lawrence General Hospital
and
Massachusetts Nurses
Association
October 1, 2011 – October 7, 2013
TABLE OF CONTENTS
AGREEMENT 4
ARTICLE I 4
Section 1. Recognition 4
Section 2. Participation in Professional Association 4
Section 3. Check-off of Dues 5
Section 4. Service Fee 5
ARTICLE II 5
Section 1. Minimum Salaries 5
Section 2. Part-Time and Temporary Nurses 6
Section 3. Credit for Experience 6
Section 4. Shift Differential 7
Section 5. Educational Differential 7
Section 6. Weekend Differential 8
Section 7. On Call 8
Section 8. Charge Pay 9
Section 9. Payment of Wages 9
Section 10. Preceptor Differential 9
Section 11. RNFA Differential 10
ARTICLE III 10
Section 1. Hours of Work 10
Section 2. Overtime 10
Section 3. Schedules 12
Section 4. Exemption From Rotation 13
Section 5. Change in Nurses’ Schedule 14
Section 6. Low Work Load 14
ARTICLE IV 15
Section 1. Holidays 15
ARTICLE V 17
Section 1. Vacations, Full-Time Nurses 17
Section 2. Vacation, Part-Time Nurses 18
Section 3. Eligibility and Computation 18
Section 4. Scheduling 18
Section 5. Accrual of Vacation Benefits 20
ARTICLE VI 20
Section 1. Paid Sick Leave 20
Section 2. Medical Insurance 22
Section 3. Hospital Discount 22
Section 4. Accrual of Sick Leave Benefits 23
Section 5. Personal Days 23
Section 6. Continuation of Health Insurance Benefits 23
ARTICLE VII 24
Section 1. Leaves of Absence 24
Section 2. Miscellaneous 26
ARTICLE VIII 27
Section 1. Seniority 27
Section 2. Vacancies 27
Section 3. Loss of Seniority 27
Section 4. Reductions in Force 28
Section 5. Association Representatives 30
Section 6. Non-Discrimination 30
Section 7. Hospital Travel 30
Section 8. Jury Duty 31
Section 9. Discipline 31
Section 10. Professional Activities 32
Section 11. Tuition Reimbursement 32
Section 12. Resignations 33
Section 13. Labor/Management Committee 34
Section 14. Certifications 34
Section 15. Transfers 34
ARTICLE IX 35
Section 1. Death in the Immediate Family 35
Section 2. Liability Insurance 36
Section 3. Worker's Compensation 36
Section 4. Bulletin Boards 36
Section 5. Family and Medical Leave Act 36
ARTICLE X 37
Section 1. Dental Plan 37
Section 2. Long-Term Disability Plan 37
Section 3. Life Insurance 37
Section 4. Retirement Savings 37
ARTICLE XI 38
Section 1. Management Rights 38
ARTICLE XII 38
Section 1. Grievance Procedure 38
Section 2. 39
Section 3. 39
Section 4. 40
Section 5. 40
Section 6. 41
Section 7. 41
Section 8. 41
Section 9. 41
ARTICLE XIII 42
Section 1. Entire Agreement 42
ARTICLE XIV 43
Section 1. No Strikes--No Lockouts 43
ARTICLE XV 43
Section 1. Per Diem Nurses 43
Section 2. 43
Section 3. 44
Section 4. 44
Section 5. 44
Section 6. 45
Section 7. 45
Section 8. 45
Section 9. 45
Section 10. 46
Section 11. 46
ARTICLE XVI 47
HEALTH & SAFETY 47
Section 1. Workplace Violence 47
Section 2. Ergonomic/Musculoskeletal Injuries 47
ARTICLE 17 48
SUCCESSORSHIP 48
Section 1. 48
ARTICLE XVIII 49
Section 1. Duration and Renewal 49
Appendix A 50
Abpendix b 52
Side Letter #1 55
Side Letter #2 56
Side Letter #3 57
AGREEMENT
Agreement made and entered by and between the Lawrence General Hospital, hereinafter referred to as the "Hospital", and the Massachusetts Nurses Association, hereinafter referred to as the "Association".
ARTICLE I
Section 1. Recognition
The Hospital recognizes the Association as the sole and exclusive bargaining representative for all registered nurses, excluding the Vice President, Nursing/Patient Services, Director of Education, Administrative Supervisors, Directors, Coordinators and all other supervisors. Bargaining unit nurse duties will not include evaluation, discipline, hiring or firing of unit members. The Hospital agrees not to challenge the bargaining unit status of any bargaining unit nurse.
Section 2. Participation in Professional Association
The Association Chairperson, or designee, will be allowed twenty (20) minutes to inform new nurses, at the time of their orientation, of the Association's status within the Hospital; such time will be compensated if the nurse was otherwise scheduled to work. The Hospital will provide the Association in writing, with an alphabetical listing of members of the bargaining unit, their dates of hire and addresses, and the names of any nurses who have terminated in the preceding month, as well as the names of any nurses who have been hired in the preceding month, their current unit, and base hourly rate of pay. The Hospital recognizes the right of any nurse to become a member of the Association and will not discourage, discriminate, or, in any other way, interfere with the right of any nurse to become and remain a member of the Association. The Association agrees that it will not discriminate against any nurse for failure to join or remain a member of the Association.
Section 3. Check-off of Dues
The Hospital agrees to deduct the Annual Association Membership Dues on a weekly basis from the salary of the nurses and to remit same to the Association on the following basis: (1) Each individual nurse must sign and have on file with the Hospital Payroll Department a "Dues Check-off Authorization Card" in the form agreed to by the Parties; (2) Such deduction shall be made on the first Payroll period of the month following the filing of the authorization card; (3) The Hospital will remit to the Association the total sums so deducted together with a list of the names of the nurses from whom deductions were made no later than the end of the month in which the deductions were made; (4) The Association agrees to indemnify the Hospital against any award, judgment, loss or expense arising out of any claims made against it by any employee because of such deductions from her salary.
Section 4. Service Fee
No later than thirty (30) days after beginning employment with the Hospital, a registered nurse in the bargaining unit who is not a member of the Association shall, as a condition of employment, pay to the Association a service fee in such amount as the Association shall certify as proportionately commensurate with the cost of collective bargaining and contract administration. The Hospital agrees to deduct the fee on a weekly basis under the same terms and conditions as set forth in Section 3 above.
ARTICLE II
Table of Salaries
Section 1. Minimum Salaries
A. January 1, 2012 – 1% ATB except that the 20-year step will be increased by 1 ½%.
B. October 7, 2012 – 1% ATB except that the 20-year step will be increased by 1 ½%.
C. Per diem rates shall be increased effective at the start of the first pay period after ratification as follows: Level 1 - $40.75; Level 2 - $44.50; per diems (regardless of level) working 11:00 pm – 7:00 am-$47.50. Per diem rates will be increased by 1% effective October 7, 2012.
Section 2. Part-Time and Temporary Nurses
Part-time nurses will be paid at the hourly rate for their classification set forth in Section 1 plus any differentials. Part-time nurses must work a minimum of one thousand (1,000) hours per year or be employed by the Hospital for one (1) year, whichever is longer, in order to come within the progression schedule set forth in Section 1 above, and for each additional increment, an additional one thousand (1,000) hours or additional year, whichever is longer.
Temporary nurses are hired for a limited period of time, the duration of which usually does not exceed four months, or average less than eight (8) work hours per week. Temporary nurses shall not be eligible for benefits except as specifically indicated.
Section 3. Credit for Experience
A newly employed RN will be placed in the appropriate pay step in the pay scale based upon her/his recent relevant experience and its application to her/his new position as determined by the VP Nursing/Patient Services or the nurses’ department head. Steps on the scale represent years of applicable relevant experience as a registered nurse. In the event a non-bargaining unit RN currently employed at the Hospital is hired into a bargaining unit position, she/he shall be placed on the appropriate wage step based on years of experience as a non-LGH registered nurse and then credited one step on the scale for each year said nurse was continuously employed in a staff position working 20 hours or more as an RN at the Hospital in a bargaining unit or a non-bargaining unit position. In no event shall a new hire be placed above a similarly experienced bargaining unit RN. Any such bargaining unit RN shall have her/his pay adjusted.
Section 4. Shift Differential
Nurses working on the evening shift will be paid additional compensation at the rate of three dollars ($3.00) per hour.
Nurses will receive the appropriate differential when they work four (4) or more hours into the evening or night shift.
Effective September 2, 2001, nurses working the 11:00 p.m. – 7:00 a.m. shift shall be paid as follows:
a. The night shift differential for non-package nurses shall be increased to $7/hr.
b. 32/40 nurses will receive overtime for hours worked more than eight in a shift or more than forty in a week.
c. 32/40 and 24/28 nurses will receive the $7.00/hr night shift differential for extra shifts worked on 11:00 p.m. – 7:00 a.m.
d. If a 32/40 or 24/28 nurse uses sick or vacation time during a work week she will not receive the package “bonuses”, but she will receive the $7.00/hr night shift differential for any 11:00 p.m. – 7:00 a.m. shifts that she works during the week.
Section 5. Educational Differential
(a) A nurse with a baccalaureate degree in nursing shall receive additional compensation at the rate of twenty-five dollars ($25.00) per week if she is full-time, and at the rate of twelve dollars and fifty cents ($12.50) per week if she is part-time.
