THIS
PROFESSIONAL AGREEMENT is entered into between CASCADE HEALTHCARE COMMUNITY,
INC., doing business as
The intention of this Agreement
is to formalize a mutually beneficial
agreed upon and understandable working relationship between the Hospital and
the registered professional nurses of the Hospital, represented by the
Association, which will be based upon equity and justice with respect to wages,
hours of service, general conditions of employment and communication; to the
end that the dedicated common objective of superior patient care may be
harmoniously obtained and consistently maintained. All parties acknowledge and commit themselves
to improving the health of those we serve in a spirit of love and compassion,
which can only be achieved through the dedicated service of the professional
nurses of the Hospital to which this professional agreement is intended to
support.
For and in consideration of the mutual covenants and undertakings herein contained, the Hospital and the Association, including all members of the bargaining unit and the administration, desire a positive, collaborative alliance and do hereby agree as follows:
1.1 Bargaining Unit. The Hospital recognizes the Association as
the collective bargaining representative with respect to rates of pay, hours of
pay, hours of work and other conditions of employment for a bargaining unit
composed of all Registered Professional Nurses employed by the Hospital as
general duty nurses and assistant nursing unit managerscharge
nurses, excluding administrative and supervisory personnel
(other than assistant unit managers), nursing unit leader/managerssupervisors/managers/directors,
collaborative team managers, team leaders, and
Registered Professional Nurses not employed in direct patient nursing service.
1.2 Membership. Membership in ANA through the Association shall not be required as a condition of employment. Nurses who are currently members of the Association will be required as a condition of continued employment during the term of this Agreement to either maintain their membership or contribute a sum equal to the Association dues to the Hospital Auxiliary. All nurses covered by this Agreement except college instructors working during the summer months only must, after thirty (30) days from the nurse's first day of work or the effective date of this Agreement, whichever is later, as a condition of continued employment, either become a member of the Association or make a monthly fair share payment.
1.2.1 Fair Share Payment. The monthly fair share payment shall be as established by the Association, but in no event shall be greater than the monthly dues paid by members of the Association. Fair share payment shall be made to either the Association or the Hospital Auxiliary.
1.2.2 Dues Deduction. The Hospital will deduct Association membership dues or fair share contributions from the salary of each nurse who voluntarily agrees to such deductions and who submits an appropriately written authorization form to the Hospital. Deductions shall be made monthly and remitted to the Association together with the name of those authorizing deductions.
2.1 Access to Premises. Duly authorized representatives of the Association shall be permitted at all reasonable times to enter the facilities operated by the Hospital for purposes of transacting Association business and observing conditions under which nurses are employed; provided, however, that the Association's representatives shall, upon arrival at the Hospital, notify the Administrator or designee of the intent to transact Association business and that visitations other than on the day shift shall be after notification in advance to the Administrator or designee during normal office hours. Transaction of any business shall be conducted in an appropriate location subject to general Hospital rules applicable to non-employees and shall not interfere with the work of the employees.
2.2 Bulletin Boards. The Hospital shall provide to nurses a reserved section of the main employee bulletin board for their exclusive use for Association business. In addition, the Association may contact the Unit Managers for permission to post a notice of official Association business on a unit bulletin board and such permission will not be unreasonably refused. The Association will be responsible to see that such notices are removed from the bulletin boards when they have served their purpose.
2.3 Bargaining Unit Rosters. The Hospital will provide the Association and General Duty Unit Membership Chairperson, monthly, with a list of all new hires and terminations, including their names, addresses, social security numbers, date of hire, position and status of employment, and rates of pay. The Hospital will provide the Association every three (3) months a complete list of the Bargaining unit membership, including names, addresses, telephone numbers, social security numbers, and dates of hire.
2.4 Association Representative Rosters. The Association shall provide the Hospital with a list of committee members, chairpersons and other representatives and notify the Hospital of any modifications to such list as they occur.
2.5 Orientation of Newly Hired Nurses. The Association will be allowed twenty (20) minutes during Nursing Orientation and this time will be used only to provide newly hired RNs with a copy of the Collective Bargaining Agreement, membership packet, and orientation to the provisions of the existing contract. The Hospital is entitled to attend and respond to the Association presentation. The Hospital will provide the Association with notice of all scheduled orientations in a timely fashion.
2.6 Distribution of Association Materials. The Hospital will make available to bargaining unit nurses in the Human Resource Office membership informational materials, including a copy of this Agreement provided by the Association.
