COLLECTIVE BARGAINING AGREEMENT BETWEEN ROCKVILLE HOSPITAL, ECHN AND ROCKVILLE HOSPITAL FEDERATION OF REGISTERED NURSES, AFT -CT, AFL-CIO

Transcription

1 COLLECTIVE BARGAINING AGREEMENT BETWEEN ROCKVILLE HOSPITAL, ECHN AND ROCKVILLE HOSPITAL FEDERATION OF REGISTERED NURSES, AFT -CT, AFL-CIO Date of Ratification: December 16, 2010

2 TABLE OF CONTENTS ARTICLE I - PURPOSE AND PREAMBLE... 1 ARTICLE II - RECOGNITION... 1 ARTICLE III - DEFINITIONS... 1 ARTICLE IV - ROLE AND RESPONSIBILITY OF THE STAFF NURSE... 2 ARTICLE V - HOURS OF WORK AND SCHEDULES... 3 ARTICLE VI - FLOATING, ROTATION AND SHIFT CANCELLATION... 4 ARTICLE VII - VACANT POSITIONS ARTICLE VIII - SENIORITy... 6 ARTICLE IX - CONSOLIDATION OR REALIGNMENT OF A PATIENT CARE UNIT... 8 ARTICLE X - LEAVES OF ABSENCE... 9 ARTICLE XI - CONDITIONS OF EMPLOYMENT ARTICLE XII - EVALUATIONS ARTICLE XIII - PROFESSIONAL DEVELOPMENT ARTICLE XIV - NEW HIRE PERIOD ARTICLE XV - TEMINATION OF EMPLOYMENT AND DISCIPLINE... ll ARTICLE XVI - GRIEVANCE PROCEDURE ARTICLE XVII - SEVERABILITy ARTICLE XVIII - MISCELLANEOUS ARTICLE XIX - FEDERATION ACTIVITy ARTICLE XX - SUCCESSOR ARTICLE XXI - NONDISCRIMINATION ARTICLE XXII - EMPLOYEE SAFETy ARTICLE XXIII - MANAGEMENT RIGHTS ARTICLE XXIV - COMMITTEES & COUNCILS ARTICLE XXV - RETIREMENT, INSURANCE & SHORT TERM DISABILITY ARTICLE XXVI - OVERTIME & PREMIUM PAY ARTICLE XXVII - PAID LEAVE ARTICLE XXVIII - HOLIDAyS ARTICLE XXIX - EDUCATIONAL ASSISTANCE & CERTIFICATION ARTICLE XXX - WAGES AND RATES OF PAY ARTICLE XXXI - LONGEVITY ARTICLE XXXII - D'URATION Side Agreement on Cross Campus Activity Side Agreement on Implementation of Per Diem Employees Side Agreement on OB Employees Going to Manchester Memorial Hospital

3 ARTICLE I PURPOSE AND PREAMBLE Rockville General Hospital (Hospital or Employer), an affiliate of Eastern Connecticut Health Network (ECHN), and American Federation of Teachers (AFT or Union) hereby enter into this agreement this day of with the intent of working cooperatively to promote ECHN's mission and core values for the purpose of achieving the highest quality patient care, with the intent to avoid interruptions and interferences with services to patients, and with the intent to set forth herein their agreement covering rates of pay, hours of work and conditions of employment. ARTICLE II RECOGNITION The Hospital recognizes American Federation of Teachers Connecticut as the exclusive collective bargaining representative for all full-time Registered Nurses (RNs) and other RNs, whether part-time or per diem, who regularly work sixteen (16) or more hours per week, including non-supervisory Charge Nurses, employed by the Hospital at its Vernon, Connecticut facility; but excluding all other employees, all supervisory Charge Nurses, other per diem nurses, nurse managers, assistant nurse managers, case managers, care managers, interventional radiology nurses, nurse educators, lactation consultants, nurse practitioners, RN clinicians, staff development nurses, infection control nurses, quality improvement nurses, temporary nurses, licensed practical nurses (LPNs), technicians, service and maintenance employees, business office clerical employees, other professional employees, and guards and other supervisors as defined in the Act. ARTICLE III DEFINITIONS The term "full-time nurse" as used in this agreement refers to a registered nurse who is budgeted for thirty-five (35) or more hours per week, exclusive of meal time. For health insurance benefits only, a registered nurse who is budgeted for 32 or more hours per week, exclusive of meal time, shall be considered a full time nurse. The term "part-time nurse" as used in and covered by this agreement refers to a registered nurse who is budgeted for less than thirty-five (35) hours, but at least twenty (20) hours per week, exclusive of meal time. The term "per diem nurse," as used in this agreement, refers to a registered nurse whose hours are not guaranteed. The Hospital has no obligation to schedule a per diem nurse, and a per diem nurse has no obligation to agree to work an offered shift. The Hospital may require a per diem nurse to satisfy weekend, shift rotation, holiday and on-call obligations, as determined by the manager in consideration of patient care needs of the department in which the per diem nurse works. Per diem nurses will be required to maintain and improve their clinical skills and competencies. A per diem nurse's bargaining unit status (i.e. whether the per diem nurse regularly works sixteen (16) hours or more per week) shall be measured annually in March of each year. If a per diem nurse has worked sixteen (16) hours or more per week over the previous year (March - February), the nurse shall be a member of the bargaining unit for 1

