Agreement Between The Regents Of The University Of Michigan And The .

Transcription

Agreement betweenThe Regents of the University of MichiganandThe Michigan Nurses Association andThe University of Michigan Professional Nurse CouncilExecuted October 10, 2018Expires June 30, 2021Please be conservative in printing only those pages that are absolutelyneeded to avoid wasting paper and tying up unit printers.Thank you.i

ARTICLETABLE OF CONTENTSPAGE # ¶1 RECOGNITION AND DEFINITIONS .1. 22 MANAGEMENT RIGHTS.3.153 PROFESSIONAL NURSING .3.174 PERFORMANCE PLANNING AND EVALUATION .9.285 NO-INTERFERENCE AND NO-LOCK OUT GUARANTEE .10.356 NON-DISCRIMINATION .11.447 ASSOCIATION DUES AND REPRESENTATION SERVICE FEES .12.478 CHECK OFF OF ASSOCIATION DUES .12.579 ASSOCIATION ORIENTATION .14.6510 BULLETIN BOARDS .15.7211 CLASSIFICATION AND WAGES .16.7912 COMPONENTS OF EARNINGS & PAYCHECK CORRECTIONS .17.8413 STAFFING AND SCHEDULING .18.8814 WORKLOAD REVIEW .28.13315 OVERTIME.33.14015-A ASSIGNED TIME OFF .40.16416 SHIFT PREMIUM .43.16517 ON-CALL SYSTEMS AND PAY .45. 170A18 CALL BACK PAY .48.17620 VARIABLE ACTIVITY .48.17820-A PER DIEM EMPLOYEE .56. 185R21 SENIORITY DEFINITIONS AND LOSS OF SENIORITY .58.18622 REINSTATEMENT, CREDIT FOR PRIOR SERVICE AND BRIDGING ELIGIBLE SERVICE PERIODS .60.19923 INFORMATION LISTS AND REQUESTS .62.21624 PERSONNEL FILES .63.23025 PROBATIONARY EMPLOYEES .64.23226 REDUCTION OF THE WORKING FORCE & RECALL PROCEDURES .65.24327 TRANSFERS: PROMOTIONS, DEMOTIONS AND LATERALS .72.26928 WORK REDESIGN .79.29629 PAID TIME OFF.81.32430 EXTENDED SICK TIME .93.33631 EMPLOYEE ASSISTANCE .97.34432 HOLIDAYS .99.34735 FUNERAL LEAVE PAY (BEREAVEMENT) .107 .40336 JURY AND WITNESS SERVICE .107 .40537 ANNUAL MILITARY LEAVE .108 .41038 LEAVES OF ABSENCE .109 . 410A39 BENEFIT PLANS .118 .440i

