KADLEC REGIONAL MEDICAL CENTER

Transcription

1 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN Kadlec Regional Medical Center and SEIU Healthcare 1199NW KADLEC REGIONAL MEDICAL CENTER

2 Agreement Between SEIU Healthcare 1199NW and Kadlec Regional Medical Center November 16, 2018 December 31, 2020

3 Contents Preamble... 1 Article 1 - Recognition Recognition New Positions Article 2 Union Membership Membership Opt Out Newly Hired Employees Religious Objection Notification and Conditions Dues Deduction Bargaining Unit Roster Voluntary Political Action Fund Deduction... 2 Article 3 - Union Representation Access to Premises Union Meetings Bulletin Boards Union Delegates New Hire Orientation Job Description and Contract Article 4 Definitions Full Time Employee Part Time Employee Per Diem Employee Per Diem Status Review Probationary Employee Preceptor Article 5 Seniority Definition Termination Floating Article 6 Employment Practices Job Opportunities Department Openings i

4 6.1.3 FTE Changes Employee Transfers Day Performance Review Notice of Resignation Equal Opportunity Shift Changes Work Assignments Discipline and Discharge Personnel Files Contracting Out Staff Development In-Service Education Tuition Reimbursement Approval/Denial of Tuition Reimbursement Resource Team Article 7 Hours of Work and Overtime Work Day Work Period Innovative Work Schedules/Flexible Work Schedules Work Schedules Low Census/Reduction in Hours Overtime Meal/Rest Periods Temporary Assignments Rest Between Shifts Extra Hours of Work Standby Callback Standby/Callback Hours Service Line Lead Article 8 Wages and Premium Pay Shift Differential Bachelors/Certification Premium Lead Premium Preceptor Premium ii

5 8.5 Weekend Premium Step Schedule Wages Wages Wage Increases Recognition for Past Experience Per Diem Premium Minimum Wage Article 9 Health and Safety Safe Workplace Alcohol and/or Chemical Dependency Health and Safety Hepatitis B Vaccine and Hepatitis C Exposure Tuberculosis Exposure Control Program Safety Committee Safe Patient Handling Article 10- Reorganization: Seniority/Restructure/Layoff Restructure Layoff and Recall...14 Article 11 Paid Time Off Paid Time Off Work on a Holiday PTO Scheduling Qualifying Reasons to Use PTO-Safe Sick Holiday PTO Scheduling Maximum Accumulation Paid Time Off Accrual Rates (based on a full-time (1.0 FTE 40-hours a week) employee: PTO Donations Article 12 Extended Illness Benefits, Short-Term Disability and Paid Parental Leave Benefit Use of EIB Short-Term Disability Benefit Paid Parental Leave Benefit Article 13 Leave of Absence General Family and Medical Leave Jury Duty and Witness Services iii

6 13.4 Bereavement Leave Personal Leave Military Leave Effect of Leave Return from Leave Leave without Pay Education Leave ARTICLE 14 BENEFITS Health, Life and Long-Term Disability Dependents Medical Plan Assistance Program Other Insurance and/or Benefits Retirement Plan Tax Deferred Annuity/Matching Plan Plan Changes Article 15 Grievance Procedure Grievance Defined Time Limits Step 1 Employee and Immediate Supervisor Step 2 Employee and Department Head Step 3 Employee and Chief Executive Officer or Designee Step 4 Arbitration Arbitration Decision Arbitration Fees Termination Article 16 Labor Management Committees Labor Management Committees Compensation Federal Mediation and Conciliation Service Unit/Department Committees Article 17 No Strike/Lockout...23 iv

7 17.1 No Strike Discharge No Lockout Article 18 Management Rights...24 Article 19 General Provisions Effect of Invalidity Amendments Article 20- Entire Agreement...24 Article 21 - Duration...25 APPENDIX A LETTERS OF UNDERSTANDING...28 v