4 the ensuing year beginning on April 1 st. If not, then the nurse shall not be a member of the bargaining unit for the ensuing year. With regard to any per diem nurses who have been employed for less than one year when hours are measured, the nurse's hours shall be averaged over the period beginning with the nurse's date of hire through February. A "temporary nurse" is one who (a) is employed by the Hospital on a temporary basis or for a specific project, also known as a "temporaty employee," (b) is employed by an outside agency on an as-needed basis, also known as an "agency nurse," or (c) is one who is employed by an outside agency for a contracted period of time, also known as a "travel nurse". The term "non-supervisory charge nurse" as used in this agreement refers to a registered nurse whom management has assigned responsibility for the direction of a patient care unit on any shift for the administration and ministration of nursing care to the patients when a designated supervisoty charge nurse or clinical coordinator is unavailable and understanding that designated supervisory charge nurses and clinical coordinators may take a patient assignment. Non-supervisory charge nurses do not include registered nurses who have been assigned supervisory responsibilities as defined in Section 2 (11) of the National Labor Relations Act on a regular basis. In assigning non-supervisory charge, the Hospital reserves the right to assign those registered nurses, who, in the Hospital's judgment, have demonstrated competencies to be in charge. The term "resource nurse" as used in this agreement refers to a registered nurse whom management has assigned responsibility for the operation of the Hospital, but not usually on a regular basis, for example when the supervisor is unavailable or not scheduled. Resource nurses do not include registered nurses who have been assigned supervisory responsibilities as defined in Section 2 (11) of the National Labor Relations Act on a regular basis. In assigning resource nurses, the Hospital reserves the right to assign those registered nurses, who, in the Hospital's judgment, have demonstrated competencies to fulfill that role. ARTICLE IV ROLE AND RESPONSIBILITY OF THE STAFF NURSE The practice of nursing by a Registered Nurse is deftned by the Connecticut Nurse Practice Act as the process of diagnosing human responses to actual or potential health problems, providing supportive and restorative care, health counseling and teaching, case fidding and referral, collaborating in the implementation of the total health care regimen and executing the medical regimen under the direction of a licensed physician or dentist. The Role and Responsibility of the Registered Nurse is to meet the current American Nurses' Association Standards of Clinical Nursing Practice, as those standards may be modified from time to time, and to fulfill the expectations set forth in her/his job description, performance management tool, and related competencies as the Employer may, in its discretion, modify these documents from time to time. 2

5 ARTICLE V HOURS OF WORK AND SCHEDULES Section 1: Scheduling Full-time nurses shall normally be scheduled for an average of thirty-five (35) or more hours per week, exclusive of mealtime. Full time nurses shall be required to fulfill all of the work schedule requirements prescribed by their Department (e.g. weekend rotation, shift rotation, holiday and on-call requirements). Part-time nurses shall normally be scheduled each week for an average of their budgeted hours, ~ess than 35 hours, but at least 20 hours per week) exclusive of meal time. Part time nurses shall be required to fulfill all of the work schedule requirements prescribed by their Department (e.g. weekend rotation, shift rotation, holiday and on -call requirements). Section 2: Whenever possible and so long as the rest period does not interfere with patient care or the operations of the Hospital, the nurse manager or his/her designee may assign nurses working a shift of five (5) or more continuous hours one (1) fifteen (15) minute rest period on or off his/her unit, as determined by the Nurse Manager or her designee. Section 3: a. Staff schedules, which shall include scheduled days off, will be posted at least four (4) weeks in advance. EvelY effort will be made by both parties to adhere to such schedules. Any staff nurse seeking a change in his Iher schedule must submit such a request in writing on a form provided by the Nurse Manager at least five (5) weeks in advance of the requested day and will obtain the written approval of the Nurse Manager. Answers to such requests shall be given within two (2) weeks after the request is made. Changes to a posted schedule may be made by the Hospital as needed after notice to the President of the Local or his /her designee. b. The Hospital may permit nurses, on a unit by unit basis, to self-schedule in accordance with Hospital guidelines. Section 4: All staff nurses are required to work their scheduled hours unless arrangements for a replacement have been made by the nurse involved and approved by the Nurse Manager or designee at least twenty-four (24) hours prior to the start of the scheduled shift. Among other reasons a nurse manager may decline approval for a replacement nurse based on the replacement nurse's qualifications or because the Hospital requires the replacement employee to fill a vacant shift. Section 5: Bearing in mind the needs of the Hospital, particularly the number of nurses the Hospital determines it needs to properly staff the Hospital, the parties hereby agree that the following principles shall apply for weekend scheduling: a. Contingent upon the availability of a number of nurses for the Hospital to properly staff the Hospital during the weekends, the Hospital will continue to schedule nurses to work no more than two (2) out of four (4) weekends unless requested by a staff nurse. 3