ARTICLETABLE OF CONTENTSPAGE # ¶40 COMMITTEES .129 .46441 EMERGENCY CLOSURE AND EMERGENCY OPERATIONS REDUCTION .130 .46942 TUITION SUPPORT PROGRAM .131 .47444 WORKPLACE SAFETY: SEXUAL HARASSMENT, ENVIRONMENTAL CONDITIONS, VIOLENCE .134 .48345 DISCIPLINE .144 .49746 DISPUTE RESOLUTION PROCEDURE AND MEDIATION PROCEDURE .149 .53047 ARBITRATION PROCEDURE .155 .57548 CONFERENCES .157 .58349 PROFESSIONAL DEVELOPMENT AND CONTINUING EDUCATION .158 .58750 RELEASE TIME FOR ASSOCIATION BUSINESS .161 .59352 SUBCONTRACTING, TEMPORARY AND/OR "AGENCY" NURSES .163 .60153 CHARGE NURSE GUIDELINES.164 .60553A NURSE PRACTITIONERS .164 . 605D54 SEVERABILITY .170 .60655 WAIVER .171 .60756 TERM OF AGREEMENT.172 .608APPENDIX A WAGE SCHEDULES FOR PAY GRADES GRADUATE NURSE, LEVELS A-F, ROLE SPECIFIC, N-4 AND N5 .173 .609APPENDIX A-1 WAGE SCHEDULES & STEP PLACEMENT FOR CERTIFIED REGISTERED NURSE ANESTHETIST (N-6)181 .618APPENDIX A-2 WAGE SCHEDULES FOR PER DIEM EMPLOYEES .182 . 625AAPPENDIX B CLASSIFICATION TITLES AND PAY GRADES .183 .626APPENDIX C REPRESENTATION AREAS .183 . 631AAPPENDIX E CALCULATION OF STRAIGHT DAY SHIFTS .184 . 637BAPPENDIX F TUITION SUPPORT.187 .APPENDIX G UMHS/UMPNC DRC NOTIFICATION CHECKLIST .189 .MOU RETIREMENT INCENTIVE .190 .638MOU CONTAGIOUS DISEASES .190 .639MOU DUAL APPOINTMENTS .191 .640MOU MILEAGE REIMBURSEMENT.191 .642MOU HOME CARE SERVICES LEASE CAR ASSIGNMENT, MILEAGE THRESHOLD & REIMBURSEMENT .192 .643MOU STARTING RATE FOR NEW EMPLOYEES AND TRANSFERS .193 .652MOU CERTIFIED NURSE MIDWIVES .194 .655MOU WEEKENDS .195 .656MOU TUITION LOAN .195 .671MOU UNIT RECONFIGURATION .196 .675MOU WORKFORCE TRANSITION.196 .697MOU PARKING .198 .700MOU DUAL CAREER APPOINTMENTS .199 .703MOU CRNA PREMIUM PAY .200 .704ii

ARTICLETABLE OF CONTENTSPAGE # ¶MOU CARE MANAGEMENT MODEL .200 .705MOU GRADUATE NURSE .201 .710MOU AFTER HOURS SCHEDULE .202 .713MOU FLIGHT NURSE SPECIALIST BONUS AND ELIGIBILITY.204 .714MOU ADVANCE PRACTICE NURSES RECRUITMENT ISSUES.205 .722MOU ADVANCED PRACTICE EDUCATIONAL PROGRAM .206 .724MOU UNIVERSITY MISSION AND VALUES .207 .726MOU RETIREMENT PLAN .208 .727MOU FOR-CAUSE DRUG TESTING .209 .728MOU HEALTH CARE COSTS – JOINT RESOLUTION .224 .732MOU MANAGERS PERFORMING BARGAINING UNIT WORK .225 .735MOU DISPUTE CHAIR .226 .740MOU WORK PLACE SAFETY LEADERSHIP EDUCATION .227 .741MOU WORKLOAD/STAFFING ISSUES .227 .742MOU CLINICAL MENTORS .228 .743MOU MNA PAC CONTRIBUTION .228 .744MOU HOME CARE SERVICES EMPLOYEE EXPENSE REIMBURSEMENT .229 .746MOU MICHIGAN VISITING NURSES PHONE TRIAGE NURSING SERVICE .229 .748MOU HOME CARE SERVICES OPERATION OF MOTOR VEHICLES, DRIVER REQUIREMENTS, AND VEHICLE USE .230 .750MOU MICHIGAN VISITING NURSES WORKLOAD/STAFFING ISSUES .231 .759MOU AMBULATORY CARE NURSE RESOURCE POOL .232 .768MOU MAGNET RECOGNITION.233 .771MOU SHORT TERM ASSIGNMENTS .234 .772MOU RELATED TO ARTICLE 50: UMPNC RELEASE TIME .235 .775MOU FLSA CHANGES 2016 .236 .778ADDENDUM A UNIT-BASED TEMPS/PER DIEM NURSE GUIDELINES .237 .ADDENDUM B PTO GUIDELINES AND DEFINITIONS .238 .ADDENDUM C DISABILITY ACCOMMODATION GUIDELINES .245 .ADDENDUM D PROFESSIONAL DEVELOPMENT FRAMEWORK AND RSAM.248 .ADDENDUM E STAFFING MODEL ATTACHMENT .253 .INTENT NOTE ARTICLE 1: RECOGNITION AND DEFINITIONS.254 . 8INTENT NOTE ARTICLE 3: PROFESSIONAL NURSING .254 . 20AINTENT NOTE ARTICLE 13: STAFFING AND SCHEDULING .255 .90INTENT NOTE ARTICLE 15: OVERTIME.256 .158INTENT NOTE ARTICLE 15-A: ASSIGNED TIME OFF .258 . 164DINTENT NOTE ARTICLE 16: SHIFT PREMIUM .258 .INTENT NOTE ARTICLE 17: ON-CALL SYSTEMS AND PAY .258 . 170AINTENT NOTE ARTICLE 18: CALL BACK PAY .259 .iii

