Transcription
AgreementbetweenThe State of Washington and SEIU Healthcare 1199NWDSHS-DOH2019 - 2021
COLLECTIVEBARGAININGAGREEMENTTHE STATE OF WASHINGTONANDSERVICE EMPLOYEES INTERNATIONALUNION HEALTHCARE 1199NWEFFECTIVEJULY 1, 2019 THROUGH JUNE 30, 20212019-2021
SEIU HEALTHCARE 1199NW2019-2021PREAMBLEPURPOSEARTICLE 1 NON-DISCRIMINATION . 1ARTICLE 2 RECOGNITION CLAUSE . 1ARTICLE 3 UNION DUES DEDUCTION AND STATUS REPORTS . 13.1Union Dues Deduction and Cancellation . 13.2Indemnification . 23.3Nurse Status Report . 2ARTICLE 4 UNION ACTIVITIES . 34.1Union Representatives . 34.2Union Delegates/Union Officers. 44.3Use of State Facilities, Resources and Equipment. 54.4Bulletin Boards . 54.5Time Off for Union Activities . 64.6Temporary Employment with the Union . 64.7New Employee Orientation. 64.82021-2023 Master Agreement Negotiations . 7ARTICLE 5 HOURS OF WORK . 85.1Definitions. 85.2Determination . 95.3Overtime-Eligible Nurses . 95.4Telecommuting . 115.5Overtime-Eligible Unpaid Meal Periods . 115.6Overtime-Eligible Paid Meal Periods for Straight Shift Schedules . 115.7Overtime-Eligible Rest Periods . 115.8Overtime-Exempt Nurses. 11ARTICLE 6 OVERTIME. 13Definitions. 136.16.2Overtime-Eligibility and Compensation . 146.3Overtime Computation. 146.4General Provisions . 146.5Compensatory Time for Overtime-Eligible Nurses . 156.6Mandatory Overtime . 16ARTICLE 7 TRAINING AND EMPLOYEE DEVELOPMENT . 177.1General Provision. 177.2Continuing Education and Professional Development . 177.3Employer Provided Training. 177.4Tuition Reimbursement . 187.5Education and Training Request . 18ARTICLE 8 LICENSURE AND CERTIFICATION . 18ARTICLE 9 CLASSIFICATION . 18SEIU Healthcare 1199NW 2019-21Page 1 of 5
Classification Plan Revisions. 189.19.2Position Review . 199.3Effect of Reallocation . 199.4Salary Impact of Reallocation. 20ARTICLE 10 COMPENSATION . 2110.1 “N1” Pay Range Assignments . 2110.2 Pay for Performing the Duties of a Higher Classification . 2210.3 Establishing Salaries for New Nurses . 2210.4 Periodic Increases . 2210.5 Salary Assignment upon Promotion . 2310.6 Demotion. 2410.7 Transfer . 2410.8 Reassignment . 2410.9 Reversion . 2410.10 Elevation . 2510.11 Part-Time Employment . 2510.12 Callback . 2510.13 Shift Premium for Registered Nurses and Related Classes . 2610.14 Supplemental Shift Premium for Nurses . 2710.15 Standby . 2710.16 Special Commitment Center . 2810.17 Preceptor Premium Pay. 2810.18 Float Pool Premium Pay . 2810.19 Charge Nurse Premium . 2810.20 Relocation Compensation . 2910.21 Salary Overpayment Recovery . 2910.22 Dependent Care Salary Reduction Plan . 3010.23 Pre-tax Health Care Premiums. 3010.24 Medical/Dental Expense Account. 3010.25 Voluntary Separation Incentives – Voluntary Retirement Incentives . 3010.26 Assault Benefits . 30ARTICLE 11 HEALTH CARE BENEFITS AMOUNTS . 3011.3 Wellness . 3111.5 Medical Flexible Spending Arrangement . 32ARTICLE 12 PERSONNEL FILES. 3212.6 Removal of Documents. 33ARTICLE 13 PERFORMANCE EVALUATION. 3413.1 Objective . 3413.2 Evaluation Process . 34ARTICLE 14 FLOAT POOLS . 35ARTICLE 15 HOLIDAYS . 3615.1 Paid Holidays . 3615.2 Holiday Rules. 3615.3 Personal Holidays . 37SEIU Healthcare 1199NW 2019-21Page 2 of 5
