Oregon Nurses Association (ONA) Bargaining Unit Newsletter May 27, 2016 ONA/MMC OFFICERS Carolyn Starnes, RN OR Trish Hayes, RN Staff Development Betty Duckworth, RN FBP Sherene Zybach, RN Day Surgery Heidi Jordan, RN ICU Su Mellor, RN ED Kathy Hargate, RN Clinical Resource ONA Labor Relations Representative Lori Shott 541-294-9326 shott@oregonrn.org Negotiation Date June 12 Board room Nurses are welcome and encouraged to come and observe for any amount of time! Oregon Nurses Association 18765 SW Boones Ferry Road Suite 200, Tualatin OR 97062 1-800-634-3552 within Oregon www.oregonrn.org Mercy Medical Center (MMC) Newsletter for Nurses In this issue Three Sessions Thus Far Page 1 Next Negotiation Date Page 1 Tentative Agreements Reached Pages 1-3 What s Next? Pages 3-6 Three Sessions Thus Far Oregon Nurses Association (ONA) and Mercy Medical Center (MMC) have had three negotiating sessions thus far. Several proposals have been exchanged by both sides, and although we have not agreed on every issue up to this point, we have made a significant number of tentative agreements (TA) thus far. We started with language concerns and contract clean-up in hopes to increase understanding of the contract. Both sides have agreed that actual practice at MMC is not reflective of a lot of the contract language, and have made a commitment to clean-up language so that the contract will be followed once negotiations are concluded. Tentative Agreements Reached Article Explanation 3.7.3 Transfer to Casual Part Time (CPT) status Agreed to change cash out of paid time off (PTO) balance to the next payroll period, when possible, but no longer than 30 days. 3.14 Emergency Room (ER) Crisis Nurse Removes this section completely. No longer applicable. 5.1 Management Rights Changes the word promulgate to to make know its rules, regulations and personnel policies. 7.6 Nurse Representatives Bargaining unit representatives shall be released from duty to attend any grievance meeting, (instead of only meetings involving discipline with management) when staffing allows and increases reimbursement time to up to two hours (instead of one) for actual time spent in such meetings. This adds a timeframe to the language that was originally open ended. It adds predictability for the nurse to expect a check, as well as accountability to MMC. Discussion occurred around MMC no longer having a crisis nurse, however, ONA verbally made a proposal for MMC to provide other formal training for nurses caring for psychiatric patients. MMC was conceptually agreeable to this idea. Removes language that an everyday person does not easily recognize, and makes the contract more easily understood. Increases the scope of duties nurse representatives can get reimbursement time for, as well as increasing the duration for which they can be paid on their day off when they come in for meetings. Continued on Page 2
Page 2 Tentative Agreements Reached (Continued from Page 1) Article Explanation 8.5 Weekend Scheduling adds All hours of a shift shall be counted as weekend work if a majority of hours are scheduled on a weekend shift. 8.8 Work Schedules Removes the reference to float pool nurses from the order of nurses placed on the core work schedule. Changes start of bidding period for shifts from 0100 to 1700. 8.11 BU Work Performed by Non-BU Employees Previous language stated that if a nurse had a concern that a non-bargaining unit employee was routinely doing bargaining unit (BU) work, they could bring the concern to professional nursing practice council (PNPC). New language states this concern shall go to the nurse staffing council and a copy to labor management council. 12.1.2 and 12.1.3 Loss of Seniority Add language so that seniority is not adjusted while a nurse is on any state, federal, or other protected leave (instead of only military or worker s comp leaves) Also adjusts seniority for time separated from MMC. Previous language allowed for part of a shift, (for example night shift, that began on a Friday evening) to only be paid weekend differential for hours after 2400 Saturday Morning to 2359 Sunday. New language will result in all hours for a shift qualify for weekend differential if most of the hours are indeed on the weekend. Removes wording that is not currently applicable, since there is not a float pool (however MMC has verbally stated interest in creating a resource pool) and changes the start of shift bidding to a time of day where more nurses are likely to be awake and available to bid on shifts. Ensures staffing concerns are appropriately routed to the staffing council. Also notifies the labor management committee so that possible labor concerns may also be addressed appropriately. Previous language only protected seniority for military and worker s comp leaves. This protects seniority while on any protected leave. Nurses currently have seniority reinstated if they leave MMC but come back before six months, without any adjustment of seniority for time away. This allowed nurses who did not leave and a nurse who did leave to maintain the same amount of seniority, and was unfair for those that maintained employment. The new language will still give prior credit of seniority back, but will adjust the seniority date for time separated from MMC. Continued on Page 3 Your feedback is important and needed during negotiations. Please contact a member of the negotiating team or your labor representative Lori Shott to give your input. shott@oregonrn.org or 541-294-9326
Page 3 Tentative Agreements Reached (Continued from Page 2) Article Explanation 12.3.2 No. 7 Recall Previous language stated that nurses could hire into another position if laid off if they required no training. New language states nurses may require minimal training. 12.3.6 Recall Previous language stated MMC could notify a nurse that they were hiring nurses back after a lay off by telephone or by mail. New language states they must notify the nurse by telephone and by certified mail. Appendix D Dialysis Removes this appendix completely. Appendix E Nurse Staffing Law removes the entire language of the appendix and add language that MMC will abide by any future changes or updates to the staffing law as required by the law. No training for a change in jobs is unrealistic. A nurse may be very qualified to work on another unit but would require some amount of training that may be above and beyond unit orientation. The new language allows for a nurse to be recalled into a new position after a lay-off with minimal training. Ensures a nurse is notified in the event they have been laid off and the medical center calling nurses back to work. No longer applicable since MMC no longer provided dialysis services. Removes extraneous language that can be out of date any time the staffing law is changed or updated while still ensuring MMC is committed to following the law. What s Next? Article 1.4.1 and 1.4.3 MMC proposes to change the time a nurse can opt-out of being a member to 30 calendar days from the time they have received the contract, instead of date of hire. They also propose that the amount of time a nurse can opt-out of after the contract has been ratified be increased from 10 days to 30 days. Article 2.8 Representative Time Off ONA has proposed to decrease limitations for nurses serving on all local, state and national committees who request time off or make schedule trades to serve and fulfill their obligation on these committees. Continued on Page 4
