Harborview Medical Center 2019 - 2021 - SEIU Healthcare 1199NW

Transcription

COLLECTIVE BARGAINING AGREEMENTBy and Between theUNIVERSITY OF WASHINGTONFOR HARBORVIEW MEDICAL CENTERANDSEIU 1199 NORTHWESTForHarborview Medical Center2019 – 2021

UW – SEIU1199NW Master Contract2019-2021 BienniumCOLLECTIVE BARGAINING AGREEMENTBy and Between theUNIVERSITY OF WASHINGTONFOR HARBORVIEW MEDICAL CENTERANDSEIU DISTRICT 1199 NORTHWESTHOSPITAL AND HEALTH CARE EMPLOYEES UNION(Harborview Medical Center Registered Nurse Bargaining Unit, Professional/TechnicalBargaining Unit, Social Worker and Dietitian Bargaining Unit, Physician Assistant-Advanced RNPractitioner Bargaining Unit, Respiratory gnostic Technologist Bargaining Unit, Imaging TechnologistSupervisor Bargaining Unit, Airlift Northwest Bargaining Unit, Pharmacy Technician BargainingUnit)1

UW – SEIU1199NW Master Contract2019-2021 BienniumTABLE OF CONTENTSPREAMBLE . 5ARTICLE 1 – PURPOSE . 5ARTICLE 2 – NONDISCRIMINATION . 5ARTICLE 3 – REASONABLE ACCOMMODATION OF EMPLOYEES WITH DISABILITIES . 6ARTICLE 4 – RECOGNITION/EMPLOYER . 7ARTICLE 5 – AFFIRMATIVE ACTION . 8ARTICLE 6 – GRIEVANCE PROCEDURE. 8ARTICLE 7 – UNION MEMBERSHIP, DUES DEDUCTION, AND STATUS REPORTS . 11ARTICLE 8 – EMPLOYEE FACILITIES . 14ARTICLE 9 – HOURS OF WORK AND OVERTIME . 14ARTICLE 10 – BARGAINING UNIT CLASSES/DEFINITIONS . 17ARTICLE 11 – EDUCATIONAL AND PROFESSIONAL DEVELOPMENT . 18ARTICLE 12 – SCHOLARSHIP FUND – REGISTERED NURSES . 21ARTICLE 13 – TUITION EXEMPTION PROGRAM. 21ARTICLE 14 – EMPLOYMENT PRACTICES . 22ARTICLE 15 – COMMITTEES . 27ARTICLE 16 – HOLIDAY . 29ARTICLE 17 – VACATION SCHEDULE . 31ARTICLE 18 – SICK LEAVE . 33ARTICLE 19 – JOB POSTING & TRANSFER . 35ARTICLE 20 – MISCELLANEOUS LEAVE. 35ARTICLE 21 – FAMILY MEDICAL LEAVE ACT AND PARENTAL LEAVE . 37ARTICLE 22 – MANAGEMENT RIGHTS AND RESPONSIBILITIES . 39ARTICLE 23 – PERFORMANCE OF DUTY . 39ARTICLE 24 – UNPAID HOLIDAYS FOR A REASON OF FAITH OR CONSCIENCE . 39ARTICLE 25 – LEAVE DUE TO FAMILY CARE EMERGENCIES . 40ARTICLE 26 – CIVIL/JURY DUTY LEAVE AND BEREAVEMENT LEAVE . 40ARTICLE 27 – LEAVE RELATED TO DOMESTIC VIOLENCE, SEXUAL ASSAULT ORSTALKING . 41ARTICLE 28 – HEALTH INSURANCE AND PENSION. 41ARTICLE 29 – MILITARY LEAVE. 43ARTICLE 30 – WORKER'S COMPENSATION LEAVE . 44ARTICLE 31 – HEALTH AND SAFETY . 45ARTICLE 32 – SUBORDINATION OF AGREEMENT AND SAVING CLAUSE . 47ARTICLE 33 – COMPLETE AGREEMENT . 472