3.1 Nurse. Registered professional nurse currently
licensed to practice professional nursing in
3.2 General Duty Nurse. Responsible for the direct or indirect total care of the patient.
3.3 Assistant Unit
Manager (AUMCharge Nurse). A general duty nurse who has been awarded a
position to assist the unit leadership in the administration of an organized
nursing unit, but does not carry a twenty-four (24) hour responsibility for the
unit.
3.4 Relief Assistant Unit
ManagerCharge Nurse. A general duty nurse who has been assigned by
the Hospital to replace the AUMcharge
nurse on
a temporary basis.
3.5 Specialty Coordinator. An OR
nurse who has been awarded a position to coordinate the nurse-provided services
(i.e., provide technical expertise in a specific area, purchasing equipment,
educational liaison for staff, coordination and integration of nursing’s
clinical needs, coordination of services with physicians) in a surgical
specialty area.
A specialty coordinator will not be counted as part of the normal
staffing complement while performing this project function. The unit managerdepartment
supervisor/manager/director may interrupt these project functions
as required.
3.6 Regular Full-Time Nurse. Any nurse in a position which is regularly
scheduled for forty (40) hours per week or eighty (80) hours per pay
period. Nurses in positions which are
regularly scheduled for thirty-six (36) hours in a week on twelve
(12) hour shifts shall be considered full-time nurses. Nurses in positions that are regularly
scheduled for seventy-two (72) hours per pay period on nine (9) hour night
shifts shall also be considered full-time nurses.
3.7 Regular Part-Time Nurse. Any
nurse in a position that is regularly scheduled for less than forty (40) hours
per week but more than ten (10) hours per week.
3.8 Relief Nurse. A nurse employed in a relief position,
utilized on an intermittent basis as needed.
3.8.1 Retiree Relief Nurse. A nurse employed in a relief position that
prior to moving into the Retiree Relief Nurse position must meet the following
requirements: twenty (20) years service
as defined in Article 11.1, age eligible for 403B retirement, and be in a regular
benefited position per Article 3 at the time of transfer into the Retiree
Relief Nurse position. The Retiree Relief Nurse will be required to
meet the requirements of Article 7.11.2.
3.9 Temporary Position. A position having a duration of four (4) months or less. After four months, the Hospital will review the need for the position to determine if the temporary status should be continued for up to an additional two (2) months or if the position should be eliminated or posted as a regular position. A temporary position extension shall require mutual agreement between the Association and the Hospital.
4.1 Nondiscrimination. The Hospital shall continue its present policy that it complies with all discrimination laws pertaining to employment in hiring, placement, promotion, salary determination or other terms of employment of nurses employed in job classifications covered by this Agreement. The Hospital and Association will work cooperatively as required by the Americans with Disabilities Act to meet their joint obligation to accommodate employees with disabilities.
4.2 Association Membership and Activities. There shall be no discrimination by the Hospital against any nurse on account of membership in or lawful activity on behalf of the Association, provided it does not interfere with normal Hospital routine or the nurse's duties or those of other Hospital employees.
5.1 Discipline and Discharge. The Hospital shall have the right to hire,
suspend, discharge, promote, transfer, and discipline nurses for just cause.
5.1.1 Association Representation. A nurse shall have the right to have a representative of the Association accompany him/her to any meeting with the Hospital when he/she reasonably believes that such meeting may result in a disciplinary action.
5.1.2 Employee Response. Nurses shall have the right to respond in writing to disciplinary notices and have that response incorporated into the record.
5.1.3 Confidentiality. All disciplinary matters shall remain confidential between the nurse, the nurse's representative(s) and cognizant Hospital management.
5.1.4 Progressive
Discipline. The form of disciplinary action taken may
vary depending upon the nature and severity of the infraction and any
mitigating circumstances. When
appropriate, disciplinary action follows a progressive method by using
increasingly stronger action, and may include one or more of the
following: verbal warning, written
warning, probation with final written warning, or discharge. Disciplinary action on successive offenses
may be less severe, parallel or progressive, depending on the nature and
relationship between the offenses. A
performance improvement action plan can be developed in conjunction with a
disciplinary action as well as at other times.
5.1.5 Disciplinary Documentation. All disciplinary action shall be recorded in writing. The verbal warning is documented in the chronological record. More severe steps of discipline shall be documented in the personnel file. A copy of the discipline documentation shall be provided to the nurse receiving the discipline at the time it is administered.