8 PREAMBLE This Agreement is made and entered into by and between Kadlec Regional Medical Center (hereinafter referred to as the Employer or Kadlec Regional Medical Center ) and SEIU Healthcare 1199 NW, Hospital and Health Care Employees Union, SEIU (hereinafter referred to as the Union ). The purpose of this Agreement is to set forth the understanding reached between the parties with respect to wages, hours of work and conditions of employment. Article 1 - Recognition 1.1 Recognition. Kadlec ( Employer or the Medical Center ) recognizes the Union as the sole and exclusive bargaining representative of all full-time, regular part-time, and per diem employees (as referenced in Appendix A), employed by the Employer at its Kadlec located at 888 Swift Blvd, Richland, WA and its Kadlec Outpatient Imaging Center located at 945 Goethals, Richland, Washington; excluding all other employees, employees at other locations, professionals and guards and supervisors as defined in the Act. 1.2 New Positions. New job classifications established during the term of this Agreement will be covered by this Agreement unless they are not within the Union s jurisdiction established by the description of its bargaining unit as set forth in Article 1.1. The Union will be notified of any new classifications within these parameters established by the Employer. Article 2 Union Membership 2.1 Membership. Unless employees are eligible for and utilize the opt-out process described below, employees who are members of the Union at the time of ratification of this Agreement shall as a condition of employment, maintain their membership in the Union or agree to pay to the Union a fair share/representation fee as established by the Union Opt Out. Medical Center employees who are employed on the date of ratification of this Agreement and who do not wish to be members of the Union may decline continuing membership in the Union or paying a fair share/representation fee by providing written notice of such intent to the Union by certified mail, with a postmarked date on or before the date following 30-days of the date of ratification. The notice shall be placed in the employee s personnel file. Employees who have declined to become a member of the Union or have already sent a notice withdrawing from membership and provided such notice to Human Resources for placement in their personnel file, do not need to take any further action. In the event the employee has not provided such notice, the employee shall be required, as a condition of employment, to join the Union within sixty (60) days of the execution of this Agreement or pay a fair share/representation fee and to maintain membership and/or pay the required fees consistent with Section Newly Hired Employees. Employees hired after the ratification of this Agreement shall be required, as a condition of employment, to join the Union within thirty (30) days of the date of hire and to maintain membership in the Union consistent with Section Religious Objection. Any employee who is a member of and adheres to established and traditional tenets or teachings of a bona fide religion, body, or sect which has historically held conscientious objections to joining or financially supporting labor organizations shall not be 1

9 required to join or financially support the Union as a condition of employment. Such an employee shall, in lieu of dues and fees, pay sums equal to such dues and fees to a non-religious charitable fund. These religious objections and decisions as to which fund will be used must be documented and declared in writing to the Union. Any employee exercising the right of religious objection must provide the Union with a receipt of payment to an appropriate charity on a monthly basis Notification and Conditions. The Medical Center will notify employees of membership requirements/options at time of hire or ratification. Employees who fail to maintain membership requirements as defined herein shall be discharged by the Employer within thirty (30) calendar days after receiving written notice from the Union unless the employee fulfills the membership obligations set forth in this Agreement. 2.2 Dues Deduction. During the term of the Agreement, the Employer will deduct dues or fees from the pay of each member of the Union who voluntarily executes and has not revoked, a wage assignment authorization form. When filed with the Employer, the authorization form will be promptly transmitted to the Union monthly by check payable to the Union. Upon issuance and sending of the check to the Union, the Employer s responsibility shall cease with respect to such deductions. The Union and each employee authorizing the assignment of wages for the payment of Union dues and agency fees will indemnify and hold the Employer harmless from all claims, demands, suits or other forms of liability which may arise against the Employer for or on account of any deduction made from the wages of such employees. 2.3 Bargaining Unit Roster. On a monthly basis, the Employer shall provide the Union with a list of the employees in the bargaining unit, their employee identification number, home address and telephone number, position/job classification held, status (i.e., full-time, per diem), date of hire, and current rate of pay. The Employer will also provide a list of employees who have terminated from a bargaining unit position during the month since the previous list was provided. 2.4 Voluntary Political Action Fund Deduction The Employer shall deduct the sum specified from the pay of each member of the Union who voluntarily executes a political action contribution wage assignment authorization form. When filed with the Employer, the authorization form will be honored in accordance with its terms. The authorization form will remain in effect until revoked in writing by the employee. The amount deducted and a roster of all employees using payroll deduction for voluntary political action contributions will be promptly transmitted to the Union by separate check payable to its order. Upon issuance and transmission of a check to the Union, the Employer s responsibility shall cease with respect to such deductions. The Union and each employee authorizing the assignment of wages for the payment of voluntary political action contributions hereby undertake to indemnify and hold the Employer harmless from all claims, demands, suits or other forms of liability that may arise against the Employer for or on behalf of any deduction made from wages of such employee. The parties recognize that the Union is obligated under the Federal Election Campaign Act (FECA) to reimburse the Employer for its reasonable cost of administering the COPE check off in the parties Collective Bargaining Agreement. The Employer and the Union agree that one-quarter of one percent (.25%) of all amounts checked off is a reasonable amount to cover the Employer s costs of administering this check off. Accordingly, the parties agree that the Employer will retain one-quarter of one percent (.25%) of all amounts deducted pursuant to the COPE check off provision in the parties Collective Bargaining Agreement to reimburse the Employer for its reasonable costs of administering the check off. Further, 2