ARTICLE 16 VACATION LEAVE . 3816.1 Vacation Leave Credits . 3816.2 Vacation Leave Accrual . 3816.3 Vacation Leave Accrual Rate Schedule . 3916.4 Vacation Scheduling . 3916.5 Family Care . 4016.6 Vacation Cancellation . 4016.7 Vacation Leave Maximum . 4016.8 Separation . 40ARTICLE 17 SICK LEAVE . 4117.1 Sick Leave Accrual . 4117.2 Sick Leave Use . 4117.3 Use of Compensatory Time, Exchange Time, or Vacation Leave for Sick LeavePurposes . 4117.4 Restoration of Vacation Leave. 4217.5 Sick Leave Reporting and Verification. 4217.6 Sick Leave Annual Cash Out . 4217.7 Sick Leave Separation Cash Out. 4217.8 Reemployment . 43ARTICLE 18 MISCELLANEOUS LEAVE . 4318.3 Bereavement Leave . 4318.4 Personal Leave . 43ARTICLE 19 LEAVE WITHOUT PAY . 4419.2 Holidays for a Reason of Faith or Conscience. 4519.3 Requests – Approval and Denial. 4519.5 Limitations . 4519.6 Returning Nurse Rights. 4619.7 Compensable Work-Related Injury or Illness Leave . 4619.8 Military Leave . 4619.9 Educational Leave . 4619.10 Childcare and Elder Care Emergencies . 4619.11 Governmental Service Leave . 4619.12 Volunteer Firefighting Leave . 4619.13 Military Family Leave . 4719.14 Domestic Violence Leave . 47ARTICLE 20 FAMILY MEDICAL LEAVE . 4820.1 Eligibility . 4820.5 Parental Leave . 4920.11 Washington Family Leave act (WFLA) Effective until December 31, 2019 . 5020.12 Washington Family Medical Leave Program effective January 1, 2020 . 50ARTICLE 21 INCLEMENT WEATHER AND NATURAL DISASTER LEAVE . 50ARTICLE 22 SHARED LEAVE . 51ARTICLE 23 UNION MANAGEMENT COMMUNICATION COMMITTEES . 56SEIU Healthcare 1199NW 2019-21Page 3 of 5
23.1 Purpose. 5623.2 Committees . 5623.3 Participation . 5723.4 Scope of Authority . 57ARTICLE 24 MANDATORY SUBJECTS. 5824.3 Demand to Bargain – Release Time and Travel . 58ARTICLE 25 DISCIPLINE . 5825.3 Investigations . 5825.4 Representation. 59ARTICLE 26 RESIGNATIONS – WITHDRAWALS PRESUMPTION OF RESIGNATION. 6026.1 Resignations – Withdrawals . 6026.2 Presumption of Resignation . 60ARTICLE 27 ACCOMMODATION AND DISABILITY SEPARATION . 6127.1 Reasonable Accommodation and Disability Separation . 6127.2 Reasonable Safety Accommodation Under RCW 49.76 . 6227.3 Pregnancy Accommodation Under RCW 43.10 . 63ARTICLE 28 LAYOFF AND RECALL . 6428.2 Basis for Layoff . 6428.3 Voluntary Layoff, Leave without Pay or Reduction in Hours . 6428.4 Non-Permanent and Probationary Nurses . 6528.5 Temporary Reduction of Work Hours or Layoff – Employer Option . 6528.6 Layoff Units . 6528.7 Formal Options . 6628.8 Informal Options . 6628.9 Notification to the Union . 