ARTICLETABLE OF CONTENTSPAGE # ¶INTENT NOTE ARTICLE 20: VARIABLE ACTIVITY .259 . 180BINTENT NOTE ARTICLE 26: REDUCTION OF THE WORKING FORCE & RECALL .260 .247INTENT NOTE ARTICLE 27: TRANSFERS: PROMOTIONS, DEMOTIONS, AND LATERALS .261 .284INTENT NOTE ARTICLE 28: WORK REDESIGN .262 .INTENT NOTE ARTICLE 29: PAID TIME OFF.262 .325INTENT NOTE ARTICLE 30: EXTENDED SICK TIME .263 . 343AINTENT NOTE ARTICLE 32: HOLIDAYS.263 .349INTENT NOTE ARTICLE 38: LEAVES OF ABSENCE .265 .415INTENT NOTE ARTICLE 39: BENEFIT PLANS .266 .441INTENT NOTE ARTICLE 46: DISPUTE RESOLUTION PROCEDURE & MEDIATION PROCEDURE .266 .551INTENT NOTE ARTICLE 53: CHARGE NURSE GUIDELINES.267 . 605BINTENT NOTE APPENDIX A-2: WAGE SCHEDULES FOR PER DIEM EMPLOYEES .267 . 625BINTENT NOTE MOU: STARTING RATE FOR NEW EMPLOYEES AND TRANSFERS .267 .654GENERAL INTENT NOTES CONTRACT IMPLEMENTATION .268 .iv

1.The Regents of the University of Michigan hereinafter called the “University”or “Employer”, and the Michigan Nurses Association and its University ofMichigan Professional Nurse Council, hereinafter called “Association”, enterinto the following agreement this 10th day of October, 2018 and agree asfollows:ARTICLE 1RECOGNITION AND DEFINITIONSSECTION A. DESCRIPTION OF BARGAINING UNIT2.Pursuant to and in conformity with the certification issued by the MichiganEmployment Relations Commission on February 10, 1975 in Case NO. R74 C89, the University recognizes the Association as the sole and exclusiverepresentative for the purposes of collective bargaining in respect to wages,hours and other conditions of employment for all employees in the followingdescribed bargaining unit:3.All full-time and regular part-time and per diem registered professional nursesemployed by the University of Michigan at all facilities, as listed in appendix B,but excluding nursing supervisors, nursing managers, Nurse Supervisors,Clinical Nursing Directors, all other supervisors, instructional staff, and allother employees.3A.Also included are graduates of a registered nursing program pending licensureby the State of Michigan as a registered nurse.4.See Appendix B for current classification titles.SECTION B. DEFINITIONS5.The terms "employee” and "employees" as used in this Agreement (exceptwhere the Agreement clearly indicates otherwise) shall mean only an employeeor employees within the bargaining unit described in SECTION A.6.The term "full-time employee" shall mean a regular employee whose normalschedule of work is forty (40) hours per calendar week or eighty (80) hours pertwo calendar weeks or one hundred twenty (120) hours per three calendarweeks.7.The term "part-time employee" shall mean a regular employee whose normalschedule of work is less than forty (40) hours per calendar week or less thaneighty (80) hours per two calendar weeks or less than one hundred twenty (120)hours per three calendar weeks.1

