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COLLECTIVE BARGAINING AGREEMENTbetweenKAISER FOUNDATION HOSPITALS& KAISER FOUNDATIONHEALTH PLAN OF THE NORTHWESTSERVICE EMPLOYEES INTERNATIONAL UNIONLOCAL 49in effect fromOCTOBER 1ST, 2015throughJUNE 3OTH, 20191-800-955-3352 FAX 503-238-66923536 SE 26TH AVE PORTLAND, OR 97202WWW.SEIU49.ORG
O C TO B E R 1 , 2 0 1 5 t o J U N E 3 0 , 2 0 1 9
SEIU members are nearly 60,000 of the 100,000 Kaiser Coalition of Unions membership. In this round ofnegotiations we demonstrated that when SEIU members stick together with other union members around thecountry we truly are stronger together. Through incredible member action and unity we protected our localcontract and we were able to keep all those things we worked so hard on.We showed Kaiser Permanente that we make Kaiser 5 stars. Together, we stickered up, did delegations,held rallies and worksite actions to make sure Kaiser knew that we would do what it takes for a fair contract.Together, we brought home a contract that includes across-the-board 7% raises for the next three years inaddition to many other protections and gains. With this “Yes” vote we won on all of our priorities including: Winning 7% raises for all members over the life of the contract. In addition to maintainingour step increases and longevity differential. Protecting our pensions. This includes protecting our 1.45% pension contribution and TSA match. Securing retiree medical benefits. We protected eligibility for retiree medical so members Increasing money for education and training up to 3,000 per year. We secured a 33% Protecting and extending our local contract. Protecting our full employer-paid family health insurance. This means we don’t pay any Improving the Total Health Incentive Plan with potential of a 500 Bonus per year. Protecting our dental coverage and adding orthodontia for our kids. Improving our rights on the job and enhanced our ability to create safe & healthy workplaces. And much, much more!continue to be eligible with 15 years of service and maintaining status quo for all currently retiredmembers and their medical benefits.increase in funding to the SEIU Education Trust which members can access for career developmentand training and we won an additional 1 million per year to support workers to be successful inredeployment.premiums. And we kept our 3 prescription drug co-pays and our 5 medical appointment co-pays.SEIU Local 49 Kaiser members continue to lead the way for healthcare workers across the region. To continueraising standards and protect what we have, we know we must continue to raise standards for caregiversacross Oregon and Washington. Together, we’ll continue to organize to make sure all caregivers have goodjobs and quality, affordable care and respect on the job.Keep Informed & Get Involved! Friend us on Facebook. Search “SEIU Local 49” Visit: www.seiu49.org Sign up for email updates and mobile text alertswww.seiu49.org Become A Steward!To get a copy of your contract on-line visit: www.unioncoalition.orgIf you have questions or would like more informationtalk to your steward or call the SEIU Local 49 KaiserHotline (503) 236.4949 ext.220
O C TO B E R 1 , 2 0 1 5 t o J U N E 3 0 , 2 0 1 9By sticking together we are proud of our accomplishments we made. We look forward to continuingto build worksite strength and ensure we train and support stewards and leaders in all departments.We will continue to build industry strength by helping non-union workers form unions and come upto the pay and benefit standards we have accomplished through our union. And we will continue toincrease community and political strength so that we can improve the lives of all working families.We look forward to seeing you at an upcoming union event - because our strength is our unity.In Solidarity,Elena AssadKaiser North InterstateVici LeachKaiser Sunnyside Medical CenterMary BrooksKaiser Airport WayJulie MarkiewiczKaiser Process CenterPatrick EdwardsKaiser DentalDawn MartinKaiser OrchardsMelissa GarciaKaiser North LancasterPaula McGuffeyKaiser Sunnyside Medical CenterJonathan GillespieKaiser Westside Medical CenterMeg NiemiPresident, SEIU Local 49Juanita KamhootKaiser Sunnyside Medical CenterEbony PattonKaiser Central InterstateMarsha KingKaiser Sunnybrook MedicalLinda RamirezKaiser TualitanJacy LaPlanteKaiser Cascade Park
Important Contact InformationIf you have a workplace issue contact your shop steward. You can find a list of shop stewardsat www.seiu49.org. Still have questions?Contact your contract specialist at 503-236-4949 ext 220.Service Employees International UnionLocal 493536 SE 26th AvenuePortland, Oregon 97202-2901Phone: 503-236-4949 or 1-800-955-3352Fax: 503-238-8653www.seiu49.orgKaiser Hotline: 503-236-4949 ext.220Kaiser Partnership Tools & Agreements:www.lmpartnership.orgEmployee Benefits1-877-457-4772SEIU Education TrustKaiser www.seiu-uhweduc.orgKaiser PermanenteHuman Resources Department503-813-4800Retirement Service Center1-877-457-4772Directions: How to use your collective bargaining agreementThis book includes both the Collective Bargaining Agreement for SEIU Local 49, for the Northwest.This document represents agreements reached between Kaiser Permanente and SEIU and cover allemployees represented by SEIU Local 49 in Oregon and Southwest Washington.Some important things to remember when using this document:In the local Collective Bargaining Agreement you will find footnotes that reference languagein the national agreement. The national language will provide additional information on thearticle or in some cases may represent that issue in total. This document can be viewed atwww.lmpartnership.org.The local and national agreements have different expiration dates:National: October 1, 2015 – September 30, 2018Local: October 1, 2015 – June 30, 2019Letters Of Agreement (LOUs) remain in effect during the life of the contract.Letters of Understanding exist that may amend local language and provisions to these agreements.For information on these Letters of Understanding, please contact your Contract Specialist orSteward.