6 b. Nurses scheduled to work on a weekend shall be required to meet their schedules unless arrangement for a replacement has been made by the nurse involved and approved by the Nursing Office nurse manager of his/her designee at least twenty-four (24) hours prior to the start of the scheduled weekend duty. Nurses who fail to arrange for an acceptable substitute and/or fail to work their assigned weekend duty place an unfair burden upon those nurses who do work their assigned weekend duty and accordingly may be subject to discipline in accordance with Article for failing to meet this obligation. The Hospital may require such nurses to make up such weekends missed on a future date. The Federation and its members will actively cooperate with the Hospital to insure that the Hospital's needs for weekend duty are met. Emergency situations will be handled direcdy with the Senior Vice President-Patient Care Services or designee. Section 6: When a Nurse is unable to report to work due to a severe blizzard, as defined by dle Hospital, such Nurse shall 1) be permitted to use time from her paid leave bank or 2) not be paid. This decision shall be mutually agreed upon between the Nurse and the Nurse Manager. Section 7: Open Shifts The Hospital shall utilize the following procedure to fill open shifts that it desires to fill, unless the open shift has been already been filled when the schedule was created. a. When the schedule is posted, the Hospital will post open shifts that are known to the Hospital at the time that the schedule is posted. Each open shift will be posted on the unit where the open shift exists. Nurses who are interested in working the shift shall be listed on the posting. After considering the nurse's specific skills and so long as it would not create an overtime or premium pay situation, unless approved in advance by the Hospital, the Hospital will award the shift to qualified part-time nurses. If no qualified parttime nurse has posted for the position, the shift will be offered to qualified per diem nurses. b. In the event a shift becomes open after the schedule is posted or is not awarded pursuant to subsection a, above, the Hospital will offer the shift to qualified parttime and per diem nurses who have both (i) informed the hospital in advance that he/she wishes to be called for open shifts and (ii) left the hospital the phone number at which he/ she desires to be called. The hospital will award the shift to the first nurse who accepts the shift within the time frame established by the Hospital. If the shift remains open after the hospital has completed this process or in exigent circumstances, the Hospital may fill the shift by any means necessary, including temporaries, agency or travel nurses. Section 1: Floating ARTICLE VI FLOATING, ROTATION AND SHIFT CANCELLATION Staffing needs occasionally may require that a Registered Nurse be assigned (floated) to a unit other than the one he/she is normally scheduled to work, and registered nurses recognize management's right to do so. In the event it becomes necessary to float a Registered Nurse onto a unit with which he/she is unfatniliar, the Registered Nurse will not 4

7 be required to take a patient assignment for which the Hospital determin~s he/she is unqualified. The Hospital will float nurses, including per diem nurses, whom it considers qualified on an equitable basis and in doing so will consider volunteers whom it determines are qualified. Section 2: Rotation of Shifts It is recognized that the needs of the Hospital may require the Hospital to create and/ or maintain positions that work varied shifts on a permanent basis. It is also recognized that the needs of the Hospital will require that nurses be periodically rotated to a different shift on a temporary basis, up to three (3) months, which the Hospital may extend for up to an additional three (3) months for good and sufficient reason after notice to the Union. In such circumstances, the Hospital shall first seek qualified volunteers for the temporal)' shift changes, but if no qualified nurses volunteer for the shift changes, the Hospital may assign a qualified nurse to the shifts in inverse seniority order. In selecting the nurses to be assigned, the manager will consider seniority, qualifications, current schedule and patient care needs. Section 3: Shift Cancellation Due to the unpredictability of the Hospital and/ or Unit census on a day-to-day basis, the Hospital reserves the right to relieve nurses from a scheduled shift, or a portion thereof, in the following order, so long as the nurse(s) remaining have the ability to do the work required on the unit. a. Agency Nurse if the agency contract permits cancellation without a penalty; b. Temporary nurses employed by the hospital; c. Nurses working overtime; d. Volunteers; e. Nurses working an extra shift that with other scheduled shifts will lead to overtime during that work week; f. Nurses working a regular shift that with other scheduled shifts will lead to overtime during that work week; g. Per Diem nurses, unless management determines that the shift is required to maintain the nurse's competencies; h. Nurses working an extra shift; 1. On an equitable basis, nurses who have already worked their budgeted hours during that workweek; j. On an equitable basis, nurses who have not yet worked their budgeted hours during that workweek. The Hospital shall provide the Registered Nurse with as much notification as possible of a shift cancellation, but if the Hospital attempts to but is not able to contact a nurse to cancel a shift, the nurse may be asked to leave when she reports to work. Cancelled nurses may use paid leave, up to their budgeted weeldy hours, or may elect not to get paid. 5

8 ARTICLE VII VACANT POSITIONS Section 1: Consistent with clinical and operational needs the Hospital may create positions with shift and shift arrangements different from the current shift and shift arrangements, the starting and ending times of which will be determined by the Hospital. Section 2: Any vacant position that the Hospital desires to fill will be posted electronically for a minimum of seven (7) calendar days. Registered Nurses desiring the opportunity to transfer to such position may submit their transfer request as directed in the posting. If an employee is currently subject to a last chance agreement or, within the preceding twelve (12) months, has been issued discipline more severe than a written caution, the Employer may disqualify the Employee for a vacancy. Section 3: Qualified Registered Nurses working on a unit at the time a vacancy is posted and who have submitted their transfer request in accordance with Section 1 within seven (7) calendar days of the posting shall be given first preference for the vacancy in such unit over nurses not in the unit and over external candidates. If two or more qualified nurses from the same unit apply for a vacancy within their unit, Hospital seniority will prevail. If the vacancy is not filled by an applicant from the affected nursing unit, preference will then be given to a qualified internal applicant based upon Hospital seniority. A nurse is qualified if the nurse possesses the qualifications (e.g. training, experience and competencies) specified in the position posting. If no qualified internal nurse has applied for the vacancy the Hospital will have the right to hire an external candidate who has the requisite qualifications for that posted position. Section 4: Registered Nurses who are selected to fill a vacant position shall move to their new position within thirty (30) days from the date of acceptance for the new position. The Hospital may extend the time period beyond the initial thirty (30) days, but the nurse shall be transferred no later than ninety (90) days after the acceptance date. Section 5: In the event a Registered Nurse transfers to a new position, the first seven (7) calendar days of employment within the new department shall normally be deemed an adjustment period. If within those seven (7) calendar days the nurse no longer desires the position or if the Hospital determines the nurse is not meeting expectations, he/she shall be returned to his/her former position. Section 1: Definitions ARTICLE VIII SENIORITY Hospital Seniority is defined as the length of time a Registered Nurse has been continuously employed in any capacity with Rockville General Hospital. Section 2: Accmals 6