5.1.6 Suspension Pending Investigation. A nurse may be suspended pending investigation in the event of an allegation of serious misconduct. The Hospital will notify the nurse of his or her right to consult with the Association. The Hospital will also forward the name of any nurse who is suspended to the Association when such suspension is initiated. The investigation will be concluded as soon as reasonably possible given the circumstances. Determination of the appropriate discipline in compliance with this article shall be made at the completion of the investigation. If the nurse is exonerated of misconduct, the nurse will be made whole for wages and benefits for the suspension period. If the nurse is discharged for just cause, the nurse will not receive pay or ETO/EIB accrual for the suspension period.
5.2 Introductory Nurses.
5.2.1 Introductory Period. Nurses employed by the Hospital shall become regular employees after they have been continuously employed for a period of ninety (90) consecutive calendar days except that if a relief nurse has not worked a minimum of three hundred (300) hours during that ninety (90) day period, then the nurse's introductory period shall continue until the three hundred (300) hours have been worked.
5.2.2 Introductory Discipline and Termination. Any nurse terminated during the introductory period shall be given the specific reasons therefore in writing and shall have been previously coached on their deficiencies. The standard for the discipline or discharge of an introductory period nurse is that such action shall not be arbitrary or capricious.
5.3 Notice of Resignation. All regular nurses shall give the Hospital not less than fifteen (15) working days' notice of intended resignation but shall be allowed to continue on their regular job assignment unless otherwise agreed to by the nurse. Failure to give such notice shall constitute forfeiture of accrued fringe benefits otherwise payable upon termination at a rate of the difference between fifteen (15) working days and the number of working days of advance notice given at the nurse's regular rate of pay, eight (8) hours per such working day.
5.4 Notice of Termination. The Hospital shall give regular nurses fifteen (15) working days' notice of the termination of their employment, or if less notice is given, the difference between fifteen (15) working days and the number of working days of advance notice shall be paid the nurse at her regular rate of pay, eight (8) hours per such working day; provided, however, that no such advance notice or pay in lieu thereof shall be required for nurses who are discharged for violation of nursing ethics or gross misconduct.
5.5 Exit Interviews. Each nurse leaving the employment of the Hospital shall be required to report for a termination or exit interview by the Human Resources Department. A nurse shall, if the nurse so requests, be granted an interview upon termination of their employment with the Chairperson of the Professional Nursing Care Committee ("PNCC").
5.6 Personnel Records. Personnel record information shall be made
available in accordance with state and federal law.
5.6.1 Evaluations. Each nurse shall be evaluated by a supervisor/manager/director. Clinical nursing skills shall be reviewed and assessed by an RN with clinical expertise. The supervisor/manager/director has sole responsibility for the outcome of the evaluation.
5.7 Chronological
Records.
5.7.1 Definition. Chronological records are maintained on the unit to document specific events or issues related to a nurse's performance. Entries are not considered discipline unless documented as a verbal warning under section 5.1.5.
5.7.2 Use. A chronological record that documents performance may result in an entry in the nurse's personnel evaluation or a disciplinary action. An evaluation or discipline will not be based on a chronological record that was purged before the evaluation or discipline was given.
5.7.3 Notice. The nurse will be notified promptly when a chronological record reflecting a performance concern is written. The chronological record is available for the nurse to review and to respond.
5.7.4 Purging. Chronological records shall be purged from the nurse's records after one (1) year if there has been no repeat occurrence of a similar nature.
6.1 Intent. It is the intent of the parties that grievances be adjusted informally wherever possible and at the first level of supervision. Both parties recognize the individual rights of employees to present grievances as provided for in section 9(a) of the National Labor Relations Act.
6.2 When Applicable. Whenever a nurse feels dissatisfied in connection with the interpretation and the application of the provisions of this Agreement, the nurse may present a grievance in accordance with the procedures set forth in this Article. A nurse past the initial introductory period who feels he/she has been suspended, disciplined or discharged without proper cause may invoke the grievance procedure.
6.3 Grievance Procedure.
Step One If an employee has a grievance that has not been settled informally, the matter shall be reduced to writing indicating the employee's understanding of the dispute and of the provisions of the Agreement that have allegedly been violated. The grievance shall be presented to the immediate supervisor, with a good faith effort to copy Human Resources, within fourteen (14) calendar days from when the employee became aware or reasonably should have been aware of the event constituting the grievance. The immediate supervisor shall meet with the grievant and, at the grievant's option, an Association Representative within seven (7) calendar days of the filing of the grievance. Together they shall attempt to resolve the grievance. The immediate supervisor shall give a written decision to the grievant, and a copy to the Association, within five (5) calendar days after the meeting.
