COLLECTIVE BARGAINING AGREEMENT BETWEEN SEIU HEALTHCARE WISCONSIN AND EXTENDICARE HOMES, INC. D/B/A MORNINGSIDE HEALTH CENTER

Transcription

1 COLLECTIVE BARGAINING AGREEMENT BETWEEN SEIU HEALTHCARE WISCONSIN AND EXTENDICARE HOMES, INC. D/B/A MORNINGSIDE HEALTH CENTER JULY 1, 2013 THROUGH JUNE 30, 2016

2 TABLE OF CONTENTS ARTICLE 1 MANAGEMENT RIGHTS 3 ARTICLE 2 RECOGNITION 3 ARTICLE 3 PROBATIONARY PERIOD 3 ARTICLE 4 NON-DISCRIMINATION 3 ARTICLE 5 STATUS OF EMPLOYEES 4 ARTICLE 6 DUES AND COPE CHECKOFF 4 ARTICLE 7 SENIORITY 4 ARTICLE 8 WORKING HOURS, SHIFT PREMIUM AND OVERTIME 6 ARTICLE 9 RATES OF PAY 7 ARTICLE 10 LEAVE OF ABSENCES 8 ARTICLE 11 PAID TIME OFF (PTO) AND SICK RESERVE TIME (SR) 8 ARTICLE 12 PTO SICK RULES 10 ARTICLE 13 PTO HOLIDAYS 10 ARTICLE 14 VACATIONS PTO HOURS 11 ARTICLE 15 REST PERIODS 11 ARTICLE 16 LUNCH PERIOD 11 ARTICLE 17 CLEAN UP 11 ARTICLE 18 GENERAL PROVISIONS 12 ARTICLE 19 BREAVEMENT LEAVE PTO 14 ARTICLE 20 GRIEVANCE AND ARBITRATION 15 ARTICLE 21 DISCIPLINARY ACTION 18 ARTICLE 22 MAINTENANCE OF MEMBERSHIP 19 ARTICLE 23 HEALTH AND SAFETY 18 ARTICLE 24 LABOR/MANAGEMENT MEETINGS 19 ARTICLE 25 UNION MEETINGS AND CONVENTIONS 20 ARTICLE 26 UNION REPRESENTATION 20 ARTICLE 27 WAGE PAYMENT 21 ARTICLE 28 SCHEDULES 21 ARTICLE 29 - LAYOFFS AND HOURS REDUCTION 22 ARTICLE 30 - IN-SERVICES 22 ARTICLE 31 - RIGHT TO REVIEW RECORDS 22 i

3 ARTICLE 32- RESPECT & DIGNITY 23 ARTICLE 33-TERMINATION 23 SCHEDULE A - PTO ACCRUAL RATES 25 ii

4 AGREEMENT This Agreement, made and entered into by and between Extendicare Homes, Inc. d/b/a Morningside Health Center (hereinafter referred to as the Facility and the Employer ) of Sheboygan, Wisconsin, and SEIU Healthcare Wisconsin (hereinafter referred to as the Union ). The parties enter into this Agreement for the purposes of establishing acceptable terms and conditions of employment and service to the residents predicated upon mutual respect and dignity of each other. ARTICLE 1 MANAGEMENT RIGHTS Except when expressly abridged by a specific provision of this Agreement, the management of the Employer s business and the direction of the work forces are exclusively vested in the Employer as functions of management, including, but not by way of limitation, the following rights: to hire, transfer and promote employees; to reprimand, demote, suspend and discharge employees for just cause; to lay off employees because of lack of work or for other legitimate reasons; to judge the qualifications of employees; to determine the specific hours of employment and length of work week; to determine the work to be done by employees for the efficient operation of its business; to adopt and enforce reasonable rules of conduct of its employees; to establish the methods and processes by which its operations are performed; and, to subcontract work or services. The exercise by the Employer of any of the foregoing functions shall not be reviewable by arbitration except in the case such function is so exercised as to violate an express provision of the Agreement. ARTICLE 2 RECOGNITION The Facility recognizes the Union as the exclusive bargaining agency for the employees in the collective bargaining unit, consisting of all full-time and part-time employees who regularly work twenty (20) or more hours per week at Morningside Health Center, Sheboygan, Wisconsin, and those employees who regularly work less than twenty (20) hours per week who elect to become members of the Union, but excluding supervisors, confidential employees, office employees, Registered Nurses and Licensed Practical Nurses. ARTICLE 3 PROBATIONARY PERIOD Employees will be hired on a probationary basis. This probationary period will be ninety (90) calendar days in length, and the employee may be discharged for any cause without recourse during this period. Benefits under this Agreement shall commence after expiration of the probationary period. It is provided that vacation and sick leave allowances are based on the original date of employment. Section 1. Employees hired on a probationary basis may become members of the Union, and on the thirty-first (31) day dues and initiation fees shall be deducted in equal amounts from the first and second paychecks each month upon signed authorization thereof. Section 2. The Employer shall provide the Union with a list of names and shift assignments of those new employees who successfully complete their probationary period. ARTICLE 4 NON-DISCRIMINATION Neither the Employer nor the Union will discriminate against any employee for reasons of race, color, religion, age, sex, national origin, marital status, disability, sexual orientation, political 3

5 belief, or membership in the Union in regard to hiring, firing, promotion, or any other term as condition of employment. ARTICLE 5 STATUS OF EMPLOYEES Section 1. A regular full-time employee is one who is scheduled to work a minimum of thirty (30) or more hours a week. Section 2. All part-time employees are those working twenty (20) or more hours per week, but less than thirty (30) and shall have prorated rights to benefits outlined in this Agreement. Seniority shall commence after ninety (90) days of employment and shall begin with the date of hire. Section 3. A casual, on-call or per diem employee is one with no regular schedule, but who works intermittently as required and depending on the availability of work. Casual, on-call or per diem employees (or employees scheduled less than twenty (20) hours per week) are not subject to this Agreement. A temporary employee is one who is hired as a replacement for a regular employee on an approved leave of absence not to exceed the period of the leave. Temporary employees are not subject to this Agreement. ARTICLE 6 DUES AND COPE CHECKOFF Section 1. The Employer agrees to deduct from wages of all employees covered by this Agreement, after receipt of a signed authorization form from each such employee, dues and initiation fees of the Union. Initiation fees will be taken out over five (5) consecutive pay periods. The Employer shall include the Union authorization form in its new employee paperwork and shall forward all signed authorizations to the Union at its Milwaukee address. However, the Employer shall have no obligation to obtain such authorization. Section 2. The Employer hereby agrees to honor contribution deduction authorizations from its employees who are Union members in the following form: I hereby authorize the Company to deduct from my pay the sum of $ for each hour worked (or from each of my regular paychecks) and to forward that amount to the SEIU COPE. This authorization is voluntary, made on the specific understanding that the signing of this authorization and the making of payment to the SEIU COPE are not conditions of membership in the Union, and that the SEIU COPE will use the money it receives to make political contributions and to cover expenditures in connection with federal, state and local elections. ARTICLE 7 SENIORITY Section 1. Except as provided in Section 8, seniority is defined as the length of time that the employee has been hired from his or her most recent hiring date, excluding unpaid leaves and other unpaid absences of more than two weeks. Section 2. In case the Employer reduces its staff, lays off and recalls after layoffs, or it is necessary to have low census staff, reductions will be determined by seniority, skill and ability. Section 3. Intra-departmental transfers and promotions, when mutually agreed to by the Facility and the employee within the classification or department, shall be based on the employee s Facility record, seniority, ability and skill. 4