A nurse with a Masters Degree in Nursing shall receive additional compensation at
the rate of thirty-five dollars ($35.00) per week if she is full-time, and at the rate of twenty-three dollars and ten cents ($23.10) per week if she is part-time.
Section 6. Weekend Differential
Nurses working on Saturday and/or Sunday will receive additional compensation
at the rate of three dollars ($3.00) per hour. For purposes of this section, the weekend shall begin with the start of the day shift on Saturday and shall terminate with the start of the day shift on Monday.
Section 7. On Call
A nurse shall be paid five dollars and seventy five cents ($5.75) per hour when on call. When called into work, she shall be paid at one and one-half (1 1/2) times her straight time rate with pay for three hours' work guaranteed for each call-in. The Hospital will assign on-call in the Operating Room, PACU, Ambulatory Procedures, Labor and Delivery, and Radiology equitably among all eligible nurses, subject to its operating requirements. RNs shall not be allowed to accept on-call assignments which could result in their working more than sixteen hours within a rolling 24-hour period. The Hospital shall provide designated clean, secure sleep rooms for the sole use of OR and L&D nurses when on call; it is understood that L&D nurses shall use one of the OB physician sleep rooms.
Every effort shall be made to schedule sufficient registered nurses to meet the core needs of the Labor and Delivery unit on all shifts. All unfilled shifts will be posted on the holes list and filled in the following priority order:
1. Extra shift at straight time;
2. Voluntary on-call:
3. Extra shifts at overtime;
4. Assign remaining holes as on-call in four (4) hour increments.
In the event of a sick call or unexpected absence, if there is an on-call nurse scheduled, she can elect to either work the shift and will be paid as called in; or remain on-call in which case the shift will be offered and filled in accordance with #1 - #4 above.
Section 8. Charge Pay
Any staff nurse who is in charge of a floor on the day, evening or night shift shall receive charge pay at the rate of two dollars ($2.00) per hour. The Hospital will not assign charge responsibilities to registered nurses unless they have a minimum of one year clinical experience as a registered nurse.
Section 9. Payment of Wages
Nurses will be paid once a week.
Section 10. Preceptor Differential
The Hospital will pay a nurse two dollars fifty cents ($2.50) per hour, to be calculated and paid on a weekly basis, up to a maximum of four hundred (400) hours, for precepting a newly licensed registered nurse or a registered nurse who is new to a unit, if the nurse requires more than two weeks (eighty (80) hours) of orientation to the unit in the judgment of the unit’s clinical coordinators/managers. In the case of the OR, the precepting program, in the judgment of the unit’s director, may exceed four hundred (400) hours if there are two or more nurses who have simultaneously begun a training program. Two registered nurses may share precepting duties, in which case they will each be compensated in proportion to the amount of time she or he spends in precepting the nurse, up to a maximum of four hundred (400) hours for the two of them combined, or in the case of the OR up to the maximum determined by the unit’s director. The clinical coordinator/manager, and in the case of the OR, the director, will consult with the educator, the preceptor and the precepted nurse during the period of precepting, in order for her or him to ascertain how the precepting is going and whether the period needs to be extended.
Section 11. RNFA Differential
A non-certified Registered Nurse First Assistant shall receive a differential of three dollars ($3.00) per hour when assigned or performing as an RNFA; a certified Registered Nurse First Assistant shall receive a differential of five dollars ($5.00) per hour when assigned or performing as an RNFA.
ARTICLE III
Section 1. Hours of Work
The regular work week for the nursing staff shall consist of forty (40) hours within a calendar week. The Hospital calendar week shall begin with the start of the day shift on Sunday. The regular work day shall consist of eight (8) consecutive hours as described below with a one-half hour of unpaid meal period on the day and evening shifts. The Hospital will continue its present practice of providing meals to nurses on the night shift. The regular day shift shall be 6:45 a.m. - 3:15 p.m., the regular evening shift shall be 2:55 p.m. - 11:25 p.m., and the regular night shift shall be 11:05 p.m. - 7:05 a.m.
Section 2. Overtime
(a) All work performed in excess of eight (8) hours in a day or forty (40) hours in a week shall be paid for at one and one-half (1 ½) times the nurse's regular rate. If it is necessary for a nurse to perform overtime work, she shall advise her immediate superior of this necessity, who shall authorize such overtime. Overtime pay shall not be pyramided, compounded or paid twice for the same hours worked. Overtime work shall be distributed equitably among nurses in each work location in rotation by order of seniority in a continuously rolling manner.
(b) Mandatory Overtime Guidelines
1. It is the Hospital’s goal to reduce any need for mandatory overtime.
2. If, after the Hospital assesses the potential need for replacement staff on a unit, considering such factors as census, acuity, anticipated staffing and staff mix, an overtime assignment may become necessary on the unit, the Hospital will make all reasonable efforts to fill such need by taking the following steps: The Hospital will review staffing across all units to determine the availability of a float with the requisite competencies for the unit and shift where the need exists; the Hospital will contact RN staff on duty to seek volunteers with the requisite competencies to cover the assignment; the Hospital will contact off-duty nurses within the unit to see if they will come in early or to see if they will work an extra shift; the Hospital will contact per diems specific to the area of need to determine availability for the shift where the need exists.
3. The Hospital will inform staff that all other alternatives have been unsuccessful and it will be necessary to assign a nurse mandatory overtime. The nurses on the unit will first be given the opportunity to determine if there is a volunteer to perform the mandatory overtime work.
4. A mandatory overtime list of staff nurses shall be maintained for each nursing unit. The list initially shall be set in order of reverse seniority. The Hospital shall assign mandatory overtime to an off going shift nurse in accordance with the nursing unit list. The name of the nurse who volunteers pursuant to the preceding paragraph or is mandated for overtime will go to the bottom of the list.
5. If a nurse assigned to mandatory overtime states that she or he is unable to work the assigned overtime due to feeling fatigued or ill, the Hospital will proceed to the next qualified nurse on the nursing unit list. The nurse who is unable to work will remain at the top of the list.
6. A nurse who has worked two consecutive shifts totaling sixteen hours or more will not be permitted to return to work until she/he has had a full eight hours off; managers will take reasonable measures to ensure operations of the unit are not negatively impacted and appropriate RN staffing is maintained.
Section 3. Schedules
(a) Time schedules, days off, and requests for days off shall be posted pursuant to the Times Schedule Agreement effective May 2010 and attached as Appendix B. Scheduling periods for each calendar year will be determined at the Labor/Management meeting held the previous September. Schedules shall be subject to change in the event of an emergency.
(b) Cancellation of confirmed extra shifts by the nurse requires a minimum of 24 hours notice; cancellation of confirmed extra shifts by the Hospital must be a minimum of one (1) hour in advance for a 7am – 3pm shift and a minimum of four (4) hours in advance for 3pm – 11pm and 11pm – 7am shifts. If the Hospital fails to notify the nurse in a timely manner, and she arrives prepared to work, the nurse in her sole discretion will have the following options: (1) go home without pay, or (2) work for two hours as assigned and receive two hours pay; if the nurse fails to cancel in a timely manner before the start of the shift, and fails to report to work on time, she will be considered to be absent from work.
(c) The Hospital may float nurses in the following order:
1. First, it will float nurses who volunteer;
2. Second, if there are no volunteers, it will float per diem nurses (consistent with Article XV, Section 9b);
3. Third, if there are no per diems, it will float nurses working overtime or extra shifts. In the event that the Hospital knows in advance that it will be required to float a nurse who is working an extra shift, it will endeavor to give the nurse notice within the same time limits required to cancel a confirmed extra shift; the nurse may choose to accept the float assignment or cancel the extra shift. In the event the Hospital was unable to give notice and the nurse reports to work the extra shift, she or he may accept the float assignment or go home without pay.
4. Fourth, in the event that the above options are not successful, it will float nurses scheduled to work in the unit based on their turn to float by the unit’s float list.
5. In scheduling uncovered shifts, nurses will be asked to indicate both their availability for the shift and their willingness to float, if needed. It is understood that preference shall be given to nurses indicating both availability and willingness to float.
Section 4. Exemption From Rotation
Registered nurses (including those who work in Shortstay and IV Team) may be exempted from shift rotation, and from shift rotation and on call in the delivery room, operating room, and Post Anesthesia Care Unit and Ambulatory Procedures, on the following conditions: (1) the nurse has a minimum of twenty years of service with the Hospital as a registered nurse; (2) she is regularly scheduled to work at least 24 hours per week (provided that incumbents in that status as of July 11, 1996 may retain their status regardless of the seniority of others in the unit); and (3) no more than one nurse per unit is eligible to be exempt from shift rotation (including on-call in the delivery room, operating room, Post Anesthesia Care Unit and Ambulatory Procedures). The exemptions in the preceding sentence will apply only to those registered nurses in the exemption status as of the date of ratification of the Agreement. Registered nurses who are at least sixty two (62) years of age will be exempt from rotation to the night shift. Shift rotation shall be assigned equitably among all nurses required to rotate on a unit.
Section 5. Change in Nurses’ Schedule
If the Hospital intends to institute work schedules which provide different work weeks, work days, hours of work, shifts and/or starting times and quitting times and which will affect the schedules that nurses are currently working, it shall give notice of the proposed changes to the Association and provide it with an opportunity to meet and confer with the Hospital. If any nurse is unable to work the new schedule, she will be granted bumping rights pursuant to Article VIII, Section 15.