O C TO B E R 1, 2015 to JUNE 30, 2019015 to JUNE 30, 2019TABLE OF 038.039.040.041.0DURATION OF AGREEMENT . 1PURPOSE OF AGREEMENT/CONFORMITY TO LAW* . 1SCOPE OF AGREEMENT . 1RECOGNITION AND UNION SECURITY . 3BULLETIN BOARDS . 4CONTRACT PRINTING . 5NON-DISCRIMINATION . 5UNION STAFF REPRESENTATIVES. 5UNION STEWARDS . 5LABOR MANAGEMENT PARTNERSHIP COOPERATION . 6TYPES OF EMPLOYEES. 8SENIORITY . 11JOB BIDDING . 11JOB BIDDING - LEADPERSONS . 14REDUCTION IN FORCE . 14, 49FLOATING . 17HOURS OF EMPLOYMENT AND OVERTIME . 18SCHEDULING . 20REPORTING PAY . 24WAGE RATES . 24PAYDAY AND PAYCHECKS* . 25PRIOR EXPERIENCE . 25TENURE STEP ADJUSTMENTS . 25“RED CIRCLE” RATES . 26RECLASSIFICATION . 26JOB DESCRIPTIONS . 27MILEAGE . 27STANDBY PAY . 27DIFFERENTIALS . 28WORK IN A HIGHER CLASSIFICATION . 29PROMOTIONS . 30REST AND MEAL PERIODS . 30HOLIDAYS . 30VACATIONS . 31SICK LEAVE . 33BEREAVEMENT LEAVE . 34JURY DUTY . 35TIME OFF REQUESTS . 35TAX SHELTERED SAVINGS PLAN . 35HEALTH PLAN . 36DISABILITY INSURANCE . 36GROUP LIFE INSURANCE . 37
.055.056.057.058.0BENEFIT PREMIUMS .37FRINGE BENEFIT IMPROVEMENTS GUARANTEE .38EMPLOYEE ASSISTANCE PROGRAM . 38RETIREMENT BENEFITS . 38LEAVE OF ABSENCE . 40INTER-UNION JURISDICTIONAL DISPUTES . 42CONTRACT DISPUTES/GRIEVANCE & ARBITRATION PROCEDURE* . 42DISCIPLINE AND DISCHARGE* . 45HEALTH AND SAFETY . 45STAFFING . 47INSERVICE EDUCATION . 48EDUCATION . 48CHILD CARE . 49CONSCIENTIOUS OBJECTION . 49EMPLOYMENT SECURITY PROVISIONS . 49PERFORMANCE EVALUATIONS* . 50CONFIDENTIALITY OF RECORDSAND PROTECTED HEALTH INFORMATION . 51
THIS AGREEMENT made and entered into as of October 1, 2015, by and between the KAISERFOUNDATION HOSPITALS and KAISER FOUNDATION HEALTH PLAN OF OREGON (hereinaftercollectively referred to as “Employer”) and SERVICE EMPLOYEES UNION and its LOCAL NO. 49(hereinafter collectively referred to as “Union”).DURATION OF AGREEMENTThis agreement shall become effective October 1, 2015 and shall continue in effect until June30, 2019. It shall continue from year to year thereafter unless amended, modified, changed orterminated.Either party wishing to change or terminate this Agreement must serve written notice of a desire toamend to the other party at least ninety (90) days prior to the expiration date.Notice of desire to change or terminate given by one party shall render unnecessary a similar noticeby the other party.WITNESSETH:That the parties hereto have agreed as follows:1.1PURPOSE OF AGREEMENT/CONFORMITY TO LAW*1.2It is the intent and purpose of the parties to set forth herein their Agreement covering rates ofpay, hours of work and conditions of employment for employees covered by this Agreement,to collaboratively work to provide high quality, affordable service and care for patients andmembers, and to promote harmonious relations between the Employer and the Union.1.3If any provision of this Agreement is found to be in conflict with State or Federal law, theremaining provisions of the Agreement shall remain in full force and effect. In the event anyprovisions(s) are declared to be in conflict with any law, both parties shall meet immediately forthe purpose of renegotiating only the provision(s) so invalidated.2.1SCOPE OF AGREEMENT(Also refer to National Labor-Management Partnership Recognition and Campaign Rules8/3/99 and LOU - Ground Rules for Union Organizing)2.2The term “Employee” or “Employees” as and wherever used in this Agreement shall meanand include employees of the employer employed in the classifications set forth in Schedule“A” attached hereto at the Employer’s Kaiser Permanente facilities, including but not limited tofacilities located in Multnomah, Clackamas, Washington and Marion Counties in the State ofOregon, Clark County and Cowlitz County in the State of Washington.2.3This Agreement shall also apply to employees performing work in the classifications set forth inSchedule “A” as appropriate in any new facility operated by the Employer.2.4This agreement shall not apply to job classifications not referred to in Schedule A unless a jobclassification is added to the bargaining unit by the following procedure:A. The Union will provide written notification to the Employer that it has obtained a showingof interest by signed and dated authorization cards of at least fifty percent (50%) of theemployees in that job classification. The Employer will provide a list of employees in thatjob classification within five (5) days of written notification from the Union that will includename, address, telephone number, job location and Social Security number.SEIU Local 49 – October 1, 2015 to June 30, 20191