10 the parties agree that the Union will be responsible for any costs and expenses associated with the setup/programming of the deduction, and will promptly reimburse the Employer for any such costs and expenses after being notified by the Employer of those costs and expenses. Article 3 - Union Representation 3.1 Access to Premises. Duly authorized Representatives of the Union may have access at reasonable times to those areas of the Employer s premises which are open to the general public for the purpose of investigating grievances and contract compliance. Union Representatives shall not have access to employee lounges and patient care areas unless advance approval has been obtained from the Employer. Access to the Employer s premises shall be subject to the same general rules applicable to other non-employees. Union Representatives shall not interfere with or disturb employees in the performance of their work during working hours and shall not interfere with patient care or the normal operation of the Medical Center. 3.2 Union Meetings. In accordance with Kadlec policy, the Union may use designated meeting rooms of the Employer for meetings of the local unit, provided sufficient advance request of the facility is made through the Human Resources Department or designee in accordance with Kadlec policies and procedures and space is available. 3.3 Bulletin Boards. The Union may post local unit meeting notices and union materials related to its representation of bargaining unit members on currently designated bulletin boards for union postings in departments and units. All materials posted must be dated, signed by a designated union representative, and provided upon request to the Human Resources Department. The Union and each bargaining unit employee agree to limit the posting of Union materials to this designated bulletin boards. 3.4 Union Delegates. A list of Union Officers, Delegates, and alternate Delegates from the bargaining unit, elected in accordance with District By-Laws, shall be provided to the Employer. Unless otherwise agreed to by the Employer, the investigation of grievances and other union business shall be conducted only during non-working time, and shall not interfere with the work of other employees and patient care. Subject to appropriate advance notice and scheduling requirements, up to 12 Union Officers, Delegates and Contract Committee members shall be allowed to take unpaid release time or PTO to attend one day of training provided by the Union each calendar year, subject to operating needs of the Employer. 3.5 New Hire Orientation. With prior supervisory approval, a delegate or designee/officer may meet with new employees immediately after orientation, at a mutually agreeable time to introduce employees to the Union and the Union contract. The meeting shall not exceed one quarter (1/4) hour in duration, and shall be on unpaid time for the delegate/officer. The meeting shall be considered paid time for the new bargaining unit employees. The Employer will endeavor to provide the Union with a list of all employees scheduled for the orientation by the end of the week prior to orientation. This list shall include the bargaining unit employee(s), job classification, department and phone number for the employee(s) attending the orientation. If a list is not available prior to orientation, the Employer shall provide it by the end of the week following orientation. 3

11 3.6 Job Description and Contract. The Medical Center will maintain job descriptions for all positions covered by this Agreement. Employees will have access to the job descriptions and copies will be made available to the Union upon request. Upon initial employment in a bargaining unit position, employees will be given access to an electronic copy to the current Agreement. Article 4 Definitions 4.1 Full Time Employee. Unless otherwise specified employee who has successfully completed the required probationary period and who is employed in a position of forty (40) hours per week, eighty (80) hours in a fourteen (14) day period or an employee who is employed in a position of three twelve (12) hour shifts per week (36 hours) shall be considered a full-time employee. 4.2 Part Time Employee. An employee who has successfully completed the required probationary period and who is employed in a position for less than forty (40) hours per week or eighty (80) hours per pay period. 4.3 Per Diem Employee. An employee hired to augment the regular work force in the event of an emergency or other temporary business need, to relieve regular employees because of illness, leave of absence or other absenteeism, or to work during holidays or vacation periods. Per diem employees may be eligible for time off and/or other benefits in accordance with federal, state and municipal law and/or the terms and conditions of any applicable plan documents. Per diem employees shall be subject to departmental availability guidelines and competency requirements. Per Diem employees are eligible to receive the same shift differentials and/or premium pay as full and part-time employees in their same job classification. Upon hire of a per diem employee to a regular FTE position, all days actually worked in a per diem status position in the same job classification will count toward the probationary period in the FTE position Per Diem Status Review. Per diem employees who have been working on a regular basis for over five (5) months, can request to have an objective, good faith review with their manager and the Director of Human Resources to determine if a position should be posted. The Director of Human Resources and/or his/her designee will, in good faith, work to complete the review as expeditiously as possible. This review shall not apply when these additional hours/days are assigned to special projects, training, covering posted vacant position, vacation coverage, coverage for sick leave, and leaves of absence. Any new position must go through the normal approval process and if approved, it will be filled in accordance with Article and Job Postings. 4.4 Probationary Employee. The first ninety (90) calendar days of employment for full-time employees and the first one hundred and eighty (180) calendar days of employment for part-time and per diem employees shall be a probationary period. After either ninety (90) or one hundred and eighty (180) calendar days of continuous employment, the employee shall attain regular status unless specifically advised by the Employer in writing of an extended probationary period up to an additional ninety (90) days. Any extension of the probationary period will not adversely impact the accrual of, or eligibility for, or utilization of benefits. During the probationary period, an employee may be discharged without notice and without recourse to the grievance procedure. 4