UW – SEIU1199NW Master Contract2019-2021 BienniumARTICLE 34 – DURATION OF AGREEMENT . 47ARTICLE 35 – DRUG AND ALCOHOL FREE WORKPLACE . 47ARTICLE 36 – CORRECTIVE ACTION/DISMISSAL PROCESS . 47ARTICLE 37 – TEMPORARY NURSES . 49ARTICLE 38 – SENIORITY, LAYOFF, REHIRE . 54ARTICLE 39 – RESIGNATION . 58ARTICLE 40 – MANDATORY SUBJECT . 58ARTICLE 41 – NEW EMPLOYEE ORIENTATION . 59ARTICLE 42 – UNION ACTIVITES. 59ARTICLE 43 – RN EXTENDED LEAVE . 62ARTICLE 44 – CLASSIFICATIONS AND RECLASSIFICATION . 63ARTICLE 45 – WAGES AND OTHER PAY PROVISIONS . 64ARTICLE 46 – PRIVACY . 73ARTICLE 47 – AIRLIFT NORTHWEST . 73ARTICLE 48 – TEMPORARY DIAGNOTIC IMAGING EMPLOYEES . 85ARTICLE 49 – WASHINGTON FAMILY MEDICAL LEAVE PROGRAM . 88SIGNATORIES . 89APPENDIX I – JOB CLASSIFICATIONS . 90APPENDIX II – PAYSCALE TABLE BC . 93APPENDIX III – PAYSCALE TABLE BE. 104APPENDIX IV – PAYSCALE TABLE BQ . 114APPENDIX V – PAYSCALE TABLE BR . 120APPENDIX VI – PAYSCALE TABLE BS . 122APPENDIX VII – LAYOFF UNITS. 131APPENDIX VIII – PA-ARNP NEW HIRE WAGES . 132MOU: AIRLIFT NORTHWEST FLIGHT PARAMEDIC . 134MOU: AIRLIFT NORTHWEST REASSINGMENT . 134MOU: ARTICLE 17 VACATION SCHEDULE . 134MOU: CALLBACK FROM STANDBY . 135MOU: COMMITTEES – DIETITIANS . 135MOU: COMMITMENT TO STAFF CONSISTENT WITH APPROVED PLANS . 136MOU: DIETITIAN BARGAINING UNIT AND WAGES . 136MOU: DIETITIANS PREMIUMS . 137MOU: EDI COUNCIL WORKGROUP – STAFF FOCUSED . 137MOU: HARBORVIEW NURSING SCHOLARSHIPS . 138MOU: LUMP SUM PAYMENT (1) . 1393

UW – SEIU1199NW Master Contract2019-2021 BienniumMOU: LUMP SUM PAYMENT (2) . 139MOU: MEDICAL ERRORS . 140MOU: NEGOTIATIONS FOR THE 2021-2023 AGREEMENT . 140MOU: PHARMACY TECH PAY RANGE INCREASES . 141MOU: QUARTERLY JLM COMMITTEES . 141MOU: RESPIRATORY THERAPISTS SKILLS TRAINING . 142MOU: SALARY OVERPAYMENT RECOVERY . 142MOU: TOP SALARY STEPS for PAY TABLE BE and BS . 143SIDE LETTER A . 144SIDE LETTER B . 144SIDE LETTER C . 145SIDE LETTER D – 4WH REHAB . 145SIDE LETTER E – DIVERSITY AND INCLUSION . 145SIDE LETTER F – TRACKING DISCRIMINATION AND BIAS . 146SIDE LETTER G – U-PASS. 1474