6 Section 4. The Facility will maintain a list, by classification, of all employees having seniority rights. The list will be available for inspection by a Union Representative or the Union Coordinator at reasonable times. The Employer, upon request and with reasonable notice, but not more frequently than quarterly, shall furnish a Union Representative or the Union Coordinator with a complete list of all bargaining unit employees, including current addresses. This list shall apply only to the bargaining unit, and shall be used only for Union-Facility reasons or activities. Section 5. Any employee on leave of absence as hereinafter provided will neither lose nor accrue seniority. Section 6. Job Postings. (a) (b) Present employees shall be permitted to bid on all bargaining job unit job openings where they are qualified. Seniority, ability and the employee s records will be considered, where skill and ability are equal, seniority will be the determining factor. Job openings covered by this Agreement will be posted on the bulletin board for a period of five days. The successful applicant for the job opening will serve a 30-calendar day probationary period on the new job. If, during this probationary period, the employee or the Employer feels that he/she is not capable of performing the new job, the employee will be returned to his/her former job without loss of seniority. If an employee feels that he/she was treated arbitrarily or capriciously, he/she can file a grievance. This clause shall not be construed to prevent the Employer from filling the opening with outside applicants after the five calendar day posting period, nor shall it prevent the Employer from temporarily assigning other employees to a job opening during the five calendar day posting period. Section 7. An employee may request, in writing, a transfer to another of the Company s facilities honoring a labor agreement with SEIU Healthcare WI. The employee may be offered the next opening that occurs at the receiving facility. The employee transferring will retain his/her seniority with the Company for the purpose of benefits. Upon acceptance at the receiving facility, the employee will be placed in the step and in the benefits program in effect at the receiving facility, based upon his/her seniority at his/her former facility. It is understood, however, that even though an employee may transfer to a facility covered by a different collective bargaining agreement, nothing in this section shall be construed as merging in any way the different bargaining units currently representing Extendicare employees. The Union agrees to never introduce this section into any NLRB proceedings concerning any unit determination or unit clarification in any form whatsoever. In the event of layoffs or rehiring, job posting, holidays, and in choice of vacations at the receiving facility, the employee s seniority, for these purposes only, shall be the date of starting at the receiving facility. This provision will not take effect if it is contrary to any existing labor management agreements in effect at the receiving facility if the employee was not a SEIU Healthcare WI member at the transferring facility. Section 8 - Any former employee, who returns to work within sixty (60) days of voluntarily terminating their employment at the Employer shall retain their seniority, minus the time of separation. Such an employee shall have their wages and benefits reinstated to their last known 5

7 rate of pay and benefits before such separation occurred, and any intervening increases in wages after separation. ARTICLE 8 WORKING HOURS, SHIFT PREMIUM AND OVERTIME Section 1. The Facility operates twenty-four (24) hours per day, seven (7) days per week. Employees must work weekend and holidays. The Facility shall continue its current practice of scheduling employees off every other weekend. If an employee calls out on a scheduled weekend, the employee will not have to make up that weekend if that employee is admitted to the hospital at that time. After five (5) years of service, an employee may request one (1) weekend off per year without finding a replacement. Section 2. The work day for the hourly collective bargaining employees shall be as follows: (a) For employees who are hired on or after the date of ratification, for all Casual employees, and for employees hired prior to ratification who have a workday of seven and one-half (7 ½) hours per day, the workday shall be seven and one-half (7 ½) hours per day. (b) For employees hired before the date of ratification who do not sign a non-revocable consent and who have a workday of seven and three-quarters (7 ¾) hours per day, the workday shall be seven and three-quarters (7 ¾) hours per day. Employees working seven and one-half hours per day prior to the date of ratification shall continue to do so subject to the terms of this Agreement. Notwithstanding the foregoing, the workday for a full-time employee hired on or after the date of ratification (or at a later time determined in the Employer s sole discretion) is eight (8) hours, seven and one-half (7 ½) hours paid and one-half (1/2) hour unpaid lunch. Section 3. The usual pattern of scheduling will be ten (10) seven and one-half (7 ½) or seven and three-quarters (7 ¾) hour shifts per fourteen (14) day period, but said period need not be in two consecutive five day periods within the fourteen (14) day period specified. It is recognized that shifts may begin earlier or later when necessary to the efficient operation of the Facility. Time and one-half (1½) will be paid on all hours in excess of eight in any one day, or eighty (80) hours in any one fourteen (14) day period. For the purpose of this Agreement, full-time employees shall be those employees regularly scheduled to work thirty seven and one-half (37 ½) hours or more per week. Included in this definition shall be those employees in the nursing, and dietary departments. Part-time employees, either present or future, shall not be used to take work away from present full-time employees. No employee shall be laid off or sent home to avoid paying overtime. Section 4. Overtime work shall be shared as equally as possible within a classification. Those employees having a preference for this extra work should request the same. However, when necessary, employees may be requested and shall perform a reasonable amount of overtime. Section 5. When a full-time employee is called back to work after completing a shift, he/she shall be guaranteed a minimum of four hours of work or pay. When a part-time employee is called back to work after completing a shift, he/she shall be paid time and one half (1½) for such additional hours worked over eight hours. However, when either full-time or part-time employees are called in for in-service training, they shall not be paid time and one-half (1½) for the time attending in-service training sessions. 6