12 4.5 Preceptor. A preceptor is an experienced employee, currently competent in the specific duties in which the new employee is being trained, who is designated at the discretion of the Medical Center, and has completed the Medical Center's preceptor training program. The preceptor is assigned specific responsibility for planning, organizing, teaching and evaluating the skill development of a new employee. The employee is enrolled in a defined preceptor program, the parameters of which have been set forth in writing by the Employer. Inherent in the preceptor role is the responsibility for specific, criteria-based and goal-directed education, training and documentation of the trainee's progress for a specific training period. The period in which the new staff member is precepted is defined as the identified period of time for planned and supervised learning experiences in which the new employee is not expected to perform independently. The preceptor evaluates the new employee s competence in critical thinking ability as well as assessment and technical skills during this time period. Department management will determine the need for a preceptor program and the selection of the preceptors. If it is determined to have a preceptor program in a department, managers and staff of the department will collaborate to develop the criteria for the preceptor program. Preceptors will be assigned on a voluntary basis to the extent possible. It is understood that employees, in the ordinary course of their responsibilities, will be expected to participate in the general orientation process of new employees including the safety orientation checklist, basic equipment operation, general processes and procedures. An employee who is providing general orientation is not considered to be a preceptor under this Section. Article 5 Seniority 5.1 Definition. Seniority shall be defined as an employee s length of service with the Employer based upon calendar days since the most recent date of hire. Seniority shall not apply to an employee until completion of the required probationary period. Upon satisfactory completion of the probationary period, the newly hire employee shall be credited with seniority from most recent date of hire. Per Diem employees shall not accrue seniority. 5.2 Termination. Seniority under this Agreement shall terminate upon cessation of the employment relationship; for example, discharge, resignation, acceptance of severance benefits, retirement, failure to be recalled within six (6) months following layoff or failure to comply with recall procedures specified by the Employer. When seniority terminates, the employee shall, if ever re-employed, be regarded as a new employee without seniority. 5.3 Floating. The Employer retains the right to change an employee s daily work assignment on a shiftby-shift basis by floating the employee to another work area to meet patient care needs. Additionally, employees who are primarily scheduled to work in a unit/department, who have been oriented to another unit/department, may also be scheduled periodically to work in the other unit/department in order to maintain their orientation to and skills in the other unit/department. Employees will be expected to perform all basic job functions when floating. If an employee is required to float to an area to which the employee has not been oriented, the employee shall receive a brief orientation to the unit s routines and physical layout. Orientation will be dependent upon the employee s previous experience and familiarity with the operational area to which such employee is assigned to float. If during a floating assignment an employee is asked to perform a task or procedure for which the employee does not feel qualified or trained to perform, it is the employee s obligation to immediately discuss with the appropriate supervisor the tasks the employee believes s/he is not qualified to perform. 5

13 5.3.1 Orientation to cluster units will be provided and repeated upon request. Article 6 Employment Practices 6.1 Job Opportunities Positions will be posted for seven (7) days before filling and will be made available electronically and be ed to all employees of the unit/department. For those units with irregular access or use of computers, employees may request that paper postings be posted on the unit/department bulletin board. They may also be posted at the house-wide level simultaneously with a unit/department posting. FTE, shift, and shift length will be included in all job postings. When a regular job opening occurs within the bargaining unit, seniority shall be the determining factor in filling such vacancy providing the applicants skills and ability are considered substantially equal in the opinion of the Employer Department Openings. Internal applications will be considered before other applications and internal transfer applications from within the unit/department will have preference over applications by employees not within the unit/department. When a position can be filled from within the unit/department, a house-wide posting may be waived by the Employer. Where qualifications are considered by the Employer to be equal, seniority will be given preference. For purposes of this Agreement the term qualified is herein defined to include such factors as skill, competence, and ability, in the opinion of the Employer. For purposes of job postings provided that skill, competence and abilities are considered equal in the opinion of the Employer, the Cardiac Cath Lab, Cardiac EP Lab and the Interventional Radiology will be considered one unit FTE Changes. Employees who wish to voluntarily decrease their FTE shall submit the request in writing and specify the desired permanent change. The change is subject to manager approval. Changes, if any, will be made with priority consideration to bargaining unit seniority within the same job classification Employee Transfers. Employees shall be required to give at least twenty-eight (28) calendar days notice of transfer to their current manager. Whenever possible, the effective date of transfer should coincide with the start of a pay period. A good faith effort will be made by the Medical Center to release the employee within five (5) weeks. If the transfer is not made within five (5) weeks, the employee will be notified. In any case, (assuming all offer contingencies have been met), the transfer will be made within ninety (90) days. Employees who accept a transfer may not apply for another opening for a period of six (6) months from the effective date of the transfer unless approved by the employee's manager Day Performance Review. Any employee selected for a new position will be subject to a ninety (90) day performance review. The employee will, when deemed appropriate, receive training in order to achieve clearly defined goals specific to their new position to help to assure success. If the employee is unable to successfully perform the duties of the position during the 6

