MASTER AGREEMENT
Reached by and between
Kaleida Health
Communications Workers of America,
AFL-CIO
International Union of Operating Engineers
AFL-CIO
Service Employees International Union/1199
United Healthcare Workers East
June 1, 2016 to May 31, 2019
1
Master Agreement
Table of Contents
Article # Title Page #
1 Agreement and Application 7
2 Responsible Relationship 7
3 Recognition 7
4 Non-Discrimination 22
5 Access to Premises for Union Representatives 23
6 Union Representation 23
7 Grievance Procedure 27
8 Probationary Period 30
9 Categories of Employees 31
10 Dual Status Employees 38
11 Flexible Employees 38
12 Per Diem Employees 40
13 Temporary Employees 43
14 Weekend Employees 44
15 Hours of Work and Work Schedules 45
16 Weekend Work 50
17 Shift Rotation 51
18 Temporary Downsizing 52
19 Floating 54
20 Shift Differential 56
21 On-Call Pay 57
22 Call-In Pay 59
23 Salaries 59
24 Recruitment, Incentive or Premium Pay Programs 60
25 Overtime 60
26 Paid Time Off 62
2
27 Paid Time Off Scheduling 69
28 Flexible Benefit Plan 105
29 Medical and Prescription Drug Benefits 106
30 Dental Benefits 112
31 Hospital Discounts 114
32 Life Insurance 116
33 Retirement Plan 117
34 Transitional Return to Work Program 121
35 Leave of Absence 123
36 Military Leave 133
37 Jury Duty 134
38 Bereavement Leave 135
39 Disability 136
40 Workers’ Compensation 140
41 Employee Assistance Program 144
42 Tuition Assistance 145
43 1199/SEIU League Training and Upgrading Fund 147
44 CWA Continuing Education Program 148
45 IUOE Training Fund 150
46 Nursing Preceptor Program 150
47 Training Program 151
48 Travel 152
49 Domestic Partner 152
50 Seniority 152
51 Layoff and Recall 155
52 Multi-Site Float Pool 234
53 Job Bidding and Transfers 235
54 Temporary Transfers Between Kaleida Health Sites 238
55 Merger, Consolidation, Transfer or Establishment 241
of Work within Kaleida Health
3
56 Selling and Closure of Business by Kaleida Health 250
57 Personnel Files 251
58 Job Descriptions 251
59 Scrub Apparel 252
60 Uniforms 253
61 Lounge and Locker Facilities 253
62 Progressive Discipline and Remediation 253
63 Time and Attendance 255
64 Attendance Bonus 258
65 Resignations/Terminations 259
66 Bargaining Unit Work 259
67 Contracting Out Work 260
68 Management Rights 260
69 Employer Policies 261
70 No Strike – No Lockout 261
71 Successorship 262
72 Committees 262
73 Health and Safety Committee 263
74 Job Security/Committee 266
75 Parking Committee 267
76 Staffing and Productivity Committees 267
77 Workforce Training and Retraining/Committee 270
78 Access to Technology 271
79 Savings Clause 271
80 School Health Services Employees 271
81 Multi-Site On-Call Procedure 274
82 Holidays 275
83 Union Membership 284
84 Pharmacy Shift Rotation at the Buffalo General Hospital 285
4
85 Payroll Deduction of Union Dues 287
86 Political Action Committee Deductions 290
87 Labor Management Committees 291
88 Temporary Closure of Units/Departments 292
89 Security Technology 292
90 Health Information Technology 293
91 Float Pool Employees 293
92 Charge Nurse 295
93 Hours of Work – Clerical Employees 296
94 Extended Shifts 296
95 Bulletin Boards 298
96 WCHOB Rotoclave 299
97 WCHOB Non-Nursing Functions 299
98 WCHOB Non Professional Functions 299
99 WCHOB Non-Technical Functions 300
100 Temporary Positions 300
101 Purchase of a Business by Kaleida Health 301
102 Parking 302
103 Drug Enforcement Administration (DEA) Numbers 304
104 Salaried Employees 304
105 Duration 304
106 Administration of the ADA 304
107 Patient Staffing Plan 305
Appendix A Clerical Employee Salaries 307
Appendix B Maintenance Employee Salaries 314
Appendix C Professional Employee Salaries 318
Appendix D Registered Nurse Salaries 324
Appendix E Service Employee Salaries 329
5
Appendix F Technical Employee Salaries 334
Appendix G Skilled Nursing Employee Salaries 342
Appendix H Kaleida Health Bargaining Units 347
Appendix I Grievance Form 348
Letter WCHOB V6 & V7 350
Letter WCHOB Rotating Positions 351
Letter Healthcare Related Joint Ventures 352
Letter Staff Incentive Plan 353
Letter Uniforms 357
Letter SEIU Upstate Regional Labor Management Project Fund 358
Letter Temporary Downsizing on a Holiday 359
Letter Temporary Downsizing Rotating Wheel 359
Letter Long-term Care Needs List Administration 363
Letter WCHOB OR and RR Rotating Shifts 365
MOU #1 DMH/TCCS Life Insurance 366
MOU #2 RNFAs Millard Fillmore 366
MOU #3 Health Insurance Grandfathering 366
MOU #4 Operating Room Service Leaders BGH, DMH and MFH 367
MOU #5 Holidays in the Operation Room at WCHOB for the 368
RN and Technical Bargaining Units
MOU #6 Red Circled Employees 369
MOU #7 Maintenance Employee Allowances (SEIU1199/IUOE17) 369
MOU #8 Seasonal Employees 370
MOU #9 Multi-Site On-Call Program/GI Lab 370
MOU #10 Special Projects – 1199 SEIU/IUOE Local 17 372
MOU #11 Rotating Positions 373
MOU #12 Drop and Add Relative to FTE 374
MOU #13 Patient Management Social Workers at Buffalo General 375
Medical Center, Millard Fillmore Suburban Hospital and
DeGraff Memorial Hospital
6
MOU #14 Bulletin Boards 376
MOU #15 Contract Printing 379
MOU #16 MFH/RN Self Staffed/Closed Units 379
MOU #17 Buffalo General Hospital RN and TCC Shift Rotation 379
MOU #18 Operating Room and Multi-Specialty Procedure Area 382
(MPA) Service Leaders at WCHOB
MOU #19 WCHOB Per Diem Employees Holiday Commitment 382
MOU #20 WCHOB RN Mandatory Overtime 382
MOU #21 WCHOB RN STAT Team 383
MOU #22 WCHOB RN Neonatal Transport Nurse 384
MOU #23 WCHOB RN Certification Pay 384
MOU #24 WCHOB RN & Technical – ECMO Specialists 385
MOU #25 Paid Time Off Grandfathering 385
MOU #26 WCHOB RN/LPN – Floating Grid 388
MOU #27 WCHOB Relocation to OCHOB 389
MOU #28 Magnet Status 391
MOU #29 Uniform Colors - LTC and Hospital Setting Nursing Units 391
MOU #30 Adult Site RN & Surgical Technologist Floating Grid 391
MOU #31 WCHOB Flexible Employees 393
MOU #32 BGMC Registered Nurse Self Staffed Closed Units 393
MOU #33 Vacant Position Tracking 394
MOU #34 DeGraff Social Worker 394
MOU #35 Clinical Pharmacy Coordinator Qualifications 395
MOU #36 Flint Road: Endo-Diabetes Titles 395
MOU #37 DeGraff/Millard Clinical Nurse Educators 396
7
Article 1
Agreement and Application
Section 1. This Master Agreement is entered into by and between Kaleida Health,
hereinafter referred to as the Employer; 1199 SEIU United Healthcare Workers East, hereinafter
referred to as SEIU and the Communications Workers of America, AFL-CIO, hereinafter
referred to as CWA; and the International Union of Operating Engineers, Local 17S, AFL-CIO,
hereinafter referred to as IUOE; or collectively as the Unions.
Section 2. The provisions of this Master Agreement shall supersede and replace the
corresponding provisions of any existing bargaining unit agreement that deals with the same
issues and shall be incorporated to the exclusion of any other provision referring to the same
issues in any initial agreement for a new bargaining unit.
Section 3. The terms and conditions of this Master Agreement shall apply to the bargaining
units listed in Appendix H and as specifically defined in their respective local bargaining unit
agreements with the Employer.
Article 2
Responsible Relationship
The Employer and the Unions recognize that it is in the best interest of the parties, the
employees, and the public that all dealings between them continue to be characterized by mutual
responsibility and respect. To insure that this relationship continues and improves, the Employer
and the Unions and their respective representatives at all levels will apply the terms of this
contract fairly in accord with its intent and meaning and consistent with the Unions’ status as
exclusive bargaining representatives of all employees covered by this contract. Each party shall
bring to the attention of all employees in the units covered by this contract, including new hires,
their purpose to conduct themselves in a spirit of responsibility and respect and of the measures
they have agreed upon to insure adherence to this purpose.
Article 3
Recognition
FOR CWA:
Section 1. The Employer hereby recognizes the Communications Workers of America, AFL-
CIO as the exclusive collective bargaining representative for the purpose of collective bargaining
with respect to rates of pay, wages, hours of employment, and other conditions of employment,
for all of its employees in the collective bargaining units:
a.) The Buffalo General Medical Center Professional Unit (Recognition is in accordance
with the Effects Master Agreement dated June 10, 1998, Section 7, Union Recognition):
8
Inclusions: All professional employees employed by Kaleida Health at Buffalo General
Medical Center, 100 High Street; Gates Vascular Institute, 875 Ellicott Street;
HighPointe on Michigan, 1031 Michigan Avenue; Larkin Building, 726 Exchange Street;
Kaleida Family Planning Center, 1313 Main Street; Hertel-Elmwood Internal Medicine
Center, 900 Hertel Avenue; North Buffalo Medical Park; 900 Hertel Avenue; 1026 Main
Street; 1028 Main Street, will be included in the bargaining unit in the following job
titles.
Clinical Dietician Nutritional Support Service Dietician
Clinical Laboratory Scientist Occupational Therapist
Clinical Pharmacy Coordinator Physical Therapist
Clinical Staff Pharmacist Physician Assistant
Community Educator Point of Care Liaison
Counselor IIICSW R Recreational Therapist
Counselor IV Senior Clinical Laboratory Scientist
Cytotechnologist Social Worker MSW
Exercise Physiologist Social Workers BSW
Graduate Pharmacist Speech Language Pathologist
Lead Clinical Dietician Staff Counselor – Behavioral Health
Lead Clinical Laboratory Scientist Staff Counselor I
Lead Counselor II Inpatient Behavioral Health Staff Counselor II Adult OP
Lead Counselor IV Staff Counselor II Case Management
Lead Counselor IV Adult OP Svcs Staff Counselor II Case Mgmt -MICAID
Lead Counselor IV Case Mgmt Staff Counselor II MS
Lead Counselor IV Cont Day Treat Staff Counselor III Adult
Lead Counselor V Staff Counselor III Case Management
Lead Cytotechnologist Staff Counselor IV
Lead Occupational Therapist Staff Counselor IV Adult OP
Lead Physical Therapist Staff Pharmacist
Lead Speech Language Pathologist SW Financial Counselor
Lead Staff Counselor II Transition Placement Coach
LTC Financial Specialist
Exclusions: All other employees, guards and supervisors as defined.
b.) The Buffalo General Medical Center Registered Nurse Unit (certified by the National
Labor Relations Board in Case 3-RC-8244):
Inclusions: Except as excluded below, registered professional nurses, in all categories of
employment, employed at Kaleida Health at Buffalo General Medical Center, 100 High
Street; Gates Vascular Institute, 875 Ellicott Street; HighPointe on Michigan, 1031
Michigan Avenue; Larkin Building, 726 Exchange Street; the Kaleida Family Planning
Center, 1313 Main Street; Hertel Elmwood Internal Medicine Center, 900 Hertel Avenue;
North Buffalo Medical Park, 900 Hertel; Herman Badillo Bilingual Academy, 315
Carolina Street; 1026 Main Street; 1028 Main Street, will be included in the bargaining
unit, in the following job titles:
9
Ambulatory Care Nurse Medical Surgical Nurse
Behavioral Health Nurse Neurosurgery Liaison Nurse
Cardiac Services Nurse Nurse Counselor
Clinical Nurse Educator Nurse Educator MS
Clinical Nurse Educator MS Nurse Practitioner
Clinical Nurse Facilitator Nurse Practitioner Behavioral Health
Clinical Nurse Specialist OR Service Line Coordinator
Clinical Nurse Specialist Neurology Patient Care Coordinator
Clinical Patient Transfer Coordinator Perioperative Clinical Nurse Educator (BS)
Critical Care Family Liaison Perioperative Clinical Nurse Educator (MS)
Critical Care Nurse RN First Assistant
Denials Management Coordinator Special Procedures Nurse
Enterostomal Therapist Staff Nurse SNF
Infection Prevention Nurse Surgical Services Nurse
Interventional Nurse Transition Placement RN
Exclusions: All other employees, including but not limited to Registered Nurses who
work in Associate Health, Human Resources or Risk Management; nurse managers,
associate nurse managers, administrative nurse managers, non-nurse professional
employees, technical employees, office clerical employees, guards and supervisors.
c.) The Buffalo General Medical Center Technical, Clinical-Clerical Unit (certified by the
National Labor Relations Board in Case 3-RC-8762):
Inclusions: All employees employed by Kaleida Health at Buffalo General Medical
Center, 100 High Street; Gates Vascular Institute , 875 Ellicott Street; HighPointe on
Michigan, 1031 Michigan; Larkin Building, 726 Exchange Street; the Kaleida Family
Planning Center, 1313 Main Street; Hertel-Elmwood Internal Medicine Center, 900
Hertel Avenue; North Buffalo Medical Park, 900 Hertel Avenue; Herman Badillo
Bilingual Academy, 315 Carolina Street; 1026 Main Street; 1028 Main Street, will be
included in the bargaining unit in the following job titles:
Activities Assistant Lead END Technologist
Addictions Counselor Lead Histology Technician
Alcohol Counselor Lead Histology Technician
Anatomic Pathology Assistant Lead Interventional Technologist
Anesthesia Technician Lead Mammography Technologist
Angiology Technician Lead MRI Technologist
Autopsy Assistant Lead Neuro-Peripheral Rad. Technologist
Cardiac Billing Statistical Analyst Lead Nuclear Med Technologist
Cardiac Services Chart Analyst Abstractor Lead Radiologic Technologist
Cardiac Technician Lead Ultrasonography Technologist
Cardiovascular Radiology Technologist Licensed Practical Nurse
Case Manager Licensed Practical Nurse SNF
CATT Scan Technologist LTC Rehabilitation Medical Secretary
10
Certified CATT Scan Technologist Mammography Technologist
Certified CATT Scan Technologist Medical Assistant
Certified CVRT - Vascular Medical Secretary
Certified CVRT Cardiac Medical Secretary Senior
Certified Medical Assistant Medical Technician
Certified MRI Technologist Mental Health Worker
Certified Occupation Therapy Assistant Mental Health Worker I
Certified Quality Assurance Technologist Monitor Technician
Communication Operator MRI Technologist
Community Health Navigator Neuro-Analyst Abstractor
Dental Assistant Neuro-Peripheral Radiologic Technologist
Dental Hygienist Neurovascular Research Technician
Dietary Clerk Neurovascular Technician
Dietary Technician Nuclear Medicine Technologist
Echo Technologist Patient Financial Clearance Rep.
EKG Technician Patient Reception Registration
Electro Neurodiagnostic Tech 1 Patient Registration Rep.
Electro Neurodiagnostic Tech 2 Perfusionist
Electro Neurodiagnostic Tech 3 Perfusionist MSF
Facilitated Enroller Pharmacy Technician I
Family Planning Counselor Pharmacy Technician II
File Clerk Phlebotomy Technician
Greeter Physical Therapy Assistant
Guest Relations Specialist Pulmonary Function Technician
Hemodialysis Patient Care Technician Radiologic Technologist
Histological Assistant Respiratory Technician
Histology Prep Technician Respiratory Therapist
Histology Technician Scheduling Secretary OR
Imaging Service Biller Secretary
In Person Assistor/Navigator Surgical Technologist
Interventional Radiology Technologist Technical Assistant
Laboratory Processor Transcriptionist Editor
Lead Certified CATT Scan Technologist Translator / Receptionist
Lead Certified CVRT - Vascular (VI) Translator LPN
Lead Certified CVRT Cardiac (CI) Ultrasonography Technologist
Lead Certified MRI Technologist Ultrasonography Technologist MSF
Lead CVRT Unit Secretary
Lead Echo Technologist Visitor Control Clerk
Exclusion: All other employees including, but not limited to, Business Office clerical
employees, secretaries to physicians, secretaries to department heads, secretaries to
employees listed on the confidential and executive payrolls, professional employees,
guards, special fund employees and supervisors as defined by the Act.
d.) The DeGraff Memorial Hospital Professional Unit (certified by the National Labor
Relations Board in Case 3-RC-11786):
11
Inclusions: All professional employees employed by DeGraff Memorial Hospital at 445
Tremont Street, North Tonawanda; DeGraff Memorial Hospital’s Skilled Nursing
Facility, 445 Tremont Street; Wellness Center, 415 Tremont Street, North Tonawanda;
will be included in the bargaining unit in the following job titles:
Clinical Dietician Occupational Therapist
Clinical Laboratory Scientist Physical Therapist
Clinical Pharmacy Coordinator Physician Assistant
Clinical Staff Pharmacist Recreational Therapist
Exercise Physiologist Senior Clinical Laboratory Specialist
Graduate Pharmacist Social Workers BSW
Lead Clinical Dietician Speech Language Pathologist
Lead Clinical Laboratory Scientist Staff Pharmacist
Lead Physical Therapist
Exclusions: All other employees, guards and supervisors as defined.
e.) The DeGraff Memorial Hospital Registered Nurse Unit (certified by the National Labor
Relations Board in Case 3-RC-10545):
Inclusions: Except as excluded below, all Registered Nurses in all categories of
employment, employed by Kaleida Health at DeGraff Memorial Hospital at 445 Tremont
Street, North Tonawanda; DeGraff Memorial Hospital’s Skilled Nursing Facility, 445
Tremont Street; Wellness Center, 415 Tremont Street, North Tonawanda; will be
included in the bargaining unit in the following job titles:
Ambulatory Care Nurse Nurse Practitioner
Cardiac Service Nurse Obstetric Nurse
Clinical Nurse Educator Operating Room Service Line Coordinator
Clinical Nurse Educator (MS) Patient Care Coordinator
Clinical Nurse Facilitator Registered Nurse First Assistant
Clinical Nurse Specialist Special Procedure Nurse
Critical Care Nurse Staff Nurse SNF
Infection Prevention Nurse Surgical Service Nurse
Interventional Nurse Transition Placement Nurse
Medical Surgical Nurse
Exclusions: All other employees including Employee Health, Human Resources or
Risk Management; RCC/Relief Charge Nurses; Nurse Managers, Associate Nurse
Managers, Administrative Nurse Manager, non-nurse professional employees, technical
employees, office clerical employees, guards and supervisors are excluded.
f.) The DeGraff Memorial Hospital Technical, Clinical-Clerical, Service Unit (certified by
the National Labor Relations Board in Case 3-RC-8774):
12
Inclusions: Except as excluded below, all technical, clinical-clerical and service
employees in all categories of employment, employed by Kaleida Health at DeGraff
Memorial Hospital at 445 Tremont Street, North Tonawanda; DeGraff Memorial
Hospital’s Skilled Nursing Facility, 445 Tremont Street; Wellness Center, 415 Tremont
Street, North Tonawanda, 43 Niagara Street; will be included in the bargaining unit in the
following job titles:
Activities Assistant Materials Equipment Coordinator
Anesthesia Assistant Materials Handler
Cardiac Technician Medical Assistant
Cashier Medical Secretary
CATT Scan Technologist Medical Technician
Central Supply Tech Medical Transcriptionist
Cert Occupation Therapy Assistant Nuclear Medicine Technologist
Certified CATT Scan Technologist Nurse Assistant
Certified Medical Assistant Nutritional Service Worker
Certified Nurse Assistant Office Support Clerk/Printer
Certified Quality Assurance Technologist Patient Access Services Representative
Coding Specialist Patient Care Assistant
Communication Operator PCA Student Nurse
Cook Patient Client Representative
Cook Assistant Patient Financial Clearance Representative
Dietary Technician Patient Financial Services Representative
Document Imaging Record Processor Patient Reception Registration
Driver Patient Registration Rep
Echo Technologist Patient Support Associate
Emergency Room Technician PFS Cashier
Environmental Service Aide Pharmacy Technician I
Facilitated Enroller Pharmacy Technician II
File Clerk Phlebotomy Technician
Grill Cook Physical Therapy Assistant
Health Information Clerk I Quality Assurance Technologist
Health Information Clerk II Radiologic Technologist
Hospitality Associate Receiving Clerk Dietary
In Person Assistor/Navigator Rehabilitation Therapy Aide/SNF
Laundry Attendant Respiratory Therapist
Lead Coding Specialist Scheduling Secretary OR
Lead Echo Technologist Site Patient Experience Associate
Lead Mammography Technologist Sterile Processing Technician
Lead Nuclear Med Technologist Surgical Technologist
Licensed Practical Nurse Technical Assistant
Licensed Practical Nurse SNF Ultrasonography Technologist
Mail Clerk Unit Secretary
Mammography Technologist Visitor Control Clerk
13
Exclusions: All other employees including, but not limited to, maintenance employees,
confidential employees, charge nurses, and other supervisors as defined in the Act are
excluded.
g.) The Millard Fillmore Hospital Professional Bargaining Unit (Recognition is in
accordance with the Effects Master Agreement dated June 10, 1998, Section 7, Union
Recognition):
Inclusions: All professional employees in all categories of employment, employed by
Kaleida Health at its Millard Fillmore Suburban Hospital, 1542 Maple Road; and The
Center of Laboratory Medicine 115 Flint Road; Diabetes-Endocrinology Center of
WNY, 705 Maple Road Suite 200; Buffalo Therapy Services, 705 Maple Road Suite 100;
Diabetes-Endocrinology Center of WNY, 100 High Street Buffalo; Diabetes-
Endocrinology Center of WNY, 445 Tremont Street North Tonawanda will be included
in the bargaining unit in the following job titles:
Clinical Dietician Lead Clinical Laboratory Scientist
Clinical Laboratory Scientist Physician Assistant
Clinical Service Representative Senior Clinical Laboratory Scientist
Exclusions: All other employees, guards, supervisors as defined by the Act, are excluded.
h.) The Millard Fillmore Hospital Registered Nurse Unit (Recognition is in accordance with
the Effects Master Agreement dated June 10, 1998, Section 7, Union Recognition):
Inclusions: Except as excluded below, registered professional nurses in all categories
of employment, employed by Kaleida Health at Millard Fillmore Suburban Hospital,
1540 Maple Road; 1542 Maple Road; Diabetes-Endocrinology Center of WNY 705
Maple Road Suite 200; Buffalo Therapy Services 705 Maple Road Suite 100; Diabetes-
Endocrinology Center of WNY 100 High Street Buffalo; Diabetes-Endocrinology Center
of WNY 445 Tremont Street North Tonawanda are included in the bargaining unit in the
following job titles:
Ambulatory Care Nurse Nurse Educator MS
Certified Nurse Midwife Nurse Midwife
Clinical Nurse Educator (BS) Nurse Practitioner
Clinical Nurse Educator (MS) Obstetrics Nurse
Clinical Nurse Facilitator OR Service Line Coordinator
Clinical Nurse Specialist Neurology Patient Care Coordinator
Critical Care Nurse Perioperative Clinical Nurse Educator (BS)
Diabetes Nurse Clinician Perioperative Clinical Nurse Educator (MS)
Enterostomal Therapist Research Nurse
Infection Prevention Nurse RN First Assistant
Interventional Nurse Special Procedures Nurse
Lactation Consultant Surgical Services Nurse
Medical Surgical Nurse Staff Nurse SNF
Neurosurgery Liaison Nurse Transition Placement Nurse
14
Exclusions: All other employees including but not limited to Registered Nurses who
work in Associate Health, Human Resources or Risk Management; nurse managers,
associate nurse managers, administrative nurse managers, non-nurse professional
employees, technical employees, office clerical employees, guards and supervisors are
excluded.
i.) The Millard Fillmore Hospital Technical/Clinical-Clerical bargaining unit (Recognition is
in accordance with the Effects Master Agreement dated June 10, 1998, Section 7, Union
Recognition):
Inclusions: Except as excluded below, all technical/clinical-clerical employees in all
categories of employment employed by Kaleida Health at Millard Fillmore Suburban
Hospital, 1540 Maple Road; 1542 Maple Road; The Center of Laboratory Medicine ,
115 Flint Road; Diabetes-Endocrinology Center of WNY, 705 Maple Road Suite 200;
Buffalo Therapy Services 705 Maple Road Suite 100; Diabetes-Endocrinology Center of
WNY 100 High Street Buffalo; Diabetes-Endocrinology Center of WNY 445 Tremont
Street North Tonawanda and all draw stations are included in the bargaining unit in the
following job titles:
Activities Assistant Lead Ultrasonography Technologist
Anatomic Pathology Assistant Lead Vascular Lab Technologist
Anesthesia Assistant Licensed Practical Nurse
Anesthesia Technician Licensed Practical Nurse SNF
Cardiovascular Radiology Technologist Mammography Technologist
CATT Scan Technologist Materials Handler
Certified CATT Scan Technologist Medical Assistant
Certified MRI Technologist Medical Secretary
Certified Occupational Therapy Assistant Medical Secretary Senior
Certified Quality Assurance Technologist Medical Technician
Communication Operator Medical Transcriptionist
Dental Assistant MRI Technologist
Dietary Clerk NeuroPeripheral Technologist
Dietary Technician Nuclear Medicine Technologist
Driver Patient Client Representative
Echo Technologist Patient Financial Clearance Rep
ED Chart Acquisition Clerk Patient Financial Services Rep
EKG Technician Patient Reception Registration
Electro Neurodiagnostic Tech 1 Patient Registration Rep
Facilitated Enroller Perfusionist
File Clerk Pharmacy Technician I
Greeter Pharmacy Technician II
Histological Assistant Phlebotomy Technician
Histology Prep Technician Phlebotomy Technician II
Histology Technician Physical Therapy Assistant
Imaging Services Biller Pulmonary Function Technician
Interventional Technologist Quality Assurance Technologist
Laboratory Processor Radiologic Technologist
15
Lead CATT Scan Technologist Respiratory Technician
Lead Cert CATT Scan Technologist Respiratory Therapist
Lead Certified MRI Technologist Scheduling Secretary OR
Lead Histology Technician Secretary
Lead Interventional Tech Surgical Technologist
Lead Mammography Technologist Technical Assistant
Lead MRI Technologist Ultrasonography Technologist
Lead NeuroPeripheral Tech Unit Secretary
Lead Nuclear Med Technologist Vascular Lab Technologist
Lead Radiologic Technologist Visitor Control Clerk
Exclusions: All other employees including Business Office Clerical employees,
Confidential and Administrative secretaries, employees who work in Human Resources,
Employee Health and Risk Management, Special Fund employees defined as employees
who are not selected according to the posting and bidding procedure and who do not have
rights to positions with Kaleida should the fund be discontinued.
FOR 1199 SEIU:
Section 1. The Employer hereby recognizes 1199 SEIU United Healthcare Workers East as
the exclusive collective bargaining representative for the purpose of collective bargaining with
respect to rates of pay, wages, hours of employment and other conditions of employment for all
of its employees in the following collective bargaining units:
a.) WCHOB Registered Nurse and Licensed Practical Nurse Unit:
Inclusions: Except as excluded below, all Registered Nurses and Licensed Practical
Nurses in the job titles listed below, at the following locations will be included in the
bargaining unit: Children's Hospital of Buffalo, 219 Bryant Street, Buffalo; John R.
Oishei Children’s Hospital, 818 Ellicott Street, Buffalo; Hodge Pediatrics Center, 125
Hodge Street; Towne Garden Pediatrics 461 William Street; Women's Health Center, 239
Bryant Street; Outpatient Services, 140 Hodge Street; Amherst Health Center, 3580
Sheridan Drive; Laboratory Services Center, 182 Lake Street, Hamburg; The Robert
Warner MD Center; all WCHOB School Based Health Programs; all WCHOB School
Based Health Clinics; Ambulatory Care Center; 1001 Main Street; Amherst General,
4955 North Bailey; Women’s Health Center, ECMC Campus, 462 Grider Street; 4535
Southwestern Blvd., Hamburg; 3860 McKinley Pkwy, Hamburg; 6363 Transit Rd.,
Lancaster; 475 S. Transit Rd., Lockport; will be included in the bargaining unit. The
following job titles are included in the Registered Nurse and LPN Units:
Ambulatory Care Nurse Nurse Midwife
Certified Transport Nurse Obstetrics Nurse
Clinical Nurse Educator (MS) OR Service Line Coordinator
Clinical Nurse Educator WCHOB Patient Care Coordinator
Critical Care Nurse Perioperative Clinical Nurse Educator, (MS)
Diabetes Nurse Clinician RN First Assistant
16
Diabetes Teaching Nurse Special Procedure Nurse
Extended Role Nurse Surgical Procedures Nurse
Infection Prevention Nurse Surgical Services Nurse
Interventional Nurse Transport Nurse
Lactation Consultant Transport Neonatal Nurse Practitioner
Licensed Practical Nurse Triage Nurse
Medical Surgical Nurse
Exclusions: All other employees, including but not limited to all professional
employees, managerial employees, administrative assistants, confidential employees who
work in Human Resources, Employee Health and Risk Management, Foundation
employees, special fund employees defined as employees who were not selected
according to the posting and bidding procedures and who do not have rights to positions
within Kaleida should the funding be discontinued.
b.) WCHOB Nurse Practitioner Unit:
Inclusions: Except as excluded below, all Nurse Practitioners employed by Women
and Children's Hospital of Buffalo at the following sites will be included in the
bargaining unit: 219 Bryant St., Buffalo; 239 Bryant St., Buffalo; Hodge Pediatrics at 125
Hodge St., Buffalo; Robert Warner Rehabilitation Center; Towne Gardens; All WCHOB
School Based Health Services; all WCHOB School Based Health Clinics; John R. Oishei
Children’s Hospital, 818 Ellicott Street, Buffalo, NY; Ambulatory Care Center, 1001
Main Street, Buffalo, NY; Amherst General, 4955 North Bailey; Women’s Health
Center, ECMC Campus, 462 Grider Street; 4535 Southwestern Blvd., Hamburg; 3860
McKinley Pkwy, Hamburg; 6363 Transit Rd, Lancaster; 475 S. Transit Rd., Lockport.
The following job titles are included in the Nurse Practitioner Unit:
Neonatal Nurse Practitioner Nurse Practitioner
Exclusions: All other employees, including but not limited to all professional
employees, managerial employees, administrative assistants, confidential employees who
work in Human Resources, and Employee Health and Risk Management.
c.) WCHOB Professional Unit:
Inclusions: Except as excluded below, all Professional employees in the job titles listed
below will be included in the bargaining unit at the following sites Women & Children's
Hospital of Buffalo-219 Bryant Street, Buffalo; Hodge Pediatrics Center-125 Hodge
Street, Buffalo; The Robert Warner M.D. Center; Towne Garden Pediatrics; 1026 Main
Street; 1028 Main Street; 1404 Sweet Home Road Suite 7, Amherst, NY; 5959 Big Tree
Road Suite 101 & Suite 104A, Orchard Park, NY 14127; John R. Oishei Children’s
Hospital, 818 Ellicott Street, Buffalo, NY; Ambulatory Care Center, 1001 Main Street,
Buffalo, NY; Amherst General, 4955 North Bailey; Women’s Health Center, ECMC
Campus, 462 Grider Street; 4535 Southwestern Blvd., Hamburg; 3860 McKinley Pkwy,
17
Hamburg; 6363 Transit Rd, Lancaster; 475 S. Transit Rd., Lockport will be included,. All
other sites associated with School Based Health Clinics and School Health Services-
Community Health Clinics will be included. The following job titles are included in the
Professional Unit:
Audiologist Marriage Family Therapist Licensed
Child Life Specialist Occupational Therapist
Clinical Dietician Physical Therapist
Clinical Laboratory Scientist Physician Assistant
Clinical Pharmacy Coordinator Psychologist Licensed
Clinical Staff Pharmacist Senior Clinical Laboratory Scientist
Community Educator Social Worker BSW
Coordinator Early Intervention Social Worker MSW
Education Counselor Special Needs Educator
Financial Counselor/Social Worker (BSW) Special Needs Outreach Liaison
Graduate Pharmacist Speech Language Pathologist
Lead Clinical Dietician Staff Counselor I
Lead Clinical Laboratory Scientist Staff Counselor II MS
Lead Occupational Therapist Staff Counselor III, CSWR
Lead Physical Therapist Staff Counselor IV (CSWR w/R required)
Lead Psychologist CS Staff Pharmacist
Lead Speech Lang Pathologist SW Financial Counselor
Librarian Unlicensed Psychologist
Exclusions: Titles or positions excluded: All other employees, including but not
limited to managerial employees, administrative assistants, confidential employees who
work in Human Resources, Employee Health and Risk Management, Foundation
employees, special fund employees defined as employees who were not selected
according to the posting and bidding procedures and who do not have rights to positions
within Kaleida should the funding be discontinued.
d.) WCHOB Technical Unit:
Inclusions: Except as excluded below, all Technical employees in the job titles
listed below, at the following locations, will be included in the bargaining unit: Women
and Children's Hospital of Buffalo, 219 Bryant Street; Hodge Pediatrics Center, 125
Hodge Street; Women's Health Center, 239 Bryant Street; Women and Children's
Hospital of Buffalo, 140 Hodge; John R. Oishei Children’s Hospital, 818 Ellicott Street,
Buffalo, NY; Ambulatory Care Center, 1001 Main Street, Buffalo, NY; Amherst General,
4955 North Bailey; Women’s Health Center, ECMC Campus, 462 Grider Street; 4535
Southwestern Blvd., Hamburg; 3860 McKinley Pkwy, Hamburg, 6363 Transit Rd,
Lancaster; 475 S. Transit Rd., Lockport; School Based Health Services; and School
Based Health Clinics will be included.
The following job titles are included in the Technical Unit:
18
Anatomic Pathology Assistant Lead Nuclear Med Technologist
Anesthesia Assistant Lead Radiologic Technologist
Anesthesia Technician Lead Ultrasonography Technologist
CATT Scan Technologist Medical Technician
Certified CATT Scan Technologist MRI Technologist
Certified MRI Technologist Nuclear Medicine Technologist
Dental Assistant Pharmacy Technician I
Dental Hygienist Pharmacy Technician II
Dietary Technician Phlebotomy Technician
Echo Technologist Phlebotomy Technician II
Electro Neurodiagnostic Tech 1 Radiologic Technologist
Electro Neurodiagnostic Tech 2 Respiratory Technician
Electro Neurodiagnostic Tech 3 Respiratory Therapist
Histological Assistant Respiratory Therapist Transport
Ld Cert CATT Scan Technologist Surgical Technologist
Lead Certified MRI Technologist Ultrasonography Technologist
Exclusions: All other employees, including but not limited to all professional
employees, managerial employees, administrative assistants, confidential employees who
work in Human Resources, Employee Health and Risk Management, Foundation
employees, special fund employees defined as employees who were not selected
according to the posting and bidding procedures and who do not have rights to positions
within Kaleida should the funding be discontinued.
e.) Business Office Clerical:
Inclusions: Except as excluded below, all Clerical employees in the job titles listed
below, at the following locations, will be included in the bargaining unit: Buffalo General
Medical Center, 100 High Street; Gates Vascular Institute, 875 Ellicott Street; Millard
Fillmore Suburban Hospital, 1530 Maple Road; Record Archive Center, 255 Great Arrow;
Larkin Building, 726 Exchange Street; 1010 Main Street; 1026 Main Street and 1028 Main
Street, Buffalo; Women and Children’s Hospital, 219 Bryant Street; John R. Oishei
Children’s Hospital, 818 Ellicott Street, Buffalo, NY. The following clerical employee
titles are included:
Acct Receivable Biller Collections Patient Financial Counseling Representative
PFS Cash Posting Patient Financial Services Rep
Certified Tumor Registrar Patient Registration Rep
Coding Specialist PFS Cashier
Corporate Bed Desk Coordinator PFS Rep Call Center
Diagnostic Coder Physician Ancillary Services Coder
Document Imaging Record Processer Quality Enhancement
Health Information Clerk I Record Archive Clerk
Health Information Clerk II Record Archive Warehouse Worker
Lead Coding Specialist Service Response Center Rep
Lead Record Archive Specialist Support Staff
Outpatient Coding Specialist Tumor Registry Clerk
Patient Financial Clearance Representative Warehouse Record Archive Clerk
19
Exclusions: All other employees, including but not limited to all professional employees,
managerial employees, administrative assistants, confidential employees who work in
Human Resources, Employee Health and Risk Management, Foundation employees,
special fund employees defined as employees who were not selected according to the
posting and bidding procedures and who do not have rights to positions within Kaleida
should the funding be discontinued.
f.) WCHOB Service and Maintenance Unit:
Inclusions: Except as excluded below, all Service and Maintenance employees in the job
titles listed below, at the following locations, will be included in the bargaining unit:
Women and Children's Hospital of Buffalo, 219 Bryant Street; Hodge Pediatrics Center
125 Hodge Street; Women's Health Center, 239 Bryant Street; Outpatient Services, 140
Hodge Street; 1404 Sweet Home Road Suite 7, Amherst, NY 1010 Main Street; 1026 Main
Street; 1028 Main Street, Buffalo. All WCHOB School Based Health Programs; all
WCHOB School Based Health Clinics; John R. Oishei Children’s Hospital, 818 Ellicott
Street, Buffalo, NY; Ambulatory Care Center, 1001 Main Street, Buffalo, NY; Amherst
General, 4955 North Bailey; Towne Gardens Clinic, 461 William Street; Women’s Health
Center, ECMC Campus, 462 Grider Street; 4535 Southwestern Blvd., Hamburg; 3860
McKinley Pkwy, Hamburg; 6363 Transit Rd, Lancaster; 475 S. Transit Rd., Lockport. The
following service and maintenance job titles are included:
Carpenter A Materials Handler
Central Supply Tech Medical Assistant
Certified Medical Assistant Medical Assistant (Student Nurse)
Cook Nurse Assistant
Electrician A Nutritional Service Worker
Environmental Service Aide Painter A & B
Facilities Inventory Specialist Patient Care Associate
Groundskeeper Patient Support Associate
Hospitality Associate PCA Student Nurse
Indirect Care Aide Plumber A
Lead Mail Clerk Refrigeration Mechanic A
Maintenance Mechanic A Site Patient Experience Associate
Maintenance Mechanic B Stationary Engineer
Materials Equipment Coordinator
Exclusions: All other employees, including but not limited to all professional employees,
managerial employees, administrative assistants, confidential employees who work in
Human Resources, Employee Health and Risk Management, Foundation employees, special
fund employees defined as employees who were not selected according to the posting and
bidding procedures and who do not have rights to positions within Kaleida should the
funding be discontinued.
g.) WCHOB Clerical Unit:
20
Inclusions: Except as excluded below, all Clerical employees in the job titles listed
below, at the following locations, will be included in the bargaining units: Women and
Children's Hospital of Buffalo, 219 Bryant Street; Amherst Health Center 3580 Sheridan
Drive; Hodge Pediatrics Center 125 Hodge Street; Women's Health Center, 239 Bryant
Street; Outpatient Services, 140 Hodge Street; Robert Warner, M.D. Center; 1404 Sweet
Home Road Suite 7, Amherst, NY; John R. Oishei Children’s Hospital, 818 Ellicott
Street, Buffalo, NY; Ambulatory Care Center, 1001 Main Street, Buffalo, NY; Amherst
General, 4955 North Bailey; Towne Gardens Clinic, 461 William Street; Women’s
Health Center, ECMC Campus, 462 Grider Street; 4535 Southwestern Blvd., Hamburg;
3860 McKinley Pkwy, Hamburg; 6363 Transit Rd, Lancaster; 475 S. Transit Rd.,
Lockport. The following Clerical job titles are included:
Ambulatory Rep Quality Enhance Medical Secretary Senior
Cashier Medical Transcriptionist
Coding Specialist Patient Client Representative
Communication Operator Patient Financial Clearance Representative
Dietary Clerk Patient Financial Services Rep
Document Imaging Record Processor Patient Financial Services Cashier
Facilitated Enroller Patient Reception Registration
File Clerk Patient Registration Representative
Health Information Clerk I Quality Enhancement
Health Information Clerk II Registration Coordinator
In Person Assistor/Navigator Scheduling Secretary OR
Lead Coding Specialist Secretary
Library Assistant Trauma Registrar
Mail Clerk Unit Secretary
Medical Secretary
Exclusions: All other employees, including but not limited to all professional
employees, managerial employees, administrative assistants, confidential
employees who work in Human Resources, Employee Health and Risk
Management, Foundation employees, special fund employees defined as
employees who were not selected according to the posting and bidding procedures
and who do not have rights to positions within Kaleida should the funding be
discontinued.
h.) Millard Fillmore Hospitals Service and Maintenance Units:
Inclusions: Except as excluded below, all Service and Maintenance employees
in the job titles listed below, at the following locations, will be included in the
bargaining unit: Millard Fillmore Suburban Hospital, 1540 Maple Road, Williamsville.
The following Service and Maintenance job titles are included:
Carpenter A Maintenance Mechanic A
Carpenter B Maintenance Mechanic B
Central Supply Tech Materials Handler
21
Certified Nurse Assistant Nurse Assistant
Cook Nutritional Service Worker
Cook Assistant Painter A
Driver Painter B
Electrician A Patient Care Assistant
Electrician A 80 hr Patient Support Associate
Environmental Service Aide PCA Student Nurse
Grill Cook Plumber A
Groundskeeper Receiving Clerk Dietary
Hospitality Associate Refrigeration Mechanic A
Laundry Attendant Rehabilitation Therapy Aide/SNF
Mail Clerk Shift Engineer
Maintenance Helper Site Patient Experience Associate
Maintenance Engineer Storeroom Clerk
Maintenance Worker
Exclusions: All other employees, including but not limited to all professional
employees, managerial employees, administrative assistants, confidential employees who
work in Human Resources, Employee Health and Risk Management, Foundation
employees, special fund employees defined as employees who were not selected
according to the posting and bidding procedures and who do not have rights to positions
within Kaleida should the funding be discontinued.
i.) Buffalo General Medical Center / HighPointe on Michigan Street Service
and Maintenance Units:
Inclusions: Except as excluded below, all Service and Maintenance employees
in the job titles listed below, at the following locations, will be included in the bargaining
unit: Buffalo General Medical Center, 100 High Street; Gates Vascular Institute, 875
Ellicott Street; HighPointe on Michigan, 1031 Michigan Avenue. The Service and
Maintenance job titles are included:
Cafeteria Worker Mail Clerk
Central Supply Tech Materials Equipment Coordinator
Certified Nurse Assistant Materials Handler
Cook Nurse Assistant
Cook Assistant Nutritional Service Worker
Driver Patient Care Assistant
Environmental Service Aide Patient Support Associate
Grill Cook PCA Student Nurse
Groundskeeper Receiving Clerk Dietary
Hospitality Associate Recreational Helper
Indirect Care Aide Regulatory Waste Handler
Laundry Attendant Site Patient Experience Associate
Laundry Helper SPD Aide
Long Term Care Sitter
22
Exclusions: All other employees, including but not limited to all professional
employees, managerial employees, administrative assistants, confidential employees who
work in Human Resources, Employee Health and Risk Management; Foundation
employees, special fund employees defined as employees who were not selected
according to the posting and bidding procedures and who do not have rights to positions
within Kaleida should the funding be discontinued.
FOR IUOE:
Section 1. The Employer hereby recognizes the International Union of Operating Engineers
as the exclusive collective bargaining representative for the purpose of collective bargaining with
respect to rates of pay, wages, hours of employment, and other conditions of employment, for all
of its employees in the collective bargaining unit of skilled maintenance employees in the Plant
Operations Department at DeGraff Memorial Hospital, 445 Tremont Street; DeGraff Memorial
Hospital Skilled Nursing Facility, 445 Tremont Street; Wellness Center, 415 Tremont Street;
DeGraff Community Center, 139 Division Street; 43 Niagara Street, North Tonawanda, NY.
Inclusions:
Carpenter A Mason A
Electrician A Microwave Stationary Engineer
Electrician A 80 Hours Painter A
Facilities Inventory Specialist Painter B
Groundskeeper Plumber A
Maintenance Engineer Refrigeration Mechanic A
Maintenance Mechanic A Shift Engineer
Maintenance Mechanic B Stationary Engineer
Maintenance Worker Storeroom Clerk
Exclusions: All other job titles not listed above.
FOR ALL EMPLOYEES:
Section 2. The Employer will provide the Local Union on a monthly basis, a list of all newly
hired employees, additions to the bargaining unit, transfers into or out of the bargaining unit, a
list of terminations and deletions from the bargaining unit, a list of dual status employees, a list
of name and address changes, a seniority and an alphabetical bargaining unit list with Social
Security numbers.
Article 4
Non-Discrimination
Neither the Employer nor the Union shall discriminate against an employee on the basis of age,
race, creed, religion, color, national origin, sexual orientation, genetic characteristics, military
status, sex, disability, or marital status all as defined by State or Federal laws.
23
Article 5
Access to Premises for Union Representatives
Section 1. Accredited union representatives not employed by the Employer will have
reasonable access to the Employer premises for the purpose of conferring with management.
Advance notice of forty-eight (48) hours shall be served. It is understood, however, that
circumstances may dictate a shorter notice.
Section 2. It is agreed to and understood, that Union meetings may be scheduled on
Employer property with the prior approval of the Employer and in accordance with the following
procedure:
a.) Requests for use of facilities will be made in writing with as much notice as
possible prior to the requested dates. Each request will include not only the
proposed date, but also a brief description of the purpose of the meeting, the
number of persons expected to attend and the time or times during which the
room will be utilized.
b.) All requests will be forwarded to the appropriate Human Resource office and/or
to the Employer representative responsible for scheduling.
c.) The Employer will attempt to accommodate all requests made, but it is
understood that space may not be available on the date requested and an alternate
day may have to be utilized. In any case, the Employer will respond within forty-
eight (48) hours of the date of notice.
Article 6
Union Representation
Section 1. The Union may select from employees in the bargaining unit, union
stewards/delegates in any number it desires for the purpose of handling grievances or other
legitimate Union business. It is the goal of the Union to have union stewards/delegates on all
shifts and at all locations. Paid time off as provided for in Section 3. of this Article shall be
provided to Union designated chief stewards, stewards, delegates and unit officers.
If a steward/delegate is not available for Union business, an officer or executive board member
may identify themselves to the supervisor as the person who will be acting on behalf of the
steward/delegate for the period of the absence of such steward/delegate. In this instance officers
and executive board members may continue to use up to seven and one-half (7 ½) hours pre-
scheduled in the union office as union representation time defined in Section 3. a.) below. In
addition, officers and executive board members may utilize up to an additional two and one-half
(2 ½) hours of paid union representation time in the absence of a steward/delegate, that is not
pre-scheduled.
24
Section 2. The Union shall furnish the Employer a listing of designated chief stewards,
stewards, delegates and unit officers. Wherever there is a change in stewards/delegates, the
Union shall give written notice to the Employer (Site Human Resource Department and
Corporate Labor Department) and such list of change notice shall be authorized and executed by
the Secretary-Treasurer of the Local Union, the Union's Local President, or such other Union
official designated by the Union.
Section 3.
a.) For CWA: Chief stewards and stewards/delegates shall restrict their activities to
the handling of grievances or other legitimate Union business.
Stewards/delegates shall not be permitted more than seven and one-half (7.5)
hours per pay period of paid time off to conduct union business. Chief stewards
shall not be permitted more than sixteen (16) hours per pay period of paid time off
to conduct union business. In no event shall the sum of the total paid time off
spent by all stewards/delegates, and chief stewards, exceed more than four (4)
hours for every twenty (20) bargaining unit employees under this Agreement per
pay period.
b.) For IUOE: Chief stewards and stewards/delegates shall restrict their activities to
the handling of grievances or other legitimate union business. The chief steward
and a steward/delegate shall not be permitted more than a total of ten (10) hours,
for both the chief steward and the steward/delegate, of paid time off per pay
period.
c.) For SEIU: Chief stewards, delegates and unit officers shall restrict their activities
to the handling of grievances or other legitimate Union business. Delegates shall
not be permitted more than seven and one-half (7.5) to eight (8) hours of paid
time off per pay period and chief stewards and unit officers sixteen (16) hours per
pay period to conduct union business. In no event shall the sum of the total paid
time off spent by all stewards/delegates and chief stewards or unit officers, exceed
more than four (4) hours for every twenty (20) bargaining unit employees under
this Agreement per pay period.
Section 4. The Employer shall not be obligated to pay stewards/delegates for time spent in
grievance handling or grievance meetings beyond the end of their regular shift nor when they are
not scheduled to work, unless the Employer schedules meetings for such times. If so scheduled,
payment shall be provided for as per Article 23, Salaries.
Section 5. Stewards/delegates, including chief stewards, officers and executive board
members, shall be required to obtain approval from their immediate supervisor to leave their
work stations or to take time to investigate and adjust grievances. Where practical, such
approval, subject to limitations set forth in Section 3., shall be granted without unreasonable
delay. It shall be understood that these employees shall report back to their work stations
promptly after the completion of Union business.
25
Section 6. It is understood that union representation time may be pre-scheduled to work in
the Union Office, or at the site. No more than seven and one-half (7 ½) hours (eight [8] hours
for those employees with a forty (40) hour work week) per week may be prescheduled for use in
the union office. Such requests shall be submitted in advance of the scheduled time block with
other time requests. Stewards/delegates, including the chief stewards, executive board members
and unit officers who acted as a steward/delegate under Section 1. above, shall record time used
for union business on the appropriate timekeeping system each week. The Union shall submit to
Human Resources and to each employee's timekeeper verification of time spent in the union
office, whether paid or unpaid. Verification must include dates and times, and must be submitted
prior to each payroll Monday, or the employees' time will not be recorded in the payroll system.
Section 7. In the interest of the efficient and orderly conduct of business and the economical
use of time, the following activities shall not be conducted on Employer paid time by any
bargaining unit employee:
a.) activities connected with organizing efforts and the internal management of the
Union;
b.) solicitation of membership;
c.) circulation of authorization cards or petitions;
d.) collection of dues or other assessments;
e.) solicitation of signatures on dues withholding authorization forms or forms
revoking dues withholding authorizations;
f.) campaigning for Union office;
g.) distribution of literature.
Section 8. It is agreed that the collection of dues and soliciting of membership shall be
allowed on Employer premises, but not on Employer paid time. However, it is to be clearly
understood that if any of the above listed activities cause a disturbance or the disruption of the
orderly conduct of business, such privileges may be revoked immediately.
Section 9. When an employee covered by this Agreement is interviewed by a representative
of the Employer, and the result of such interview could be discipline, or a counseling is to occur,
the employee will be so informed and will be offered union representation during such interview.
It is understood that the Union representative shall not interfere with the Employer
representative's interview or investigation.
Section 10. Each Union that is participating in joint bargaining will have paid time off as
outlined below, for all meetings that are mutually agreed to by the Employer and the Unions for
the purpose of negotiating a successor to the Master and Bargaining Unit Agreements.
26
a.) Each bargaining unit covered by this Agreement will be entitled to one (1)
bargaining committee representative for every one hundred and eighty (180)
members in the bargaining unit.
b.) Regardless of the size of the unit, no bargaining unit committee shall have more
than three (3) representatives and all bargaining units will have at least one (1)
representative.
c.) Each committee member will be paid a maximum of eight (8) hours for each day
spent at negotiations. Such time will be paid at the base rate and will not be
counted as time worked for the purpose of computing overtime. Shift differential
will apply for hours worked on a premium shift in accordance with Article 20,
Shift Differential.
For IUOE: The DeGraff Maintenance unit, participating in Master
Bargaining, will have a maximum of two (2) paid days or sixteen (16) hours
per week for the purpose of preparation for bargaining.
Section 11. For CWA:
a.) The President, the Vice Presidents, the Secretary-Treasurer, Area Vice-President,
and additional Executive Board members (four [4] Special Directors) of the Local
Union, if employed by Kaleida Health, shall be considered as full-time
employees, with full-time benefits and will be excused by the Employer for up to
six (6) days equivalent to fifty (50) hours of unpaid time per pay period as
necessary to perform the duties of their offices. Part-time employees in one of the
above offices will continue to be considered part-time by the Employer with
benefits equivalent to their status. The Local Union shall provide the Employer
with at least two (2) weeks advance notice of such absences. If any executive
board member requires more than the days per contract year as outlined in this
subsection a.), the Local Union may direct that the Employer provide him/her the
additional unpaid days from the bank of hours described in 11(b) below. The
Union will notify the site Human Resource office and the Corporate Labor
Department in writing of those members who are serving in one of the four (4)
Special Director positions.
b.) The Employer shall provide up to one hundred fifty (150) days in increments of
seven and one-half (7½) hours per payroll year of unpaid excused absence time
for union business to employees in the following Union positions: chief stewards,
stewards/delegates, unit officers, convention delegates and committee members.
The Local Union shall provide the Employer with at least two (2) weeks advance
notice of such absences. It is understood that no more than ten (10) employees
may be excused at any one time, and that not more than two (2) may be off in any
one cost center except if more than two (2) employees off would be consistent
with the efficient operation of the Hospital.
27
Section 12. For IUOE:
a.) An executive board member or business agent of IUOE, if employed by Kaleida,
shall be considered as regular full-time employees, with full-time benefits and
will be excused by the Employer for up to six (6) days equivalent to the
employee’s daily paid hours not to exceed fifty (50) hours per pay period as
necessary to perform the duties of their offices. Part-time employees in one of the
above offices will continue to be considered part-time by the Employer with
benefits equivalent to their status. The Local Union shall provide the Employer
with at least two (2) weeks advance notice of such absences.
Section 13. For SEIU: The Employer shall provide unit officers and delegates of 1199 SEIU
up to seventy-five (75) days per contract year, in increments of seven and one-half (7.5) or eight
(8) hours, of unpaid excused absence time for union business. Such employees shall be limited to
ten (10) days each per contract year. 1199 SEIU shall provide the Employer with at least two (2)
weeks advance notice of such absences. It is understood that no more than ten (10) employees
may be excused at any one time, and that not more than two (2) may be off in any one cost center
except if more than two (2) employees off would be consistent with the efficient operation of a
facility.
Section 14. Any employee that is excused from work for union business, regardless of
whether it is with or without pay, will maintain his/her category of employment and will not lose
any benefits provided for in this Agreement, including those provided for under the retirement
plan excluding Employer match in the savings investment plan.
Section 15. The Union shall be provided thirty (30) minutes at each new employee orientation
for the purpose of addressing all new employees hired into the bargaining unit.
Article 7
Grievance Procedure
Section 1. A grievance, under this Agreement, or applicable bargaining unit Agreements,
shall be defined as a claim of an employee, a class of employees, or the Local Union, covered by
the Agreement which involves the interpretation, administration of, or compliance with a specific
provision of this Agreement. A class action grievance is one that impacts more than one
bargaining unit within this Master Agreement. It will be initially presented at Step 2 of the
grievance procedure. A grievance for a group of employees within a department and/or
bargaining unit will be initially presented at Step 1 of the grievance procedure.
Section 2. The selection and the assignment of supervisory employees is the sole
responsibility of the Employer and shall not be subject to the grievance mechanism.
Section 3. All grievances shall be reduced to writing on forms provided by the Union. The
Steward shall clearly and concisely state all facts which constitute the basis for the grievance and
shall specify any Article or Section of the Agreement which may be involved. The grievance
28
form shall be dated and signed by the Steward and at least one employee who claims a violation
of this Agreement. All grievances shall be recorded on a mutually agreed upon form which is
attached hereto as Appendix I.
Section 4. For a grievance to be treated as a valid one, it must be presented to an Employer
representative in writing, as described in Section 3, within twenty (20) calendar days after the
event or events giving rise to the grievance occurred, or within twenty (20) calendar days after
those events should have reasonably been known.
Section 5. Any time limit imposed upon the handling of grievances shall commence on the
date of receipt. Any time limit so imposed shall be interpreted as calendar days.
Section 6. It is understood by the parties that the Union representative(s) and/or an aggrieved
employee shall undertake every reasonable effort, including but not limited to face to face
meetings, to resolve a grievance by first addressing it with the immediate supervisor. Whether or
not a discussion is held, and the grievance is not resolved, it may be presented in writing to the
Employer as provided for in Section 3. and Section 4. above, and it shall be processed in the
following manner:
Step 1: The grievance shall be presented in writing to the Head of the Department, or
his/her designee for discussion with the Union Representative(s) and the grievant
if the aggrieved employee is willing and able to attend. The discussion with the
Head of the Department, the employee’s immediate supervisor and the Human
Resources site representative shall be held promptly after receipt of the written
grievance and within seven (7) calendar days. The Head of the Department or
designee’s written answer shall be made available to the Union Representative
within five (5) calendar days after the Step 1 discussion.