UW – SEIU1199NW Master Contract2019-2021 BienniumPREAMBLEThis Agreement is made by and between the Board of Regents of the University of Washington,hereinafter referred to as the "Employer" and SEIU Healthcare 1199 Northwest, hereinafterreferred to as the "Union" representing certain employees of Harborview Medical Center.ARTICLE 1 – PURPOSEThe purpose of this Agreement is to set forth certain terms and conditions of employment and toprovide improved patient care by promoting equitable employment relations and conditions. Inthe spirit of cooperation, the Union and the Employer are committed to proceeding with allnegotiations in a cooperative manner and as expeditiously as practical.ARTICLE 2 – NONDISCRIMINATION2.1The parties individually agree that they will not engage in any act or practice or pursue anypolicy which is discriminatory against any employee who may be a qualified disabledindividual, has status as a protected veteran who is a victim of sexual assault or stalking,or because of their military status, or because of age, sex, sexual orientation, genderidentity or expression, genetic information, pregnancy, political affiliation, political belief,marital status, race, national origin, color, creed, religion, or membership or nonmembership in a union. Unlawful harassment is included as a form of prohibiteddiscrimination.2.2Sexual Harassment. No employee shall be subjected to discrimination in the form of sexualharassment as defined in University of Washington Executive Order 31 onNondiscrimination and Affirmative Action.2.3Complaints. Employees who feel they have been the subject of discrimination, harassment,or retaliation are encouraged to discuss such issues with their supervisor, administrator, orHuman Resource Consultant for local resolution. The goal of local resolution is to addressand resolve problems as quickly as possible and to stop any inappropriate behavior forwhich a member of the University community is responsible.A formal complaint may be filed with the University Complaint Investigation and ResolutionOffice (UCIRO). Employees may also file discrimination, harassment or retaliationcomplaints with appropriate federal or state agencies or through the grievance process inaccordance with Article 6 of this Agreement. In cases where an employee files both agrievance and an internal complaint regarding the alleged discrimination, harassment orretaliation, with mutual agreement the grievance may be suspended until the internalcomplaint process has been completed.UCIRO shall include a statement in the initial e-mail they send out to all complainants thatsays, “Union members may have rights under their respective Collective BargainingAgreements. For more information you may contact your union or Labor Relations atlaborrel@uw.edu or https://hr.uw.edu/labor/unions.”In accordance with Executive Order 31, retaliation against any individual who reportsconcerns regarding discrimination or harassment, or who cooperates with or participatesin any investigation of allegations of discrimination, harassment, or retaliation isprohibited.5

UW – SEIU1199NW Master Contract2019-2021 BienniumBoth parties agree that nothing in this Agreement will prevent the implementation of anapproved affirmative action plan.2.4A grievance alleging a violation of this article must be submitted within one hundredeighty (180) days of an alleged occurrence.2.5When a grievance or complaint is filed, the University will implement interim measures asappropriate.2.6Bathroom Equity. Whenever feasible, the Employer will provide single-use gender-neutralbathrooms that are available to any individual desiring privacy.2.7Lactation. The Employer will comply with relevant State law regarding availability oflactation stations and reasonable time for the expression of milk.ARTICLE 3 – REASONABLE ACCOMMODATION OF EMPLOYEES WITHDISABILITIES3.1The Employer and Union will comply with all relevant federal and state laws, regulationsand executive orders and with the provisions of University of Washington Policy Statement46.5 on Reasonable Accommodation of Employees with Disabilities. The University andthe Union are committed to providing reasonable accommodation to employees withdisabilities.3.2An employee who believes that they suffer a disability and require a reasonableaccommodation to perform the essential functions of their position may request such anaccommodation through the Disability Services Office form or otherwise informing theemployee’s supervisor and/or department of the need for accommodation.3.3Employees requesting accommodation must cooperate with the University in discussingthe need for and possible form of any accommodation. The Employer may requiresupporting medical documentation and may require the employee to obtain a secondmedical opinion at Employer expense. Medical information disclosed to the Employer willbe kept confidential.3.4The Employer will determine whether an employee is eligible for a reasonableaccommodation and the final form of any accommodation to be provided.3.5An employee who is unable to perform the essential function of their position due todisability may be separated from service after the Employer has made good faith effortsto reasonably accommodate the employee’s disability in accordance with applicable stateand federal law. Disability separation is not a corrective action.3.6An employee who is unable to perform the essential function of their position may beprovided a leave of absence in accordance with 3.7 as an accommodation.3.7Disability Leave. Disability leave may be a combination of the employee’s accrued sicktime off, vacation time off, personal holiday, holiday credit, compensatory time, and/orunpaid time off, the combination of which may be determined by the employee. If disabilityleave is taken as unpaid, the employee may apply eight (8) hours of accrued paid time off6