Step Two If the grievance is not settled in Step One, it may be appealed in writing by the grievant, or with the grievant's concurrence by the Association, to the Nurse Executive within seven (7) calendar days from receipt of the written decision referred to in Step One.
The Nurse Executive or designee shall meet with the Association Representative and the grievant within seven (7) days of the receipt of the appeal and together they shall attempt to resolve the grievance. The Nurse Executive or designee shall give a written decision to the grievant, with a copy to the Association, within five (5) calendar days after the meeting. If the parties are unable to resolve the grievance within three (3) calendar days following receipt by the Association of the written decision, the decision may be appealed in writing by the grievant or the Association to the President or designee within seven (7) calendar days thereafter.
Step Three The President or designee shall meet with the grievant and the
Association Representative within seven (7) calendar days of the receipt of the
appeal. The President or designee shall
also review the case with the Unit Leader Managermanager/Nurse
Executive. The President or designee
shall give a written decision to the grievant and the Association
Representative within seven (7) calendar days after the meeting. The Association shall have fifteen (15)
calendar days from receipt of the written decision to refer the decision to
Arbitration.
6.4 Association Grievance. Grievances filed affecting two (2) or more
employees and involving the interpretation and/or application of a provision of
this Agreement may be presented by the Association representative and will be
filed at Step Two of the grievance procedure subject to the initial fourteen
(14) calendarcalendar
day period from the event constituting the grievance.
6.5 Timeliness. The time limits contained in this procedure may be extended by mutual written agreement of the Hospital and the Association. Grievances may be, by mutual written consent of the parties, referred back for further consideration or discussion to a prior step or advanced to a higher step of the grievance procedure.
6.6 Discharge Grievances. All discharge grievances shall be referred immediately to Step Two of the grievance procedure and shall be filed within seven (7) days of the effective date of discharge.
6.7 Arbitration Procedure.
A. Within seven (7) calendar days following receipt of the Association's notice of intent to arbitrate, the parties shall meet to try to mutually agree upon the selection of an arbitrator. If the parties cannot agree upon the selection of an arbitrator within the seven (7) day period, the parties agree to select an arbitrator from a list of at least five persons submitted by the Federal Mediation and Conciliation Service. A selection from the list shall be made within five (5) days of receipt of the list.
B. Selection of an arbitrator from a list may be by mutual agreement between the parties or by alternately striking one name each from the list until one is left. The first strike shall be determined by the flip of a coin.
C. The arbitrator's decision shall be final and binding upon the Hospital and the Association, provided, however, that the arbitrator shall not, without specific written agreement of the Hospital and the Association with respect to the arbitration proceeding before him/her, be authorized to add to, detract from, or in any way alter the provisions of this Agreement.
D. The arbitrator's fee and all joint incidental expenses of the arbitration shall be borne by the parties. However, each party shall bear the expense of presenting its own case.
7.1 Workweek. For nurses who normally work an eight (8) hour shift, the basic work period shall be eighty (80) hours in a two (2) week payroll period beginning Sunday at 7:00 a.m. For nurses who normally work a longer shift or a combination of shifts, the basic work period shall be forty (40) hours in a seven (7) day week beginning Sunday at 7:00 a.m.
7.2 Workday. Each
regular full-time and part-time bargaining unit position will have a designated
basic workday, which shall be eight (8) hours, nine (9) hours, ten (10) hours,
eleven (11) hours, or twelve (12) hours plus one-half (1/2) hour lunch
meal period on the nurse's own time.
7.3 Alternate Work Schedules. The
parties agree to consider alternate work schedules and/or position
modifications suggested by nurses or the administration that would require
modification of this Agreement.
Preliminary requests will be referred by the Hospital to the Association
for review and discussion. Alternate
work schedules or position modifications may be permitted following mutual
agreement between the parties.
7.4 Shift Length Alternative. Notwithstanding sections 7.2 and 7.3, the Hospital and a nurse can agree that the nurse's position will be scheduled for two different standard shift durations (8, 9, 10, 11 or 12 hours). The nurse's starting and stopping times shall remain approximately the same as the original schedule of the position, with only sufficient alteration to accommodate the varying shift lengths of the new schedule. Either the Hospital or the nurse can withdraw agreement to the alternate schedule upon two weeks' written notice prior to the posting of the work schedule, in which case the position reverts to the original designated workday and schedule. If the nurse vacates the position, it shall revert to its original designated basic workday and will not be posted with different shift durations, unless the Hospital and Association agree to a position modification under section 7.3.
7.5 Weekend Work. As a normal practice, the Hospital will schedule the nurse for every other weekend off.
7.5.1 Weekend Definition.