Step 2: If no mutually acceptable conclusion is reached in Step 1, the grievance shall then
be presented, in writing, to the Director of Labor Relations, or designee, which
individual shall handle second step grievances for all sites within ten (10)
calendar days after the receipt by the Union Representative of the written answer
derived from the Step 1 discussion. The matter shall be investigated and
discussed at a meeting including the parties’ representatives and normally, the
aggrieved employee. This meeting shall take place within seven (7) calendar days
of the request unless mutually waived. The Director of Labor Relations, or
designee, shall render a decision in writing to the appropriate Union
Representative within fourteen (14) calendar days of the Step 2 discussion.
Step 3: If no mutually satisfactory conclusion is reached at the end of Step 2, either party
to this Agreement may give notice of its desire to arbitrate the grievance. The
arbitration process shall be initiated by sending a letter to the Federal Mediation
and Conciliation Service (FMCS), with a copy of this request letter to the Director
of Labor Relations, or designee, within forty-five (45) calendar days after receipt
of the Step 2 answer, identifying the grievance, including whatever forms are
29
required by the Mediation Service and a request that the Mediation Service send
to each party a list of seven (7) names of arbitrators.
Section 7. If a grievance cannot be resolved at Step 2, the parties may mutually agree to
submit the grievance to non-binding mediation before mutually agreed upon mediator from
FMCS. Such submission will be made to FMCS in a letter signed by the parties. The parties
agree that a grievance mediation session shall be held every other month for the purpose of
mediating up to eight (8) unresolved grievances which have arisen.
a.) Grievance mediation sessions shall be scheduled at least twelve (12) months in
advance and every effort will be made to use a regular day each month. Grievance
mediation sessions may only be cancelled by the mutual agreement of the parties in
writing.
b.) Any grievance settlement, whether it represents a compromise between the parties or
a full granting of the grievance, shall be reduced to writing and signed at the
grievance mediation session. Any grievance which is withdrawn shall be done so in
writing and signed at the grievance mediation session. Any discussions held in the
course of the grievance mediation process shall be considered “off the record” and
shall be inadmissible in any subsequent arbitration hearing, NLRB proceeding or
judicial proceeding. Any settlement reached in grievance mediation shall not be
considered as precedent.
Should the parties reach agreement at this step, it shall be binding upon the parties. If either
party violates the agreement achieved at this step then the other party may move the matter
immediately to arbitration.
Section 8. Following receipt of the copy of the list of arbitrators, a representative of each
party shall alternately strike a name until one name is left. The determination of who strikes first
may be made by the coin toss with the loser making the first strike. The remaining name shall be
the arbitrator for that grievance. Either party may reject a panel of arbitrators and request one
additional panel.
Section 9. The cost and the expense of the arbitrator and the hearing room shall be shared
equally by the parties. All other expenses shall be borne by the party incurring them, and neither
party shall be responsible for the costs of the other.
Section 10. Not more than a single grievance arising under this Agreement may be arbitrated
in a single proceeding before an arbitrator unless by mutual agreement in writing signed by the
parties.
Section 11. The award of an arbitrator shall be final and binding on the Union, its members,
the employee or employees involved and the Employer.
30
Section 12. The decision of the arbitrator may or may not include “make whole” decisions
with respect to back pay, provided, however, if an arbitrator shall award back wages covering the
period of an employee’s separation from the Employer’s payroll, the amount as awarded shall be
less any unemployment compensation received or other compensation from any source, which
the employee would not have received or earned had they not been suspended or discharged, and
provided further that any wages from another job with another employer held by the employee at
the time of the suspension or termination will not be the basis for any reduction in back pay
awarded.
Section 13. The arbitrator shall have no authority to alter, amend or change in any way the
terms and conditions of this Agreement, the Employer’s written work rules and policies and shall
confine their decision to a determination of the facts and interpretation, administration of, and
compliance with the terms of the Agreement. The arbitrator shall include in his/her decision
including in his/her decision findings of fact, conclusions of law (if applicable), and what
provisions if any, of the Agreement were violated.
Section 14. Any grievance not answered within the specified time periods may be appealed to
the next Step of the Grievance procedure immediately. Grievance may be entertained at any
Step or the time limits may be changed at any Step by mutual consent of the parties in writing.
Failure to timely appeal any grievance will close the grievance.
Section 15. Any grievance which the Employer may have against the Union shall be reduced
to writing and submitted to the chief steward who will promptly arrange a meeting at the Step 2
level of this procedure.
Section 16. A grievance alleging discharge without just cause or grievances concerning
layoffs due to a reduction in the work force shall be reduced to writing within seventy-two (72)
hours of the Local Union's receipt of written notice of the discharge or notice of layoff or within
seventy-two (72) hours after the events should reasonably have become known to the Local
Union, and shall be submitted at Step 2. of this procedure.
Article 8
Probationary Period
Section 1. All full-time and part-time employees shall be probationary for a period of ninety
(90) calendar days following their date of hire inclusive of the orientation period.
Section 2. The Employer may at its option extend the probationary period by thirty (30)
calendar days by giving notice of extension in writing to the employee, inclusive of a plan of
correction, seven (7) days prior to the expiration of the ninety (90) calendar day probationary
period. Further, if the employee is absent for three (3) or more scheduled work days during the
probationary period, the period will automatically be extended by the number of hours the
employee was absent.
31
Section 3. During the probationary period or any extension hereof, the Employer may
discipline, or discharge, a probationary employee without recourse to this Agreement.
Article 9
Categories of Employees
FOR CWA BARGAINING UNITS:
Section 1. A full-time employee is defined as one who is regularly scheduled to work:
a.) thirty-seven and one-half (37½) hours in a work week (or seventy-five [75] hours
in a pay period) for employees working eight (8) hour shifts;
b.) thirty-seven and one-half (37½) hours in a work week (or seventy-five [75] hours
in a pay period) for employees working ten (10) hour shifts;
c.) thirty-seven and one-half (37½) hours in a work week (or seventy-five [75] hours
in a pay period) for employees working thirteen (13) hour shifts;
d.) thirty-six (36) hours in a work week (or seventy-two [72] hours in a pay period)
for employees working twelve and one-half (12½) hour shifts;
e.) thirty-four and one-half (34½) hours in a work week (or sixty-nine [69] hours in a
pay period) for employees in the BGH-TCC bargaining unit working twelve (12)
hour shifts;
f.) seventy (70) hours in one (1) work week and no hours in a second work week for
a total of seventy (70) hours in a pay period for employees in the BGH-PROF
bargaining unit;
g.) forty (40) hour weekend employee is one who is regularly scheduled to work
forty (40) consecutive hours over the weekend for employees in the MFH-TCC
bargaining unit;
Section 2. A part-time employee is defined as one who is regularly scheduled to work:
a.) less than thirty-seven and one-half (37½) hours but eighteen and three quarters
(18¾) or more hours in a work week (or thirty-seven and one-half [37½] hours in
a pay period);
b.) less than thirty-seven and one-half (37½) hours but twelve (12) or more hours in a
work week for employees in the DMH-TCCS and DMH-RN bargaining units;
32
c.) less than thirty-seven and one-half (37½) hours but fifteen (15) or more hours in a
work week (or thirty-seven and one-half [37½] hours in a pay period) for
employees working in the DMH-PROF bargaining unit.
Section 3. Section 1. f.) above refers to the schedule currently worked by Pharmacists. In
accordance with the Fair Labor Standards Act, wages shall be paid to these employees as
follows:
a.) overtime premium of time and one-half the employee’s normal hourly rate shall
not be paid for hours in excess of forty (40) hours in a workweek; but
b.) overtime premium will be paid for all hours in excess of eight (8) in a day.
FOR WCHOB RN/LPN BARGAINING UNIT:
Section 1. In the RN unit a full-time employee is defined as one who is regularly scheduled
to work:
a.) eighty (80) hours in a pay period for employees working eight (8) hour shifts;
b) eighty (80) hours in a pay period for employees working ten (10) hour shifts;
c) seventy-two (72) hours in a pay period for employees working twelve (12)
hour shifts;
d.) seventy-two (72) hours in a pay period for employees who are regularly scheduled
for eight-hour shifts equal to seventy-two (72) hours in a pay period prior to 1/1/01;
e) sixty seven and one-half (67-1/2) hours or more in a pay period for Extended Role
Nurses;
f.) eighty hours per pay period for employees working six (6) 12 hour shifts and one
(1) eight (8) hour shift;
g,) seventy-Two (72) hours in a pay period who work four (4) ten (10) hour shifts
and four (4) eight (8) hour shifts;
h.) seventy-five (75) hours in a pay period for employees working ten (10) seven and
one-half (7 ½) hour shifts;
i) employees who work sixty seven and one half (67 ½) hours or more in a pay
period in any combination of hours.
Section 2. In the LPN unit a full time employee is defined as one who is regularly scheduled to
work:
33
a) seventy five (75) hours in a pay period for employees working seven and one-
half (7 ½) hour shifts;
b) seventy six (76) hours in a pay period for employees working nine and one- half
(9 ½)) hour shifts;
c) sixty-nine (69) hours in a pay period for employees working eleven and one- half
(11 ½ ) hour shifts;
d) seventy two (72) hours in a pay period for employees in the NICU working
twelve (12) hour shifts.
Section 3. A part-time employee is defined as one who is regularly scheduled to work at
least thirty six (36) hours in a pay period in any combination of hours.
FOR WCHOB NURSE PRACTITIONER BARGAINING UNIT:
Section 1. In the Nurse Practitioner unit a full-time employee is defined as
one who is regularly scheduled to work:
a.) eighty (80) hours in a pay period for employees working eight (8) hour
shifts;
b.) eighty (80) hours in a pay period for employees working ten (10) hour
shifts;
c.) eighty (80) hours in a pay period for employees working variable shifts;
d.) seventy-two (72) hours in a pay period for employees working twelve (12)
hour shifts;
e.) seventy-five (75) hours in a pay period for employees working 7.5 hour
shifts.
Section 2. A part-time employee is defined as one who is regularly scheduled
to work at least thirty-six (36) hours in a pay period,
Section 3. ICN Nurse Practitioners currently working eighty (80) hours per pay period will
continue to work eighty (80) hours per pay period.
FOR WCHOB PROFESSIONAL BARGAINING UNIT:
34
Section 1. In the Professional unit a full-time employee is defined as one who is regularly
scheduled to work:
a.) seventy-five (75) hours in a pay period for employees working seven and
one half (7.5) hour shifts and variable shifts;
b.) seventy-five (75) hours in a pay period for employees working ten (10)
hour shifts and variable shifts;
c.) seventy-five (75) hours in a pay period for employees working twelve and one-
half (12.5) hour shifts and variable shifts.
d.) seventy-two (72) hours in a pay period for employees working twelve (12)
hour shifts;
e.) seventy (70) hours in a pay period for employees who work seven (7)
consecutive ten (10) hour shifts or variable shifts in a work week;
f. ) sixty-seven and one-half (67 1/2) hours or more in a pay period including
but not limited to School Health Services Employees;
g.) Physician Assistants in the ICN/NICU who work eighty (80) hours per
pay period.
Section 2. A part-time employee is defined as one who is regularly scheduled to work at
least thirty-seven and one-half (37.5) hours in a pay period but less than seventy-five (75) hours.
FOR WCHOB TECHNICAL BARGAINING UNIT:
Section 1. A full-time employee is defined as an employee who is regularly
scheduled to work:
a.) forty (40) hours in a work week (or eighty (80) hours in a pay period) for
employees working eight and one-half (8.5) hour shifts;
b.) thirty-nine (39) hours in a work week (or seventy-eight (78) hours in a pay
period) for employees working thirteen and one-half (13.5) hour shifts;
c.) thirty-seven and one-half (37.5) hours in a work week (or seventy-five (75) hours
in a pay period) for employees working seven and one-half (7.5) hour shifts;
d.) forty (40) hours in a work week (or eighty (80) hours in a pay period) for
employees working ten (10) hour shifts;
e.) thirty-seven and one-half (37.5) hours in a work week (forty (40) hours
scheduled in a single weekend);
35
f.) thirty-six (36) hours in a work week (or seventy-two (72) hours in a pay
period) for employees working twelve and one-half (12.5) hour shifts;
g.) up to thirty-seven and one-half (37.5) hours in a work week to equal sixty-
seven and one-half (67.5) hours in a pay period;
h.) thirty-four (34) hours in a work week (or sixty-nine (69) hours in a pay
period) for employees working twelve (12) hour shifts.
Section 2. A part-time employee is defined as one who is regularly scheduled to work at
least thirty-seven and one-half (37-1/2) hours but eighteen and three quarter hours (18 ¾) or
more in a work week {or thirty-seven and one-half (37 ½) hours in a pay period}.
FOR WCHOB SERVICE AND MAINTENANCE BARGAINING UNIT:
Section 1. A full-time employee is defined as an employee who is regularly scheduled to
work:
a.) thirty-seven and one-half (37.5) hours in a work week (or seventy-five (75) hours
in a pay period) for employees working eight (8) hour shifts;
b.) thirty-four and one-half (34.5) hours in a work week (or sixty-nine (69) hours in a
pay period) for employees working eleven and one-half (11.5) hour shifts;
c.) thirty-eight (38) hours in a work week (or seventy-six (76) hours in a pay period)
for employees working nine and one-half (9.5) hour shifts;
d.) full-time Stationary Engineers shall work forty (40) hours in a work week
inclusive of a paid half hour lunch period;
e.) sixty-seven and one-half (67 ½) hour or more in a pay period.
Section 2. A part-time employee is defined as one who is regularly scheduled to work at
least thirty-seven and one-half (37 ½) hours in a pay period but less than seventy-five (75) in a
pay period.
FOR KALEIDA HEALTH BUSINESS OFFICE CLERICAL BARGAINING UNIT:
Section 1. A full-time employee is defined as an employee who is regularly scheduled to
work thirty-seven and one-half (37.5) hours in a work week (or seventy-five (75) hours in a pay
period) working eight (8), ten (10), twelve (12) or a combination of shifts.
Section 2. A part-time employee is defined as one who is regularly scheduled to work at
least thirty-seven and one-half (37.5) hours but less than seventy-five (75) hours in a pay period.
36
FOR WCHOB CLERICAL BARGAINING UNIT:
Section 1. A full-time employee is defined as an employee who is regularly scheduled to
work:
a.) thirty-seven and one-half (37.5) hours in a work week (or seventy-five (75) hours
in a pay period) for employees working eight (8) hour shifts;
b.) thirty-four and one-half (34.5) hours in a work week (or sixty-nine (69) hours in a
pay period) for employees working twelve (12) hour shifts;
Section 2. A part-time employee is defined as one who is regularly scheduled to work at
least thirty-seven and one-half (37.5) hours in a pay period but less than seventy-five (75) in a
pay period.
FOR BGH SERVICE BARGAINING UNIT:
Section 1.
a.) A full-time employee is defined as an employee who is regularly scheduled to
work thirty-seven and one-half (37.5) hours in a work week (or seventy-five (75)
hours in a pay period) for employees working eight (8) hour shifts,
c.) thirty-four and one-half (34 ½) hours in a work week (or sixty-nine (69) hours in a
pay period) for employees working twelve (12) hour shifts;
Section 2. A part-time employee is defined as one who is regularly scheduled to work at
least thirty-seven and one-half (37.5) hours but less than seventy-five (75) in a pay period
FOR MFH SERVICE AND MAINTENANCE BARGAINING UNIT:
Section 1. A full-time employee is defined as an employee who is regularly scheduled to
work:
a.) thirty-seven and one-half (37.5) hours in a work week (or seventy-five (75) hours
in a pay period) for employees working eight (8) hour shifts;
b.) thirty-seven and one-half (37.5) hours in a work week (or seventy-five (75) hours
in a pay period) for employees working thirteen (13) hour shifts,
c.) thirty-six (36) hours in a work week (or seventy-two (72) hours in a pay period)
for employees working twelve and one-half (12 1/2) hour shifts;
d.) thirty-four and one-half (34 ½) hours in a work week (or sixty-nine (69) hours in a
pay period) for employees working twelve (12) hour shifts;
37
e.) full-time Shift Engineers shall work forty (40) hours in a work week inclusive of a
paid half hour lunch period.
Section 2.
a.) A part-time employee is defined as one who is regularly scheduled to work at
least thirty-seven and one-half (37.5) hours but less than seventy-five (75) in a
pay period
b.) In the Dietary Department only, a part-time employee is defined as one who is
regularly scheduled to work at least twenty-four (24) but less than seventy-five
(75) hours per pay period. The Employer agrees that part time positions where
employees are working thirty-seven and one-half (37.5) hours per pay period will
not be eliminated in favor of part-time positions where employees are working
twenty-four (24) hours per pay period. Further, it is understood that should a
twenty-four (24) hour per pay period position become vacant it shall be replaced
by a similar position.
FOR IUOE MAINTENANCE BARGAINING UNIT:
Section 1. A full-time employee is defined as one who is regularly scheduled to work thirty-
seven and one-half (37.5) hours in a work week (or seventy-five hours in a pay period). A full-
time employee in the job title of Stationary Engineer shall work and be paid eight (8) hours per
shift (eighty (80) hours per pay period).
Section 2. A part-time employee is defined as one who is regularly scheduled to work less
than thirty-seven and one-half (37.5) hours but fifteen (15) or more hours in a work week (or
thirty (30) hours in a pay period).
FOR ALL BARGAINING UNITS:
Section 1. A flexible employee is defined as one who is scheduled as per Article 11, of
this Agreement, Flexible Employees.
Section 2. A per diem employee is defined as one who is scheduled as per Article 12
of this Agreement, Per Diem Employees.
Section 3. A temporary employee is defined as one who is scheduled as per Article
13 of this Agreement, Temporary Employees.
Section 4. A weekend employee is defined as one who is scheduled as per Article 14
of this Agreement, Weekend Employees.
Section 5. A seasonal employee is defined as one who is scheduled as per MOU # 9
of this Agreement, Seasonal Employee.
38
Article 10
Dual Status Employees
Section 1. Effective upon the ratification of this Agreement, employees covered by this
Agreement will not be eligible to become dual status employees. Current dual status employees
will be grandfathered in both of their dual status positions for the life of this Agreement.
Employee’s that hold more than two (2) dual status positions must decide which two (2)
positions they wish to retain and resign from all others.
Section 2. Dual status employees, covered by this Agreement, will be defined as employees
who hold no more than two (2) positions within the Kaleida Health system.
Section 3. The Employer shall provide the Unions with a list of all dual status employees on
a quarterly basis.
Section 4. Dual status employees are entitled to all of the benefits outlined in this Agreement
based upon the total FTE worked (i.e., .5 position + .5 position = 1.0 FTE for benefit purposes).
a.) Dual status employees will receive their benefits under the plan at the site where
they are regularly scheduled to work the most hours per pay period excluding per
diem hours.
b.) If the dual status employee’s non per diem hours are equal in both positions, then
he or she must select which plan he or she wishes to govern benefits within thirty
(30) calendar days of notification by the Employer requesting selection.
c.) An employee who holds two (2) per diem positions as a dual status employee is
not eligible for benefits.
Section 5. If a dual status employee is terminated at one (1) Employer site or from one (1)
job title with the Employer, as the result of a time and attendance infraction or the inability to
perform one (1) of the jobs, the employee may continue to be employed by Kaleida Health in the
second job title or at the second site if their performance in the second job is satisfactory.
Article 11
Flexible Employees
Section 1. A flexible employee is one who is hired and scheduled for full-time hours and
will be considered full-time for the purpose of benefit calculations. The utilization of flexible
employees permits a supervisor to respond to variations in workload created by decreases in
census and/or acuity.
Section 2. A flexible employee shall be scheduled for full-time hours but will not be flexed
below a half (0.5) FTE per pay period.
39
Section 3. All flex positions will be posted and filled as per Article 53, Job Bidding and
Transfers.
Section 4. All flex positions created as a result of this Agreement will be new FTEs. Full-
time and part-time filled positions and full-time vacant positions will not be used to create flex
positions. Part-time vacant positions will be presented to the Job Security Committee for
discussion prior to conversion. The number of flex positions will not exceed seven and one-half
percent (7.5%) of the total bargaining unit. The union and the employer agree to continue to
meet in the Site Job Security Meetings to discuss where flex positions will be created.
Section 5. A flexible employee is considered as full-time for all benefit calculations.
However, in all cases, the terms of the Retirement Plan shall prevail.
Section 6. If it becomes necessary to temporarily reduce the number of employees in a
particular department/unit, the reduction will be completed pursuant to Article 18 Temporary
Downsizing in the bargaining unit agreement.
Section 7. Once the downsizing process has been exhausted and there is a need to decrease
staffing through flexing, flexible employees will be notified a minimum of one (1) hour prior to
the start of his/her shift.
Section 8. If a flexible employee is cancelled more than eight (8) hours prior to the start of
his/her shift, he/she will have no further obligation to be available as set forth in Sections 11. or
12. below.
Section 9. If a flexible employee reports to work and is cancelled prior to accepting a work
assignment, he/she will have no further obligation to be available as set forth in Sections 11. or
12. below.
Section 10. When there is a need to temporarily downsize staff who are already on premises,
the manager/supervisor responsible for that area will determine if there is a need for staffing in
other work areas, and if so, reassign staff, pursuant to the appropriate Article on Floating.
Flexible employees shall be guaranteed four (4) hours of work once his/her assignment has been
initiated.
Section 11. The flexible employee who works ten (10) hours or less will be available to be
called into work within the first two (2) hours of the canceled shift, as long as such need starts
within the same two (2) hours. If the need for additional staffing arises after the first two (2)
hours, it is agreed and understood that the Employer may contact the flexible employee;
however, the flexible employee has no obligation to report to work.
Section 12. The flexible employee who works greater than ten (10) hour shifts will be
available to be called into work within the first four (4) hours for the canceled shift, as long as
such needs starts within the same four (4) hours. If the need for additional staffing arises after
the first four (4) hours, it is agreed and understood that the Employer may contact the flexible
employee; however, the flexible employee has no obligation to report to work.
40
Section 13. Once the appropriate downsizing language has been implemented and it is
determined that a flexible employee’s work shift must be canceled or the flexible employee
works a partial shift, the flexible employee may take excused absence time off without pay or
may utilize available PTO.
Section 14. Flexible employees who are downsized may volunteer to work at other sites to
provide assistance in staffing problems caused by planned or unplanned absences, census
fluctuation or special project needs. Any flexible employee who has volunteered to work at
another site will:
a.) remain a member of his/her bargaining unit and will be covered by the terms and
conditions of his/her contract;
b.) receive a site specific orientation at the new site;
c.) be held harmless from any additional costs for parking; and
d.) must meet the basic core competencies for the work to be performed at the
receiving site.
Section 15. The utilization of flexible employees will be placed on the Agenda for the
appropriate Job Security or Labor Management Committee on a quarterly basis. The parties
agree that the following statistics will be reviewed:
a.) the number of flexible employees by job title and the number of hours worked
year to date;
b.) the number of times the employee has been sent home using excused absence
time without pay or has used PTO to supplement his/her pay check; and
c.) whether the number of flexible employees is appropriate for the patient volume
and acuity fluctuations.
Article 12
Per Diem Employees
Section 1. A per diem employee is one that works on a day-to-day basis in accordance with
the provisions of this article. Per diem employees will not be guaranteed to work a specific
number of hours or a specific number of shifts per time block.
Section 2. When a per diem position in a bargaining unit is vacant, it must be posted and
filled in accordance with Article 53, Job Bidding and Transfers, before it can be offered to an
external candidate.
41
a.) For clinical positions, internal applicants must have been employed in the same
job title as the per diem position for which they are applying or in a comparable
area of practice. Internal and External applicants must have a minimum of one
(1) continuous year of comparable work experience within two (2) years of the
time the per diem job is posted. All applicants will be required to satisfy all
orientation/probationary requirements.
b.) For non-clinical positions, internal and external applicants must have the core
competencies and sufficient work experience to perform in the per diem position
for which they are applying.
Section 3. Per diem employees will have seniority as defined in Article 50, Seniority.
Section 4. Orientation:
a.) Orientation requirements will be determined by the appropriate manager/
department. Any mandatory requirements must be met within two (2) months
from date of transfer/hire.
b.) Per diem employees will be required to attend other mandatory in-service
programs in accordance with Employer policy. Per diem employees will be
reimbursed for attendance at non-mandatory in-service programs during their
scheduled work hours. Failure to meet mandatory credentialing and/or orientation
requirements within sixty (60) days of offering will result in a letter advising them
they have thirty (30) days to meet such requirements. Failure to meet the thirty
(30) day requirement within two (2) weeks or next scheduled in-service will result
in termination. It is understood that until the requirements are met, the per diem
employee will not be scheduled to work.
Section 5. Per diem employees will not be used to permanently replace regular employees.
Per diem employees are required to work three (3) shifts per time block, based upon the staffing
needs of the department and as outlined below:
a.) When scheduled for the required three (3) shifts per time block, per diem
employees will be scheduled to work the same shift duration as the employees in
the unit/department.
b.) If the needs of the department require the scheduling of per diem employees at
peak work hours, and that duration is shorter than the regularly scheduled shift,
the per diem employee may work the shorter shift, but will not be scheduled to
work less than twenty-four (24) hours in a time block.
c.) Per diem employees will be hired to work variable shifts, but may also be hired to
work exclusive evening or night shifts based upon the needs of the
unit/department.
42
Section 6. Per diem employees will be scheduled as follows:
a.) Per diem employees will submit their time requests as per Article 15, Hours of
Work and Work Schedules. Per diem time requests will be considered after the
requests of full-time and part-time employees. The Employer will make a
reasonable effort to accommodate these requests.
b.) Where employees have weekend work requirements, per diem employees will be
scheduled to work at least two (2) weekend shifts per time block. Per diem
employees will not be scheduled to work more than two (2) weekend shifts per
time block unless they volunteer to do so.
c.) Per diem employees shall give the Employer at least four (4) hours’ notice for
cancellation of any given shift. When a per diem employee does not meet their
work requirement, on two (2) occurrences, a written warning will be issued after
the second occurrence. If a per diem employee does not meet his/her work
requirement for the third occurrence within a twelve (12) month period, from the
date of the first occurrence, the employee will be terminated.
d.) A per diem employee will not be scheduled to work more than eight (8) shifts per
time block except to cover absences which are related to disabilities, workers’
compensation, leaves of absence, when the per diem employee is willing to accept
the shift and hours of the employee who is on leave.
e.) The number of per diem employees in each bargaining unit will be limited to ten
percent (10%) of said unit. Where the number exceeds ten percent (10%), the Site
Staffing Committee will develop a plan to reduce the number to ten percent
(10%).
f.) The Employer shall give per diem employees at least one (1) hour notice of
cancellation of services for any scheduled shift. Failure to provide appropriate
notice will result in one (1) hour of pay. It is understood that any time a per diem
employee is called in for work or has reported to work for a scheduled shift, that
employee will be guaranteed four (4) hours work.
Section 7. Benefits:
a.) Per diem employees are not entitled to paid time off;
b.) Per diem employees shall continue at the pay step they leave as a regular
employee. External applicants shall be hired and shall receive step increases as
per Article 23, Salaries. Per diem employees shall receive step increases as per
Article 23, Salaries, as well as negotiated wage increases;
c.) Overtime provisions negotiated shall also apply to per diems;
43
d.) All differentials shall be paid if applicable;
e.) Per diem employees shall be able to participate in any Employer group medical
insurance plan that permits the enrollment of per diem employees. However, the
Employer shall not be required to pay any part of the per diem employee’s
premium;
f.) Per diem employees shall be eligible for the Retirement Plan in accordance with
the provisions of each plan;
g.) Per diem employees are entitled to Workers’ Compensation and New York
Disability benefits;
h.) Any extended sick bank time accrued as a full-time or part-time employee shall
be retained for the duration of their employment;
i.) If a per diem employee changes status to a full-time or part-time status, the
employee shall begin to earn accrual of all benefit time (paid time off) based on
their years of continuous employment from their original date of hire;
j.) Per diem employees shall be entitled to all Employer discounts (i.e., hospital
discounts).
Section 8. Employees who transfer to a per diem position shall not lose any paid time off,
earned prior to the transfer. The employee shall be paid all accrued, unused paid time off.
Article 13
Temporary Employees
Section 1. A temporary employee is an employee hired from outside of Kaleida Health, for a
specific job of limited duration not exceeding six (6) months. It is understood, however, that
circumstances may exist which require an extension of up to three (3) months. At the expiration
of the six (6) month limit, or any extension thereof, the Employer will be required to either delete
the temporary position or post it in accordance with Section 5. below.
Section 2. Temporary employees will not be utilized to do bargaining unit work which can
be performed by available laid off employees.
Section 3. Temporary employees will not be considered members of the bargaining units and
will not be entitled to the protections provided for by this Agreement. Temporary employees are
not entitled to benefits.
Section 4. If a temporary employee is selected to fill a permanent position, the employee’s
original date of hire will be maintained. The temporary employee must complete a full
probationary period. The probationary period will be determined according to the temporary
44
employee’s original date of hire and the time actually worked in the temporary position, not to
exceed ninety (90) days. If a temporary employee is selected to fill a permanent position other
than the position worked while in a temporary status and the probationary period has been
worked, the employee will serve a trial period as per Article 53, Job Bidding and Transfers.
Section 5. If the Employer desires to permanently fill a position that has been filled by a
temporary employee, the position shall be posted and filled through the normal process as
outlined in Article 53, Job Bidding and Transfers.
Article 14
Weekend Employees
Section 1. A weekend employee is an employee hired to work a minimum of twenty-four
(24) hours per week on weekend shifts only. Weekend employees may be scheduled to work on
the established weekend in the unit/department as follows:
a.) up to thirteen (13) hour shifts every Friday and Saturday or every Saturday and
Sunday; and
b.) eight (8) hour shifts every Friday, Saturday and Sunday or every Saturday,
Sunday and Monday consecutively.
Section 2. Weekend employees will be paid a premium rate of one and three tenths (1.3)
times the base hourly rate for all hours worked on the weekend.
Section 3. Shift differential will be paid in accordance with the terms of Article 20, Shift
Differential.
Section 4. Weekend employees will be entitled to the same benefits as part-time employees.
Section 5. Weekend employees will earn PTO for all hours worked in accordance with the
terms for part-time employees. A weekend employee may schedule a maximum of eight (8)
weekend shifts of PTO per calendar year. PTO utilized during weekend shifts will be paid at the
one and three tenths (1.3) premium rate. An employee who accrues more PTO than can be
utilized during a calendar year (i.e., eight (8) weekend shifts) must utilize such excess PTO hours
during non-weekend days. All PTO utilized during non-weekend days will be paid at the
employee’s base rate. If the employee has accrued, unused PTO at the end of the benefit year,
the PTO will be bought out as outlined in Article 26.
Section 6. If a weekend employee works extra hours during the week, he/she will be paid at
his/her base rate of pay plus any applicable overtime payment based on that rate.
Section 7. When a holiday falls on a weekend, the weekend employee will be paid the
holiday premium in addition to their weekend premium.
45
Article 15
Hours of Work and Work Schedules
Section 1. The work week for all employees covered by this Agreement will begin at 12:00
am on Sunday each week and end the following Saturday at 11:59 pm.
Section 2. The regular work shifts shall be:
a.) The regular work shifts for employees working three (3), extended shifts will be:
Day Shift: majority of hours scheduled, inclusive of a one-half (½)
hour unpaid meal period between 6:00 am to 7:00 pm;
Evening Shift: majority of hours scheduled, inclusive of a one-half (½)
hour unpaid meal period between 10:00 am to 11:00 pm;
Night Shift: majority of hours scheduled, inclusive of a one-half (½)
hour unpaid meal period between 6:00 pm to 7:00 am.
b.) The regular work shifts for employees working four (4), ten (10) hour shifts will
be:
Day Shift: majority of hours scheduled, inclusive of a one-half (½)
hour unpaid meal period between 7:00 am to 5:00 pm;
Evening Shift: majority of hours scheduled, inclusive of a one-half (½)
hour unpaid meal period between 1:00 pm to 11:00 pm;
Night Shift: majority of hours scheduled, inclusive of a one-half (½)
hour unpaid meal period between 10:00 pm to 8:00 am.
c.) The regular work shifts for employees working five (5), eight (8) hour shifts shall
be:
Day Shift: majority of hours scheduled, inclusive of a one-half (½)
hour unpaid meal period between 7:00 am to 3:00 pm;
Evening Shift: majority of hours scheduled, inclusive of a one-half (½)
hour unpaid meal period between 3:00 pm to 11:00 pm;
Night Shift: majority of hours scheduled, inclusive of a one-half (½)
hour unpaid meal period between 11:00 pm to 7:00 am.
Any current exceptions to the above shift durations will be maintained. Any new or future
exceptions will need to be negotiated with the Unions.
Section 3. Should it be necessary to make a change in the scheduling method or starting and
ending times in any department, the Employer will produce a suggested change in writing at least
thirty (30) calendar days prior to its proposed implementation and give the Union an opportunity
to write and present a proposal for discussion regarding the change prior to the date of
implementation.
46
Section 4. Work schedules must be posted at least two (2) weeks in advance of time the
employee is expected to work. A hard copy of the original schedule will be posted and will be
made available to employees upon request. Work schedules may not be changed without the
knowledge and agreement of the responsible manager and the affected employee. However, in
extreme emergencies it is understood that an employee may have to have his/her schedule
changed.
Section 5. Employees that are scheduled in an alternate pattern of shifts per pay period
(three-two; two-one) will not have their pattern changed without their consent.
Section 6. Time requests shall be made at least four (4) weeks in advance of the time block
on a form provided by the Employer. A time block will be defined as four (4) consecutive
weeks. The approval or disapproval of these requests shall be included in the posted schedule.
Approval of time requests will be distributed as evenly as possible except that the Licensed
Practical Nurses and Registered Nurses at WCHOB will have their time requests granted in
seniority order.
Should a conflict arise between a request for PTO and a request for a day off, the request for
PTO will take preference.
Section 7. Special time requests for a day off shall be submitted to the responsible manager.
A manager will reply indicating approval or denial within two (2) weeks of the request. Failure
of the manager to reply within two (2) weeks indicates approval of the time request. A special
time request is one that:
a.) must be made prior to the time frames required in the contract for a regular time
request;
b.) requires approval or denial prior to the posting of the time block that will include
the date requested;
c.) is for circumstances that are of a “special” nature.
A special time request can be for a PTO day or for a day off (long day). Examples of a
special time request include but are not limited to:
a.) a request submitted in January for your child’s wedding in June;
b.) a request submitted in February for your child’s college graduation in May;
c.) a request submitted in March for your parent’s 50
th
Wedding Anniversary in
September.
Section 8. When time requests are submitted after the time frame(s) outlined in Section 6.
above, the employee is responsible for finding his/her own replacement. An individual
employee’s request to change his/her schedule shall be presented in writing, on a form, to the
immediate supervisor. The form must be submitted to the immediate supervisor/department
manager, signed by both employees affected, prior to the schedule change. When the above
steps have been completed, the time change will be approved providing it does not result in an
overtime situation.
47
Section 9. Extra shifts will be defined as an opening that exists on a pre-posted schedule,
once all employees are scheduled the hours appropriate to their status and all per diem
employees are scheduled to fulfill their requirement. Extra shifts will be equally distributed
within the individual unit/department at a site, beginning with the most senior employee, to
employees who have requested extra time and as follows:
a.) a part-time or full-time employee who can work extra hours without incurring
overtime;
b.) a per diem employee who can work extra hours without incurring overtime; (per
diem employees may be scheduled up to eight (8) shifts max per time block
except as provided in Article 12, section 6d).
c.) full-time employees who will incur overtime, in seniority order on a rotating basis
(wheel).
Section 10. All extra shifts will be clearly marked on the schedule. In long term care facilities
extra shifts will be posted by hours needed per job classification with no specified department or
unit. Once the schedule is posted, open shifts remaining will be posted on a needs list and filled
by eligible employees beginning with the most senior employee in the individual unit/department
in the same job title first and then by employees in any covered bargaining unit in the following
order:
a.) a part-time or full-time employee who has signed up on the needs list for the unit
and who can work extra hours without incurring overtime;
b.) a per diem employee who has signed up on the needs list for the unit and who can
work extra hours without incurring overtime; and
c.) employees who have signed up on the needs list for the unit and who will incur
overtime in seniority order on a rotating basis (wheel).
After the openings have been posted one (1) week, and the process in Section 9. and Section 10.
have been completed, openings may be filled by any means available to the Employer.
Section 11. If staff shortages occur on a shift to shift basis, the following will occur:
a.) utilize float pool employees in the same job title if available;
b.) offer the time to employees who have signed up on the availability list for the
unit/department and who are in the job title and the same cost center in order of
seniority on a rotating basis, who are not eligible for overtime;
c.) offer overtime to employees who have signed up on the availability list for the
unit/department and who are in the job title and the same cost center, in order of
seniority on a rotating basis;
48
d.) In instances of a PTU or same day intermittent FMLA only, the employer may
utilize floated employees in the same job title from departments subject to
floating. Refer to Article 19, MOU # 26, and MOU # 30.
e.) offer extra time and then overtime to employees in the job title from the
remainder of the bargaining unit at that site, in order of seniority who have signed
up on the availability list for the unit and who meet the competencies of that area;
f.) offer extra time and then overtime to qualified employees in a different job title
but within the bargaining unit at that site who have signed up on the availability
list for the unit and who meet the competencies of the area; and
g.) if all the above avenues have been exhausted, the vacancies will be filled by the
most expedient means available including use of agency personnel or managers, if
necessary.
For the purposes of this section, school health services will be considered one (1)
unit/department.
Section 12. Unless mutually agreed upon by the Employer and an employee:
a.) an eight (8) hour shift employee will not be required to work more than five (5)
consecutive days;
b.) the Employer will make its best effort not to schedule an eight (8) hour shift
employee to work more than four (4) consecutive days if they fulfill their
weekend requirement:
c.) a ten (10) hour shift employee will not be required to work more than four (4)
consecutive days;
d.) an extended shift employee will not be required to work more than two (2)
consecutive days; and
e.) any employee scheduled to work less than an eight (8) hour shift will not be
required to work more than five (5) consecutive days.
Section 13. Employees shall not be scheduled to work more than one-half (½) of the weekend
shifts in any time block except when scheduled to make-up a weekend shift. Employees will be
scheduled to make-up a weekend shift when they call-in PTU on a scheduled weekend shift.
Weekend make-up will be scheduled within two (2) time blocks of the call-in. All issues relative
to the scheduling of weekend work shall be governed by Article 16, Weekend Work.
Section 14. Break and meal periods will be scheduled as follows:
49
a.) Each employee shall be given a fifteen (15) minute rest period, with pay, at a
natural break point in work operations near the mid-point of the first one-half of
their shift and the second one-half (½) of their shift for employees working eight
(8) or ten (10) hour shifts. Employees working extended shifts shall have an
additional fifteen (15) minute rest period.
b.) Each employee that works a four (4) hour shift will be entitled to one fifteen (15)
minute rest period
c.) Each employee who works a shift in excess of six (6) hours must receive a thirty
(30) minute uninterrupted meal period. The only exception is a single person
shift.
d.) Each employee shall have a thirty (30) minute break at the mid-point of their shift
for lunch. It is understood by the parties that the fifteen (15) minute rest period(s)
may be added to the lunch break, or combined into a single break, by the mutual
agreement of the Employer and the employee. Except that employees who begin
working before 11:00 am and work past 7:00 pm must receive a meal period of
twenty (20) minutes between 5:00 pm and 7:00 pm. This period will be inclusive
of one of the fifteen (15) minute rest periods and an additional five (5) minutes of
paid time.
e.) Employees must notify their supervisor if available when they are unable to take a
meal break, except where the employee’s position does not allow them to leave
their work site. Employees will be paid for missed lunch breaks.
f.) An employee who, is the only employee scheduled in a department, regardless of
his/her shift duration, and is either unable to take a meal period, or is called back
from his/her scheduled meal period, or any employee that is called back from
his/her lunch shall be entitled to take a full thirty (30) minute uninterrupted meal
period within the specified time frames. If not, the employee shall fill out an
exception log entry and will be paid the entire thirty (30) minutes.
Section 15. Time worked shall be recorded by an automated time system, at the Employer’s
option.
Section 16. All departments will have the option of establishing extended shifts for a
department or cost center, with the mutual agreement of the majority of the affected employees
in the department and the Employer. If a decision is made to establish a special shift:
a.) the Union and the Employer will meet to negotiate the terms of the new
shift;
b.) the new shift will be trialed for a period not to exceed four (4) months;
c.) the Union and the Employer will meet at the end of the trial period to
50
review:
(1.) any change(s) which need to be made;
(2.) if the trialed shift will become permanent.
If the Employer determines at any point that an extended shift will be eliminated in a cost center
or department, the Union will be provided with a forty-five (45) day notice for the purpose of
discussing the conversion of these staff members back to a eight (8) hour work day when the
shift is eliminated.
Section 17. Any decrease in the length of a shift must be presented to the job security
committee for review upon thirty (30) days’ notice to the Union before implementation.
Article 16
Weekend Work
Section 1. Weekend work commitments will be defined as no more than:
a.) every other weekend (or no more than one-half [1/2] of the weekend shifts in any
time block) for employees scheduled to work eight (8) hours or less;
b.) every third weekend (or no more than three (3) weekend shifts per time block) for
employees scheduled to work greater than eight (8) hour shifts.
Current practices regarding scheduling of ten (10) hour shifts on weekends will continue.
Section 2. For employees working the day or evening shifts, weekend shifts are
defined as those where the start times are on a Saturday or Sunday.
Section 3. For employees working the night shift, weekend shifts are defined as those
where the start times are on either a Friday and Saturday or Saturday and Sunday.
Selection of the weekend commitment will be determined on a unit by unit basis by a
majority of the employees working in the department on the shift. The determination of the
weekend cannot be changed more than once per year.
Section 4. Employees will be scheduled to make-up a weekend shift when they call-
in PTU on a scheduled weekend shift. Weekend make-up will be scheduled within two (2) time
blocks of the call-in.
Section 5. If an employee is rotated to a night shift on a Friday, that shift shall be
counted as a weekend shift worked toward the weekend commitment.
Section 6. It is agreed to and understood by the parties that the current scheduling
practice that exists at each site, related to employee assignment to a specific weekend
schedule, will remain in effect.
51
Section 7. If the number of staff scheduled on a weekend shift exceeds the
requirements for the unit/department, additional weekend time off will be evenly distributed on a
rotating basis among all employees. At WCHOB additional weekend time off will be granted
initially by written request. If no such requests have been made, time off will be offered by
seniority if that employee is available and agrees to be scheduled an alternate day during the
week.
Section 8. For the WCHOB RNs and LPNS: In the event that a holiday falls on a
weekend requiring an employee to be scheduled outside of his/her normal weekend
rotation, another weekend day, either before or after the holiday will be granted off. The
employee may request the alternate weekend date to be granted.
In the event an employee is scheduled for a holiday off on his/her regular weekend to
work, the employee will be scheduled to work another weekend day either before or after
the holiday.
Article 17
Shift Rotation
Section 1. The Employer and the Union agree that shift rotation is not the preferred method
to schedule employees. Shift rotation shall occur only after all other reasonable alternatives have
been exhausted. Full-time and part-time day shift employees, who are employed in a cost center
or unit that has scheduled shift work, may be rotated to meet unforeseen staffing needs. Evening
and night shift employees will not be required to rotate shifts.
Section 2. If shift rotation is required it will be assigned as follows:
a.) request volunteers;
b.) offer extra hours without incurring overtime by seniority;
c.) the least senior employee from among non-probationary employees in the same
cost center or unit.
Section 3. No employee shall be assigned to work more than two (2) different shifts
(day/evening or day/night) in any four (4) week time period. Employees who rotate shifts will
have a minimum of twenty-four (24) hours off before returning to their scheduled shift.
Employees working extended shifts who rotate to the night shift, shall have forty-eight (48)
hours off before returning to the day shift, unless otherwise mutually agreed upon.
Section 4. All attempts will be made not to rotate employees to an off shift if such rotation
creates a hole on the day shift.
Section 5. Employees shall not be assigned to rotate to an alternate shift on a holiday unless
mutually agreed upon by both the employee and the Employer.
52
Section 6. Certain current positions regularly rotate shifts and shall continue pursuant to past
practice as noted in MOU #11 entitled Rotating Positions.
Section 7. The current practice for shift rotation for the BGH RN and TCC bargaining units
will be addressed in MOU #17 entitled Buffalo General Hospital RN and TCC Shift Rotation.
Article 18
Temporary Downsizing
Section 1. The Employer and the Union recognize the need for a system to
temporarily downsize the staff if the census/workload drops in an area of the facilities
where members covered by this Agreement are employed. No employee will be required
to be downsized for any hours lower than the full-time equivalent (FTE) he/she was hired
for.
Section 2. Floating (under Article 15, Section 11 (d)) may occur prior to downsizing only in
instances of a PTU or same day intermittent FMLA. As stipulated under Article 19, Section 6,
floating is also governed by MOU #s 26 and 30.
Section 3. In departments with variable staffing the Employer will not downsize staff or
utilize the downsizing process outlined in Section 3. below, until two (2) hours prior to the start
of a shift. The Employer will not downsize staff below the staffing grid after the start of the shift.
Section 4. The Employer will contact bargaining unit members at least one (1) hour
prior to the start of the shift if they are to be downsized. If the Employer fails to provide
the one (1) hour downsizing notice required in this article, affected employees will be
utilized to work or paid at least four (4) hours of pay at the appropriate rate.
Section 5. If it becomes necessary to temporarily reduce the number of employees in
a particular department or unit, the reduction will be completed as outlined below:
a.) any scheduled agency, travel, temporary (non-union) personnel in the affected
area will be canceled or floated;
b.) any scheduled overtime (time paid at time and one-half) will be canceled in
inverse order of seniority;
c.) any employee who was previously denied a PTO request will be offered PTO
next, in order of seniority;
d.) volunteers will be offered paid time off in order of seniority on a rotating basis
(wheel);
e.) volunteers will be offered excused absence time without pay in order of
seniority on a rotating basis (wheel);
53
f.) per diem time in excess of commitment days will be canceled in inverse order of
seniority;
g.) any scheduled hours in excess of an employee's normal work week (i.e.: part-time
employees in excess of the minimum weekly hours for which they were hired) as
denoted on the employee's schedule, will be canceled in inverse order of seniority
and such employees may use accrued Paid Time Off;
h.) per diem employees who are scheduled their minimum requirement will be
canceled in inverse order of seniority;
i.) flexible employees will be flexed down per Article 11 of this Agreement. If more
than one (1) flexible employee works on a unit/department, employees will be
flexed down in inverse order of seniority.
It is understood that if the steps a.) - i.) above do not result in appropriate downsizing,
floating, if practicable, will be done as per Article 19 Floating.
As it relates to paragraphs d.) and e.) above volunteers from the WCHOB Registered Nurse,
Licensed Practical Nurse and Technical bargaining units, will be offered paid time off and
excused absence time in seniority order.
Section 6. In long term care facilities employees will not be downsized if there are
understaffed units.
Section 7. At DeGraff Memorial Hospital the acute care facility and the skilled nursing
facility will be treated as separate entities for the purpose of downsizing.
Section 8. Downsizing will not affect IUOE employees.
Article 19
Floating
Section 1. The floating of personnel from unit to unit, within a facility/site, with the
exception of employees that are hired into a float pool, is an undesirable method for
staffing a unit or department as it relates to both the quality of patient care and employee
satisfaction. Floating will only occur in situations when inadequate staffing is unanticipated and
could lead to unsafe practice situations.
Section 2. Before floating occurs the process outlined in Article 15, Hours of Work and
Work Schedules, Section 11 shall be followed. Excluding long term care facilities and clinics,
54
employees floated to another unit under the provisions of this article shall be entitled to a two
dollar per hour ($2.00/hour) differential for all hours worked regardless of the number of hours
floated. At HighPointe, any employee of the nursing staff floated to Delaware Park or Peds will
be paid the $2.00 differential.
Section 3. The Employer will not double schedule a position for the sole purpose of
floating one of the scheduled employees out of the unit.
Section 4. When an employee is floated to another unit, the Employer will be held
accountable for the provision of the appropriate and timely orientation/training of staff
floated to the new unit and to familiarize such employee with the items covered in the
department orientation check list. In addition the Employer shall identify a reference or resource
person.
Section 5. Employees will only be floated to units/departments where there is a
similar patient care or job responsibility. It is understood that an employee will not be given the
sole accountability for a patient and/or assignment if floated to a unit which is outside of his/her
area of practice. Staff who float will work to their level of competence. An employee may
exercise the option to complete floating competencies in any area outside of their area of
practice.
Section 6. The WCHOB RNs, LPNs, NPs and PAs have a very detailed grid and
are not required to float outside of the grid structure. The RNs at BGMC, MFS, and DMH, and
Surgical Techs at BGMC will be governed by MOU # 30 Adult Site RN/Surgical Technologist
Floating Grid. The grids can only be changed by the mutual consent of the Employer and the
Union. The parties agree to continue with both the grid and the practice.
Section 7. Each unit will develop a list of per diem employees and a list of regular
employees assigned to the unit, in inverse order of seniority, for the purpose of tracking
employee floating. Once an employee has been floated to another unit and has started
his/her work assignment, that shift will be credited to the employee and will be considered a
floated shift.
Section 8. If floating is required, it will be done as follows:
a.) an employee from a float pool will float first;
b.) in the event agency/travel personnel are scheduled to work a particular shift they
will be required to float next, provided that all competencies for patient care have
been met;
c.) volunteers will be floated next with the understanding that if an employee
volunteers to float, it shall be credited to that employee, and he/she shall not be
required to float when the duty rotates to him/her;
55
d.) per diem employees will be floated next;
e.) an employee who is working an extra shift or overtime;
f.) the least senior employee with less than fifteen (15) years seniority will float next,
with subsequent floating being assigned until all employees in that category have
been floated. In a department where all employees have fifteen (15) years of
seniority or greater, on the date that floating is to occur, the least senior employee
will float with subsequent floating being assigned until all employees have been
floated.
Section 9. An employee that floats from his/her assigned unit will not be required to
be in charge or assigned to be lead unless:
a.) the employee has been oriented to the position on that unit/department; and
b.) the remaining staff are not able to perform the duties of the charge
position.
Section 10. Employees will not be required to float more than once per shift.
Section 11. If an employee is floated and that employee is no longer needed, he/she
will return to his/her unit. If the staffing requirements on the unit to which an employee
is floated, are reduced during the shift, and there is no need for the employee on his/her
home unit, the floated employee has first option to be voluntarily downsized.
Section 12. In the event that more than one (1) employee is required to float to another
unit, choice of unit to float to will be offered in seniority order.
Section 13. An employee will be excused from floating on the date that floating is to
occur when:
a.) the employee is in orientation (training);
b.) the employee is precepting/training another employee or student;
c.) the employee is in the first month from the date of orientation completion;
d.) is scheduled to attend an educational or committee meeting;
e.) the employee is running the ECMO pump or is assigned on the STAT Team;
f.) WCHOB RNs, LPNs, NPs and PAs who are required or volunteer to report to
work early.
g.) the employee is a newly graduated RN or LPN. (‘Newly graduated’ shall mean
the degree necessary for the job title was conferred in the twelve (12) months
prior to hire. Once an employee has been hired as a newly graduated RN or LPN,
they shall retain this designation for a period of six (6) months after successful
completion of orientation, exclusive of periods of inactive status.)
Any employee who transfers into a critical care area at WCHOB without prior critical
care competencies will not be required to float within the first six (6) months from the
56
transfer date.
Section 14. Long Term Care Facilities: Employees who have picked up an extra shift on a
particular unit following the posting of the approved schedule, and are no longer needed on that
unit, but are needed somewhere else in the facility due to critical staffing needs will be floated to
the unit which is experiencing a critical staffing need. If there is no critical staffing need, an
employee will be offered the option to either cancel the extra shift or agree to float.
Any employee who opts to cancel his/her extra shift in Section 14 above will not be charged
with a PTU day. The parties agree critical staffing shall be defined as staffing levels that fall
below the posted staffing grids.
Section 15. The Employer will not float employees on a major holiday.
Section 16. In the DMH Maintenance bargaining unit, there is no floating required.
Article 20
Shift Differential
Section 1. Shift differential will be paid to all employees for hours worked on a premium
shift (evening and night shifts) in accordance with the provisions of this Article.
Section 2. Shift differential will be used in the computation of overtime.
Section 3. For employees who are hired to work an evening or night shift, shift differential
will be applied to all time that employee is scheduled off with pay.
Section 4. Evening and night shift differential will be paid for all evening and night shifts as
outlined in Article 15, Section 2. Shift differential will be paid for all hours worked on that shift.
Section 5. Shift differential will be paid for an eight (8) hour shift, when four (4) or more
hours are scheduled on a premium shift. Shift differential will be paid for all hours worked on
that shift.
Section 6. For the BGH RN and TCC Bargaining Units: Shift differential will be paid only
when an employee works at least four (4) hours of a premium shift. Differential payment will be
paid for all hours worked on that shift, at the appropriate rate for that shift.
Section 7. An employee who is authorized to work past the end of his/her shift or is called
into work on a premium shift, will receive shift differential for all hours worked on the premium
shift.
Section 8. An employee who works the night shift, and who is authorized to work into the
day shift, will get shift differential for all hours worked.
57
Section 9. There shall be no pyramiding of shift differential.
Section 10. Shift differential premiums shall be as defined in Article 23, Salaries.
Article 21
On-Call Pay
Section 1. An employee will be considered “on-call” and entitled to on-call pay as described
in this Article in either of the following situations:
a.) when the employee must carry a beeper for a specific period of time; or
b.) when the employee must remain at a single location for the purpose of being
available to receive a telephone call to report to work.
It is expected that the employee promptly report to work when called.
Section 2. An employee will not be considered on-call in any situation other than those
described above. The only exceptions are outlined in Section 9. and 10. below.
Section 3. An employee on-call as described in a.) and b.) above will be entitled to two (2)
hours of pay at the employee’s base rate for every eight (8) hours spent on-call. The rate paid for
in both a.) and b.) will be prorated for hours less than eight (8) hours spent on-call.
Section 4. An employee shall be entitled to a minimum of four (4) hours pay or pay for the
hours actually worked on the call-in, whichever is greater, plus any on-call they are due. It is
understood that the four (4) hour minimum applies to each occurrence when an employee is
called into work providing the employee upon completing his/her call-in assignment contacts the
Emergency Department and Site Administrator to insure there are not additional cases requiring
his/her services prior to leaving the premises. It is further understood that the notification
process may differ in each department. If an employee is on-call and is called into work less
than four (4) hours prior to the start of his/her shift, and the on-call assignment extends into the
employee’s regularly scheduled shift, the employee will be entitled to the minimum four (4)
hours pay.
Section 5. An employee will be considered “called in”:
a.) when the employee who is on-call is called into work and reports for work; or
b.) when the employee who works from his/her previous shift into his/her period of
on-call is held over for one (1) hour or more.
This call-in payment will be made at the base rate or at time and one-half as defined in
Article 25, Overtime and will include shift differential and holiday pay if applicable. Holiday
pay will be paid when an employee comes in on-call between the hours of 6:00 pm on the eve of
the holiday and ending at 11:00 pm on the day of the holiday.
58
Section 6. When an employee on-call for the night shift is called in for a work assignment
and there are six (6) or fewer hours between the end of the call in assignment and the
commencement of his/her shift the next morning, the following options will be available:
a.) report to work at his/her scheduled time;
b.) report for duty up to six (6) hours after he/she completes the on-call shift;
c.) considered first, for first off and/or downsizing considerations for that day.
The exception will be when an employee on-call is called in within two (2) hours of the start of
the shift.
Section 7. On-call time shall not count towards the calculation of eligibility for overtime.
Compensation received for on-call time, however shall be included in an employee’s base rate
for calculating an employee’s overtime rate of pay.
Section 8. Only hours actually worked when the employee is called in will be considered for
the purpose of calculating overtime.
Section 9. An employee can volunteer to be assigned to “on-call” outside of his/her
permanent site if there is insufficient staff to fulfill that site's on-call requirement for the position.
Such assignments shall be subject to the following:
a.) the employee will remain a member of his/her bargaining unit and will be covered
by the terms and conditions of his/her contract;
b.) regardless of whether the employee reports to work at his/her permanent site or at
another Kaleida site, the employee will receive his/her current rate of pay or the
rate for the position at the receiving facility, whichever is higher, plus an hourly
premium of ten percent (10%);
c.) the employee who volunteers to take on-call at another Kaleida site, must meet
the basic core competencies for the work and will receive a site specific
orientation at the new site;
d.) each will be held harmless from any additional cost for parking.
Section 10. In downsizing situations, there may be occasions when an employee may be
placed on-call due to unforeseen changes in admissions, discharges, procedure schedules and
staffing. In such situations, volunteers will first be asked to be on-call in order of seniority. No
employee will be required to go on-call. Any employee that agrees to take on-call will be paid
pursuant to the provisions of this Article. Finally, the decision to initiate an on-call request will
be at the discretion of management.
59
Article 22
Call-In Pay
Four (4) hours pay or a minimum of four (4) hours work shall be provided to employees called to
work for a work assignment outside their regular scheduled work hours. Being called back to
work for the purpose of this Article, does not include being held over or starting early.