Section 6. Low Work Load
If the Hospital determines that the release of any nurse from a specific unit is required it shall first release any Agency nurses that may be scheduled on that unit. If there continues to be a need to release a nurse the Hospital shall release nurses in the following order:
a) Nurses working overtime on a rotating basis;
b) Volunteers;
c) Per diem nurses on a rotating basis;
d) Nurses working an extra shift (non-overtime);
e) Regularly scheduled nurses
Prior to releasing a regularly scheduled nurse from her/his shift an offer to work in other areas will be made based on the nurse’s competency level. If the nurse opts to decline the offer, the Hospital may implement low workload (LWL). Such offers must be documented to indicate who the offer was made to, where the need was, the date and time of the offer, and the response. Nurses who are released under this provision (voluntarily or required) may elect to take such time off without pay and will not lose any benefits or accruals because of such election. No regularly scheduled nurse shall be required to accept LWL more than 60 hours for full-time or prorated for part-time nurses per year.
Voluntary requests for LWL must be written in on scheduled posted time in advance of the shift. Requests for LWL will not be taken via phone call. LWL will be offered in order of seniority on a rotating basis to those nurses who have written their requests on the schedule.
ARTICLE IV
Section 1. Holidays
(a) Full-time nurses will be granted the following ten (10) holidays with pay:
New Year's Day Labor Day
Presidents' Day Columbus Day
Patriot's Day Veterans’ Day
Memorial Day Thanksgiving Day
Independence Day Christmas Day
Employees may swap Martin Luther King Day for Presidents' Day.
(b) Whenever a full-time nurse works on any of the holidays enumerated in paragraph (a), she shall be paid one and one-half (1 ½) times her regular hourly rate for all hours worked on the holiday in addition to eight hours' pay for the holiday. In lieu of eight hours' pay for the holiday, a nurse may elect, at her option, compensatory time off within a four-week period after the holiday, to be scheduled by mutual agreement. To exercise the option, a nurse must notify her immediate supervisor at least two (2) weeks in advance of the holiday that she wishes to take the day off. Subject to the operating needs of the Hospital, requests for compensatory time shall be met by seniority.
If a holiday falls on a full-time nurse's day off, she will be paid eight (8) hours' pay at her regular rate for the holiday, including shift differential if regularly scheduled to work the evening or night shift, or allowed time off, with pay, on a different day that she is scheduled to work, at the Hospital's discretion. If a holiday falls while a full-time nurse is on paid sick leave, she shall receive holiday pay for the holiday. If a holiday falls during a full-time nurse's vacation, one day's pay will be added to her vacation pay or an additional day with pay will be added to her vacation. Holidays off will be rotated as equally as possible to afford each nurse a fair share of holidays off.
(c) Whenever a part-time registered nurse works on any of the holidays enumerated in paragraph (a), she shall be paid one and one-half (1 ½) times her regular hourly rate for all hours worked on the holiday. In addition, if a part-time registered nurse normally averages twenty-four (24) hours or more work a week, she/he will be paid a pro-rata amount of eight (8) hours' pay at her regular rate of pay (e.g., if she/he normally averages thirty-two (32) hours work per week, she/he will be paid 4/5 (32/40) of her regular (8) hours' pay); nurses who were receiving a holiday benefit but working fewer than twenty-four (24) hours per week as of October 7, 2010 shall be grandfathered and may continue to receive the benefit.
If a holiday falls on a part-time registered nurse's day off and if that part-time registered nurse normally averages twenty-four (24) hours or more work a week, then she will be paid a pro-rata amount of eight (8) hours' pay at her regular rate of pay; nurses who were receiving a holiday benefit but working fewer than twenty-four (24) hours per week as of October 7, 2010 shall be grandfathered and may continue to receive the benefit.
(d) All observed holidays, except as noted below, will begin at the start of the night shift on the day preceding the holiday and will extend for a twenty-four (24) hour period, concluding at the start of the night shift on the day of the holiday.
(1) The Christmas holiday will begin with the start of the evening shift
on the day preceding the holiday and will terminate at the start of the day shift on the day following the holiday.
(2) The New Year's holiday will begin with the start of the evening shift on the day preceding the holiday and will end on the end of the evening shift on the day of the holiday.
(3) In determining holiday time off for Christmas and New Year’s and in order to ensure equitable rotation of the premium shifts, managers will take into consideration factors such as (1) previous Christmas and New Year’s holidays that a nurse has worked or been scheduled off, (2) the particular shift(s) that a nurse may have worked, (3) the willingness of a nurse to work a particular Christmas and New Year’s shift(s) and (4) the seniority of the nurse, but none of these factors is determinative.
(e) To be eligible for holiday pay, a registered nurse must work her last regularly scheduled day before the holiday and her first regularly scheduled day after the holiday, unless absent for good cause. Good cause shall include, but shall not be limited to, bona fide illness.
(f) Holiday benefits are not earned if the holiday occurs during an unpaid leave of absence or during a terminal vacation period.
(g) Full-time and part-time registered nurses who normally average twenty-four (24) hours or more per week, and who have at least ten (10) years of service with the Hospital, will be scheduled off on their birthday and paid for the day. Nurses who as of the ratification date of this Agreement normally average sixteen hours or more per week, and who have at least ten (10) years of service with the Hospital, will be grandfathered and will continue to be scheduled off on their birthday and paid for the day.
ARTICLE V
Section 1. Vacations, Full-Time Nurses
(a) Full-time staff nurses, upon completion of one (1) year's service shall be entitled to receive three (3) weeks' annual vacation with pay.
(b) Full-time staff nurses, upon completion of five years' service shall be entitled to receive four (4) weeks' annual vacation with pay
(c) Full-time staff nurses who have not been on the payroll for a full year shall receive a prorated vacation and vacation pay, except that in no case will payment be made until six full months of continuous service has been completed.
Section 2. Vacation, Part-Time Nurses
All part-time nurse employees working in the classifications listed in Section I above shall receive an annual vacation similar to full-time nurses, provided their employment status is at least twenty-four (24) hours per week; nurses who were receiving a vacation benefit but whose employment status was less than twenty-four (24) hours as of October 7, 2010 shall be grandfathered and may continue to receive the benefit. Time off for vacation purposes shall be based upon the provisions of Article II, Section 2. Part-time nurses vacation pay will be prorated upon the vacation benefits of full-time nurses.
Section 3. Eligibility and Computation
Full-time and part-time nurses who have not been on the payroll for a full year shall receive a prorated vacation and vacation pay, except that in no case will payment be made unless six full months of continuous service has been completed. Vacation compensation for all nurses shall be based upon the nurse's salary rate on the date the nurse's vacation begins, including her shift differential, if any, for nurses regularly working the evening shift and the night shift.
Section 4. Scheduling
Nurses shall select one week of vacation for the period June 15 through September 15 (the "peak season"), according to their Hospital seniority. Every eligible nurse who makes a request shall be granted a minimum of one-week of vacation during prime time..
Procedure
1. Prime time vacation sign up shall begin on the first Monday in February; the posting for the prime time vacation shall be on the preceding Thursday. The sign up period shall extend through April 1, but it may be extended beyond April 1 in units where it is necessary to make sure each nurse receives one day in which to sign up. A vacation sign up calendar for the weeks of prime time with the weekly vacation allotment clearly defined, along with a roster of unit/department nurses in order of seniority, shall be posted on each unit. According to their place on the seniority roster, each nurse will be assigned one day in which to sign up based on her/his seniority. Nurses may sign up between the hours of 7 a.m. on their assigned date and 7 a.m. the next morning. If a nurse decides not to request any time off during prime time, she/he shall indicate this on the list.
2. Each nurse shall select her/his week of time, initial and check off her/his name, and indicate the number of days of vacation she/he will be using within the time period. Failure to sign up by the nurse’s deadline date will result in forfeiting her/his turn. In the event a nurse fails to sign up during her/his assigned time, the next nurse will notify her manager/supervisor to witness the forfeiture. The forfeited name shall be crossed out by the manager/supervisor. In such cases the clinical manager will be responsible for placing the names at the bottom of the sign up list.
3. Once a nurse has made her/his selection, she/he cannot be bumped by another nurse.
4. A minimum of one nurse per shift, per weekend will be guaranteed.
5. The vacation list will be reposted from April 1 – April 15 to allow for further selection of vacation. The number of days left over during this period will be based on the number of vacation days that each floor allots during non-prime time weeks, or the prime time allotment, whichever is least.
6. This further selection process shall be according to seniority.
7. Beginning April 15 nurses may find their own coverage for straight time provided she/he submits a coverage agreement signed by both nurses. There will be no deadline and date for finding coverage. Nurses may seek their own coverage at any time.
Otherwise the rest of a nurse’s vacation shall be taken during the period Sept. 16 – June 14. In all situations, when nurses schedule and take vacation is subject to the hospital’s operating requirements, and all such requests shall be in accordance with the Times Schedule Agreement, Article 3.3.
4.2 Although, as a general rule, nurses are required to take time of for vacations earned in one year prior to the next year, nurses may accrue up to two times their annual vacation allowance.
4.3 A nurse who has reached her/his maximum accrual will no longer accrue vacation time. Vacation accrual will resume once the accrual rate goes below the maximum allowed. In certain circumstances, subject to mutual agreement, a nurse may be compensated for up to two weeks of accrued vacation time, in lieu of taking time off.
4.4. In all instances in deciding between nurses as to when vacations may be taken, seniority shall prevail. It is not the policy of the Hospital to grant a leave of absence or authorize any unpaid absence to extend a vacation period during the months of June through September, but leaves of absence for such purpose may, at the discretion of the appropriate department head, be approved.