UW – SEIU1199NW Master Contract2019-2021 Bienniumper month during the duration of the approved disability leave to provide for continuationof employer paid health benefits. The interspersed paid time off will be applied to the firstworking day of the month.3.8Pregnancy Accommodation. The Employer and the Union will comply with all relevantfederal and state laws, regulations, and executive orders and with the provisions ofWashington Administrative Policy Statement 46.7 Reasonable Accommodation ofPregnant Employees. The University and the Union are committed to providingreasonable accommodation to pregnant employees.A. The following pregnancy-related accommodations shall not require health careprovider certification and are not subject to an employer's claim of undue hardship:1. Providing more frequent, longer, or flexible restroom breaks;2. Modifying a no food or drink policy;3. Providing seating or allowing the employee to sit more frequently if the jobrequires standing; and4. Restricting lifting to seventeen pounds (17 lbs.) or less.B. An employee's pregnancy or pregnancy-related health condition may also beaccommodated as follows:1. Job restructuring, part-time or modified work schedules, reassignment to avacant position, or acquiring or modifying equipment, devices, or an employee'swork station;2. Providing for a temporary transfer to a less strenuous or less hazardousposition;3. Providing assistance with manual labor and limits on lifting;4. Scheduling flexibility for prenatal visits; and5. Any further pregnancy accommodation an employee may request.With respect to these accommodations, the University may request an employee providewritten certification from their treating health care provider regarding the need forreasonable accommodation and may deny an employee's request for reasons ofsignificant difficulty or expense.ARTICLE 4 – RECOGNITION/EMPLOYER4.1The Employer recognizes the Union as the sole and exclusive bargaining representative inall matters establishing and pertaining to wages and salaries, hours, and working conditionsfor all employees of the University of Washington in bargaining units certified by theWashington Personnel Resources Board, the Public Employment Relations Commissionand/or the Department of Labor and Industries under the jurisdiction of RCW 28B.16 and41.80. The composition of these units is as set forth in Appendix I of this Agreement –Bargaining Units Represented by the Service Employees International Union Healthcare1199NW.4.2"Employer" is the Board of Regents of the University of Washington acting for HarborviewMedical Center through its agents, administrators and supervisors as determined by theBoard of Regents.7

UW – SEIU1199NW Master Contract2019-2021 BienniumARTICLE 5 – AFFIRMATIVE ACTIONApplicable Law. The Union and the Employer agree to abide by and support the applicablestatutory and administrative laws pertaining to equal opportunity and elimination of employmentinequities.ARTICLE 6 – GRIEVANCE PROCEDURE6.1Definition. A grievance within the meaning of this Agreement shall be defined as anyalleged misapplication or misinterpretation of the terms of this Agreement, and/or theEmployer's written personnel rules and policies.A grievant, within the meaning of this Agreement, shall be defined as an employee(s)within a bargaining unit covered by this Agreement, who alleges a grievance, or the Unionalleging a grievance, under the terms and conditions of this Agreement.6.2Noninterference. Employees shall be free from restraint, interference, coercion,discrimination or reprisal in seeking resolution of their grievance when processed inaccordance with this procedure.6.3Application of the Grievance Procedure. This grievance procedure shall be available to allemployees covered by this Agreement subject to the following:A. Concerns regarding performance evaluations may be filed as a grievance andprocessed only through Step 2 of this procedure.B. Concerns regarding Health and Safety (Article 31.2 and 31.3) shall be resolvedfollowing the provisions of Sections 31.2 and 31.3.C. Concerns regarding corrective action may be filed as a grievance and processed perthe grievability/arbitrability language in Article 36.4.6.4Union Delegates. The Employer recognizes the right of the Union to designate UnionDelegates who shall be authorized to take up employee or group grievances through thegrievance procedure.A Union Delegate who is a bargaining unit employee and is processing a grievance inaccordance with the grievance procedure shall be permitted a reasonable time to assistin the resolution of legitimate employee grievances on the Employer's property withoutloss of pay. Such time off for processing grievances shall be granted by supervisionfollowing a request, but in consideration of any job responsibilities.6.5Time Limits. An extension of the time limitations as stipulated in the respective stepsbelow, may be obtained by mutual consent of the parties. Failure of the Employer tocomply with the time limitations due to negligence shall establish the right of the grievantto process the grievance to the next step or to submit the grievance to the next step.Failure of the grievant to comply with the time limitations due to negligence on their partshall constitute withdrawal of the grievance. A grievance may be withdrawn at any time,in writing to the Employer, by the grievant. Withdrawal of a grievance shall close thematter, and it shall not be resubmitted.8