8 ARTICLE 9 RATES OF PAY Section 1. Minimum Rates: C.N.A. Dietary Aide Cook Maintenance Activities Aide $9.79 $7.91 $9.36 $9.52 $8.69 The Employer may pay up to $0.10 per hour per year of experience up to five (5) years of proven experience for certified nursing assistants upon hire above the minimum rate set forth above. Wage Increases: Ratification Bonus of $500 Full-time, $250 Part-time for all employees hired on or before June 30, 2013, new hires on or after 7/1/2013 do not receive ratification bonus. Ratification bonus to be paid on the first full pay period after ratification. Employees shall receive an across the board increase in the first full pay period after the following dates as follows: 7/1/2014-2% for employees hired on or before 6/30/2013 1/1/ % 7/1/ % 1/1/ % 1% for employees hired on or after 7/1/2013 Section 2. An additional premium is provided for employees with extended years of continuous service to the Facility. Employees shall receive the following longevity premium: Number of Full Years of Continuous Service: 1 year $.40 2 years $.50 3 years $.60 4 years $.70 8 years $ years $ years $ years $ years $ Compensation Above Current Start Rate Longevity Premium Per Hour: Section 3. The Employer will provide a shift premium of $0.25 per hour for all hours worked on the PM shift and $0.25 per hour for all hours worked on the night shift. All employees working a weekend shift shall receive shall receive a twenty-five cent ($0.25) shift differential; provided,

9 however, there shall be no pyramiding of shift differentials. ARTICLE 10 LEAVE OF ABSENCES Section 1. Medical Leaves. The Employer will follow current federal and state law regarding medical leaves of absence. An employee not eligible for FMLA or WMLA, or one whose FMLA or WMLA is exhausted, may be granted leave in four week intervals, not to exceed 52 weeks, at the Employer s discretion. Such extensions shall not be unreasonably denied. Section 2. Employees (other than probationary employees) shall be granted leaves of absence, without pay, for educational purposes or for necessary family and unusual individual circumstances by applying in writing to and getting approval from the Head of the Department and the Administrator. The total maximum leave shall not exceed six months. Section 3 A leave of absence will not be granted for the purpose of trying out another job and any employee on leave and found to be working elsewhere will be terminated. Section 4 When an employee returns from leave he/she will be assigned to the same or a substantially equivalent job, including shift and hours per pay period. Where this is not possible, the employee will be given preference in filling other job vacancies. Seniority shall accumulate for up to three months during a leave of absence due to an employee s injury incurred on duty. ARTICLE 11 PAID TIME OFF (PTO) AND SICK RESERVE TIME (SR) Section 1. Paid Time Off (PTO) and Sick Reserve Time (SR) are provided for relaxation, personal commitments, recovery from brief illnesses and to recognize continuous service. Employees are offered greater flexibility in their time off through the utilization of these two benefit programs. Paid Time Off is issued for holidays, personal days, vacation and short-term illness. Beginning with the first day of employment, employees begin to accrue Paid Time Off. Employees may start to use Paid Time Off after the benefit probationary period is completed. It is up to each employee to choose how he/she will use his/her time. It will also be based to cover unscheduled absences such as one or two day illnesses or time off when you need to be at home to care for a sick family member. Section 2. All actively employed, regular employees (as set forth in Article 5) are eligible for Paid Time Off benefits. Temporary and Casual employees are not eligible. Section 3. Paid Time Off hours are calculated based on the length of continuous service and the number of hours actually paid in each pay period. Employees earn a portion of the total hours they are entitled to each pay period. Section 4. Accrued Paid Time Off hours must be taken for all scheduled and unscheduled absences except those covered under Worker s Compensation, Reserve Sick benefits or an approved Leave of Absence. Section 5. A properly signed attendance card is required for all absences. This is the employee s responsibility. To receive timely Paid Time Off reimbursement the card must be turned in the Monday following the end of the pay period in which the Paid Time Off was used. Section 6. An employee must take time off in order to receive payment of accrued Paid Time Off hours. While employees requests for Paid Time Off will be approved whenever possible, Morningside Health Center reserves the right to schedule time off based on staffing needs. These needs may make it necessary to limit the number of employees off at one time. All Paid 8

10 Time Off requests must have Department Head approval. Each Department may set a deadline for Paid Time Off requests, annually, monthly, or as needed. Paid Time Off requests after the deadline are subject to Department Head approval. Section 7. Employees who have completed their probationary period and resign with proper notice will be paid their accrued Paid Time Off. Proper notice equals 14 calendar days. Employees who have completed their probationary period but are involuntarily terminated shall not receive earned Paid Time Off as part of their final pay. Section 8. All short-term absences for illness will be paid as Paid Time Off hours, leaving an employee less Paid Time Off hours for vacation, holiday and other time off. A short-term absence is defined as two or fewer scheduled workdays. Section 9. The number of Paid Time Off hours that may be taken may not exceed the balance shown on an employee s last paycheck. Section 10. Employees absences on scheduled weekends will not be covered by Paid Time Off unless a Doctor s diagnosis accompanies the Paid Time Off request. Section 11. Paid Time Off hours will not be affected for those employees working on a holiday and receiving double time. Any employee who is absent on a holiday he/she was scheduled to work who provides a doctor s diagnosis excuse based on an office, clinic, or emergency room exam dated on the holiday shall be excused from work with no penalty. Any employee who is absent on a holiday he/she was scheduled to work who does not provide a doctor s diagnosis excuse shall be required to work the next holiday irrespective of holiday scheduling. The same rules and penalties shall apply for employees who are absent their last scheduled day of work before a holiday or their first scheduled day to work following a holiday. Section 12. Annually Paid Time Off hours accrue on the total paid hours an employee works Section 13. Each employee must utilize accumulated Paid Time Off hours in the program year earned. Failure to use the earned PTO in the program year will result in forfeiture. However, in the event that PTO time cannot be taken within the program year, carryover may be permitted for up to three months with Administrator s approval. Section 14. Attached, as Schedule A, is a list of factors for Paid Time Off accrual for those employees eligible for Paid Time Off in a non-supervisory capacity, including the years of service and the maximum accruals for which those factors apply. Section 15. Paid Time Off is provided to help employees take the time off needed; it cannot be paid in cash without the Administrator s approval. Section 16. In the event that an employee shall have no or insufficient accrued Paid Time Off hours left at the occasion of a bereavement as designed in Article 19, the employee may take up to two days unpaid leave. Section 17. Sick Time is a companion program to PTO. Beginning with the first day of work each employee will accumulate SR Time for each paid hour worked. The employee may withdraw SR Time after 90 days of employment and on the second consecutive day of illness or first day of hospitalization. The employee may accrue up to seven days and accumulate SR days each year up to a maximum of 60 total days 9