Page 4 What s Next? (Continued from Page 3) 3.7 Casual Part Time MMC proposes to increase CPT requirements to three shifts a month (instead of only one), as well as one weekend per month (instead of each quarter) and that those shifts must be in their home unit. 3.7.1 MMC proposes to delete duplicate language for CPT home health nurses and weekend/holiday work. This language is also found in Appendix C No. 13. New Article ONA has proposed that CPT nurses who consistently work full time equivalent hours be given the opportunity to have hours audited and offered a position if consistently working those hours. 6.1.4 Reports to Oregon State Board of Nursing (OSBN) ONA proposed that nurses be notified as soon as possible (instead of in a timely fashion) when MMC deems necessary to report a nurse to OSBN, and will give the nurse 48 hrs to self-report (unless an immediate threat). MMC would also be required to supply a copy of the electronic form submitted to OSBN, to the nurse. MMC states that that CPT was designed to fill holes in schedules and that the current requirements for CPT are not meeting the needs to adequately cover for vacations and leave time. MMC countered with a very similar proposal, re-arraigning wording. ONA countered with less time, and MMC came back to the table with three shifts/ month and a weekend every other month. Open issue ONA has also proposed to delete this section, but has additional proposal below on this section. Conceptually agreed to by both parties. 6.1.6 Due Process ONA proposed that nurses be notified no less than one hour before meeting with a nurse, (instead of undefined) of the nature of an allegation or investigatory meeting. 7.2 Grievance Procedures MMC proposed adding detailed to the requirement of submitting a description of the grievance and including facts and events, as well as increasing the timeframe parties must respond. MMC was conceptually agreeable to this proposal but wanted to check with managers. MMC was also concerned about drug diversion or other matters that could not wait. MMC suggested adding whenever possible ONA asked for clarification of the intent of this proposal and was concerned this may limit a nurse s ability further down the road in the grievance process. MMC stated this was only to get a better understanding of a grievance so they may do a more thorough investigation into the matter before the step 1 meeting. ONA countered, adding unless an immediate threat to safety or a time sensitive matter (such as drug diversion) Continued on Page 5
Page 5 What s Next? (Continued from Page 4) 8.12 Orientation & Skill Maintenance ONA proposed that orientation and core competency for each unit be more formalized. Each unit based council would have input and review core competency checklists. 8.13 Floating & Supplemental Assist This article already states that nurses may do supplemental assist tasks without specific orientation to a unit. ONA proposed adding language A nurse that has not completed core competency or the unit specific orientation checklist to the requirement. This would formalize orientation to a unit before taking a primary patient assignment and increase patient safety. 8.17.1 Major Holidays MMC proposed that nurses may work Christmas Day and Christmas Eve, and New Year s Day and New Year s Eve with prior approval of the nurse. MMC also proposed a holiday be defined by shift start time.( A night shift starting on December 24 would be considered Christmas Eve). 8.17.2 Minor Holidays (Easter, Labor Day, Memorial Day, July 4) MMC proposed that working minor holidays be shared on a rotational basis and that requests off for these holidays be submitted by January 15 each year. 10.6.1 Requesting PTO MMC proposed that PTO be requested no earlier than 4 months (instead of nine months) in advance. This restricts nurses ability to plan vacations and time off. It is sometimes difficult to plan with family and purchase airfare when a nurse does not have confirmation of their time off potentially only three months before a planned vacation (since MMC has up to 30 days to respond to the PTO request). Continued on Page 6
Page 6 What s Next? (Continued from Page 1) 12.2.1 Staff Vacancies Current language states a nurse may be denied a position if they have a final written warning in the six months prior, unless the nurse has made documented improvement, as determined by MMC. ONA has proposed that the nurse shall have the right to challenge the decision to the PNPC. 12.4 Low Census Current language states low census shall occur by: 1. agency/travelers/temps 2. nurses on premium time 3. volunteers 4. CPT nurses 5. Nurses working in excess of regularly scheduled hours 6. By a system determined by each unit based council (UBC). ONA proposes that all units adopt No. 6 as the low census percentage calculation that most units are already using. 14.3.1 Education Funds ONA has proposed that the ability to restrict education funds due to financial exigency as determined by the Medical Center be removed. We have also proposed that nurses be able to carry over funds any year, with a cap of $1500 at any time (instead of defaulting back to $700). A new section for educational materials up to $500 of the current fund could be purchased for items such as professional magazines, books, and so on. We have also proposed that CPT nurses get a proportion of the fund equal to the full time equivalent hours they have worked (instead of only $250/year). Since current language gives all of the discretion to MMC, giving a nurse a means to challenge the decision to a group of their peers allows for a more fair system for decision making. This is similar to other functions the PNPC already has a contractual right to do. This is already current practice on most units. Having a different procedure for each unit can lead to confusion and improper call off. MMC has recently placed a hold on education funds despite the facility being profitable. It stated that CHI placed this limit on travel and education, yet another ONA facility that is also under CHI has not had the same limitation placed on them. Increasing funds to a more realistic amount of money for the cost of conferences, encourages nurses to further their education and supports safe patient care.