Section 5. Accrual of Vacation Benefits
For the purpose of this Agreement a nurse will accrue vacation time based on actual hours worked beginning with her first day of employment.
ARTICLE VI
Section 1. Paid Sick Leave
Full-time nurses will accrue sick leave benefits up to one (1) day for each full calendar month based on actual hours paid accumulative to sixty (60) days. Part-time nurses whose employment status is at least twenty-four (24) hours work per week will accrue sick leave benefits based on actual hours paid accumulative to sixty (60) days; part-time nurses who were receiving a paid sick leave benefit but working fewer than twenty-four (24) hours per week as of October 7, 2010 shall be grandfathered and may continue to receive the benefit. Sick leave will be granted only for a bona fide illness and may not be applied towards vacation, severance or leave of absence benefits. Sick leave will accrue from the first full calendar month of employment but may not be used during the three-month probationary period. Payments for sick time will not be authorized if the nurse has already submitted a notice of resignation unless proof of hospitalization or treatment by a physician is submitted by the nurse to her/his manager.
A full-time or part-time nurse who has accrued more than sixty (60) days leave will be entitled to payment at the rate of a half (1/2) day's pay for each unused sick day in excess of sixty (60) days. The accounting will be made as of November 30 of each year and payment made during the month of December. Nurses terminating their employment prior to November 30 of any year shall not be entitled to monetary reimbursement under the provisions of this paragraph with the exception of those nurses who retire from the Hospital on or after reaching 62 years of age, and who have at least twenty (20) years’ service with the Hospital. However, in lieu of the foregoing, a nurse may exercise a one-time option to allow her leave to accrue beyond sixty (60) days to use if the nurse in the future is entitled to receive workers’ compensation or medical disability payments; in that event the nurse may use her accrued sick leave in order to supplement her workers’ compensation or medical disability payments.
A full-time nurse who becomes part-time after this Agreement has been executed will retain any sick leave she has accrued as of the time she changes her employment status. Effective October 8, 2010 if any nurse decreases her hours to less than twenty-four (24) hours per week, she will no longer retain any sick leave benefits accrued to that point; part-time nurses who were receiving a paid sick leave benefit but working fewer than twenty-four (24) hours per week as of October 7, 2010 shall be grandfathered and may continue to receive the benefit.
A full-time or part-time nurse on Worker's Compensation may elect to draw on her unused sick leave for the difference between her compensation payment and her regular salary.
Section 2. Medical Insurance
The Hospital shall provide its health insurance programs to registered nurses on the same terms and conditions as it makes them generally available to other non-bargaining unit employees. Enrollment is, however, not automatic and application for coverage must be made by the nurse through the Hospital's Human Resources Department. Nurses who are covered by a health insurance plan, and who retired from the Hospital on or after reaching 62 years of age, and who have at least twenty (20) years' service with the Hospital, may remain covered by the plan at their cost.
Section 3. Hospital Discount
(a) The Hospital will accept as payment in full the insurance benefits supplied by the nurse's health insurance provider, under Section 2 of this Article and will allow full-time nurses, their spouses and dependent children under the age of twenty-five (25) (to the extent the children are covered by the parent’s health insurance) and part-time nurses as described above fifty percent (50%) of any additional medical care charges not so covered by the provider.
(b) Full-time nurses, their spouses and dependent children under eighteen (18) years of age and part-time nurses not covered by a Hospital insurance program, as set forth in Section 2 will be charged the full amount of the benefits to which she would have been entitled under the Hospital's least expensive insurance program. Thereafter, the Hospital will allow a fifty percent (50%) deduction on all medical care charges over and above the benefits that would have been paid under the Hospital's insurance program.
(c) A nurse admitted to the Hospital and requesting a private room will be charged no more than one-half the difference between the cost of a semi-private (two-bed) room and private room.
Section 4. Accrual of Sick Leave Benefits
For the purpose of this Agreement a nurse will accrue sick leave based on actual hours worked beginning with her first day of employment.
Section 5. Personal Days
Nurses who have accrued twelve (12) sick days by September 30 of each year will, in the subsequent year (beginning October 1), be granted two (2) personal days. Subject to the scheduling needs of the Hospital, personal days may be used for use for unusual and emergency circumstances; one day may be used by the nurse between October 1 – March 31, and the second day may be used between April 1 – September 30. If a nurse, who is eligible to accrue sick time, has not accrued twelve (12) sick days by September 30, but has maintained a perfect attendance record for a minimum of six consecutive full calendar months during the fiscal year, the nurse will, in the subsequent year (beginning October 1), be granted one (1) personal day, to be used by the nurse for unusual and emergency circumstances, subject to the scheduling needs of the Hospital, between October 1 – September 30. For the purpose of this section, absences because of jury duty, approved bereavement leave, low work load, or leave pursuant to FMLA will not be counted as absences under the Hospital’s attendance policy.
Section 6. Continuation of Health Insurance Benefits
The Hospital will continue its share of health insurance contributions for employees injured on the job for a period of three months following the date of injury. It will allow employees laid off to continue enrollment in the Hospital's health insurance plan for any period provided by law
following the date of layoff, and the Hospital will continue its share of health insurance contribution for the first two (2) months.
ARTICLE VII
Section 1. Leaves of Absence
(a) Leaves of absence without pay will be granted to nurses in the following circumstances:
1. personal illness after accumulated
sick leave has expired......................................... one year
2. industrial accident.............................................. three years
3. critical illness or death in the
immediate family............................................... 90 calendar days
4. educational leaves allowed at
the discretion of Hospital................................... up to 12 months
5. other leaves granted at
discretion of Hospital......................................... discretionary
(b) In the leave of absence situations set forth above, the Hospital will reinstate a nurse to the same position from which she left, provided she returns from her leave within 30 calendar days. The Hospital will return a nurse to her same position if she returns from her leave after 30 calendar days but before the expiration of the period allowed for the leave, provided the Hospital has not been required to hire or transfer permanently a nurse to fill a vacancy created by the leave. In such cases the Hospital will reinstate the nurse to a substantially similar position if a suitable vacancy exists. A nurse who returns from a leave of absence after 30 calendar days but within the period allowed for the leave, and where no suitable vacancy exists, will be given the first opportunity to return to a position for which she is qualified and the first opportunity to return to her former position when such position is vacant.
(c) Maternity: Whenever a nurse shall become pregnant, she shall notify the Vice President, Nursing/Patient Services or her department head as to the expected date of her delivery as soon as possible. She shall be permitted to work provided her physician certifies that she is able to continue working, but will not be required to work beyond the eighth month of pregnancy unless she chooses to do so and is able to continue working. All requests for maternity leave of absence for the purposes of giving birth shall be made in writing by the nurse to the Director or her department head at least two weeks prior to the commencement of the leave, if possible, and shall indicate the approximate date of return. Maternity leave will be granted for a period not to exceed four (4) months after date of delivery. The Hospital will return a nurse to her same position if she returns from a leave which does not exceed a total of eight (8) weeks after childbirth. The Hospital will return a nurse to a position within the bargaining unit if she returns from her leave after eight (8) weeks but before the expiration of the period allowed for the leave.
(d) Military: A nurse who enters the military service shall be deemed to be on a leave of absence and shall be reinstated to her former position and department or a substantially similar position or department if she returns to active employment within ninety (90) days after her discharge. A nurse who is called for an annual two weeks Military Reserve training or National Guard training shall be paid the difference between her regular earnings and military pay and allowances. The nurse shall have her military pay certified by her commanding officer.
(e) A part-time nurse regularly scheduled to work a minimum of twenty-four (24) hours per week and who is on an approved leave of absence for personal illness or industrial accident, and who is not eligible for FMLA leave of absence, shall be returned to her/his same position if she/he returns within eight (8) weeks; this subsection does not apply to intermittent leaves of absence and is otherwise subject to the terms and conditions of Article VII.
Section 2. Miscellaneous
The Hospital will continue insurance coverage for a period of ninety (90) days for employees on the following leaves of absence providing, however, the employee on such leave of absence prepays any portion of the insurance premium as may be due from her.
(a) Personal illness -- three (3) months; industrial accident -- three (3) months; maternity--three (3) months; death in the immediate family -- three (3) months; educational leave to be made by individual arrangement; other leaves to be made by individual arrangement.
(b) When a nurse is on a leave of absence, the Hospital will grant continuing seniority for the purpose of increments in the wage schedule for a period not to exceed six (6) months.
(c) When a nurse is on leave of absence, she will accrue vacation benefits for a period of ninety (90) days providing she returns to work on or before the end of her leave and providing she remains at work for a length of time equal to the length of her leave of absence or ninety (90) days, whichever is shorter.
(d) Normally a request for a leave of absence should be submitted in writing to the Director or the nurse's department head, at least one (1) month before the
scheduled leave of absence is to begin. An answer to such a request will also be returned in writing within one (1) week of the receipt of the request.
(e) Nurses on authorized leaves of absence may have their employment terminated for:
(1) Overstaying an authorized leave of absence without a valid reason.
(2) Obtaining employment elsewhere without the expressed written
permission of the Hospital.
(f) In case of leaves of absence for personal illness, a registered nurse may, in appropriate circumstances, be required either to present herself to the Work/Health Clinic for a
medical evaluation of her condition or to present a written statement from a physician certifying that the nurse is able to return to her regular duties before she will be allowed to return to work.