11 ARTICLE 12 PTO SICK RULES Section 1. Employees who are prevented by sickness from reporting to work must promptly notify their supervisors before the shift change begins. If the sickness continues, the employee shall call in to keep the supervisor informed. If the sickness exceeds 18 days, the Facility may require at least one week s notice of return to work. Section 2. After three days of illness, the employee may be requested to provide written proof of illness from a physician, and shall provide such proof of illness thereafter as the Facility may require. Falsification of sick leave information is dishonesty. When there is indication of abuse of illness for less than three days, the employee will be required to furnish proof of illness. ARTICLE 13 PTO HOLIDAYS Section 1. So far as is practicable, those employees not necessary to operation of the Facility shall not be required to work on the following holidays (or days celebrated as such): New Year s Day, Labor Day, Memorial Day, Thanksgiving Day, Christmas Eve Day, Christmas Day, Independence Day, and Easter Sunday. All bargaining unit employees shall be assigned to one of the following holiday celebration lists which shall then be rotated each calendar year of employment: HOLIDAY CELEBRATION ROTATION DAYS OFF A Easter Sunday Memorial Day Labor Day Christmas Eve Day B New Years Day Independence Day Thanksgiving Day Christmas Day Section 2. The compensation for full-time employees shall be two times their normal hourly rate for the number of hour worked on any of said holidays if they are required to work. The compensation for full-time employees not required to work on any of the holidays mentioned in Section 1 shall be at the rate of eight hours of PTO. Employees scheduled to work may have the option of being scheduled for an alternate day off in lieu thereof. Night shift employees holiday shall start on the eve of the holiday and end at the start of the night shift on the day of the holiday. PM shift employees shall celebrate their Christmas holiday on Christmas Eve. Section 3. Paid Time Off hours will not be affected for those employees working on a holiday and receiving double time. Any employee who is absent on a holiday he/she was scheduled to work who provides a doctor s diagnosis excuse based on an office, clinic or emergency room exam dated on the holiday shall be excused from work with no penalty. Any employee who is absent on a holiday he/she was scheduled to work who does not provide a doctor s diagnosis excuse shall be required to work the next holiday irrespective of holiday scheduling. The same rules and penalties shall apply for the employees who are absent their last scheduled day of work before a holiday, or their first scheduled day to work following a holiday. 10

12 Section 4. All part-time employees shall receive two times their normal hourly rate for any hours worked on any of the above holiday. Probationary employees will not receive any such double time pay. Section 5. An employee may substitute a holiday that is in accordance with his/her religious beliefs for any of the above holidays. Parties shall discuss administration post-ratification. ARTICLE 14 VACATIONS PTO HOURS Section 1. Vacations are scheduled and compensated in accordance with PTO accumulation and availability. Section 2. Part-time employees shall accumulate PTO hours in accordance with the program accruals. Section 3. Vacations will be determined as of the anniversary date of employment during the term of this Agreement and whatever vacations shall have been earned shall be scheduled during the period from January 1 and December 15 of each calendar year. No vacation shall be scheduled during the period from December 15 to January 1. Vacation periods may be split by the employees. There shall be no pay in lieu of vacation. Section 4. It is agreed employees shall have the privilege of requesting and receiving their vacation pay in advance. Section 5. When a holiday falls during an employee s vacation, the employee shall take holiday pay and shall receive a different day of vacation to be taken during the calendar year. Section 6. Employees may schedule vacation in accordance with current vacation scheduling practice in effect at the commencement of this Agreement. Vacations may be scheduled for any workday including up to two weekends per year. Employees agree to be available for unscheduled weekend coverage up to one corresponding weekend coverages for one calendar year after said scheduled weekend vacation is taken. Vacations will not be granted for weekends only. Employees not taking vacations on scheduled weekends are not subject to this provision. ARTICLE 15 REST PERIODS Any employee working a full shift of seven or more hours shall be entitled to two fifteen-minute break periods in each shift. Any employee working at least four but less than seven hours shall be entitled to one fifteen-break period in the course of the shift. These breaks will be scheduled by the supervisor. ARTICLE 16 LUNCH PERIOD An unpaid lunch period of 30 minutes shall be allowed for any employee working at least a fivehour shift. No lunch breaks shall be allowed for any employee working less than a five-hour shift. ARTICLE 17 CLEAN UP Employees shall normally be expected to remain at their station until the end of the shift and to be at their stations at the start of the shift. When clean up or dress up time is necessary, the Facility and the Union shall agree by negotiations and memorandum to allow ten minutes for this purpose. 11

13 ARTICLE 18 GENERAL PROVISIONS Section 1. There is no intent by either party to transgress any federal, state or local laws of any nature whatsoever, and no provisions herein shall be executed if found to be a transgression of said laws. However, the remaining clauses shall remain in full force and effect. Section 2. It is agreed that the Employer and the employees in the described bargaining unit will not be permitted to enter into any permanent individual agreement or contracts, either individually or collectively. Section 3. Instruction and orientation will be the responsibility of the supervisor. As new techniques are developed, instruction will be provided by supervisors. After employees have received the required instruction, they will be expected to maintain the average proficiency of the job classification. Section 4. Visitation Rights. The authorized representative(s) of the Union will have reasonable access to the Employer s premises provided that the Union representative gives the Employer reasonable advance notice, except in the cases of emergencies, to confer with the Employer, Worksite Leaders of the Union and/or with the Employees for the purpose of administering this Agreement. When a Union representative enters the Employer premises, he/she shall notify the Administrator, or person in charge, of his/her visit so that his/her activities do not interfere with customer care or the efficient operation of the Employer. No more than two (2) Union representatives shall visit the Employer at any time, unless the parties mutually agree otherwise. The Employer will not unreasonably withhold permission from the Union representative to accomplish the purpose of his/her visit. Exceptions include, but are not limited to, visits intended during a state survey. The Union will furnish the name of the authorized representative. Section 5. Bulletin Boards. The Employer will provide one (1) bulletin board which will be used for the purpose of posting proper Union notices. The bulletin board will be placed conspicuously and at a place readily accessible to the workers in the course of employment (i.e., break room). Official Union notices containing no inflammatory/derogatory comments may be posted. Section 6. Every month the Facility shall furnish the Union with a current list of bargaining unit employees names, addresses and phone numbers, on diskette when possible. Section 7. Health, Dental and Vision Insurance. During the term of this Agreement, the Employer agrees to make available its Basic 50 Plan to eligible full-time employees. If any employee chooses not to enroll in said plan when coverage is first available, they will be required to wait until the next open enrollment period unless otherwise required by law, consistent with the requirements of said plan. Consistent with the Basis 50 plan offering to the Employer s nonunion employees in comparable classifications in Wisconsin facilities, the specific benefits of the plan occasionally are changed or modified, including the total monthly premiums of said plan. In the event such changes occur during the life of this Agreement, the Employer shall provide the Union with sixty (60) days notice of said changes; provided, however, the Employer need not seek the Union s prior agreement nor will such changes be subject to the grievance procedure. Part-time employees are not eligible for health insurance coverage. The Employer shall contribute seventy-five percent (75%) of the total monthly premium (excluding any surcharge) for the Basic 50 Plan. Dental and Vision insurance shall be made available to full-time and part-time employees in the same manner as offered to the Employer s non-union employees in comparable 12