9 Hospital Seniority shall accrue during a continuous authorized leave of absence with pay and during those unpaid absences that do not exceed thirty (30) days. Section 3: Seniority shall be broken when a nurse: a. Resigns. b. Is terminated for cause. c. Exceeds an approved leave of absence. d. Is absent from work for two (2) consecutive working days without notifying his/her direct supervisor or manager e. Fails to report to work from layoff within five (5) working days after being notified by or regular mail to the last address furnished to the employer by the employee.. Is laid off for one year or length of service, whichever is less. Section 4: If a nurse is laid off she will have preference for reinstatement as opposed to the hiring of a new nurse during his/her period oflayoff as set forth in Section 2(f) above. Section 5: The organization shall post a copy of the seniority list for those Registered Nurses in the unit on or about April 1 and October 1 of each year. It If there is a discrepancy in the seniority list that impacts the Registered Nurse for purposed of paid leave schedules or posting for a different position, the Registered Nurse may use the grievance procedure to resolve his /her concern. Section 6: Layoffs/ Reduction of Hours a. In the event of a layoff or reduction of hours on a unit, the Hospital shall first eliminate probationary employees on the affected unit. The Hospital shall determine the position(s) (shift, hours and unit) that will be eliminated or affected and will inform the Union of the layoff or reduction of hours two (2) weeks prior to their effective date. The Hospital may, in whole or in part, develop a new staffmg model for the unit on the shift(s) affected. To the extent that the Hospital develops a new staffmg model, affected nurses with budgeted hours on that unit may bid into open positions in the new staffmg model on the basis of Hospital seniority. b. A nurse who is laid off or whose hours are reduced shall have the following rights in this order: i. A laid off nurse may elect to accept the layoff or reduction in hours; 11. The nurse may elect to post for any open position in accordance with Article _, Section _ [Vacant Position], except that the nurse shall be afforded an orientation period consistent with the department's practices. If the nurse fails to perform the job satisfactorily during the orientation period, the nurse shall be returned to the recall list for the remainder of his/her original recall term The nurse may bump a less senior nurse who has the same or fewer hours and who is on the same unit and shift; 7

10 iv. If no such less senior nurse exists on the same unit and shift, the nurse may bump a less senior nurse who has the same or fewer hours, but a different shift. v. If no such less senior nurse exists on the same unit, the nurse may bump a less senior nurse with the same or fewer hours on a different unit in a position for which the nurse is qualified. Any nurse that exercises his/her bumping rights pursuant to this section must be willing to accept the shift, schedule, number of hours per week, and other requirements of the position and will be awarded the position so long as the Hospital determines that the nurse is qualified for that position. Any employee bumped pursuant to this section may in turn bump another employee in accordance with the terms of this section. Section 7: Recall Whenever a vacancy occurs in a bargaining unit position which the Hospital, in its sole discretion, decides to fill and which has not been filled in accordance with Article_, Section _ [Vacant Position], nurses with recall rights shall be recalled in accordance with their seniority in the reverse order in which they were laid off so long as he/she has the ability to do the work and, if not, the next senior nurse will be recalled, and so on. The recalled nurse must be willing to accept the number and scheduled hours of the vacant position. Nurses shall have recall rights for one year or their length of selvice, whichever is less, except that nurses who were laid off during their New Hire period shall have no recall rights. A nurse on the recall list who is offered a job on the same shift and with equal budget hours to the nurse's former position and who refuses that job will be stricken from the recall list. ARTICLE IX CONSOLIDATION OR REALIGNMENT OF A PATIENT CARE UNIT The Hospital will give the Union two (2) weeks notice of any consolidation or realignment of a patient care unit(s) and in the event of the consolidation or realignment of one or more patient care units, the following procedure will be used: 1. New staffing model( s) shall be developed by the Hospital for the newly consolidated/ realigned unit( s). 2. The Hospital shall prepare a list by seniority of all registered nurses with budgeted hours who are assigned to the unit(s) being consolidated or realigned. 3. Registered nurses with budgeted hours who are assigned to the unit(s) being consolidated or realigned may bid into open positions on the newly consolidated/ realigned unit( s) on the basis of Hospital seniority. 4. The Hospital shall prepare a list by seniority of all registered nurses assigned to the unit(s) being consolidated or realigned who do not receive positions on the newly consolidated/realigned unit(s) through the process described in Section 3. 8