ARTICLE VIII
Section 1. Seniority
Seniority means length of continuous employment by the Hospital. There shall be one seniority list for full-time and part-time nurses. A full-time nurse will acquire seniority after completing a ninety (90) day probationary period, and her seniority will then date from the date of employment. A part-time nurse must have worked four hundred (400) hours to complete her probationary period. Bargaining unit seniority shall be used in filling vacancies under Article VIII, Section 2 or in laying off nurses under Article VIII, Section 4, or in transferring nurses under Article VIII, Section 15.
Section 2. Vacancies
Vacancies in positions shall be posted on appropriate bulletin boards for a period of seven (7) business days. Any nurse interested in applying for said vacancy shall make application to the Human Resource Department. The position shall be filled on the basis of ability and qualifications, and where ability and qualifications are relatively equal, seniority shall be the determining factor in filling said positions. A nurse shall move to her/his new position within ninety (90) days.
Section 3. Loss of Seniority
Seniority will be lost by:
(a) Resignation;
(b) Discharge for just cause;
(c) Overstaying a leave of absence without a valid reason;
(d) Obtaining employment elsewhere during a leave of absence without permission of the Hospital;
(e) Inability to return from lay-off status within one (1) year;
(f) Failure to respond to an opportunity to return from lay-off status as set forth in Article VIII, Section 4(c)(ii).
Section 4. Reductions in Force
(a) Procedure.
(i) A "lay-off' is a separation from employment for the purpose of reducing the work force, which is required by legitimate needs of the Hospital. The Hospital will determine the operations to be curtailed or discontinued and the numbers, classifications and shifts of nurses to be laid off. The Hospital will make all reasonable efforts to discontinue the use of all per diem and temporary nurses first, before laying off any regularly scheduled nurses. To the extent operating needs and consideration of costs allow, nurses who wish to reduce hours, take unpaid leaves of absence or be laid off, in order to prevent other lay-offs from occurring, will be permitted to do so.
(ii) Lay-offs will be made within departments. The Hospital will lay off nurses within classifications and shifts on the basis of Hospital seniority subject to qualifications to perform the available work.
(b) Bumping
(i) The Hospital will give the MNA at least two weeks' notice of a lay-off. During that period of time, representatives of the Hospital and MNA will meet to permit nurses who are affected by a lay-off to bump nurses in the same or next lower classification with less seniority, provided the nurses are qualified to perform the work in question with minimum orientation. If at the end of the two-week period there are still nurses who have seniority rights to exercise, they will be allowed only to bump an equal number of the most recently hired nurses in the Hospital in the same or next lower classification provided they are qualified to perform the work in question with minimum orientation.
(ii) A nurse who is to be laid off and is unable to exercise any bumping rights shall be given a minimum of one week's notice or pay in lieu thereof.
(iii) A nurse who bumps into a position in a lower classification will be paid at her old rate, but will not receive any increase, including a cost of living or step increase, until the rate for the step and classification she is in exceeds her old rate.
(iv) Any dispute as to the qualifications of nurses shall be subject to the grievance and arbitration procedure.
(v) The following officers of the bargaining unit shall be exempt from any lay-off made pursuant to this section: Unit Chairperson, Vice-Chairperson, Secretary-Treasurer, Full-Time Representative, Part-Time Representative. In the event the layoff involves the elimination of the Department to which the officer is assigned, the officer shall be granted first preference for bump options among those affected. Where there are two (2) or more officers in the same Department their respective seniority dates shall indicate their respective bumping order.
(c) Recall.
(i) Nurses who are on lay-off will be offered positions within the Hospital in order of seniority, provided they are qualified and are able to assume the duties of the position in question with minimum orientation. Once the nurse returns to the Hospital she will be given the first option of returning to her original position if it becomes available within a period of six months following her return.
(ii) Nurses who are on lay-off will be given notice by certified mail of an open position. Nurses must notify the Hospital of an intention to return to work within three (3) days after receiving notice and must return to work within seven (7) calendar days after receiving notice, or they will be dropped from the recall list. However, unless the nurse is offered the same shift and hours she worked prior to the lay-off, she may decline the position within the three-day period and will still remain on the recall list; but the least senior nurse on the list who is qualified to work in the position offered must accept the offer or she will be dropped from the list.
(d) Benefits. Nurses on lay-off shall retain all accrued benefits as of the date of the lay-off, but will continue to accrue seniority for a period of one (1) year. Nurses on lay-off may continue to remain covered by the Hospital's health insurance program, at their cost.
(e) Departments. As of the date of this Agreement, the Hospital has the following departments: H5, CCC, R4, H4, Critical Care, Pediatrics, Labor & Delivery, R2/Nursery, Emergency Center, Ambulatory Procedures, OR, PACU/ SDC, Integrated Care Management, InServ, IV Therapy, Pain Management, Invasive Radiology, Short Stay and Pedi After Hours, Special Care Nursery, Short Stay. This list is not exclusive and does not prevent the Hospital from discontinuing or changing existing departments or establishing new departments.
Section 5. Association Representatives
Duly authorized representatives of the Association may visit the Hospital at any reasonable time to discharge the Association's duties as the collective bargaining representative, providing they first make themselves known to the Human Resources
Department together with the purpose of the visit, and such visits shall not disrupt the orderly operation of the Hospital.
Section 6. Non-Discrimination
Neither the Hospital nor the Association will discriminate against any nurse or applicant for employment because of race, age, color, creed, sex, national origin or marital status.
Section 7. Hospital Travel
Any nurse who is required to use her car in the performance of her Hospital duties shall receive twenty five (25) cents per mile plus tolls. The Hospital will also provide automobile liability insurance coverage in such situations.
Section 8. Jury Duty
A nurse who is absent from scheduled work for jury duty shall receive the difference between what she would have earned at her regular straight-time rate of pay had she been at work, including regular shift and other premium payments, and the payment received for such jury duty (not including travel allowance or reimbursement of expenses). In order to receive payment under this section, the nurse must (1) furnish the Hospital with evidence of jury pay from the clerk of the court where she served as a juror, and (2) report for work on a regularly scheduled work day when she is excused from jury duty at such time as will permit the nurse to return to work. A nurse who serves on jury duty Monday through Friday will be scheduled off the following weekend if she was otherwise scheduled to work the weekend.
Section 9. Discipline
No nurse shall be disciplined or discharged except for just cause, provided that a nurse may be terminated during her three-month probationary period for any reason and that such termination shall not be subject to the grievance and arbitration provisions under Article XII.
Discipline Procedure: In the event a nurse shall be discharged, and such nurse believes that she has been dealt with unjustly, such discharge shall constitute a case arising under the method of adjusting grievances herein provided. In the event it should be decided under the rules of this Agreement or the decision of an arbitrator that an injustice has been dealt a nurse with regard to the discharge, the Hospital shall reinstate such nurse with or without compensation for the time lost as may be determined. All such cases of discharge shall be brought to the attention of the Human Resources Department of the Hospital within one (1) week of the date of discharge and disposed of within the time limits set in Article XII. Such notification shall be in writing. Any disciplinary action related to attendance shall be removed from a nurse’s personnel file if there has
been no reoccurrence within a two-year period from the disciplinary action. It is understood that the nurse will request the removal of the discipline.
Section 10. Professional Activities
Subject to the operating needs of the Hospital, and with its approval, part-time nurses who work a minimum of twenty-four (24) hours per week, or nurses who are full-time, shall be granted one (1) day off with pay, annually, to attend educational programs, provided that the programs provide relevant CEU credit to the nurse.
Section 11. Tuition Reimbursement
Regular full-time nurses shall be reimbursed 75% of tuition charges, up to twelve (12) semester hour credits per calendar year, and part-time nurses who normally average sixteen (16) hours work per week shall be reimbursed 75% of tuition charges, up to six (6) semester hour credits per calendar year. Full-time nurses, and part-time nurses who work the minimum hours set forth in the preceding sentence, who have at least five (5) years seniority at the Hospital, shall be reimbursed 100% of tuition charges for the allowable semester hour credits per calendar year. This benefit is subject to the following conditions: (1) the course has been determined to be job related and approved in advance and in writing by the appropriate Hospital representative; (2) the nurse has been in the employ of the Hospital for a period of at least six (6) months prior to seeking approval for a course; (3) the nurse agrees that she will remain in the Hospital's employ for a period of six (6) months after completion of the course or be required to pay back to the Hospital any sums expended on her behalf, (4) if a nurse is seeking a Master's Degree, she must achieve a "B" rating in all subjects, and in all other courses for which the Hospital reimburses the nurse for tuition expenses, she must maintain a rating of "C"; (5) for registered nurses hired after July 16, 1989, in addition to the foregoing, the Hospital shall reimburse tuition charges up to $100 per credit hour, and up to $1,000 for all credit hours taken by a registered nurse in a calendar year. Any reimbursements made by the Hospital pursuant to this Section may be subject to legally required withholdings.
Tuition reimbursement is not available if the nurse is scheduled to be or is on a
leave of absence for more than half the period of time when she would be taking the course or courses contemplated by this section. Tuition reimbursement will be paid if a nurse has begun a course and is laid off pursuant to Section 4 of this Article.
If a nurse who works a minimum of 24 hours per week and has been in the employ of the Hospital for a period of at least six (6) months is seeking a BSN or MSN through an accredited program, the Hospital shall reimburse tuition charges (including fees) up to $3,500. per calendar year. To qualify for this benefit, the nurse must maintain a rating of “C” or better and agree to remain in the Hospital’s employ for a period of six months or be required to pay back to the Hospital any sums expended on her/his behalf.”