14 classifications in Wisconsin facilities. The employee is responsible for 100% of the total monthly premium for both dental and vision coverage. Section 8. All part-time employees in the collective bargaining unit as defined in Article 2 herein, working 20 hours or more per week, shall be entitled to benefits on a pro rata basis while in the employ of the Employer and shall be also entitled to pro rata accrued vacation benefits upon termination of employment as set forth in Section 5 of Article 14 herein. Section 9. Work Site Leaders. A current list of authorized Work Site Leaders shall be presented to the Facility by the Union. Work Site Leaders shall have the authority to gather pertinent facts, assist employees in the processing of grievances in accordance with the terms, procedures and limitations provided in this Agreement when requested by the employee who initiated the grievance. A grievance or alleged grievance occurs only when interpretation and application of this Agreement are at issue. The Facility shall permit Work Site Leaders a reasonable amount of time on regular duty status to process grievances and to consult with appropriate supervisors and management officials. They must ask for and receive permission from their immediate supervisors before leaving their jobs. When called for this purpose, the supervisor must relay the call to the Work Site Leader and release him/her from his/her job assignment as soon as possible. Section 10. Absence Without Notification. Any employee who is absent from work for a period of three consecutive scheduled workdays without notice shall be deemed an automatic quit. Section 11. No employee shall receive any reduction in pay by the signing of the Agreement. Section 12. When attending in-service and staff meetings, employees will be paid for the length of the meeting at the regular rate of pay or in accordance with normal overtime provisions, but not for less than one hour. There shall be no pay for any employee attending seminars or class at any technical schools. The enrollment fees for such seminars or classes shall be paid when attendance at such seminars or classes is authorized by the Employer. Section 13. Bargaining committee members shall be credited for hours worked for vacation, holiday and sick days for all hours regularly scheduled but lost due to time spent in negotiation sessions. Section 14. Employees who are hurt on the job shall be paid by the Employer for the time lost for the balance of the scheduled shift on the day of the accident. Section 15. The Employer shall give the Union written notice of its intention to establish any new classification within the scope of the bargaining agreement. Upon receipt of said notice, the parties will negotiate the wage rate, and upon reaching an agreement the new classification and wage rate therefore will be incorporated into this Agreement. Section 16. A TB skin test is required prior to employment and will be paid for by the Employer and annually thereafter. Hepatitis series of shots must be offered to employees upon completion of six months of employment at no expense to the employees. In situations where medical evidence dictates against the use of a skin test, a chest x-ray may be substituted at a location chosen by the Employer. The appropriate certification must be completed and signed by the designated physician or medical director before the employee will be allowed to begin work. 13

15 Section 17. Starting and ending times of work shifts will not be permanently changed without two-weeks notice to the Union. Section 18. The Employer shall have available job descriptions, subject to change, for each classification in the bargaining unity. The Union shall be notified of any change(s) in the job description. Section 19. Vending machines will be made available for employees. Section 20. Any reference to the words, he she, his, or her is applicable to both the male and female sex. Section 21. Any reference to work days excludes Saturday, Sunday and holidays as provided by this Agreement. A calendar day or other day is any day of the week, Sunday through Saturday. Section 22. Where any major reorganization of staff, introduction of new methods, or change in staff responsibilities is being implemented, the Employer agrees that the affected employee(s) will be notified as reasonably early as possible. In cases of major changes affecting multiple employees, a voluntary, non-mandatory meeting will be scheduled with the affected employees prior to implementation. Section 23. The Company agrees to allow employees under this agreement to participate in a Section 125 Plan which allows employees to pay for health premiums or employee contributions for health plans or child care on a pretax basis under exactly the same plan and terms as other employees not covered by this agreement which is described as the Smart Plan. Section 24. A differential of $1.00 additional per hour will be paid for all time spent working as a Medication Assistant during any shifts by any CNA qualified as a Medication Assistant effective upon this Agreement being signed. Section 25. The Employer reserves the right to implement certain bonuses, incentives, premiums, etc.; provided, however, the Employer and the Union shall first mutually agree. The Employer reserves the right to terminate said bonuses, incentives, premiums, etc. Section 26. A program for effective conflict resolution will be developed by mutual agreement of the parties. Section 27. The Employer will provide life insurance in the amount of ten thousand dollars ($10,000) for all employees who regularly work 16 or more hours per week. After three years of service, coverage will increase to twelve thousand dollars ($12,000). ARTICLE 19 BEREAVEMENT LEAVE PTO If the employee has been scheduled to work, PTO hours and/or an unpaid leave of absence not to exceed three (3) days shall be granted for the purpose of an employee attending the funeral, celebration of life service, memorial service or any other similar service of the employee s spouse, domestic partner, father, mother, child, brother, sister, stepparent and stepchild. Employees shall be allowed two (2) days to attend the funeral, celebration of life service, memorial service or any other similar service of current in-laws (father-, mother-, brother- and sister-in-law), grandparents, grandchildren, an ex-spouse, and child, parent, or sibling of a domestic partner of the employee. 14