Article 23
Salaries
Wage scales and salary language are outlined in appendices included in this Agreement and are
as follows:
a.) Appendix A - Clerical Employees Salaries;
b.) Appendix B - Maintenance Employees Salaries;
c.) Appendix C - Professional Employees Salaries;
d.) Appendix D - Registered Nurse Salaries;
e.) Appendix E - Service Employees Salaries; and
f.) Appendix F - Technical Employees Salaries.
g.) Appendix G - Skilled Nursing Employee Salaries
Article 24
Recruitment, Incentive or Premium Pay Programs
Section 1. The Union and the Employer agree that any recruitment, incentive or premium
program offered must be negotiated with the Union(s) that represents the employees in the job
title at the sites that will be affected.
Section 2. The Unions at the other facilities will receive notification of the intent to negotiate
a program at the other site(s) as well as the terms of the final agreement.
Article 25
Overtime
60
Section 1. Overtime shall be paid to all employees covered by this Agreement. No
employee will be required to work beyond the end of his/her shift but may volunteer to do so.
Section 2. Overtime shall be paid at one and one-half (1½) times an employee’s basic hourly
rate (including differentials and premium rates) for actual hours worked in excess of thirty-seven
and one-half (37 ½ ) hours in a scheduled work week except in those job titles where the normal
work week exceeds thirty-seven and one-half (37 ½ ) hours. In these instances, overtime shall be
paid at one and one-half (1 ½) times the employee’s basic hourly rate for actual hours worked in
excess of the employee’s normal work week.
Section 3. The only exceptions to the above:
a.) The DeGraff CWA bargaining units as follows: Employees agreeing to work six
(6) days on the first week and four (4) days in the other week of a pay period will
receive overtime pay at time and one-half (½) of the employee’s basic hourly rate
for hours worked in excess of eight (8) hours in any workday and in excess of
seventy-five (75) hours in the fourteen (14) day pay period. There will be no
pyramiding of overtime.
b.) The Buffalo General Medical Center Professional bargaining unit Pharmacists as
follows: Pharmacists that work seventy (70) hours in one work week and no
hours in a second work week for a total of seventy (70) hours in a pay period will
be paid the overtime premium of time and one-half an employee’s hourly rate for
all hours worked in excess of eight (8) hours in a day.
c.) The Buffalo General Medical Center Registered Nurse and Professional
bargaining units as follows: Nurse Practitioners and Physician Assistants that
work seventy (70) hours in a biweekly pay period will work forty (40) hours in
one (1) week and thirty (30) hours in the next. Those employees will be paid the
overtime premium of time and one-half (1½) the employee’s hourly rate for all
hours worked in excess of thirty-seven and one half (37½) hours in a work week.
d.) WCHOB RN, LPN and Service and Maintenance bargaining units as follows: An
employee’s compensation rate for all hours worked exceeding an employee’s
normal scheduled shift in a workday will be at time and one-half (1½) the
employee’s hourly rate provided that the normal scheduled shift is at least seven
and one-half (7½) hours.
1.) All work performed by a Registered Nurse in excess of forty (40) hours in
a work week (excluding daily overtime hours) will be compensated at one
and one-half (1½) times the employee’s regular hourly, salary for
employees working eight (8) and ten (10) hour shifts.
2.) All work performed by a Registered Nurse or a service and maintenance
employee in excess of eight (80) hours in a pay period (excluding daily
61
overtime hours) will be compensated at one and one-half (1½) the
employee’s regular hourly salary for employees on twelve (12) hour shifts.
3.) All work performed by a Licensed Practical Nurse or a service and
maintenance employee in excess of thirty-seven and one-half (37½) hours
in a work week (excluding daily overtime hours) will be compensated at
one and one-half (1½) times the employee’s regular hourly salary for
employees working seven and one-half (7½) hour shifts.
4.) All work performed by a Licensed Practical Nurse in excess of seventy-
two (72) hours in a pay period (excluding daily overtime hours) will be
compensated at one and one-half (1½) times the employee’s regular
hourly salary for employees working twelve (12) hour shifts.
5.) All work performed by a Licensed Practical Nurse in excess of sixty-nine
(69) hours in a pay period (excluding daily overtime hours) will be
compensated at one and one-half (1½) times the employee’s regular
hourly salary for employees working eleven and one-half (11½) hour
shifts.
Section 4. Scheduled paid time off, including personal days will be considered as time
worked for the purpose of computing overtime. (Unscheduled paid time off will not be
considered as time worked for the purpose of computing overtime.)
Section 5. All employees who are required to remain at work due to inclement weather or an
extreme emergency will be paid at one and one-half (1½) times the employee’s regular hourly
salary for all hours worked.
Section 6. Overtime must be authorized in advance by the appropriate supervisor or
designee, if available.
Article 26
Paid Time Off
Section 1. All full-time and part-time employees are eligible for Paid Time Off (PTO)
according to the following schedules.
a.) Plan 1 will apply to all registered nurse, nurse practitioner and professional
bargaining units.
PTO
Years of Service
Accrual Rate
per Hours
Maximum Annual
PTO Hours
Maximum Annual
PTO Days
End of probation to Last Day of 1
st
Year
.1192
174.5
23.25
First Day of 2
nd
Year to Last Day of 4
th
Year
.1192
232.5
31
First Day of 5
th
Year to Last Day of 10
th
Year
.1538
300
40
First Day of 11
th
Year to Last Day of 25
th
Year
.1615
315
42
62
First day of 26
th
Year and forward
.1731
337.5
45
b.) Plan 2 will apply to all licensed practical nurses, imaging technologists,
perfusionists, respiratory therapists and Kaleida Health Business Office
Clerical(bargaining unit 28):
PTO
Years of Service
Accrual Rate
per Hours
Maximum Annual
PTO Hours
Maximum Annual
PTO Days
End of probation to Last Day of 1
st
Year
0.1192
174.5
23.25
First Day of 2
nd
Year to Last Day of 4
th
Year
0.1192
232.5
31
First Day of 5
th
Year to Last Day of 10
th
Year
0.1538
300
40
First Day of 11
th
Year to Last Day of 25
th
Year
0.1577
307.5
41
First day of 26
th
Year and forward
0.1731
337.5
45
c.) Plan 3 will apply to all clerical, maintenance, service and technical bargaining
units except for the job titles listed in b.) above:
PTO
Years of Service
Accrual Rate
Per Hours
Maximum Annual
PTO Hours
Maximum Annual
PTO Days
End of probation to Last Day of 1
st
Year
0.1077
158
21
First Day of 2
nd
Year to Last Day of 4
th
Year
0.1077
210
28
First Day of 5
th
Year to Last Day of 10
th
Year
0.1385
270
36
First Day of 11
th
Year to Last Day of 25
th
Year
0.1576
307.5
41
First day of 26
th
Year and forward
0.1731
337.5
45
Section 2. For all employees hired into the BGH registered nurse and technical
clinical/clerical bargaining units prior to July 31, 2011, or for any employees consolidated into
the bargaining units per Article 55, Merger, Consolidation, Transfer or Establishment of Work
within Kaleida Health, since July 31, 2011, the existing BGH registered nurse and
technical/clinical-clerical PTO accrual schedules will be grandfathered . Employees hired into
those bargaining units will accrue PTO as outlined in those accrual schedules which are included
in Memorandum of Understanding # 25, entitled PTO Grandfathering. For employees hired into
these bargaining units after July 31, 2011, PTO accrual rates will be those identified in Sections
1 and 4.
Section 3. It is understood that no employee who currently accrues PTO at a rate higher than
those included in Sections 1 and 4, will lose PTO as a result of this Agreement. When an
employee’s current PTO accrual rate, becomes less than the accrual rates outlined in Sections 1
and 4, the employee will move to the appropriate PTO schedule included in Sections 1 and 4.
PTO accrual schedules that are the basis for such grandfathering are outlined in Memorandum of
Understanding # 25, entitled PTO Grandfathering.
Section 4. All employees hired into the Skilled Nursing facilities after July 19, 2011 are
eligible to earn PTO according to the schedule below:
63
PTO
Years of Service
Accrual Rate
Per Hours
Maximum Annual
PTO Hours
Maximum Annual
PTO Days
End of probation to Last Day of 1
st
Year
0.1077
158
21
First Day of 2
nd
Year to Last Day of 4
th
Year
0.103846
202.5
27
First Day of 5
th
Year to Last Day of 10
th
Year
0.134615
262.5
35
First Day of 11
th
Year to Last Day of 25
th
Year
0.153846
300
40
First day of 26
th
Year and forward
0.169230
330
44
Section 5. All full-time and part-time employees are eligible for extended sick time
according to the following schedule.
ESB
Accrual Rate Per Hours
Maximum Annual ESB
Hours
Maximum Annual ESB
Days
0.0231
45
6
Section 6. Each eligible employee will be assigned a Paid Time Off (PTO) bank to
accumulate hours to use for all paid time off. In addition to PTO, each eligible employee will be
assigned an Extended Sick Bank (ESB) for use during periods of short term disability or during
period of workers’ compensation. Such workers’ compensation will include periods of work
related illness or injury resulting in an absence of less than seven (7) days.
Section 7. Eligible employees shall accrue PTO at a rate based on years of service as defined
by their date of hire, and ESB as detailed in the tables above. PTO is accrued on all hours
worked up to seventy-five (75) hours in a pay period. Employees hired to work forty (40) hours
per week or eighty (80) hours per pay period, will accrue at the rates outlined in Sections 1 and
4. The maximum annual hours and days will be adjusted to take into account the longer work
day. Newly hired employees will begin accruing PTO upon the completion of the probationary
period.
Section 8. Employees are eligible for, and may use PTO as it is earned. Earned hours are
those hours that are accrued and accumulated in the PTO bank and owned by the employee.
Benefit balances are updated on Saturday at the end of the pay period. This earned amount is to
be considered a tentative balance until the timecard is signed off. This amount could be affected
by manager edits on Payroll Monday. This earned accrual is intended to be available in the next
pay period.
Section 9. Time off without PTO accrued, also referred to as “No Benefit Time” or NOB is
not permitted. Employees are responsible to keep track of their PTO time used and accrued.
Section 10. The employee’s pay check stub should reflect the net PTO and ESB balances, as
well as any time in his/her transitional bank, as of the beginning of the current pay period.
Section 11. An employee changing from part-time or per diem status to either full-time or
part-time status shall begin earning PTO from the first day of the pay period worked in the new
status.
64
Section 12. A part-time employee may request to use PTO in excess of the hours they are
hired to work, up to thirty-seven and one-half (37.5) or a full-time work week of forty (40)
hours.
Section 13. Part-time employees who have worked “extra” hours and earned “extra” PTO as a
result, should be scheduled to utilize PTO in increments equal to hours earned. For example, an
employee who was hired as a 0.6 FTE but who has earned PTO equivalent to a 0.8 FTE, should
be paid as a 0.8 FTE when they take the PTO time.
Section 14. PTO is an accrual system with paid leave time earned for each hour paid as well
as for each hour of excused absence, or other paid leave time which substitutes for regular work
hours, up to the maximums outlined in Sections 1, 4, and 7 above. It is understood that:
a.) PTO and ESB is not earned for time spent on-call as per Article 21, On-Call Pay;
or for time spent on an approved unpaid leave of absence as per Article 35, Leave
of Absence.
b.) excused union representation time, as per Article 6, Union Representation, will
accrue PTO as though the excused union representation time are hours worked up
to the maximum of hours hired to work per pay period; and
c.) scheduled PTO will be considered as time worked for the purpose of computing
overtime.
Section 15. PTO should be scheduled in advance of the time block with routine time requests
but in no event with less than twenty-four (24) hours’ notice and will be approved in the same
manner as routine time requests. Unscheduled absences must be reported at least two (2) hours
prior to the start of the employees shift. PTO will be paid for all hours of a scheduled or
unscheduled shift or partial shift. Employees do not have the option to take time without pay
except as defined for excused absence time as designated in Section 14. above. Up to two (2)
shifts of paid time off will be designated for personal reasons.
Section 16. An employee covered by this Agreement may request up to two (2) of his/her
PTO days, detailed above, as personal leave (PL) days. If the requirements of this section are
met, requests for PL days must be approved.
The following requirements are placed on the use of PL days
a.) An employee requesting a PL day shall notify his/her Unit Manager at least 48
hours but no earlier than 30 days in advance of such a request.
b.) PL days will not be taken on the day before, the day of, or the day after a holiday.
65
Section 17. It is understood by the Employer as well as the Union that time requests for one
(1) or more consecutive weeks, are scheduled and approved differently throughout the System.
Therefore, these PTO requests will be addressed in Article 27 PTO Scheduling.
Section 18. The new plan year begins on the first day of the first pay period of the new
calendar year and will be as follows:
a.) December 25, 2016;
b.) December 24, 2017;
c.) December 23, 2018; and
d.) December 22, 2019.
The PTO plan year ends on the last day of the last pay period of the calendar year.
Section 19. If a benefit earning employee transfers to a non-benefited position or is laid off,
available PTO hours will be paid out in cash in the pay period following the transfer of status or
layoff. ESB hours will be frozen until the employee returns to a category of employment which
receives benefits, at which time the ESB will be re-established to the same number of hours in
the ESB at the time the bank was frozen.
Section 20. An eligible employee may voluntarily donate a portion of his/her own PTO
benefit hours to another benefited Kaleida employee who is away from work on an approved
leave for disability, Family Medical Leave, or personal leave of absence for hardship reasons.
PTO donations however, may not begin until the employee off on leave has stopped accruing
PTO and that time has been utilized. The employee will be eligible to give hours from his/her
own accrued balance of PTO. Time donated will be converted to a dollar value which will in
turn be converted to the equivalent hours of time based on the recipient’s hourly rate. An
employee may donate up to thirty-seven and one-half (37½) hours from their accrued balance in
each PTO Plan Year. Donations may be made from accrued, unused PTO only. ESB Hours are
not eligible for donation. Once donated, the gift is irrevocable. Recipients of donated PTO are
eligible to be paid up to seventy-five hours (75) or eighty hours (80) of PTO per pay period.
Section 21. Employees on New York State disability or workers’ compensation will continue
to earn PTO and ESB hours as long as they continue to be paid from either their PTO or their
ESB bank.
Section 22. If an employee is released from work without pay for an excused absence day, or
agrees to be placed on voluntary call for the purpose of downsizing he/she will continue to earn
PTO and ESB for the hours he/she is on excused absence.
Section 23. There is no limit on the amount of time that can be accumulated in the ESB
during the employee’s total service with Kaleida. Kaleida Health is not obligated to buy back
66
time remaining in an employee’s ESB upon separation from employment except in the following
bargaining units.
a.) For the WCHOB RN and Clerical (03) bargaining units, any employee, upon
retirement from the Employer will be eligible for payment of fifty percent (50%)
of the employee’s ESB. As used in this Section, retirement is defined as
termination of employment under one of the following conditions:
1.) age 65 and five (5) years of full-time or part-time service;
2.) any time after age 55 and ten years of full-time or part-time service;
3.) any age and thirty (30) years of full-time or part-time service;
4.) totally and permanently disabled after ten (10) years of full-time or part-
time service.
The hourly rate will be computed based upon the employee’s average straight
time hourly wage paid for the last seven (7) consecutive years prior to retirement.
Actual payment is to be paid in a separate check and as deferred compensation.
b.) For the WCHOB LPN bargaining unit, any employee, upon retirement from the
Employer will be eligible for payment of one-third (1/3) of the employee’s ESB.
As used in this Section, retirement is defined as termination of employment under
one of the following conditions:
1.) age 65 and five (5) years of full-time or part-time service;
2.) any time after age 55 and ten years of full-time or part-time service;
3.) any age and thirty (30) years of full-time or part time service;
4.) totally and permanently disabled after ten (10) years of full time or part
time service.
The hourly rate will be computed based upon the employee’s average straight
time hourly wage paid for the last seven (7) consecutive years prior to retirement.
Actual payment is to be paid in a separate check and as deferred compensation.
c.) For the WCHOB SM bargaining unit, any employee, upon retirement from the
Employer will be eligible for payment of sixty percent (60%) of the employee’s
ESB. As used in this Section, retirement is defined as termination of employment
under one of the following conditions:
1.) age 65 and five (5) years of full-time or part-time service;
2.) any time after age 55 and ten years of full-time or part-time service;
3.) any age and thirty (30) years of full-time or part-time service;
4.) totally and permanently disabled after ten (10) years of full-time or part-
time service.
The hourly rate will be computed based upon the employee’s average straight
time hourly wage paid for the last seven (7) consecutive years prior to retirement.
Actual payment is to be paid in a separate check and as deferred compensation.
67
d.) For the MFH S&M bargaining unit, the Employer agrees to continue the
following:
At normal, deferred or early (age 60 or later) retirement, the Employer will pay
for unused accumulated sick time in excess of 225 hours up to a maximum of 525
hours at the rate of 75% of the employee’s base hourly rate. For example, an
employee who has accumulated 615 hours of paid sick time will receive 292.5
hours of pay at the time of retirement (615 - 225 x .75 = 292.50); while an
employee who has accumulated 900 hours of sick time will receive 393.75 hours
of pay at the time of retirement (900 – 225 = 675, which is in excess of maximum,
so employee receives 525 x.75 or 393.75 hours, which is the maximum benefit).
It is agreed to and understood by the parties that employees hired into the bargaining units
referenced in this Section after July 19, 2011 will not be entitled to the benefits outlined in a.),
b.), c.) and d.) above.
Section 24. Employees who have completed the probationary period may request PTO hours
over and above the accrued balance in their PTO bank up to a maximum of forty (40) hours for
full-time employees and to a maximum of twenty-four (24) hours for part-time employees. It is
understood that utilization of negative PTO hours will only extend through the last full pay
period of May of each calendar year.
Section 25. If an employee terminates employment for any reason, including retirement, all
accrued, unused PTO and transitional bank time shall be paid out in cash in the second pay
period following termination. If the PTO bank is negative at the time of termination an amount
equal to the employee’s hourly pay rate at the time of termination, times the hours necessary to
bring the bank back to zero will be withheld from the employee’s last paycheck.
Section 26. Annually, at the close of the PTO plan year, the Employer will provide a listing of
the ending PTO and ESB balances for each employee. Eligible employees will be offered
several options for utilization of accrued PTO. There will be an automatic carryover of up to
forty-eight (48)hours for full-time employees and thirty-six (36) hours for part-time employees .
Carryover hours must be used by the end of thirteen (13) pay periods. Any request for PTO
hours, made by an employee with a carryover balance, will be automatically deducted from the
carryover balance until that balance has been depleted. If an employee makes a good faith effort
to use carryover time, but his/her requests are denied, the remaining hours will be bought out in
cash and payment made by the last pay period in July. Otherwise unused carryover hours as of
the end of pay period thirteen (13) will be transferred to the employee’s ESB.
Section 27. Year end PTO balances in excess of the required carryover amounts defined in
Section 26 above, will be automatically bought out in cash based on the rate of pay in effect at
the time the payment is made in a separate paycheck and paid out in the last full pay period in
February of each year. In the event the employee prefers not to take a cash buyout for the excess
68
hours, the employee may elect one of the following options provided they notify the Employer
on or before December 31 of each year.
a.) The employee may direct up to the legally permitted limit, of the cash value of
his/her remaining unused PTO hours, to the employee’s existing Kaleida Health
Savings Investment 403 (b) Plan. Contribution will be for the year in which the
funds are directed to the account and will be made within the first quarter of the
calendar year. The remaining balance will be bought out in cash at the rate of pay
in effect at the time the payment is made which will be no later than the last full
pay period in February of each year.
b.) Employees may elect to contribute, up to the legally permitted limit, fifty (50%)
percent of the cash value of his/her remaining unused PTO hours, to the
employee’s existing Kaleida Health’s Saving’s Investment 403 (b) Plan.
Contribution will be for the year in which the funds are directed to the account
and payment will occur within the first quarter of the calendar year. The
remaining balance will be bought out in cash at the rate of pay in effect at the time
the payment is made no later than the last full pay period in February of each
year.
c.) Employees may elect to have all unused hours transferred into their ESB.
Section 28. Any employee with transition PTO time shall continue with a transition bank.
Unused time will remain in the transition bank at the hourly rate effective the first full pay period
in June, 2006, for the employee to use at any time during his/her employment with Kaleida
(actual time off from work is subject to the approval of the employee’s supervisor).
Section 29. On an annual basis, the employee will have the opportunity to exercise the
following options with respect to time in the transition bank. The employee must notify the
Employer of his/her selection on or before December 31 of each year.
a.) The employee may buy out up to twenty-five percent (25%) of the hours in
his/her transition bank. The buyout will be based on the rate of pay in effect at
the time the payment is made or the rate as of June, 2006 and automatically
included in the employee’s paycheck in the last full pay period in May of each
year.
OR
b.) The employee may direct up to the legally permitted limit but not to exceed
twenty-five percent (25%) of the cash value the transition bank to the employee’s
existing Kaleida Health’s sponsored Tax Sheltered Annuity Account.
Contributions will be for the year in which the funds are directed to the account.
When the employee terminates employment with Kaleida, for any reason, all hours remaining in
the transition bank will be paid out in cash.
69
Article 27
Paid Time Off Scheduling
CWA BGMC/RN
Section 1. The calendar year shall be divided into three (3) periods.
Period 1 will be by November 1 of the preceding year for all time requests for January 2
through June 14.
a.) Period 2 will be by March 1 for June 15 through September 15 and December 20
through January 1: a maximum of seventy-five (75) hours can be requested for all
full-time employees and for part-time employees a maximum equivalent to their
category of employment, (i.e., .6 PT = 45 hours in Period 2); and
b.) Period 3 will be by July 1 for the remainder of the year.
When there is a conflict in PTO selection between two (2) or more employees, the highest
seniority date will govern.
Requests submitted after these dates will be considered in the order in which they are received.
Any open pre-scheduled time that remains after the above cut off dates will be filled on a first
come, first serve basis. If two (2) or more requests are submitted in the same day it will be
decided by seniority. Such PTO requests will not be held to the maximum limits in prime time.
Section 2. A minimum of one (1) week PTO (equivalent to an employee’s FTE) will be
scheduled in the period of time from the first full pay period in the PTO benefit year, through the
end of the thirteenth (13
th
) full pay period of the PTO benefit year with the following conditions.
a.) Any employee that takes carryover time during this time frame will have
been deemed to have satisfied this requirement.
b.) Employees will not be required to go into negative PTO for the purpose of
meeting this requirement.
c.) Days taken as individual PTO days will count towards meeting this
requirement.
Section 3. Annually, by August 1
st
the Employer will take a snapshot of each job title and
utilize this population snapshot to post by October 1
st
the number of PTO hours available per
week, based on the current staff’s annual PTO accrual, inclusive of any vacancies. The
standardized formula (listed below) will be utilized for PTO calculation:
a.) total of all employees annual accrual, by job title, shift and department = X;
70
b.) subtract from X, the annual average PTU usage for the department from
August 1 of the prior year through July 31 of the current year = Y;
c.) divide Y by 52 weeks = Z;
d.) Z = minimum number of pre-approved hours per week.
Once all the hours are allocated, if there are remaining pre-approved hours greater than or equal
to half a shift of the most senior individual with an outstanding request for pre-scheduled PTO,
that individual will be granted one shift of approved PTO.
The parties agree that the number of pre-approved hours generated by the formula above shall be
presented at the September Site Staffing Committee meetings.
In all cases, a minimum of 37.5 hours per week will be approved. Once PTO is approved, the
approval list will include name of employee, the number of approved hours, all open available
hours per week and names of all employees denied PTO and the original hours requested. If
positions are added or deleted from a unit/department /cost center, that change the available
PTO hours, the change will be reflected in the next pre-approval period.
Section 4. The employee shall submit their requests in duplicate on PTO request form #21
and include all days off. Employees shall be notified of approval or denial within thirty (30)
calendar days from the date requests are due. Unless there are extenuating circumstances that
adversely affect the Employer’s ability to provide notification, failure to do so within thirty (30)
days will result in the Employee’s PTO request to be considered approved by default.
Section 5. Routine time requests for individual PTO days will not be held to the maximum
limits in prime time. Requests for individual PTO days submitted after the above dates will be
submitted with the time requests in the time block in which they are being requested. In case of
conflict, approval of these time requests will be evenly distributed, and will not be arbitrarily
denied.
Section 6. Employees may use PTO in increments of fifteen (15) minutes or more, on a day
to day basis, with the approval of the manager/supervisor. Employees may not utilize this
minimum PTO to mask an attendance or tardiness problem.
Section 7. PTO schedules for employees from other bargaining units, may not interfere with
employees of this bargaining unit. Vacation schedules for management employees may not
interfere with the scheduling of bargaining unit personnel.
Section 8. Should an employee desire to change approved PTO, the employee must submit
the change by the date that time requests are to be submitted for the next schedule.
Section 9. If an employee is requested to work during a week in which he/she has an
approved PTO, it will be the employee’s option to rescind or keep the PTO time.
71
Section 10. Approved PTO may not be changed when personnel must transfer, without the
consent of the employee, in instance of layoff, unit closure or transfers because of an
administrative decision. In each of the above instances, approved PTO requests will be honored.
When a transfer to another unit/cost center or change in status occurs, at the employee’s request,
approved PTO requests must be resubmitted. However, every attempt will be made to
accommodate the employee’s previously approved PTO schedule.
Section 11. Previously approved PTO will be redistributed as outlined below:
a.) When PTO becomes available due to employee give back, it will be redistributed
per letter c. below.
b.) In the event PTO hours are to be redistributed due to New York State Disability*,
Workers’ Compensation*, Leave of Absence*, and/or vacated positions,
redistribution will be per letter c. below. In these circumstances, the decision of
management to redistribute those PTO hours will not be arbitrary.
c.) Each unit will follow a process to ensure that employees previously denied PTO
hours will have first choice to be granted those available PTO hours.
After the above process has been completed, if there are remaining PTO hours available, they
will be granted on a first come first serve basis.
* For those employees out on New York State Disability, Workers’ Compensation or Leave of
Absence, the time will become available for redistribution as soon as it is reasonably known that
the employee will not be returning prior to when the PTO is scheduled.
Section 12. When the department is closed for any of the six (6) major holidays, or minimally
staffed, those employees given the holiday off will not have their PTO hours count towards any
of the maximum PTO allotments for those periods.
CWA BGMC/PROF
Section 1. The calendar year shall be divided into three (3) periods.
a.) Period 1 will be by November 1 of the preceding year for all time requests for
January 2 through June 14;
b.) Period 2 will be by March 1 for June 15 through September 15 and December 20
through January 1: a maximum of seventy-five (75) hours can be requested for all
full-time employees and for part-time employees a maximum equivalent to their
category of employment, (i.e., .6 PT = 45 hours in Period 2); and
c.) Period 3 will be by July 1 for the remainder of the year.
72
When there is a conflict in PTO selection between two (2) or more employees, the highest
seniority date will govern.
Requests submitted after these dates will be considered in the order in which they are received.
Any open pre-scheduled time that remains after the above cut off dates will be filled on a first
come, first serve basis. If two (2) or more requests are submitted in the same day it will be
decided by seniority. Such PTO requests will not be held to the maximum limits in prime time.
Employees will be notified of approval or denial within thirty (30) calendar days from the date
requests are due. Unless there are extenuating circumstances that adversely affect the
Employer’s ability to provide verification, failure to do so within thirty (30) days will result in
the employee’s PTO request to be considered approved by default.
Section 2. A minimum of one (1) week PTO (equivalent to an employee’s FTE) will be
scheduled in the period of time from the first full pay period in the PTO benefit year, through the
end of the thirteenth (13
th
) full pay period of the PTO benefit year with the following conditions.
a.) Any employee that takes carryover time during this time frame will have
been deemed to have satisfied this requirement.
b.) Employees will not be required to go into negative PTO for the purpose of
meeting this requirement.
c.) Days taken as individual PTO days will count towards meeting this
requirement.
Section 3. When the department is closed for the six (6) major holidays, or minimally
staffed, those employees given the holiday off will not have their PTO hours count towards any
of the maximum PTO allotments for those periods.
Section 4. For PTO requested during the period of time between June 15 – September 15 and
December 20 – January 1, every employee will first be offered one (1) week of prime time PTO
in seniority order. Once every employee has been offered one (1) week of prime time PTO open
weeks will be offered to employees in seniority order. It is understood by the parties that days
off may be scheduled at the beginning and/or end of a PTO period.
Section 5. Annually, on August 1
st
the Employer will take a snapshot of each job title and
utilize this population snapshot to post by October 1
st
the number of PTO hours available per
week, based on the current staff’s annual PTO accrual, inclusive of any vacancies. The
standardized formula (listed below) will be utilized for PTO calculation:
a.) total of all employees annual accrual, by job title, shift and department = X;
b.) subtract from X, the annual average PTU usage for the department from
August 1 of the prior year through July 31 of the current year = Y;
73
c.) divide X by 52 weeks = Z;
d.) Z = minimum number of pre-approved hours per week.
Once all the hours are allocated, if there are remaining pre-approved hours greater than or equal
to half a shift of the most senior individual with an outstanding request for pre-scheduled PTO,
that individual will be granted one shift of approved PTO.
The parties agree that the number of pre-approved hours generated by the formula above shall be
presented at the September Site Staffing Committee meetings.
In all cases, a minimum of 37.5 hours per week will be approved. Once PTO is approved, the
approval list will include name of employee, the number of approved hours, all open available
hours per week and names of all employees denied PTO and the original hours requested. If
positions are added or deleted from a unit/department /cost center, that change the available PTO
hours, the change will be reflected in the next pre-approval period.
Section 6. Routine time requests for individual PTO days will not be held to the maximum
limits in prime time. Routine time requests submitted after the above dates will be submitted
with the time requests in the time block in which they are being requested. In case of conflict,
approval of these time requests will be evenly distributed, and will not be arbitrarily denied.
Section 7. PTO schedules for employees from other bargaining units, may not interfere with
employees of this bargaining unit. PTO schedules for management employees may not interfere
with the scheduling of bargaining unit personnel.
Section 8. Should an employee desire to change approved PTO, the employee must submit
the change at least thirty (30) days prior to the first day of the month in which the PTO is
requested.
Section 9. Approved PTO will not be changed when personnel must transfer, without the
consent of the employee, in instance of layoff, unit closure or transfers because of an
administrative decision. In each of the above instances, approved PTO requests will be honored.
When a transfer to another cost center or change in status occurs, at the employee’s request,
approved PTO requests must be resubmitted. However, every attempt will be made to
accommodate the employee’s previously approved PTO schedule.
Section 10. Employees may use PTO in increments of fifteen minutes of more, on a day to
day basis, with the approval of the manager/supervisor. Employees may not utilize this
minimum PTO to mask an attendance or tardiness problem.
Section 11. Previously approved PTO will be redistributed as outlined below:
a.) When PTO becomes available due to employee give back, it will be redistributed
per letter c. below.
74
b.) In the event PTO hours are to be redistributed due to New York State Disability*,
Workers’ Compensation*, Leave of Absence*, and/or vacated positions,
redistribution will be per letter c. below. In these circumstances, the decision of
management to redistribute those PTO hours will not be arbitrary.
c.) Each unit will follow a process to ensure that employees previously denied PTO
hours will have first choice to be granted those available PTO hours.
After the above process has been completed, if there are remaining PTO hours available, they
will be granted on a first come first serve basis.
* For those employees out on New York State Disability, Workers’ Compensation or leave of
absence, the time will become available for redistribution as soon as it is reasonably known that
the employee will not be returning prior to when the PTO is scheduled.
CWA BGMC/TCC
Section 1. The calendar year shall be divided into three (3) periods.
a.) Period 1 will be by November 1 of the preceding year for all time requests for
January 2 through June 14.
b.) Period 2 will be by March 1 for June 15 through September 15 and December 20
through January 1: a maximum of seventy-five (75) hours can be requested for all
full-time employees and for part-time employees a maximum equivalent to their
category of employment, (i.e., .6 PT = 45 hours in Period 2); and
c.) Period 3 will be by July 1 for the remainder of the year.
When there is a conflict in PTO selection between two (2) or more employees, the highest
seniority date will govern.
Requests submitted after these dates will be considered in the order in which they are received.
Any open pre-scheduled time that remains after the above cut off dates will be filled on a first
come, first serve basis. If two (2) or more requests are submitted in the same day it will be
decided by seniority. Such PTO requests will not be held to the maximum limits in prime time.
Section 2. A minimum of one (1) week PTO (equivalent to an employee’s FTE) will be
scheduled in the period of time from the first full pay period in the PTO benefit year, through the
end of the thirteenth (13
th
) full pay period of the PTO benefit year with the following conditions.
a.) Any employee that takes carryover time during this time frame will have
been deemed to have satisfied this requirement.
b.) Employees will not be required to go into negative PTO for the purpose of
meeting this requirement.
75
c.) Days taken as individual PTO days will count towards meeting this
requirement.
Section 3. Annually, on August 1
st
the Employer will take a snapshot of each job title and
utilize this population snapshot to post by October 1
st
the Employer will post the number of PTO
hours available per week, based on the current staff’s annual PTO accrual, inclusive of any
vacancies. The standardized formula (listed below) will be utilized for PTO calculation:
a.) total of all employees annual accrual, by job title, shift and department = X;
b.) subtract from X, the annual average PTU usage for the department from
August 1 of the prior year through July 31 of the current year = Y;
c.) divide Y by 52 weeks = Z;
d.) Z = minimum number of pre-approved hours per week.
Once all the hours are allocated, if there are remaining pre-approved hours greater than or equal
to half a shift of the most senior individual with an outstanding request for pre-scheduled PTO,
that individual will be granted one shift of approved PTO.
The parties agree that the number of pre-approved hours generated by the formula above shall be
presented at the September Site Staffing committee meetings.
In all cases, a minimum of 37.5 hours per week will be approved. Once PTO is approved, the
approval list will include name of employee, the number of approved hours, all open available
hours per week and names of all employees denied PTO and the original hours requested. If
positions are added or deleted from a unit/department /cost center, that change the available
PTO hours, the change will be reflected in the next pre-approval period.
Section 4. The employee shall submit their requests in duplicate on PTO request form #21
and include all days off. Employees shall be notified of approval or denial within thirty (30)
calendar days from the date requests are due. Unless there are extenuating circumstances that
adversely affect the Employer’s ability to provide notification, failure to do so within thirty (30)
days will result in the Employee’s PTO request to be considered approved by default.
Section 5. Routine time requests for individual PTO days will not be held to the maximum
limits in prime time. Requests for individual PTO days submitted after the above dates will be
submitted with the time requests in the time block in which they are being requested. In case of
conflict, approval of these time requests will be evenly distributed, and will not be arbitrarily
denied.
Section 6. Employees may use PTO in increments of fifteen (15) minutes or more, on a day
to day basis, with the approval of the manager/supervisor. Employees may not utilize this
minimum PTO to mask an attendance or tardiness problem.
76
Section 7. PTO scheduled for employees from other bargaining units, may not interfere with
employees of this bargaining unit. Vacation schedules for management employees may not
interfere with the scheduling of bargaining unit personnel.
Section 8. Should an employee desire to change approved PTO, the employee must submit
the change by the date that time request are to be submitted for the next schedule.
Section 9. If an employee is requested to work during a week in which he/she has an
approved PTO, it will be the employee’s option to rescind or keep the PTO time.
Section 10. Approved PTO may not be changed when personnel must transfer, without the
consent of the employee, in instance of layoff, unit closure or transfers because of an
administrative decision. In each of the above instances, approved PTO requests will be honored.
When a transfer to another unit/cost center or change in status occurs, at the employee’s request,
approved PTO requests must be resubmitted. However, every attempt will be made to
accommodate the employee’s previously approved PTO schedule.
Section 11. Previously approved PTO will be distributed as outlined below:
a.) When PTO becomes available due to employee give back, it will be redistributed
per letter c. below.
b.) In the event PTO hours are to be redistributed due to New York State Disability*,
Workers’ Compensation*, Leave of Absence*, and/or vacated positions,
redistribution will be per letter c. below. In these circumstances, the decision of
management to redistribute those PTO hours will not be arbitrary.
c.) Each unit will follow a process to ensure that employees previously denied PTO
hours will have first choice to be granted those available PTO hours.
After the above process has been completed, if there are remaining PTO hours available, they
will be granted on a first come first serve basis.
* For those employees out on New York State Disability, Workers’ Compensation or leave of
absence, the time will become available for redistribution as soon as it is reasonably known that
the employee will not be returning prior to when the PTO is scheduled.
Section 12. When the department is closed for any of the six (6) major holidays, or minimally
staffed, those employees given the holiday off will not have their PTO hours count towards any
of the maximum PTO allotments for those periods.
CWA DMH/RN
Section 1. Requests for PTO of one (1) or more consecutive weeks shall be requested on the
appropriate form as follows:
77
a.) by November 1 of the preceding year for all requests from January 1 to March 31;
b.) by January 1 for all requests from April 1 to June 30;
c.) by March 1 for all requests from July 1 to September 30; and
d.) by July 1 for all requests from October 1 to December 31.
Requests submitted after these dates will be approved on a first come, first serve basis, based on
availability of weeks left to schedule after all requests that were received on time have been
approved and scheduled. If two (2) or more requests are submitted on the same day it will be
decided by seniority.
Section 2. A minimum of one (1) week PTO (equivalent to an employee’s FTE) will be
scheduled in the period of time from the first full pay period in the PTO benefit year, through the
end of the thirteenth (13
th
) full pay period of the PTO benefit year with the following conditions.
a.) Any employee that takes carryover time during this time frame will have
been deemed to have satisfied this requirement.
b.) Employees will not be required to go into negative PTO for the purpose of
meeting this requirement.
c.) Days taken as individual PTO days will count towards meeting this
requirement.
Section 3. Annually, on August 1
st
the Employer will take a snapshot of each job title and
utilize this population snapshot to post by October 1
st
the Employer will post the number of PTO
hours available per week, based on the current staff’s annual PTO accrual, inclusive of any
vacancies. The standardized formula (listed below) will be utilized for PTO calculation:
a.) total of all employees annual accrual, by job title, shift and department = X;
b.) subtract from X, the annual average PTU usage for the department from August 1
of the prior year through July 31 of the current year = Y;
c.) divide X by 52 weeks = Z;
d.) Z = minimum number of pre-approved hours per week.
Once all the hours are allocated, if there are remaining pre-approved hours greater than or equal
to half a shift of the most senior individual with an outstanding request for pre-scheduled PTO,
that individual will be granted one shift of approved PTO.
78
The parties agree that the number of pre-approved hours generated by the formula above shall be
presented at the September Site Staffing Committee meetings.
In all cases, a minimum of 37.5 hours per week will be approved. Once PTO is approved, the
approval list will include name of employee, the number of approved hours, all open available
hours per week and names of all employees denied PTO and the original hours requested. If
positions are added or deleted from a unit/department /cost center, that change the available
PTO hours, the change will be reflected in the next pre-approval period.
Section 4. All time requests shall be scheduled subject to the staffing requirements of each
department/unit.
Section 5. Employees will be notified of approved PTO requests for one (1) or more
consecutive weeks, no later than two (2) weeks after the cut off dates outlined above, and a copy
of the time request form will be returned to the employee. Unless there are extenuating
circumstances that adversely affect the Employer’s ability to provide notification, failure to do so
within two (2) weeks will result in the Employee’s PTO request being considered approved by
default.
Section 6. For PTO requests during the period of time from May 15 to September 15 at least
one (1) week will be granted. All requests for a second week of PTO during this time period
shall be considered and granted, if possible, before any individual’s request for three (3) weeks
or more is considered.
Section 7. Where there is a conflict in approving PTO selection, the highest seniority date
shall govern. Requests for PTO of one (1) or more weeks that include a major holiday shall be
granted by seniority on a rotating basis. It is also understood that individual PTO days shall not
be unreasonably denied.
Section 8. Should the employee desire to change an approved PTO, the employee may
submit the change at least thirty (30) days prior to the first (1
st
) day of the month in which the
PTO is requested.
Section 9. Approved PTO may not be changed when personnel must transfer without the
consent of the employee, in instance of layoffs, unit closings or transfers because of
administrative decision. In each of the above instances, approved PTO requests will be honored.
When a transfer to another cost center or change in status occurs, at the employee’s request,
approved PTO request must be resubmitted. However, every attempt will be made to
accommodate the employee’s previously approved PTO request.
Section 10. Employees may use PTO in increments of fifteen (15) minutes or more, on a day
to day basis, with the approval of the manager/supervisor. Employees may not utilize this
minimum PTO to make an attendance or tardiness problem.
Section 11. Time requests for individual PTO days scheduled off must be reduced to writing
on the prescribed form, and submitted to the responsible supervisor/department manager at least
79
twenty-one (21) calendar days in advance of the requested day. Employees will make every
effort to submit requests for such time, at least one (1) week prior to the posting of the schedule.
Management will reply indicating approval or disapproval within one (1) week of the request.
Approval is contingent upon the Employer’s ability to staff for the requested day.
Section 12. Routine time requests for individual PTO days will not be held to the maximum
limits in prime time and will be considered and granted contingent upon the Employer’s ability
to staff for the requested day. Routine time requests submitted after the above dates will be
submitted with the time requests in the time block in which they are being requested. In case of
conflict, approval of these time requests will be evenly distributed, and will not be arbitrarily
denied.
Section 13. PTO schedules for employees from other bargaining units may not interfere with
employees of this bargaining unit. PTO schedules for management employees may not interfere
with the scheduling of bargaining unit personnel.
Section 14. When the department is closed for any of the six (6) major holidays, or minimally
staffed, those employees given the holiday off will not have their PTO hours count towards any
of the maximum PTO allotments for those periods.
CWA DMH/PROF
Section 1. Requests for PTO of one (1) or more consecutive weeks shall be requested on the
appropriate form as follows:
a.) by November 1 of the preceding year for all requests from January 1 to March 31;
b.) by January 1 for all requests from April 1 to June 30;
c.) by March 1 for all requests from July 1 to September 30; and
d.) by July 1 for all requests from October 1 to December 31.
Requests submitted after these dates will be approved on a first come, first serve basis, based on
availability of weeks left to schedule after all requests that were received on time have been
approved and scheduled. If two (2) or more requests are submitted on the same day, it will be
decided by seniority.
Section 2. A minimum of one (1) week PTO (equivalent to an employee’s FTE) will be
scheduled in the period of time from the first full pay period in the PTO benefit year, through the
end of the thirteenth (13
th
) full pay period of the PTO benefit year with the following conditions.
80
a.) Any employee that takes carryover time during this time frame will have
been deemed to have satisfied this requirement.
b.) Employees will not be required to go into negative PTO for the purpose of
meeting this requirement.
c.) Days taken as individual PTO days will count towards meeting this
requirement.
Section 3. Annually, on August 1
st
the Employer will take a snapshot of each job title and
utilize this population snapshot to post by October 1
st
the number of PTO hours available per
week, based on the current staff’s annual PTO accrual, inclusive of any vacancies. The
standardized formula (listed below) will be utilized for PTO calculation:
a.) total of all employees annual accrual, by job title, shift and department = X;
b.) subtract from X, the annual average PTU usage for the department from
August 1 of the prior year through July 31 of the current year = Y;
c.) divide X by 52 weeks = Z;
d.) Z = minimum number of pre-approved hours per week.
Once all the hours are allocated, if there are remaining pre-approved hours greater than or equal
to half a shift of the most senior individual with an outstanding request for pre-scheduled PTO,
that individual will be granted one shift of approved PTO.
The parties agree that the number of pre-approved hours generated by the formula above shall be
presented at the September Site Staffing Committee meetings.
In all cases, a minimum of 37.5 hours per week will be approved. Once PTO is approved, the
approval list will include name of employee, the number of approved hours, all open available
hours per week and names of all employees denied PTO and the original hours requested. If
positions are added or deleted from a unit/department /cost center, that change the available PTO
hours, the change will be reflected in the next pre-approval period.
Section 4. All time requests shall be scheduled subject to the staffing requirements of each
department/unit.
Section 5. Employees will be notified of approved PTO requests for one (1) or more
consecutive weeks no later than two (2) weeks after the cut off dates outlined above, and a copy
of the time request form will be returned to the employee.
Section 6. For PTO requests during the period of time from May 15 to September 15, at least
one (1) week will be granted. All requests for a second week of PTO during this time period
81
shall be considered and granted, if possible, before any individual’s request for three (3) weeks
or more is considered.
Section 7. Where there is a conflict in approving PTO selection, the highest seniority date
shall govern. Requests for PTO of one (1) or more weeks that include a major holiday shall be
granted by seniority on a rotating basis. It is also understood that individual PTO days shall not
be unreasonably denied.
Section 8. Should the employee desire to change an approved PTO, the employee may
submit the change at least thirty (30) days prior to the first (1
st
) day of the month in which the
PTO is requested.
Section 9. Approved PTO may not be changed when personnel must transfer without the
consent of the employee, in instance of layoffs, unit closings or transfers because of
administrative decision. In each of the above instances, approved PTO requests will be honored.
When a transfer to another cost center or change in status occurs at the employee’s request,
approved PTO request must be resubmitted. However, every attempt will be made to
accommodate the employee’s previously approved PTO request.
Section 10. Employees may use PTO in increments of fifteen (15) minutes or more, on a day
to day basis, with the approval of the manager/supervisor. Employees may not utilize this
minimum PTO to mask and attendance or tardiness problem.
Section 11. Time requests for individual PTO days scheduled off must be reduced to writing
on the prescribed form and submitted to the responsible supervisor/department manager at least
one week prior to the posting of the schedule. Management will reply, indicating approval or
disapproval, within one (1) week of the request. Approval is contingent upon the Employer’s
ability to staff for the requested day.
Section 12. Routine time requests for individual PTO days will not be held to the maximum
limits in prime time and will be considered and granted contingent upon the Employer’s ability
to staff for the requested day. Routine time requests submitted after the above dates will be
submitted with the time requests in the time block in which they are being requested. In case of
conflict, approval of these time requests will be evenly distributed.
Section 13. Switching of shifts or partial shifts between employees may occur, with the
department manager’s approval. A single request form must be submitted to the immediate
supervisor/department manager, signed by both employees affected. In such cases where an
employee’s schedule prohibits the submission of a written request, such employee may contact
his/her supervisor/department manager to request approval for a switch of shift followed by the
written request. The initially scheduled holiday shall be considered the holiday commitment.
Section 14. PTO schedules for employees from other bargaining units, may not interfere with
employees of this bargaining unit. PTO schedules for management employees may not interfere
with the scheduling of bargaining unit personnel.
82
Section 15. When the department is closed for any of the six (6) major holidays, or minimally
staffed, those employees given the holiday off will not have their PTO hours count towards any
of the maximum PTO allotments for those periods.
CWA DMH/TCCS
Section 1. Requests for PTO of one (1) or more consecutive weeks shall be requested on the
appropriate form as follows:
a.) by November 1 of the preceding year for all requests from January 1 to March
31;
b.) by January 1 for all requests from April 1 to June 30;
c.) by March 1 for all requests from July 1 to September 30; and
d.) by July 1 for all requests from October 1 to December 31.
Requests submitted after these dates will be approved based on availability of weeks left to
schedule after all request that were received on time have been approved and scheduled. If two
(2) or more requests are submitted on the same day it will be decided by seniority
Section 2. A minimum of one (1) week PTO (equivalent to an employee’s FTE) will be
scheduled in the period of time from the first full pay period in the PTO benefit year, through the
end of the thirteenth (13
th
) full pay period of the PTO benefit year with the following conditions.
a.) Any employee that takes carryover time during this time frame will have
been deemed to have satisfied this requirement.
b.) Employees will not be required to go into negative PTO for the purpose of
meeting this requirement.
c.) Days taken as individual PTO days will count towards meeting this
requirement.
Section 3. Annually, on August 1
st
the Employer will take a snapshot of each job title and
utilize this population snapshot to post by October 1
st
the number of PTO hours available per
week, based on the current staff’s annual PTO accrual, inclusive of any vacancies. The
standardized formula (listed below) will be utilized for PTO calculation:
a.) total of all employees annual accrual, by job title, shift and department = X;
b.) subtract from X, the annual average PTU usage for the department from
August 1 of the prior year through July 31 of the current year = Y;
83
c.) divide X by 52 weeks = Z;
d.) Z = minimum number of pre-approved hours per week.
Once all the hours are allocated, if there are remaining pre-approved hours greater than or equal
to half a shift of the most senior individual with an outstanding request for pre-scheduled PTO,
that individual will be granted one shift of approved PTO.
The parties agree that the number of pre-approved hours generated by the formula above shall be
presented at the September Site Staffing Committee meetings.
In all cases, a minimum of 37.5 hours per week will be approved. Once PTO is approved, the
approval list will include name of employee, the number of approved hours, all open available
hours per week and names of all employees denied PTO and the original hours requested. If
positions are added or deleted from a unit/department /cost center, that change the available PTO
hours, the change will be reflected in the next pre-approval period.
Section 4. All time requests shall be scheduled subject to the staffing requirements of each
department/unit.
Section 5. Employees will be notified of approved PTO requests for one (1) or more
consecutive weeks no later than two (2) weeks after the cut off dates outlined above, and a copy
of the time request form will be returned to the employee. Unless there are extenuating
circumstances that adversely affect the Employer’s ability to provide notification, failure to do so
within two (2) weeks will result in the Employee’s PTO request being considered approved by
default.
Section 6. For PTO requests during the period of time between May 15 to September 15 at
least one (1) week will be granted. All requests for a second week of PTO during this time
period shall be considered and granted, if possible, before any individual’s request for three (3)
weeks or more is considered.
Section 7. Where there is a conflict in approving PTO selection, the highest seniority date
shall govern. Requests for PTO of one (1) or more weeks that include a major holiday shall be
granted by seniority on a rotating basis. It is also understood that individual PTO days shall not
be unreasonably denied.
Section 8. Should the employee desire to change an approved PTO, the employee may
submit the change at least thirty (30) days prior to the first (1
st
) day of the month in which the
PTO is requested.
Section 9. Approved PTO may not be changed when personnel must transfer without the
consent of the employee, in instance of layoffs, unit closings or transfers because of an
administrative decision. In each of the above instances, approved PTO requests will be honored.
When a transfer to another cost center or change in status occurs, at the employee’s request,
84
approved PTO request must be resubmitted. However, every attempt will be made to
accommodate the employee’s previously approved PTO request.
Section 10. Employees may use PTO in increments of fifteen (15) minutes or more, on a day
to day basis, with the approval of the manager/supervisor. Employees may not utilize this
minimum PTO to mask and attendance or tardiness problem.
Section 11. Time requests for individual PTO days scheduled off must be reduced to writing
on the prescribed form, and submitted to the responsible supervisor/department manager at least
twenty-one (21) calendar days in advance of the requested day. Employees will make every
effort to submit requests for such time, at least one (1) week prior to the posting of the schedule.
Management will reply indicating approval or disapproval within one (1) week of the request.
Approval is contingent upon the Employer’s ability to staff for the requested day.
Section 12. Routine time requests for individual PTO days will not be held to the maximum
limits in prime time and will be considered and granted contingent upon the Employer’s ability
to staff for the requested day. Routine time requests submitted after the above dates will be
submitted with the time requests in the time block in which they are being requested. In case of
conflict, approval of these time requests will be evenly distributed and will not be arbitrarily
denied.
Section 13. PTO schedules for employees from other bargaining units, may not interfere with
employees of this bargaining unit. PTO schedules for management employees may not interfere
with the scheduling of bargaining unit personnel.
Section 14. When the department is closed for any of the six (6) major holidays, or minimally
staffed, those employees given the holiday off will not have their PTO hours count towards any
of the maximum PTO allotments for those periods.
CWA MFH/RN
Section 1. Requests for PTO of one (1) or more consecutive weeks will be requested on the
appropriate form as follows:
a.) by November 1 of the preceding year for all time requests for February, March,
April and May;
b.) by March 1 for June, July, August and September; and
c.) by July 1 for October, November, December and January.
Multiple requests should be submitted for consideration. The requests should be prioritized and
should designate the number of weeks they are requesting off for each of the above time periods.
85
Employees will be notified of approval or denial within thirty (30) calendar days from the date
requests are due. Requests will be approved if the employee is not notified within thirty (30)
calendar days.
Requests submitted after the due dates set forth above will be considered in the order in which
they are received. Approval or denial will be as stated above or within thirty (30) calendar days
after requests are submitted. Requests will be approved if the employee is not notified within
thirty (30) calendar days.
Section 2. A minimum of one (1) week PTO (equivalent to an employee’s FTE) will be
scheduled in the period of time from the first full pay period in the PTO benefit year, through the
end of the thirteenth (13
th
) full pay period of the PTO benefit year with the following conditions.
a.) Any employee that takes carryover time during this time frame will have
been deemed to have satisfied this requirement.
b.) Employees will not be required to go into negative PTO for the purpose of
meeting this requirement.
c.) Days taken as individual PTO days will count towards meeting this
requirement.
Section 3. Annually, on August 1
st
the Employer will take a snapshot of each job title and
utilize this population snapshot to post by October 1
st
the number of PTO hours available per
week, based on the current staff’s annual PTO accrual, inclusive of any vacancies. The
standardized formula (listed below) will be utilized for PTO calculation:
a.) total of all employees annual accrual, by job title, shift and department = X;
b.) subtract from X, the annual average PTU usage for the department from
August 1 of the prior year through July 31 of the current year = Y;
c.) divide X by 52 weeks = Z;
d.) Z = minimum number of pre-approved hours per week.
Once all the hours are allocated, if there are remaining pre-approved hours greater than or equal
to half a shift of the most senior individual with an outstanding request for pre-scheduled PTO,
that individual will be granted one shift of approved PTO.
The parties agree that the number of pre-approved hours generated by the formula above shall be
presented at the September Site Staffing Committee meetings.
In all cases, a minimum of 37.5 hours per week will be approved. Once PTO is approved, the
approval list will include name of employee, the number of approved hours, all open available
hours per week and names of all employees denied PTO and the original hours requested. If
86
positions are added or deleted from a unit/department /cost center, that change the available PTO
hours, the change will be reflected in the next pre-approval period.
Section 4. When there is a conflict in PTO selection between two (2) or more employees, the
highest seniority date will govern.
Section 5. For PTO requested during the time period between June 15 and September 15, a
maximum of ten (10) PTO days or seventy-five (75) hours will be taken. For PTO requested
during the time period between December 20 and January 1, a maximum of five (5) PTO days or
thirty-seven and one-half (37½) hours will be taken. It is understood by the parties that days off
may be scheduled at the beginning and/or the end of a vacation period.
Section 6. PTO schedules for employees from other bargaining units, may not interfere with
employees of this bargaining unit. Vacation schedules for management/non-union employees
will not interfere with the scheduling of bargaining unit personnel.
Section 7. Should an employee desire to change or rescind an approved vacation, the
employee will submit the change at least thirty (30) days prior to the first day of the month in
which the vacation is requested. Resulting availability of PTO days/week(s) will be posted
immediately by the manager/supervisor for a period of two (2) weeks. Approval will be
governed by seniority. For the periods of June 15 through September 15 and December 20
through January 1, prime time vacation limits will apply.
It is understood that the employer/management may increase availability of PTO at any time as
circumstances permit.
Section 8. Approved vacations will not be changed without the consent of the employee
when personnel must transfer because of layoff, unit closings, or transfers due to an
administrative decision. In each of the above instances, approved vacation requests will be
honored. When a transfer to another cost center or change in status occurs at the employee’s
request, approved vacation requests must be resubmitted. However, every attempt will be made
to accommodate the employee’s previously approved vacation schedule.
Section 9. Employees may use PTO in increments of fifteen (15) minutes or more, on a day
to day basis, with the approval of the manager/supervisor. Employees may not utilize this
minimum PTO to mask an attendance or tardiness problem.
Section 10. Individual PTO days are to be submitted with routine time requests. It is
understood that requests for individual PTO days are given the same consideration as any routine
time requests and will not be unreasonably denied. Time requests for individual days will not
count against the maximum limits set forth in prime time.
Section 11. When the department is closed for any of the six (6) major holidays, or minimally
staffed, those employees given the holiday off will not have their PTO hours count towards any
of the maximum PTO allotments for those periods.
87
CWA MFH/PROF
Section 1. When the department is closed for the six (6) major holidays, or minimally
staffed, those employees given the holiday off shall not have these PTO hours count towards the
maximum PTO allotments allowed for prime times which include those periods.
Section 2. Requests for PTO of one (1) or more consecutive weeks shall be requested on the
appropriate form as follows:
a.) by November 1 of the preceding year for all time requests for February, March,
April and May;
b.) by March 1 for June, July, August and September; and
c.) by July 1 for October, November, December and January.
Employees shall be notified of approval or denial within thirty (30) calendar days from the date
requests are due. Requests submitted after these dates will be considered in the order in which
they are received. When there is a conflict in PTO selection between two (2) or more
employees, the highest seniority date shall govern. Any remaining open pre-scheduled time that
remains after the above cut off dates will be offered on a first come, first serve basis. If two (2)
or more requests are submitted in the same day it will be decided by seniority.
Section 3. A minimum of one (1) week PTO (equivalent to an employee’s FTE) will be
scheduled in the period of time from the first full pay period in the PTO benefit year, through the
end of the thirteenth (13
th
) full pay period of the PTO benefit year with the following conditions.
a.) Any employee that takes carryover time during this time frame will have
been deemed to have satisfied this requirement.
b.) Employees will not be required to go into negative PTO for the purpose of
meeting this requirement.
c.) Days taken as individual PTO days will count towards meeting this
requirement.