6728.10 Notification to Nurses with Permanent Status . 6728.11 Salary . 6728.12 Transition Review Period . 6828.13 Recall . 6828.14 General Government Transition Pool Program . 6928.15 Project Employment. 69ARTICLE 29 PRIVACY AND OFF-DUTY CONDUCT . 69ARTICLE 30 HIRING AND APPOINTMENTS . 7030.1 Filling Positions . 7030.2 Lateral Transfer within a Facility or Program – Permanent Employees . 7130.3 Permanent Status . 7230.4 Types of Appointment . 7230.5 Review Periods . 74ARTICLE 31 MANAGEMENT RIGHTS . 75ARTICLE 32 DRUG AND ALCOHOL FREE WORKPLACE . 77ARTICLE 33 TOBACCO FREE WORKPLACE . 77ARTICLE 34 TOOLS AND EQUIPMENT . 78ARTICLE 35 TRAVEL . 78ARTICLE 36 GRIEVANCE PROCEDURE. 78SEIU Healthcare 1199NW 2019-21Page 4 of 5
36.1 Terms and Requirements . 7836.2 Filing and Processing . 8136.3 Arbitration . 82ARTICLE 37 SENIORITY . 8337.1 Definition . 8337.2 Ties . 8437.3 Seniority List . 84ARTICLE 38 SAFETY AND HEALTH . 8438.2 Ergonomic Assessments . 8538.3 Safety Committees . 85ARTICLE 39 SAFE PATIENT HANDLING . 85ARTICLE 40 JOINT NURSE STAFFING COMMITTEE. 8640.3 Composition of the Joint Staffing Committees . 8740.4 Responsibilities of the Joint Staffing Committees . 8740.5 Annual Report . 8840.6 Posting of Staffing Plan and Staffing Levels . 8840.7 Non-Retaliation . 8840.9 Joint Nurse Staffing Committee Information . 88ARTICLE 41 STRIKES AND LOCKOUTS . 88ARTICLE 42 SKILLS AND ABILITIES . 88ARTICLE 43 DISTRIBUTION OF AGREEMENT. 89ARTICLE 44 SAVINGS CLAUSE . 89ARTICLE 45 ENTIRE AGREEMENT . 89ARTICLE 46 DURATION . 90APPENDICESAPPENDIX A . A-1Bargaining Units Represented by the SEIU Healthcare 1199APPENDIX B . A-2"N1" Range Salary Schedule - Effective July 1, 2019 through June 30, 2020APPENDIX C . A-10"N1" Range Salary Schedule - Effective July 1, 2020 through June 30, 2021APPENDIX D . A-19Statewide and Local Union-Management Communication CommitteesMEMORANDA OF UNDERSTANDINGBIDS FOR DIRECT CARE WARD AND FLOAT POOL POSITIONS . M-1SHIFT EXCHANGE . M-3WORK RELATED TRAVEL FOR NURSE CONSULTANTS . M-5LEAVE, ATTENDANCE AND OVERTIME WORKGROUP . M-6DIVERSITY, EQUITY AND INCLUSION . M-8ARBITRATION FILING . M-9SIGNATURE PAGESEIU Healthcare 1199NW 2019-21Page 5 of 5
PREAMBLEPursuant to the provisions of RCW 41.06 and 41.80, this Agreement is made and enteredinto by the State of Washington, referred to as the “Employer,” and the Service EmployeesInternational Union Healthcare 1199NW (SEIU Healthcare 1199NW) referred to as the“Union.” The purpose of this Agreement is to set forth the understanding reached betweenthe parties with respect to wages, hours of work and conditions of employment.
PURPOSEThe purpose of this Agreement is to facilitate the achievement of the mutual goal ofproviding quality health care by maintaining fair and reasonable employment conditionsand by promoting effective methods for prompt adjustment of differences,misunderstandings and disputes.