11 5. Nurses on the list described in Section 4 above who do not obtain positions on patient care units through the process described above shall have the right to [bump in accordance with Article _]. 6. The parties agree that the following guidelines will be used when implementing the procedure in Sections 1 through 5 above: a. The Hospital will attempt to honor previously approved vacation requests. However, unresolved conflicts will be resolved on the basis of Hospital seniority. b. Nurses who are reassigned an open position in another unit will be given a reasonable orientation period in the new unit commensurate with his/her nursing background as set forth in Article. c. A nurse delegate will be present during the reassignment bidding process to the extent possible without delay to the process. ARTICLE X LEAVES OF ABSENCE Section 1: Registered Nurses shall be entitled to the following leaves of absence a. Funeral Leave - Upon the death of a nurse's parent/step-parent/parent-in-law, spouse/ spousal equivalent, child/ step-child/ grandchild, brother/step-brother, sister/step-sister, grandparent, or person who has the nurse's household as his/her legal residence, a nonprobationary nurse shall be entitled to three (3) days leave with pay providing such three (3) day period is taken within the five calendar days immediately following the day of death and providing the nurse is scheduled to work such days. In the event that the funeral service does not occur within 3 days of the death, one or more of the three days may be taken at a later date to coincide with the actual funeral service. One (1) day leave of absence is provided to attend the funeral of an uncle, aunt, brother-in-law, sister-in-law, son-in-law or daughter-in-law, providing the nurse is scheduled to work such days. If staffmg patterns permit, the Senior Vice President-Patient Care Services or designee may grant additional time off without pay for unusual circumstances. b. Jury Leave - Where release from jury duty cannot be obtained, the Hospital will pay the difference between the individual's weekly earnings and payment received for jury duty from the State of Connecticut or the United States Government as the case may be for time spent by an employee on such jury duty. c. Military Pay - Nurses called to military duty in connection with National Guard, or reserve duty shall be compensated the difference between that which they receive from the military pay and their average weeldy pay if the leave is for two (2) weeks or less. No compensation shall be made for any time spent in military duty in excess of two weeks. d. Pregnancy Disability - Each employee who is disabled as the result of pregnancy shall receive, for the duration of her period of disability, the compensation to which she is entitled as a result of her Illness Bank and Disability benefits to which she is entitled. Where the period of disability is in dispute, the Hospital may require another physician's 9

12 op1n1on. The cost of such second opinion will be bome by the Hospital. All other leave issues shall be resolved in accordance with the State and Federal Family Medical Leave Acts. Section 2: FMLA - the employer and employees each reserve there respective rights under the state and federal medical leave acts. Section 3: The Hospital may in its discretion and in consideration of clinical and operational needs grant an employee's request for an unpaid leave of absence. Section 4: Unpaid Sick Leave In case of catastrophic or prolonged illness, additional sick leave shall be granted at the discretion of the Hospital. A catastrophic illness is an illness considered to be life threatening, creating a shorter duration of life. However, such sick leave will be unpaid and shall not be for a period in excess of six months unless the Hospital, at its discretion, extends such time. Application must be in writing, with such proof as the Hospital may require. Upon expiration of such leave, the employee shall, if possible, be reinstated to a like or related position held before the leave was granted. Insurance benefits may be continued provided the employee pays premiums due in advance. No such unpaid additional sick leave shall be granted unless the employee shall first have used all of his/her Illness Bank. There will be no loss of acciued pension benefits. ARTICLE XI CONDITIONS OF EMPLOYMENT Section 1: The Hospital will continue its policy of attempting to promote employees presently in the employment of the Hospital to non-bargaining unit positions. Also, when practicable and applicable, it is the Hospital's policy to post notice electronically of such non-bargaining unit job openings for a period of not less than seven (7) consecutive days. Section 2: New employees of the Hospital shall receive a written confumation of employment that includes date of hire and hourly rate. Section 3: All newly hired employees covered by this Agreement shall be glven an orientation according to the standards of the position. Section 4: All employees shall be expected to participate in Hospital and In-Service programs as part of his/her Professional development, and such programs shall, to the extent possible, be offered to meet all shift needs. Attendance at certain of these and other meetings, shall be mandatory at the discretion of the Hospital. The hospital will provide forty-eight (48) hours notice of such meetings. Mandatory meetings shall be with pay. Section 5: A job description will be given to each employee. Section 6: A copy of this Agreement shall be given to each employee covered by this agreement at the time of hire. 10

13 Section 7: Employees who attend educational meetings will be expected to give a report on the meetings to the Staff. Section 8: An employee who resigns, but who is rehired by the Hospital within one (1) year, shall be paid at least the same rate that he/ she was paid at the time of his/her resignation and shall receive paid leave in the same amounts that he/ she was receiving paid leave at the time of his/her resignation. ARTICLE XII EVALUATIONS Staff nurses shall be evaluated each year according to ECHN's policy and timeline. This will be in the form of a written report and shall be discussed with the individual. Each nurse shall be given the opportunity and encouraged to make written comments on the evaluation sheet. Evaluation forms shall provide a space for a nurse's signature. A copy of the evaluation will be given to the nurse at the time of the evaluation conference. All evaluations will become a part of a nurse's permanent record. Employees covered by this Agreement will have the opportunity to provide input to the evaluation of their peers. Such appraisals may be utilized for Performance Management Plans, which are independent of disciplinary action. ARTICLE XIII PROFESSIONAL DEVELOPMENT Subject to the needs of the Hospital and after receipt of a written approval by the Hospital, Registered Nurses will be granted time off without loss of pay for participation in educational institutes, workshops, and other professional meetings that are consistent with the strategic direction of the hospital. Such determination as to the needs of the Registered Nurse and the Hospital shall be made by and at the discretion of the particular Vice President. Registered Nurses who attend such programs will be expected to provide a summary report of the program at a staff meeting. ARTICLE XIV NEW HIRE PERIOD Registered Nurses newly employed or re-employed after an absence of more than six (6) months shall be in a new hire period for three (3) months, which period may be extended by the Hospital on a month-to-month basis, to a maximum of three (3) extra months. Prior to each extension of the new hire period, the nurse shall have a performance review. During the new hire period, the Hospital may terminate the nurse without notice; such termination shall not be subject to the Grievance Procedure of this Agreement. ARTICLE XV TEMINATION OF EMPLOYMENT AND DISCIPLINE Section 1: A Registered Nurse must give twenty-one (21) days prior written notice of his/her intention to resign. An employee is encouraged to have an exit interview with the Department Head, Appropriate Vice President or Human Resources Department. 11