Section 4. Annually, on August 1
st
the Employer will take a snapshot of each job title and
utilize this population snapshot to post by October 1
st
the number of PTO hours available per
week, based on the current staff’s annual PTO accrual, inclusive of any vacancies. The
standardized formula (listed below) will be utilized for PTO calculation:
a.) total of all employees annual accrual, by job title, shift and department = X;
b.) subtract from X, the annual average PTU usage for the department from
August 1 of the prior year through July 31 of the current year = Y;
88
c.) divide X by 52 weeks = Z;
d.) Z = minimum number of pre-approved hours per week.
Once all the hours are allocated, if there are remaining pre-approved hours greater than or equal
to half a shift of the most senior individual with an outstanding request for pre-scheduled PTO,
that individual will be granted one shift of approved PTO.
The parties agree that the number of pre-approved hours generated by the formula above shall be
presented at the September Site Staffing Committee meetings.
In all cases, a minimum of 37.5 hours per week will be approved. Once PTO is approved, the
approval list will include name of employee, the number of approved hours, all open available
hours per week and names of all employees denied PTO and the original hours requested. If
positions are added or deleted from a unit/department /cost center, that change the available PTO
hours, the change will be reflected in the next pre-approval period.
Section 5. For PTO requested during the period of time between the full calendar week
which includes June 15 and September 15, a maximum of five (5) consecutive PTO days or
thirty-seven and one-half (37½) hours will be taken. Once every employee has been offered one
(1) week of prime time vacation, a second week of prime time will be offered by seniority.
Finally open weeks will be offered to employees in seniority order. It is understood by the
parties that days off may be scheduled at the beginning and/or end of a vacation period. For
PTO requested during the time period between December 20 and January 1, a maximum of five
(5) consecutive PTO days or thirty-seven and one-half (37½) hours will be taken for full-time
employees.
Section 6. Should an employee desire to change or rescind an approved vacation, the
employee will submit the change at least thirty (30) days prior to the first day of the month in
which the vacation is requested. Resulting availability of PTO days week(s) will be posted
immediately by manager/supervisor for a period of two (2) weeks. Approval will be governed
by seniority to those employees who were previously denied PTO. For the periods of June 15
through September 15 and December 20 through January 1, prime time vacation limits will
apply.
It is understood that the employer/management may increase availability of PTO at any time as
circumstances permit.
Section 7. Time requests for individual PTO days will not count against the maximum limits
set forth for prime time. Routine time requests submitted after the above dates will be submitted
with the time requests in the time block in which they are being requested and should not be
unreasonably denied.
89
Section 8. PTO schedules for employees from other bargaining units, may not interfere with
employees of this bargaining unit. PTO schedules for management/non-union employees will
not interfere with the scheduling of bargaining unit personnel.
Section 9. Approved PTO may not be changed without the consent of the employee when
personnel must transfer because of layoff, unit closing or transfers due to an administrative
decision. In each of the above instances, approved PTO requests will be honored. When a
transfer to another cost center or change in status occurs, at the employee’s request, approved
PTO requests must be resubmitted. However, every attempt will be made to accommodate the
employee’s previously approved PTO schedule.
Section 10. Employees may use PTO in increments of fifteen (15) minutes or more, on a day
to day basis, with the approval of the manager/supervisor. Employees may not utilize this
minimum PTO to mask and attendance or tardiness problem.
Section 11. Full weeks of PTO take priority over single days of PTO provided requests are
submitted on time. Single PTO days will be equally distributed.
Section 12. When the department is closed for any of the six (6) major holidays, or minimally
staffed, those employees given the holiday off will not have their PTO hours count towards any
of the maximum PTO allotments for those periods.
CWA MFH/TCC
Section 1. Requests for PTO of one (1) or more consecutive weeks will be requested on the
approved form as follows:
a.) by November 1 of the preceding year for all time requests for February, March,
April and May;
b.) by March 1 for June, July, August and September; and
c.) by July 1 for October, November, December and January.
Employees will be notified of approval or denial within thirty (30) calendar days from the date
requests are due. Requests will be approved if the employee is not notified within thirty (30)
calendar days.
Requests submitted after the due dates set forth above will be considered in the order in which
they are received. Approval or denial will be as stated above or within thirty (30) calendar days
after requests are submitted.
90
Section 2. A minimum of one (1) week PTO (equivalent to an employee’s FTE) will be
scheduled in the period of time from the first full pay period in the PTO benefit year, through the
end of the thirteenth (13
th
) full pay period of the PTO benefit year with the following conditions.
a.) Any employee that takes carryover time during this time frame will have
been deemed to have satisfied this requirement.
b.) Employees will not be required to go into negative PTO for the purpose of
meeting this requirement.
c.) Days taken as individual PTO days will count towards meeting this
requirement.
Section 3. Annually, on August 1
st
the Employer will take a snapshot of each job title and
utilize this population snapshot to post by October 1
st
the number of PTO hours available per
week, based on the current staff’s annual PTO accrual, inclusive of any vacancies. The
standardized formula (listed below) will be utilized for PTO calculation:
a.) total of all employees annual accrual, by job title, shift and department = X;
b.) subtract from X, the annual average PTU usage for the department from
August 1 of the prior year through July 31 of the current year = Y;
c.) divide X by 52 weeks = Z;
d.) Z = minimum number of pre-approved hours per week.
Once all the hours are allocated, if there are remaining pre-approved hours greater than or equal
to half a shift of the most senior individual with an outstanding request for pre-scheduled PTO,
that individual will be granted one shift of approved PTO.
The parties agree that the number of pre-approved hours generated by the formula above shall be
presented at the September Site Staffing Committee meetings.
In all cases, a minimum of 37.5 hours per week will be approved. Once PTO is approved, the
approval list will include name of employee, the number of approved hours, all open available
hours per week and names of all employees denied PTO and the original hours requested. If
positions are added or deleted from a unit/department /cost center, that change the available
PTO hours, the change will be reflected in the next pre-approval period.
Section 4. When there is a conflict in PTO selection between two (2) or more employees, the
highest seniority date will govern. Requests will be approved if the employee is not notified
within thirty (30) calendar days.
Section 5. For PTO requested during the time period between June 15 and September 15 and
December 20 and January 1, a maximum of ten (10) consecutive PTO days or seventy-five (75)
91
hours may be taken. It is understood by the parties that days off may be scheduled at the
beginning and/or the end of a vacation period. It is understood that individual PTO days will not
be unreasonably denied.
Section 6. PTO schedules for employees from other bargaining units, may not interfere with
employees of this bargaining unit. Vacation schedules for management/non-union employees
will not interfere with the scheduling of bargaining unit personnel.
Section 7. Should an employee desire to change or rescind an approved vacation, the
employee will submit the change at least thirty (30) days prior to the first day of the month in
which the vacation is requested. Resulting availability of PTO days/week(s) will be posted
immediately by the manager/supervisor for a period of two (2) weeks. Approval will be
governed by seniority. For the periods of June 15 through September 15 and December 20
through January 1, prime time vacation limits will apply.
It is understood that the employer/management may increase availability of PTO at any time as
circumstances permit.
Section 8. Approved vacations will not be changed without the consent of the employee
when personnel must transfer because of layoff, unit closings, or transfers due to an
administrative decision. In each of the above instances, approved vacation requests will be
honored. When a transfer to another cost center or change in status occurs at the employee’s
request, approved vacation requests must be resubmitted. However, every attempt will be made
to accommodate the employee’s previously approved vacation schedule.
Section 9. Individual PTO days are to be submitted with routine time requests, are to be
evenly distributed, and will not be unreasonably denied. Time requests for individual days will
not count against the maximum limits set forth for primetime.
Section 10. Employees may use PTO in increments of fifteen (15) minutes or more, on a day
to day basis, with the approval of the manager/supervisor. Employees may not utilize this
minimum PTO to mask and attendance or tardiness problem.
Section 11. Full weeks of PTO take priority over single days of PTO provided requests are
submitted on time.
Section 12. When the department is closed for any of the six (6) major holidays, or minimally
staffed, those employees given the holiday off will not have their PTO hours count towards any
of the maximum PTO allotments for those periods.
SEIU BGMC/SERVICE
Section 1. Requests for PTO of one (1) or more consecutive weeks shall be requested on the
appropriate form as follows:
92
a.) By November 1st of the preceding year for all time requests for January, February,
March, April and May;
b.) By March 1st for June, July, August and September; and
c.) By July 1st for October, November, December.
Requests submitted after these dates will be considered in the order in which they are received.
When there is a conflict in PTO selection between two (2) or more employees, the highest
seniority date shall govern. Employees shall be notified of approval or denial within thirty (30)
calendar days from the date requests are due.
Section 2. A minimum of one (1) week PTO (equivalent to an employee’s FTE) will be
scheduled in the period of time from the first full pay period in the PTO benefit year, through the
end of the thirteenth (13
th
) full pay period of the PTO benefit year with the following conditions.
a.) Any employee that takes carryover time during this time frame will have
been deemed to have satisfied this requirement.
b.) Employees will not be required to go into negative PTO for the purpose of
meeting this requirement.
c.) Days taken as individual PTO days will count towards meeting this
requirement.
Section 3. No more than two (2) weeks of PTO may be scheduled by any employee during
the prime time period of June 15 to September 15 and also commencing the last full week in
December through January 1st. It is understood by the parties that days off may be scheduled at
the beginning and/or the end of a vacation period. It is understood that individual PTO days will
not be unreasonably denied.
Section 4. PTO schedules for employees from other bargaining units, may not interfere with
employees of this bargaining unit. Vacation schedules for management and non-union
employees may not interfere with the scheduling of bargaining unit personnel.
Section 5. Should an employee desire to change an approved vacation, the employee should
submit the change at least thirty (30) days prior to the first day of the month in which the
vacation is requested. The employee's request shall be accommodated if possible.
Section 6. Approved vacations may not be changed when personnel must transfer, without
the consent of the employee; in instance of layoff, unit closings or transfers because of an
administrative decision. In each of the above instances, approved vacation requests will be
honored. When a transfer to another cost center or change in status occurs, at the employee's
request, approved vacation requests must be resubmitted. However, every attempt will be made
to accommodate the employee's previously approved vacation schedule.
Section 7. Full weeks of PTO take priority over single days of PTO provided requests are
submitted on time.
93
Section 8. Employees may use PTO in increments of fifteen (15) minutes or more, on a day
to day basis, with the approval of the manager/supervisor. Employees may not utilize this
minimum PTO to mask and attendance or tardiness problem.
SEIU MFH/SERVICE AND MAINTENANCE
Section 1. Requests for PTO of one (1) or more consecutive weeks shall be requested on the
appropriate form as follows:
a.) By November 1st of the preceding year for all time requests for, February, March,
April and May;
b.) By March 1st for June, July, August and September; and
c.) By July 1st for October, November, December and January.
Employees are encouraged to submit multiple requests, the request should be prioritized, and
employees should designate the maximum number of weeks they are requesting off for each of the
above time periods.
Requests submitted after these dates will be considered in the order in which they are received.
When there is a conflict in PTO selection between two (2) or more employees, the highest
seniority date shall govern. Employees shall be notified of approval or denial within thirty (30)
calendar days from the date requests are due.
Section 2. A minimum of one (1) week PTO (equivalent to an employee’s FTE) will be
scheduled in the period of time from the first full pay period in the PTO benefit year, through the
end of the thirteenth (13
th
) full pay period of the PTO benefit year with the following conditions.
a.) Any employee that takes carryover time during this time frame will have been
deemed to have satisfied this requirement.
b.) Employees will not be required to go into negative PTO for the purpose of
meeting this requirement.
c.) Days taken as individual PTO days will count towards meeting this
requirement.
Section 3. A maximum of two (2) weeks PTO based on the FTE of the Employee may be
taken during the period beginning with the workweek in which June 1
st
falls and ending the
workweek in which August 31
st
falls. A maximum of one (1) week of PTO based on the FTE of
the employee may be taken during the last two (2) weeks in December through the first week in
January. It is understood by the parties that days off may be scheduled at the beginning and/or the
end of a vacation period. It is understood that individual PTO days will not be unreasonably
denied.
94
Section 4. PTO schedules for employees from other bargaining units, may not interfere with
employees of this bargaining unit. Vacation schedules for management and non-Union
employees may not interfere with the scheduling of bargaining unit personnel.
Section 5. Should an employee desire to change an approved vacation, the employee should
submit the change at least four (4) weeks prior to the time block which included the vacation
period. The employee’s request shall be accommodated if possible. Resulting availability of
PTO week(s) may be posted immediately by the manager/supervisor for a period of one (1)
week. Approval will be governed by seniority.
Section 6. Approved vacations may not be changed when personnel must transfer, without
the consent of the employee; in instance of layoff, unit closings or transfers because of an
administrative decision. In each of the above instances, approved vacation requests will be
honored. When a transfer to another cost center or change in status occurs, at the employee's
request, approved vacation requests must be resubmitted. However, every attempt will be made
to accommodate the employee's previously approved vacation schedule.
Section 7. Full weeks of PTO take priority over single days of PTO provided requests are
submitted on time.
Section 8. Employees may use PTO in increments of fifteen (15) minutes or more, on a day
to day basis, with the approval of the manager/supervisor. Employees may not utilize this
minimum PTO to mask and attendance or tardiness problem.
SEIU WCHOB RN/LPN
Section 1. PTO will be scheduled in compliance with employee preference subject to
the needs of the Hospital. PTO schedules for employees from other bargaining units, may
not interfere with employees of this bargaining unit. Unit Management and non-union
employees will not be included on the PTO schedule with the staff of the unit.
Section 2. Previously approved vacation may not be changed without the consent of
the employee when an employee transfers to another unit within WCHOB.
Section 3. Should an employee desire to change approved PTO, the employee must
submit the change by the date that time requests are to be submitted for the next schedule.
Section 4. If an employee has a pre-approved vacation scheduled and is absent on
approved DBL or Workers' Compensation at the time that the PTO week occurs, he/she
may request to bid on an open week on the schedule. Such new request must be
submitted prior to the posting of the time schedule for the requested period of PTO.
Section 5. Individual PTO days will be requested at the normal request time and if approved
will take precedence over a regular day off. Employees may use PTO in increments of fifteen
95
(15) minutes or more, on a day to day basis, with the approval of the manager/supervisor.
Employees may not utilize this minimum PTO to mask and attendance or tardiness problem.
Section 6. An employee covered by this agreement may request to take one (1) PTO
day on a weekend except during designated prime time. At least one such request wil1 be
granted per twenty four (24) hours except in the NICU where one requests will be granted per
shift. All requests will be determined by seniority.
Section 7. PTO in segments of full weeks will be limited to two (2) weeks total time
during prime time.
a.) Prime time will be Memorial Day week through Labor Day Week for a
Registered Nurse
b.) Prime time for an LPN will be from July 1 - Labor Day
Section 8. A week of PTO is equal to the hours the employee is hired to work.
a.) A schedule for full week units containing time slots available in the
following calendar year will be posted in each unit by November 1. The
time available will be evenly spaced throughout the year with
sufficient openings to accommodate 70% of the PTO time in weekly
increments in the unit. A minimum of one slot per week will be made
available. An employee will be required to bid a minimum of 50% but
no more than 70% of their time.
b.) By November 15, the manager will post the schedule of vacation
selection appointments. Appointments are scheduled in descending
seniority order. A slot refers to the number of shifts of PTO time
available on the clinical unit, which is the equivalent of one FTE on
that unit. A partial slot is an individual shift of vacation time within a
slot. In any unit where LPN's currently select PTO separately, this
practice will continue.
c.) Preference in selecting PTO time in each unit will be in accordance
with seniority provided an employee designates his/her desired PTO
requests at the date and time indicated.
d.) Round 1: Each Employee will be able to pick 50% of their PTO
allotment by descending seniority order. Round 2: An employee may
choose to select an additional 20% but not more than 70% of their total
PTO allotment by descending seniority throughout the year. Round 3:
An employee who has not selected any vacation during prime time
may, at a 3rd sign up period, select partial PTO slots that are available
throughout the year but in no more than 2 weeks during prime time. A
maximum of 2-week PTO/FTE equivalents may be converted to use as
individual days in the third bidding process. Eligible employees will
96
make selections in this 3rd sign up period in descending seniority
order. Selections will not affect normal weekend requirements in
those units with a regular weekend work rotation. The total number of
slots or partial slots will not be increased or decreased by this process
that will be completed by December 15th. Weekend employees may
pre-schedule PTO during this third bidding process.
e.) After December 15, an employee may exercise seniority only for unfilled time
periods or periods that later become vacant on the PTO schedule which are a
full week or more. Unfilled slots will remain posted on the unit. Requests for
any remaining unfilled weeks or weeks that become available will be posted
for seven days and then granted by seniority. Requests for individual days that
remain will be granted by seniority.
f.) The manager or designee will approve the employee's request for
vacation time in writing at the time of selection.
g.) At no time will any employee be able to schedule more than two (2) full
weeks during Prime-time.
Section 9. A minimum of one (1) week PTO (equivalent to an employee’s FTE) will be
scheduled in the period of time from the first full pay period in the PTO benefit year, through the
end of the thirteenth (13
th
) full pay period of the PTO benefit year with the following conditions.
a.) Any employee that takes carryover time during this time frame will have
been deemed to have satisfied this requirement.
b.) Employees will not be required to go into negative PTO for the purpose of
meeting this requirement.
c.) Days taken as individual PTO days will count towards meeting this
requirement.
Section 10. Full weeks of PTO take priority over single days of PTO provided requests are
submitted on time.
SEIU WCHOB PROFESSIONAL
Section 1. The Union and the Employer are aware that there are differences in how each
department schedules time off. It is the intent of this Agreement that these practices shall
continue for the life of this Agreement. However, if a majority of bargaining unit employees in a
department vote to amend the existing practice, the Employer and the Union agree to address any
resulting proposal to amend said practice through the Labor Management Committee process.
97
Section 2. Requests for PTO of one (1) or more consecutive weeks shall be requested on the
appropriate form. When there is a conflict in PTO selection between two (2) or more employees,
the highest seniority shall govern.
Section 3. Vacation schedules for management and non-union employees may not interfere
with the scheduling of bargaining unit employees.
Section 4. PTO requests will not be unreasonably denied.
Section 5. Should an employee desire to change an approved vacation, the employee must
submit the change at least thirty (30) days prior to the first day of the scheduled vacation.
Section 6. When a transfer to another cost center or change in status occurs, approved
vacation requests must be resubmitted. However, every attempt will be made to accommodate
the employee’s previously approved vacation schedule.
Section 7. A minimum of one (1) week PTO (equivalent to an employee’s FTE) will be
scheduled in the period of time from the first full pay period in the PTO benefit year, through the
end of the thirteenth (13
th
) full pay period of the PTO benefit year with the following conditions.
a.) Any employee that takes carryover time during this time frame will have
been deemed to have satisfied this requirement.
b.) Employees will not be required to go into negative PTO for the purpose of
meeting this requirement.
c.) Days taken as individual PTO days will count towards meeting this
requirement.
Section 8. Employees may use PTO in increments of fifteen (15) minutes or more, on a day
to day basis, with the approval of the manager/supervisor. Employees may not utilize this
minimum PTO to mask and attendance or tardiness problem.
Section 9. Full weeks of PTO take priority over single days of PTO provided requests are
submitted on time.
Section 10. PTO schedules for employees from other bargaining units, may not interfere with
employees of this bargaining unit. PTO schedules for management employees may not interfere
with the scheduling of bargaining unit personnel.
SEIU NURSE PRACTITIONER
Section 1. The Union and the Employer are aware that there are differences in how each
department schedules time off. It is the intent of this Agreement that these practices shall
continue for the life of the Agreement. However, if a majority of bargaining unit employees in a
98
department vote to amend the existing practice, the Employer and the Union agree to address any
resulting proposal to amend said practice through the Labor Management Committee process.
Section 2. Requests for PTO of one (1) or more consecutive weeks shall be requested on the
appropriate form. When there is a conflict in PTO selection between two (2) or more employees,
the highest seniority shall govern. However, when there is a conflict in PTO selection in
departments where there are only two (2) employees and where both have more than five (5)
years or more of seniority, the less senior employee will receive first selection in alternate years.
Section 3. Vacation schedules for management and non-union employees may not interfere
with the scheduling of bargaining unit employees.
Section 4. PTO requests will not be unreasonably denied.
Section 5. Should an employee desire to change an approved vacation, the employee must
submit the change at least thirty (30) days prior to the first day of the scheduled vacation.
Section 6. When a transfer to another cost center or change in status occurs, approved
vacation requests must be resubmitted. However, every attempt will be made to accommodate
the employee's previously approved vacation schedule.
Section 7. A minimum of one (1) week PTO (equivalent to an employee’s FTE) will be
scheduled in the period of time from the first full pay period in the PTO benefit year, through the
end of the thirteenth (13
th
) full pay period of the PTO benefit year with the following conditions.
a.) Any employee that takes carryover time during this time frame will have
been deemed to have satisfied this requirement.
b.) Employees will not be required to go into negative PTO for the purpose of
meeting this requirement.
c.) Days taken as individual PTO days will count towards meeting this
requirement.
Section 8. Full weeks of PTO take priority over single days of PTO provided requests are
submitted on time.
Section 9. Under no circumstances may any PTO under this contract be used in increments
of less than fifteen (15) minutes. Employees may not utilize this minimum PTO to mask an
attendance or tardiness problem.
Section 10. PTO schedules for employees from other bargaining units, may not interfere with
employees of this bargaining unit. Vacation schedules for management and non-union
employees may not interfere with the scheduling of bargaining unit personnel.
99
SEIU WCHOB TECHNICAL
Section 1. Request for PTO days/weeks are selected within the Calendar year by employees
in seniority order from the highest to lowest seniority. Employees will pick PTO equivalent to
their employment status. Employees are allowed to pick two full weeks of PTO in the first
selection process: except that employees may pick any amount of time during January 2 - March
31.
Section 2. After all employees pick their first two full weeks, then the remaining time (full
weeks or single days) will be picked in the second round by order of seniority.
Section 3. Only two weeks may be picked during prime-time, unless after the first round
pick, Prime-time weeks are still available.
Section 4. PTO requests must be submitted in writing for the first round by November 15th
and the second round by January 15th. Managers will provide written approval as soon as
practicable but no later than December 15th and February 15 respectively. After submission of
written requests, the department manager or designee will speak with each employee in order of
seniority. During the discussion the employee will be told if the PTO they requested has already
been filled. If so, the employee will be informed of available PTO and employee may make an
alternate choice of available PTO and get immediate approval.
Section 5. A minimum of one (1) week PTO (equivalent to an employee’s FTE) will be
scheduled in the period of time from the first full pay period in the PTO benefit year, through the
end of the thirteenth (13
th
) full pay period of the PTO benefit year with the following conditions.
a.) Any employee that takes carryover time during this time frame will have
been deemed to have satisfied this requirement.
b.) Employees will not be required to go into negative PTO for the purpose of
meeting this requirement.
c.) Days taken as individual PTO days will count towards meeting this
requirement.
Section 6. Requests will be granted in seniority order except when an employee with certain
competencies is required and no employee with less seniority is qualified.
Section 7. If an employee leaves (quits or on DBL, WC or on a Leave), resigns or is
terminated or otherwise vacates her/his position the weeks of approved PTO that employee has
chosen will be posted if staffing allows additional time off and a new selection process based on
seniority and including these weeks must take place
Section 8. A PTO calendar will be posted for employees to view throughout the year and
must be kept updated. After the second round of PTO selection, any incidental days/weeks of
PTO will be granted on a first come first serve basis.
100
Section 9. Full weeks of PTO take priority over single days of PTO provided requests are
submitted on time.
Section 10. An employee may bid on any open week or switch PTO days by mutual consent
with another employee if he/she is out on DBL or Workers Compensation during the period of
his/her previously approved PTO,
Section 11. In a situation where a department closes for a holiday, a part-time employee must
request an additional day off if they choose to reduce their work week. Without this request, the
manager will schedule such holiday as a regular day off for that week, provided it is not a
required holiday for the employee to work.
Section 12. Requests for single PTO days will be approved or denied on the PTO approval
form. Any employee who has been denied single PTO requests two or more times, will have the
option to request a review by the site staffing committee.
Section 13. If an employee changes job titles or shifts every effort will be made to maintain
the approved PTO.
Section 14. PTO schedules for employees from other bargaining units, may not interfere with
employees of this bargaining unit. Time off for per diems, temporary employees, management,
non-union and agency employees may not affect the approval of PTO for bargaining unit
employees.
Section 15. Employees may use PTO in increments of fifteen (15) minutes or more, on a day
to day basis, with the approval of the manager/supervisor. Employees may not utilize this
minimum PTO to mask and attendance or tardiness problem.
SEIU BUSINESS OFFICE CLERICAL
Section 1. The Union and the Employer are aware that there are differences in how each
department schedules time off; it is the intent of this Agreement that these practices shall
continue for the life of this Agreement.
Section 2. Requests for PTO of one (1) or more consecutive weeks shall be requested on the
appropriate form. When there is a conflict in PTO selection between two (2) or more employees,
the highest seniority shall govern. Employees shall be notified of approval or denial within thirty
(30) calendar days from the date requests are due. It is also understood that individual PTO days
will not be unreasonably denied.
Section 3. PTO schedules for employees from other bargaining units, may not interfere with
employees of this bargaining unit. Vacation schedules for management and non-union
employees may not interfere with the scheduling of bargaining unit employees.
Section 4. Should an employee desire to change an approved vacation, the employee must
submit the change at least thirty (30) days prior to the first day of the scheduled vacation.
101
Section 5. When a transfer to another cost center or change in status occurs, approved
vacation requests must be resubmitted. However, every attempt will be made to accommodate
the employee’s previously approved vacation schedule.
Section 6. Full weeks of PTO take priority over single days of PTO provided requests are
submitted on time.
Section 7. A minimum of one (1) week PTO (equivalent to an employee’s FTE) will be
scheduled in the period of time from the first full pay period in the PTO benefit year, through the
end of the thirteenth (13
th
) full pay period of the PTO benefit year with the following conditions.
a.) Any employee that takes carryover time during this time frame will have
been deemed to have satisfied this requirement.
b.) Employees will not be required to go into negative PTO for the purpose of
meeting this requirement.
c.) Days taken as individual PTO days will count towards meeting this
requirement.
Section 8. Employees may use PTO in increments of fifteen (15) minutes or more, on a day
to day basis, with the approval of the manager/supervisor. Employees may not utilize this
minimum PTO to mask and attendance or tardiness problem.
SEIU WCHOB CLERICAL
Section 1. The Union and the Employer are aware that there are differences in how each
department schedules time off; it is the intent of this Agreement that these practices shall
continue for the life of this Agreement.
Section 2. Requests for PTO of one (1) or more consecutive weeks shall be requested on the
appropriate form. When there is a conflict in PTO selection between two (2) or more employees,
the highest seniority shall govern. Employees shall be notified of approval or denial within thirty
(30) calendar days from the date requests are due. It is also understood that individual PTO days
will not be unreasonably denied.
Section 3. PTO schedules for employees from other bargaining units, may not interfere with
employees of this bargaining unit. Vacation schedules for management and non-union
employees may not interfere with the scheduling of bargaining unit employees.
Section 4. Should an employee desire to change an approved vacation, the employee must
submit the change at least thirty (30) days prior to the first day of the scheduled vacation.
102
Section 5. When a transfer to another cost center or change in status occurs, approved
vacation requests must be resubmitted. However, every attempt will be made to accommodate
the employee’s previously approved vacation schedule.
Section 6. Full weeks of PTO take priority over single days of PTO provided requests are
submitted on time.
Section 7. A minimum of one (1) week PTO (equivalent to an employee’s FTE) will be
scheduled in the period of time from the first full pay period in the PTO benefit year, through the
end of the thirteenth (13
th
) full pay period of the PTO benefit year with the following conditions.
a.) Any employee that takes carryover time during this time frame will have
been deemed to have satisfied this requirement.
b.) Employees will not be required to go into negative PTO for the purpose of
meeting this requirement.
c.) Days taken as individual PTO days will count towards meeting this
requirement.
Section 8. Employees may use PTO in increments of fifteen (15) minutes or more, on a day
to day basis, with the approval of the manager/supervisor. Employees may not utilize this
minimum PTO to mask and attendance or tardiness problem.
SEIU WCHOB SERVICE AND MAINTENANCE
Section 1. Requests for PTO of one (1) or more consecutive weeks shall be requested on the
appropriate form as follows:
a.) By November 1st of the preceding year for all time requests for, February, March,
April and May;
b.) By March 1st for June, July, August and September; and
c.) By July 1st for October, November, December and January.
Requests submitted after these dates will be considered in the order in which they are received.
When there is a conflict in PTO selection between two (2) or more employees, the highest
seniority date shall govern. Employees shall be notified of approval or denial within thirty (30)
calendar days from the date requests are due.
103
Section 2. A minimum of one (1) week PTO (equivalent to an employee’s FTE) will be
scheduled in the period of time from the first full pay period in the PTO benefit year, through the
end of the thirteenth (13
th
) full pay period of the PTO benefit year with the following conditions.
a.) Any employee that takes carryover time during this time frame will have
been deemed to have satisfied this requirement.
b.) Employees will not be required to go into negative PTO for the purpose of
meeting this requirement.
c.) Days taken as individual PTO days will count towards meeting this
requirement.
Section 3. PTO will be limited to two (2) weeks total time for any employee during the
prime time from June 15
th
through Labor Day. It is understood by the parties that days off may
be scheduled at the beginning and/or the end of a vacation period. It is understood that individual
PTO days will not be unreasonably denied.
Section 4. PTO schedules for employees from other bargaining units, may not interfere with
employees of this bargaining unit. Vacation schedules for management and non-union
employees may not interfere with the scheduling of bargaining unit personnel.
Section 5. Should an employee desire to change an approved vacation, the employee should
submit the change at least thirty (30) days prior to the first day of the month in which the
vacation is requested. The employee's request shall be accommodated if possible.
Section 6. Approved vacations may not be changed when personnel must transfer, without the
consent of the employee; in instance of layoff, unit closings or transfers because of an
administrative decision. In each of the above instances, approved vacation requests will be
honored. When a transfer to another cost center or change in status occurs, at the employee's
request, approved vacation requests must be resubmitted. However, every attempt will be made
to accommodate the employee's previously approved vacation schedule.
Section 7. Full weeks of PTO take priority over single days of PTO provided requests are
submitted on time.
Section 8. Employees may use PTO in increments of fifteen (15) minutes or more, on a day
to day basis, with the approval of the manager/supervisor. Employees may not utilize this
minimum PTO to mask an attendance or tardiness problem.
IUOE DEGRAFF MAINTENANCE DEPARTMENT
Section 1. Requests for PTO of one (1) or more consecutive weeks shall be requested on the
appropriate form as follows:
104
a.) by November 1
st
of the preceding year for all requests from January 1
st
to March
31
st
;
b.) by January 1
st
for all requests from April 1
st
to June 30
th
,
c.) by March 1
st
for all requests from July 1
st
to September 30
th
,
d.) by July 1
st
for all requests from October 1
st
to December 31
st
.
Requests submitted after these dates will be approved based on availability of weeks left to
schedule after all requests that were received on time have been approved and scheduled.
Employees will be notified of approved PTO no later than two (2) weeks after the cutoff dates
outlined above. All time requests shall be scheduled subject to the staffing requirements of the
department.
Section 2. A minimum of one (1) week PTO (equivalent to an employee’s FTE) will be
scheduled in the period of time from the first full pay period in the PTO benefit year, through the
end of the thirteenth (13
th
) full pay period of the PTO benefit year with the following conditions.
a.) Any employee that takes carryover time during this time frame will have
been deemed to have satisfied this requirement.
b.) Employees will not be required to go into negative PTO for the purpose of
meeting this requirement.
c.) Days taken as individual PTO days will count towards meeting this
requirement.
Section 3. For PTO requests during the period of time between May 15
th
to September 15
th
at least one (1) week will be granted. All requests for a second week of vacation during this time
period shall be considered and granted, if possible, before any individual’s request for three (3)
weeks or more is considered.
Section 4. Where there is a conflict in approving PTO selection, the highest seniority date
shall govern. Requests for PTO of one (1) or more weeks that include a major holiday shall be
granted by seniority on a rotating basis. If a regularly scheduled weekend to work falls during a
scheduled period, such weekend must be made up, based upon departmental/unit needs. The
department/unit’s weekend staffing schedule may need to be adjusted to accommodate vacations,
as per Master Agreement Article 12, Hours of Work and Work Schedules.
Section 5. Should the employee desire to change an approved vacation, the employee should
submit the change at least thirty (30) days prior to the first (1
st
) day of the month in which the
vacations is requested.
Section 6. Requests for the use of incidental PTO of less than one (1) week must be
submitted by the first work day of the week preceding the work week in which the time is
105
requested. A reasonable attempt will be made to act upon such requests for one (1) or more
days, one (1) week in advance. Once scheduled, PTO for one (1) or more days will not be
rescheduled unless there is a valid need, and the employee is notified as soon as practicable.
Under no circumstances may any PTO under this contract be used in increments of less than
fifteen (15) minutes. Employees may not utilize this minimum PTO to mask an attendance or
tardiness problem.
Article 28
Flexible Benefit Plan
Section 1. The Employer will make available to full-time and part-time employees a flexible
benefit plan. The flexible benefit plan includes the following options:
a.) Kaleida Health Spectrum of Choices Health Plan;
b.) Kaleida Health Dental Plan;
c.) Health Care Flexible Spending Account;
d.) Dependent Care Flexible Spending Account;
e) Employee Supplement Life Insurance;
f.) Dependent Life Insurance (Spouse/Child);
g.) Supplemental Accidental Death & Dismemberment Insurance;
h.) Long Term Disability Insurance.
Section 2. The Flexible Benefit Plan is an IRS Section 125 Cafeteria Plan. Employee
elections may be made when employees become eligible or during the annual open enrollment
period. Elections may be changed only during open enrollment periods, or within thirty (30)
days of a qualified family status change as defined by the Internal Revenue Service.
Section 3. Employee contributions to health plan premiums, dental plan premiums and the
medical and dental flexible spending accounts will be deducted from employees’ pay on a pre-
tax basis. Employee contributions to supplemental life, dependent life, accidental death and
dismemberment and long term disability insurance will be deducted from employees’ pay on an
after-tax basis.
Section 4. Flexible Spending Accounts:
Employees may contribute pre-tax dollars from their pay to a health care and/or dependent care
flexible spending account, up to the maximum amount allowable by law. Plan participants will
be reimbursed for eligible expenses as defined in the plan document.
Section 5. Accidental Death & Dismemberment (AD&D):
Employees may elect AD&D coverage for themselves and eligible dependents. This coverage
supplements any employer-provided AD&D coverage.
Section 6. Long Term Disability:
Employees may elect long term disability insurance for themselves. Plan descriptions are
available in all Human Resource departments.
106
Section 7. The Employer will provide all employees who participate in a group life
insurance, group Long Term Disability and Group Health Insurance with a plan description from
the provider.
Section 8. Employees may elect to purchase additional supplemental short term disability
insurance for themselves. Policy descriptions are available from the insurance provider. Short
term disability, premiums will be deducted from employees’ pay on an after tax basis.
Article 29
Medical and Prescription Drug Benefits
Section 1. The Employer will continue to provide the Premium medical and prescription
drug plan available to all eligible full-time and part-time employees covered by this Agreement
hired prior to the effective date of this successor agreement. Additionally, employees hired prior
to August 1, 2013 will have the option to participate in the Master Align Plan on a voluntary
basis during open enrollment. Employees hired prior to August 1, 2013 will not be required to
join the Master Align Plan.
The parties agree that Management may design and offer an incentive program to employees
hired prior to August 1, 2013 to voluntarily enroll in the Master Align Plan. The parties agree to
meet and negotiate over the design of any offered incentive plan.
Thereafter, all employees hired after August 1, 2013 shall be provided medical and prescription
drug coverage under the Master Align Plan as detailed in section 16 herein.
Section 2. The Kaleida Health Spectrum of Choices Plan is administered by a third party
administrator (TPA) for the medical benefits and a pharmacy benefit manager (PBM) will
manage the prescription drug plan. The Employer will not change the medical plan provisions or
benefits without the mutual consent of the Union.
Section 3. Eligible employees may apply for the medical and prescription drug coverage at the
time of employment, when they transfer to an eligible status, within thirty (30) days of a qualified
family status change, or during the annual open enrollment period held each Fall with coverage
becoming effective the following January 1. An eligible employee may select single or family
coverage.
Section 4. Coverage will begin on the first day of the month following or coinciding with
completion of sixty (60) calendar days of employment for new hires. Employees may elect to begin
coverage on the following January 1 provided the employee has already completed sixty (60) days of
employment. An eligible employee may select single or family coverage. Employees may elect to
begin coverage the first of the month following hire by incurring one hundred (100%) percent of the
group plan cost.
107
Section 5. For employees who transfer to an eligible status, eligibility for coverage begins on the
first day of the month following the status change, provided the employee has already completed sixty
(60) calendar days of employment. Employees may elect to begin coverage the first of the month
following transfer by incurring one hundred (100%) percent of the group plan cost.
Section 6. Employees who terminate employment with Kaleida for any reason will continue their
medical and prescription drug coverage to the last day of the month of termination. Deductions will
be taken from the employee’s final pay check.
Section 7. The Employer will contribute toward the cost of medical and prescription drug
coverage a percentage amount based on the employee’s employment status as outlined below:
a.) Full-time single 93.17%
b.) Full-time family 95.5%
c.) Part-time single 77.6%
d.) Part-time family 79.6%
Effective January 1, 2012, BGH RN and TCC Bargaining Unit employees hired into the
bargaining unit on or before July 12, 2005 and currently grandfathered in medical and
prescription drug plan contributions, will contribute twenty-five percent (25%) of the dollar
amount outlined in a.), b.), c.) and d.) above.
Section 8. For employees hired after ratification of this agreement, the Employer will contribute
toward the cost of medical and prescription drug coverage a percentage amount based on the
employee’s employment status as outlined below:
Full-time single 80%
Full-time family 80%
Part-time single 77.6%
Part-time family 79.6%
At Open Enrollment (January 1
st
effective date) following their third year anniversary date:
Full-time single 85%
Full-time family 85%
Part-time single 77.6%
Part-time family 79.6%
At Open Enrollment (January 1
st
effective date) following their fifth year anniversary date:
Full-time single 93.17%
Full-time family 95.5%
Part-time single 77.6%
Part-time family 79.6%
Contributions to premium payments by the Employer shall not begin until the first of the month
following sixty (60) days of employment. For changes in employment status, employee
contributions will begin/change on the first day of the month following the status change.
Section 9. Employees who retire from Kaleida Health will be eligible to participate in the
health plan they are enrolled in at time of retirement or switch to Medicare plan offered by the
108
same carrier of the plan they participate in at time of retirement subject to the insurance
company’s underwriting requirements. The retiree will be responsible for one hundred percent
(100%) of the cost of the plan. The exception shall be as follows:
a.) Employees of the DeGraff Memorial Hospital, Technical/Clerical/Service bargaining
unit, with fifteen (15) years of service and who have attained age forty-five (45) and
those employees with (10) years of service and have attained age fifty-one (51) as of
December 31, 1995 will be entitled to health insurance coverage into retirement in the
same method as in existence for active employees.
b.) Full-time employees of the DeGraff Memorial Hospital, Maintenance bargaining unit
with a hire date of May 31, 1993 who retire, will be entitled to health insurance
coverage into retirement. The Employer will contribute thirty percent (30%) toward the
premium payments of retiree health insurance. Such Employer contributions shall be
based on the annual rates of the lowest cost plan offered.
Section 10. All employees covered by this Agreement and hired before August 1, 2011 will
be eligible to waive medical coverage and elect to receive a $60.00 opt-out cash payment for
full-time employees and part-time employees. This cash payment will be applied to the first two
(2) pay periods of each month (twenty-four [24] pay periods per year). Employees must
complete the enrollment process and elect the opt-out credit in order to receive these payments.
Employees who have a spouse working for Kaleida and who are covered under the spouse’s
Kaleida family health insurance will not be eligible to receive the opt-out payment.
Section 11. A five hundred dollar ($500) inpatient hospital co-pay will be incurred at all non-
Kaleida facilities with the following exceptions:
a.) Kaleida doesn’t offer the service;
b.) in an Emergency can go to the nearest hospital;
c.) if an out of town emergency occur;
d.) Roswell Park Cancer Institute services.
Section 12. The following prescription drug co-pays will apply:
Tier 1 Tier 2 Tier 3
a.) Kaleida Health facility $5 $15 $35
b.) Non-Kaleida Health facility $10 $20 $40.
c.) Mail Order Pharmacy $20 $40 $80
Diagnostic laboratory testing performed at a non-Kaleida facility and not at a doctor’s office will be
subject to a $15 copay.
Section 13. The following prescription drug co-pays will apply to the Master Align Plan:
Tier 1 Tier 2 Tier 3
a.) Kaleida Health facility $0 $15 $35
b.) Non-Kaleida Health facility $5 $20 $40
109
c.) Mail Order Pharmacy $10 $40 $80
The mail order program and maintenance drug program will continue at the three (3) months of
prescription for two (2) months of co-pay level and must be filled by the carrier recommended Mail
Order Program.
Section 14. During the life of this Agreement all employees and their covered dependents who
participate in the Master Align Plan, may submit invoice(s) or detailed receipt(s) to the Employee
Benefits Department for a reimbursement for copay expenses as detailed in the chart contained in
Section 16.
(For example: An employee who chooses to go to a PCP in the BC/BS WNY Network that has a $30
co-pay shall be reimbursed $15).
a.) PCP Office visits within the BC/BS WNY Network
b.) Specialist Office visits within the BC/BS WNY Network
c.) Outpatient surgery services within the Optimum Choice Network
d.) Diagnostic x-rays including MRI within the Optimum Choice Network
e.) Occupational, Speech, and Physical Therapy services within the BC/BS WNY
Network
f.) Emergency Room visits
g.) Emergency Ambulance services (medically necessary)
h.) Urgent Care Visits within the Optimum Choice Network
Section 15. The Employer and the Unions agree that the Medical Plan Awareness Committee will
meet for the purpose of resolving issues relative to problems that may arise from the medical and
prescription drug plan, in particular the Premium Medical and Prescription Drug Plan and the Master
Align Plan. Committee meetings will be held on a quarterly basis.
Agenda items may include but are not limited to, the following:
• concerns pertaining to member enrollment
• incentives
• benefit levels
• provider network capacity
• member/provider utilization rates and access
Committee members that will be invited to committee meetings will include, but are not limited
to, Kaleida Health Director of Employee Benefits or designee; bargaining unit employees;
representatives from each of the affected Unions; representatives from Blue Cross/Blue Shield;
and current physician providers in the plan. Employees who are union representatives will be
excused from work with pay and benefits to attend the committee meetings, in accordance with
Article 72, Committees.
110
Section 16. Medical Plan Designs
Benefit Level
Premium Medical and Prescription
Drug Plan Design
Master Union Align Plan Design
In-Network
Out-of-Network
Optimum Choice
Flexible Choice
Out of Network
Up Front
Refund
Up Front
Refund
Up Front
Refund
Deductible
N/A
$250/$500
N/A
$1000/$2000
$1000/$2000
Coinsurance
N/A
20%
N/A
25%
25%
OOP Maximum
$6,350 single/
$12,700 Family
$2,000/$4,000
$2,500/$5,000
$2,500/$5,000
$2,500/$5,000
Medical Services
PCP Office Visits
$20
Ded/Coinsurance
$20
N/A
$35
$15
Ded/Coinsurance
Specialist Office visits
$20
Ded/Coinsurance
$35
$15
$65
$45
Ded/Coinsurance
Preventative Office Visits & Immunizations
$0
Ded/Coinsurance
$0
N/A
$0
N/A
Ded/Coinsurance
Diagnostic x-rays, including MRI
$20
Ded/Coinsurance
$30
$10
Ded/Coinsurance
Ded/Coinsurance
Laboratory testing *
$0
Ded/Coinsurance
$0
N/A
Ded/Coinsurance
Ded/Coinsurance
Occupational, speech, physical therapy
$15
Ded/Coinsurance
$30
$15
$30
$15
Ded/Coinsurance
111
Chiropractor Office Visits
$15
Ded/Coinsurance
$30
$15
$30
$15
Ded/Coinsurance
Hospital Care
Inpatient $500 First Family Discount
$500
Ded/Coinsurance
$500
N/A
Ded/Coinsurance
Ded/Coinsurance
Outpatient surgery facility
$15
Ded/Coinsurance
$75
$60
Ded/Coinsurance
Ded/Coinsurance
Emergency room visit (waived if admitted)
$75
$75
$120
$45
$120
$45
$120
$45
Emergency ambulance (medically necessary)
$75
$75
$120
$45
$120
$45
$120
$45
Other Services
Durable medical equipment
50%
Ded/50%
50%
50%
Ded/50%
Annual maximum
$1,000
$1,000
Home health care
$15
Ded/Coinsurance
$15
N/A
Ded/Coinsurance
Ded/Coinsurance
Orthotics
Not covered
Not covered
Not covered
Not covered
Not covered
Urgent Care
$45
$45
$60
$15
Ded/Coinsurance
Ded/Coinsurance
Away from Home Guest Membership
Not Available
Not Available
Available
Prescription Drugs
Kaleida Pharmacy (30 day supply)
$5 Family First Discount on all copays
$5/$15/$35
Not covered
$0/$15/$35
N/A
N/A
Retail Pharmacy
$10/$20/$40
Not covered
$5/$20/$40
N/A
N/A
Mail Order Pharmacy (90 day supply)
$20/$40/$80
Not covered
$10/$40/$80
N/A
N/A
* Diagnostic Laboratory Testing
For Diagnostic laboratory testing that is performed at a Non-Kaleida Health location and not performed at a doctor’s office see
Section 12 – a $15 co-pay will apply
Article 30
Dental Benefits
Section 1. The Employer will make available to all full-time and part-time employees the
following coverage through the Kaleida Health Dental Plan:
a.) 100% preventive;
b.) 100% basic restorative;
c.) fifty percent (50%) major restorative;
d.) fifty percent (50%) orthodontics with a $1,000.00 lifetime maximum per person;
e.) $1,250.00 annual maximum; and
f.) two fluoride treatments per year
Section 2. Eligible employees may apply for coverage at the time of employment, when they
transfer to an eligible status, within thirty (30) days of a qualified family status change, or during
the annual open enrollment period held each Fall with coverage becoming effective January 1.
An eligible employee may select single or family coverage.
Section 3. Coverage will begin on the first day of the month following completion of sixty
(60) calendar days of employment for new hires. Employees may elect to begin coverage on the
first day of the month following date of hire, provided the employee has already completed sixty
(60) calendar days of employment if they pay the full cost.
Section 4. For employees who transfer to an eligible status, eligibility for coverage begins on
the first day of the month following the status change, provided the employee has already
completed sixty (60) calendar days of employment. Otherwise, coverage begins on the first day
of the month following sixty (60) days of employment.
Section 5. For all employees enrolled in the Kaleida Health Dental Plan and employees hired
after July 31, 2011 enrolled in the Service Employees Benefit Fund (SEBF), the Employer will
pay thirty-five percent (35%) of the cost of the premium for employees who select single and ten
percent (10%) family coverage in the following bargaining units:
a.) DeGraff Memorial Hospital Professional bargaining unit;
b.) DeGraff Memorial Hospital RN bargaining unit;
c.) DeGraff Memorial Hospital Technical/Clerical/Service bargaining unit;
d.) DeGraff Memorial Hospital Maintenance bargaining unit;
e.) Millard Fillmore Hospital Laboratory Professional bargaining unit;
f.) Millard Fillmore Hospital Laboratory TCC bargaining unit;
g.) Millard Fillmore Hospital RN bargaining unit;
h.) Millard Fillmore Hospital Technical/Clerical bargaining unit;
i.) Buffalo General Hospital Professional bargaining unit;
j.) Women’s and Children’s Hospital of Buffalo Clerical bargaining unit;
k.) Women’s and Children’s Hospital of Buffalo Nurse Practitioner bargaining unit;
l.) Women’s and Children’s Hospital of Buffalo Professional bargaining unit;
m.) Women’s and Children’s Hospital of Buffalo Technical bargaining unit;
n.) Kaleida Health Business Office Clerical bargaining unit.
Section 6. For employees enrolled in the Kaleida Health Dental Plan, the Employer will pay
eighty-five percent (85%) of the cost of the premium for employees who select single coverage
113
and thirty-five percent (35%) of the cost of the premium for employees who select family
coverage for employees in the following bargaining units:
a.) Buffalo General Hospital RN bargaining unit;
b.) Buffalo General Hospital Technical/Clerical bargaining unit.
Section 7. For Buffalo General Hospital SEIU Service/Maintenance bargaining unit
employees hired before August 1, 2011 enrolled in the Service Employees Benefit Fund (SEBF)
dental coverage, the Employer will continue to pay for full-time employees until one hundred
percent (100%) of the cost of the single premium and fifty percent (50%) of the cost of the
individual plus one and family premium.
Section 8. For Millard Fillmore Hospital SEIU Service/Maintenance bargaining unit
employees hired before August 1, 2011 enrolled in the SEBF dental and vision coverage the
Employer will continue to pay for full-time employees eighty percent (80%) of the cost of the
single premium and sixty percent (60%) of the cost of the individual plus one and family
premium. The Employer will pay nothing toward the premium for part-time employees.
Section 9. The Employer will pay the premium rates listed below to the SEBF benefit fund
for the life of this Agreement for employees hired before August 1, 2011 in the following
bargaining units:
a.) Women & Children’s Hospital of Buffalo RN bargaining unit;
b.) Women & Children’s Hospital of Buffalo LPN bargaining unit; and
c.) Women & Children’s Hospital of Buffalo Service & Maintenance bargaining unit
The monthly Employer contribution rates are as follows:
WCHOB RN bargaining unit:
Coverage
Monthly Contribution
Single
$21.77
Single and one (1) dependent
$23.75
Family
$27.75
Employer Maximum Annual Contribution
$151,698.00
WCHOB LPN bargaining unit:
Coverage
Monthly Contribution
Single
$21.77
Single and one (1) dependent
$21.77
Family
$40.00
Employer Maximum Annual Contribution
$23,276.00
114
WCHOB Service & Maintenance bargaining unit:
Coverage
Monthly Contribution
Single
$21.77
Single and one (1) dependent
$39.73
Family
$62.50
Employer Maximum Annual Contribution
$77,500.00
Section 10. Contributions to premium payments by the Employer shall begin the first of the
month, following sixty (60) days of employment. For changes in employment status, employee
contributions will begin on the first day of the month following the status change.
Section 11. Coverage for dependents will be extended to the end of the month following the
attainment of the age of 26 on the Kaleida Health Dental Plan.
Article 31
Hospital Discounts
Section 1. All eligible employees and their dependents will be provided a health services
discount by the Employer.
a.) Eligible employees will be defined as all full-time, part-time, per diem, laid-off
and retired employees, including those on an approved leave of absence, who
have completed their probationary period.
b.) Dependents will be defined as spouse/domestic partner, children, stepchildren,
father, mother, stepfather, stepmother, sister, brother, stepsister, stepbrother,
father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-
in-law, grandparent and grandchild.
Section 2. Health service discounts shall be provided as follows:
Covered by Medical/ Not Covered by Medical/
Dental/Vision Insurance Dental/Vision Insurance
Hospital Room 100% discount on difference 100% discount on difference
between private and semi- between private and semi-
private room private room.
Inpatient Services Inpatient deductible is waived 40% discount.
when using a Kaleida Health
facility up to a maximum of
$500.
Four (4) free valet parking
passes.
115
Free television service.
Cafeteria discount passes.
Pharmacy $5 reduction on co-pays for all
prescriptions filled at a
Kaleida Health Retail Pharmacy.
Maintenance drug prescriptions
will be filled for a three (3)
month time frame for a two (2)
month co-pay.
Over-the-counter medications Over-the-counter medications
available at cost plus 10% if available at cost plus 10% if
purchased by employees at purchased by employees at
a Kaleida Health Retail a Kaleida Health Retail
participating pharmacy or participating pharmacy
gift shop. or gift shop.
15% discount on retail price of 15% discount on retail price of
over-the-counter medications at over-the-counter medications at
Kaleida Health Retail Kaleida Health Retail
Pharmacy. Pharmacy.
Outpatient Services 75% discount on services not 40% discount, including
covered by insurance. emergency department.
Eye Clinics Optical services excluded. Optical services excluded.
Discount applied to charges
not covered by medical
or vision insurance.
Dental Clinics Orthodontia and certain Orthodontia and certain
major restorative major restorative
services excluded. services excluded.
Home Covered Services 40% discount on services not 40% discount.
covered by insurance.
Insurance Copayments, 40% discount on amounts over N/A
Coinsurance and Deductibles $15. Copayments of $15 and
under waived with proof of
eligibility.
Section 3. There will be no telephone rental service charge for employees and dependents.
All long distance charges will be paid for by the employee or dependent.
Section 4. The discounts do not apply to:
a.) Physicians’ charges;
b.) Elective cosmetic surgery;
116
c.) Orthodontia, certain major restorative dental services, or purchased dental
appliances including dentures;
d.) In-vitro fertilization;
e.) Experimental procedures;
f.) Medical devices;
g.) Personal services;
h.) or any service which is not supplied by the Employer.
Section 5. Employee discounts will be processed as outlined below:
a.) the employee and/or eligible dependent should present his/her Family First ID
card to the Patient Registration Representative at the time of registration notifying
the representative that he/she is a Kaleida Health employee or dependent of a
Kaleida Health employee;
b.) if the employee and/or eligible dependent does not inform the Patient Registration
Representative that he/she is a Kaleida Health employee or dependent, the
employee must complete an employee discount request form and present it to the
Cashier’s Office with a copy of the bill;
c.) the Cashier will calculate the discount and request payment for the remaining
balance if applicable.
The process for using the Kaleida Health Family First plan and the accompanying benefit
summary will be included in the employee annual enrollment process.
Article 32
Life Insurance
Section 1. The Employer will provide, without cost to the employee and in accordance with
the provisions of a standard group life insurance program, coverage under a group life insurance
policy and coverage under a group accidental death and dismemberment (AD&D) insurance
policy. Each policy provides coverage that is equal to one (1) times annual base salary (rounded
to the next higher one thousand dollars [$1,000]) for all active full-time and part-time employees
having one (1) or more years of continuous employment.
Section 2. The coverage amount for part-time employees will be computed based on annual
budget hours for the position times the hourly rate rounded to the next higher one thousand
dollars ($1,000).
Section 3. The Employer shall make available to all employees eligible for the group life
insurance plan, an optional Supplemental and Dependent Life Insurance plan. Employees will
pay the full cost of any option they select.
a.) Eligible employees may obtain additional life insurance on themselves or
purchase life insurance coverage on their spouse, dependent children, domestic
117
partner, or any combination of the above in accordance with the provisions of the
policy and subject to the underwriting requirements established by the insurance
company.
b.) The employee, through payroll deduction, shall pay all supplemental life
insurance premiums.
c.) Upon termination, the employee has the right to convert such supplemental
insurance to an individual subscribership, in accordance with the provisions of the
policy and subject to the underwriting requirements established by the insurance
company.
d.) The Employer reserves the right to change carriers at any time subject to
reasonable notice to the union provided such change does not result in a decrease
of benefits.
Article 33
Retirement Plan
Section 1. Employees covered by this Agreement will continue to receive pension benefits
under the following plans:
a.) Kaleida Health Pension Growth Plan:
1.) BGH - PROF
2.) BGH – RN
3.) BGH - SERVICE
4.) BGH – TCC
5.) DMH-PROF
6.) DMH – RN
7.) DMH – TCCS
8.) MFH – PROF
9.) MFH – RN
10.) MFH - SERVICE
11.) MFH – TCC
12.) WCHOB – Clerical
13.) WCHOB – NP
14.) WCHOB – PROF
15.) WCHOB – Technical
16.) WCHOB – Extended Role Nurses
17.) Kaleida Health – Business Office Clerical
b.) IUOE Central Pension Fund Plan:
1.) DMH – Maintenance.
118
c.) 1199 SEIU Regional Pension Fund:
1.) WCHOB – RN
2.) WCHOB – LPN
3.) WCHOB – SM
d.) 1.) BGH – SERVICE*
2.) MFH – SERVICE*
3.) WCHOB – CLERICAL*
4.) WCHOB – NP*
5.) WCHOB – PRO*
6.) WCHOB – TECHNICAL*
7.) WCHOB – EXTENDED ROLE NURSES*
8.) Kaleida Health – BUSINESS OFFICE CLERICAL*
* For new hired employees hired after ratification of this agreement
Section 2. For the purposes of this Article the Kaleida Health Pension Growth Plan consists
of:
a.) Cash Balance formula;
b.) Buffalo General Hospital legacy formula;
c.) Millard Fillmore Hospital legacy formula ;
d.) DeGraff Memorial Hospital legacy formula.
Section 3. It is agreed that the retirement plans in existence for each of the bargaining units
covered by this Master Agreement, will continue without change except as outlined below.
Section 4. Effective January 1, 2009 the legacy formulas will be closed to new entrants.
New hires and rehired employees will participate in the cash balance provisions of the Kaleida
Health Pension Growth Plan. Any employee employed by Kaleida Health on or prior to
December 31, 2008 who is currently eligible to earn a benefit in one of the legacy formulas listed
above, will continue to accrue a benefit under this formula and is referred to as a “legacy formula
employee”.