UW – SEIU1199NW Master Contract2019-2021 Biennium6.6Contents. The written grievance shall include the following information:A.B.C.D.E.F.G.The date upon which the grievance occurred.The specific Article(s) and Section(s) of the Agreement violated.The past practice, rule, policy violated.Specific remedy requested.The grievant(s) name.Name and signature of Union representative (Staff or Steward).The nature of the grievance.Failure to include the above information shall not be a reason for invalidating thegrievance.ConsolidationGrievances arising out of the same set of facts may be consolidated by written agreement.Pay Status. An aggrieved employee and the Union Delegate shall be in a pay status duringthose working hours in which a grievance, a grievance mediation, or an arbitration hearingis held. Release time for additional employee representation shall be subject to approvalby the Labor Relations Officer or designee when a group grievance is filed.6.7Employee Representation. The Union is the official representative for any individualemployee or group of employees filing a grievance who wish to be represented. Individualemployees or groups of employees who choose not to be represented by the Union maypresent grievances to management through Step Two of the grievance procedure only.Such grievances may be adjusted by management so long as the adjustment is notinconsistent with the collective bargaining agreement and the Union has had anopportunity to review such adjustments.6.8Procedure. The following shall be the formal grievance process. The parties areencouraged to meet informally to resolve issues that may be potential grievances at thelowest possible level of supervision. Such informal meetings will not be considered a stepof the grievance process and will not stop the grievance timelines. If requested by theemployee, a Union representative may be present.Step One - Administrative. It is the desire of both the Employer and the Union thatgrievances be adjusted informally whenever possible. If an employee or the Union wishesto file a grievance, such grievance must be filed within thirty (30) calendar days from thedate the grievant is aware that a grievance exists. The grievance shall be in written formwith a complete description of the alleged grievance, the date it occurred, the specificarticle(s) and section(s) of the contract, or Employer policy or rule alleged to have beenviolated and the remedy sought. A copy of the grievance will be sent to the MedicalCenter's Human Resources Office. The parties will schedule a grievance meeting withinten (10) calendar days of filing. If requested by the grievant, a representative or delegatemay be present. The University will be represented by a manager with the authority toadjust the issues raised in the grievance and a representative from the Medical Center'sHuman Resources Office. The University will respond in writing within ten (10) calendardays of the meeting.Step Two - Review. If a satisfactory settlement is not reached within the required timeperiod above, the employee and/or representative may submit the written grievance to9