14 Section 2: cause. Registered Nurses may not be disciplined (including discharge) except for just ARTICLE XVI GRIEVANCE PROCEDURE Section 1: A grievance shall be defined as any controversy or claim ansmg out of or pertaining to the interpretation, application, or breach of a specific provision of this Agreement, and shall be processed as follows: Step 1 - Nurse Manager Within ten (10) working days after the occurrence giving rise to the grievance, the Union shall present a signed grievance in writing to the applicable nurse manager or his/her designee. The grievance shall set forth the specific section or sections of this Agreement claimed to have been violated. Within ten (10) working days of presentment of the grievance, or on a mutually agreeable date thereafter, the nurse's manager shall review the grievance and meet with the nurse (with or without the unit representative present at the option of the grievant) in an attempt to resolve the dispute. The nurse manager shall give an answer to the nurse within ten (10) working days of the Step 1 grievance meeting. A grievance concerning the termination or suspension of a nurse may be presented directly to Step 2 within ten (10) working days after the effective date of suspension or termination. Step 2 - Peer Review If the grievance is not settled in Step 1, the Union may, within ten (10) working days after the answer in Step 1 present a signed grievance in writing to the Peer Review Committee (prc). The PRC shall be made up of six (6) bargaining unit nurses who either volunteer or who are nominated to serve for alternating two-year terms. Both the Union and the Hospital shall agree upon each member of the committee. As a condition of Selying on the PRC, nurses must sign a confidentiality and conflict of interest agreement and take a course in conflict resolution acceptable to both the Employer and the Union. For each grievance submitted to the PRC, the PRC shall randomly select three panel members to hear the grievance. The panel members shall be unbiased and shall have no interest in the grievance. The panel shall be selected within three days of the grievances submission to the PRe. The panel shall select a chairperson, who shall coordinate the scheduling and administration of the Peer Review process. The panel shall hear the grievance within ten (10) days of submission. After hearing the evidence submitted by both sides, the panel shall make a written recommendation with respect to the grievance. The panel's recommendation shall be governed by the Collective Bargaining Agreement, as well as ECHN's mission 12

15 and core values and shall cite the specific provisions of the CBA relied upon for the recommendation. The parties may adopt the recommendation of the PRC panel by signing the recommendation within ten (10) days of its issuance. If both parties adopt the recommendation, it shall be binding upon the parties. Only the Hospital's Senior Vice President Human Resources shall have authority on behalf of the Hospital to adopt a PRC panel's recommendation. Unless both parties agree or unless specifically permitted by this agreement, the panel's recommendation shall not be admissible in any further proceedings involving the grievance or the substance of the grievance (e.g. an unfair labor practice proceeding). The PRC will be effective for one year after ratification of this Agreement. After one year either party has the right to request in writing a meeting to discuss the PRe. If at the end of the discussion either party does not wish to continue the PRC, then upon written notice of such, the PRC will be deleted and a Step 1 Grievance shall proceed to Step 3 within ten (10) working days after the answer in Step 1. Step 3 -Senior Vice Presidents If either party refuses to adopt the recommendation of the PRC panel within ten (10) days of the recommendation, the Union may present the matter in writing on a standard form to the Senior Vice President of Patient Care Setvices or his/her designee, within ten (10) days after the PRC panel's recommendation. Within ten (10) days after the receipt of such written grievance, the Senior Vice Presidents of Patient Care Services and of Human Resources, or their designee(s), shall meet with the aggrieved employee and a Union delegate. The PRC panel's recommendation shall be admissible at this Step of the grievance process. An Answer to the grievance will be rendered, in writing, within ten (10) days of the above meeting. Step 4 - Arbitration American Arbitration Association - If the Union is dissatisfied with the Step 3 response, the Union may, within twenty (20) days after receipt of such response, submit the grievance for arbitration to the American Arbitration Association. The selection of the Arbitrators and the arbitration procedures will be according to the then existing rules of the American Arbitration Association. The Arbitrators shall not have the power to add to, delete, modify or amend any provision of this Agreement. The decision of the Arbitrators shall be final and binding on the parties. The parties shall equally share the Arbitration fees and expenses mutually incurred by the parties. Other expenses or fees of Arbitration shall be borne by the party incurring same. Section 2: In computing the time periods set forth in this Article, Saturdays, Sundays and paid holidays observed by the Hospital shall be excluded. The patties may extend the time limitations referenced in this Article by mutual written agreement. Section 3: Any disposition of a grievance from which no appeal is taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the remaining grievance steps of this Agreement. In addition, failure of the Union to schedule and/ or attend a grievance meeting within the timelines set forth above shall render the 13