Section 5. Effective January 1, 2009, the following provisions will be followed with respect
to the movement of employees between bargaining units:
a.) If a legacy formula employee transfers from one covered bargaining unit into
another bargaining unit covered under this Agreement, the employee will remain
in the current legacy formula.
b.) If a legacy formula employee transfers from a non-union position into a
bargaining unit covered under this Agreement, the employee will remain in the
current legacy formula.
c.) If a legacy formula employee transfers from a bargaining unit covered under this
Agreement into any non-union position, the employee will enter the cash balance
119
provisions of the Plan and no longer be considered a legacy formula employee.
He/she will retain his/her legacy formula benefit and will begin to earn a benefit
under the cash balance formula effective on the date of the transfer.
d.) If a legacy formula employee transfers from a bargaining unit covered under this
Agreement to a union position not covered under this Agreement, the employee
will no longer be considered a legacy formula employee. He/she will retain
his/her legacy formula benefit and will begin to earn a benefit under the plan
applicable to the new bargaining unit.
e.) If an employee transfers from a bargaining unit covered under this Agreement to a
union position within the I.U.O.E. under this agreement, the employee will no
longer be eligible to participate in the previous retirement plan. He/she will retain
their vested benefit and after probation will begin to earn a benefit under the
Central Pension Fund (CPF).
Section 6. As of January 1, 2009 employees will no longer be able to contribute to tax
sheltered annuity (TSA) programs other than the Kaleida Health Savings/Investment Plan.
Section 7. SEIU 1199 Regional Pension Plan:
For those employees participating in the Regional Pension Plan the Employer agrees to
contribute the following to the 1199 SEIU Multi Employer Pension Plan:
a.). All Employer contributions to the 1199 SEIU Regional Pension Fund as set forth in
this agreement shall be due and payable on the 15
th
of the month, pursuant to the terms of the Pension
Fund’s Collection Policy and if requested by the Pension Fund, using remittance reports furnished by
the Pension Fund or remittance forms otherwise agreed to by the Employer and Pension Fund.
The Pension Fund shall be administered pursuant to provisions of an Agreement and
Declaration of Trust, any restatements of or amendments to such Agreement and Declaration of Trust,
policies, rules and regulations established by its Trustees. Such Agreement and Declaration of Trust,
rules, regulations and policies, including Collections Policy, of such Pension Fund together with any
restatements or amendments thereto, are incorporated herein by reference as if fully set forth herein.
The Agreement and Declaration of Trust, the Pension Fund’s Collection Policy and all other rules,
regulations and policies of the Pension Fund govern and supersede any inconsistent provision of this
Agreement.
All monies paid into and/or due and owing the Pension Fund required by this collective
bargaining agreement will be vested and remain exclusively in the Trustees of the Pension Fund;
outstanding and withheld contributions constitute plan assets.
b.) The Employer agrees to enroll each bargaining unit employee using the Fund’s
enrollment Card and forward it to the Fund Office as soon as possible after date of hire.
120
c.) The Employer agrees to provide the Fund office each bargaining unit employee’s full
name, address, Social Security Number, date of hire, employment status and date of birth no later
than the fifteenth (15
th
) of the following month following the date of hire.
The Employer agrees it is required to pay monthly contributions for all bargaining unit
employees who have completed their probationary period (if any), or 90 days, whichever is sooner.
Further, the employer is required to tender contributions on such bargaining unit employees for all
hours paid.
The Employer agrees it is required to pay monthly contributions for eligible newly hired
bargaining unit employees after successful completion of their probationary period (if any)
commencing at the time referenced in Section 1.
Years of Service
Contribution Amount
Employees in Sec. 1 d) above hired after ratification
1.25% of Compensation
All Employees hired after 12/31/ 08 in Sec. 1, (a) (b) (c)
3% of Compensation
Employees hired prior to 1/1/09 with less than 25 years of service
4.5% of Compensation eff.
1/1/2015
Employees with 25 years of service or greater*
5% of Compensation
* Years of service are determined as of 12/31 of the previous year.
Section 8. The Employer agrees to contribute $2.39 per hour based on all hours worked per
employee to the IUOE Central Pension Fund until May 31, 2017. Effective June 1, 2017, the
Employer will contribute $2.45 per hour based upon all hours worked per employee to the IUOE
Central Pension Fund. Effective June 1, 2018, the Employer will contribute $2.51 per hour based
on all hours worked per employee to the IUOE Central Pension Fund.
No age requirement is necessary to start participation into the Central Pension Fund (CPF).
Members are eligible to participate in the Central Pension Fund (CPF) on the first day after
completing probation. A vested interest is obtained when you have completed 5 years of vesting
service with at least 1000 hours of credited future service (1200 hours are required if your initial
participation date was before January 1, 1982). 1000 hours and over reported in a calendar year
is equal to 1 year of credited future service. The minimum hours needed in a calendar year for
credited future service is 400. If the hours reported for you in a calendar year are less than 400,
you do not earn any credited future service for that year. However, the contributions and hours
reported for you will be included in your record and used in calculating your benefit at
retirement.
Section 9. Effective upon ratification of this Agreement, the Kaleida Health Pension Growth
Plan will be amended as follows. Employees who retire (as defined as the plan) at age 55 or
older, with twenty (20) years of vested service, will be allowed to utilize up to one (1) year of
accumulated ESB hours as compensation to extend their service credits beyond the twenty (20)
years. It is understood that in the case of employees under the Cash Balance provisions, the
accumulated ESB hours up to one (1) year will be translated into Pay Credits.
121
Section 10. The Employer and the Union agree to continue the Pension Awareness
Committee. The committee will be composed of two (2) union representatives from each of the
Kaleida Health Pension Growth Plans and an equal number of Employer representatives
inclusive of the Director of Employee Benefits, with the understanding that additional
representatives will be invited as the agenda dictates. This committee will meet quarterly for the
purpose of:
a.) providing assistance to the employees who are currently enrolled in a pre-
merger TSA that must evaluate and make a determination regarding
conversion to the Lincoln Alliance 403(b);
b.) creating an education program for employees as to the benefits available
under the various retirement formulas available in the Kaleida Pension
Growth Plan;
c.) reviewing each of the formulas available under the Kaleida Health Pension
Growth Plan and compare components of the formulas that include but are
not limited to:
1.) changing demographics under each of the plans;
2.) annual contributions and funding levels;
3.) early retirement penalties;
4.) survivor and beneficiary options;
5.) all components of the benefit formula;
6.) evaluating issues related to Extended Sick Bank conversion at
retirement; and
7.) determining costs related to increasing Employer contributions into cash
balance formula as well as increasing the Employer match into the 403(b)
plan.
Section 11. Effective January 1, 2015, all employees who are eligible to participate in the
Kaleida Health Pension Growth Plan in the cash balance formula are eligible to receive
Employer matching contributions in the Kaleida Health Savings/Investment Plan as follows:
a.) Kaleida Health will match up to fifty percent (50%) for the first four percent (4%) of
qualified earnings an employee contributes to the plan.
Article 34
Transitional Return to Work Program
Section 1. A transitional return to work program has been established and shall be available
for those employees who become physically unable to perform the full scope of their current job
for a specified amount of time due to illness or injury that results in an approved NYSDBL, or
Workers’ Compensation claim.
122
Section 2. When an employee, currently inactive in a disability or workers’ compensation
status, is deemed able to return to work with restrictions by the employees’ private medical
doctor or when an employee is physically unable to perform the full scope of their job for a
limited duration; the Integrated Absence Department shall coordinate assignments of transitional
duty as follows:
a.) Based on the medical documentation provided or medical documentation obtained
by the disability/workers’ compensation adjuster or the Integrated Absence
Specialist , the Employer may request a return to work physical or Fit for Duty
Exam (FFDE).
b.) When required, the Employee Health Service provider will perform the return to
work physical, within five (5) calendar days of such request to determine the
appropriateness for placement of the employee into transitional duty or full duty.
c.) When an employee on disability or workers’ compensation leave is ready to
return to work, the disability/workers’ compensation adjuster will determine in
conjunction with the employee’s attending physician, specific restrictions or
diminished work capabilities, stated in a way that the specific accommodations
can be made. The disability/workers’ compensation adjuster will contact the
Integrated Absence Specialist to provide them with the information needed to
arrange for a return to work, including the employee’s work restrictions and the
duration of the restrictions.
d.) The initial assignment of transitional duty will be for a period not to exceed six
(6) weeks and renewable for a second six (6) week period. If an employee’s
restrictions require an extension of these time frames, such extension must be
accompanied by appropriate medical documentation from a physician indicating
the restrictions as well as the projected full duty return to work date. The Union
(s) will be advised of any such extension. The maximum duration of a
transitional duty assignment will not exceed six (6) months.
e.) Assignment to a transitional duty position will be at the employee's current base
rate of pay, and category of employment, in a corporate priority project, site
priority project, in the employee’s home department, or in other departments at
the employee’s site as determined by the Corporate Integrated Absence Specialist.
f.) It is understood that an employee’s restriction may require that he/she work less
hours than the normal category of employment requirements. In that instance, the
category of employment requirements will be waived. If an employee works in a
transitional duty capacity and disability or workers’ compensation payments are
reduced or eliminated, the employee will be entitled to banked time from their
Extended Sick Bank to ensure a full pay check. The employee and the Employer
may mutually agree to waive the shift requirement.
123
g.) The Employer shall provide a minimum of three (3) days written notice to the
employee of the requirement to return to work.
h.) If an employee is a candidate for transitional duty and the work assignment is
made suitable to his/her physical condition, skill and qualification, that employee
must report to work in that position. If the assignment is at another site, reporting
to work at that site is optional. The Integrated Absence Specialist must be
advised if the employee opts not to report to a site other than his/her own.
i.) Regardless of the work assignment all benefits and provisions of the employee's
collective bargaining agreement will apply.
Section 3. An employee on transitional duty will not be used to cover a vacant position
unless the employee is released to perform all of the assigned duties of that position. Employees
in transitional duty assignments pursuant to the provisions of this Article shall not be counted or
considered in the staffing grids for a department, unless the transitional duty employee is able to
perform the full scope of the work.
Section 4. The Employer will maintain a record of transitional duty assignments. The
record will be reviewed each year in January, March, June, and September as an agenda item on
the Oversight Committee agenda. Recommendations to improve and/or modify the program will
be made by the committee.
Section 5. If there is a disagreement between the employee’s attending physician and the
Employee Health Department and/or an Independent Medical Examiner in regard to ability to
return to work under a transitional duty assignment the parties agree to the selection of an
independent third party review that will be considered a final and binding medical determination
as to the employee’s ability to return to work under the provisions of this Article.
This third party medical review will be performed at the expense of the Employer and shall be
conducted as a fitness for duty and/or functional capacity medical exam by a medical provider
mutually selected by the employee’s physician and the Employee Health Department or its
representatives as soon as possible, but no longer than thirty (30) days from the date the
disagreement was identified.
In the event the employee is determined by the independent third party to be able to return to
work under the provisions of this Article and the employee fails to do so, the employee shall be
considered to have broken seniority pursuant to the provisions of Article 50 of this Agreement.
Article 35
Leave of Absence
Section 1. A leave of absence without pay may be granted to all full-time and part-time
employees covered by this agreement after one (1) year of continuous employment for the
following reasons:
124
a.) compelling personal;
b.) educational purposes;
c.) union business;
d.) extended personal illness; and
e.) Union Family Leave
f.) per the Family and Medical Leave Act.
Section 2. Leaves of absence shall not exceed six (6) consecutive months in duration.
Employees may request a six (6) consecutive month extension before the end of the original six
(6) month period. A request for leave of absence will not be denied arbitrarily. Requests for a
leave of absence for maternity reasons will be granted. Requests for a leave of absence will not
be approved for an employee who is working for another Employer, unless the second job was
held prior to the leave request or in a business owned by the employee, during the course of the
leave of absence.
Section 3. An employee’s application for a leave of absence must be made in writing to their
supervisor, and except cases of emergency, must be submitted at least thirty (30) calendar days
in advance of the date the leave is requested to begin and a response will be provided to the
employee within seven (7) calendar days. The request must include the beginning and ending
dates of the leave being requested. If the request is granted it shall be the employee’s
responsibility to arrange for coverage of the cost of any employee benefit programs they wish to
continue during the leave of absence. The Employer will not contribute toward the cost of any
employee benefit program other than basic life insurance while an employee is on a leave of
absence, with the exception of a leave of absence under the FMLA (see Section 8 below).
Failure to make such arrangements with the Corporate Benefits Department will be cause for the
Employer to terminate the benefits during the leave of absence.
Section 4. Leaves of absence will be granted automatically to eligible employees in the case
of a workers’ compensation of disability dispute; however granting of the leave is contingent
upon certification of workers’ compensation or disability. An employee requesting a leave of
absence for extended personal illness will be entitled to one leave of absence no longer than six
(6) months in duration. Upon return to work from such leave, the employee will be returned to a
position of equal rank and status if such a position is available. Every reasonable effort will be
made for an employee to return to the position held when the leave began. If there is no such
position, the employee would then be placed on layoff status.
Section 5. Emergency leaves of absence will be granted upon request in the following
circumstances:
a.) to pregnant employees where there is a potential threat to the employee’s
pregnancy;
b.) serious illness or injury of an immediate family member, domestic partner or
dependent; and
c.) for a death in the immediate family, including domestic partner.
125
Section 6. Employees (7 for CWA, 5 for SEIU and 2 for IUOE) who are elected or
appointed to office in the Union which represents the employees in the bargaining unit covered
by this Agreement will be granted a leave of absence. Such leave of absence shall be without
pay, without loss of seniority, and with continuation of health insurance, life insurance,
retirement and dental benefits. Employees on such leave shall not be eligible to participate in the
403 (b) program. It is the employee's responsibility to arrange for coverage, pay for any
applicable premiums and arrange for the coverage of any deductions usually taken from salary
checks for these benefits and failure to make such arrangements with the Human Resources
Department will be cause for the Employer to terminate the benefits during the leave of absence.
Application for a leave of absence under this section shall be made as outlined in Section 2.
above. The employee will return to last prior position. If the position has been filled, the least
senior employee on the unit, in the same job title, category and shift will be subject to layoff.
Section 7. The granting of a leave of absence will protect the employee’s hire date for all
purposes for which a hire date is used. If an employee returns from a leave of absence within
ninety (90) days, or up to a semester for an educational leave, from the effective date of the
leave, then he/she will be returned to his/her original position. If an employee returns after
ninety (90) days, or up to a semester for an educational leave, from the effective date of the
leave, then he/she will be returned to a position of equal rank and status if such a position is
available. Every reasonable effort will be made for an employee to return to the position held
when the leave began. If there is no such position, the employee would then be placed on layoff
status. It is understood that once an employee is on layoff status, that employee will be entitled
to all recall rights outlined in the Article 43, Seniority. An employee returning from a leave of
absence should contact their department head and Human Resources at least seven (7) calendar
days prior to the expected return date to determine whether a suitable position is available.
Section 8. The returning employee may need to obtain medical clearance from the
Employer’s Employee Health physician, or designee, prior to returning to work following a leave
of absence. If an employee is not medically cleared to return to work, they will be eligible to
apply for New York State Disability. Employees returning to work following a leave of absence
for other than personal illness shall obtain medical clearance only if they missed their yearly
health screens while on leave. Employees returning to work from a leave of absence must make
arrangements with the Corporate Benefits Department to re-enroll in their benefits.
Section 9. Failure to return to work on the first work day following expiration of a leave of
absence or an extension thereof, will be considered as a voluntary termination of employment,
period for which the employee is receiving New York State Disability benefits.
Section 10. Employees who take a leave of absence may return to work prior to the scheduled
expiration date of the leave after complying with Sections 7. and 8. above.
Section 11. Union Family Leave
a.) An unpaid personal leave of up to twelve (12) weeks during any twelve (12)
month period related to a family medical necessity, for employees covered by this
Agreement. Family medical necessity will be defined as:
126
(1) For a birth, or placement of a child with the employee for adoption or
foster care and to care for such new child.
(2) In order to provide care for a son, daughter, spouse, parent, or domestic
partner who has been diagnosed with a “serious health condition”.
(3) For a leave for the employee's own "serious health condition", if the
condition makes the employee unable to perform the daily functions of
his/her position.
b.) Leaves of absence will be granted under the provisions of the Union Family
Leave after the employee has reached 1250 hours of service, inclusive of all paid
time off, and union representation time, paid or unpaid, during the twelve (12)
month period preceding the leave. The form to be utilized in applying for all
leaves should be obtained from Human Resources.
When an employee on Union Family Leave becomes eligible for benefits under
the Family and Medical Leave Act (FMLA), see section 12, the employee will no
longer be eligible for benefits under the Union Family Leave. Any additional
leave time will be administered under the provisions of FMLA.
c.) The following definitions shall be applicable:
(1) Son or daughter – a biological, adopted or foster child, step child, legal
ward or child of a person standing in “loco parentis,”.
(2) Dependent – a person who the employee will claim as a dependent on
their federal income tax for the year in which the leave is taken.
(3) Serious health condition – an illness, injury, impairment or physical or
mental condition involving either:
(a) Inpatient Care involving at least an overnight stay in a hospital,
hospice or residential medical care facility. Union Family Leave
based on this portion of the definition also extends to any period of
“incapacity” (defined as inability to work due to the serious health
condition or recovery from that condition), and any subsequent
treatment (including examinations to determine the existence of a
serious health condition), in connection with the inpatient care.
OR
(b) Continuing Treatment by a health care provider. Union Family
Leave based on this portion of the definition is available in any one
or more of the circumstances described in (A) – (E) below:
127
(A) A period of incapacity of more than three (3) consecutive
calendar days and any subsequent treatment or period of incapacity
relating to the same condition that also involves:
(i) treatment two or three times by a health care provider (or
by others, under the supervision of or on orders of or
referral by a health care provider), or
(ii) treatment by a health care provider on at least one occasion
that results in a regiment of continuing treatment (e.g., a
course of prescription medication or therapy requiring
special equipment) under the supervision of the health care
provider.
(B) Any period of incapacity due to pregnancy, or for prenatal
care.
(C) Any period of incapacity, or treatment for such incapacity,
due to a chronic serious health condition, which is defined as one
that:
(i) requires periodic visits to a health care provider;
(ii) continues over an extended period of time; and
(iii) may cause episodic rather than a continuing period of
incapacity (e.g., asthma, diabetes, epilepsy, etc.).
(D) A period of incapacity which is permanent or long term due
to a condition for which treatment may not be effective. The
employee or family member, dependent must be under the
continuing supervision or, but need not be receiving active
treatment by, a health care provider. (Examples include
Alzheimer, severe stroke, or the terminal stages of a disease).
(E) Any period of absence to receive multiple treatments
(including any period of recovery) by a health care provider (or
under orders of, or on referral by, a health care provider), either for
restorative surgery after an accident or injury, or for a condition
that if left untreated would likely result in a period of incapacity of
more than three (3) consecutive calendar days, such as cancer
(chemotherapy, radiation, etc.), severe arthritis (physical therapy),
and kidney disease (dialysis).
d.) An eligible health care provider could be a doctor of medicine, an osteopathic
doctor, a podiatrist, a dentist, a clinical psychologist, an optometrist, a
128
chiropractor (for certain conditions), a nurse practitioner or nurse midwife, or
certain Christian Scientist practitioners.
e.) An employee may take intermittent leave or may work a reduced leave schedule
to reduce the usual number of hours per day or work week, as provided for by the
Union Family Leave. Prior approval, of the leave will be required. An approved
request for intermittent Union Family Leave is active for a maximum of one (1)
year and must be reapproved if intermittent leave is still needed. The employee
may periodically be required to provide re-certification of the need for
intermittent Union Family Leave, but not greater than once in a thirty (30) day
period. The Employer will require medical certification of a serious health
condition from the employee’s physician. Once the leave is certified, Corporate
Benefits shall have the sole responsibility for requiring re-certification. Failure to
provide medical certification when required may result in denial of the leave.
f.) A “rolling” twelve (12) month period measured backward from the date an
employee uses any Union Family Leave is used to determine the “twelve (12)
month period” in which the twelve (12) weeks of leave entitlement occurs.
g.) Eligibility for leave based upon the birth or adoption of a child expires at the end
of the twelve (12) month period beginning on the date of birth or placement.
h.) In cases where the leave is foreseeable, the employee must provide the Employer
with at least thirty (30) days advance notice of the leave. If the leave must begin
in less than thirty (30) days, the employee should notify the Employer at the
earliest time possible. If an employee fails to provide thirty (30) days’ notice for
a foreseeable leave with no reasonable excuse for the delay, the leave may be
denied until at least thirty (30) days from the day notice is provided.
i.) Employees on a leave of absence granted under the provisions of the Union
Family Leave for illness of a family member will be entitled to medical and dental
insurance coverage for a period of twelve (12) weeks if such employees are
currently participating in the medical and dental plans. The twelve (12) week
period of jointly paid health insurance, will include any period of disability for
which the Employer has paid its share of the health insurance premiums.
j.) Any employee on a leave of absence granted under the provisions of the Union
Family Leave for a period not to exceed twelve (12) weeks will be returned to
his/her job at the end of the leave. If the leave exceeds twelve (12) weeks, he/she
will be returned to a position of equal rank and status.
k.) The time period for any period of absence which is covered by Union Family
Leave shall include and run concurrently with NYS Disability or Workers
Compensation.
129
l.) Care for Relative in the Armed Forces
A qualifying employee (reached 1250 hours of service, inclusive of all paid time-
off and union representation time, paid or unpaid, during the twelve (12) month
period preceding the leave) will be permitted to take up to twenty-six (26) work
weeks of unpaid leave during a twelve month period to care for a spouse, child,
parent, domestic partner, dependent or next of kin in the Armed Forces (including
the reserves and National Guard) who is undergoing medical treatment,
recuperation, therapy, is otherwise in an outpatient status, or is otherwise on
temporary disability retired list, for a serious injury or illness. The injury or
illness must have occurred on active duty and may render the service member
medically unfit to perform the duties of the service member’s office, grade, or
rating.
Section 12. Family and Medical Leave Act (FMLA)
a.) An unpaid personal leave of up to twelve (12) weeks during any twelve (12)
month period related to a family medical necessity, for employees covered by this
Agreement, will be granted under the provisions of the Family and Medical Leave
Act of 1993 and this collective bargaining agreement. Family medical necessity
will be defined as:
(1) For a birth, or placement of a child with the employee for adoption or
foster care and to care for such new child.
(2) In order to provide care for a son, daughter, spouse, parent, who has been
diagnosed with a “serious health condition”.
(3) For a leave for the employee's own "serious health condition", if the
condition makes the employee unable to perform the daily functions of
his/her position.
If an employee’s spouse is also an employee, each may take twelve (12) weeks of leave as
provided herein.
b.) Leaves of absence will be granted under the provisions of the Family and Medical
Leave Act of 1993 under the same terms and mechanisms outlined in Sections 1.
and 2. or after the employee has reached 1250 hours of service, inclusive of paid
union representation time during the twelve (12) month period preceding the
leave. The form to be utilized in applying for all leaves should be obtained from
Human Resources.
c.) The following definitions shall be applicable:
(1) Son or daughter – a biological, adopted or foster child, step child, legal
ward or child of a person standing in “loco parentis,”.
(2) Dependent – a person who the employee will claim as a dependent on
their federal income tax for the year in which the leave is taken.
130
(3) Serious health condition – an illness, injury, impairment or physical or
mental condition involving either:
(a) Inpatient Care involving at least an overnight stay in a hospital,
hospice or residential medical care facility. FMLA leave based on
this portion of the definition also extends to any period of
“incapacity” (defined as inability to work due to the serious health
condition or recovery from that condition), and any subsequent
treatment (including examinations to determine the existence of a
serious health condition), in connection with the inpatient care.
OR
(b) Continuing Treatment by a health care provider. FMLA leave
based on this portion of the definition is available in any one or
more of the circumstances described in (A) – (E) below:
(A) A period of incapacity of more than three (3) consecutive
calendar days and any subsequent treatment or period of incapacity
relating to the same condition that also involves:
(i) treatment two or three times by a health care provider (or
by others, under the supervision of or on orders of or
referral by a health care provider), or
(ii) treatment by a health care provider on at least one occasion
that results in a regiment of continuing treatment (e.g., a
course of prescription medication or therapy requiring
special equipment) under the supervision of the health care
provider.
(B) Any period of incapacity due to pregnancy, or for prenatal
care.
(C) Any period of incapacity, or treatment for such incapacity,
due to a chronic serious health condition, which is defined as one
that:
(i) requires periodic visits to a health care provider;
(ii) continues over an extended period of time; and
(iii) may cause episodic rather than a continuing period of
incapacity (e.g., asthma, diabetes, epilepsy, etc.).
131
(D) A period of incapacity which is permanent or long term due
to a condition for which treatment may not be effective. The
employee or family member or dependent must be under the
continuing supervision or, but need not be receiving active
treatment by, a health care provider. (Examples include
Alzheimer, severe stroke, or the terminal stages of a disease).
(E) Any period of absence to receive multiple treatments
(including any period of recovery) by a health care provider (or
under orders of, or on referral by, a health care provider), either for
restorative surgery after an accident or injury, or for a condition
that if left untreated would likely result in a period of incapacity of
more than three (3) consecutive calendar days, such as cancer
(chemotherapy, radiation, etc.), severe arthritis (physical therapy),
and kidney disease (dialysis).
d.) An eligible health care provider could be a doctor of medicine, an osteopathic
doctor, a podiatrist, a dentist, a clinical psychologist, an optometrist, a
chiropractor (for certain conditions), a nurse practitioner or nurse midwife, or
certain Christian Scientist practitioners.
e.) An employee may take intermittent leave or may work a reduced leave schedule
to reduce the usual number of hours per day or work week, as provided for by the
FMLA. Prior approval, as per the FMLA, will be required. An approved request
for intermittent FMLA leave is active for a maximum of one (1) year and must be
reapproved if intermittent leave is still needed. The employee may periodically
be required to provide re-certification of the need for intermittent FMLA leave,
but not greater than once in a thirty (30) day period. The Employer will require
medical certification of a serious health condition from the employee’s physician.
Once the leave is certified, Corporate Benefits shall have the sole responsibility
for requiring re-certification. Failure to provide medical certification when
required may result in denial of the leave.
f.) A “rolling” twelve (12) month period measured backward from the date an
employee uses any FLMA leave is used to determine the “twelve (12) month
period” in which the twelve (12) weeks of leave entitlement occurs.
g.) Eligibility for leave based upon the birth or adoption of a child expires at the end
of the twelve (12) month period beginning on the date of birth or placement.
h.) In cases where the leave is foreseeable, the employee must provide the Employer
with at least thirty (30) days advance notice of the leave. If the leave must begin
in less than thirty (30) days, the employee should notify the Employer at the
earliest time possible. If an employee fails to provide thirty (30) days’ notice for
a foreseeable leave with no reasonable excuse for the delay, the leave may be
denied until at least thirty (30) days from the day notice is provided.
132
i.) Employees on a leave of absence granted under the provisions of the Family and
Medical Leave Act of 1993 for illness of a family member will be entitled to
medical and dental insurance coverage for a period of twelve (12) weeks if such
employees are currently participating in the medical and dental plans. The twelve
(12) week period of jointly paid health insurance, will include any period of
disability for which the Employer has paid its share of the health insurance
premiums.
j.) Any employee on a leave of absence granted under the provisions of the Family
and Medical Leave Act of 1993 for a period not to exceed twelve (12) weeks will
be returned to his/her job at the end of the leave. If the leave exceeds twelve (12)
weeks, he/she will be returned to a position of equal rank and status.
k.) The time period for any period of absence which can be covered by FMLA,
including NYS Disability or Workers’ Compensation shall include and run
concurrent with the time period for any leave required by the Family and Medical
Leave Act.
l.) Care for Relative in the Armed Forces
A qualifying employee (reached 1250 hours of service, all paid time-off and
union representation time, during the twelve (12) month period preceding the
leave) will be permitted to take up to twenty-six (26) work weeks of unpaid leave
during a twelve month period to care for a spouse, child, parent, , dependent or
next of kin in the Armed Forces (including the reserves and National Guard) who
is undergoing medical treatment, recuperation, therapy, is otherwise in an
outpatient status, or is otherwise on temporary disability retired list, for a serious
injury or illness. The injury or illness must have occurred on active duty and may
render the service member medically unfit to perform the duties of the service
member’s office, grade, or rating.
Section 13. An employee granted a leave of absence under this Article, who has PTO time
available, shall be required to use all hours in the PTO bank except that an employee shall not be
required to take his/her PTO balance below forty (40) hours unless the employee desires to do
so. No employee will be granted PTO while on a leave of absence if said employee is currently
in the negative or would go negative if the approval was given. In the case of an employee
taking intermittent FMLA, all time absence from work must be covered by accumulated PTO, if
available.
Section 14. In addition to the leave of absence provisions afforded by the Family and Medical
Leave Act and the PTO provisions (including the right to receive PTO donations from other
employees) of the Master Agreement; employee who are approved for a leave of absence for the
adoption of a child are entitled to the following:
a.) full-time employees may utilize up to eighty (80) hours of negative PTO;
133
b.) part-time employees may utilize up to forty – eight (48) hours of negative
PTO; and
c.) in addition, employees may utilize these negative PTO hours at any time of
the year while on a leave of absence for the adoption of a child.
Article 36
Military Leave
Section 1. Leaves of absence shall be granted to all employees entering active duty of the
Armed Forces of the United States and those who are absent for the purpose of performing
training duty or emergency service in the Armed Forces. Re-employment rights shall be in
accordance with the requirements of the Uniformed Services Employment and Re-Employment
Act of 1994, as amended from time to time, and/or regulations issued there under.
Section 2. Any employee who is engaged in military service, who enlists or is called to duty
should notify their manager or supervisor two (2) weeks prior to the leave effective date, or as
soon as notified of upcoming service. Military orders must be provided to management to verify
the need for a military leave of absence. The employee will be placed on a leave of absence to
cover the time away in service, provided the total leave of absence does not exceed a five (5)
year period from the effective beginning date of the leave.
Section 3. Eligible service includes voluntary or involuntary service in one of the military
branches of the armed forces of the United States, including:
a.) active duty;
b.) active duty for training;
c.) initial active duty for training;
d.) inactive duty for training purposes; and
e.) full-time National Guard duty.
Branches of the military service include:
a.) Army, Navy, Marine Corps, Air Force, Coast Guard
b.) Reserve service in Army, Navy, Marine Corp, Air Force or Coast Guard
c.) Army National Guard or Air National Guard
d.) The Commissioned Corps of the Public Health Service
e.) Any other designation issued by the President in time of national emergency or
war.
Section 4. An employee ordered to annual active duty training with the National Guard or
Reserve for two (2) weeks or more and who loses time from work as a result will be paid the
difference between their regular basic rate of pay and their lower military training pay for up to
thirty (30) days in a calendar year. The employee on military leave will be required to submit to
human resources a statement of military earnings to receive reimbursement for the differential.
134
Reimbursement will be paid by the payroll department in the employee’s regular bi-weekly pay
within two pay periods following submission of the military earnings statement. Per Diems are
not eligible for the differential payment. Absence from work for inactive duty or for
examinations to determine fitness for duty will not be eligible for the military differential. An
employee who elects to use paid time off during the leave will not receive a military differential.
Part-time employees will be eligible for the military differential based on their regularly
scheduled bi-weekly hours.
Section 5. Regular employees entering active duty in the Armed Forces of the United States
will be given the paid time off to which they are entitled under the terms of this contract. If such
employees do not elect to take their paid time off before leaving, they will be paid an allowance
in cash equal to and in lieu of any paid time off which is due.
Section 6. Employees who enter the service receive military health care benefits
automatically, and can enroll their dependents in separate health insurance plans for dependents
(CHAMPUS) if they are called to serve for at least thirty-one (31) days. However, they also may
want to continue their health insurance coverage. Employees on military leave and their
dependents can receive continuation coverage in their health insurance plan for up to eighteen
(18) months under COBRA. If the employee elects to cease medical coverage, the coverage will
be reinstated when the employee returns to work. However, if the employee’s period of military
service is thirty-one (31) days or less, the employee would be entitled to continue their medical
coverage under the same cost sharing arrangement as prior to the leave. Employees should
contact Human Resources to make the necessary arrangements.
Section 7. For computation of pension benefits for a service member returning to his/her
employment after a period of military service; compensation for the period of military leave is
defined as compensation computed at a rate which the employee would have been earning if the
employee had not taken a leave.
Article 37
Jury Duty
Section 1. In the event an employee is required to serve jury duty, the Employer shall
compensate full-time and part-time employees for the difference between their regular normal
earnings and their jury duty fees for a period not to exceed thirty (30) working days in each
calendar year.
Section 2. Employees to be eligible for pay, will notify their immediate supervisor
immediately upon receipt of the jury duty notice.
Section 3. For scheduling purposes:
a.) day and evening shift employees will not be expected to work on the date they are
required to serve (actually spend time on jury duty);
135
b.) night shift employees will not be required to work both the night before and the
night of serving on jury duty; and
c.) employees may, if necessary, opt to have a work shift rescheduled, or to use paid
time off to make his/her paycheck whole;
d.) employees who serve on jury duty or work for a combination of five (5) days,
Monday through Friday, will not be scheduled to work on the weekend.
Section 4. When an employee is on call for jury duty, the employee shall report to work on
any day they are not required to report for jury duty. Further, if the employee is a day shift
employee and is released from jury duty in the first two (2) hours of his or her otherwise
scheduled shift starting time, the employee shall contact the Employer to see if he or she is
needed for a work assignment and shall report to work if required.
Article 38
Bereavement Leave
Section 1. All regular full-time and part-time employees who have completed probation will
be eligible for bereavement leave following the death of a spouse/domestic partner, child,
brother, sister, parents, stepparents, stepbrother, stepsister, stepchild or children, grandparents,
grandchildren, mother-in-law or father-in-law, former legal guardian or foster child.
Section 2. Eligible employees will be excused from work with pay:
a.) for three (3) consecutively scheduled work days up to a maximum of twenty five
(25) hours, during the period of bereavement including the funeral or memorial
service; or
b.) for five (5) consecutively scheduled work days, up to a maximum of forty (40)
hours, during a seven (7) calendar day period which includes either the funeral or
the memorial service, for out of town funerals over four hundred (400) miles from
Buffalo, providing the employee attends the funeral or memorial service.
An employee’s immediate supervisor will make every effort to give the employee additional
days off as needed utilizing paid time off or excused absence days.
Section 3. Payment for each day of bereavement leave as defined in Section 2. will be
equivalent to the regular rate of pay the employee would have received if the employee would
have worked the excused shifts.
Section 4. In the event of the death of the employee’s brother-in-law, sister-in-law, son-in-
law, daughter-in-law or grandparents of spouse/domestic partner, step-grandparents, stepmother-
in-law, or stepfather-in-law a bereavement day for the funeral or memorial service will be given.
136
Article 39
Disability
Section 1. Employees who become disabled by a non-occupational injury or illness are
entitled to the benefits outlined in the New York State Disability Benefits Law (NYSDBL) and
the terms of this Agreement.
Section 2. All employees, except for high school students, are eligible for disability benefits
under the NYSDBL after working four (4) consecutive weeks.
Section 3. All employees will follow the procedure outlined below in filing a disability claim
and in qualifying for benefits:
a.) An employee must be under the care of a health care provider (as defined in the
NYSDBL) who certifies that the employee is unable to work due to an injury or
illness that did not arise out of, or in the course of employment.
b.) The employee must notify his/her manager that he/she is disabled and unable to
report to work. The employee must then call in the claim to the disability claims
administrator within forty-eight (48) hours from when the disability is reported to
the manager. The disability claims administrator will send to the employee a
disability claim package.
c.) If an employee is certified as medically disabled by his/her medical doctor and the
employee is not eligible for NYSDBL because he/she has utilized the statutory
limit of twenty-six (26) weeks in the previous fifty-two (52) week period, the
employee will be allowed to utilize his/her ESB while absent from work. The
Employer will contribute the Employer’s share towards the employee’s health
insurance for fifty two (52) cumulative weeks, regardless of the number of claims
within the previous seventy eight (78) weeks.
d.) It is the responsibility of the disability claims administrator to keep the employee
updated on the claim status and any need for further medical documentation.
e.) The employee and the employee’s health care provider must supply all requested
information to the disability claims administrator in order for the employee to
receive NYSDBL benefits.
f.) During the period of disability, the employee’s wages will come from two (2)
sources:
1.) under the NYSDBL benefits, the employee will receive payments equal to
fifty percent (50%) of his/her average weekly wage, up to the maximum
benefit provided for by law. The average weekly wage is based on the last
eight (8) weeks of employment immediately before the disability occurs.
137
Benefits will be paid for a maximum of twenty-six (26) weeks of disability
in a fifty-two (52) week period; and
2.) from Kaleida Health as outlined in Section 4. below.
g.) There is a seven (7) day waiting period including weekends, during which no
benefits will be paid. Benefit rights begin on the eighth (8
th
) consecutive day of
disability.
h.) Disability benefit payments will be mailed to employees directly from the
insurance company and will be subject to Social Security, Medicare and
withholding taxes. The first payment will arrive within four (4) business days
after the fourteenth (14
th
) day of disability or four (4) business days after the
receipt of the claim, whichever is later.
i.) Employees who receive NYS disability payments are responsible for reporting
benefits paid as taxable income. The disability claims administrator will send a
form W-2 stating the amount of taxable benefits paid to each employee who
received disability payments during the year.
j.) The Employer or the disability claims administrator may require employees who
are claiming disability benefits to submit to a medical examination by a health
care provider designated by the Employer. Such examinations will be paid for by
the Employer. If an employee does not notify the disability administrator of
his/her inability to attend the scheduled exam, he/she will be responsible for the
actual cost of the missed appointment or twenty-five dollars ($25.00), whichever
is less.
k.) If an employee’s disability satisfies the requirements of both the Family and
Medical Leave Act (FMLA) and the NYSDBL, the time spent on disability will
count toward the employee’s twelve (12) weeks of annual leave under the FMLA.
Employees’ contractual rights under the FMLA are outlined in Article 35, Leave
of Absence/Family and Medical Leave.
l.) An employee will not be eligible to receive NYSDBL benefits or supplemental
PTO/ESB pay while working for another employer or working in a business
owned by the employee or conducting any union business for which pay is
received.
Section 4. An Extended Sick Bank (ESB) will be established and long term sick time
accrued as per Article 26, entitled Paid Time Off. Time in the ESB is intended to provide
income to employees during periods of disability, including the seven (7) day waiting period
referred to in Section 1. above, who qualify for benefits under NYSDBL or who have an illness
or injury certified by the employee’s medical doctor.
138
a.) ESB payments will be processed and distributed for disabled employees on a bi-
weekly basis.
b.) There is no limit in the amount of time that can be accumulated in the ESB during
the employee’s service with Kaleida Health.
c.) The Employer will pay the difference between the employee’s regular base rate of
pay (including shift differential and premium rate due, e.g. weekend pay or multi-
site float pool pay) and the actual amount paid to the employee under the
NYSDBL up to the limit of the employee’s ESB.
d.) When the actual period of disability exceeds the limits set by NYSBDL, the
disabled employee has the option of utilizing his/her PTO once his/her ESB has
been exhausted and as outlined in Article 26, Paid Time Off.
e.) Long term sick leave accumulation is reduced from the ESB as follows:
1.) one (1) day for each day paid for by the Employer where illness or injury
is not covered by New York State Disability Insurance; or
2.) after disability payments begin, employees may use ESB hours to
supplement benefits up to the amount of their regular weekly pay.
f.) The exception to e.) above will be for Buffalo General Hospital RN, TCC and
Service bargaining units where long-term sick leave accumulation is reduced from
the ESB, as follows:
1.) one (1) day for each day paid for by the Employer where illness or injury is
not covered by New York State Disability Insurance; or
2.) one-half (½) day for each day paid for jointly by the Employer and New York
State Disability Insurance.
THIS EXCEPTION WILL ONLY APPLY TO EMPLOYEES WHO ARE
MEMBERS OF THE BARGAINING UNITS IN QUESTION PRIOR TO
JUNE 1, 2005.
If an employee depletes his/her ESB during an approved period of disability, the employee will
be entitled to use any available hours in his/her paid time off bank, to supplement NYSDBL
benefits up to the amount of his/her regular weekly pay.
Section 5. While an employee is disabled, the Employer will continue to contribute the
Employer’s share toward the employee’s benefits outlined in the Agreement for a period of , fifty
two (52) cumulative weeks as defined in section 3 c.) above. Employees are responsible for
paying the employee portion of these benefits.
139
Section 6. If an employee is still disabled after the benefits provided under the NYSDBL
expire, the employee will continue to be classified as disabled as long as the disability continues
to be certified by the employee’s medical provider for up to an additional twenty-six (26)
cumulative weeks , as defined in section 3 c.) above. For purposes of this section, eligibility for
the extended period of disability (i.e. the twenty-six (26) weeks provided beyond state law) shall
be based on a look back period which will not exceed seventy-eight (78) weeks. If the disability
will continue after the fifty-two (52) cumulative week limit as outlined above, the employee
may apply for one (1) leave of absence for a period not to exceed six (6) months. During a
personal leave of absence for the employee’s disability, the employee may use ESB as stated in
Section 4. of this article. The Employer will continue to contribute to the basic life insurance
coverage only and employees must pay the full cost of any other benefits they wish to continue
during the personal leave of absence.
Section 7. An employee who is preparing to return to work following a disability will follow
the procedure outlined below:
a.) The employee’s health care provider must submit documentation to the
Employer’s disability claim administrator of the employee’s ability to return to
work.
b.) The employee may be required to pass a fit-for-duty examination by the
Employer’s Employee Health Department prior to being authorized to return to
work. Such fit for duty examination will be scheduled and completed within three
(3) business days of the provided medical certification allowing the employee to
return to work.
c.) If the employee has any restrictions on regular duties, or with his/her regular
hours of work, the employee’s manager will be notified and the manager will
view the employee’s return to work in conjunction with Article 34, Transitional
Return to Work Program, with the Americans with Disabilities Act (ADA), or
with the Family and Medical Leave Act (FMLA).
d.) If an employee does not return to active status or apply for an unpaid leave of
absence by the date the employee’s health care provider releases the employee to
return to active work status, or by the end of the fifty-second (52
nd
) cumulative
week of disability within the previous seventy eight (78) weeks, the employee
will be considered to have resigned from active employment consistent with
Article 50, Seniority, Section 3.
e.) When employees are certified as able to return to work, they will return to the
position they held prior to their disability.
Section 8. If an employee’s claim for disability is rejected or not paid by the Employer’s
third party administrator, the employee may appeal that decision to the New York State
Workers’ Compensation Board’s Division of Disability. A Notice of Rejection form (Form DB-
451) will be sent to the employee. The employee must complete the reverse side of the Notice of
140
Rejection and mail it within twenty-six (26) weeks to the Disability Benefits Bureau (address is
included on the Notice of Rejection).
Article 40
Workers’ Compensation
Section 1. Any employee, that sustains an injury or illness arising out of or in the course of
employment are entitled to the benefits outlined in the New York State Workers’ Compensation
Law (NYSWCL) and this Agreement.
Section 2. The procedure to follow after a workplace injury or illness occurs includes the
following:
a.) An employee must be under the care of a health care provider who certifies that
the employee is unable to work due to an injury or illness that did arise out of or
in the course of employment. The employee will be required to report to the
Corporate Employee Health office for an evaluation as soon as practical with a
target of three (3) business days from the occurrence leading to the work related
injury/illness.
b.) The employee must notify his/her manager of the workplace injury/illness as soon
as possible, but no later than thirty (30) days as per NYSWCL. The supervisor on
duty will be responsible to complete the supervisor’s investigative report along
with the employee via STARS web application or an incident report when STARS
is not available. The employee will be provided with a copy of the STARS report
at that time.
c.) The employee must notify his/her manager as soon as possible if his/her injury is
disabling and he/she is unable to work. The manager will report the claim to the
Integrated Absence Department; within forty-eight (48) hours from when the
claim is reported. The Integrated Absence Specialist will review and submit the
claim to the Workers’ Compensation carrier, who will send the employee a
workers’ compensation claim package.
d.) When an employee is required to report to the corporate Employee Health office
or for an independent medical exam, the cost of transportation will be reimbursed
on the basis of the mileage involved and the rate of reimbursement currently in
existence.
e.) The Workers’ Compensation claims administrator will keep the employee
updated on the claim status and any need for further medical documentation in a
timely manner.
141
Section 3. During the period of Workers’ Compensation, the employee’s wages will come
from two (2) sources:
a.) the employee will receive statutory payments which currently are equal to two-
thirds (2/3) of his/her average weekly wage up to the maximum benefit allowed
by law, per week; and
b.) from Kaleida Health as outlined in Section 4. below.
Section 4. In the event a filing does not qualify for workers’ compensation, the employee
will be given information to file a disability claim. The Integrated Absence Specialist will work
with the employee to provide previously received medical information, if any exists, to the
disability administrator for processing. The employee will be paid disability payments as
outlined in Article 39 Disability.
Section 5. In the case that the compensable injury or illness results in a workers’
compensation disability of more than fourteen (14) days, workers’ compensation shall be paid
from the first full day of lost time from work. In the case that the compensable injury or illness
does not result in more than fourteen (14) days of lost time, there is a seven (7) day waiting
period, including weekends, during which no workers’ compensation benefits will be paid.
Employees are entitled to use Extended Sick Bank (ESB) or Paid Time Off (PTO) during the
waiting period. Workers’ compensation benefit rights begin on the eighth (8
th
) day of Workers’
Compensation disability. If the employee used PTO for a waiting period and the case becomes a
workers’ compensation case, the hours will be taken from the ESB and the PTO will be
transferred back to the PTO bank. PTO or ESB may be used to supplement workers’
compensation payments up to the employee’s regular budgeted weekly pay.
Section 6. Workers’ compensation payments will be taxed in accordance with existing law.
Section 7. If an employee’s workers’ compensation disability satisfies the requirements of
both the Family and Medical Leave Act (FMLA) and NYSWCL, the time spent on Workers’
Compensation will count toward the employee’s twelve (12) weeks of annual leave under the
FMLA. Employees’ contractual rights under the FMLA are outlined in Article 35, Leave of
Absence/Family Medical Leave.
Section 8. An Extended Sick Bank (ESB) will be established and long-term sick time
accrued as per the Paid Time Off article. Time in the ESB is intended to provide supplemental
income to employees who qualify for benefits as outlined in Section 3. of this Article.
a.) ESB payments will be processed for disabled employees on a bi-weekly basis.
b.) There is no limit in the amount of time that can be accumulated in the ESB during
the employee’s service with Kaleida Health.
142
c.) The Employer will pay the difference between the employee’s regular basic rate
of pay including shift differential and the actual amount paid to the employee
under the NYSWCL, up to the limit of the employee’s ESB.
d.) Long term sick leave accumulation is reduced from the ESB as follows:
1.) after workers’ compensation payments begin, employees may use ESB
hours to supplement benefits up to the amount of their regular weekly pay;
or
2.) for use during periods of workers’ compensation resulting in an absence of
less than seven (7) days.
e.) The exception to c.) above will be for Buffalo General Hospital RN and TCC
bargaining units where long term sick leave accumulation is reduced from the
ESB as follows:
1.) one (1) day for each day paid for by the Employer where illness or injury
is not covered by workers’ compensation;
2.) one-third (1/3) day for each day paid for jointly by the Employer and
workers’ compensation.
THE EXCEPTION SET FORTH HEREIN SHALL ONLY APPLY TO EMPLOYEES
WHO ARE MEMBERS OF THESE BARGAINING UNITS PRIOR TO JUNE 1, 2005.
If an employee depletes his/her ESB during an approved period of disability, the employee will
be entitled to use any available hours in his/her paid time off bank to supplement workers'
compensation benefits up to the amount of their regular weekly benefits.
Section 9. While the employee is on workers’ compensation, the Employer will continue to
contribute the Employer’s share toward the employee’s benefits outlined in this Agreement for a
period of fifty-two (52) cumulative weeks per claim. The cumulative look back period will not
exceed one hundred and four (104) weeks per claim. Employees are responsible for paying the
employee portion of these benefits. As long as an employee is receiving payments from the ESB
or PTO bank, the employee’s share of benefit premiums will be deducted from those payments.
After ESB and PTO payments cease, the employee will be required to submit payments each pay
period. The employee will continue to be classified as disabled as long as the disability
continues to be certified by the Workers’ Compensation Board up to the seventy-eight (78)
cumulative week limit per claim. If an employee is still disabled after the seventy-eight (78)
week period expires, the employee may apply for one (1) leave of absence for a period not to
exceed six (6) months. During a personal leave of absence for the employee’s disability, the
employee may use ESB up to the employee’s regular weekly pay. The Employer will continue
to contribute to the basic life insurance coverage only and employees must pay the full cost of
any other benefits they wish to continue during the personal leave of absence.
143
Section 10. An employee who is cleared to return to work by his or her provider will follow
the procedure outlined below:
a.) An employee must produce certification from a health care provider that the
employee is able to return to work and resume the full responsibility of his/her
position. The certification must be submitted to the Employer's Workers’
Compensation disability claims administrator.
b.) The employee may be required to pass a fit for duty examination by the
Employer’s Employee Health Department prior to being authorized to return to
work. Such fit for duty examination will be scheduled and completed within three
(3) business days of the provided medical certification allowing the employees to
return to work.
c.) If the employee has any restrictions that make him/her unable to perform his/her
regular duties or his/her regular hours of work, the employee’s manager will be
notified and the manager will review the employee’s return to work in
conjunction with Article 34, Transitional Return to Work, with the Americans
with Disabilities Act (ADA), or the Family and Medical Leave Act (FMLA).
d.) If there is no work on the employee’s unit/department, the Employer will keep a
current list of restricted duty jobs that are available throughout the system. It is
understood that the injured employee will not be replacing another bargaining unit
member.
e.) If the employee does not or is unable to return to work after his/her work related
injury/illness or apply for an unpaid leave of absence by the date the employee’s
health provider releases the employee to return to active work status, or by the
end of the seventy-eighth (78
th
) consecutive week of a period of absence for a
work related injury/illness, the employee will be considered to have resigned from
active employment consistent with Article 50, Seniority, Section 3.
f.) If an employee is classified for Transitional Return to Work and no work is
available at Kaleida Health he/she may work outside Kaleida Health, within the
limits of the restrictions noted, and, if so, may not be terminated.
g.) If there is a disagreement between the employee’s attending physician and the
Employee Health Department and / or an Independent Medical Examiner, in
regard to ability to return to work under a transitional duty assignment the parties
agree to the selection of an independent third party review that will be considered
a final and binding medical determination as to the employees ability to return to
work under the provisions of this Article.
This third party medical review will be performed at the expense of the Employer
and shall be conducted as a fitness for duty and / or functional capacity medical
exam by a medical provider mutually selected by the employee’s physician and
144
the Employee Health Department or its representatives as soon as possible, but
not longer than thirty (30) days from the date the disagreement was identified.
In the event the employee is determined by the independent third party to be able
to return to work under the provisions of this Article and the employee fails to do
so, the employee shall be considered to have broken seniority pursuant to the
provisions of Article 50 of this Agreement.
When an employee is certified by his/her provider to return to work at full capacity, he/she will
be returned to the position he/she held prior to their workplace injury/illness.
Article 41
Employee Assistance Program
Section 1. Recognizing that the health and well-being of its employees and their families is
vital to the success of Kaleida, an Employee Assistance Program (EAP) shall be established and
maintained by the Employer. The EAP will provide responsible, confidential assistance to
employees experiencing personal problems including alcoholism, drug dependency and mental
health issues, which may adversely affect their job performance, work schedules and attendance.
There shall be no cost to the employee.
Section 2. A corporate Employee Assistance Program Committee will consist of a
proportionate number of Employer representatives and employees represented by the Unions as
follows: three (3) Representatives from CWA, three (3) Representatives from SEIU and one (1)
Representative from IUOE. The committee will meet quarterly to:
a.) generate a climate to eliminate the effects of the social stigma associated with
mental disorders, alcoholism and drug dependency and other personal problems
which act as a barrier to employees and their family members seeking help;
b.) assure confidentiality in working with employees and their families;
c.) assist in the development of educational and informational materials;
d.) develop an internal union advocacy program; and
e.) review the usage patterns and policy reinforcement in a manner that protects
employee confidentiality requirements.
Section 3. The decision to participate in the EAP is voluntary and the personal responsibility
of the employee. At no time shall any employee be required to use EAP as a condition of
employment except when entered into a “last chance” agreement.
145
Section 4. Employees who are told by the Employer in writing that they are terminated due
to alcohol or drug abuse shall continue to receive the benefits provided in this Article for a
period of two (2) consecutive months following such termination.
Section 5. No employee will be required to submit to any type of laboratory work unless
such work is mandated by state and/or federal law.
Article 42
Tuition Assistance
Section 1. The Employer recognizes that the continuing educational development of
employees is essential to the delivery of quality health care. Hence, the Employer provides
tuition assistance for eligible employees in the CWA bargaining units who seek additional
training in order to increase their confidence in present jobs or to prepare themselves for
advancements into more responsible positions with the Employer in the procedure outlined in
Sections 2. through 7. below.
Section 2. A course as defined under the tuition reimbursement plan must meet the following
requirements:
a.) it must have a defined curriculum;
b.) it must provide credit toward a degree or completion of a prescribed program of
study; and
c.) it must be offered through an accredited program.
A course that meets the above definition will be considered for eligibility under the tuition
assistance program if it is job-related and also meets one of the following criteria:
a.) the course is expected to build competencies and strengthen the performance of
the employee on their present job;
b.) the course is considered a prerequisite for the job presently held or of the job next
in line of an obvious progression;
c.) the course is prescribed for the attainment or maintenance of a program of study
or degree in an academic or business that is compatible with the interests of
Kaleida Health and the employee.
Programs eligible under Article 44, Continuing Education Program, are not eligible under
Tuition Assistance.
Section 3. Procedure:
a.) Full-time and part-time employees with one or more years of continuous service
prior to the commencement of the approved course shall be eligible for tuition
assistance provided they remain in an active status for the duration of the
146
course(s). Employees classified as per diem, non-benefited, inactive and
temporary are not eligible for the educational assistance.
b.) Department heads shall examine the request for tuition assistance from employees
within their departments. Approval shall be granted to eligible employees based
on the definition in Section 2. above and the eligibility requirements in Section 4.
c.) While courses must be submitted for approval on a course by course basis,
requests to approve degree programs must be approved by the senior manager of
the department and the Corporate Benefits department.
d.) Prior to enrollment in the course, the employee must obtain management approval
on the Request for Tuition Reimbursement form verifying that the course meets
the eligibility criteria in Section 2. above. Courses, which do not have
management approval prior to the course start date, will not be eligible for
reimbursement.
e.) It shall be understood and communicated that this program is a reimbursement
system. Employees shall be responsible for all initial payments to the school or
other educational organization.
Section 4. The amount of tuition assistance offered by the Employer shall be a function of
length of service, and a passing grade. The schedule of payment is as follows:
LENGTH OF SERVICE: 1-4 YEARS OVER 4 YEARS
Satisfactory/Pass 75% 100%
Unsatisfactory/Fail 0% 0%
Maximum/Semester $1,600.00 $1,600.00
Maximum reimbursement will be $3,200.00 per calendar year.
The employee will not be eligible to receive reimbursement for the same course more than once.
Section 5. Application of the maximum, outlined in Section 4. above, shall be determined by
the completion date of the course. For example, a course is completed in December 1999 and
reimbursement request is submitted in January 2000, the amount reimbursed will be charged
against the 1999 calendar year maximum.
Section 6. Payment will be made directly to the employee upon submission of the following
to Corporate Benefits:
a.) Copy of tuition reimbursement form signed by employee’s manager to verify that
the course of study has been approved.
b.) Final grade for the course.
147
c.) Submission of itemized receipt verifying the payment made to the institution
detailing the cost of tuition, fees and documentation of any stipends or
scholarships if applicable.
The Payroll Department will make payment directly to the employee’s regular paycheck after
Corporate Benefits has approved the reimbursement. Tuition reimbursement requests will be
processed within two (2) full pay periods of the date received in Corporate Benefits. The
employee will have six (6) months from course end date to submit the appropriate information.
Any applications received after the six (6) month period will not be processed.
Section 7. No tuition assistance will be paid regardless of prior approval unless the student is
still an eligible employee in a covered status throughout the course. Employees who become
disabled, or are laid off at the request of the Employer, change job categories to an ineligible job
status during the course of their outside training, shall be reimbursed on the same basis as if they
had remained eligible for assistance.
Section 8. An employee who voluntarily terminates his/her employment with the Employer
shall be required to refund any tuition assistance payments they received during the twelve (12)
month period immediately preceding the effective date of termination.
Article 43
1199/League Training and Upgrading Fund
Section 1. The Employer and SEIU will work together to support education and training
programs for all eligible full-time and part-time employees in the Kaleida Health SEIU
bargaining units through the 1199/League Training and Upgrading Fund.
a.) The Employer shall contribute monthly to the Training Fund an amount equal to
one-half per cent (½%) of the gross payroll of the Employer's SEIU bargaining
unit employees for the preceding month, exclusive of amount earned by the
employees during the first two (2) months following the beginning of their
employment. The monthly contributions shall be due by the last business day of
each month and the amount of each monthly payment shall be based on the
previous month's payroll.
b.) Effective March 1, 2013, the Employer shall contribute monthly to the Training
Fund an amount equal to three quarters per cent (3/4%) of the gross payroll of the
Employer's SEIU bargaining unit employees for the preceding month, exclusive
of amount earned by the employees during the first two (2) months following the
beginning of their employment. The monthly contributions shall be due by the
last business day of each month and the amount of each monthly payment shall be
based on the previous month's payroll.
c.) Contributions so received shall be used to design, develop, implement, and
evaluate training and education programs as the Trustees of the Fund may from
time to time determine.