Section 12. Resignations
All full-time and part-time nurses must give their coordinators at least three weeks' written notice of resignation. If such notice is not given, the nurse shall not be entitled to any severance benefits provided for in this Agreement. The foregoing shall not apply in exceptional situations, where individual arrangements may be made between the nurse and the head of her department and where termination is beyond the control of the individual nurse. In such situations, the head of the nurse's department shall not unreasonably withhold approval of resignation without sufficient notification. If a registered nurse resigns and subsequently returns to regular employment within thirty days of her termination date in a position covered by this Agreement, she will be reinstated with her previous seniority date; if she resigns and subsequently returns to regular employment within one year in a position covered by this Agreement, and remains in such position for five consecutive years, the employee's original date of seniority will be reinstated, provided the nurse brings such matter to the attention of the Human Resources Department in a timely fashion.
Section 13. Labor/Management Committee
There shall be a Labor/Management committee consisting of four members designated by the MNA bargaining committee and four members designated by management which will meet every month, except during the months of July, August and December, to discuss matters of mutual interest and concern. Nurses on the committee shall be provided release time if they are otherwise scheduled to work, except that the four officers shall be paid for time spent in the meetings regardless of whether they are scheduled to work. The Association’s Associate Director assigned to the bargaining unit may attend such meetings. Items to be discussed at the meeting must be presented in writing in a proposed joint agenda at least one week before the meeting in order to be considered at that meeting, unless the parties otherwise mutually agree. Minutes of the meeting will be kept and approved no later than the following meeting.
Section 14. Certifications
The Hospital will reimburse full-time and part-time nurses who work at least an average of sixteen (16) hours per week their costs of successfully obtaining an initial certification granted by the American Nurses Association Cabinet on Nursing Services Certification Board. The Hospital will reimburse full-time and part-time nurses who are scheduled to work at least an average of sixteen (16) hours per week their costs of successful recertification. The Hospital will pay such nurses who are on the active payroll in December of each year a one-time bonus of two hundred dollars ($200.00) if they are full-time and one hundred fifty dollars ($150.00) if they are part-time.
Section 15. Transfers
If a unit is downsized the least senior nurse(s) on the shift affected will be displaced, and will be given the following options: (1) bump a less senior nurse in that unit on a different shift and/or with different hours; (2) bump the least senior nurses in any unit who has the same shift and hours; (3) bump the least senior nurse in the shift/hours that the displaced nurse wishes to assume; (4) assume an open position. The nurse affected by a bump will have the same rights in turn as outlined above. In all cases the nurse must be qualified and able to assume the duties in question with minimum orientation. The choices of all nurses affected by downsizing a unit, including those who have been bumped, must be exercised within two weeks of the date notification of the intent to downsize has been given to the Union; if not, those nurses who have not had a chance to exercise their seniority rights will only have the option to take an open position. The above procedure will be utilized when nurses are displaced because a position is eliminated or a unit is closed (except in the latter case option 1 will not apply), and the Hospital does not intend to layoff the nurse or nurses who may be displaced.
Section 16. Pay for Negotiations
A pool of two hundred fifty (250) hours shall be established to compensate bargaining unit nurses for time spent in contract negotiations.
ARTICLE IX
Section 1. Death in the Immediate Family
A nurse who works at least 32 hours per week shall be entitled to three (3) days' leave with pay from otherwise scheduled working time in the case of death in the immediate family for the purpose of attending the funeral or to take care of such matters necessarily attendant to said death; a nurse who works between 24-31 hours per week shall be entitled to up to two (2) days; and a nurse who works between 16-23 hours per week shall be entitled to up to one (1) day. "Immediate family" shall include mother, father, current mother/father-in-law, parent-substitute, spouse, spouse-equivalent, son, daughter, brother, sister, foster parents, foster children and grandchildren. In the event of the death of a grandparent, father-in-law, mother-in-law, sister-in-law or brother-in-law, a full-time nurse or a part-time nurse working at least sixteen (16) hours per week will be entitled to one (1) day's paid funeral leave to attend the funeral if the nurse was regularly scheduled to work on the day of the funeral. A full-time or part-time registered nurse will be granted one additional unpaid day off if the nurse was otherwise scheduled to work on the day following her paid leave, if requested. Authorization for such leave must be obtained in advance from the Vice President/Nursing/Patient Services or the nurse's department head, as the case may be, and such authorization shall not be unreasonably withheld.
Section 2. Liability Insurance
The Hospital shall, without cost to the nurse, provide liability insurance coverage in the amount of $100,000/$300,000.
Section 3. Worker's Compensation
The Hospital will insure each nurse under the Massachusetts Worker's
Compensation Law. A full-time or part-time nurse on Worker's Compensation may elect to draw on her unused sick leave for the difference between her compensation payment and her regular salary.
Section 4. Bulletin Boards
The Hospital will provide bulletin board spaces in Hospital-designated RN lounge areas for posting meeting notices and related materials, providing said notices are first submitted to the Human Resources Department for approval, which approval shall not be unreasonably withheld.
Section 5. Family and Medical Leave Act
Any rights granted or obligations imposed by the Agreement shall be administered in a manner consistent with The Family and Medical Leave Act.
ARTICLE X
Section 1. Dental Plan
The Hospital's present dental plans shall be continued. Details concerning the plans are available from the Vice President/Human Resources.
Section 2. Long-Term Disability Plan
The Hospital's present long-term disability plan shall be continued. Details concerning the plan are available from the Vice President, Human Resources.
Section 3. Life Insurance
The Hospital will provide life insurance in an amount of $10,000 to full-time nurses who have completed fifteen years of service, and life insurance in an amount of $5,000 to part-time nurses who are regularly scheduled to work at least thirty hours per week who have completed fifteen years of service. The Hospital will advise nurses at the beginning of the calendar year that they are eligible for the benefit during the year, and the nurse will arrange with Human Resources the completion of appropriate forms that she will have 15 years of service.
Section 4. Retirement Savings
Bargaining unit nurses shall be eligible to participate in the Hospital’s Section 403 (b) Retirement Plan in accordance with the requirements of the plan. Contributions shall be made according to the following chart:
|Years of Service |Employee Contribution |Hospital Match |
|2-5 |1% |1% |
|5-10 |2% |2% |
|10-15 |2.5% |2.5% |
|15+ |3% |3% |
The Hospital shall provide an option for automatic adjustment for wage increases, i.e., base and step increases, and/or change in scheduled hours.
ARTICLE XI
Section 1. Management Rights
The Association recognizes the right of the Hospital to operate and manage the Hospital. Without limiting the generality of the foregoing, the Hospital reserves to itself, subject only to any express provisions of the Agreement, the management of the Hospital, the right to determine the hours, schedules, and assignments of work and work tasks, to require reasonable standards of performance and the maintenance of discipline, order and efficiency, the determination of medical and nursing care standards, operational and other policies, the determination of methods and procedures, the direction of the nurses and the assignment of work, the right to hire, suspend, transfer, promote and demote for just cause, and to discharge or otherwise discipline employees for just cause, the right to lay off employees for lack of work or for other reasons, the right to require reasonable overtime work, and the right to promulgate and enforce all reasonable rules relating to operations, safety measures and other matters, providing, however, that in the exercise of the foregoing rights of management, the Hospital agrees that it will not violate the specific provisions of this Agreement.
ARTICLE XII
Section 1. Grievance Procedure
The parties recognize that certain nurse employees occupy a supervisory position and that day-to-day problems will arise which must be resolved between the nurse and her supervisor for the orderly operation of the Hospital. Settlement of such problems shall not be considered grievances nor shall they establish precedent for the resolution of other or similar problems between the nurse and her immediate supervisor or elsewhere throughout the Hospital.
Further, the parties recognize the importance of prompt disposition of any complaint at the lowest organizational level possible and will encourage the prompt resolution of grievances. To this end the parties agree that discussion meetings at each step of the grievance process shall be scheduled at the earliest mutually agreed time.
Up to eight hours of release time per month shall be granted to bargaining unit representatives engaged in grievance discussion meetings for a grievant, so long as the release time can be scheduled in a way so that it has no negative impact on operations within the unit where the representative works; this provision does not apply to attendance at arbitration hearings.
Section 2.
If a registered nurse or a group of registered nurses have a dispute as to the interpretation or application of the terms of this Agreement, they shall submit their dispute in writing to their immediate supervisor. The immediate supervisor will discuss the matter with the nurse or nurses involved and will give her answer in writing within five (5) days after such discussion occurs. A representative of the Nurses Committee may be present at the discussion of the grievance at this step.
A nurse shall present a grievance pursuant to this Section 2 within thirty (30) days after the grievant knew or had reason to know of the factual basis for the grievance.
Section 3.
If the nurse or nurses involved are not satisfied with the decision of their immediate supervisor they shall, within five (5) days appeal the matter in writing to the Vice President, Nursing/Patient Services or her designee, unless the grievance relates to an issue concerning the scheduling of the nurses, in which case they shall proceed under Section 4 below. The dispute shall be discussed with the nurse or nurses involved, and within five (5) days after such discussion occurs the Vice President, Nursing/Patient Services or her designee shall give her answer in writing. In the case of a grievance involving registered nurses in Surgical Services, the matter shall be filed with the Surgical Services Manager, and in the case of a grievance involving registered nurses in the Emergency Room, the matter shall be filed with the Medical Director. In the event that the Association so desires, a member of the Association may be present during the discussion of the grievance in this step.