14 trial period in management's opinion based on established job criteria and, if the employee is otherwise in good standing, the employee will be returned to the employee's prior position if the employee's former position is still vacant. If the employee s former position is not available, the employee will be eligible to apply for any position in their prior job classification and allowed to use their medical center seniority for bidding purposes. 6.2 Notice of Resignation. Employees shall be required to give at least fourteen (14) calendar days written notice of resignation. Failure to give notice shall result in loss of accrued paid time off (PTO). Once the notice is given, the Employer will have the discretion to disapprove prior approval of paid time off (PTO). The Employer will give consideration to situations that would make such notice by the employee impossible. 6.3 Equal Opportunity. The Employer and the Union agree that there shall be no unlawful discrimination under applicable law including discrimination against any employee or applicant for employment because of race, color, creed, national origin, religion, sex, age, disability, marital status, sexual orientation or Union membership unless any one of the foregoing factors constitutes a bona fide occupational qualification. 6.4 Shift Changes. Seniority shall be determining factor in shift changes within a department provided that skill, ability, experience, are equal in the opinion of the Employer as per article Work Assignments. In addition to skills, competence, ability and prior job performance, seniority shall be considered when assigning work assignment within a department (as defined in Subsection 6.2.2) that are expected to last longer than three (3) months. 6.6 Discipline and Discharge. No full-time or part-time employee shall be disciplined or discharged except for just cause. The parties agree that discipline should be progressive in nature, according to the following pattern: verbal warning, written warning, final written warning and discharge. A copy of all written disciplinary actions shall be given to the employee. Employees shall be required to sign the written disciplinary action for the purpose of acknowledging receipt thereof. Progressive discipline shall not be applied when the nature of the offense requires immediate suspension or discharge. An employee may request the attendance of a union representative during any investigatory meeting which may lead to disciplinary action, and may request the assistance of an interpreter. Management will make a good faith effort to notify employees of the right to a representative and an interpreter. Corrective and/or disciplinary actions shall remain in the employee s personnel file. However, disciplinary actions for attendance and/or performance unrelated to patient care or serious behavior/conduct violations that are more than three (3) years old will not be considered for purposes of progressive discipline, but may be considered for purposes of notice to employees about workplace rules and policies. 6.7 Personnel Files. Personnel files will be maintained by the organization for each employee. By appointment, employees may inspect their Human Resources files within a reasonable timeframe and within no later than 3 business days. A Human Resources representative or designee will be in attendance. Upon request, an employee will be given a copy of any material in the employee s personnel file. A copy fee may be charged. Employees may respond in writing to any documents contained in their personnel file. 6.8 Contracting Out. The Employer agrees to give sixty (60) days advance notice to the Union of any 7

15 decision to contract out which will result in the elimination of an entire unit, the department or facility. Upon request by the Union, the Employer agrees to meet to discuss the implications of an alternative(s) to the decision. 6.9 Staff Development. The Employer shall maintain a regular and on-going in-service education program to promote quality patient care and develop staff potential. The Employer will endeavor to schedule such programs to be available for all staff. Programs will be communicated via or in person in advance and will indicate if attendance is mandatory. Employees required by the Employer to attend in service education during off duty hours will be paid at the employee's regular rate of pay. The Labor Management Committee will have a quarterly agenda item to discuss: new and upcoming educational opportunities, additional educational interests from employees, and review the offerings for mandatory education classes to evaluate if enough classes are being offered at appropriate times to accommodate variable shifts In-Service Education. The Employer shall maintain a regular and on-going in-service education program to promote quality patient care and develop staff potential. The Employer will endeavor to schedule such programs to be available for all staff. Programs will be communicated via or in person in advance and will indicate if attendance is mandatory. Employees required by the Employer to attend in service education during off duty hours will be paid at the employee s regular rate of pay. The Labor Management Committee will have a quarterly agenda item to discuss: new and upcoming educational opportunities, additional educational interests from employees, and review the offerings for mandatory education classes to evaluate if enough classes are being offered at appropriate times to accommodate variable shifts Tuition Reimbursement. The Employer agrees to provide tuition reimbursement benefits, up to $ per calendar year for covered expenses, and consistent with Medical Center policy regarding the application, approval and use of such reimbursement benefits. Employees may request and receive tuition reimbursement benefits prior to incurring and paying for the covered expense, i.e., upfront, through the Medical Center s existing tuition reimbursement process. Alternatively, employees may, beginning January 1, 2019, utilize the automated tuition reimbursement program to request tuition reimbursement after enrolling, paying tuition, and demonstrating successful completion of his/her coursework. If employees utilize the automated program, full-time employees will be eligible for up to $3350 per calendar year for covered expenses and part-time employees will be eligible for up to $3300 per calendar year for covered expenses. The Medical Center may require bargaining unit employees who receive tuition reimbursement benefits to pay back the Medical Center if the employee fails to meet the minimum service requirements established by the Medical Center. Nothing in this Article prevents the Employer from increasing the amount of tuition reimbursement benefits available to bargaining unit members during the life of this Agreement Approval/Denial of Tuition Reimbursement. An employee who is requesting tuition 8