16 grievance withdrawn and the grievance shall not be subject to the remaining grievance steps of this Agreement. Section 4: Failure on the part of the Hospital to conduct a grievance meeting within the time lines set forth above or to answer a grievance at any step shall not be deemed acquiescence thereto, and the Union may proceed to the next step as if the grievance meeting occurred or the grievance was answered within the prescribed time limit. ARTICLE XVII SEVERABILITY Any provision of this Agreement adjudged to be unlawful shall be treated, for all purposes, as null and void, but all other provisions of this Agreement shall continue in full force and effect. ARTICLE XVIII MISCELLANEOUS Section 1: Hospital will comply with Connecticut General Statute concerning access to personnel files. Section 2: Registered Nurses who are subpoenaed by the Hospital to testify as a witness with respect to matters relating to their employment shall be paid at their regular pay for all time lost from scheduled work Section 1: Dues Deduction / Agency Fees ARTICLE XIX FEDERATION ACTIVITY The Hospital agrees to accept a written authorization form from a Registered Nurse covered under the terms of this Agreement for the purpose of paying annual membership dues or agency fees. Such authorization is revocable at will and at any time by providing written notice to the Department of Human Resources. For those Registered Nurses who have authorized deductions the Hospital shall deduct dues/ agency fees from the paycheck covering the first pay period each month for dues owing in that month and shall forward the dues/agency fees deducted to the Unit Treasurer by the 1 st of the month following the deduction. The Human Resources Department will send notices of dues revocation to the Unit Treasurer on a monthly basis by the 1st of each month. It is specifically agreed that the Hospital assumes no obligation, fmancial or othelwise, arising out of the provisions of this Article, and the Union hereby agrees that it will indemnify and hold harmless from any claims, actions or proceedings by the employee arising from deductions made by the Hospital hereunder. Once the funds are remitted to the Union, their disposition thereafter shall be the sole and exclusive obligation and responsibility of the union. 14

17 The Hospital shall be relieved from making such "check-off' deductions upon (a) termination of employment (b) transfer to a job other than one covered by this Agreement, (c) lay-off from work, (d) an agreed leave of absence, (e) revocation of the check-off authorization in writing to the Administrator or designee of the Home by an employee, or (f) an employee earned no pay for the first pay period of the month. Notwithstanding the foregoing, upon the return of an employee to work from an agreed leave of absence, the facility will immediately resume the obligation of making such deductions, except that deductions for terminated employees shall be governed by Section 1 hereof. Section 2: Information On a monthly basis, the Hospital shall provide the Union an alphabetical list of current Registered Nurses covered by this Agreement that includes each such employees name, address, classification, work location and amount deducted to the Unit Treasurer. The report shall be sent on or before the 10th of the month to the Unit Treasurer. Section 3: Union Visitation Rights An authorized representative of the AFTCT shall, after making arrangements with Senior Vice President of Human Resources or his/her designee, have admission to the Hospital for the purpose of administering this Agreement. The Senior Vice President of Human Resources shall designate the place of any conference between the AFTCT representative and employee. The duration of any such visitation or conference shall be subject to the needs of the Hospital and shall not interfere with patient care or the operation of the Hospital. Section 4: Bulletin Boards The Employer shall provide Bulletin Board(s) that shall be used only for the purpose of posting proper Union notices. The Employer shall place such Bulletin Board(s) at locations readily accessible to the employees. If in the judgment of the Hospital, the material posted is not as set forth herein, the Senior Vice President of Human Resources or her/his designee may require her/his prior approval of postings. Section 5: Federation Security All employees covered under this agreement who are members of the Union on the date that this agreement is ratified and all employees covered under this agreement who become members of the Union during this agreement shall remain members in good standing, to the extent of paying uniform dues and initiation fees, as a condition of employment. During the last 30 days of this agreement, employees covered by this agreement who are or became members of the Union, may resign from the Union by so notifying the Union and the Hospital in writing. All employees hired on or after December 12,2009 shall either join the Union or pay the Union an agency shop fee equivalent to Union dues as a condition of continuous employment. Upon receipt of signed authorization forms, the Hospital, pursuant to such 15

18 authorization shall deduct the dues or agency shop fee ftxed by the Federation from the wages due each period. The union agrees that it will indemnify and hold the employer harmless from any suit or action, and/or recovery of damages sustained by reason of any action taken by the Union under this article. ARTICLE XX SUCCESSOR If the Hospital decides to sell or transfer any of its operations, it will advise the Union at least fourteen (14) days prior to the effective date of such sale or transfer so long as providing such notice does not violate a conftdentiality agreement to which the Hospital is bound. ARTICLE XXI NONDISCRIMINATION It is the continuing policy of and obligation of the Hospital and the Union that the provisions of this Agreement shall be applied without discrimination in accordance with Federal and State Laws relating to race, color, religion, gender saf, age, national origin, handicap or sexual orientation. There shall be no discrimination against any employee because of Union membership status or activity or non union membership status or non activity. Personal pronouns are used in this Agreement for convenience only and do not denote sex. ARTICLE XXII EMPLOYEE SAFETY The Hospital, the Union and bargaining unit employees will cooperate to enhance the safety of the working environment consistent with applicable law and Hospital Policies and Procedures ARTICLE XXIII MANAGEMENT RIGHTS Section 1: Except to the extent expressly abridged by a speciftc provision of this Agreement, the Hospital reserves and retains, solely and exclusively, all rights and authority to operate, manage and administer the Hospital, including all such rights and authority as existed prior to the execution of this Agreement. The sole and exclusive rights and authority of the Hospital that are not abridged by this Agreement shall include, but are not limited to, its rights and authority to establish or continue its policies, practices, lules, regulations and procedures and, from time to time, to change or abolish such policies, practices, rules, regulations and procedures; to determine medical and nursing care standards and methods; to direct employees and determine professional assignments; to assign work to such employees in accordance with the needs and requirements determined by the Hospital; to establish and change work schedules and assignments; to determine the quantity and types of equipment 16