Section 4.
If the nurse or nurses involved are dissatisfied with the decision of the Vice President, Nursing/Patient Services or her designee, they shall appeal the matter in writing to the Hospital President or his designee within ten (10) days. The Hospital will contact the Association within seven (7) days of receiving the matter at the President level in order to schedule a meeting to take place within a reasonable time. The President or his designee will discuss the matter with the nurse or nurses involved and will give his answer in writing within fifteen (15) days after such discussion occurs. In the event that the Association so desires, a member of the Association may be present during the discussion of the grievance in this step.
Section 5.
Nurses filing grievances in the Integrated Care Department shall submit their dispute in writing to their department director, then to the Vice President, Patient Services/CNO or his/her designee, then to the Hospital President or his/her designee. Nurses filing grievances in the education department shall submit their dispute in writing to their department head, then to the Vice President, Nursing/Patient Services or her designee, then to the Hospital President or his designee. In all other respects the parties will follow the grievance procedure set forth above.
Section 6.
The Hospital recognizes the right of the Union to proceed through grievance and arbitration as to the exercise by the Hospital of its right to require reasonable standards of performance, as set forth in Article XI.
Section 7.
The Association and the Hospital shall have the right to file a grievance, which grievance shall be instituted under Section 4 above, provided that the Association or the Hospital shall institute a grievance within sixty (60) days after it knew of or had reason to know of the factual basis for the grievance.
Section 8.
In the event the President's decision is unsatisfactory, the matter may be submitted to arbitration in the manner set forth below within thirty (30) days after the President has submitted his answer.
Section 9.
If the dispute is not resolved in the manner provided in the foregoing Sections of this Article, either party may submit the issue to arbitration within thirty (30) days. The matter shall be resolved in the following manner:
(a) Any difference as to the interpretation, application or violation of any of the provisions of this Agreement, whether asserted by the Association or by the Hospital, if not satisfactorily settled between the parties, may be referred to an arbitrator for the decision. In the event that the parties cannot mutually agree on the selection of an arbitrator, the parties shall refer the difference to the American Arbitration Association for disposition in accordance with the rules and regulations of that Association. During the term of this Agreement either party has the option to refer a case to the Labor Relations Connection (LRC) instead of the American Arbitration Association, in accordance with the rules of the LRC; both parties must affirmatively agree to continue this option beyond the term of the Agreement.
(b) The decision of the arbitrator shall be final and binding upon the parties. It is further understood and agreed that the arbitrator is bound by and must comply with all the terms and provisions of this Agreement, and shall have no authority to add to or subtract from or modify any of the terms of this Agreement or to determine any dispute involving a general wage increase or to establish or modify any wage rate set forth in this Agreement. In the event that a new job classification and wage rate are instituted by the Hospital, the matter may be subject to a grievance, and the arbitrator shall not be limited by the provisions hereof.
(c) The expenses of the arbitration shall be shared equally by the Hospital and the Association. For purposes of this Article, "days" shall not include Saturdays, Sundays, or holidays.
(d) It is agreed that all of the time elements in the foregoing Sections of this Article are of the essence. In the event that an appeal is not taken to the next step within the time limitations set forth herein, the matter shall be deemed to be resolved on the basis of the last official written resolution of the problem. If the Hospital fails to answer a grievance within the foregoing time limitations, the grievance shall be resolved in favor of the grievant. The time limitations may be extended by mutual agreement of the Hospital and the Association.
ARTICLE XIII
Section 1. Entire Agreement
No amendment or extension of or addition to this Agreement and no other agreement between the parties hereto shall be effective unless the same is embodied in a formal written agreement signed by the parties hereto.
ARTICLE XIV
Section 1. No Strikes--No Lockouts
(a) The Association agrees that during the term of this Agreement there shall be no strike of any kind whatsoever, including sympathy strike or unfair labor practice strike, slow-down, stoppage of work, sick-out, sit-in, picketing or demonstrations concerning any matter covered by this Agreement. The Hospital agrees that there shall be no lockout during the term of this Agreement.
(b) The Hospital may take disciplinary action, up to and including discharge, against any employee who instigates, participates in or gives leadership to any activity prohibited herein. Such action by the Hospital shall not be subject to the grievance and arbitration provision of this Agreement, except as to the question of whether or not the employee who was disciplined in fact instigated, participated in or gave leadership to any prohibited activity.
c) Upon notice to the Association of any violation of Paragraph (a) of this Article, the Association will immediately order both orally and in writing that such violation cease and take other appropriate action as may be required in the circumstances.
ARTICLE XV
Section 1. Per Diem Nurses
The Hospital reserves the right to create a pool of Per Diem Nurses in order to supplement and augment present staffing. It is the intention of the Hospital to utilize Per Diem Nurses only when patient care needs dictate. The Hospital will not guarantee work to a Per Diem Nurse, i.e., provide regularly scheduled hours of work or days of work, nor will it provide any benefits beyond those specifically set forth in this Article XV.
Section 2.
Per diem nurses shall be paid in accordance with Appendix A, Article II, Table of Salaries for all hours actually worked except for overtime situations where he/she shall be paid in accordance with Article 3, Section 2. Per Diem Nurses will be designated as either Level I or Level II Per Diem Nurses.
Section 3.
A Per Diem Nurse hired with less than one year’s recent experience at the lower rate of a Level I or Level II Per Diem Nurse after completing 1000 hours of employment at the Hospital will move to the higher rate.
Section 4.
The Hospital will not request a Per Diem Nurse to assume charge nurse duties; however, if she/he is properly qualified and properly oriented and agrees to work a shift as a Charge Nurse, the Nurse will receive the appropriate differential specified by the Agreement.
Section 5.
a. A Per Diem Nurse may express her/his availability for specific hours or days of work by submitting a calendar to the Nursing Administrative office in a manner consistent and to coincide with the Time Schedule Agreement (Appendix B). . Once logged the calendar will be forwarded to the appropriate department head. A Per Diem Nurse who does not submit her/his availability calendar in advance will not be included in posted time.
b. Per Diem Nurses will be designated as either Level I or Level II. A Per Diem Nurse who does not satisfy her/his commitment as a Level II Nurse in any month will automatically revert to a Level I status in the succeeding month. A nurse may with the recommendation of her/his immediate supervisor apply in writing to resume Level II status to the Vice President, Nursing Patient Services or designee.
Section 6.
A Per Diem agrees to attend a Hospital orientation program, which may be modified on an individual basis depending on the Nurse’s experience.
Section 7.
The Hospital will not use Per Diem Nurses with the result that layoffs of regular full-time and part-time Nurses will occur, or so as to reduce the hours of regular full-time and part-time Nurses.
Section 8.
The Hospital will endeavor to fill nursing vacancies with permanent staff as soon as reasonably possible, rather than continue to fill vacancies with Per Diem nurses.
Section 9.
a. Cancellation of Per Diem Nurses either by the Hospital or Nurse must be a minimum of one (1) hour in advance for a 7am-3pm shift and a minimum of four (4) hours in advance for 3pm-11pm and 11pm-7am shifts. If the Hospital fails to notify the Per Diem accordingly and the Nurse arrives prepared to work, she/he shall be paid for two hours of work for the shift if no work is available.
b. The Hospital will notify Per Diem Nurses at least one hour in advance of their scheduled shift if the Hospital wishes to assign them to an area outside of their specialty. If after Per Diem Nurses have reported to their unit it becomes necessary to float Nurses to units outside of their specialty, Per Diem Nurses will be assigned to float on the same basis as those Registered Nurses regularly assigned to the unit. Specialty areas are grouped as follows: Critical Care (ICU/CCU/CCC); Med Surg (H4, H5 and R4).
c. A nurse who rejects/cancels more than two (2) confirmed shifts in a six month period or more than four (4) confirmed shifts in a one-year period based on her/his expressed availability may be removed from the Per Diem list.
Section 10.
a. Level I Per Diem Nurses must commit to work every fourth weekend or two weekend shifts; in addition they must commit to work one of the following holidays: July 4th, Labor Day, Thanksgiving, Christmas, New Years (which is considered part of the holiday commitment for the year ending). Level II Per Diem Nurses must commit to work six shifts per month including every fourth weekend or two weekend shifts; in addition they must commit to work two of the following holidays: July 4th, Labor Day, Thanksgiving, Christmas, New Years (which is considered part of the holiday commitment for the year ending).
b. Per Diem Nurses are required to accept on-call assignments in areas where on-call is required. Per Diem Nurses are required to provide weekend and on-call (per Article II, Section 7) availability at one-half (1/2) the commitment level of other bargaining unit nurses in their respective areas. In areas where weekend/holiday coverage is not needed, the minimum shift commitment for Level I is two per month and level II is six per month.
c. A Per Diem who does not satisfy her commitment shall be removed from the Per Diem list unless her immediate supervisor or designee verifies that she/he is not needed after being confirmed.
Section 11. Per Diem Nurses shall not accrue bargaining unit seniority. In the event a regularly scheduled nurse transfers to a per diem position her/his seniority shall be frozen. In the event the nurse later transfers back to a regularly scheduled position she/he shall be given credit for prior service time exclusive of the per diem time. A Per Diem Nurse who assumes a regularly scheduled position shall be compensated pursuant to the first sentence of Article 11, Section 3 of the Agreement, except that nurses who have prior bargaining unit service shall not be subject to the hiring wage step cap.