8.The term "regular employee" shall mean an individual whose employment isreasonably expected to continue indefinitely and who is not employed in a PerDiem, temporary or student status. 19.The term “Per Diem employee” shall mean an individual who works on a nonregularly scheduled basis to provide direct patient care within a designatedunit/area. Per Diem employees are not guaranteed hours and will not bescheduled if there are not hours available. Per Diem employees are thoseemployees that have satisfied the 400 hours worked in a calendar year in aTemporary status in a unit-based position.2 Their work is 1) irregular, sporadic,or casual, or 2) for a limited duration and established for a specific project, toprovide relief for regular employee absences, or for augmenting regularemployees occasioned by resignations, dismissals, short term staffingrequirements, or other conditions that may create short term staffing needs. PerDiem employees will not be used to replace regular employees on a permanentor regular basis. 310."Temporary status" is employment which is (1) irregular, sporadic, or casual, or(2) limited in duration and established for (a) a specific project, (b) relief forregular employee absences, or (c) augmenting regular employees occasioned byresignations, dismissals, short term staffing requirements, or other conditionsthat may create a short term staffing need.10A.“Unit-based Temporary” shall mean those employees in “Temporary Status” asdescribed in Paragraph 10 and whose clinical work and position is unit-based asdefined in Paragraph 14.11."Student status" is employment which is required by or results from, the pursuitof any educational program for which services related to that educationalprogram are rendered.12."Registered" shall mean licensed to practice nursing in the State of Michigan.12A."Role Specific or Role Specific Advancement Model (RSAM)" shall refer tothose classifications/job titles in pay grade N-3.SECTION C. OTHER DEFINITIONS13.For the purpose of this Agreement, the following definitions shall apply:14."Unit" means a functional area of patient care or service administered separately(for purposes of, but not limited to, scheduling, educational funds, holidays,paid time off and Reduction-in-Force).See Intent Note for Paragraph 8See Article 20-A: Per Diem, Paragraph 185R-43See Intent Note for Paragraph 9122

ARTICLE 2MANAGEMENT RIGHTS15.All management rights and functions, except those, which are clearly andexpressly abridged by this Agreement, shall remain vested exclusively in theUniversity. Such rights and functions include, but are not limited to (1) fulland exclusive control of the management of the University, the supervisionof all operations, the methods, processes, means and personnel by which anyand all work will be performed, the control of property and the composition,assignment, direction and determination of the size and type of its workingforces; (2) the right to determine the work to be done and the standards to bemet by employees covered by this Agreement; (3) the right to change orintroduce new operations, methods, processes, means or facilities, and theright to determine whether and to what extent work shall be performed byemployees; (4) the right to hire, establish and change work schedules, sethours of work, establish, eliminate or change classifications, assign, transfer,promote, demote, release and lay off employees; (5) the right to determinethe qualifications of employees, and to suspend, discipline and dischargeemployees for cause and otherwise to maintain an orderly, effective andefficient operation.16.Nothing in this Article shall be construed to give the University the right toviolate applicable laws or direct employees to violate applicable laws.ARTICLE 3PROFESSIONAL NURSING17.The University has the authority, responsibility, and obligation to makeavailable high quality nursing care for patients and to provide and maintain asafe and suitable environment for the practice of nursing by the employeescovered by this Agreement. The University provides employees time andsupport services to complete their performance expectations. When, followingdiscussion with the employee, the supervisor agrees that sufficient time orsupport services have not been provided to meet an expectation, thatexpectation will be changed or deleted, or a plan will be developed to providesufficient time or support services. Performance expectations may be amendedas job requirements change. Staff will not be demoted if inability to meet roleexpectations is due to lack of coverage alone. An employee who believes thathe/she is being held accountable for meeting an expectation without beingprovided sufficient time or support services may appeal to the Associate ChiefNursing Officer.17A.Nurses employed in areas not reporting directly to Nursing will be assigned toan Associate Chief Nursing Officer most closely associated with the departmentor clinical area the nurse works in for the purpose of responding to concernsrelated to nursing practice or implementation of the Agreement. When nursingcare is provided, it is understood that the utilization of multidisciplinary teamsinclude the registered nurse to ensure continuity of care across the healthcarecontinuum and self-care efficacy.3