16 reimbursement must submit his/her request for reimbursement to his/her manager and Human Resources (if necessary) who will consider whether the request is consistent with the Medical Center s tuition reimbursement policy. If the employee s request for tuition reimbursement is denied, the employee may request that the denial be given in writing, and the Union may file a grievance on the employee s behalf; however, any such grievance may only be pursued through Step 3 of the Grievance Process set forth in Article 15 of this Agreement unless there becomes a pattern of tuition reimbursement denials. Denials may also be placed on the Labor Management Committee agenda for discussion Resource Team. An employee is designated as a resource team member when the employee or potential employee applies for and accepts a position as a CNA/HUC on the Resource team. The Resource team employee is scheduled to float in order to meet staffing/patient care needs. Employees on the Resource Team shall receive a four (4) percent premium for each hour worked on the Resource Team. Patient Sitters do not qualify for this premium. Article 7 Hours of Work and Overtime 7.1 Work Day. The normal work day shall consist of up to eight (8) hours work to be completed within eight and one-half (8 ½) consecutive hours or a ten (10) hour shift which consist of then (10) hours of work to be completed within ten and one-half (10 ½) consecutive hours, or a twelve (12) hour shift which consists of twelve (12) hours of work to be completed within twelve and one-half (12 ½) consecutive hours. 7.2 Work Period The normal work period shall consist of forty (40) hours of work within a seven (7) day period or eighty (80) hours of work within a fourteen (14) day period. 7.3 Innovative Work Schedules/Flexible Work Schedules. A flexible schedule is defined as a work schedule that requires a change, modification or waiver of certain provisions of this Employment Agreement. Flexible work schedules may be established by mutual agreement between the Kadlec and the employee involved. Prior to the implementation of a new flexible work schedule, the Employer and the affected employee(s) will review and determine conditions of employment relating to that new work schedule. Where the flexible work schedules are utilized, the Employer retains the right to revert back to the employees work schedule that was in effect immediately before the innovative work schedule, provided the Employer gives fourteen (14) days advance notice to the employee(s), or less notice by mutual consent between the Employer and employee(s). 7.4 Work Schedules. The employer retains the right to adjust work and call schedules to maintain an efficient and orderly operation. The Employer shall determine and post monthly work and call schedules no less than two (2) weeks preceding the expiration of the current schedule. Posted schedules may be amended by mutual agreement between the employee and the employee s supervisor and/or special circumstances (i.e. An unexpected leave of absence). Any request for special scheduling (PTO) shall be submitted to the Unit Manager fifteen (15) days prior to the issuance of the monthly schedule unless mutually agreed otherwise. The Unit Manager or designee will discuss changes in the employee s routine schedule with the employee before making the change Per diem employees will be scheduled only after full-time and part-time employees have been scheduled up to their FTE. The Employer will first consider part-time employees who submit a request (using department s standard process) for additional hours. 9