ARTICLE XVI
HEALTH & SAFETY
Section 1. Workplace Violence
Workplace Violence is defined as physical assault, threatening behavior or verbal abuse occurring in the work setting’ (NIOSH). The Hospital recognizes the potential for workplace violence and recognizes its responsibility to provide a safe environment for employees, patients, medical staff and visitors. To meet this responsibility the Hospital will establish and implement initiatives including, but not limited to, a mechanism to address nursing involvement in policy development of security measures, staff education in the recognition, avoidance and diffusion of potentially violent situations, professional debriefing of Hospital personnel exposed to in-Hospital violence with options for further counseling, and the use of trained security personnel. Further, the Hospital recognizes and supports the individual nurse’s right to notify the police if he/she has been assaulted as well as the Hospital’s obligation to work collaboratively with outside agencies as appropriate.
Section 2. Ergonomic/Musculoskeletal Injuries
The Hospital recognizes ergonomic stressors as ‘physical demands that have been associated with certain musculoskeletal disorders’ (OSHA). The Hospital is committed to recognizing the ergonomic stressors that exist in the Hospital work environment and implementing practical measures to control such stressors. To that end, the Hospital agrees to the following strategies as a minimum:
A. Lifting devices shall be readily available. All nurses may make requests for the purchase of additional or different devices for lifting/moving/transferring of patients. Requests may be made in writing to the Vice President of Patient Care. All requests will be responded to in writing.
B. The Hospital will run “Back Safety” education programs at least once a year which will provide participants the opportunity to learn about practices and equipment, including patient handling equipment that is effective in preventing musculoskeletal injuries.
ARTICLE 17
SUCCESSORSHIP
Section 1.
If the ownership, operation or control of the Hospital is changed through sale, acquision, merger or other similar business transaction, the Hospital shall include a term in the agreement memorializing such transaction that states that any successor employer as that term is defined under federal labor law will recognize the Association within the same bargaining unit as existed before the transaction and be bound by the terms of this Agreement. The Hospital’s obligation to the Association will be satisfied upon the inclusion of this term in the agreement memorializing such transaction and the provision of proof to the Association by the Hospital of the terms inclusion in such agreement. The parties acknowledge that the Hospital shall not be a guarantor of the assumption of this Agreement by a successor employer and that the Hospital shall not be liable for any breach by a successor employer as that term is defined under federal labor law of this agreement or the agreement memorializing a transaction contemplated by this section. The parties agree that nothing herein shall operate to impose this Agreement on any employees not includable in the bargaining unit described in the Agreement.
Section 2.
In the event of any combination of nurses from separate Association bargaining units, including the transfer of nurses from one bargaining unit to another, as the result of a sale, transfer, merger, acquisition, affiliation, consolidation, or otherwise, the seniority of the nurses shall be dovetailed with that of the nurses in the Hospital’s bargaining unit.
ARTICLE XVIII
Section 1. Duration and Renewal
The preceding provisions of this Agreement will remain in full force and effect through October 7, 2013, and will continue in effect from year to year thereafter unless written notice of a desire to modify or terminate this Agreement is given by either party to the other ninety (90) days prior to October 7, 2013 or prior to October 1 of any year thereafter.
IN WITNESS WHEREOF, the parties hereto have caused their names to be subscribed by their duly authorized officers and representatives this day of 2012.
LAWRENCE GENERAL HOSPITAL MASSACHUSETTS NURSES ASSOCIATION
Julie Pinkham, RN, Executive Director
Jim Kane, Associate Director
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Appendix A
Table of Salaries
•
|Lawrence General | | | | | |
|wage scale | | | | | |
| | | | |1% ATB w/1.5% increase to top |1% ATB w/1.5% increase to top |
| | |current | |1/1/2012 |10/7/2012 |
|step 1 | | $ 29.24 | | $ 29.53 | $ 29.83 |
|step 2 | | $ 30.42 | | $ 30.73 | $ 31.04 |
|step 3 | | $ 31.47 | | $ 31.78 | $ 32.10 |
|step 4 | | $ 32.74 | | $ 33.07 | $ 33.40 |
|step 5 | | $ 34.16 | | $ 34.51 | $ 34.85 |
|step 6 | | $ 35.54 | | $ 35.89 | $ 36.25 |
|step 7 | | $ 36.95 | | $ 37.32 | $ 37.69 |
|step 8 | | $ 38.43 | | $ 38.81 | $ 39.20 |
|step 9 | | $ 40.19 | | $ 40.59 | $ 41.00 |
|step 10 | | $ 41.40 | | $ 41.81 | $ 42.23 |
|step 11 | | $ 42.65 | | $ 43.08 | $ 43.51 |
|step 12 | | $ 43.93 | | $ 44.37 | $ 44.82 |
|step 13 | | $ 45.25 | | $ 45.70 | $ 46.16 |
|step 14 | | $ 46.61 | | $ 47.08 | $ 47.55 |
|step 15 | | $ 48.00 | | $ 48.48 | $ 48.97 |
|step 16 | | $ 49.44 | | $ 49.94 | $ 50.44 |
|step 17 | | $ 50.93 | | $ 51.44 | $ 51.95 |
|20-yr step | | $ 52.71 | | $ 53.50 | $ 54.31 |
(a) The classifications set forth fall into the following categories: 1) registered nurses who are assigned to units with twenty-four operations and who work rotating shifts, weekends and holidays, or who are assigned to units with limited rotation, weekends and holidays but which include on-call requirements; 2) registered nurses who are assigned to units with other than twenty-four operations but who are expected to work some limited rotation but are not required to take call; 3) registered nurses who are assigned to units that operate mainly weekdays, and who do not rotate or work weekends or holidays.
(b) Assistant Head Nurses will be offered charge responsibilities before anyone else on their shift.
(c) Additional $100.00 per week on Staff Nurse weekly rate shall be paid to the instructors provided the instructor works a minimum of 32 hours per week and has a BSN (nurse will not receive additional differential for BSN, will receive additional differential for MSN) pro rata that amount if she works less than 32 hours per week. Nurses who receive the instructor’s differential now without the BSN degree will be paid $50/week regardless of hours regularly worked.
d) The Childbirth Educator shall be paid at her regular rate of pay for all hours worked, and at the overtime rate as applicable.
e) The “Special Staffing Programs” (32/40) shall be eliminated effective March 31, 2013. The Hospital will increase the scheduled hours per week from 32 to 40 for those registered nurses currently on the 32/40 program who inform the Hospital in writing no later than December 31, 2012 that they wish to assume a 40-hour schedule as of April 1, 2013. Nurses who wish to assume a 40-hour schedule understand that they may not always be able to be scheduled on their same unit and/or same shift for the additional eight hours of work.
1. RNs shall advance to the next step on her/his anniversary date each year up to the step below the 20-year step. RNs will advance to the 20-year step after 20 years as an RN at LGH.
2. Per Diem rates:
|per diem wages | |current |RATIFICATION |10/7/2012 |
| | | | | |
|level 1 | | | | |
|< 1yr | |$33.48 | $ 40.75 | $ 41.16 |
| | | | | |
|level 2 | | | | |
|< 1 yr | |$36.40 | $ 44.50 | $ 44.95 |
| | | | | |
|11P-7P | | |$47.50 | $ 47.98 |
Appendix B
Time Schedules Agreement
Between
Lawrence General Hospital
And
Massachusetts Nurses Association
The Hospital and the MNA have agreed to the following:
1. Schedules will be done in four week time blocks. Requests must be in two weeks in advance of the posting of the schedule. (Requests deadline and schedule posting will always be a Thursday). Nurses may include requests for straight time extras availability for the four week time schedule. Requests and straight time availability will be given by seniority on a rotating basis for regularly scheduled nurses. Per diems may provide availability at this time. Per diem nurses will be confirmed on the schedule in accordance with the procedure in paragraph #3 below.
2. Schedule will be posted with the “holes list” (available time) two weeks in advance of the schedule time period on Thursday by 2 pm. All posted scheduled time is confirmed and not subject to change unless agreed by the nurse. In order to keep shift rotations to a minimum, managers will make best efforts to schedule nurses for their regular shift. Rotations will be identified and both the rotation shift and the regular shift will be posted on the “holes list”. Once a rotation shift is assigned the nurse will be given credit for the rotation whether or not he/she ultimately works the rotation shift. It is understood that there may be instances when rotation does not create a “hole” on the regular shift. Such occurrences are the exception. MNA may bring such occurrences to the attention of the appropriate Director seeking a satisfactory resolution.
3. Nurses must sign up for straight time or overtime extras posted on the holes list by the following Wednesday at 4:00pm. The confirmed extra shifts will be posted on Thursday by 2pm. Nurses assigned rotation shifts will be offered the opportunity to revert to her/his regular shift provided another nurse has signed up to work the rotation shift on the “holes list”.
Rules for confirming shifts:
1. Straight time scheduled staff
2. Per diems
3. Over time Shifts
4. The schedule including confirmed extras will be posted on Thursday by 2:00pm. Overtime shifts will be confirmed weekly on Mondays by 2pm for the following week. A confirmed overtime shift shall count as the nurse’s turn whether or not the nurse ultimately works the overtime shift.
5. Thanksgiving, Christmas, New Years – request by October 1st and posted by October 15th of each year.
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