19 to be used; to introduce new methods and facilities; to determine efficient staffing requirements; to determine the number and location of facilities; to determine whether the whole or part of the operation shall continue to operate; to cease at any time any part or all of its operations on either a temporary or permanent basis; to relocate any of its facilities; to discontinue processes or operations or to discontinue their performance by employees of the Hospital; to determine the number and types of employees required; to select and hire employees; to determine qualifications for nursing positions; to promote; to demote; to transfer; to suspend, discipline or discharge employees; to layoff employees; to recall employees; to determine that employees shall not perform certain functions; and to require reasonable overtime work. The Hospital can make, modify and amend reasonable rules and regulations as it may from time to time deem best for the purposes of maintaining order, discipline, safety and the effective delivery of quality care and standards of quality performance. Section 2: All employees covered hereby will be required to abide by and adhere to all Hospital written rules and policies so as to assure best possible patient care and the efficient operation of the Hospital. Section 3: No employee covered by this Agreement shall sponsor, promote, authorize, engage in, condone, encourage or participate, in any slowdown, refusal to work, work stoppage, strike, sympathy strike, or other unlawful concerted activity. Only the question of whether a particular employee or employees engaged in any such conduct in violation of this provision shall be subject to the Grievance Procedure herein. Any employee discharged or othelwise disciplined under this clause will receive written notification of such by the Hospital and such employee will have the right to institute such grievance at Step 3 of the Grievance Procedure. Any employee found to have violated this provision may be discharged or otherwise disciplined without recourse to the Grievance Procedure herein. Section 4: The Hospital agrees that it will not lock out its employees during the term of this Agreement. ARTICLE XXIV COMMITTEES & COUNCILS Section 1: Nurse Recruitment and Retention Committee In recognition of the nursing staff's ability to provide unique input into the establishment of strategies and tactics designed to recruit and retain qualified nursing staff, the existing ECHN Nurse Recruitment and Retention Committee shall include Up to five (5) bargaining unit employees who, to the extent possible, are from different shifts and units and who are mutually agreed by the Union and the Hospital shall serve on the committee. A subcommittee of ECHN's Recruitment and Retention Committee shall assist with the nurse staffing plan consistent with the requirements of Connecticut Public Act 08-79, i.e. a plan that promotes a collaborative practice in the Hospital that enhances patient care and 17

20 the level of services provided by nurses and other members of the Hospital's patient care team. The nurses shall be paid their straight-time hourly rate while attending such meetings. Section 2: Nursing Quality Council In recognition of the nursing staff's ability to effectively participate in the development of patient-care quality standards and measurement tools, the existing ECHN Nursing Quality Council shall include up to four (4) bargaining unit nurses. The nurses must represent a cross section of nurses at the hospital with no more than one (1) nurse from anyone unit. The nurses shall be paid their straight-time hourly rate while attending such meetings. Section 3: Labor Management Committee In an effort to promote collaboration, cooperation, respect and positive labor relations, the parties agree to form a Labor Management committee. The Hospital and the Union shall have a labor management meeting once each calendar quarter, or as often as mutually agreed, to communicate issues or concerns related to wages, hours and other conditions of employment. Among the issues that may be discussed are issues related to staffmg. Representatives of the Labor Management Committee may report their conclusions and recommendations to the Nurse Recruitment and Retention Committee. The committee shall consist of both the Senior Vice President-Patient Care Services (or his/her designee) and the President of the Union (or his/her designee), and a standing committee of up to three (3) others, or more, if mutually agreed. The nurses must represent a cross section of nurses at the hospital, with no more than one (1) nurse from anyone unit. The nurses shall be paid their straight-time hourly rate while attending such meetings. Before the meeting, each party shall communicate in writing any proposed agenda items. The parties shall discuss and agree to the agenda at least three days before the meeting. If based on the agenda the Hospital has confidentiality concerns, the Union agrees to discuss with the Hospital reasonable accommodations to those concerns. The committee can confidentially discuss outstanding grievances and/or discipline. Any agreements reached shall be reduced to writing and signed by both parties. No provision in this Article shall limit or alter any provision of this agreement or the Hospital's management rights. Topics and discussions shall not constitute bargaining as defmed by the National Labor Relations Act, unless mutually agreed to by the parties. ARTICLE :xxv RETIREMENT, INSURANCE & SHORT TERM DISABILITY The benefits set forth in this Article are offered to eligible nurses in accordance with applicable plan documents, which contain, among other things, provisions concerning deductibles, coinsurance and co-pays. All nurses qualifying thereunder will be covered under the Hospital's Benefits Program in accordance with the applicable plan documents. All questions relating to such plans and their interpretation shall be determined by the terms and conditions of the master plans and policies themselves. Various booldets, summary plan 18