148
d.) The Training Fund shall be administered by a Board of Trustees composed of an
equal number of union and employer trustees.
e.) The Trustees of the Training and Upgrading Fund will work to secure grant
funding from public and private sources to supplement the funds provided
through this collective bargaining agreement.
Article 44
CWA Continuing Education Program
Section 1. A continuing education program will be defined as workshops, internet/on-line
courses, conferences, training sessions, continuing education classes or in-services which
contribute to an employee's career development. All employees will be eligible to participate in
continuing education programs. Participation will be based on the following guidelines.
a.) If the continuing education program is required to maintain certification or
licensure requirements, and the Employer is offering the program, a fifty percent
(50%) discount will be offered to affected employees.
b.) If a continuing education program is mandated by the Employer, the Employer
will be responsible for all of the costs associated with that program.
c.) If the continuing education program is not mandated by the Employer, the
following procedure will apply:
(1.) The Employer will establish three (3) operation centers for the process of
continuing education dollars. The operation centers will be the Buffalo
General Medical Center, DeGraff Memorial Hospital, and Millard
Fillmore Hospital-Suburban.
(2.) The Employer will budget one hundred eighty thousand dollars
($180,000.00) annually for the purpose of continuing education. The
budgeted amount will be distributed between the operation centers as
follows:
(A.) Buffalo General Medical Center $106,386.00
(B.) DeGraff Memorial Hospital $22,749.00
(C.) Millard Fillmore Hospital-Suburban $50,865.00
(3.) The annual budget for continuing education is intended to cover expenses
related to program registration fees and/or travel expenses for areas not
addressed by the Employer’s internal education programs. Lost time
wages may be approved by the employees’ immediate supervisor, over the
budgeted dollars outlined above, based upon the budget and staffing in the
cost center.
149
(4.) Application for funding must be made using the Request for Continuing
Education Funding” form.
• This form may be generated on Kaleidoscope:
• Go to Kaleida Links : *Human Resources
• Go to Department Links: *HR Forms *Continuing Education Fund
• The process involves Two Steps:
o Prior Approval
o Reimbursement (after course, conference, etc completion)
You must read directions and follow process closely and completely.
(5.) The application for continuing education money will be made to the
employees’ immediate supervisor on a form provided by the Employer.
The supervisor’s approval is based upon course content (new, or
improvements in current job related skills) The supervisor will then
submit the form to the Site Administration for review. The Site
Administration will review and approve or deny the application based on
available continuing education dollars remaining at the operation center
within two (2) weeks of the request being made.
Section 2. For the purpose of equitable distribution of continuing education dollars, the
parties have agreed to the following guidelines:
a.) Available funds will be divided evenly into two six (6) month periods (January
1
st
-June 30
th
and July 1
st
-December 31
st
).
b.) Requests for education funding shall be submitted on the appropriate form as
follows:
1.) by November 1
st
for conferences/programs scheduled to take place
between January 1
st
and June 30
th
of the following year, and
2.) by May 1
st
for conferences/programs scheduled to take place between July
1
st
and December 31
st
.
c.) Approval or denial will be given within two (2) weeks when requests are
submitted per Section 2. above.
d.) Requests received after the November 1
st
or May 1
st
deadlines will be considered
in the order in which they are received, provided that funds are still available.
e.) There will be a seven hundred and fifty dollars ($750.00) per person limit from
the fund unless extra funds are available on October 1
st
. If extra funds are
available, additional monies will be made available on a first-come, first-served
basis, up to a limit of one thousand, five hundred dollars ($1,500.00) per person,
per calendar year.
150
f.) It is understood that funds not used in the first six (6) month period of the year
will roll over into the second six (6) month period of the year.
g.) At the end of December each year, remaining funds from all operation centers
will be disbursed to any CWA member (from any B.U./operation center)
previously denied continuing education funds based on lack of available funds,
who took the course and paid for the course at their own expense. The employee
must submit their receipt to site administration, with their original application and
the reimbursement will be based on the date their application was submitted, on a
first come first serve basis.
h.) Oversight Committee: On a quarterly basis, beginning in January, the Employer
will provide the Union with an accounting of the continuing education funds
approved and/or disbursed, including remaining balances, lists of applicants
denied, and reason for denial.
Article 45
IUOE Training Fund
Section 1. For all employees in the IUOE bargaining unit, the Employer will contribute $.10
per hour worked into the International Union of Operating Engineers Training Fund.
Article 46
Nursing Preceptor Program
Section 1. The Union and the Employer recognize that the preceptor program has proven to
be a successful method to develop new Registered Nurses or Registered Nurses who transfer to a
new position. The preceptor model provides an individualized one on one approach to learning
that provides positive educational outcomes in a cost effective manner.
Section 2. A preceptorship format is an organized program in which staff facilitate the
development and socialization of newly hired, transferred or upgraded employees to the
responsibilities and competencies of their new position.
Section 3. A preceptor is an experienced role model who has received formal training
to function in this capacity. He/she works with new or transferred staff (preceptees) to
help them master competencies required in their new role. Preceptors support the
individual’s growth and development for a fixed and limited amount of time. A
preceptor has specific preceptor competencies to master and maintain in order to fulfill
this role. The decision to develop an employee in the preceptor role is one that is
mutually agreed upon by the employee and the manager.
151
Section 4. Preceptors must complete the preceptor training program and maintain program
competencies. It is understood that the preceptor training programs will be developed by the
Department of Clinical Education and may be amended by the Department from time to time.
Section 5. It is understood that preceptor pay will be utilized for employees who assume the
responsibility of supervising/teaching nursing students provided that the students do not have an
instructor on site.
Section 6. Preceptors will be paid in accordance with Appendix D., Registered Nurse
Salaries.
Article 47
Training Program
Section 1. The Union and the Employer recognize that a period of training is required
for all newly hired employees, employees that transfer into a new position. This program applies
to all Clerical, LPN, Maintenance, Professional, Service and Technical Bargaining units.
Section 2. Excluding Lead and Senior positions whose job descriptions include training
responsibilities, individuals assigned to train new or current employees that transfer into a new
position or require new or additional training will be designated Trainers. They must complete
the Training Program and have their training competencies validated by their manager. The
decision to develop an employee in the trainer role is one that is mutually agreed upon by the
employee and the manager.
Section 3. The Employer will coordinate with the Clinical Education Department to ensure
that the training programs scheduled frequently enough to accommodate the number of
employees to be trained. Employees will be assigned to attend the Training Program within one
year of the date they are first assigned to train another employee.
Section 4. Members of the Bargaining Units outlined in Section 1 above, excluding Lead
and Senior positions whose job descriptions include training responsibilities, will receive
training pay for assuming the responsibility of supervising/teaching/training students provided
the students do not have an instructor on site.
Section 5. Trainers will be paid an hourly premium for all hours they are assigned the job
responsibilities of training a new or transferred employee in accordance with the rates outlined in
Appendix A, B, C, E, F and G, Salaries. It is agreed to and understood by the parties that
employees will be paid for all hours they are assigned to train whether they have attended class
or not.
152
Article 48
Travel
Section 1. Employees who are required to travel in their personal vehicle, in the performance
of routing duties, will be fully reimbursed for:
a.) parking;
b.) tolls; and
c.) automobile mileage at the existing IRS rate.
Section 2. Employer owned vehicles that are provided to employees for use in the
performance of their job, shall be properly maintained and on E-Z pass. The Employer shall
provide access to a gasoline account for the purpose of refueling the Employer’s vehicles.
Section 3. Employees that do not own a personal vehicle and must use either a bus or the
subway in the performance of their job, will be fully reimbursed for expenses incurred for use of
such public transportation.
Article 49
Domestic Partner
Section 1. A domestic partner will be defined as a person over age 18 who shares living
quarters (for a minimum of six [6] months) with another unrelated adult in an exclusive,
committed relationship in which the partners are responsible for each other’s common welfare
and are financially interdependent. To be eligible for the benefits outlined in other provisions of
this Agreement, a domestic partner must be specifically listed in the Article and must be
registered with the Human Resources Department on a form provided by the Employer.
Article 50
Seniority
Section 1. The term “corporate seniority” shall mean the length of unbroken service of an
employee covered by this Agreement beginning with their most recent date of hire by the
Employer in any job classification whether or not it is or was in a covered bargaining unit.
Section 2. In addition to corporate seniority, the following employees shall also carry
“master agreement seniority” which shall mean the length of unbroken service beginning with
their most recent date of transfer into a covered bargaining unit as specified in a.) through e.)
below.
a.) an employee who holds a management position and who enters a covered
bargaining unit;
153
b.) an employee from a union bargaining unit not covered by the Master Agreement
who enters a covered bargaining unit;
c.) an employee from a non-union position who enters a covered bargaining unit;
d.) an employee from the IUOE/DeGraff maintenance bargaining unit who moves to
another covered bargaining unit for reasons other than a Kaleida Action;
e.) any employee, whether or not from a covered bargaining unit, who moves to the
IUOE/DeGraff maintenance unit for reasons other than a Kaleida Action.
Regardless of whether the term corporate seniority or seniority is used in this Agreement,
employees with both corporate seniority and master agreement seniority shall use their corporate
seniority to determine benefits where length of service is a factor and master agreement seniority
when competing with other employees (e.g., layoffs, recall, job bidding, time off requests, etc.).
Section 3. Both corporate and master agreement seniority shall be lost and an employee shall
be terminated when he/she:
a.) resigns or quits;
b.) is discharged for cause;
c.) retires, with or without qualifying for benefits under the Employer’s retirement
plan or Social Security;
d.) refuses to recall from layoff or fails to report from a recall within fourteen (14)
calendar days;
e.) fails to report to work on the date agreed upon for return from a leave of absence;
f.) is absent for three (3) consecutive regularly scheduled shifts without notification
to the Employer unless the employee can prove complete inability to notify the
Employer;
g.) is laid off for a period equal to their length of service, or a maximum of five (5)
years;
h.) is absent due to illness or injury for more than fifty-two (52) consecutive weeks or
is absent due to Employer connected illness or injury covered by workers’
compensation for more than seventy-eight (78) consecutive weeks. The
Employer will provide an employee on workers’ compensation or disability, four
(4) weeks’ written notice by certified mail to the employee’s last address of
record, that the above periods are due to expire.
154
Section 4. The Employer shall maintain, at each site that has a Human Resources office, an
updated seniority list, which shall be available for inspection by members of the bargaining unit.
Section 5. An employee with at least twelve (12) months of corporate seniority who
terminates his or her employment for reasons other than those constituting just cause and is
rehired within one (1) year from the date of termination of service shall, after completing twelve
(12) months of service, receive his or her original seniority date(s), adjusted for the period of
separation; provided that the employee was covered under this Master Agreement prior to
termination. An employee who was not covered under this Master Agreement at the time of
termination but who had a least twelve (12) months of corporate seniority and who is rehired into
a position within this master bargaining unit will be eligible to receive his or her original
corporate seniority date as described above but their “master agreement seniority” date will be
effective the date that they are re-hired and will not change.
Section 6. In any instance where seniority is used in this Agreement and two (2) or more
employees share the same date the following procedure will be followed:
a.) The last four (4) digits of each employee’s Social Security number will be
considered as a whole number; the lowest number is the most senior. For
example; Employee A – SSN = 711-04-1501, Employee B – SSN = 325-67-2738
Employee A is senior.
b.) In the event that the last four (4) digits are equal; add all nine (9) of the number in
the SSN and the total lowest number will be most senior.
For Example:
Employee A – SSN = 711-04-1501
Employee B – SSN = 325-67-1501
Then:
Employee A – 7+1+1+0+4+1+5+0+1=20
Employee B – 3+2+5+6+7+1+5+0+1=30
Employee A is senior.
Section 7. When an employee covered by this Agreement leaves a covered bargaining unit
and takes a non-management, non-union position and returns to a bargaining unit position within
one (1) year from the date he/she left, shall after completing twelve (12) months of service,
receive his or her original seniority date.
155
Article 51
Layoff and Recall
IUOE
Section 1. The Employer agrees to give the Union advance notice of its intention to layoff or
to eliminate a filled position and afford the Union the reasonable opportunity to discuss the
layoff or elimination.
Section 2. An employee affected by a reduction in hours will be considered subject to layoff
for the purposes of this Article.
Section 3. The Employer will give the employees at least seven (7) calendar days’ notice of
the date of the initial layoff.
Section 4. A list of employees targeted for layoff will be provided to the Union along with a
list of available job vacancies. Once the layoff procedure is completed, the Employer will
provide the Union with a list of positions offered, final placement, subsequently bumped
employees and their movement, and so on.
Section 5. It is understood that, whenever possible, temporary, probationary. Per Diem,
Weekend. Flexible, Seasonal and least senior employees, in that order and by job title, will be
subject to layoff first.
Section 6. If no vacancy exists in his/her job title, category, and shift, such an employee
targeted for layoff may elect a layoff instead of bumping a less senior employee without
jeopardizing unemployment benefits, subject to New York State regulations (and where the cost
of unemployment to the Employer would not differ.)
Section 7. In the event it is necessary to eliminate, reduce, or layoff any employee covered
by this Agreement, the Employer will determine:
a.) the specific shift and category in a job title and work location, or
b.) the unit closing or multiple reductions within a department, and
c.) the number of vacancies and temporary and probationary positions in the affected
job titles.
Section 8. In instances where the employee is targeted for layoff, the procedure described
below shall be followed sequentially.
a.) Assumes any vacancy in his/her job title, category, and shift. (The affected
employee may also choose any other vacancy, if qualified.)
156
b.) Bumps any temporary or probationary employee in his/her job title, category, and
shift.
c.) Bumps any less senior employee in his/her job title, category, and shift.
d.) May bump any less senior in his/her job title, or proceeds to step e.
e.) Assumes a vacancy in his/her category and shift in a job title in the same pay
grade, unless he/she does not meet the required and preferred qualifications of the
position.
f.) Bumps any temporary or probationary employee in his/her category and shift in a
job title in the same pay grade, unless he/she does not meet the minimum
requirements of the position.
g.) Bumps any less senior employee in a job title in his/her same pay grade, category
and shift, unless he/she does not meet the minimum requirements of the position.
h.) May bump any less senior employee in a job title in his/her same pay grade,
unless he/she does not meet the minimum requirements for the position; or
proceeds to step i.
i.) If no position exists in the same pay grade, the employee targeted for layoff may
follow the same sequence in (e) - (h) in successively lower pay grades.
j.) If no such position exists in the above sequence, the employee targeted for layoff
will be laid off.
Section 9. It is agreed and understood that employees shall serve a sixty (60) working day
trial period if for any reason under this Article they are placed in a position which requires
substantive variations in techniques and procedures utilized in the performance of their job.
Failure to complete the trial period (voluntary or involuntary) shall result in that employee being
laid off.
Section 10. Any employee bumped out of his/her position as a result of the layoff procedures
will then be considered targeted for layoff and follow the sequence outlined in Section 8.
Section 11. Vacancies filled by employee subject to layoff will not be posted and posted
positions for which no employee has been selected and officially informed of the selection may
be used by the Employer as a vacant position under this Article.
Section 12. Prior to layoff, an employee must complete a written recall request form, as
provided by the Employer, to indicate:
a.) the employee's current address,
b.) the employee’s current phone number,
157
c.) job titles where the employee is qualified to work and will accept recall,
d.) whether he/she would accept recall for full-time, flexible, part-time,
e.) whether he/she would be willing to work on a per diem basis, and
f.) which shifts he/she would be willing to work.
An employee may change such written recall request form prior to any recall.
Section 13. For purposes of this Article, downgraded shall mean a reduction in pay, a change
in shift, or a drop in category, including a permanent reduction in regularly scheduled hours.
These employees will have a recall period of twenty – four (24) months as detailed in Section 14
of this Article.
Section 14. Employees laid off or downgraded during the stated recall period shall be recalled
to fill vacancies in order of seniority, starting with the most senior laid off or downgraded
employee. Any vacant position in the same or lower grades within the bargaining unit that would
bring the affected employee closer to his/her original position (including category, grade, shift
and hours of work) shall be offered, unless such employee does not meet the required and
preferred qualifications of the position.
Section 15. If an employee either accepts or refuses a recall outside of his/her job title,
category and shift, the employee will be maintained on the recall list in order of seniority during
the stated recall period.
Section 16. Any employee subjected to any step in Section 8 shall have the right to bid on
posted positions as per Master Agreement Article 53, Job Bidding and Transfers.
Section 17. An employee recalled to a temporary position will be maintained on the recall list
by seniority, should a permanent position become available.
An employee recalled to a temporary position will be returned to the previously held
downgraded permanent position or returned to layoff, whichever is applicable when the
temporary assignment ends. The recall to a temporary position will not affect the stated recall
period, as defined in Section 15, when the temporary assignment ends.
Section 18. Regular full-time and part-time employees who indicate a willingness to work on
a per diem basis will be placed on the appropriate list and will be called into work in order of
their seniority.
Full-time and part-time employees' recall rights into permanent vacancies will
not be affected by their working on a per diem basis.
Section 19. Recalls from layoff will be given through direct telephone contact with the
158
employee, or if the employee is unavailable, by certified mail to the employee's last known
address. Such notice will give the employee at least 14 calendar days to report to work.
CWA BGMC/RN
Section 1. In the event it is necessary to layoff employees covered by this Agreement, or to
eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done
as follows:
a.) by providing the Union with the complete plan for staff reduction within the
bargaining unit and by complying with the notification and information
requirement outlined in Article 74, Job Security/Committee (inclusive of seniority
lists by full bargaining unit and cost center);
b.) before beginning layoff, verify any recent changes with the applicable managers,
prior to affecting the bump;
c.) by subjecting to layoff the least senior employee or employees in the job title,
unit/cost center, category of employment and shift;
d.) all temporary and then probationary employees in the job title, unit/cost center
and shift in which a layoff is to occur will be terminated prior to any regular
employee in that job title, cost center and shift being subject to layoff.
e.) an employee with seniority who is subject to layoff will have the option of a
bump or vacancy within his/her unit/cost center within the same job title, but to a
different category of employment and/or to a different shift (Exception: per diem
employees may only have options to other per diem positions);
f.) vacancies that may be filled by employees who are subject to layoff will be
limited to those that exist on the day that the layoff options are given to the first
affected employee in the job title or grade level in the bargaining unit;
g.) all positions which become vacant during the layoff procedure will be posted and
filled as per Article 53, Job Bidding and Transfers;
h.) part-time employees with seniority who are subject to layoff will have the option
to bump the least senior part-time employee who was hired to work the equivalent
number of hours. For example: a part-time employee who is hired to work thirty
(30) hours per week may bump the least senior employee who is hired to work
thirty (30) hours per week; in accordance with the Section 1.e. above – followed
by the steps in Section 2. below;
i.) when it is necessary to permanently change the number of employees on a shift
within a unit/cost center, such a change will be made first by requesting
volunteers, in seniority order, from within the unit/cost center. If there are no
159
volunteers, the least senior employee on the shift to be reduced may choose to be
subject to layoff as per Section 1.e. above followed by the steps in Section 2.
below or be transferred to the shift on which additional staffing is needed;
j.) it is agreed and understood that employees shall serve a sixty (60) working day
trial period if for any reason under this Article they are placed in a position which
requires substantive variations in techniques and procedures utilized in the
performance of their job. Failure to complete the trial period (voluntary or
involuntary) shall result in that employee being laid off with recall rights but no
bumping rights;
k.) employees may volunteer to be subjected to layoff, by seniority, in the job title,
unit/cost center, category of employment and shift;
l.) for the purposes of this Article, the parties acknowledge there are day, evening
and night shifts; specifically eight (8) hour day, evening and night shifts; ten (10)
hour day, evening and night shifts; twelve and one-half (12½) and thirteen (13)
hour day, evening and night shifts. Employees subject to layoff will be given
their options based on their specified length of shift. If their specific hours of
work are not available they will be given their options according to the
appropriate shift; day, evening or night shift;
m.) an employee subject to layoff may select a vacancy in another bargaining unit
covered by this Agreement and if qualified, be awarded such position before any
external candidate is offered such position at any Step of this process.
Section 2. When an employee with seniority is subject to layoff, or has their position
eliminated under Section 1. above, such affected employee shall be placed in a position in the
bargaining unit in the following sequence:
Step 1: They shall be assigned to any vacant position in the bargaining unit which is in
their category of employment, job title and shift. The employee subject to layoff
may also choose job vacancies within their grade level, category of employment
and/or shift. Temporary positions are not included in this process unless the
employee chooses a temporary position. It is understood that an employee who
chooses a temporary position at this step shall be placed as if they were originally
subject to layoff, once the temporary position has ended. If the employee opts to
drop shift as a requirement for placement, they may do so at any step. If there is a
vacancy in another category of employment with lesser hours which has not been
filled by an employee in that category during Step 1 of this procedure, an
employee may opt to fill that vacancy.
Step 2: If no such vacancy exists, they would be permitted to bump any probationary
employee in their category of employment, job title and shift.
160
Step 3: If there are no probationary employees who may be bumped, then the employee
subject to layoff may bump the least senior employee in their category of
employment, job title and shift.
Step 4: If the employee cannot be placed in their category of employment, job title and
shift, they shall be offered the option to bump the least senior employee in their
job title and shift. The word “offered” means the employee cannot be forced, but
can opt to go to Step 5.
Step 5: If the employee cannot be placed within their job title, they shall be assigned to
any vacant position in their category of employment, grade level and shift
provided the employee meets the requirements for hiring into that position.
Step 6: If no such vacancy exists, the employee would be permitted to bump any
probationary employee in their category of employment, grade level and shift
provided the employee meets the requirements for hiring into that position.
Step 7: If there are no probationary employees who may be bumped, then the employee
subject to layoff may bump the least senior employee in their category of
employment, grade level and shift, provided the employee has more seniority than
the least senior employee and meets the requirements for hiring into the position.
Step 8: If the employee cannot be placed within a position in their category of
employment, grade level and shift, they shall be assigned to any vacant position in
their category of employment and grade level, provided the employee meets the
requirements for hiring into that position.
Step 9: If no vacancy exists, the employee shall bump any probationary employee in their
category of employment and grade level provided the employee meets the
requirements for hiring into that position.
Step 10: If there are no probationary employees who may be bumped in Step Nine (9)
above, then the employee may bump the least senior employee in their category of
employment and grade level, provided the employee has more seniority than the
least senior employee and meets the requirements for hiring into the position.
Step 11: If the employee cannot be placed in their category of employment, grade level,
they shall be offered to bump the least senior employee in any category of
employment, grade level, provided they meet the requirements for hiring into that
position. The laid off employee may bump the least senior employee in any job
title within his / her grade level provided he/she are qualified. If the laid off
employee does not have the qualification for that job he/she may move up and
bump the next least senior employee until he/she meets that job qualification
regardless of job title within his/her grade level. The word “offered” means the
employee can’t be forced but can opt to go to Step 12.
161
Step 12: If the employee cannot be placed within a position in their grade level by Step
Eleven (11) above, then the above Steps five (5) through Eleven (11) shall be
repeated in the next lower grade level and then to subsequent lower grade levels
until placed into a position or laid off.
The Employer will decide in all cases whether there is a vacancy.
Section 3. It is understood that an employee shall be offered but not forced into a position in
the L scale provided the Employee meets the requirement for hiring into that position at any step
of this process in Section 2 above. Employees hired before July 31, 2011 will maintain their
current rate of pay should they take a positon in Long Term Care on the L Scale as a result of
this process. All employees hired after July 31, 2011 will move to the appropriate L Scale if they
opt to take a position as a result of this process above.
Section 4. When an employee is bumped, they shall have all rights of this Article, as if they
were originally subject to layoff.
Section 5. At other than Step one (1), the employee may elect a layoff. A refusal to accept a
position for which the employee meets the requirements will result in the employee being laid
off at that point.
Section 6. It is understood that the employee response must be provided to the appropriate
Human Resources personnel within twenty-four (24) hours of the time they were informed of
their option(s) if their vacancy or bump option is to a position that is the same job title, category
of employment, shift and shift duration. In the event the employee’s option is to a vacancy or
bump that is not their job title, category of employment, shift and shift duration, a response must
be provided to the appropriate Human Resources personnel within forty-eight (48) hours of the
time the employee was informed of their option(s). Failure to timely respond shall be considered
as a waiver of the option(s) and the employee will be laid off.
Section 7. The Employer shall give a minimum of seven (7) days’ notice of layoff.
Section 8. When questions arise regarding the ability to perform the work, the burden of
proof shall rest with the Union.
Section 9.
Recall Process:
a.) Employees will be recalled from layoff in order of seniority to any open job
within the bargaining unit provided they have the ability to perform the
work available. If the opening is in a different job title, category of
employment or shift, they will have the option to refuse such offer up to two
(2) times during the layoff period.
b.) Following refusal of the two (2) offers referenced in a.) above, the employee
will continue to have recall rights to a position in his/her job title, category of
employment and shift (exact match).
162
c.) Once an employee has refused an exact match offer (category of employment,
job title and shift) that employee will have voluntarily severed ties with the
Employer and be terminated.
Section 10. Recalls from layoff will be given through direct telephone contact with the
employee, or if the employee is unavailable, by certified mail to the employee’s last known
address, and will give the employee a minimum of fourteen (14) calendar days to report for work
after such notification.
CWA BGMC/PROF
Section 1. In the event it is necessary to layoff employees covered by this Agreement, or to
eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done
as follows:
a.) by providing the Union with the complete plan for staff reduction within the
bargaining unit and by complying with the notification and information
requirement outlined in Article 74, Job Security (inclusive of seniority lists by full
bargaining unit and cost center);
b.) before beginning layoff, verify any recent changes with the appropriate managers,
prior to affecting the bump;
c.) by subjecting to layoff the least senior employee or employees in the job title unit/
cost center, category of employment and shift.
d.) all temporary and then probationary employees in the job title, category unit/cost
center and shift in which a layoff is to occur will be terminated prior to any
regular employee in that job title, cost center and shift, being subject to layoff;
e.) an employee with seniority who is subject to layoff will have the option of a
bump or vacancy within his/her unit/cost center within the same job title, but to a
different category of employment and/or to a different shift, (exception: per diem
employees will only have options to other per diem positions);
f.) vacancies that may be filled by employees who are subject to layoff will be
limited to those that exist on the day that the layoff options are given to the first
affected employee in the job title or grade level in the bargaining unit;
g.) all positions which become vacant during the layoff procedure will be posted and
filled as per Article 53, Job Bidding and Transfers;
h.) part-time employees with seniority who are subject to layoff will have the option
to bump the least senior part-time employee who is hired to work the equivalent
163
number of hours. For example: a part-time employee who is hired to work thirty
(30) hours per week may bump the least senior employee who is hired to work
thirty (30) hours per week; in accordance with Section 1.e. above, followed by the
steps in Section 2. below;
i.) when it is necessary to permanently change the number of employees on a shift
within a unit/cost center, such a change will be made first by requesting
volunteers in seniority order from within the unit/cost center. If there are no
volunteers, the least senior employee on the shift to be reduced may choose to be
subject to layoff as per Section 1.e. above, followed by the steps in Section 2.
below or be transferred to the shift on which additional staffing is needed;
j.) it is agreed and understood that employees shall serve a sixty (60) working day
trial period if for any reason under this Article they are placed in a position which
requires substantive variations in techniques and procedures utilized in the
performance of their job. Failure to complete the trial period (voluntary or
involuntary) shall result in that employee being laid-off with recall rights but no
bumping rights;
k.) an employee may volunteer to be subjected to layoff by seniority, in the job title,
unit/cost center, category of employment and shift;
l.) for the purposes of this Article, the parties acknowledge there are day, evening
and night shifts; specifically eight (8) hour day, evening and night shifts; ten (10)
hour day, evening and night shifts; twelve and one-half (12½) and thirteen (13)
hour day, evening and night shifts. Employees subject to layoff will be given
their options based on their specified length of shift. If their specific hours of
work are not available they will be given their options according to the
appropriate shift, day, evening or night shift.
m.) an employee subject to layoff may select a vacancy in another bargaining unit
covered by this Agreement and if qualified, be awarded such position before any
external candidate if offered such a position at any Step of this process.
Section 2. When an employee with seniority is subject to layoff, or has position eliminated
under Section 1. above, such affected employee will be placed in a position in the bargaining unit
in the following sequence:
Step 1: They shall be assigned to any vacant position in the bargaining unit which is in
their category of employment, job title and shift. The employee subject to layoff
may also choose job vacancies within their grade level, category of employment
and/or shift. Temporary positions are not included in this process unless the
employee chooses a temporary position. It is understood that an employee who
chooses a temporary position at this step shall be placed as if they were originally
subject to layoff, once the temporary position has ended. If the employee opts to
drop shift as a requirement for placement, they may do so at any step. If there is a
164
vacancy in another category of employment with lesser hours which has not been
filled by an employee in that category during Step 1. of this procedure, an
employee may opt to fill that vacancy.
Step 2: If no such vacancy exists, they would be permitted to bump any probationary
employee in their category of employment, job title and shift.
Step 3: If there are no probationary employees who may be bumped, then the employee
subject to layoff may bump the least senior employee in their category of
employment, job title and shift, provided the employee meets the requirements for
hiring into that position.
Step 4: If the employee cannot be placed in their category of employment, job title and
shift, they shall be offered the option to bump the least senior employee in their
job title and shift. The word “offered” means the employee cannot be forced, but
can opt to go to Step 5.
Step 5: If the employee cannot be placed within their category of employment, job title
and shift they shall be assigned to any vacant position in the bargaining unit
which is in their category of employment, job title and shift.
Step 6: If no such vacancy exists, they would be permitted to bump any probationary
employee in their category of employment, in the same job title in the bargaining
unit and in the same shift.
Step 7: If there are no probationary employees who may be bumped, then the employees
subject to layoff may bump the least senior employee in their category of
employment, job title in the bargaining unit and the same shift.
Step 8: If the employee cannot be placed within their job title, then they will be assigned
to any vacant position in their category of employment, grade level and shift
provided the employee meets the requirements for hiring into that position.
Step 9: If no vacancy exists, the employee will bump any probationary employee in their
category of employment and grade level provided the employee meets the
requirements for hiring into that position.
Step 10: If there are no probationary employees who may be bumped in Step Nine (9)
above, then the employee may bump the least senior employee in their category of
employment and grade level provided the employee has more seniority than the
least senior employee and meets the requirements for hiring into the position.
Step 11: If the employee cannot be placed in their category of employment and grade level,
they will be offered to bump the least senior employee in any category of
employment in their grade level, provided they meet the requirements for hiring
into that position. The word “offered” means the employee cannot be forced, but
can opt to go to Step 12.
165
Step 12: If the employee cannot be placed within a position in their category of
employment and grade level by Step Eleven (11) above, then the above steps five
(5) through eleven (11) will be repeated in the next lower grade level and then to
subsequent lower grade levels until placed into a position or laid-off.
Once an employee in the title of “Lead or Senior” reaches the point in the layoff procedure
where placement in a position cannot be accomplished in the same “job title”, or “job title” is no
longer a requirement in the available options, said employee shall have the option to move down
to the job title in which they were a Lead or Senior in accordance with the steps above and
provided their seniority is higher than the least senior employee, if a bump is to occur.
The Employer will decide in all cases whether there is vacancy.
Section 3. When an employee is bumped, they will have all the rights of this Article as if
they were originally subject to layoff.
Section 4. At other than Step One (1), the employee may elect a layoff. A refusal to accept a
position for which the employee meets the requirements will result in the employee being laid-
off at that point.
Section 5. It is understood that the employee response must be provided to the appropriate
Human Resource personnel within twenty-four (24) hours of the time they were informed of
their option(s) if their vacancy or bump option is to a position that is the same job title, category
of employment, shift and shift duration. In the event the employee’s option is to a vacancy or
bump that is not their job title, category of employment, shift, and shift duration, a response must
be provided to the appropriate Human Resources personnel within forty-eight (48) hours of the
time the employee was informed of their option(s). Failure to timely respond shall be considered
as a waiver of the option(s) and the employee will be laid off.
Section 6. The Employee shall be given a minimum of seven (7) days’ notice of layoff.
Section 7. When questions arise regarding the ability to perform the work, the burden of
proof will rest with the Union.
Section 8.
Recall Process:
a.) Employees will be recalled from layoff in order of seniority to any open job
within the bargaining unit provided they have the ability to perform the work
available. If the opening is in a different job title, category of employment or
shift, they will have the option to refuse such offer up to two (2) times during
the layoff period.
b.) Following refusal of the two (2) offers referenced in a.) above, the employee will
continue to have recall rights to a position in their job title, category of
employment and shift. (exact match).
166
c.) Once an employee has refused an exact match offer (category of employment, job
title and shift) that employee will have voluntarily severed ties with the employer
and be terminated.
Section 9. Recalls from layoff will be given through direct telephone contact with the
employee, or if the employee is unavailable, by certified mail to the employee’s last known
address, and will give the employee a minimum of fourteen (14) calendar days to report for work
after such notification.
CWA BGMC/TCC
Section 1. In the event it is necessary to layoff employees covered by this Agreement, or to
eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done
as follows:
a.) by providing the Union with the complete plan for staff reduction within the
bargaining unit and by complying with the notification and information requirement
outlined in Article 74, Job Security (inclusive of seniority lists by full bargaining unit
and cost center);
b.) before beginning layoff, verify any recent changes with the applicable managers,
prior to affecting the bump;
c.) by subjecting to layoff the least senior employee or employees in the job title,
unit/cost center, category of employment and shift;
d.) all temporary and then probationary employees in the job title, unit/cost center and
shift in which a layoff is to occur will be terminated prior to any regular employee in
that job;
e.) an employee with seniority who is subject to layoff will have the option of a bump or
vacancy within his/her unit/cost center within the same job title, but to a different
category of employment and/or to a different shift; (Exception: per diem employees
may only have options to other per diem positions.)
f.) vacancies that may be filled by employees who are subject to layoff will be limited to
those that exist on the day that the layoff options are given to the first affected
employee in the job title or grade level in the bargaining unit;
g.) all positions which become vacant during the layoff procedure will be posted and
filled as per Article 53, Job Bidding and Transfers;
h.) part-time employees with seniority who are subject to layoff will have the option to
bump the least senior part-time employee who was hired to work the equivalent
number of hours. For example: a part-time employee who is hired to work thirty (30)
167
hours per week may bump the least senior employee who is hired to work thirty (30)
hours per week; in accordance with the Section 1.e. above, followed by the steps in
Section 2. below;
i.) when it is necessary to permanently change the number of employees on a shift
within a unit/cost center, such a change will be made first by requesting volunteers in
seniority order from within the unit/cost center. If there are no volunteers, the least
senior employee on the shift to be reduced may choose to be subject to layoff as per
Section 1.e. above followed by the steps in Section 2. below or be transferred to the
shift on which additional staffing is needed;
j.) it is agreed and understood that employees shall serve a sixty (60) working day trial
period if for any reason under this Article they are placed in a position which requires
substantive variations in techniques and procedures utilized in the performance of
their job. Failure to complete the trial period (voluntary or involuntary) shall result in
that employee being laid off with recall rights but no bumping rights;
k.) employees may volunteer to be subjected to layoff, by seniority, in the job title,
unit/cost center, category of employment and shift.
l.) for the purposes of this Article, the parties acknowledge there are day, evening and
night shifts; specifically eight (8) hour day, evening and night shifts; ten (10) hour
day, evening and night shifts; twelve (12), twelve and one-half (12½) and thirteen
(13) hour day, evening and night shifts. Employees subject to layoff will be given
their options based on their specified length of shift. If their specific hours of work
are not available they will be given their options according to the appropriate shift,
day, evening or night shift; and
m.) an employee subject to layoff may select a vacancy in another bargaining unit
covered by this Agreement and if qualified, be awarded such position before any
external candidate is offered such position at any Step of this process.
Section 2. When an employee with seniority is subject to layoff, or has their position
eliminated under Section 1. above, such affected employee shall be placed in a position in the
bargaining unit in the following sequence:
Step 1: They shall be assigned to any vacant position in the bargaining unit which is in
their category of employment, job title and shift. The employee subject to layoff
may also choose job vacancies within their Grade Level, category of employment
and/or shift. Temporary positions are not included in this process unless the
employee chooses a temporary position. It is understood that an employee who
chooses a temporary position at this step shall be placed as if they were originally
subject to layoff once the temporary position has ended. If the employee opts to
drop shift as a requirement for placement, they may do so at any step. If there is a
vacancy in another category of employment with lesser hours which has not been
168
filled by an employee in that category during Step 1 of this procedure, an
employee may opt to fill that vacancy.
Step 2: If no such vacancy exists, they would be permitted to bump any probationary
employee in their category of employment, job title and shift.
Step 3: If there are no probationary employees who may be bumped, then the employee
subject to layoff may bump the least senior employee in their category of
employment, job title and shift.
Step 4: If the employee cannot be placed in their category of employment, job title and
shift, they shall be offered the option to bump the least senior employee in their
job title and shift. The word “offered” means the employee cannot be forced, but
can opt to go to Step 5.
Step 5: If the employee cannot be placed within their category of employment, job title,
and shift, they shall be assigned to any vacant position in the bargaining unit
which is in their category of employment, job title.
Step 6: If no such vacancy exists, the employee would be permitted to bump any
probationary employee in their category of employment, in the same job title in
the bargaining unit.
Step 7: If there are no probationary employees who may be bumped, then the employee
subject to layoff may bump the least senior employee in their category of
employment, job title in the bargaining unit.
Step 8: If the employee cannot be placed within their job title, then they shall be assigned
to any vacant position in their category of employment, grade level, and shift
provided the employee meets the requirements for hiring into that position. *
Step 9: If no vacancy exists, the employee shall bump any probationary employee in their
category of employment, grade level and shift, provided the employee meets the
requirements for hiring into that position.
Step 10: If there are no probationary employees who may be bumped in Step Nine (9)
above, then the employee may bump the least senior employee in their category of
employment, grade level and shift, provided the employee has more seniority than
the least senior employee and has the ability to perform the work inclusive of the
requirements for hiring into the position.
Step 11: If the employee cannot be placed in their category of employment and grade level,
they shall be offered to bump the least senior employee in any category of
employment in their grade level, provided they meet the requirements for hiring
into that position. The laid off employee may bump the least senior employee in
any job title within his/her grade level provided they are qualified. If the laid off
169
employee does not have the qualification for that job he/she may move up and
bump the next least senior employee until he/she meets that job qualification
regardless of job title within his/her grade level. The word “offered” means the
employee cannot be forced, but can opt to go to Step 12.
Step 12: If the employee cannot be placed within a position in their category of
employment and grade level by Step Eleven (11) above, then the above Steps five
(5) through eleven (11) shall be repeated in the next lower grade level and then to
subsequent lower grade levels until placed into a position or laid-off.
* Once an employee in the title of “Lead” reaches the point in the layoff procedure where
placement in a position cannot be accomplished in the same “job title”, or “job title” is no longer
a requirement in the available options, said employee shall have the option to move down to the
job title in which they were Lead in accordance with the steps above and provided their seniority
is higher than the least senior employee, if a bump is to occur.
The Employer will decide in all cases whether there is a vacancy.
Section 3. It is understood that an employee shall be offered but not forced into a position in
the L scale provided the Employee meets the requirement for hiring into that position at any step
of this process in Section 2 above. Employees hired before July 31, 2011 will maintain their
current rate of pay should they take a positon in Long Term Care on the L Scale as a result of
this process. All employees hired after July 31, 2011 will move to the appropriate L Scale if they
opt to take a position as a result of this process above.
Section 4. When an employee is bumped, they shall have all rights of this Article, as if they
were originally subject to layoff.
Section 5. At other than Step one (1), the employee may elect a layoff. A refusal to accept a
position for which the employee meets the requirements will result in the employee being laid
off at that point.
Section 6. The Master Agreement separates the technical and clerical employees into two (2)
separate scales. The Clerical Employee Salaries schedule contains thirteen (13) Grades (C 1 –
C13) and the Technical Employee Salaries schedule contains twenty-three (23) Grades (T1 –
T23). Grades C1 – C13 are exactly the same as the hourly rates for T1 – T13. (This applies
towards employees hired prior to 7/13/11). Therefore, the options provided to an employee in
Steps 8 through Step 12 in Section 2. above, will interpret the term “grade level” to include both
the clerical and technical titles in the single grouping.
When providing job options in Steps 8-12 of Section 2 above (where the technical and clerical
job titles are combined) technical employees will be offered options within the technical job
titles first if there are less senior technical employees within that grade who could be bumped.
Comparable clerical jobs that the technical employee may be qualified for will be offered, but the
employee will not be mandated to take the position. The employee may then choose to advance
to the next step.
170
Job options in Steps 8-12 of Section 2 above (where the technical and Clerical job titles are
combined) for Clerical employees will be offered within the Clerical job titles first if there are
less senior clerical employee within that grade who could be bumped. Comparable technical jobs
that the clerical employee may be qualified for will be offered, but the employee will not be
mandated to take the position. The employee may then choose to advance to the next step.
Section 7 It is understood that the employee’s response must be provided to the appropriate
Human Resources personnel within twenty-four (24) hours of the time they were informed of
their option(s) if their vacancy or bump option is to a position that is the same job title, category
of employment, shift, and shift duration. In the event the employee’s option is to a vacancy or
bump that is not their job title, category of employment, shift, and shift duration, a response must
be provided to the appropriate Human Resources personnel within forty-eight (48) hours of time
the employee was informed of their option(s). Failure to timely respond shall be considered as a
waiver of the option(s) and the employee will be laid off.
Section 8. The Employer shall give a minimum of seven (7) days’ notice of layoff.
Section 9. When questions arise regarding the ability to perform the work, the burden of
proof shall rest with the Union.
Section 10.
Recall Process:
a.) Employees will be recalled from layoff in order of seniority to any open job
within the bargaining unit provided they have the ability to perform the
work available. If the opening is in a different job title, category of
employment or shift, they will have the option to refuse such offer up to two
(2) times during the layoff period.
b.) Following refusal of the two (2) offers referenced in a.) above, the employee
will continue to have recall rights to a position in his/her job title, category of
employment and shift (exact match).
c.) Once an employee has refused an exact match offer (category of employment,
job title and shift) that employee will have voluntarily severed ties with the
Employer and be terminated.
Section 11. Recalls from layoff will be given through direct telephone contact with the
employee, or if the employee is unavailable, by certified mail to the employee’s last known
address, and will give the employee a minimum of fourteen (14) calendar days to report for work
after such notification.
171
CWA DMH/RN
Section 1. The Employer agrees to give the Union advance notice of its intention to layoff or
to eliminate a filled position and afford the Union the reasonable opportunity to discuss the
layoff or elimination.
Section 2. An employee affected by a reduction in hours will be considered subject to layoff
for the purposes of this Article.
Section 3. The Employer will give the employees at least seven (7) calendar days’ notice of
the date of the initial layoff.
Section 4. A list of employees targeted for layoff will be provided to the Union along with a
list of available job vacancies and a seniority list by full bargaining unit and cost center. Once
the layoff procedure is completed, the Employer will provide the Union with a list of positions
offered, final placement, subsequently bumped employees and their movement, and so on.
Section 5. Employees may volunteer to be subjected to layoff, by seniority, in the job title,
unit/cost center, category of employment and shift.
Section 6. It is understood that, whenever possible, temporary, probationary, and least senior
employees, in that order and by job title, will be subject to layoff first.
Section 7. An employee subject to layoff may select a vacancy in another bargaining unit
covered by this Agreement and if qualified, be awarded such position before any external
candidate is offered such position at any Step of this process.
Section 8. If no vacancy exists in his/her job title, category, and shift, such an employee
targeted for layoff may elect a layoff instead of bumping the least senior employee without
jeopardizing unemployment benefits, subject to New York State regulations (and where the cost
of unemployment to the Employer would not differ).
Section 9. In the event it is necessary to eliminate, reduce, or layoff any employee covered
by this Agreement, the Employer will determine:
a.) the specific shift and category in a job title and work location; or
b.) the unit closing or multiple reductions within a department; and
c.) the number of vacancies, temporary and probationary positions in the affected job
titles.
Section 10. In instances where the employee is targeted for layoff, the procedure described
below shall be followed sequentially. The affected employee must possess both the required
qualifications listed on the job description before being allowed to bump another employee.
However, a more senior employee who does not possess these skills may, by mutual agreement
172
by both the Employer and Union, bump a skilled, less senior employee providing that the
remaining staff’s level of expertise can support this.
In no circumstances shall a part-time employee be mandated to accept another part-time position
that would result in a reduction in regularly scheduled hours, provided there are less senior
employees with equivalent scheduled hours.
Additionally, any employee possessing qualifications not presently required under current job
description shall not be forced to make any of the selections that follow based on such
qualifications. (i.e., an RN who possesses ACLS certification).
Section 11. The affected employee may use his/her layoff options in a higher pay grade
provided his/her recent experience (defined as within three [3] years) in that higher pay grade
was with the Employer and he/she still meets the required qualifications for the position. Such
employee shall follow steps b.) through f.) sequentially, substituting “his/her job title” with the
higher pay grade job title.
a.) An employee who is subject to layoff will have the option to bump the least
senior employee within his/her cost center within the same job title but to a
different category and/or to a different shift. It is understood that before a part-
time employee can bump a full-time or flex employee, he/she must eliminate all
part-time options on the other shifts.
b.) Assumes any vacancy in his/her job title, category, and shift or the affected
employee may also choose any other vacancy, if he/she meets the required
qualifications for the position.
c.) Bumps any temporary or probationary employee in his/her job title, category, and
shift.
d.) Bumps the least senior employee in his/her job title, category, and shift.
e.) May bump the least senior employee in his/her job title, or proceeds to step f).
f.) Assumes a vacancy in his/her category and shift in a job title in the same pay
grade, unless he/she does not meet the required qualifications of the position.
g.) Bumps any temporary or probationary employee in his/her category and shift in a
job title in the same pay grade, unless he/she does not meet the required
qualifications of the position.
h.) Bumps the least senior employee in his/her same pay grade, category and shift,
unless he/she does not meet the required qualifications of the position.
173
i.) May bump the least senior employee in a job title in his/her same pay grade,
unless he/she does not meet the required qualifications for the position; or
proceeds to step j.
j.) If no position exists in the same pay grade, the employee targeted for layoff may
follow the same sequence in f.) through i.) in successively lower pay grades.
k.) If no such position exists in the above sequence, the employee targeted for layoff
will be laid off.
Section 12. It is understood that an employee shall be offered but not forced into a position in
the L scale provided the Employee meets the requirement for hiring into that position at any step
of this process in Section 11 above. Employees hired before July 31, 2011 will maintain their
current rate of pay should they take a positon in Long Term Care on the L Scale as a result of
this process. All employees hired after July 31, 2011 will move to the appropriate L Scale if they
opt to take a position as a result of this process above.
Section 13. It is understood that the employee’s response must be provided to the appropriate
Human Resources personnel within twenty-four (24) hours of the time he/she was informed of
his/her option(s) if his/her vacancy or bump option is to a position that is the same job title,
category of employment, shift, and shift duration. In the event the employee’s option is to a
vacancy or bump that is not their job title, category of employment, shift, and shift duration, a
response must be provided to the appropriate Human Resources personnel within forty-eight (48)
hours of the time the employee was informed of his/her option(s).
Section 14. It is agreed and understood that employees shall serve a sixty (60) working day
trial period if for any reason under this article they are placed in a position that requires
substantive variations in techniques and procedures utilized in the performance of their job.
Failure to complete the trial period (voluntary or involuntary) results in the employee being laid
off.
Section 15. In instances of a unit closing or multiple reductions within a department, the
sequence outlined in Section 9. will be followed in order of greatest seniority.
Section 16. Any employee bumped out of his/her position as a result of the layoff procedures
will then be considered targeted for layoff and follow the sequences outlined in Section 10.
Section 17. Vacancies filled by an employee subject to layoff will not be posted. These and
other posted positions for which no employee has been selected and officially informed of the
selection may be used by the Employer as a vacant position under this Article.
Section 18. For purposes of this Article, downgraded shall mean a reduction in pay, a change
in shift, or a drop in category, including a permanent reduction in regularly scheduled hours.
These employees shall have a recall period of twenty-four (24) months as detailed in Section 19
of this Article.
174
Section 19. Employees laid off or downgraded during the stated recall period, shall be
recalled to fill vacancies in order of seniority, starting with the most senior laid off or
downgraded employee. Any vacant position in the same or lower grades within the bargaining
unit that would bring the affected employee closer to his/her original position (including
category, grade, shift and hours of work) shall be offered, unless such employee does not meet
the required qualifications of the position.
Section 20. If an employee either accepts or refuses a recall outside of his/her job title,
category and shift, the employee will be maintained on the recall list in order of seniority during
the stated recall period.
Section 21. Any employee subjected to any step in Section 11 shall have the right to bid on
posted positions per Article 53, Job Bidding and Transfers, of the Master Agreement.
Section 22. An employee recalled to a temporary position will be maintained on the recall list
by seniority, should a permanent position become available.
An employee recalled to a temporary position will be returned to the previously held
downgraded permanent position or returned to layoff, whichever is applicable when the
temporary assignment ends. The recall to a temporary position will not affect the stated recall
period, as defined in Sections 18 and 19 when the temporary assignment ends.
Section 23. Full-time, flex and part-time employees who indicate a willingness to work on an
as needed basis will be placed on the appropriate list and will be called into work in order of
their seniority.
Section 24. Recalls from layoff will be given through direct telephone contact with the
employee, or if the employee is unavailable, by certified mail to the employee’s last known
address. Such notice will give the employee at least fourteen (14) calendar days to report to
work.
CWA DMH/PROF
Section 1. In the event it is necessary to layoff employees covered by this Agreement, or to
eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done
as follows:
a.) by providing the Union with the complete plan for staff reduction within the
bargaining unit and by complying with the notification and information requirement
outlined in Article 74, Job Security/Committee (inclusive of seniority lists by full
bargaining unit and cost center);
b.) before beginning layoff, verify any recent changes with the appropriate managers,
prior to effecting the bump;
175
c.) by subjecting to layoff the least senior employee or employees in the job title unit/
cost center, category of employment and shift;
d.) all temporary and then probationary employees in the job title, category unit/cost
center and shift in which a layoff is to occur will be terminated prior to any regular
employee in that job title, cost center and shift, being subject to layoff;
e.) an employee with seniority who is subject to layoff will have the option of a bump
within his/her unit/cost center within the same job title, but to a different category of
employment and/or to a different shift except per diem employees who will only have
options to other per diem positions;
f.) vacancies that may be filled by employees who are subject to layoff will be limited to
those that exist on the day that the layoff options are given to the first affected
employee in the job title or grade level in the bargaining unit;
g.) all positions which become vacant during the layoff procedure will be posted and
filled as per Article 53, Job Bidding and Transfers;
h.) part-time employees with seniority who are subject to layoff will have the option to
bump the least senior part-time employee who is hired to work the equivalent number
of hours. For example: a part-time employee who is hired to work thirty (30) hours
per week may bump the least senior employee who is hired to work thirty (30) hours
per week; in accordance with Section 1.e. above, followed by the steps in Section 2.
below;
i.) when it is necessary to permanently change the number of employees on a shift
within a unit/cost center, such a change will be made first by requesting volunteers, in
seniority order, from within the unit/cost center. If there are no volunteers, the least
senior employee on the shift to be reduced may choose to be subject to layoff as per
Section 1.e. above, followed by the steps in Section 2. below or be transferred to the
shift on which additional staffing is needed;
j.) it is agreed and understood that employees shall serve a sixty (60) working day trial
period if for any reason under this Article they are placed in a position which requires
substantive variations in techniques and procedures utilized in the performance of
their job. Failure to complete the trial period (voluntary or involuntary) shall result in
that employee being laid-off with recall rights but no bumping rights;
k.) an employee may volunteer to be subjected to layoff by seniority, in the job title,
unit/cost center, category of employment and shift;
l.) an employee subject to layoff may select a vacancy in another bargaining unit
covered by this Agreement and if qualified, be awarded such position before any
external candidate is offered such position at any Step of this process.
176
Section 2. When an employee with seniority is subject to layoff, or has position eliminated
under Section 1. above, such affected employee will be placed in a position in the bargaining unit
in the following sequence:
Step 1: They shall be assigned to any vacant position in the bargaining unit which is in
their category of employment, job title and shift. The employee subject to layoff
may also choose job vacancies within their grade level, category of employment
and/or shift. Temporary positions are not included in this process unless the
employee chooses a temporary position. It is understood that an employee who
chooses a temporary position at this step shall be placed as if they were originally
subject to layoff, once the temporary position has ended. If the employee opts to
drop shift as a requirement for placement, they may do so at any step. If there is a
vacancy in another category of employment with lesser hours which has not been
filled by an employee in that category during Step 1. of this procedure, an
employee may opt to fill that vacancy.
Step 2: If no such vacancy exists, they would be permitted to bump any probationary
employee in their category of employment, job title and shift.
Step 3: If there are no probationary employees who may be bumped, then the employee
subject to layoff may bump the least senior employee in their category of
employment, job title and shift.
Step 4: If the employee cannot be placed in their category of employment, job title and
shift, they shall be offered the option to bump the least senior employee in their
job title and shift. The word “offered” means the employee cannot be forced, but
can opt to go to Step 5.
Step 5: If the employee cannot be placed within their category of employment, job title
and shift they shall be assigned to any vacant position in the bargaining unit
which is in their category of employment, job title and shift.
Step 6: If no such vacancy exists, they would be permitted to bump any probationary
employee in their category of employment, in the same job title in the bargaining
unit and in the same shift.
Step 7: If there are no probationary employees who may be bumped, then the employees
subject to layoff may bump the least senior employee in their category of
employment, job title in the bargaining unit and the same shift.
Step 8: If the employee cannot be placed within their job title, then they will be assigned
to any vacant position in their category of employment, grade level and shift
provided the employee meets the requirements for hiring into that position *.
177
Step 9: If no vacancy exists, the employee will bump any probationary employee in their
category of employment and grade level provided the employee meets the
requirements for hiring into that position.
Step 10: If there are no probationary employees who may be bumped in Step Nine (9)
above, then the employee may bump the least senior employee in their category of
employment and grade level provided the employee has more seniority than the
least senior employee and has the ability to perform the work inclusive of the
requirements for hiring into the position.
Step 11: If the employee cannot be placed in their category of employment and grade level,
they will be offered to bump the least senior employee in any category of
employment in their grade level, provided they meet the requirements for hiring
into that position. The word “offered” means the employee cannot be forced, but
can opt to go to Step 12.
Step 12: If the employee cannot be placed within a position in their category of
employment and grade level by Step Eleven (11) above, then the above steps five
(5) through eleven (11) will be repeated in the next lower grade level and then to
subsequent lower grade levels until placed into a position or laid-off.
* Once an employee in the title of “Lead or Senior” reached the point in the layoff procedure
where placement in a position cannot be accomplished in the same “job title”, or “job title” is no
longer a requirement in the available options, said employee shall have the option to move down
to the job title in which they were a Lead or Senior in accordance with the steps above and
provided their seniority is higher than the least senior employee, if a bump is to occur.
The Employer will decide in all cases whether there is a vacancy.
Section 3. When an employee is bumped, they will have all the rights of this Article as if
they were originally subject to layoff.
Section 4. At other than Step One (1), the employee may elect a layoff. A refusal to accept a
position for which the employee meets the requirements will result in the employee being laid-
off at that point.
Section 5. It is understood that the employee response must be provided to the appropriate
Human Resource personnel within twenty-four (24) hours of the time they were informed of
their option(s) if their vacancy or bump option is to a position that is the same job title, category
of employment, shift and shift duration. In the event the employee’s option is to a vacancy or
bump that is not their job title, category of employment, shift, and shift duration, a response must
be provided to the appropriate Human Resources personnel within forty-eight (48) hours of the
time the employee was informed of their option(s). Failure to timely respond shall be considered
as a waiver of the option(s) and the employee will be laid off.
Section 6. The Employer shall be given a minimum of seven (7) days’ notice of layoff.
178
Section 7. When questions arise regarding the ability to perform the work, the burden of
proof will rest with the Union.
Section 8. Employees will be recalled from layoff in order of seniority to any open job
within the bargaining unit provided they have the ability to perform the work available. If the
opening is in a different job title, category of employment or shift, they will have the option to
refuse such offer up to two (2) times during the layoff period. Following such refusal the
employee will continue to have recall rights to a position in their job title, category of
employment and shift.
Section 9. For purposes of this Article, downgraded shall mean a reduction in pay, a change
in shift, or a drop in category, including a permanent reduction in regularly scheduled hours.
These employees shall have a recall period of twenty four (24) months as detailed in Section 8 of
this Article.
Section 10. Employees laid off or downgraded during the stated recall period, shall be
recalled to fill vacancies in order of seniority, starting with the most senior laid off or
downgraded employee. Any vacant position in the same or lower grades within the bargaining
unit that would bring the affected employee closer to his/her original position (including
category, grade, shift and hours of work) shall be offered, unless such employee does not meet
the required qualifications of the position.