Professional accountability, the utilization of evidence based practice, respectfuland effective communication, and the commitment to safety are importantattributes of nursing practices. We acknowledge that continuous learning isessential and continuous evaluation and improvements are necessary tomaximize patient care outcomes. To this extent, registered nurses closest to thework, will be included in unit/departmental areas decision-making processes asit relates to the application of direct nursing care related activities.18.The University recognizes employees covered by this Agreement are licensedRegistered Nurses who are authorized to practice nursing by the State ofMichigan and who have the responsibility and obligation to provide highquality nursing care for patients within the resources and environment providedby the employer.If an employee believes that an assignment will compromise patient care andsafety, he/she will notify the manager or designee through the usual chain ofcommand for prompt problem solving. Notice of the concern will be promptlygiven to the charge nurse or supervisor. The RN will continue with thatassignment, and may do so under protest. The supervisor will address thesituation and provide resolution promptly.19.Employees and the University share the responsibility for providing nursingcare, which is consistent with the needs and goals of the patient using thefacilities provided by the University.19A.The design and building of new facilities or the expansion or revision ofexisting facilities will involve the consideration of work flow, new technologyand structure utilization for registered nurses. Committees formed to addressthese matters will include employees from the affected area and will include atleast one representative selected by the UMPNC.SECTION A. CLINICAL AUTHORITY20.Professional Registered Nurses govern nursing practice and are a provider andcoordinator of direct patient care services as part of the multidisciplinary team.The University recognizes that employees are members of the Nursingprofession and, as such, are employed to assume the responsibilities forassessment, planning, implementing and evaluating nursing care includingpatient education and discharge planning.The “Practice of Nursing” as defined by the Public Health Code, means thesystematic application of substantial specialized knowledge and skill, derivedfrom the biological, physical, and behavioral sciences, to the care, treatment,counsel, and health teaching of individuals who are experiencing changes in thenormal health processes or who require assistance in the maintenance of healthand the prevention or management of illness, injury, or disability. (Part 172 sec333.17201 Public Health Code). However, in this regard, these functions arepracticed with the patients for whom employees are given responsibility4

within the resources and environment provided by the University.20A.It is the nursing profession that determines the scope of nursing practice and it isthe registered nurse who is responsible and accountable for the provision ofnursing care. The Association and the Employer recognize the contributions ofassistive personnel in providing patient care. Unlicensed assistive personnelshall provide support to registered nurses’ practice. For any given patientassignment, the registered nurse utilizes professional judgment and assessmentskills to evaluate the qualifications of the person to whom she/he delegates. Theregistered nurse evaluates the patient’s needs, the complexity of the task, andthe environment in which the task must be performed. For any given patientassignment, the registered nurse supervises and determines the appropriateutilization of assistive personnel, including but not limited to LPNs andParamedics, involved in the provision of direct patient care. If the work of theassistive personnel is not delegated by the RN, it is not the responsibility of theRN to supervise, monitor, evaluate or provide guidelines for this work. To thisend, Registered Nurses will be provided job descriptions of the assistivepersonnel, including any specialized training, which has been provided for theseassistive personnel. Additionally, Registered Nurses may have input in thedevelopment of any unit specific training and/or competencies. The RN,through his/her professional judgment, has the right and the responsibility toquestion patient care orders/directives that are potentially harmful to the patient.The RN will utilize the established medical chain of command to questionpatient care orders/directives that are potentially harmful to the patient.421.We recognize the principle that clinical nursing skills are most effectivelyevaluated by a registered nurse. Therefore, wherever practicable, as determinedby the University, an employee

The Regents of the University of Michigan . and . The Michigan Nurses Association and . The University of Michigan Professional Nurse Council . Executed October 10 , 2018 . Expires June 30, 2021 . Please be conservative in printing only those pages that are absolutely . needed to avoid wasting paper and tying up unit printers. Thank you.