16 Individuals who can establish a domestic partnership based on the definition contained in Wis. Stat (21d) as of July 29, 2013, shall be considered a domestic partner for the purposes of bereavement leave ARTICLE 20 GRIEVANCE AND ARBITRATION (Effective July 1, March 31, 2014) Section The Employer agrees to meet with duly accredited officers and committees of the Union upon grievances pertaining to meaning or application of the Agreement, in accordance with the procedure provided below. A grievance, subject to the following procedure, shall include any and all disciplinary actions taken by the Employer, and all questions and disputes involving contract interpretations and any and all questions and disputes involving conditions of employment. Step 1. The employee or the Union shall discuss the grievance with the immediate supervisor within seven (7) working days of the event which is the source of the grievance; provided, however, any grievance relating to a discharge from employment shall commence at Step 2 below.. If the employee so desires, a Union Work Site Leader may be present at said meeting. If a satisfactory settlement is not reached orally, the Work Site Leader or the Union shall, within seven (7) working days, set forth the grievance in writing, date it, sign it in duplicate form, and present it to the department head for investigation and written disposition within seven (7) working days. Saturdays, Sundays, and holidays shall not be considered working days for the purposes of this Article. Step 2. If there is failure to resolve at Step 1, the grievance must be presented, within seven (7) working days from the failure to resolve in Step 1, to the Administrator or his/her representative, for investigation. The Administrator will provide for a meeting of representatives of the Union and the Employer for negotiation purposes within seven (7) working days of receipt of the Step 2 grievance. The Employer shall provide written disposition within seven (7) working days of the meeting. Failure of the Union to go to Step 2 within seven working days of the response of Step 1 of the grievance bars further action by the Union or the employee. Step 3. If the grievance is not settled in Step 2., the grievance may, within seven (7) working days after the answer in Step 2., be presented in Step 3. A grievance will be presented in this Step to the Corporate Director of Labor Relations, or his/her designee; and that person will render a decision in writing within seven (7) working days after the presentation of the grievance in this Step. If there is failure to resolve at this Step, either party may file an appeal to arbitration within seven (7) working days. Step 4. If the grievance is not settled in Step 3, the Union will notify the Employer s Area Director of Human Resources, in writing, of its intention to submit any grievance to arbitration. The arbitrator will be selected by and from the staff of the Wisconsin 15

17 Employment Relations Commission. The decision of the arbitrator will be final and binding on both parties to this Agreement. Section The cost of the arbitration shall be shared equally by the Employer and the Union. Section The decision of the arbitrator shall be final and binding on both parties. The arbitrator has no authority to add to, subtract from, modify, or ignore any provision of this Agreement. Section The Employer shall notify the Union, in writing, of the names of the Administrator and the names of the respective department heads, or any changes therein, to whom grievances are to be directed, pursuant to the step outlined in Section 4.1 of this Article. The Union has no obligation to deal with any representative of the Employer not identified on this list. Section 20.5 The time limits specified in this Article are intended to be maximum time limits and are to be construed as being binding on the Union, employee(s) and the Employer. Grievances not processed within the time limits specified herein will be deemed to have been settled consistent with the last response of the Employer. Time limits specified in this Article may be extended through mutual agreement between the parties. Saturdays, Sundays and holidays shall not be construed as working days for the purpose of this Article. Section In cases alleging resident abuse or resident neglect, the arbitrator will draw no inference of any kind whatsoever from the failure or inability of a resident to appear and testify. Section In cases of discipline or discharge proving resident abuse or resident neglect, the arbitrator's determination shall be limited solely to ascertaining whether or not the employee was, in fact, guilty of the acts with which charged by the Employer. The arbitrator, finding such guilt to exist, shall not have the authority to substitute his judgment for that of management as to the penalty imposed. ARTICLE 20 GRIEVANCE AND ARBITRATION (Effective April 1, 2014) Section The Employer agrees to meet with duly accredited officers, staff, worksite leaders and committees of the Union upon grievances pertaining to meaning or application of the Agreement, in accordance with the procedure provided below. A grievance, subject to the following procedure, shall include any and all disciplinary actions taken by the Employer, and all questions and disputes involving contract interpretations and any and all questions and disputes involving conditions of employment. Step 1. The Union shall, within seven (7) working days of the event which is the source of the grievance, set forth the grievance in writing, date it, sign it, and present it to the Facility Administrator or his/her designee. The Facility Administrator will provide for a meeting of representatives of the Union, including Union Staff Representative, and the Employer for negotiation purposes within seven (7) working days of receipt of the Step 1 grievance. The Employer shall provide written disposition to the Union within seven (7) working days of the meeting. Saturdays, Sundays, and holidays shall not be considered working days for the purposes of this Article. 16

18 Step 2. If the grievance is not resolved at Step 1, the grievance must be presented in writing, to the Area Director of Human Resources or his/her designee within seven (7) working days of the Union receiving the Step 1 answer. The Area Director of Human Resources may provide for a meeting of representatives of the Union, including Union Staff Representative and the Employer for negotiation purposes within seven (7) working days of receipt of the Step 2 grievance. The Area Director of Human Resources or his/her designee will provide written disposition within seven (7) working days of receipt of the grievance or, if a meeting is held, of the meeting. Failure of the Union to go to Step 2 within seven (7) working days of the response of Step 1 of the grievance bars further action by the Union. Step 3. If the grievance is not resolved in Step 2, and the Union desires to mediate the grievance, the Union shall submit in writing to the Area Director of Human Resources or his/her designee within seven (7) working days of receiving the Step 2 answer a request that the parties engage in mediation. The Employer shall notify the Union within seven (7) working days of receiving the request whether or not it consents to mediation. If the parties agree to mediation, it shall occur with the Federal Mediation & Conciliation Services ( FMCS ). The parties shall submit their request for mediation in writing to FMCS within seven (7) working days of agreeing to mediation and mediation shall occur within thirty (30) calendar days of the parties agreeing to mediation. If the grievance is not resolved under Step 2, or if mediation is agreed to under Step 3, the Union must notify the Employer in writing of its intent to arbitrate the matter within the later of ten (10) working days after it receives notice of the Employer s Step 2 decision if no request for mediation is made, the failure of the Employer to agree to engage in mediation pursuant to Step 3 above, or the conclusion of mediation pursuant to Step 3 above. The Union must file with FMCS a written request for arbitration within the later of twenty (20) working days after it receives notice of the Employer s Step 2 decision if no request for mediation is made, the failure of the Employer to agree to engage in mediation pursuant to Step 3 above, or the conclusion of mediation pursuant to Step 3 above. At the time the Union requests arbitration with FMCS it shall request that FMCS provide a list of seven (7) impartial arbitrators. The Employer and the Union shall then alternatively strike one (1) arbitrator each on the slate, with the party filing the grievance exercising the first strike. The parties will either meet in person or by phone within ten (10) working days of receiving the list of arbitrators to exercise their strikes. The remaining arbitrator shall then be informed of his/her appointment as Arbitrator. 17