Section 11. Recalls from layoff will be given through direct telephone contact with the
employee, or if the employee is unavailable, by certified mail to the employee’s last known
address, and will give the employee a minimum of fourteen (14) calendar days to report for work
after such notification.
CWA DMH/TCCS
Section 1. The Employer agrees to give the Union advance notice of its intention to layoff or
to eliminate a filled position and afford the Union the reasonable opportunity to discuss the
layoff or elimination.
Section 2. An employee affected by a reduction in hours will be considered subject to layoff
for the purposes of this Article.
Section 3. The Employer will give the employees at least seven (7) calendar days’ notice of
the date of the initial layoff.
Section 4. A list of employees targeted for layoff will be provided to the Union along with a
list of available job vacancies and a seniority list by full bargaining unit and cost center. Once
the layoff procedure is completed, the Employer will provide the Union with a list of positions
offered, final placement, subsequently bumped employees and their movement, and so on.
179
Section 5. Employees may volunteer to be subjected to layoff by seniority, in the job title,
unit/cost center, category of employment and shift.
Section 6. It is understood that, whenever possible, temporary, probationary, and least senior
employees, in that order and by job title, will be subject to layoff first.
Section 7. If no vacancy exists in his/her job title, category, and shift, such an employee
targeted for layoff may elect a layoff instead of bumping a less senior employee without
jeopardizing unemployment benefits, subject to New York State regulations (and where the cost
of unemployment to the Employer would not differ).
Section 8. An employee subject to layoff may select a vacancy in another bargaining unit
covered by this Agreement and if qualified, be awarded such position before any external
candidate is offered such position at any Step of this process.
Section 9. In the event it is necessary to eliminate, reduce, or layoff any employee covered
by this Agreement, the Employer will determine:
a.) the specific shift and category in a job title and work location; or
b.) the unit closing or multiple reductions within a department; and
c.) the number of vacancies, temporary and probationary positions in the affected job
titles.
Section 10. In instances where the employee is targeted for layoff, the procedure described
below shall be followed sequentially. In no circumstances shall a part-time employee be
mandated to accept another part-time position that would result in a reduction in regularly
scheduled hours, provided there are less senior employees with equivalent scheduled hours.
Additionally, any employee possessing qualifications not presently required under current job
description (i.e., a hospital based Nurses Assistant who possesses CNA certification) shall not be
forced to make any of the selection that follow based on such qualifications.
The affected employee may use his/her layoff options in a higher pay grade provided his/her
recent experience (defined as within three [3] years) in that higher pay grade was with the
Employer and he/she still meets the required qualifications for the position. Such employee shall
follow steps b.) through f.) sequentially, substituting “his/her job title” with the higher pay grade
job title.
a.) An employee who is subject to layoff will have the option to bump any less senior
employee within his/her department/unit and within the same job title but to a
different category and/or to a different shift.
180
b.) Assumes any vacancy in his/her job title, category, and shift or the affected employee
may also choose any other vacancy, if he/she meets the required qualifications for the
position.
c.) Bumps any temporary or probationary employee in his/her job title, category, and
shift.
d.) Bumps any less senior employee in his/her job title, category, and shift.
e.) May bump any less senior employee in his/her job title, or proceed to step f.).
f.) Assumes a vacancy in his/her category and shift in a job title in the same pay grade,
unless he/she does not meet the required qualifications of the position.
g.) Bumps any temporary or probationary employee in his/her category and shift in a job
title in the same pay grade, unless he/she does not meet the required qualifications of
the position *.
h.) Bumps any less senior employee in his/her same pay grade, category and shift, unless
he/she does not meet the required qualifications of the position.
i.) May bump any less senior employee in a job title in his/her same pay grade, unless
he/she does not meet the required qualifications for the position; or proceeds to step
j.).
j.) If no position exists in the same pay grade, the employee targeted for layoff may
follow the same sequence in f.) through i.) in successively lower pay grades.
k.) If no such position exists in the above sequence, the employee targeted for layoff will
be laid off.
* Once any employee in the title of “Lead” reached the point in the layoff procedure where
placement in a position cannot be accomplished in the same “job title”, or “job title” is no longer
a requirement in the available options, said employee shall have the option to move down to the
job title in which they were a Lead in accordance with the steps above and provided their
seniority is higher than the least senior employee, if a bump is to occur.
Section 11. It is understood that an employee shall be offered but not forced into a position in
the L scale provided the Employee meets the requirement for hiring into that position at any step
of this process in Section 10 above. Employees hired before July 31, 2011 will maintain their
current rate of pay should they take a positon in Long Term Care on the L Scale as a result of
this process. All employees hired after July 31, 2011 will move to the appropriate L Scale if they
opt to take a position as a result of this process above.
Section 12. The Master Agreement separates the technical and clerical employees into two (2)
separate scales. The Clerical Employee Salaries schedule contains thirteen (13) Grades (C 1 -
181
C13) and the Technical Employee Salaries schedule contains twenty-three (23) Grades (T1 –
T23). Grades C1 – C13 are exactly the same as the hourly rates for T1 – T13. (This applies
towards employees hired prior to 7/13/11). Therefore, the options provided to an employee in f
through k in Section 10. above, will interpret the term “grade level” to include both the clerical
and technical titles in the single grouping.
When providing job options in Steps f-k of Section 10 above (where the technical and clerical
job titles are combined) technical employees will be offered options within the technical job
titles first if there are less senior technical employees within that grade who could be bumped.
Comparable clerical jobs that the technical employee may be qualified for will be offered, but the
employee will not be mandated to take the position. The employee may then choose to advance
to the next step.
Job options in Steps f-k of Section 10 above (where the technical and Clerical job titles are
combined) for Clerical employees will be offered within the Clerical job titles first if there are
less senior clerical employee within that grade who could be bumped. Comparable technical jobs
that the clerical employee may be qualified for will be offered, but the employee will not be
mandated to take the position. The employee may then choose to advance to the next step.
Section 13. It is understood that the employee’s response must be provided to the appropriate
Human Resources personnel within twenty-four (24) hours of the time he/she was informed of
his/her option(s) if their vacancy or bump option is to a position that is the same job title,
category of employment, shift, and shift duration. In the event the employee’s option is to a
vacancy or bump that is not his/her job title, category of employment, shift and shift duration, a
response must be provided to the appropriate Human Resources personnel within forty-eight (48)
hours of the time the employee was informed of his/her option(s).
Section 14. It is agreed and understood that employees shall serve a sixty (60) working days
trial period if for any reason under this article they are placed in a position which requires
substantive variations in techniques and procedures utilized in the performance of their job.
Failure to complete the trial period (voluntary or involuntary) results in the employee being laid
off.
Section 15. In instances of a unit closing or multiple reductions within a department, the
sequence outlined in Section 9. will be followed in order of greatest seniority.
Section 16. Any employee bumped out of his/her position as a result of the layoff procedures
will then be considered targeted for layoff and follow the sequence outlined in Section 10.
Section 17. Vacancies filled by an employee subject to layoff will not be posted. These and
other posted positions for which no employee has been selected and officially informed of the
selection may be used by the Employer as a vacant position under this Article.
Section 18. For purposes of this Article, downgraded shall mean a reduction in pay, a change
in shift, or a drop in category, including a permanent reduction in regularly scheduled hours.
182
These employees shall have a recall period of twenty-four (24) months as detailed in Section 19.
of this Article.
Section 19. Employees laid off or downgraded during the stated recall period, shall be
recalled to fill vacancies in order of seniority, starting with the most senior laid off or
downgraded employee. Any vacant position in the same or lower grades within the bargaining
unit that would bring the affected employee closer to his/her original position (including
category, grade, shift and hours of work) shall be offered, unless such employee does not meet
the required qualifications of the position.
Section 20. If an employee either accepts or refuses a recall outside of his/her job title,
category and shift, the employee will be maintained on the recall list in order of seniority during
the stated recall period.
Section 21. Any employee subjected to any step in Section 10. shall have the right to bid on
posted positions per Article 53, Job Bidding and Transfers, of the Master Agreement.
Section 22. An employee recalled to a temporary position will be maintained on the recall list
by seniority, should a permanent position become available.
An employee recalled to a temporary position will be returned to the previously held
downgraded permanent position or returned to layoff, whichever is applicable when the
temporary assignments ends. The recall to a temporary position will not affect the stated recall
period, as defined in Sections 18 and 19, when the temporary assignment ends.
Section 23. Full-time, flex and part-time employees who indicate a willingness to work on an
“as needed basis” will be placed on the appropriate list and will be called into work in order of
their seniority.
Section 24. Recalls from layoff will be given through direct telephone contact with the
employee, or if the employee is unavailable, by certified mail to the employee’s last known
address. Such notice will give the employee at least fourteen (14) calendar days to report to
work.
CWA MFH/RN
Section 1. In the event it is necessary to lay off employees covered by this Agreement, or to
eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done
as follows:
a.) by providing the Union with the complete plan for staff reduction within the
bargaining unit and by complying with the notification and information
requirement outlined in Article 74, Job Security/Committee;
183
b.) by subjecting to layoff the least senior employee or employees in the job title,
unit/cost center, category of employment and shift;
c.) all temporary and then probationary employees in the job title, unit/cost center
and shift in which a layoff is to occur will be terminated prior to any regular
employee in that job title, unit/cost center, and shift being subject to layoff;
d.) an employee with seniority who is subject to layoff will have the option of a
bump or vacancies within his/her unit/cost center within the same job title, but to
a different category of employment and/or to a different shift;
e.) vacancies that may be filled by employees who are subject to layoff will be
limited to those that exist on the day that the layoff options are given to the first
affected employee in the job title or grade level in the bargaining unit;
f.) all positions which become vacant during the layoff procedure will be posted and
filled as per Article 53, Job Bidding and Transfers;
g.) part-time employees with seniority who are subject to layoff will have the option
to bump the least senior part-time employee who is hired to work the equivalent
number of hours. For example: a part-time employee who is hired to work thirty
(30) hours per week may bump the least senior employee who is hired to work
thirty (30) hours per week; in accordance with the steps in Section 2. below;
h.) when it is necessary to permanently change the number of employees on a shift
within a unit/cost center, such a change will be made first by requesting
volunteers from within the unit/cost center. If there are no volunteers, the least
senior employee on the shift to be reduced may choose to be subject to layoff as
per Section 2. below, or be transferred to the shift on which additional staffing is
needed;
i.) employees subject to layoff will have the option to job choices within their grade
level and/or job title;
j.) it is agreed and understood that employees shall serve a sixty (60) working day
trial period if for any reason under this Article they are placed in a position which
requires substantive variations in techniques and procedures utilized in the
performance of their job. Failure to complete the trial period (voluntary or
involuntary) shall result in that employee being laid-off with recall but no
bumping rights;
k.) for the purposes of this Article, the parties acknowledge there are day, evening
and night shifts; specifically eight (8) hour day, evening and night shifts; ten (10)
hour day, evening and night shifts; twelve and one-half (12½) or thirteen (13)
hour day, evening and night shifts. Employees subject to layoff will be given
their options based on their specified length of shift;
184
If their specific hours of work are not available they will be given their options
according to the appropriate shift; day, evening or night shift.
l.) employees may volunteer to be subjected to layoff, by seniority, in the job titles,
unit/cost center, category of employment and shift.
m.) per diem employees subject to layoff may not bump a benefited employee.
n.) an employee subject to layoff may select a vacancy in another bargaining unit
covered by this Agreement and if qualified, be awarded such position before any
external candidate is offered such position at any Step of this process.
Section 2. When an employee with seniority is subject to layoff, or has their position
eliminated under Section 1. above, such affected employee shall be placed in a position in the
bargaining unit in the following sequence with union representation if available:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is
their category of employment, job title and shift. The employee subject to layoff
may also choose job vacancies within their grade level, category of employment
and/or shift. Temporary positions are not included in this process unless the
employee chooses a temporary position. It is understood that an employee who
chooses a temporary position at this step shall be placed as if they were originally
subject to layoff and will be given options once the temporary position expires. If
the employee opts to drop shift as a requirement for placement, they may do so at
any step. If there is a vacancy in another category of employment with lesser
hours which has not been filled by an employee in that category during Step 1 of
this procedure, an employee may opt to fill that vacancy.
Step 2: Second, if no such vacancy exists, they would be permitted to bump any
probationary employee in their unit/cost center, category of employment, job title
and shift.
Step 3: Third, if there are no probationary employees who may be bumped, then the
employee subject to layoff may bump the least senior employee in their category
of employment, job title and shift.
Step 4: Fourth, if the employee cannot be placed in their category of employment, job
title and shift, they shall be offered the option to bump the least senior employee
in their job title and shift. The word “offered” means the employee cannot be
forced but can opt to go to Step 5.
Step 5: Fifth, if the employee cannot be placed within their job title, they shall be
assigned to any vacant position in their category of employment; grade level and
shift provided the employee meets the requirements for hiring into that position.
185
Step 6: Sixth, if no such vacancy exists, the employee shall bump any probationary
employee in their category of employment, grade level and shift provided the
employee meets the requirements for hiring into that position.
Step 7: Seventh, if there are no probationary employees who may be bumped in Step 6
above, then the employees may bump the least senior employee in their category
of employment, grade level and shift, provided the employee has more seniority
than the least senior employee and meets the requirements for hiring into the
position.
Step 8: Eighth, if the employee cannot be placed within a position in their category of
employment, grade level and shift, they shall be assigned to any vacant position in
their category of employment, grade level provided the employee meets the
requirements for hiring into that position.
Step 9: Ninth, if no vacancy exists, the employee shall bump any probationary employee
in their category of employment and grade level provided the employee meets the
requirements for hiring into that position.
Step 10: Tenth, if there are no probationary employees who may be bumped in Step 9
above, then the employee may bump the least senior employee in their category of
employment, grade level provided the employee has more seniority than the least
senior employee and meets the requirements for hiring into the position.
Step 11: Eleventh, if the employee cannot be placed in their category of employment and
grade level, they shall be offered to bump the least senior employee in any
category of employment in their grade level, provided they meet the requirements
for hiring into that position. (The word “offered” means the employee cannot be
forced but can opt to go to Step 12.)
Step 12: Twelfth, if the employee cannot be placed within a position in their grade level by
Step 11 above, then the above Steps 5 through 11 shall be repeated in the next
lower grade level and then to subsequent lower grade levels until placed into a
position or laid-off.
The Employer will decide in all cases whether there is vacancy.
Section 3. When an employee is bumped, they shall have all the rights of this Article as if
they were originally subject to layoff, beginning with Section 1. of this Article.
Section 4. At other than Step 1, the employee may elect a layoff. A refusal to accept a
position for which the employee meets the requirements will result in the employee being laid
off at that point.
Section 5. It is understood that the employee’s response must be provided to the appropriate
Human Resources personnel within twenty-four (24) hours of the time they were informed of
186
their option(s) if their vacancy or bump option is to a position that is the same job title, category
of employment, shift, and shift duration. In the event the employee’s option is to a vacancy or
bump that is not their job title, category of employment, shift, and shift duration, or at another
site within the bargaining unit, a response must be provided to the appropriate Human Resources
personnel within forty-eight (48) hours of the time the employee was informed of their option(s).
Failure to timely respond shall be considered as a waiver of the option(s) and the employee will
be laid off.
Section 6. The Employer shall give a minimum of seven (7) days’ notice of layoff.
Section 7. When questions arise regarding the ability to perform the work, the burden of
proof shall rest with the Union.
Section 8.
Recall Process:
a.) Employees will be recalled from layoff in order of seniority to any open job
within the bargaining unit provided they have the ability to perform the
work available. If the opening is in a different job title, category of
employment or shift, they will have the option to refuse such offer up to two
(2) times during the layoff period.
b.) Following refusal of the two (2) offers referenced in a.) above, the employee
will continue to have recall rights to a position in his/her job title, category of
employment and shift (exact match).
c.) Once an employee has refused an exact match offer (category of employment,
job title and shift) that employee will have voluntarily severed ties with the
Employer and be terminated.
Section 9. Recalls from layoff will be given through direct telephone contact with the
employee, or if the employee is unavailable, by certified mail to the employee’s last known
address, and will give the employee a minimum of fourteen (14) calendar days to report for work
after such notification.
CWA MFH/PROF
Section 1. In the event it is necessary to layoff employees covered by this Agreement, or to
eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done
as follows:
a.) by providing the Union with the complete plan for staff reduction within the
bargaining unit and by complying with the notification and information requirement
outlined in Article 74, Job Security/Committee;
187
b.) by subjecting to layoff the least senior employee or employees in the job title, cost
center and/or laboratory section, category of employment and shift;
c.) an employee may volunteer to be subject to layoff by seniority, in the job title, cost
center and/or laboratory section, category of employment and shift;
d.) all temporary and then probationary employees in the job title, cost center and/or
laboratory section and shift in which a layoff is to occur will be terminated prior to
any regular employee in that job title, cost center and/or laboratory section and shift,
being subject to layoff;
e.) an employee with seniority who is subject to layoff will have the option of a bump or
vacancy within his/her cost center and/or laboratory section within the same job title,
but to a different category of employment and/or to a different shift; except per diem
employees who will only have options to other per diem positions;
f.) vacancies that may be filled by employees who are subject to layoff will be limited to
those that exist on the day that the layoff options are given to the first affected
employee in the job title or grade level in the bargaining unit;
g.) all positions which become vacant during the layoff procedure will be posted and
filled as per Article 53, Job Bidding and Transfers;
h.) part-time employees with seniority who are subject to layoff will have the option to
bump the least senior part-time employee who is hired to work the equivalent number
of hours. For example: a part-time employee who is hired to work thirty (30) hours
per week may bump the least senior employee who is hired to work thirty (30) hours
per week; in accordance with the steps in Section 2. below;
i.) when it is necessary to permanently change the number of employees on a shift
within a cost center and/or laboratory section, such a change will be made first by
requesting volunteers in seniority order from within the cost center and/or laboratory
section. If there are no volunteers, the least senior employee on the shift to be
reduced may choose to be subject to layoff as per Section 2. below or be transferred
to the shift on which additional staffing is needed;
j.) it is agreed and understood that employees shall serve a sixty (60) working day trial
period if for any reason under this Article they are placed in a position which requires
substantive variations in techniques and procedures utilized in the performance of
their job. Failure to complete the trial period (voluntary or involuntary) will result in
that employee being laid-off with recall rights not bumping rights;
k.) for the purposes of this Article, the parties acknowledge there are day, evening and
night shifts; specifically eight (8) hour day, evening and night shifts; ten (10) hour
day, evening and night shifts; twelve and one-half (12½) and thirteen (13) hour day,
evening and night shifts. Employees subject to layoff will be given their options
188
based on their specified length of shift. If their specific hours of work are not
available they will be given their options according to the appropriate shift; day,
evening or night shift;
l.) an employee subject to layoff may select a vacancy in another bargaining unit
covered by this Agreement and if qualified, be awarded such position before any
external candidate is offered such position at any Step of this process.
Section 2. When an employee with seniority is subject to layoff, or has their position an
employee may volunteer to be subjected to layoff by seniority, in the job title, cost center and/or
laboratory section, category of employment eliminated under Section 1. above, such affected
employee will be placed in a position in the bargaining unit in the following sequence:
Step 1: First, they will be assigned to any vacant position in the bargaining unit which is
in their category of employment, job title and shift. The employee subject to
layoff may also choose job vacancies within their category of employment and/or
shift. Temporary positions are not included in this process unless the employee
chooses a temporary position. It is understood that an employee who chooses a
temporary position at this step will be placed as if they were originally subject to
layoff once the temporary position expires. If the employee opts to drop shift as a
requirement for placement, they may do so at any step. If there is a vacancy in
another category of employment with lesser hours which has not been filled by an
employee in that category during Step 1 of this procedure, an employee may opt
to fill that vacancy.
Step 2: Second, if no such vacancy exists, they would be permitted to bump any
probationary employee in their laboratory, category of employment, job title and
shift.
Step 3: Third, if there are no probationary employees who may be bumped, then the
employee subject to layoff may bump the least senior employee in their
laboratory, category of employment, job title and shift, provided the employee
meets the requirements for that position.
Step 4: Fourth, if the employee cannot be placed in their laboratory, category of
employment, job title and shift, they will be offered the option to bump the least
senior employee in their job title and shift. The word “offered” means the
employee cannot be forced, but can opt to go to Step 5.
Step 5: Fifth, if the employee cannot be placed within their laboratory, category of
employment, job title and shift they will be assigned to any vacant position in the
bargaining unit which is in their category of employment, job title and shift.
Step 6: Sixth, if no such vacancy exists, they would be permitted to bump any
probationary employee in their category of employment, in the same job title in
the bargaining unit and in the same shift.
189
Step 7: Seventh, if there are no probationary employees who may be bumped, then the
employees subject to layoff may bump the least senior employee in their category
of employment, job title in the bargaining unit and the same shift.
Step 8: Eighth, if the employee cannot be placed within their job title, then they will be
assigned to any vacant position in their category of employment, grade level and
shift provided the employee meets the requirements for hiring into that position.*
Step 9: Ninth, if no vacancy exists, the employee will bump any probationary employee
in their category of employment and grade level provided the employee meets the
requirements for hiring into that position.
Step 10: Tenth, if there are no probationary employees who may be bumped in Step Nine
(9) above, then the employee may bump the least senior employee in their
category of employment and grade level provided the employee has more
seniority than the least senior employee and has the ability to perform the work
inclusive of the requirements for hiring into the position.
Step 11: Eleventh, if the employee cannot be placed in their category of employment and
grade level, they may bump the least senior employee in any category of
employment in their grade level, provided they meet the requirements for hiring
into that position. The word “may” means the employee cannot be forced, but can
opt to go to Step 12.
Step 12: Twelfth, if the employee cannot be placed within a position in their category of
employment and grade level by Step Eleven (11) above, then the above steps five
(5) through eleven (11) will be repeated in the next lower grade level and then to
subsequent lower grade levels until placed into a position or laid-off.
* Once an employee in the title of “Lead or Senior” reached the point in the layoff procedure
where placement in a position cannot be accomplished in the same “job title”, or “job title” is no
longer a requirement in the available options, said employee shall have the option to move down
to the job title in which they were a Lead or Senior in accordance with the steps above and
provided their seniority is higher than the least senior employee, if a bump is to occur.
The Employer will decide in all cases whether there is vacancy.
Section 3. It is understood, that at each step in the layoff procedure outlined in Section 2.
above, employees must meet the requirements for hiring into the position that is under
consideration as either a “vacancy” or a “bump”.
Section 4. When an employee is bumped, they will have all the rights of this Article as if
they were originally subject to layoff.
190
Section 5. At other than Step One (1), the employee may elect a layoff. A refusal to accept a
position for which the employee meets the requirements will result in the employee being laid-
off at that point.
Section 6. It is understood that the employee’s response must be provided to the appropriate
Human Resource personnel within twenty-four (24) hours of the time the employee was
informed of their option(s) if the vacancy or bump option is to a position that is the same job
title, category of employment, shift and shift duration. In the event the employee’s option is to a
vacancy or bump that is not in their job title, category of employment, shift or shift duration, a
response must be provided to the appropriate Human Resource personnel within forty-eight
hours of the time the employee was informed of their option(s). Failure to timely respond shall
be considered as a waiver of the option(s) and the employee will be laid off.
Section 7. The Employer will give a minimum of seven (7) days’ notice of layoff.
Section 8. When questions arise regarding the ability to perform the work, the burden of
proof will rest with the Union.
Section 9.
Recall Process:
a.) Employees will be recalled from layoff in order of seniority to any open job
within the bargaining unit provided they have the ability to perform the
work available. If the opening is in a different job title, category of
employment or shift, they will have the option to refuse such offer up to two
(2) times during the layoff period.
b.) Following refusal of the two (2) offers referenced in a.) above, the employee
will continue to have recall rights to a position in his/her job title, category of
employment and shift (exact match).
c.) Once an employee has refused an exact match offer (category of employment,
job title and shift) that employee will have voluntarily severed ties with the
Employer and be terminated.
Section 10. Recalls from layoff will be given through direct telephone contact with the
employee, or if the employee is unavailable, by certified mail to the employee’s last known
address, and will give the employee a minimum of fourteen (14) calendar days to report for work
after such notification.
CWA MFH/TCC
Section 1. In the event it is necessary to layoff employees covered by this Agreement, or to
eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done
as follows:
191
a.) by providing the Union with the complete plan for staff reduction within the
bargaining unit and by complying with the notification and information
requirement outlined in Article 74, Job Security/Committee (inclusive of seniority
lists by full bargaining unit and cost center);
b.) by subjecting to layoff the least senior employee or employees in the job title,
unit/cost center and category of employment and shift;
c.) all temporary and then probationary employees in the job title, unit/cost center
and shift in which a layoff is to occur will be terminated prior to any regular
employee in that job title, unit/cost center and shift, being subject to layoff;
d.) an employee with seniority who is subject to layoff will have the option of a
bump or vacancy within his/her unit/cost center within the same job title, but to a
different category of employment and/or to a different shift (Exception: per diem
employees may only have options to other per diem positions);
e.) vacancies that may be filled by employees who are subject to layoff will be
limited to those that exist on the day that the layoff options are given to the first
affected employee in the job title or grade level in the bargaining unit;
f.) all positions which become vacant during the layoff procedure will be posted and
filled as per Article 53, Job Bidding and Transfers;
g.) part-time employees with seniority who are subject to layoff will have the option
to bump the least senior part-time employee who is hired to work the equivalent
number of hours. For example: a part-time employee who is hired to work thirty
(30) hours per week may bump the least senior employee who is hired to work
thirty (30) hours per week; in accordance with the steps in Section 2. below;
h.) when it is necessary to permanently change the number of employees on a shift
within a unit/cost center, such a change will be made first by requesting
volunteers from within the unit/cost center. If there are no volunteers, the least
senior employee on the shift to be reduced may choose to be subject to layoff as
per Section 2. below or be transferred to the shift on which additional staffing is
needed;
i.) employees subject to layoff will have the option to job choices within their grade
level and/or job title;
j.) it is agreed and understood that employees shall serve a sixty (60) working day
trial period, if for any reason under this Article they are placed in a position which
requires substantive variations in techniques and procedures utilized in the
performance of their job. Failure to complete the trial period (voluntary or
involuntary) shall result in that employee being laid-off with recall rights but no
bumping rights;
192
k.) for the purposes of this Article, the parties acknowledge there are day, evening
and night shifts; specifically eight (8) hour day, evening and night shifts; ten (10)
hour day, evening and night shifts; twelve (12), and twelve and one-half (12½)
and thirteen (13) hour day, evening and night shifts. Employees subject to layoff
may choose to be given their options based on their specified shifts. If their
specific hours of work are not available they will be given their options according
to the appropriate shift; day, evening or night shift.
l.) employees may volunteer to be subjected to layoff, by seniority, in the job titles,
unit/department/cost center, category of employment and shift;
m.) per diem employees subject to layoff may not bump a benefited employee;
n.) an employee subject to layoff may select a vacancy in another bargaining unit
covered by this Agreement and if qualified, be awarded such position before any
external candidate is offered such position at any Step of this process.
Section 2. When an employee with seniority is subject to layoff, or has their position
eliminated under Section 1. above, such affected employee shall be placed in a position in the
bargaining unit in the following sequence with union representation:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit which is
their category of employment, job title and shift. The employee subject to layoff
may also choose job vacancies within their grade level, category of employment
and/or shift. Temporary positions are not included in this process unless the
employee chooses a temporary position. It is understood that an employee who
chooses a temporary position at this step shall be placed as if they were originally
subject to layoff once the temporary position expires. If the employee opts to
drop shift as a requirement for placement, they may do so at any step. If there is a
vacancy in another category of employment with lesser hours which has not been
filled by an employee in that category during Step 1 of this procedure, an
employee may opt to fill that vacancy.
Step 2: Second, if no such vacancy exist, they would be permitted to bump any
probationary employee in their unit/department/cost center, category of
employment, job title and shift.
Step 3: Third, if there are no probationary employees who may be bumped, then the
employee subject to layoff may bump the least senior employee in their category
of employment, job title and shift.
Step 4: Fourth, if the employee cannot be placed in their category of employment, job
title and shift, they shall be offered the option to bump the least senior employee
in their job title and shift. The word “offered” means the employee can’t be
forced but can opt to go to Step 5.
193
Step 5: Fifth, if the employee cannot be placed within their job title, they shall be
assigned to any vacant position in their category of employment, grade level and
shift provided they meet the requirements for hiring into the position.*
Step 6: Sixth, if no such vacancy exists, they would be permitted to bump any
probationary employee in their category of employment, grade level and shift
provided the employee meets the requirements for hiring into the position.
Step 7: Seventh, if there are no probationary employees who may be bumped in Step Six
(6) above, then the employees may bump the least senior employee in their
category of employment, grade level and shift, provided the employee has more
seniority than the least senior employee and meets the requirements for hiring into
the position.
Step 8: Eighth, if the employee cannot be placed within their category of employment,
grade level and shift, then they shall be assigned to any vacant position in their
category of employment, grade level and shift provided the employee meets the
requirements for hiring into that position.
Step 9: Ninth, if no vacancy exists, the employee shall bump any probationary employee
in their category of employment, grade level and shift provided the employee
meets the requirements for hiring into that position.
Step 10: Tenth, if there are no probationary employees who may be bumped in Step Nine
(9) above, then the employee may bump the least senior employee in their
category of employment, grade level and shift provided the employee has more
seniority than the least senior employee and meets the requirements for hiring into
the position.
Step 11: Eleventh, if the employee cannot be placed in their category of employment and
grade level, they shall be offered to bump the least senior employee in any
category of employment in their grade level, provided they meet the requirements
for hiring into that position. The laid off employee may bump the least senior
employee in any job title within his/her grade level provided he/she are qualified.
If the laid off employee does not have the qualification for that job he/she may
move up and bump the next least senior employee until he/she meet that job
qualification regardless of job title within his /her grade level. (The word
“offered” means the employee cannot be forced, but may opt to go to Step 12).
Step 12: Twelfth, if the employee cannot be placed within a position in their grade level by
Step Eleven (11) above, then the above Steps Five (5) through Eleven (11) shall
be repeated in the next lower grade level and then to subsequent lower grade
levels until placed into a position or laid-off.
* Once an employee in the title of “Lead” reaches the point in the layoff procedure where
placement in a position cannot be accomplished in the same “job title”, or “job title” is no longer
194
a requirement in the available options, said employee shall have the option to move down to the
job title in which they were Lead in accordance with the steps above and provided their seniority
is higher than the least senior employee, if a bump is to occur.
The Employer will decide in all cases whether there is a vacancy.
Section 3. When an employee is bumped, they shall have all the rights of this Article, as if
they were originally subject to layoff, beginning the Section 1. of this Article.
Section 4. At other than Step One (1), the employee may elect a layoff. A refusal to accept a
position for which the employee meets the requirements will result in the employee being laid-
off at that point.
Section 5. The Master Agreement separates the technical and clerical employees into two (2)
separate scales. The Clerical Employee Salaries schedule contains thirteen (13) Grades (C 1 -
C13) and the Technical Employee Salaries schedule contains twenty-three (23) Grades (T1 –
T23). Grades C1 – C13 are exactly the same as the hourly rates for T1 – T13. (This applies
towards employees hired prior to 7/13/11). Therefore, the options provided to an employee in
Steps 8 through Step 12 in Section 2. above, will interpret the term “grade level” to include both
the clerical and technical titles in the single grouping.
When providing job options in Steps 8-12 of Section 2 above (where the technical and clerical
job titles are combined) technical employees will be offered options within the technical job
titles first if there are less senior technical employees within that grade who could be bumped.
Comparable clerical jobs that the technical employee may be qualified for will be offered, but the
employee will not be mandated to take the position. The employee may then choose to advance
to the next step.
Job options in Steps 8-12 of Section 2 above (where the technical and Clerical job titles are
combined) for Clerical employees will be offered within the Clerical job titles first if there are
less senior clerical employee within that grade who could be bumped. Comparable technical jobs
that the clerical employee may be qualified for will be offered, but the employee will not be
mandated to take the position. The employee may then choose to advance to the next step.
Section 6. It is understood, that the employee response must be provided to the appropriate
Human Resource personnel within twenty-four (24) hours of the time they were informed of
offered, their option(s) if their vacancy or bump option is to a position that is the same job title,
category of employment, shift, and shift duration. In the event the employee’s option is to a
vacancy or bump that is not their job title, category of employment, shift and shift duration, or at
another site within the bargaining unit, a response must be provided to the appropriate Human
Resources personnel within forty-eight (48) hours of the time the employee was informed of
their option(s). Failure to timely respond shall be considered a waiver of the option(s) and the
employee will be laid off.
Section 7. The Employer shall give a minimum of seven (7) days’ notice of layoff.
195
Section 8. When questions arise regarding the ability to perform the work, the burden of
proof shall rest with the Union.
Section 9.
Recall Process:
a.) Employees will be recalled from layoff in order of seniority to any open job
within the bargaining unit provided they have the ability to perform the
work available. If the opening is in a different job title, category of
employment or shift, they will have the option to refuse such offer up to two
(2) times during the layoff period.
b.) Following refusal of the two (2) offers referenced in a.) above, the employee
will continue to have recall rights to a position in his/her job title, category of
employment and shift (exact match).
c.) Once an employee has refused an exact match offer (category of employment,
job title and shift) that employee will have voluntarily severed ties with the
Employer and be terminated.
Section 10. Recalls from layoff will be given through direct telephone contact with the
employee, or if the employee is unavailable, by certified mail to the employee’s last known
address, and will give the employee a minimum of fourteen (14) calendar days to report for work
after such notification.
Section 11. Employees on layoff status shall be permitted to continue participation in the
Employers health insurance plan so long as he/she pays the full premium expenses and the same
shall apply to participants in other group life insurance plans, additionally the time spent while
on layoff shall not constitute “a break in service for the retirement plan.”
SEIU BUSINESS OFFICE CLERICAL
Section 1. In the event it is necessary to layoff employees covered by this Agreement, or to
eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done
as follows:
a.) by providing the Union with the complete plan for staff reduction within the
bargaining unit and by complying with the notification and information
requirement outlined in Article 74, Job Security;
b.) by subjecting to layoff the least senior employee or employees in the job title, cost
center, category of employment and shift;
c.) all temporary and then probationary employees in the job title, category, cost
center and shift in which a layoff is to occur will be terminated prior to any
196
regular employee in that job title, cost center, category of employment and shift,
being subject to layoff;
d.) an employee with seniority who is subject to layoff will have the option of a
bump within his/her cost center within the same job title, but to a different
category of employment and/or to a different shift;
e.) vacancies that may be filled by employees who are subject to layoff will be
limited to those that exist on the day that the lay-off options are given to the first
affected employee in the job title or grade level in the bargaining unit;
f.) all positions which become vacant during the lay-off procedure will be posted and
filled as per Article 53, Job Bidding and Transfers;
g.) part-time employees with seniority who are subject to layoff will have the option
to bump the least senior part-time employee.
h.) when it is necessary to permanently change the number of employees on a shift
within a cost center, such a change will be made first by requesting volunteers
from within the cost center. If there are no volunteers, the least senior employee
on the shift to be reduced may choose to be subject to layoff as per Section 2
below or be transferred to the shift on which additional staffing is needed;
i.) it is agreed and understood that the percentage of flexible employees will not be
increased in relation to the number of full time employees in any cost center as a
result of a layoff;
j.) it is agreed and understood that employees shall serve a sixty (60) working day
trial period if for any reason under this Article they are placed in a position which
requires substantive variations in techniques and procedures utilized in the
performance of their job. Failure to complete the trial period (voluntary or
involuntary) shall result in that employee being laid off;
k.) an employee subject to layoff may select a vacancy in another bargaining unit
covered by this Agreement and if qualified, be awarded such position before any
external candidate is offered such position at any step;
l.) no employee shall gain in category/status as a result of a layoff.
Section 2. When an employee with seniority is subject to layoff, or has their position
eliminated under Section 1 above, such affected employee shall be placed in a position in the
bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit, which is
in their category of employment, job title and shift. If the employee opts to drop
shift as a requirement for placement, they may do so at any step. If there is a
197
vacancy in another category of employment with lesser hours which has not been
filled by an employee in that category during Step 1 of this procedure, an
employee may opt to fill that vacancy.
Step 2: Second, if no such vacancy exists, they would be permitted to bump any
probationary employee in their category of employment, job title and shift.
Step 3: Third, if there are no probationary employees who may be bumped, then the
employee subject to layoff may bump the least senior employee in their category
of employment, job title and shift.
Step 4: Fourth if the employee cannot be placed within their category of employment, job
title and shift, they shall be offered the option to bump the least senior employee
in their job title and shift.
Step 5: Fifth if the employee cannot be placed within their category of employment, job
title and shift, they shall be assigned to any vacant position in the bargaining unit
which is in their category of employment and job title.
Step 6: Sixth if no such vacancy exists, they would be permitted to bump any
probationary employee in their category of employment and in the same job title
in the bargaining unit.
Step 7: Seventh, if there are no probationary employees who may be bumped, then the
employees subject to layoff may bump the least senior employee in their category
of employment and job title in the bargaining unit.
Step 8: Eighth if the employee cannot be placed within their job title, then they shall be
assigned to any vacant position in their category of employment and grade level
provided the employee meets the requirements for hiring into that position.
Step 9: Ninth, if no such vacancy exists, the employee shall bump any probationary
employee in their category of employment and grade level provided the employee
meets the requirements for hiring into that position.
Step 10: Tenth, if there are no probationary employees who may be bumped in Step 9
above, then the employee may bump the least senior employee in their category of
employment and grade level, provided the employee has more seniority than the
least senior employee and has the ability to perform the work inclusive of the
requirements for hiring into that position.
Step 11: Eleventh, if the employee cannot be placed in their category of employment and
grade level, they may bump the least senior employee in any category of
employment in their grade level, provided they meet the requirements for hiring
into that position.
198
Step 12: Twelfth, if the employee cannot be placed in a position in their category of
employment and grade level by Step 11 above, the above Step 5 through Step 11
shall be repeated in the next lower grade level and then to subsequent lower grade
levels until placed into a position or laid off.
The Employer will decide in all cases whether there is a vacancy. When the least senior
employee above is bumped, they shall be placed as if they were originally subject to layoff.
Section 3. When the employee is bumped, they shall be moved through the steps in Section
2 above, as if they were originally subject to layoff.
Section 4. The employee may elect a layoff at any Step except Step 1. A refusal to accept a
position for which the employee meets the requirements will result in the employee being laid
off at that point.
Section 5. It is understood that the employee response must be provided to the appropriate
Human Resource personnel within forty-eight (48) hours of the time the employee was informed
of their option(s). Failure to respond within forty-eight (48) hours shall be considered as a waiver
of the option(s) and the employee shall be laid off.
Section 6. The Employer shall give a minimum of seven (7) days’ notice of layoff.
Section 7. When questions arise regarding the ability to perform the work, the burden of
proof shall rest with the Union.
Section 8. Recall Process:
a.) Employees will be recalled from layoff in order of seniority to an open job within
the bargaining unit provided they have the ability to perform the work available.
If the opening is in a different job title, category of employment or shift, they will
have the option to refuse such offer up to two (2) times during the layoff period.
Available positions will be offered simultaneously. No employee shall gain in
category/status as a result of a recall. A part time, weekend, or flexible employee
may gain in hours or accept a flexible position but may not be offered a full time
position.
b.) Following refusal of the two (2) offers referenced in a.) above, the employee
will continue to have recall rights to a position in his/her job title, category of
employment and shift (exact match).
c.) Once an employee has refused an exact match offer (category of employment,
job title and shift) that employee will have voluntarily severed ties with the
Employer and be terminated.
199
Section 9. Recalls from layoff will be given through direct telephone contact with the
employee, or if the employee is unavailable, by certified mail to the employee's last known
address and will give the employee a minimum of fourteen (14) calendar days to report for work
after such notification.
SEIU BGMC SERVICE AND MAINTENANCE
Section 1. In the event it is necessary to layoff employees covered by this Agreement, or to
eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done
as follows:
a.) by providing the Union with the complete plan for staff reduction within the
bargaining unit and by complying with the notification and information requirement
outlined in Article 74, Job Security;
b.) by subjecting to layoff the least senior employee or employees in the job title,
category of employment, site and shift;
c.) all temporary and then probationary employees in the job title, category, cost center
and shift in which a layoff is to occur will be terminated prior to any regular
employee in that job title, cost center, category of employment, site and shift, being
subject to layoff;
d.) an employee with seniority who is subject to layoff will have the option of a bump
within his/her cost center within the same job title, but to a different category of
employment, site and/or to a different shift;
e.) vacancies that may be filled by employees who are subject to layoff will be limited to
those that exist on the day that the layoff options are given to the first affected
employee in the job title or grade level in the bargaining unit;
f.) all positions which become vacant during the layoff procedure will be posted and
filled as per Article 53, Job Bidding and Transfers;
g.) part-time employees with seniority who are subject to layoff will have the option to
bump the least senior part-time employee.
h.) when it is necessary to permanently change the number of employees on a shift
within a cost center, such a change will be made first by requesting volunteers from
within the cost center. If there are no volunteers, the least senior employee on the
shift to be reduced may choose to be subject to layoff as per Section 2 below or be
transferred to the shift on which additional staffing is needed;
i.) it is agreed and understood that employees shall serve a sixty (60) working day trial
period if for any reason under this Article they are placed in a position which requires
200
substantive variations in techniques and procedures utilized in the performance of
their job. Failure to completed the trial period (voluntary or involuntary) shall result
in that employee being laid off;
j.) an employee subject to layoff may select a vacancy in another bargaining unit
covered by this Agreement and if qualified, be awarded such position before any
external candidate is offered such position at any Step;
k.) no employee shall gain in category/status as a result of a layoff.
l.) it is agreed and understood that the percentage of flexible employees will not be
increased in relation to the number of full time employees in any cost center as a
result of a layoff.
Section 2. When an employee with seniority is subject to layoff, or has position eliminated
under Section 1. above, such affected employee will be placed in a position in the bargaining unit
in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit, which is
in their category of employment, job title and shift. If the employee opts to drop
shift as a requirement for placement, they may do so at any step. If there is a
vacancy in another category of employment with lesser hours which has not been
filled by an employee in that category during Step 1 of this procedure, an
employee may opt to fill that vacancy. Temporary positions are not included in
this process unless the employee chooses a temporary position. It is understood
that an employee who chooses a temporary position at this step shall be placed as
if they were originally subject to layoff and will be given options when the
temporary position expires.
Step 2: Second, if no such vacancy exists, they would be permitted to bump any
probationary employee in their category of employment, job title, site and shift.
Step 3: Third, if there are no probationary employees who may be bumped, then the
employee subject to layoff may bump the least senior employee in their category
of employment, job title, site and shift.
Step 4: Fourth if the employee cannot be placed within their category of employment, job
title and shift, they shall be offered the option to bump the least senior employee
in their job title, site and shift. Part time employees may not change their
category of employment; refer to Section 1 (g).
Step 5: Fifth if the employee cannot be placed within their category of employment, job
title and shift, they shall be assigned to any vacant position in the bargaining unit
which is in their category of employment, site and job title.
201
Step 6: Sixth if no such vacancy exists, they would be permitted to bump any
probationary employee in their category of employment and in the same job title
in the bargaining unit.
Step 7: Seventh, if there are no probationary employees who may be bumped, then the
employees subject to layoff may bump the least senior employee in their category
of employment and job title in the bargaining unit.
Step 8: Eighth if the employee cannot be placed within their job title, then they shall be
assigned to any vacant position in their category of employment and grade level
provided the employee meets the requirements for hiring into that position.
Step 9: Ninth, if no such vacancy exists, the employee shall bump any probationary
employee in their category of employment and grade level provided the employee
meets the requirements for hiring into that position.
Step 10: Tenth, if there are no probationary employees who may be bumped in Step 9
above, then the employee may bump the least senior employee in their category of
employment and grade level, provided the employee has more seniority than the
least senior employee and has the ability to perform the work inclusive of the
requirements for hiring into that position.
Step 11: Eleventh, if the employee cannot be placed in their category of employment, site
and grade level, they may bump the least senior employee in any category of
employment in their grade level, provided they meet the requirements for hiring
into that position.
Step 12: Twelfth, if the employee cannot be placed in a position in their category of
employment and grade level by Step 11 above, the above Step 5 through Step 11
shall be repeated in the next lower grade level and then to subsequent lower grade
levels until placed into a position or laid off.
The Employer will decide in all cases whether there is a vacancy. When the least senior
employee above is bumped, they shall be placed as if they were originally subject to layoff.
Section 3. It is understood that an employee shall be offered but not forced into a position in
the L scale provided the Employee meets the requirement for hiring into that position at any step
of this process in Section 2 above. Employees hired before July 31, 2011 will maintain their
current rate of pay should they take a positon in Long Term Care on the L Scale as a result of
this process. All employees hired after July 31, 2011 will move to the appropriate L Scale if they
opt to take a position as a result of this process above.
Section 4. When the employee is bumped, they shall be moved through the steps in Section
2 above, as if they were originally subject to layoff.
202
Section 5. The employee may elect a layoff at any Step except Step 1. A refusal to accept a
position for which the employee meets the requirements will result in the employee being laid
off at that point.
Section 6. It is understood that the employee response must be provided to the appropriate
Human Resource personnel within forty-eight (48) hours of the time the employee was informed
of their option(s). Failure to respond within forty-eight (48) hours shall be considered as a waiver
of the option(s) and the employee shall be laid off.
Section 7. The Employer shall give a minimum of seven (7) days’ notice of layoff.
Section 8. When questions arise regarding the ability to perform the work, the burden of
proof shall rest with the Union.
Section 9. Recall Process:
a.) Employees will be recalled from layoff in order of seniority to an open job within
the bargaining unit provided they have the ability to perform the work available.
If the opening is in a different job title, category of employment or shift, they will
have the option to refuse such offer up to two (2) times during the layoff period.
Available positions will be offered simultaneously. No employee shall gain in
category/status as a result of recall. A part time, weekend or flexible employee
may gain in hours or accept a flexible position but may not be offered a full time
position.
b.) Following refusal of the two (2) offers referenced in a.) above, the employee
will continue to have recall rights to a position in his/her job title, category of
employment and shift (exact match).
c.) Once an employee has refused an exact match offer (category of employment,
job title and shift) that employee will have voluntarily severed ties with the
Employer and be terminated.
Section 10. Recalls from layoff will be given through direct telephone contact with the
employee, or if the employee is unavailable, by certified mail to the employee's last known
address and will give the employee a minimum of fourteen (14) calendar days to report for work
after such notification.
SEIU MFH SERVICE AND MAINTENANCE
Section 1. In the event it is necessary to layoff employees covered by this Agreement, or to
eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done
as follows:
203
a.) by providing the Union with the complete plan for staff reduction within the
bargaining unit and by complying with the notification and information requirement
outlined in Article 74, Job Security;
b.) by subjecting to layoff the least senior employee or employees in the job title, cost
center, category of employment and shift;
c.) all temporary and then probationary employees in the job title, category, cost center
and shift in which a layoff is to occur will be terminated prior to any regular
employee in that job title, cost center, category of employment and shift, being
subject to layoff;
d.) vacancies that may be filled by employees who are subject to layoff will be limited to
those that exist on the day that the layoff options are given to the first affected
employee in the job title or grade level in the bargaining unit;
e.) employee with seniority who is subject to layoff will have the option of a bump
within his/her cost center within the same job title, but to a different category of
employment and/or to a different shift;
f.) all positions which become vacant during the layoff procedure will be posted and
filled as per Article 53, Job Bidding and Transfers;
g.) part-time employees with seniority who are subject to layoff will have the option to
bump the least senior part-time employee:
h.) when it is necessary to permanently change the number of employees on a shift
within a cost center, such a change will be made first by requesting volunteers from
within the cost center. If there are no volunteers, the least senior employee on the
shift to be reduced may choose to be subject to layoff as per Section 2 below or be
transferred to the shift on which additional staffing is needed;
i.) it is agreed and understood that the percentage of flexible employees will not be
increased in relation to the number of full time employees in any cost center as a
result of a layoff;
j.) it is agreed and understood that employees shall serve a sixty (60) working day trial
period if for any reason under this Article they are placed in a position which requires
substantive variations in techniques and procedures utilized in the performance of
their job. Failure to completed the trial period (voluntary or involuntary) shall result
in that employee being laid off;
k.) an employee subject to layoff may select a vacancy in another bargaining unit
covered by this Agreement and if qualified, be awarded such position before any
external candidate is offered such position at any step.
204
l.) no employee shall gain in category/status as a result of a layoff.
Section 2. When an employee with seniority is subject to layoff, or has position eliminated
under Section 1. above, such affected employee will be placed in a position in the bargaining unit
in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit, which is
in their category of employment, job title, shift and facility. If no such vacancy
exists, the employee may choose a vacancy in their category of employment or
another category with lesser hours in their grad level or lower grade level
provided they meet the requirements for hiring into that position. Temporary
positions are not included in this process unless the employee chooses a
temporary position. It is understood that an employee who chooses a temporary
position at this step shall be placed as if they were originally subject to layoff and
will be given options since the temporary position expires. If the employee opts
to drop facility and/or shift as a requirement for placement, they may do so at any
step. If there is a vacancy in another category of employment with lesser hours
which has not been filled by an employee in that category during Step 1 of this
procedure, an employee may opt to fill that vacancy.
Step 2: Second, if no such vacancy exists, they would be permitted to bump any
probationary employee in their category of employment, job title, shift and
facility.
Step 3: Third, if there are no probationary employees who may be bumped, then the
employee subject to layoff may bump the least senior employee in their category
of employment, job title, shift and facility.
Step 4: Fourth if the employee cannot be placed within their category of employment, job
title and shift, they shall be offered the option to bump the least senior employee
in their job title, shift and facility. Part time employees may not change their
category of employment; refer to Section 1 (g).
Step 5: Fifth if the employee cannot be placed within their category of employment, job
title and shift, they shall be assigned to any vacant position in the bargaining unit
which is in their category of employment and job title and facility.
Step 6: Sixth if no such vacancy exists, they would be permitted to bump any
probationary employee in their category of employment and in the same job title
and facility in the bargaining unit.
Step 7: Seventh, if there are no probationary employees who may be bumped, then the
employees subject to layoff may bump the least senior employee in their category
of employment, job title and facility in the bargaining unit.
205
Step 8: Eighth if the employee cannot be placed within their job title, then they shall be
assigned to any vacant position in their category of employment, job title, and
grade level and facility provided the employee meets the requirements for hiring
into that position.
Step 9: Ninth, if no such vacancy exists, the employee shall bump any probationary
employee in their category of employment, grade level and facility provided the
employee meets the requirements for hiring into that position.
Step 10: Tenth, if there are no probationary employees who may be bumped in Step 9
above, then the employee may bump the least senior employee in their category of
employment, grade level and facility, provided the employee has more seniority
than the least senior employee and has the ability to perform the work inclusive of
the requirements for hiring into that position.
Step 11: Eleventh, if the employee cannot be placed in their category of employment and
grade level, they may bump the least senior employee in any category of
employment in their grade level, provided they meet the requirements for hiring
into that position.
Step 12: Twelfth, if the employee cannot be placed in a position in their category of
employment and grade level by Step 11 above, the above Step 5 through Step 11
shall be repeated in the next lower grade level and then to subsequent lower grade
levels until placed into a position or laid off.
The Employer will decide in all cases whether there is a vacancy. When the least senior
employee above is bumped, they shall be placed as if they were originally subject to layoff.
Section 3. When the employee is bumped, they shall be moved through the steps in Section
2 above, as if they were originally subject to layoff.
Section 4. The employee may elect a layoff at any Step except Step 1. A refusal to accept a
position for which the employee meets the requirements will result in the employee being laid
off at that point.
Section 5. It is understood that the employee response must be provided to the appropriate
Human Resource personnel within forty-eight (48) hours of the time the employee was informed
of their option(s). Failure to respond within forty-eight (48) hours shall be considered as a waiver
of the option(s) and the employee shall be laid off.
Section 6. The Employer shall give a minimum of seven (7) days’ notice of layoff.
Section 7. When questions arise regarding the ability to perform the work, the burden of
proof shall rest with the Union.
206
Section 8. Recall Process:
a.) Employees will be recalled from layoff in order of seniority to an open job within
the bargaining unit provided they have the ability to perform the work available.
If the opening is in a different job title, category of employment or shift, they will
have the option to refuse such offer up to two (2) times during the layoff period.
Available positions will be offered simultaneously. No employee shall gain in
category/status as a result of recall. A part time, weekend or flexible employee
may gain in hours or accept a flexible position but may not be offered a full time
position.
b.) Following refusal of the two (2) offers referenced in a.) above, the employee
will continue to have recall rights to a position in his/her job title, category of
employment and shift (exact match).
c.) Once an employee has refused an exact match offer (category of employment,
job title and shift) that employee will have voluntarily severed ties with the
Employer and be terminated.
Section 9. Recalls from layoff will be given through direct telephone contact with the
employee, or if the employee is unavailable, by certified mail to the employee's last known
address and will give the employee a minimum of fourteen (14) calendar days to report for work
after such notification.
SEIU WCHOB RN/LPN
Section 1. Order
In the event it is necessary to layoff employees or to eliminate a filled position covered by this
Agreement, the following will occur.
a.) The Union will be notified in accordance with the Master Agreement Article 74,
Job Security/Committee.
b.) Identify the least senior employee(s) by job title, unit/department and shift, which
is/are affected as described in the Job Security notification.
c.) Employees in the clinical unit in the identified job title and shift will be offered
the opportunity to reduce their FTE status by descending seniority. The reduced
FTE's will be accepted if they would address the identified need.
d.) An employee in the identified job title and shift with in the clinical unit may
volunteer to be laid off by descending seniority. The voluntary lay off will be
accepted if it would address the identified need. Such volunteers will not
participate in the layoff process and will immediately be placed on the recall list.
207
e.) If the above actions do not reach the identified reduction, external temporary
employees and probationary employees in the unit/department Job title and shift
will be laid off in ascending seniority order.
f.) Employees working in temporary benefited positions in the affected unit will
revert back to their original unit and status.
g.) Per Diem employees in the identified job title and unit/department will be laid off
in ascending seniority order prior to any benefited employees in the clinical unit.
h.) Benefited employees in the identified job title in the unit/department and shift will
be laid off in ascending seniority order.
i.) An employee subject to layoff may select a vacancy in another bargaining unit
covered by this Agreement and if qualified, be awarded such position before any
external candidate is offered such position at any step.
j.) No employee shall gain in category/status as a result of a layoff. A part time,
weekend or flexible employee may gain in hours or accept a flexible position but
may not be offered a full time position.
k.) Division will be defined by the following for the purpose of this article:
Ambulatory
Pediatric Clinics
School Health Program
Perinatal Clinic
OB/GYN Centers
Perinatal Outreach
Surgical Clinic
Endo- Diabetes
Kidney Center (Stand Alone/Closed)
Infection Control (Stand Alone/Closed)
Critical Care
NICU
PICU
ED, OBS, KE
CCFP, A, B, C
Neonatal Transport (into NICU)
Stabilization Unit (into ED or PICU)
208
Maternity
MBU
Ante-Partum Unit
Labor & Delivery
MFP
Childbirth Education
Pediatrics
Pediatric Units
PFP
Hematology-Oncology Unit
Epilepsy Unit
Surgical Services
OR
PACU
MPA
SSFP A, B, C
Same Day Surgery Unit
Patient Management
Medical Home Grant
Patient Management
Special Procedures
GI
Radiology
Dermatology
Neurology
Clinical Educators may bump other Clinical Educators and then to the division containing their
area of specialty/expertise (NICU, PICU, ED, PEDS, etc.)
Section 2. Notification
a.) The Employer will give a minimum of a one week notice of layoff or equivalent
compensation to the identified employees.
b.) Included in the notification will be:
1.) list of meeting dates and times to review options;
2.) list of available vacancies within the job title;
3.) Individual option sheets.
209
Section 3. Process
a.) Job selection for affected benefited employees will be made in order of
descending seniority.
b.) All vacant positions that are posted when the affected individuals are notified
of layoff will be offered to the affected employee after the internal bidding
process has been completed. Employees must meet the minimum qualifications
of the vacant position. All positions which become vacant during the layoff
procedure will be posted and filled according to Article 53, Job Bidding and
Transfers. Affected employees may bid on these positions at any step of the
process.
c.) All affected employees will be required to make their selection in the appointed
meeting time.
d.) For those employees whose revised options require a change in current status or
shift, additional time up to a maximum of 24 hours if necessary, will be
allowed.
e.) Employees subject to layoff may choose to be given their options based on their
specified shift, rotator vs. non-rotator and length of their primary shift. If their
specified shift of work is not available, they will be given their options
according to the appropriate primary shift: day, evening or night, shift.
Section 4. Employees displaced by the bumping process will then follow the same process at
subsequent meetings.
Section 5. Full Time Employees
Bump the least senior, full time, same unit, different shift, same job title or grade
OR;
Bump least senior, full time, same division, same shift, same job grade THEN
Bump the least senior, full time, same division, different shift, same job grade.
If the above does not provide a benefited position then:
Bump the least senior, part time, flexible or weekend, same unit, different shift,
same job title or grade OR
Bump the least senior, part time, flexible or weekend, same division, same shift,
same job grade OR
Bump the least senior, part time, flexible or weekend same division, different
shift, same job grade OR
Bump the least senior, full time, hospital wide, same shift, same job grade THEN
Bump the least senior, full time, hospital wide, different shift, same job grade.