17 7.5 Low Census/Reduction in Hours. Low census, for the purpose of this contract, is defined as decline in work resulting in a temporary decrease in staffing. During temporary periods of low census, the Employer will send home: 1. Employees in the affected job classification and department on overtime; 2. Volunteers 3. Per Diems 4. Full and Part-time employees, starting with the least senior employee. The Employer will endeavor to rotate low census equitably among all employees within the job classification, providing skill, competence, ability and availability are considered equal as determined by the Employer Employees placed on low census will have priority for any standby assignments. By mutual agreement with the Employer, Employees may agree to trade their positions on the rotation list with other employees in their job classification and department. At the employee's discretion, PTO may be used to offset low census hours. The Employer will not place employees on involuntary low census when contract and/or agency staff are scheduled to perform work in the same job classification and department as the employee to be low censused provided the employee is willing to work the assignment. Further, low census hours taken will be considered hours paid for the accrual of all non-retirement benefits. 7.6 Overtime. Overtime will be paid for at the rate of one and one-half (1 ½) times the employee s regular rate of pay for time worked beyond a forty (40) hour work week. For those employees who are assigned an 8/80 schedule, overtime shall be compensated at the rate of time and one-half (1 ½) the regular rate of pay for hours worked in excess of eight (8) hours in one (1) day or eighty (80) hours in one pay period. Time paid for but not worked will not count as time worked for purposes of computing overtime pay. Overtime will be computed to the nearest fifteen (15) minutes. There shall be no pyramiding or duplication of overtime pay or premium pay paid at the overtime rate. The Employer and the Union agree that overtime should be minimized and must be pre-approved by the supervisor. If overtime work is needed, when determined to be appropriate, the Employer shall first seek volunteers and make a good faith effort to equitably offer overtime opportunities to employees currently on duty. If mandatory overtime is required it will be assigned on an equitably rotated basis. 7.7 Meal/Rest Periods. Employees shall be allowed two (2) paid fifteen (15) minute rest periods during each normal work day and a thirty (30) minute unpaid meal period. Meal and rest periods shall be administered as provided by state law (WAC ). 7.8 Temporary Assignments. Temporary assignment to a lower paid position will not result in a decrease in rate of pay. 7.9 Rest Between Shifts. Unless performing standby duty, regular full- and part-time employees who work 8, 10 or 12 hour shifts shall have an unbroken rest period of at least ten (10) hours between scheduled shifts unless otherwise mutually agreeable to the employee and the Medical Center. Any time worked by such employees on the subsequent shift without the stated rest between shifts shall be paid at the rate of one and one-half times the regular rate. This Section shall not apply when there is not the applicable rest between shifts due to the employee s request for a schedule change, the employee s and the Medical Center s mutual agreement to change a schedule, due to an on-going 10

18 innovative schedule, or when on standby status (when not called back to work) Extra Hours of Work. The Employer will make a good faith effort to attempt to assign extra shifts on a fair and equitable basis. Prior to the approval of extra shifts, the Employer will consider the operational needs of the Medical Center Standby. The Medical Center has the right to determine whether and if so which employees will be assigned or scheduled for standby duty. Employees scheduled in advance for standby or assigned standby status off Medical Center premises shall be compensated at the rate of three dollars and seventy-five cents ($3.75) per hour. For holidays, standby shall be four dollars and seventy-five cents ($4.75) per hour. Any employees on standby are expected to respond promptly to calls and return promptly to work when needed in accordance with their department s standards and procedures. Standby duty shall not be counted as hours worked for purposes of computing overtime, seniority, longevity increments or employee benefits Callback. If an employee is called into work while on standby, the employee shall be paid at one and one half time their regular rate for a minimum of three (3) hours or time worked, whichever is greater, except on all holidays the pay shall be double (2x). Travel time to and from the Employer s premises shall not be considered time worked Standby/Callback Hours. Each department that requires call shall establish a maximum number of mandatory scheduled stand-by hours for employees. In all areas that require call, all regular full-time and part-time employees covered by this Agreement shall share call equitably Service Line Lead. Bargaining unit employees who are assigned the role of service line leads will be eligible to receive a premium of 3% of base wage rate per hours worked as a service line lead. Article 8 Wages and Premium Pay 8.1 Shift Differential. For evening shift (where the majority of the scheduled hours are between 3:00 pm and 11:30 pm) the shift differential shall be two dollars and twenty-five cents ($2.25) per hour over the regular hourly rate, and for night shift (where the majority of the scheduled hours are between 11:30 pm and 7:00 am) the shift differential shall be three dollars and seventy-five cents ($3.75) over the regular hourly rate. 8.2 Bachelors/Certification Premium. The Medical Center will continue to maintain current practices (if any) regarding payment of any Bachelor s/certification premium, through the duration of this agreement. For those positions which, at the time of ratification of the agreement, receive a Bachelor s/certification premium, the premium will be paid at the rate of 2% per hour. The Medical Center reserves the right to determine additional positions that may qualify for the Bachelors/Certification premium. 8.3 Lead Premium. An assignment to a lead position for two (2) or more hours shall be compensated with a lead premium of three (3%) percent per hour, for all hours worked in that position. The Medical Center has discretion to determine who will be placed in a Lead position and/or will be eligible for the Lead assignment premium. The lead premium will contribute towards the regular rate of pay calculation for overtime. Employees who are permanently assigned to a lead role will receive the lead premium when taking PTO. Lead positions that are in a higher grade than non-lead positions in the same job 11