19 Section The cost of the arbitration, which shall include the location and fees and expenses of the Arbitrator, the court reporter and the transcript, shall be shared equally by the Employer and the Union. Each party shall pay any fees of its own representatives and witnesses. Section The decision of the arbitrator shall be final and binding on both parties. The arbitrator has no authority to add to, subtract from, modify, or ignore any provision of this Agreement. Section The Employer shall notify the Union, in writing, of the names of the Administrator or his/her designee, or any changes therein to whom grievances are to be directed, pursuant to the steps outlined in this Article. The Union has no obligation to deal with any representative of the Employer not identified on this list. Section The time limits specified in this Article are intended to be maximum time limits and are to be construed as being binding on the Union, employee(s) and the Employer. Grievances not processed within the time limits specified herein will be deemed to have been settled consistent with the last response of the Employer. Time limits specified in this Article may be extended through mutual agreement between the parties. Saturdays, Sundays and holidays shall not be construed as working days for the purpose of this Article. Section In cases alleging resident abuse or resident neglect, the arbitrator will draw no inference of any kind whatsoever from the failure or inability of a resident to appear and testify. Section In cases of discipline or discharge proving resident abuse or resident neglect, the arbitrator s determination shall be limited solely to ascertaining whether or not the employee was, in fact, guilty of the acts with which charged by the Employer. The arbitrator, finding such guilt to exist, shall not have the authority to substitute his judgment for that of management as to the penalty imposed. ARTICLE 21 DISCIPLINARY ACTION Section 1. The Employer will have the right to discharge, suspend or discipline any employee for just cause. The Union acknowledges the disciplinary procedure(s) set forth in the Employee Handbook (dated 5/09). Section 2. Any dispute as to whether an employee committed the particular offense or participated therein will be subject to the grievance procedure provided it is presented in accordance with the outlined grievance procedure. If it is determined that the employee did not commit the alleged offense or participate therein, the Facility will reinstate the employee with seniority credit and back pay for actual time lost. Section 3. After twelve (12) months of an employee not receiving any disciplinary actions, all disciplinary notices except those affecting resident care/abuse shall be removed form the employee file. 18

20 Section 4. The Employer shall discipline within seventy-two (72) hours of the event giving rise to the discipline or within seventy-two (72) hours of notice of such event, whichever shall occur later. The time limits specified shall be deemed exclusive of Saturday, Sunday, holidays and the employee s scheduled days off. These time limits may be waived upon request. Such request shall not be unreasonably denied. Section 5. If any disciplinary action is taken against an employee, a Union Coordinator will receive copies of the disciplinary action within forty-eight (48) hours of the issuance of the disciplinary action. Upon request, the Union Coordinator shall be provided use of the Employer s facsimile machine for the sole purpose of forwarding said disciplinary actions to the Union. Such request shall not be unreasonably denied. ARTICLE 22 MAINTENANCE OF MEMBERSHIP All those employees of Morningside Nursing Home in the approved bargaining unit who work 20 hours or more per week, or who are thereafter employed on the basis of 20 hours or more per week, shall become members of the Union and all of them shall maintain their membership for the duration of this Agreement as a condition of employment. All those employees working fewer than 20 hours per week shall have the option of joining the Union, but once they have joined they shall maintain their membership for the duration of this Agreement as a condition of employment. Any employees whose hours are increased by the Employer to 20 hours or more per week shall become members of the Union and shall maintain their membership for the duration of this Agreement as a condition of employment. Any employee who requests a reduction in hours, and whose request is granted by the Employer, which results in a work week of less than 20 hours shall have the option of withdrawing from the Union by presenting a written notice for that purpose to the Employer and the Union within 30 days after the date on which the reduction in hour took effect. ARTICLE 23 HEALTH AND SAFETY Section 1. The Employer shall observe all applicable health and safety regulations and will take reasonable steps necessary to assure employee health and safety. Should any employee become aware of conditions he or she believes to be unhealthy or dangerous to the health and safety of employees or residents, the employees shall report the condition to his or her supervisor. All unsafe or unhealthy conditions shall be remedied as soon as practicable. An employee shall not be disciplined for refusing to perform job duties that are serious safety hazards. For the purposes of this section, serious safety hazards shall be defined by Centers for Disease Control and Prevention guidelines and pursuant to the Employer s policies. ARTICLE 24 LABOR/MANAGEMENT MEETINGS Section 1. The Employer and the Union, as evidence of attitude and intent, agree that during the life of this Agreement, individuals from both parties (not to exceed three (3) from each (four (4) from each if the union representative is present)), be designated, in writing, by each party to the other for the purpose of meeting at the call of the other party (but no more frequently than monthly), at mutually agreeable times and places so as to apprise the other of problems, concerns, suggestions, ideas, and so on, related to the Facility, the work force, and resident services, all to promote better understanding with the other. The meetings may be on work time. Such meetings shall not be for the purpose of initiating or continuing collective bargaining nor in any way modify, add to, or detract from the provisions of the Agreement. Grievances shall not 19

21 be considered proper subjects at such meetings. Nothing discussed at said meetings shall have the effect of limiting in any way the existing rights of the Employer to operate and/or manage the Facility. After discussion of the items, the Administrator will communicate to committee members the agreed upon actions deemed appropriate as a result of the meeting. Committee member employees who attend the committee meetings while on duty shall be paid. It is anticipated that the meeting will ordinarily be limited to no more than one hour unless both parties mutually agree. Each party may submit issues of concern one week prior to the meeting. ARTICLE 25 UNION MEETINGS AND CONVENTIONS Section 1. Attendance at Conventions The Employer shall allow up to three designees to attend Union conventions whether conducted by the Local, state or International Union. However, the following provisions shall apply: If two or more representatives are from one department, their attendance approval is contingent on whether scheduling will allow. Each designee must give at least two weeks advance written notice to the appropriate supervisor and, in nursing units, prior to the posting of the work schedule. Time off for this purpose shall be considered as time worked for the purpose of seniority only. Section 2. Long-Term Leaves. A leave of absence not to exceed twelve (12) months may be granted to an employee in order to accept a full-time position with the Union. The employee shall not lose nor accrue seniority during this period. An employee returning within twelve (12) months shall return to a comparable position if available. This right may be exercised only once in a 12 month period and applied to only one person at a time. ARTICLE 26 UNION REPRESENTATION Section 1. A duly authorized Union Representative shall met with the representatives of the Employer for the purpose of determining the maintenance of wages and working conditions hereunder provided as required. Section 2. Employees who hold elected or appointed Union office (i.e. Work Site Leader) will be allowed time off without pay to attend Union meetings. Work Site Leaders assigned to any shift will be granted time off without pay to attend Union meetings, provided: If two or more representatives are from one department, their attendance approval is contingent on whether scheduling will allow. The employee s supervisor has been given written notice prior to the posting of the work schedule, if possible. But in any event, no less than ten calendar days notice will be given. That such meetings will not exceed one day in duration, including travel time, except scheduled Union contract ratification meetings. 20