B. An election date will be set within five (5) working days from the date the Employer receivesthe written notification from the Union. The date will be no later than three (3) weeks fromthe date the Employer receives the written notification from the Union. The election will beconducted by a neutral third party selected by the parties. Employees who have been hiredor who have terminated after the list has been made will not be eligible to vote.C. If a dispute exists regarding the employee list that cannot be resolved by the parties, apermanent arbitrator, which will be selected within fifteen (15) working days from the signingof this agreement, will hear and decide the issue prior to the date of the scheduled election.D. The parties will meet at a mutually agreeable date and time to verify the Union’s fiftypercent (50%) showing of interest but no later than the date of the election. If the Unioncannot show a fifty- percent (50%) showing of interest the election will not be held.E. Elections will be conducted pursuant to this Article only for job classifications considerednon-professional by the National Labor Relations Board. The Employer will send the Unionon or about the fifteenth (15th) of January, April, July and October of each year, a list ofunrepresented, non-professional job classifications by job code classification number, titleand work location. If the Employer changes its job code or job classification system it willnotify the Union and the arbitrator.F. If an election determines the Union has a majority of employees in a job classification whowish to be represented by the Union, this job classification(s) will be covered by the CurrentCollective Bargaining Agreement with the exemption of wages which will be negotiated bythe parties.2.5Under no circumstances will the provisions of this Agreement apply to supervisors, confidentialemployees or confidential secretaries.2.6The Employer recognizes the fact that bona fide supervisory employees are only those whohave the authority to hire, promote, discipline, discharge or otherwise effect changes in thestatus of employees or effectively recommend such action; and it is not the policy to establishjobs or job titles for the purpose of excluding such employees from the unit established in thisArticle 2.0.2.7The parties recognize that the Employer has the right and obligation to assign and scheduleemployees in a manner compatible with efficient operations. It is also understood thatsupervisory personnel shall not be utilized to perform bargaining functions in a way that wouldresult in a reduction in the number of bargaining unit employees or in a way that would result ina permanent reduction in scheduled hours of work of a member of the bargaining unit.Volunteers and Special Programs*2.8The volunteer’s role in the facilities is to provide services to patients that may not otherwise beoffered.The Employer agrees that programs such as volunteer programs and summer youth programsshall not be utilized to displace bargaining unit employees or to fill positions previouslyoccupied by bargaining unit employees, nor shall they be used to reduce their hours of work.The Employer shall notify the Union upon commencement of volunteer programs and summeryouth programs of the number of participants, their classification, work location, hours of workper week, and the duration of the program.2.92In the event the Employer enters into an arrangement with an outside contractor to take overthe employment of employees covered by this Agreement, every reasonable effort shall bemade to enter into such an arrangement with a contractor whose employees are covered underthe terms and conditions of a union labor agreement.SEIU Local 49 – October 1, 2015 to June 30, 2019
Management Rights2.10The Union recognizes that the Employer has the duty and the right to manage its facilities andto direct the working forces. This includes, for example, the right to hire, transfer, promote,demote, layoff, discipline and discharge employees, subject to the terms of this Agreement andthe grievance procedure.3.1RECOGNITION AND UNION SECURITY(Also refer to provisions of National Agreement: Section 1 [K])3.2The Employer recognizes the Union as the exclusive bargaining agent of the employeescovered by this Agreement for the purposes of collective bargaining with respect to rates ofpay, hours of work and working conditions.Recognition*A. This Master Agreement (SEIU Cross-Regional language contained in this contract as notedby asterisk*) is entered into by the signatory parties and reflects the Employers’ recognitionof the Unions listed in Attachment I as the exclusive collective bargaining agents of theemployees in the bargaining units listed in Attachment I with respect to t
contract and we were able to keep all those things we worked so hard on. We showed Kaiser Permanente that we make Kaiser 5 stars. Together, we stickered up, did delegations, held rallies and worksite actions to make sure Kaiser knew that we wou