ARTICLE 1NON-DISCRIMINATIONUnder this Agreement, neither party will discriminate against nurses on the basis ofreligion, age, sex, gender identity, gender expression, marital status, status as abreastfeeding mother, race, color, creed, national origin, political affiliation, militarystatus, status as an honorably discharged veteran, disabled veteran or Vietnam era veteran,sexual orientation, or any real or perceived sensory, mental or physical disability, geneticinformation, because a nurse is an actual or perceived victim of domestic violence, sexualassault or stalking, or because of the participation or lack of participation in unionactivities. Bona fide occupational qualifications based on the above traits do not violatethis Article. The Employer and the Union agree to support and encourage diversity in theworkplace and prevent all forms of discrimination.ARTICLE 2RECOGNITION CLAUSE2.1The Employer recognizes the Union as the exclusive bargaining representative forall registered nurses in the bargaining units described in Appendix A, entitled“Bargaining Units Represented by the SEIU Healthcare 1199NW,” but it does notcover any statutorily excluded positions or any positions excluded in Appendix A.The titles of the jobs listed in Appendix A are listed for descriptive purposes only.This does not mean that the jobs will continue to exist or be filled.2.2If, during the term of this Agreement the Public Employment RelationsCommission (PERC) certifies the Union as the exclusive representative for anotherbargaining unit in general government, the terms of this Agreement shall apply.ARTICLE 3UNION DUES DEDUCTION AND STATUS REPORTS3.1Union Dues Deduction and CancellationA.The Employer will inform new, transferred, promoted, or demoted nursesprior to appointment into positions included in the bargaining unit(s) of theUnion’s exclusive representation status. The Employer shall furnish nursesappointed into bargaining unit positions with membership materialsprovided by the Union.B.When a nurse provides written authorization to the Employer, the Union hasthe right to have deducted from the nurse’s salary, an amount equal to theinitiation fees or dues required to be a member of the Union.C.A nurse may cancel their payroll deduction of dues or initiation fees bywritten notice to the Employer and the Union. The cancellation will becomeeffective on the second payroll after receipt of the notice.SEIU Healthcare 1199NW 2019-211
3.2IndemnificationThe Union and nurses agree to indemnify and hold the Employer harmless from allclaims, demands, suits or other forms of liability that may arise against theEmployer for or on account of compliance with this Article and any and all issuesrelated to the deduction of dues and fees.3.3Nurse Status ReportA.On a pay period basis, the Employer will provide to the Union with a reportin an electronic format of the following data, if maintained by the Employer,for all nurses in the bargaining units.B.1.Personnel area code2.Nurse’s name3.Nurse’s personnel number4.Dues deduction start and end date5.Deduction amount and code6.Mailing address7.Job classification title8.Employment percentage9.Range and step10.Gross salary11.Appointment date and unbroken service date12.Facility13.Employment status14.Personnel sub-code15.Work phone number (if available)16.Work e-mail address (if available)On a pay period basis, the Employer will provide the Union with a report inan electronic format of the following data, if maintained by the Employer,for all nurses who have been appointed to, separated from, promoted orretired out of the bargaining units.1.Personnel area codeSEIU Healthcare 1199NW 2019-212
C.2.Nurse’s name3.Nurse personnel number4.Dues deduction start and end date5.Deduction amount and code6.Mailing address7.Job classification title8.Employment percentage9.Gross salary10.Appointment date and unbroken service dates11.Range and step12.Facility13.Employment status14.Personnel sub-code15.Effective date of the action.16.Work phone number (if available)17.Work e-mail address (if available)The Union shall maintain the confidentiality of all nurses’ mailingaddresses.ARTICLE 4UNION ACTIVITIES4.1Union RepresentativesA.The Union will provide the Employer with a written list of unionrepresentatives. The Union will provide written notice to the Employer ofany changes within thirty (30) calendar days of the changes.B.Union representatives may have access to the Employer’s offices orfacilities in non-work areas, as approved by the Employer, to carry outrepresentational activities. The representatives will notify localmanagement prior to their arrival and will not interfere with or disturbSEIU Healthcare 1199NW 2019-213
nurses in the performance of their work during working hours, nor interferewith patient care or the normal operations of the agency. The Unionrepresentative may meet with bargaining unit nurses in non-work areasduring the nurses’ meal
Agreement between . The State of Washington and SEIU Healthcare 1199NW . DSHS-DOH . 2019 - 2021