22 Section 3. A designated Work Site Leader will be allowed a 20-minute time slot at orientation to brief new employees about the Union. ARTICLE 27 WAGE PAYMENT Section 1. Payment of wages due shall be made bi-weekly every other Tuesday following the end of the pay period. If a payday falls on a standard holiday (New Year s Day, Fourth of July, Christmas Day), paychecks will be issued the preceding day. An error in an employee s paycheck of more than three hours pay, as a result of the Employer s error will be corrected by the Employer, and a special paycheck will be issued with the next supplementary check processing, which is weekly but not necessarily on the same day each week. A calendar of supplementary check dates is available upon request by the employee. When the Employer changes its payroll system, it will maintain bi-weekly payrolls. The Employer and the Union will meet prior to the effective date of the payroll change to agree on implementation. Section 2. The pay period shall consist of 75 hours or more and the full time workday shall consist of seven and one-half (7 ½) or seven and three-quarters (7 ¾) hours. Time and one-half (1½) will be paid for all work in excess of eight hours per day or 80 hours per pay period. Seniority shall prevail, as the needs of the Employer permit, in providing 80 hours of work. Overtime shall not be pyramided. Section 3. No current employee will be paid a straight time hourly rate less than the straight time hourly rate of a new employee or an employee with less seniority in the same classification. It is the intent of the Employer to implement any state or Federal wage Pass through. ARTICLE 28 SCHEDULES Section 1. Schedules shall be posted three weeks prior to the beginning of the schedule for all departments. Section 2. After the schedules have been posted, no changes therein shall be made without at least 24 hours verbal notice to the affected employee of the intended changes. This change must be mutually agreed to between the employer and the employee. Section 3. Requests for days off, leaves of absence, holidays, and vacations shall be made before the posting of the schedule, except in cases where such prior notice is not possible. The Employer will respond in writing to said request within one week of the date of the request, or the request will have been considered to have been granted. Employees shall not be expected or asked to find their own replacement, except in cases where the schedule has been posted and the request for leave is not sick leave, medical emergency, family emergency, weather related problems, or a death in the family. ARTICLE 29 LAYOFFS AND HOURS REDUCTION Section 1. In the event of a layoff of employees, the Employer shall provide a list of affected employees to the Union. A meeting will be held with the Union prior to taking any action. Section 2. In the event of a layoff, seniority will be the governing factor. 21

23 Section 3. The same criteria shall be applied in the reverse order to recall. If an employee fails to return to work within five working days of a written notification of recall, the employee will lose all of his/her job restoration rights. Section 4. An employee being considered for layoff shall be given a two-week written notice, if possible. Written notice that an employee has been laid off will be given to the Union. Upon request, employees being laid off shall be paid out vested benefits. Section 5 - In the event it becomes necessary to reduce hours, for reasons other than a temporary shift-to-shift reduction in hours due to daily census fluctuations which shall be governed by Section 6 below, it shall be by casual, probationary, then by reverse seniority within the affected classification. If an employee who is not casual or probationary volunteers for reduced hours, it shall be on a case-by-case basis and may be permitted. The Employer shall communicate to the Work Site Leader the employees affected and the hours to be reduced prior to the reduction. Section 6 - In the event that it becomes necessary to temporarily reduce hours shift-to-shift based on daily census fluctuations, it shall be by shift within the affected classification as follows: 1. Individuals receiving overtime on that shift by reverse seniority 2. Casuals and other part-time non-bargaining unit employees 3. Volunteer by seniority 4. Pick up shifts by reverse seniority 5. Lowest senior is called off/sent home. The Employer shall communicate to the Work Site Leader on a daily basis the employees affected and the hours that have been reduced. ARTICLE 30 INSERVICES Section 1. The Employer will use best efforts to offer in-service training on two (2) days and by video/audio tape to maximize attendance. Employer will schedule in-services during working hours, if possible. ARTICLE 31 RIGHT TO REVIEW RECORDS Employees may review their personnel files upon written request to the Facility business office at least one working day prior to the requested review. Employee personnel file reviews will be conducted during the employee s non-work time. All reviews will occur in the presence of a member of the business office staff or other supervisor. ARTICLE 32 RESPECT AND DIGNITY It is our policy to maintain a working environment free from offensive or degrading remarks or conduct. Such behavior is defined as inappropriate remarks about or conduct related to the employee s race, color, creed, religion, national origin, sex, criminal record, marital status, disability, sexual orientation or age. Offensive behavior prohibited by this policy also includes requests to engage in illegal, immoral or unethical conduct, or retaliation against a person who makes a complaint. One specific kind of offensive behavior is sexual harassment. Sexual harassment, which can consist of a wide range of unwanted sexually directed behavior, is defined as: 22

24 Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when; 1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual s employment; 2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or 3. Such conduct has the purpose or result of unreasonably interfering with an individual s work performance or creating an intimidating, hostile or offensive work environment. Any person who feels he or she is being subjected to offensive behavior should feel free to object to the behavior and should also report the behavior to his/her supervisor, his/her Administrator or the Vice President of Human Resources. It is not necessary for any employee who feels that he or she is the subject of offensive behavior to handle it himself/herself. If an employee feels harassed or offended by another employee, by a supervisory or management person, by a customer, vendor, or any other person whom he or she encounters in the course of employment, whether the opposite sex or same sex, and does not choose to deal with the problem directly, the employee should go directly to his/her supervisor, his/her Administrator or the Vice President of Human Resources. Further, any supervisor who receives an offensive behavior complaint or who has reason to believe offensive behavior is occurring shall report these concerns to one of the above-mentioned individuals. All allegations of offensive behavior will be investigated promptly, fairly and completely. The facts shall determine the response to each complaint. Depending upon the seriousness of the violation, remedial action may range from an apology, counseling, transfer, verbal or written warning, discharge warning or termination. Each situation will be handled as discreetly as possible. In the event that the offensive behavior reoccurs or if any retaliation results, the employee should immediately report it to his/her supervisor, his/her Administrator or the Vice President of Human Resources. Employees should understand that this policy applies to each and every member and employee of the Company, including all members of management, all full-time, part-time and temporary employees. No retaliation or intimidation directed toward anyone who makes a complaint will be tolerated. ARTICLE 33 - TERMINATION This Agreement shall remain in full force and effect from July 1, 2013, to and including June 30, 2016, and thereafter shall remain in full force and effect from year to year, unless not more than 90 days prior to June 30, 2016 or any subsequent June 30, either party gives written notice to the other of its intention to amend this Agreement. During the term of this Agreement, both parties agree that there shall be no strikes or lockouts. 23

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