19 family will not be eligible for lead premium assignment pay since compensation for lead duties are incorporated in employees base wage rate. 8.4 Preceptor Premium. An employee assigned to preceptor status as defined in Article 4.5 shall receive one dollar ($1.00) per hour for any hours assigned and worked as a preceptor. 8.5 Weekend Premium. Any employee who works on a weekend as defined by the Medical Center s policy and practice shall receive three dollars and fifty cents ($3.50) per hour as weekend premium for each hour worked on the weekend. 8.6 Step Schedule Wages. Employees will remain in current ranges. Effective the first full pay period following January 1, 2019, employees will receive a 2.00% increase. Effective the first full pay period following June 1, 2019, employees will receive a.25% increase Wages. Effective the first full pay period following January 1, 2020, employees will be placed on the wage schedule set forth in Appendix B, in accordance with the parties agreed upon process. In addition, effective the first full pay period following January 1, 2020 (which will be incorporated in the Appendix B published in this Agreement), employees will receive a 2.00% across the board increase. After year 2020, employees step progression will be based on their anniversary date Wage Increases. All increases in compensation set forth in this Agreement shall become effective the first full payroll period on or after the date designated. 8.7 Recognition for Past Experience. All employees hired during the term of this Agreement shall be given full credit for continuous recent experience when placed with the current pay ranges as outlined in Appendix B. For purposes of this section, continuous recent experience shall be defined as recent and related experience in the same job classification in an accredited acute care Medical Center or other organization determined to be comparable and relevant by the Employer, without a break in experience which would reduce the level of relevant skills in the opinion of the Employer. 8.8 Per Diem Premium. Per diem employees shall receive a per diem premium equivalent to fifteen (15%) percent, in lieu of benefits, over the employee s base rate of pay. 8.9 Minimum Wage. Effective January 1, 2019, the minimum hourly wage will increase to $12.00 per hour. Effective the first full pay period following January 2, 2019, current employees earning a base wage less than $12.00 per hour will be moved to the next closest step on the wage scale that is at least $12.00 per hour. Effective the first full pay period following January 1, 2020, current employees earning a base wage less than $13.50 per hour will be moved to the next closest step on the wage scale that is at least $13.50 per hour. After January 1, 2020 and until all steps on the scale are at least $13.50 per hour, if the appropriate step for a new hire would pay an hourly rate less than $13.50 per hour, they will be placed on the next closest step that is at least $13.50 per hour. Article 9 Health and Safety 12

20 9.1 Safe Workplace. The Medical Center agrees to maintain a safe and healthy workplace in compliance with all Federal, State, and local laws applicable to the safety and health of its employees. 9.2 Alcohol and/or Chemical Dependency. Employees are encouraged to voluntarily obtain treatment for alcohol and/or chemical dependency issues. Employees voluntarily requesting assistance prior to experiencing job performance, attendance, or misconduct problems will not be subject to disciplinary action for having sought treatment for alcohol and/or chemical dependency, and shall be eligible for a medical or personal leave absence. Disciplinary action relating to use of substances while in the workplace and for-cause testing will be administered pursuant to the Employer s Drug-Free Workplace Policy. 9.3 Health and Safety Hepatitis B Vaccine and Hepatitis C Exposure. New employees who are providing patient care are encouraged to accept a Hepatitis B vaccine according to CDC infection control guidelines for healthcare workers. This would apply to those employees who may be exposed to blood, body fluids or sharp instruments. The Hepatitis B vaccine will be available at no cost through the employer to employees who are routinely exposed to blood, body fluids, or sharp instruments. In addition, following a blood born exposure, the Employer will test for Hep B, Hep C, and HIV, and provide appropriate treatment at no cost to the employee Tuberculosis Exposure Control Program. All employees working in patient care areas will be provided with TB screening/testing according to the Washington State Department of Labor and Department of Health following CDC guidelines for Tuberculosis Prevention and Treatment. All employees working in patient care areas will have tuberculosis screening at hire. In the event of a positive reaction to the tuberculosis test the employer will follow the CDC guidelines for retesting and X-ray if indicated. Any employee who has a positive tuberculosis test as a result of an occupational exposure will be referred to an appropriate medical specialist for follow up. Cost of the tuberculosis testing, medical follow-up, and x-ray when required will be paid for by the Employer or Employer's Worker's compensation plan, whichever is appropriate. 9.4 Safety Committee. The Medical Center will maintain a Safety Committee in accordance with all regulatory requirements. Employees are encouraged to report any unsafe conditions to their supervisors and the Safety Committee Safe Patient Handling. The Medical Center shall provide and maintain a Safe Patient Handling program which identified necessary equipment, education, and facilitators. Article 10- Reorganization: Seniority/Restructure/Layoff 10.1 Restructure. The Employer will notify the Union of proposals to merge or restructure units, and shall, upon request of the Union, meet to discuss impacts relating to its decision within fourteen (14) days of the date notice was given. For purposes of this Article, a restructure is defined as the combining or division of separate units or departments, a reallocation of budgeted hours on an existing department, when a department changes clinical focus, a change in shift length of a department, or one third of the staff mix of a department is changed. A listing of the positions for each shift on the new/restructured department, including any qualification requirements, FTE, shift and work shift (days, evening, night or variable), shall be posted on the department for at least fourteen (14) days. At the end 13