UW – SEIU1199NW Master Contract2019-2021 BienniumStep Two within fourteen (14) calendar days after the decision at Step One. A copy of thegrievance will be sent to the Medical Center’s Human Resources Office and the Office ofLabor Relations. The second step review meeting shall occur within ten (10) calendardays. The grievance review meeting shall include the grievant, the grievant'srepresentative or delegate, the head of the unit or designee, and representatives from theMedical Center's Human Resources Office and the University's Labor Relations Office.The University will respond in writing within fourteen (14) calendar days of the meeting. Ifa satisfactory settlement is not reached, the employee or representative may submit thewritten grievance to Step Three within fourteen (14) calendar days.Step Three: Grievance Mediation. If the grievance is not resolved at the Step Two, theUnion may file a request for mediation with the Public Employment Relations Commission(PERC) in accordance with WAC 391-55-020, with a copy to the Labor Relations Officewithin fourteen (14) days of receipt of the Step Two decision. In addition to all other filingrequirements, the request must include a copy of the grievance and all previousresponses. The Employer will inform the Union, in writing, and PERC within fourteen (14)days of receipt of Mediation request if they are not in agreement.Step Four: Arbitration. If a satisfactory settlement is not reached at the prior step, or thestep was skipped, either of the signatory parties to this Agreement may submit thegrievance to binding arbitration. Such submittal must be made within fourteen (14)calendar days following the written notice that the employer does not agree to Step ThreeMediation or the conclusion of the prior step.Panel of Arbitrators:The parties agree to establish a permanent panel of arbitrators. These arbitrators shallbe assigned cases by the parties on a rotating basis. If the arbitrator is not available tohear the case within ninety (90) calendar days of the decision by either party to go toarbitration, the parties may contact the next arbitrator in the rotation. If no arbitrator canhear the case within ninety (90) calendar days, the case will be assigned to the arbitratorwho can hear the case on the earliest date. If an individual arbitrator decides to removetheir name from the panel or if one or more members of the panel are not continued byeither party, the parties will meet to decide whether to substitute an additional name(s).No later than seven (7) working days prior to the scheduled arbitration meeting, theparties will submit questions of arbitration eligibility to the arbitrator for preliminarydetermination, share the name of each witness intending to testify at the hearing, andattempt to agree upon the issue statement. A copy of written materials submitted to thearbitrator will be provided to the opposing party.The parties agree that the arbitrator shall have no power to render a decision that addsto, subtracts from, alters or modifies in any way the terms and conditions of theAgreement. The parties further agree that the decision of the arbitrator will be final andbinding upon all parties. The Union or the Employer will have the right to request thearbitrator to require the presence of witnesses and/or documents. The arbitrator'sdecision shall be made in writing and the arbitrator shall be encouraged to render thedecision within thirty (30) calendar days of the close of the arbitration.10

UW – SEIU1199NW Master Contract2019-2021 BienniumARTICLE 7 – UNION MEMBERSHIP, DUES DEDUCTION, AND STATUS REPORTSDues Deduction. Upon authorization by an individual employee to the Union, the Employer shallprovide for the semi-monthly payroll deductions of union dues which are uniformly applied to allmembers in those bargaining units in which the Union is the exclusive bargaining agent.A. The Union shall transmit to the Employer by the cut-off date for each payroll period,the name and Employee ID number of employees who have, since the previouspayroll cut-off date, provided authorization for deduction of dues, COPE, or havechanged their authorization for deduction.7.1Employees who move to a position in another bargaining unit represented by the Unionwill have their Union deduction continued. When an employee covered by this contractmoves to a position that is not covered by this contract, dues deducted on behalf of theUnion will cease.Semi-monthly the Employer's Payroll Office will transmit the total deducted amount of duesmoney to the Union's office together with a list of current members on dues deductiontogether with any additions and deletions for that month.The Union will provide the Employer thirty (30) days advance notice of a change in theamount of dues.7.2Indemnific

(Harborview Medical Center Registered Nurse Bargaining Unit, Professional/Technical Bargaining Unit, Social Worker and Dietitian Bargaining Unit, Physician Assistant-Advanced RN Practitioner Bargaining Unit, Respiratory Therapist/Anesthesiology Technician/Electroneurodiagnostic Technologist Bargaining Unit, Imaging Technologist