210
If the above does not provide a benefited position, then:
Bump the least senior, part time, flexible or weekend, Hospital wide, same shift,
same job grade THEN
Bump the least senior, part time, flexible or weekend hospital wide, different
shift, same job grade.
If the above does not provide a benefitted position, then:
Bump the least senior, per diem, same division, same job grade.
If the above does not provide a position, then:
Bump the least senior, per diem hospital wide, same job grade.
Section 6. Flexible Employees
Bump the least senior, flexible, same unit, different shift, same job title or grade
OR
Bump the least senior, flexible, same division, same shift, same job grade THEN
Bump the least senior, flexible, same division, different shift, same job grade.
OR
If the above does not provide a benefited position then:
Bump the least senior, part time or weekend, same unit, same shift, same job title
or grade OR
Bump the least senior, part time or weekend, same unit, different shift, same job
grade OR
Bump the least senior, part time or weekend, same division, same shift, same job
grade OR
Bump the least senior, flexible, part time or weekend, hospital wide, same shift,
same job grade THEN
Bump the least senior, flexible, part time or weekend, hospital wide, different
shift, same job grade.
If the above does not provide a benefited position, THEN:
Bump the least senior, per diem, same division, same job grade.
If the above does not provide a position, then:
Bump the least senior, per diem hospital wide, same job grade.
211
Section 7. Part-Time Employees:
Bump the least senior, part time, same unit, different shift, same job title or grade
OR
Bump the least senior, part time, same division, same shift, same job grade THEN
Bump the least senior, part time, same division, different shift, same job grade.
If the above does not provide a benefited position then:
Bump the least senior, flexible or weekend, same unit, same shift, same job title
or grade OR
Bump the least senior, flexible or weekend, same unit, different shift, same job
grade OR
Bump the least senior, flexible or weekend, same division, same shift, same job
grade OR
Bump the least senior, flexible or weekend, same division, different shift, same
job grade OR
Bump the least senior, part time, flexible or weekend, hospital wide, same shift,
same job grade THEN
Bump the least senior, part time, flexible or weekend, hospital wide, different
shift, same job grade.
If the above does not provide a benefited position then:
Bump the least senior, per diem, same division, same job grade.
If the above does not provide a position, then:
Bump the least senior, per diem hospital wide, same job grade.
Section 8. Weekend Employees:
Bump the least senior, weekend , same unit, different shift, same job title or grade
OR
Bump the least senior, weekend, same division, same shift, same job grade THEN
Bump the least senior, weekend, same division, different shift, same job grade.
If the above does not provide a benefited position then:
Bump the least senior, part time or flexible, same unit, same shift, same job title
or grade OR
Bump the least senior, part time or flexible, same unit, different shift, same job
grade OR
Bump the least senior, part time or flexible, same division, same shift, same job
grade OR
212
Bump the least senior, part time or flexible, same division, different shift, same
job grade OR
Bump the least senior, flexible, part time or weekend, hospital wide, same shift,
same job grade THEN
Bump the least senior, flexible, part time or weekend, hospital wide, different
shift, same job grade.
If the above does not provide a benefited position, then:
Bump the least senior, per diem, same division, same job grade.
If the above does not provide a position, then:
Bump the least senior, per diem hospital wide, same job grade.
Section 9. Per Diem Employees
Bump the least senior per diem, same division, same job grade.
If the above does not provide a position, then:
Bump the least senior per diem hospital wide, same job grade.
Section 10. If an employee cannot be placed in a position within their job grade by the above
steps, then the above steps shall be repeated in the next lower job grade and then to subsequent
lower job grades until placed into a position or laid off.
Section 11. When necessary, the Employer will provide appropriate training and job
orientation to their position.
Section 12. A full time, flexible, part time , weekend or per diem employee who exercises the
above options and is unsuccessful in obtaining a position may select a vacancy in their own
bargaining unit and if qualified be awarded such position before any external candidate is
considered for such position.
Section 13. Placement of new clinics/units under section 1(k) above will be by mutual
agreement.
Section 14. As a result of the significant training required to reach a minimum competency
level, employees in the ERN Unit and Neonatal Transport Team STAT and ECMO Teams will
be exempt from displacement due to bumping by employees from other units. An ERN displaced
from his/her position may displace the junior ERN in the same ERN clinical unit. The junior
ERN who is displaced may displace the junior RN m the Hospital using RN seniority.
Section 15. An RN/LPN will be declared "in a position" when he/she is placed on the
schedule for the new unit.
213
Section 16. This article will not apply to School Health Services employees who are laid off
during scheduled School calendar breaks.
Section 17. "Laid off " refers to the status of an employee who has been displaced from
his/her position and is not working in a bargaining unit position. "Displaced," refers to the status
of an employee who has been displaced from his/her position but is working in a bargaining unit
position. "Home Unit" refers to the clinical unit to which an employee held a position and from
which the employee has been laid off or displaced.
Section 18. If an employee accepts a position through the bumping process in a different
clinical unit, they will continue to have recall right to a position equal to the original position
from which they were laid off/displaced for a period equal to their length of service or a
maximum of five (5) years.
Section 19. Any employee recalled within the time limits designated will:
a.) Maintain ESB accumulated prior to such lay off;
b.) Retain seniority as per Master Agreement;
c.) Displaced employees within their home unit will retain their recall rights for a
maximum of one (1) year.
Section 20. Laid off and displaced employees will be placed on the recall list in order of
seniority. As benefited positions become available, they will be offered by seniority. Laid off
employees will be recalled to any job title, shift or category. Displaced employees working in
the "Home" division will only be recalled to original position. Displaced employees outside of
their "home" division will be recalled to a position in any job title, shift or category in that
division. No employee shall gain in category/status as a result of a recall. A part time, weekend
or flexible employee may gain in hours or accept a flexible position but may not be offered a full
time position. It is understood that the employee must meet the minimum qualifications of the
position to which they are being recalled. Per Diem employees will be recalled only to Per Diem
positions.
Section 21. Recall notification to any displaced or laid off employee will be made by phone. If
no contact is made, notice of recall will be sent by certified mail to the laid off employee at their
last known address. An employee will have five (5) business days from the date of registered
receipt in which to respond. A mutually agreed upon date of return to work will be determined
and the employee will be added to the schedule. An employee not responding within five (5)
business days or not reporting to work on the agreed upon date will be removed from the recall
list.
Section 22. Laid off and displaced employees outside of their home unit will have the option to
refuse offered positions in a different job title, category of employment or shift two (2) times
during the layoff and displaced period. Following such refusal, the employee will continue to
have recall rights to a position equal to the original position from which they were laid off for a
period equal to their length of service or a maximum of five (5) years.
214
Section 23. An employee who voluntarily applies for and accepts a posted position will be
removed from the recall list.
Section 24. Orientation and training appropriate to the position will be provided.
Section 25. A displaced or laid off employee who does not accept a recall to their home unit at
their prior FTE status and shift will be removed from the recall list.
SEIU WCHOB NURSE PRACTITIONER
Section 1. Definition of Terms:
a.) Home Unit is the unit/location where services are provided and employee is
regularly assigned.
b.) Program is an area of similar service provision, different location (i.e. School).
c.) WCHOB wide means the entire Nurse Practitioner bargaining unit for WHCOB.
Section 2. Order: In the event it is necessary to layoff employees covered by this Agreement
or to eliminate a filled position covered by this Agreement, seniority within the affected job title
will prevail provided remaining employees are qualified to perform services of that unit. The
sequence listed below will be followed:
a.) Employees in the clinical Home unit will be offered the opportunity to reduce
their FTE status.
b.) An employee within the clinical Home Unit may volunteer to be laid off. Such
Volunteers will not participate in the displacement process and will immediately
be placed on the recall list.
c.) Probationary employees in the clinical Home Unit will be laid off in ascending
Seniority order.
d.) Employees working in temporary benefited positions in the affected Home Unit
will revert back to their original Home Unit and status.
e.) Per Diem employees in the clinical Home Unit will be laid off in ascending
seniority prior to any benefited employee in the clinical Home Unit
f.) Benefited employees in the clinical Home Unit will be laid off in ascending
seniority order.
215
g.) It is agreed and understood that the percentage of flexible employees will not be
increased in relation to the number of full time employees in any cost center as a
result of a layoff,
h.) An employee subject to layoff may select a vacancy in another bargaining unit
covered by this Agreement and if qualified, be awarded such position before any
external candidate is offered such position at any step.
Section 3. Notification
a.) The Union will be notified in accordance with Article 74, Job Security.
b.) The Employer will give a minimum of two (2) week written notice of layoff or
equivalent compensation. A list of available opportunities, vacancies and
bumping options will be distributed within five (5) days of
the official layoff notice.
c.) When necessary, the Employer will provide appropriate orientation and job
training to the employee in their new position in accordance with displacement/
bumping grid.
Section 4. Process
a.) Job selection for displaced benefited employees will be made in order of descending
seniority beginning within seventy-two (72) hours of receipt of their options . All affected
employees will be required to make their selection at their meeting, which will be
scheduled for each displaced employee.
b.) If an employee calls in by telephone or attends the meeting but at a time later than the
employee's time slot, the employee may make a selection at that point in the process, as if
the employee was immediately junior to the last employee who made a selection.
Section 5. In the event two or more employees share a common seniority date, the last four
(4) digits of each employee’s Social Security number will be considered as a whole number; the
lowest number is the most senior. In the event that the last four (4) digits are equal, sum all nine
(9) of the numbers in each SSN and the lowest total will be most senior. All involved employees
will be invited to this selection process.
Section 6. Employees displaced by the bumping process will then follow the same bumping
procedure at subsequent meetings.
Section 7. All displaced by the bumping process will then follow the same bumping
procedure at subsequent meetings.
Section 8. All displaced benefited employees, if qualified, may select a vacancy in their own
bargaining unit and if qualified be awarded such position before any external candidate is
216
considered for such position in accordance with Article 53, Job Bidding and Transfers or which
were not filled internally through the job posting process.
Section 9. Bumping Options for Full Time Employee
a.) Home Unit Options: Bump least senior full time, same unit, different shift,
same job title; or
b.) Bump least senior part-time or flexible same unit different shift, same job title.
OR
c.) Program Options: Program defined in grid. Bump the least senior full time
within the program, same shift, same job title.
If neither Home Unit or Program options protect shift and status then:
a.) Bump the least senior part-time or flexible within the program,
same shift, same job title; or
b.) Bump the least senior full time within the program different
shift, same job title.
If the above does not provide a benefited position then:
Hospital Wide Options:
a.) Bump the least senior full time, same shift, same job title;
b.) Bump the least senior full time, same job title; or
c.) Bump the least senior part-time or flexible same job title;
d.) Bump the least senior per diem same program, if no program Bump the least senior
per diem in hospital.
Section 10. Bumping Options for Part-Time Employees:
a.) Home Unit Options: Bump the least senior part-time same or flexible Home
Unit, same title, different shift;
OR
b.) Program Options: Program defined in grid. Bump the least senior part-time
or flexible within the program same job title, same shift.
If neither Home Unit or Program options protect shift and status then:
a.) Bump the least senior part-time or flexible within the program same job title
If the above does not provide a benefited position then:
217
b.) Hospital Options: Bump the least senior part-time or flexible hospital wide, same job
title;
OR
If no program option, bump the least senior per diem in hospital.
Section 11. Per Diem Employees:
Per Diem employees may bump least senior per diem in program. If no program option, then
bump least senior per diem in hospital.
Section 12. Program Options will be defined by mutual agreement between the Hospital and
the Union.
Section 13. A full or part time employee who exercises the above options and is unsuccessful
in obtaining a position will be laid off.
Section 14. A Nurse Practitioner will be declared “in a position” when she/he is placed on the
schedule for the new unit.
Section 15. School based Nurse Practitioners are not eligible to bump during school vacation
unless school grant is discontinued or the job is eliminated.
Section 16. “Laid off” means the status of an employee who has been displaced from her/ his
position and is not working in a bargaining unit position. “Displaced,” means the status of an
employee who has been displaced from her/his position and is working in a bargaining unit
position. “Home Unit means the clinical unit to which an employee is regularly assigned and
from which the employee has been laid off or displaced. If a home unit closes, the employee’s
home unit is equal to program and position in recall will be filled in seniority order.
Section 17. Employees will be recalled in order of descending seniority to an open position
within their job classification within the bargaining unit. Positions in recall will be filled in
seniority order. Available positions will be offered simultaneously. Orientation and proper
training will be provided to maintain competency. No employee shall gain in category/status as
a result of a recall. A part time, weekend or flexible employee may gain in hours or accept a
flexible position but may not be offered a full time position.
Section 18. When a clinical unit from which employees have been displaced or laid off
decides to recall its staff the Hospital will recall benefited employees displaced from that unit by
assigning them to that unit.
Section 19. Recalls will be made to displaced employees by reassignment. Recalls will be
made by phone call to the laid off employee at the employee’s phone number of record. If a laid
off employee is unable to be reached by phone call, then recall will be made by certified mail to
218
the employee’s last known address. An employee will have five (5) business days to accept
recall after such notification.
Section 20. If the opening is in a different shift, or FTE status, the employee will have the
option to refuse such offer any time twice during the layoff period. Following such refusal, the
employee will continue to have recall rights to a position from which they were laid off.
Section 21. If the employee accepts a position through the bumping process in a different
clinical unit, FTE status or shift, they will continue to have recall rights to a position equal to the
original position from which they were laid off.
Section 22. An employee who is not available to report to work within fourteen (14) days of
notification or does not respond to notification will be removed from the recall list.
Section 23. A displaced or laid off employee who does not accept a recall to their home unit
at their prior FTE status and shift will be removed from the recall list.
Section 24. An employee who voluntarily applies for and accepts a posted position will be
removed from the recall list.
Section 25. An employee will remain on recall or displaced for a period equal to their length
of service or a minimum of 104 weeks, maximum of 5 years.
Section 26. It is understood that any employee recalled within the time limits of recall will not
lose sick leave accumulated but unused prior to such layoff and will retain their seniority as per
Master Agreement.
Section 27. Once all displaced and laid off employees have been offered recall to their “home
unit”, then any opening in that clinical unit will be posted and filled per Article 53- Job Bidding
and Transfers.
Section 28. Positions in Recall will be offered to benefit employees prior to offering to per
diem employees. It is understood that no per diem employee can be offered recall to the unit until
all benefited employees have been offered recall to their original unit, shift and status.
Bumping/Floating Grid
PNP
NNP
FNP
OB/GYN
PNP
x
x
NNP
x
FNP
x
x
x
OB/GYN NP
x
* On a case by case basis, if the pediatric nurse practitioner is qualified within her credentialing
and practice protocol.
219
SEIU WCHOB PROFESSIONAL
Section 1. Definition of Terms:
a.) Home Unit - The unit/location (e.g. cost center/department) where services are
provided and employee is regularly assigned.
b.) Program - area of similar service provision, different location.
c.) WCHOB Wide - entire professional bargaining unit for WCHOB.
d.) An employee subject to layoff may select a vacancy in another bargaining unit
covered by this Agreement and if qualified, be awarded such position before any
external candidate is offered such position at any step.
Section 2. Order: In the event it is necessary to layoff employees covered by this
Agreement or to eliminate a filled position covered by this Agreement, seniority of the
employees who perform the work within the affected job title will prevail provided that
remaining employees are qualified to perform services of that unit. The sequence listed
below will be followed:
a.) employees in the Home Unit (cost center/department) will be offered the
opportunity to reduce their FTE status;
b.) an employee within the Home Unit (cost center/department) may volunteer to be
laid off. Such volunteers will not participate in the displacement process and will
immediately be placed on the recall list;
c.) probationary employees in the Home Unit (cost center/department) will be laid
off in ascending seniority order;
d.) employees working in temporary benefited positions in the affected Home Unit
(cost center/department) will revert back to their original unit and status;
e.) per Diem employees in the Home Unit (cost center/department) will be laid off in
ascending seniority prior to any benefited employee in the unit;
f.) benefited employees in the unit will be laid off in ascending seniority order;
g.) no employee shall gain in category/status as a result of a layoff.
Section 3. Notification:
a.) The Union will be notified in accordance with Article 55- Job Security;
220
b.) The Employer will give a minimum of one (1) week written notice of layoff or
equivalent compensation. A list of available opportunities, vacancies and
bumping options will be distributed within five (5) days of the official layoff
notice;
c.) When necessary, the Employer will provide appropriate orientation and job
training to the employee in their new position.
Section 4. Process:
a.) May select an external vacancy in their own bargaining unit and if qualified be
awarded such position.
b.) Job selection for displaced benefited employees will be made in order of
descending seniority beginning within seventy-two (72) hours of receipt of their
options. All affected employees will be required to make their selection in a
scheduled meeting, which will be allotted each displaced employee.
Section 5. In the event two or more employees share a common seniority date, the last four
(4) digits of each employee’s Social Security number will be considered as a whole number; the
lowest number is the most senior. In the event that the last four (4) digits are equal; sum all nine
(9) of the numbers in each SSN and the lowest total will be most senior. . All involved
employees will be invited to this selection process.
Section 6. Employees displaced by the bumping process will then follow the same
bumping procedure at subsequent meetings.
Section 7. All displaced benefited employees, if qualified, may bid on any vacancy in
accordance with Master Agreement Article 53, Job Bidding and Transfers or which were
not filled internally through the job posting process.
Section 8. Bumping Options For Full Time Employees
a.) Home Unit (cost center/department) Options:
1.) Bump least senior full time, same Home Unit, different shift, same job title; or
2.) Bump least senior part-time or flexible same Home Unit different shift, same
job title.
THEN
b.) Program Options:
1.) Bump the least senior full time within the program, same shift, same job title.
If neither unit or program options protect shift and status then:
1.) Bump the least senior part-time or flexible within the program, same shift,
same job title;
221
THEN
2.) Bump the least senior full time within the program different shift, same job
title.
If the above does not provide a benefited position then:
c.) Hospital Wide Options:
1.) Bump the least senior full time, same shift, and same job title;
2.) Bump the least senior full time, same job title;
3.) Bump the least senior part-time or flexible same job title.
d.) The employee may bump a FT employee in a lower grade in another job title for
which they are qualified in accordance with a.) through c.) above.
f.) The employee may bump the least senior per diem same program, if no program
option, bump the least senior per diem in hospital.
Section 9. Bumping Options for Part-Time and Weekend Employees:
a.) Home Unit Options:
1.) Bump the least senior part-time or flexible same unit, same title, and different
shift;
THEN
b.) Program Options:
1.) Bump the least senior part-time or flexible within the program same job title,
same shift.
If neither Unit or program options protect shift and status then:
1.) Bump the least senior part-time or flexible within the program same job title,
different shift.
If the above does not provide a benefited position then:
THEN
c.) Hospital Options:
1.) Bump the least senior part-time or flexible hospital wide, same job title.
d.) The employee may bump a part time or flexible or weekend employee in a lower
grade for which they are qualified in accordance with a.) through c.) above.
THEN
222
e.) If no program option, bump the least senior per diem in hospital.
Section 10. Per Diem employees may bump the least senior per diem in program. If no
program option, then bump least senior per diem in hospital.
Section 11. Program Options will be defined by mutual agreement between the Employer
and the Union at the Labor Management Committee.
Section 12. A full or part-time or flexible employee who exercises the above options and is
unsuccessful in obtaining a position will be laid off.
Section 13. A Professional will be declared "in a position" when she/he is placed on the
schedule for the new unit.
Section 14. This article shall not apply to School Health Services employees who are laid
off during school breaks.
Section 15. Definitions:
a.) "Laid off means the status of an employee who has been displaced
from her/ his position and is not working in a bargaining unit position;
b.) "Displaced" means the status of an employee who has been displaced
from her/his position and is working in a bargaining unit position;
c.) "Home Unit" means the unit (e.g. cost center/department) to which an
employee is regularly assigned and from which the employee has been
laid off or displaced.
Section 16. Employees will be recalled in order of descending seniority to an open
position within their home unit and within their job classification within the bargaining
unit. Positions in recall will be filled in seniority order. Available positions will be offered
simultaneously Orientation and proper training will be provided to maintain competency. No
employee shall gain in category/status as a result of recall. A part time, weekend or flexible
employee may gain in hours or accept a flexible position but may not be offered a full time
position.
Section 17. When a unit from which employees have been displaced or laid off decides to
recall its staff, the Hospital will recall benefited employees displaced from that unit by
assigning them to that unit. The Hospital will also recall laid off employees to their
"Home Unit".
Section 18. Recalls to home unit will be made to displaced employees by reassignment.
Recalls to home unit will be given through direct telephone contact with the
223
employee, or if the employee is unavailable, made by certified mail to laid off employee to
employees’ last known address. An employee will have five (5) calendar days to accept recall
after such notification.
Section 19. If the opening is in a different shift, or FTE status, the employee will have the
option to twice refuse such offer any time during the layoff period. Following such
refusal, the employee will continue to have recall rights to a position from which they
were laid off.
Section 20. If the employee accepts a position through the bumping process in a different
clinical unit, FTE status or shift, they will continue to have recall rights to a position
equal to the original position from which they were laid off.
Section 21. An employee who is not available to report to work within fourteen (14) days
of notification or does not respond to notification will be removed from the recall list.
Section 22. A displaced or laid off employee who does not accept a recall to their home
unit at their prior FTE status and shift will be removed from the recall list.
Section 23. An employee who voluntarily applies for and accepts a posted position will be
removed from the recall list.
Section 24. An employee will remain on recall or displaced for a period equal to their length
of service or a minimum of 104 weeks, maximum of 5 years.
Section 25. Other positions available to employees will be listed as per the Job Bidding
and Transfer Article.
Section 26. It is understood that any employee recalled within the time limits of recall
will not lose sick leave accumulated but unused prior to such layoff and will retain then-
seniority as per Master Agreement.
Section 27. Once all displaced and laid off employees have been offered "home unit" then any
opening in that clinical unit will be, posted and filled per Article 53 Job Bidding and Transfers.
Section 28. Positions in Recall will be offered to benefit employees prior to offering to
per diem employees. It is understood that no per diem employee can be offered recall to
the unit until all benefited employees have been offered recall to the position.
SEIU WCHOB TECHNICAL
Section 1. In the event it is necessary to layoff employees covered by this Agreement, or to
eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done
as follows:
224
a.) by providing the Union with the complete plan for staff reduction within the
bargaining unit and by complying with the notification and information
requirement outlined in Article 74 Job Security;
b.) all temporary and then probationary employees in the job title, category, cost
center and shift in which a layoff is to occur will be terminated prior to any
regular employee in that job title, cost center, category of employment and shift,
being subject to layoff;
c.) ask for volunteers to reduce FTE status. After volunteers have submitted their
reductions, management will determine which if any to accept. Management will
then determine what reductions, if any still are needed;
d.) ask for volunteers to accept layoff equal to the needed reductions;
e.) by subjecting to layoff the least senior employee or employees in the job titles,
cost center, category of employment and shift;
f.) an employee subject to layoff will have the option to bump;
g) an employee with seniority who is subject to layoff will have the option of a
bump within his/her cost center within the same job title, but to a different
category of employment and/or to a different shift;
h) an employee subject to layoff may select a vacancy in another bargaining unit
covered by this Agreement and if qualified, be awarded such position before any
external candidate is offered such position at any step;
i) no employee shall gain in category/status as a result of a layoff.
Section 2.
a.) Vacancies that may be filled by employees who are subject to layoff will be
limited to those that exist on the day that the layoff options are given to the first
affected employee in the job title or grade level in the bargaining unit.
b.) All positions which become vacant during the layoff procedure will be posted and
filled as per Article 53, Job Bidding and Transfers.
c.) When it is necessary to permanently change the number of employees on a shift
within a cost center, such a change will be made first by requesting volunteers
from within the cost center. If there are no volunteers, the least senior employee
on the shift to be reduced may choose to be subject to layoff as per Section 2
below or be transferred to the shift on which additional staffing is needed.
225
d.) It is agreed and understood that employees shall serve a sixty (60) working day
trial period if for any reason under this Article they are placed in a position which
requires substantive variation in techniques and procedures utilized in the
performance of their job. Failure to complete the trial period (voluntary or
involuntary) shall result in that employee being laid off.
Section 3. When an employee with seniority is subject to layoff, or has their position
eliminated under Section 1 above, such affected employee shall be placed in a position in the
bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit, which is
in their category of employment, job title and shift. If the employee opts to drop
shift as a requirement for placement, they may do so at any step. If there is a
vacancy in another category of employment with lesser hours which has not been
filled by an employee in that category during Step 1 of this procedure, an
employee may opt to fill that vacancy.
Step 2: Second, if no such vacancy exists, they would be permitted to bump any
probationary employee in their category of employment, job title and shift.
Step 3: Third, if there are no probationary employees who may be bumped, then the
employee subject to layoff may bump the least senior employee in their category
of employment, job title and shift.
Step 4: Fourth if the employee cannot be placed within their category of employment, job
title and shift, they shall be offered the option to bump the least senior employee
in their job title and shift.
Step 5: Fifth if the employee cannot be placed within their category of employment, job
title and shift, they shall be assigned to any vacant position in the bargaining unit
which is in their category of employment and job title.
Step 6: Sixth if no such vacancy exists, they would be permitted to bump any
probationary employee in their category of employment and in the same job title
in the bargaining unit.
Step 7: Seventh, if there are no probationary employees who may be bumped, then the
employees subject to layoff may bump the least senior employee in their category
of employment and job title in the bargaining unit.
Step 8: Eighth if the employee cannot be placed within their job title, then they shall be
assigned to any vacant position in their category of employment and grade level
provided the employee meets the requirements for hiring into that position.
226
Step 9: Ninth, if no such vacancy exists, the employee shall bump any probationary
employee in their category of employment and grade level provided the employee
meets the requirements for hiring into that position.
Step 10: Tenth, if there are no probationary employees who may be bumped in Step 9
above, then the employee may bump the least senior employee in their category of
employment and grade level, provided the employee has more seniority than the
least senior employee and has the ability to perform the work inclusive of the
requirements for hiring into that position.
Step 11: Eleventh, if the employee cannot be placed in their category of employment and
grade level, they may bump the least senior employee in any category of
employment in their grade level, provided they meet the requirements for hiring
into that position.
Step 12: Twelfth, if the employee cannot be placed in a position in their category of
employment and grade level by Step 11 above, the above Step 5 through Step 11
shall be repeated in the next lower grade level and then to subsequent lower grade
levels until placed into a position or laid off.
1.) The Employer will decide in all cases whether there is a vacancy. When the least
senior employee above is bumped, they shall be placed as if they were originally
subject to layoff.
2.) The employee may elect a layoff at any Step except Step 1. A refusal to accept a
position for which the employee meets the requirements will result in the
employee being laid off at that point.
3.) It is understood that the employee response must be provided to the appropriate
Human Resource personnel within forty-eight (48) hours of the time the employee
was informed of their option(s). Failure to respond within forty-eight (48) hours
shall be considered as a waiver of the option(s) and the employee shall be laid off.
4.) The Employer shall give a minimum of seven (7) days’ notice of layoff.
5.) When questions arise regarding the ability to perform the work, the burden of
proof shall rest with the Union.
6.) Recall Process:
a.) Employees will be recalled from layoff in order of seniority to an open
job within the bargaining unit provided they have the ability to perform
the work available. If the opening is in a different job title, category of
employment or shift, they will have the option to refuse such offer up to
two (2) times during the layoff period. Available positions will be offered
simultaneously. No employee shall gain in category/status as a result of a
227
recall. A part time, weekend or flexible employee may gain in hours or
accept a flexible position but may not be offered a full time position.
b.) Following refusal of the two (2) offers referenced in a.) above, the
employee will continue to have recall rights to a position in his/her job
title, category of employment and shift (exact match).
c.) Once an employee has refused an exact match offer (category of
employment, job title and shift) that employee will have voluntarily
severed ties with the Employer and be terminated.
7.) Recalls from layoff will be given through direct telephone contact with the
employee, or if the employee is unavailable, by certified mail to the employee's
last known address and will give the employee a minimum of fourteen (14)
calendar days to report for work after such notification.
8.) Employee will have recall rights as defined in the Master Agreement Article
Seniority Section h.3.
9.) This article shall not apply to School Health Services employees who are laid off
during school breaks.
SEIU WCHOB CLERICAL
Section 1. In the event it is necessary to layoff employees covered by this Agreement, or to
eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done
as follows:
a.) by providing the Union with the complete plan for staff reduction within the
bargaining unit and by complying with the notification and information
requirement outlined in Article 74, Job Security;
b.) by subjecting to layoff the least senior employee or employees in the job title, cost
center, category of employment and shift;
c.) all temporary and then probationary employees in the job title, category, cost
center and shift in which a layoff is to occur will be terminated prior to any
regular employee in that job title, cost center, category of employment and shift,
being subject to layoff;
d.) an employee with seniority who is subject to layoff will have the option of a
bump within his/her cost center within the same job title, but to a different
category of employment and/or to a different shift;
228
e.) vacancies that may be filled by employees who are subject to layoff will be
limited to those that exist on the day that the lay-off options are given to the first
affected employee in the job title or grade level in the bargaining unit;
f.) all positions which become vacant during the lay-off procedure will be posted and
filled as per Article 53, Job Bidding and Transfers;
g.) part-time employees with seniority who are subject to layoff will have the option to bump
the least senior part-time employee.
h.) when it is necessary to permanently change the number of employees on a shift
within a cost center, such a change will be made first by requesting volunteers
from within the cost center. If there are no volunteers, the least senior employee
on the shift to be reduced may choose to be subject to layoff as per Section 2
below or be transferred to the shift on which additional staffing is needed;
i.) it is agreed and understood that employees shall serve a sixty (60) working day
trial period if for any reason under this Article they are placed in a position which
requires substantive variations in techniques and procedures utilized in the
performance of their job. Failure to complete the trial period (voluntary or
involuntary) shall result in that employee being laid off;
j.) an employee subject to layoff may select a vacancy in another bargaining unit
covered by this Agreement and if qualified, be awarded such position before any
external candidate is offered such position at any step;
k.) no employee shall gain in category/status as a result of a layoff.
Section 2. When an employee with seniority is subject to layoff, or has their position
eliminated under Section 1 above, such affected employee shall be placed in a position in the
bargaining unit in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit, which is
in their category of employment, job title and shift. If the employee opts to drop
shift as a requirement for placement, they may do so at any step. If there is a
vacancy in another category of employment with lesser hours which has not been
filled by an employee in that category during Step 1 of this procedure, an
employee may opt to fill that vacancy.
Step 2: Second, if no such vacancy exists, they would be permitted to bump any
probationary employee in their category of employment, job title and shift.
Step 3: Third, if there are no probationary employees who may be bumped, then the
employee subject to layoff may bump the least senior employee in their category
of employment, job title and shift.
229
Step 4: Fourth if the employee cannot be placed within their category of employment, job
title and shift, they shall be offered the option to bump the least senior employee
in their job title and shift.
Step 5: Fifth if the employee cannot be placed within their category of employment, job
title and shift, they shall be assigned to any vacant position in the bargaining unit
which is in their category of employment and job title.
Step 6: Sixth if no such vacancy exists, they would be permitted to bump any
probationary employee in their category of employment and in the same job title
in the bargaining unit.
Step 7: Seventh, if there are no probationary employees who may be bumped, then the
employees subject to layoff may bump the least senior employee in their category
of employment and job title in the bargaining unit.
Step 8: Eighth if the employee cannot be placed within their job title, then they shall be
assigned to any vacant position in their category of employment and grade level
provided the employee meets the requirements for hiring into that position.
Step 9: Ninth, if no such vacancy exists, the employee shall bump any probationary
employee in their category of employment and grade level provided the employee
meets the requirements for hiring into that position.
Step 10: Tenth, if there are no probationary employees who may be bumped in Step 9
above, then the employee may bump the least senior employee in their category of
employment and grade level, provided the employee has more seniority than the
least senior employee and has the ability to perform the work inclusive of the
requirements for hiring into that position.
Step 11: Eleventh, if the employee cannot be placed in their category of employment and
grade level, they may bump the least senior employee in any category of
employment in their grade level, provided they meet the requirements for hiring
into that position.
Step 12: Twelfth, if the employee cannot be placed in a position in their category of
employment and grade level by Step 11 above, the above Step 5 through Step 11
shall be repeated in the next lower grade level and then to subsequent lower grade
levels until placed into a position or laid off.
The Employer will decide in all cases whether there is a vacancy. When the least senior
employee above is bumped, they shall be placed as if they were originally subject to layoff.
Section 3. When the employee is bumped, they shall be moved through the steps in Section
2 above, as if they were originally subject to layoff.
230
Section 4. The employee may elect a layoff at any Step except Step 1. A refusal to accept a
position for which the employee meets the requirements will result in the employee being laid
off at that point.
Section 5. It is understood that the employee response must be provided to the appropriate
Human Resource personnel within forty-eight (48) hours of the time the employee was informed
of their option(s). Failure to respond within forty-eight (48) hours shall be considered as a waiver
of the option(s) and the employee shall be laid off.
Section 6 The Employer shall give a minimum of seven (7) days’ notice of layoff.
Section 7. When questions arise regarding the ability to perform the work, the burden of
proof shall rest with the Union.
Section 8. Recall Process:
a.) Employees will be recalled from layoff in order of seniority to an open job within
the bargaining unit provided they have the ability to perform the work
available. If the opening is in a different job title, category of employment or
shift, they will have the option to refuse such offer up to two (2) times during
the layoff period. Available positions will be offered simultaneously. No
employee shall gain in category/status as a result of a recall. A part time,
weekend or flexible employee may gain in hours or accept a flexible position but
may not be offered a full time position.
b.) Following refusal of the two (2) offers referenced in a.) above, the employee will
continue to have recall rights to a position in their job title, category of
employment and shift (exact match).
c.) Once an employee has refused an exact match offer (category of employment, job
title and shift) that employee will have voluntarily severed ties with the employer
and be terminated.
Section 9. Recalls from layoff will be given through direct telephone contact with the
employee, or if the employee is unavailable, by certified mail to the employee's last known
address and will give the employee a minimum of fourteen (14) calendar days to report for work
after such notification.
Section 10. This article shall not apply to School Health Services employees who are laid off
during school breaks.
SEIU WCHOB SERVICE AND MAINTENANCE
Section 1. Definition of Terms:
a.) Home Unit – The unit/location (e.g. cost center/ department) where services
231
are provided and employee is regularly assigned.
b.) Program - an area of similar service provision, different location (i.e. School).
c.) WCHOB Wide - entire WCHOB Service and Maintenance bargaining unit for
WHCOB.
Section 2. In the event it is necessary to layoff employees covered by this Agreement, or to
eliminate a filled position covered by this Agreement, such layoffs or eliminations will be done
as follows:
a.) by providing the Union with the complete plan for staff reduction within the
bargaining unit and by complying with the notification and information
requirement outlined in Article 74, Job Security;
b.) by subjecting to layoff the least senior employee or employees in the job title,
home unit (cost center/dept) , category of employment and shift;
c.) all temporary and then probationary employees in the job title, category of
employment, home unit (cost center/dept), and shift in which a layoff is to occur
will be terminated prior to any regular employee in that job title, home unit and
shift, being subject to layoff;
d.) an employee with seniority who is subject to layoff will have the option of a
bump following steps a.), b.), and c.) of this section, within the same job title but
to a different category of employment and/or to a different shift;
e.) vacancies that may be filled by employees who are subject to layoff will be
limited to those that exist on the day that the layoff options are given to the first
affected employee in the job title or grade level in the bargaining unit;
f.) all positions which become vacant during the layoff procedure will be posted and
filled as per Article 53, Job Bidding and Transfers;
g.) part-time employees with seniority who are subject to layoff will have the option
to bump the least senior part-time employee.
h.) when it is necessary to permanently change the number of employees on a shift
within a cost center, such a change will be made first by requesting volunteers
from within the cost center. If there are no volunteers, the least senior employee
on the shift to be reduced may choose to be subject to layoff as per Section 2
below or be transferred to the shift on which additional staffing is needed;
i.) it is agreed and understood that the percentage of flexible employees will not be
increased in relation to the number of full time employees in any cost center as a
result of a layoff;
232
j.) it is agreed and understood that employees shall serve a sixty (60) working day
trial period if for any reason under this Article they are placed in a position which
requires substantive variations in techniques and procedures utilized in the
performance of their job. Failure to completed the trial period (voluntary or
involuntary) shall result in that employee being laid off;
k.) an employee subject to layoff may select a vacancy in another bargaining unit
covered by this Agreement and if qualified, be awarded such position before any
external candidate is offered such position at any Step;
l.) no employee shall gain in category/status as a result of a layoff.
Section 3. When an employee with seniority is subject to layoff, or has position eliminated
under Section 1. above, such affected employee will be placed in a position in the bargaining unit
in the following sequence:
Step 1: First, they shall be assigned to any vacant position in the bargaining unit, which is
in their category of employment, job title and shift. If the employee opts to drop
shift as a requirement for placement, they may do so at any step. If there is a
vacancy in another category of employment with lesser hours which has not been
filled by an employee in that category during Step 1 of this procedure, an
employee may opt to fill that vacancy. Temporary positions are not included in
this process unless the employee chooses a temporary position. It is understood
that an employee who chooses a temporary position at this step shall be placed as
if they were originally subject to layoff and will be given options once the
temporary position expires.
Step 2: Second, if no such vacancy exists, they would be permitted to bump any
probationary employee in their category of employment, job title and shift.
Step 3: Third, if there are no probationary employees who may be bumped, then the
employee subject to layoff may bump the least senior employee in their category
of employment, job title and shift.
Step 4: Fourth if the employee cannot be placed within their category of employment, job
title and shift, they shall be offered the option to bump the least senior employee
in their job title and shift.
Step 5: Fifth if the employee cannot be placed within their category of employment, job
title and shift, they shall be assigned to any vacant position in the bargaining unit
which is in their category of employment and job title.
Step 6: Sixth if no such vacancy exists, they would be permitted to bump any
probationary employee in their category of employment and in the same job title
in the bargaining unit.
233
Step 7: Seventh, if there are no probationary employees who may be bumped, then the
employees subject to layoff may bump the least senior employee in their category
of employment and job title in the bargaining unit.
Step 8: Eighth if the employee cannot be placed within their job title, then they shall be
assigned to any vacant position in their category of employment and grade level
provided the employee meets the requirements for hiring into that position.
Step 9: Ninth, if no such vacancy exists, the employee shall bump any probationary
employee in their category of employment and grade level provided the employee
meets the requirements for hiring into that position.
Step 10: Tenth, if there are no probationary employees who may be bumped in Step 9
above, then the employee may bump the least senior employee in their category of
employment and grade level, provided the employee has more seniority than the
least senior employee and has the ability to perform the work inclusive of the
requirements for hiring into that position.
Step 11: Eleventh, if the employee cannot be placed in their category of employment and
grade level, they may bump the least senior employee in any category of
employment in their grade level, provided they meet the requirements for hiring
into that position.
Step 12: Twelfth, if the employee cannot be placed in a position in their category of
employment and grade level by Step 11 above, the above Step 5 through Step 11
shall be repeated in the next lower grade level and then to subsequent lower grade
levels until placed into a position or laid off.
The Employer will decide in all cases whether there is a vacancy. When the least senior
employee above is bumped, they shall be placed as if they were originally subject to layoff.
Section 4. When the employee is bumped, they shall be moved through the steps in Section
2 above, as if they were originally subject to layoff.
Section 5. The employee may elect a layoff at any Step except Step 1. A refusal to accept a
position for which the employee meets the requirements will result in the employee being laid
off at that point.
Section 6. It is understood that the employee response must be provided to the appropriate
Human Resource personnel within forty-eight (48) hours of the time the employee was informed
of their option(s). Failure to respond within forty-eight (48) hours shall be considered as a waiver
of the option(s) and the employee shall be laid off.
Section 7. The Employer shall give a minimum of seven (7) days’ notice of layoff.
234
Section 8. When questions arise regarding the ability to perform the work, the burden of
proof shall rest with the Union.
Section 9. Recall Process:
a.) Employees will be recalled from layoff in order of seniority to an open job within
the bargaining unit provided they have the ability to perform the work available.
If the opening is in a different job title, category of employment or shift, they will
have the option to refuse such offer up to two (2) times during the layoff period.
Available positions will be offered simultaneously. No employee shall gain in
category/status as a result of a recall. A part time, weekend or flexible employee
may gain in hours or accept a flexible position but may not be offered a full time
position.
b.) Following refusal of the two (2) offers referenced in a.) above, the employee will
continue to have recall rights to a position in their job title, category of
employment and shift (exact match).
c.) Once an employee has refused an exact match offer (category of employment, job
title and shift) that employee will have voluntarily severed ties with the employer
and be terminated.
Section 10. Recalls from layoff will be given through direct telephone contact with the
employee, or if the employee is unavailable, by certified mail to the employee's last known
address and will give the employee a minimum of fourteen (14) calendar days to report for work
after such notification.
Section 11. This article shall not apply to School Health Services employees who are laid off
during school breaks.
Article 52
Multi-Site Float Pool
Section 1. Multi-site float pools may be established between the sites covered by this Master
Agreement, for the purpose of providing flexible, competent staff to cover hard-to-fill positions,
leaves of absence, census fluctuations and unscheduled absences and to reduce the utilization of
external agency personnel. If a determination is made to establish a multi-site float pool, the
Employer will provide the Unions with notice and the parties will meet to negotiate the terms.
Section 2. Multi-site float pool positions will be new FTEs and will not be counted as, nor
will they replace the regular staff in any department. Multi-site float pool employees will not be
hired as flexible employees.
Section 3. When the need to implement a float pool has been determined and the sites the
pool employees will float to has been established, the positions will be posted as per Article 53,
Job Bidding and Transfers. The positions will be assigned at the appropriate bargaining unit and
235
pool members will be covered by the contractual provisions of this Master Agreement and that
bargaining unit agreement.
Section 4. All Kaleida Health employees will be considered as internal applicants for
bidding purposes in this float pool.
Section 5. The multi-site float pool employees will be compensated as per the negotiated
salary scales included in Appendices A-F and will receive the following differential in addition
to his/her base rate:
Day Evening Night
Clerical $2.00 $4.20 $6.00
Professional $3.00 $6.00 $7.50
RN $5.00 $6.00 $7.50
Service $2.00 $4.20 $6.00
Tech $3.00 $4.20 $6.00
Float pool employees will not receive shift differential in addition to the differentials listed in
this Section 5. above.
Section 6. Employees will be afforded the opportunity to indicate their top two (2) site
preferences for assignment and every effort will be made to accommodate these preferences;
however, employees will be assigned based on competencies and staffing needs. Multi-site float
pool employees will not be required to float to more than one (1) site per shift.
Section 7. All employees will receive a full competency based orientation. When the level
of care is more acute at one of the sites, employees will serve their clinical orientation at that site.
Section 8. Individual schedules will be completed per Article 15, Hours of Work and Work
Schedules, with a base staff for each shift according to average daily census or workload. Each
multi-site float pool will be considered its own “unit” for the purpose of scheduling PTO
requests/approvals.
Section 9. This provision will not apply to the DeGraff Memorial Hospital Maintenance
bargaining unit.
Article 53
Job Bidding and Transfers
Section 1. All job vacancies will be posted as follows:
a.) When a vacancy occurs in a bargaining unit position in any unit covered by the
Master Agreement, the position will be posted in a prominent place at all sites,
where members of the bargaining unit work and will be posted on the
Kaleidascope, for seven (7) calendar days. All Kaleida Health employees
236
regardless of whether they are in the bargaining unit or not will be required to bid
on posted jobs during the seven (7) day posting period.
b.) The posting shall include the bargaining unit, position (job title), posting dates,
department/unit, cost center, requisition number, status, hours per pay period,
shift (day, evening, night), starting and ending times, any weekend, holiday or
shift rotation required, on-call requirement, pay grade and the qualifications for
the position as defined in the job description for the position. A copy of all job
postings will be sent to the Union.
c.) On-line access is available at Kaleidascope, Kaleida’s internal web site at
http://Kaleidascope.com on the Human Resources page. On-line job posting will
include the information referred to in b.) above.
d.) Application shall be made for a posted position utilizing the existing electronic
recruiting application and a confirmation documenting receipt of the application
will be provided if the employee has included an accurate e-mail address on
his/her application.
e.) Employees may not be accepted for posted positions until they have completed
twelve (12) months of employment, except for a position which is at a higher pay
grade to which they may be accepted after ninety (90) days of employment. In
addition, an employee who has transferred to a position must remain in that
position for twelve (12) months before applying for another posted position.
Except that an employee may apply for a posted position which is at a higher pay
grade without regard to the twelve (12) month limits above. This paragraph shall
not apply to intra cost center shift change or intra cost center status changes.
f.) All job vacancies shall be maintained on Kaleidascope.
Section 2. Posted positions shall be filled in the following order:
a.) First, by the most senior, qualified applicant from within the bargaining unit in
which the vacancy occurs.
b.) Next, if the position cannot be filled from within the bargaining unit, it will then
be filled by the most senior, qualified applicant from another bargaining unit
covered by this Master Agreement as outlined in Article 50, Seniority.
c.) Any employee who applies for a position within the bargaining unit after the
seven (7) day posting period, but within thirty (30) days of the position posting
and provided the position has not been offered, will be awarded the position
before an external applicant, provided the internal candidate meets all of the
qualifications for hiring into that position.
237
d.) Any temporary employee who applies for a position within a bargaining unit
covered by this Agreement, that the employee is performing on a temporary basis,
will be interviewed and considered for a position before the position is offered to
an external applicant.
e.) If the position cannot be filled from within the bargaining units covered by this
Master Agreement, the Employer may fill the position from any source available
to the Employer, provided the candidate meets all of the qualifications for hiring
into that position.
f.) The IUOE bargaining unit at DeGraff Memorial Hospital is not covered by
subsection b.) above. Therefore, employees from that bargaining unit, who bid
into another bargaining unit, carryover corporate seniority for benefits only.
Employees who bid into the IUOE bargaining unit at DeGraff Memorial Hospital
shall carryover corporate seniority for benefits only.
g.) In all instances, the appropriate manager is responsible for the interview and
selection of applicants within fourteen (14) days of the end of the posting.
h.) The transfer date for any transfer made pursuant to a.) or b.) above will be within
four (4) weeks (twenty-eight [28] calendar days) of the date of the selection.
1.) If an employee accepts an offer to transfer to a new position, he/she is not
eligible to continue bidding on other positions. In the event that an
employee subsequently chooses to decline the position they have accepted,
they will be ineligible to bid on any other positions for six (6) months
from the date of acceptance. A successful bidder who exercises his/her
rights to return to their original job within thirty (30) day trial period will
not be eligible to bid on another position for twelve (12) months from the
date of the original transfer.
2.) If a position was filled by a successful bidder and for some reason
becomes vacant, i.e., due to unsuccessful trial period, the Employer may
offer the job to the next eligible bidder provided that it has been no more
than sixty (60) days since the position was filled.
Section 3. A qualified applicant shall be defined as an employee who possesses the entry
level qualifications in the job description and is able to do the work when required. Ability to do
the work and documented performance, inclusive of disciplinary record, may be considered
when awarding a position. A verbal warning will not preclude an employee from being a
successful bidder. The Employer will notify all applicants of the result of their bid in a timely
manner not to exceed two (2) weeks from the date the position is awarded.
Section 4. A successful bidder shall be required to serve a thirty (30) calendar day trial
period exclusive of any classroom training required. At the midpoint of the trial period the
employee shall be evaluated and given written notification if a problem exists. During the trial
238
period, the employee will be returned to his/her original position if the employee elects to be
returned or the Employer finds the employee is unsatisfactory in the new position.
Section 5. The decision as to whether any vacancy in any job classification exists, and if it
will be filled, is reserved to the Employer.
Section 6. It is agreed to and understood by the parties that the Employer will post all
temporary vacancies and temporary assignments (including those positions designated as a
special project assignment) and any employee may apply for and be accepted into a position
which is labeled and posted as a temporary vacancy or temporary assignment. Only applicants
who already have the competencies to fill the position and who can fill the position without
training will be considered. Employees filling temporary vacancies will receive benefits of that
position while in the temporary vacancy and will return to his/her permanent position when the
temporary vacancy has been filled permanently or deleted. Any special project positions will be
put on the agenda of the Oversight Committee for review and discussion prior to posting.
Section 7. All employees hired into the HighPointe or DeGraff Long Term Care facility after
the effective date of this Agreement may not be accepted for any posted positions, including
promotional positions, until they have completed twenty-four (24) months of employment. This
paragraph shall not apply to intra-facility shift changes or intra-facility status changes or
promotion within LTC. If a person acquires a license in a higher title than they currently work
and there are no available positions within LTC, then the above restriction will be waived.
Article 54
Temporary Transfers Between Kaleida Health Sites
Section 1. Should a posted vacancy remain unfilled after all of the provisions of Article 53,
Job Bidding and Transfers have been exhausted, temporary transfers between sites will be
permitted. Employees who are covered by this Master Agreement and who are permanently
assigned to work at a site within the Kaleida Health system, may elect to work hours above and
beyond their normal work schedule under the following conditions:
a.) the additional hours do not cause the displacement of any employee at the site to
which the employee is temporarily assigned;
b.) all provisions under this Agreement for assigning extra hours to employees
(Article 15, Hours of Work and Work Schedules), have been exhausted;
c.) normal recruiting efforts at the site will be ongoing to fill the position
permanently;
d.) the employee will remain a member of his/her bargaining unit and will be covered
by the terms and conditions of his/her collective bargaining agreement;
239
e.) if more than one (1) qualified employee volunteers to work additional hours, the
most senior qualified employee will be assigned to work;
f.) when the position filled by volunteers pursuant to this subdivision, is filled or
expires, the employee who temporarily filled the position will no longer be
scheduled at that site, but will continue to be scheduled as per their category of
employment at their permanent site; and
g.) every employee transferred pursuant to this Section 1. shall receive his/her current
hourly rate of pay or the rate for the position at the receiving facility, whichever is
higher.
Section 2. Employees who are permanently assigned to work at a site within the Kaleida
Health system, and who are downsized at their site as per the bargaining unit agreement on
downsizing, or where downsizing is occurring, may volunteer to be temporarily assigned to work
at a different site under the following conditions:
a.) there is a decrease in volume or census at a site(s) and an increase in volume or
census at another site;
b.) the additional hours do not cause the displacement of any employee at the site to
which the employee is temporarily assigned;
c.) volunteers from the downsized site(s) where the Employer has determined that
volume and/or census permits, shall be solicited;
d.) volunteers must meet the basic core competencies for the work to be performed at
the receiving site and will be chosen on the basis of seniority;
e.) a transferred employee will remain a member of his/her bargaining unit and will
be covered by the terms and conditions of his/her contract, subject to the
following:
(1.) every employee transferred pursuant to this Section 2. shall receive his/her
current hourly rate of pay or the rate of pay for the position at the
receiving facility, whichever is higher;
(2.) each will receive a site specific orientation at the new site; and
(3.) each will be held harmless from any additional costs for parking;
f.) a temporary transfer as outlined above will be limited to an initial period not to
exceed three (3) consecutive months and may be extended for an additional three
(3) consecutive months for a maximum of six (6) consecutive months. The
Employer may reverse a transfer at any time during the transfer period providing
such action is not arbitrary or capricious. The employee will then return to his/her
240
prior position and status. The transferring employee may return to his/her
permanent site at any time during the transfer period by simply making a request
to return to the Employer.
Section 3. Employees who are permanently assigned to work at a site within the Kaleida
Health system may volunteer to be temporarily assigned to work at a different site to cover
seasonal needs, emergencies, training or special projects under the following conditions:
a.) In the case of seasonal needs, training or special projects, the plan for temporary
assignment will be presented to the next scheduled Oversight Committee prior to
implementation.
b.) Volunteers from other sites where the Employer determines volume or workload
permits, shall be solicited.
c.) Volunteers must meet the basic core competencies for the work to be performed
at the receiving site and will be chosen on the basis of seniority.
d.) A transferred employee will remain a member of his/her bargaining unit and will
be covered by the terms and conditions of his/her contract, subject to the
following:
(1.) every employee transferred pursuant to this Section 3. shall receive his/her
current hourly rate of pay or the rate of pay for the position at the
receiving facility, whichever is higher;
(2.) each will receive a site specific orientation at the new site; and
(3.) each will be held harmless from any additional costs for parking.
e.) A temporary transfer as outlined above will be limited to an initial period not to
exceed three (3) consecutive months and may be extended for an additional three
(3) consecutive months for a maximum of six (6) consecutive months. The
Employer may reverse a transfer at any time during the transfer period providing
such action is not arbitrary or capricious. The employee will then return to their
prior position and status. The transferring employee may return to his/her
permanent site at any time during the transfer period by simply making a request
to return to the Employer
241
Article 55
Merger, Consolidation, Transfer or Establishment of
Work within Kaleida Health
Section 1. In the event of establishment, merger, consolidation, or transfer of services and/or
programs, in whole or in part, by Employer ("Kaleida Action")
1
, the provisions of this article
shall be implemented.
Section 2. NOTICE TO THE UNIONS:
a.) Oversight Committee: A joint committee will oversee and monitor application of,
and compliance with this article.
b.) The joint committee shall be composed of up to three (3) representatives from
each of the Unions and up to an equal number of representatives from the
Employer. Union employee committee members shall receive time and pay from
work to attend committee meetings. In addition to the standing committee, union
representatives from an area affected by a Kaleida Action will be permitted to
participate on an unpaid basis, in oversight meetings that deal with said action.
c.) The members of the committee will have responsibilities which shall include, but
will not be limited to the duty to:
(1.) review Employer plans/information relative to any proposed Kaleida
Action;
(2.) meet and confer in good faith regarding the Employer's proposed plan and
explore possible alternatives where appropriate;
(3.) review and assess the job titles affected by the Employer's proposed plan;
(4.) consider issues involving similar job titles;
(5.) consider qualification issues;
(6.) make recommendations regarding compliance with this article and how
best to accomplish the objectives of the article; and
(7.) monitor wages and benefits in accordance with Section 3.
d.) Prior to Kaleida Action, the Employer shall, as soon as practicable, but in no
event less than sixty (60) days prior to the scheduled Kaleida Action
2
, provide the
Oversight Committee with notice and information regarding the Employer's plans.
Such information shall include the following:
1
Physician controlled practice patterns are excluded unless there is a need to increase personnel at
the physician's new site.
2
It is agreed and understood that procedures outlined in Section 4 may occur during the 60-day
period, but in no event may they take effect before the period has expired.
242
(1.) explanation of the proposed Kaleida Action and when it is proposed to
take place;
(2.) identification of the jobs/positions and sites to be affected;
(3.) identification of the number of jobs, if any, that will remain at a site,
including a breakdown of the number of full-time/part-time positions per
shift;
(4.) identification of the number of jobs available at the new site, including a
breakdown of the number of full-time/part-time positions per shift; and
(5.) single list of all affected employees at all affected sites, as well as all
individuals on layoff with the right of recall, blended by corporate
seniority as defined in Article 50, Seniority. The employee list shall
include the employee’s wage rate, corporate seniority date, job title, shift,
category of employment, actual work hours per week, paid time off
accrual and health insurance option.
e.) If the Employer is not able to provide a complete set of the information outlined
in items (1) - (5) above, additional days for review, equal to the length of the
delay, will be provided to the Unions.
f.) If a consolidation does not occur within ninety (90) days of the implementation
date presented to the oversight committee, the consolidation will be considered to
not have occurred. If it is intended that the consolidation will occur at a later date,
the procedure outlined in d.) above, inclusive of the sixty (60) day notice must be
followed.
g.) Notwithstanding any collective bargaining agreement for a covered bargaining
unit, the Employer shall have the right to move employees to any of its sites as a
result of Kaleida Action. The Employer shall have the discretion to decide
whether and how to establish, merge, consolidate and transfer services or
programs, in whole or in part, the number and types of jobs to be maintained or
eliminated and the location of the work to be performed, except as limited by this
Agreement.
h.) The Employer agrees and commits that it is not the intent of this Article to move
personnel out of bargaining unit positions for the specific purpose of eroding the
Unions.
Section 3. WAGE AND BENEFIT PROTECTION:
a.) An employee who relocates from one site to another in the same or equivalent job
classification as a result of Kaleida Action will be paid either their rate at their
former site or the rate at the new site, whichever is higher. If the employee’s rate
prior to relocating is used, that rate will be ‘red circled’ at the new site.
b.) Accrued time off shall be recognized and appropriately credited by the new
facility.
243
c.) An employee who relocates as a result of Kaleida action will continue his or her
coverage under the former site pension plan until replaced by the parties.
d.) An employee who relocates, as set forth in a.) above, will be entitled to continue
his or her present health benefits for a period of time not to exceed ninety (90)
days after which time he or she will receive health benefits in accordance with the
contract/rules of the new site. All other benefits will be in accordance with the
contract/rules of the new site.
Section 4. PROCEDURE TO BE FOLLOWED IN THE EVENT OF KALEIDA ACTION:
a.) Kaleida Action Affecting Entire Service or Program. Where a Kaleida Action
will affect an entire service or program the following procedure will be adhered
to:
(1.) Employer will provide notice to the Unions in accordance with the
provisions of Section 2. of this Article; such notice shall include a single
list, blended by corporate seniority, of all affected employees at all
affected sites, as well as all individuals on layoff with the right of recall;
(2.) employees affected will be notified; and
(3.) employees affected will have the following options:
(A.) follow the work if their corporate seniority places them in a
position to do so (i.e. they make the cut on the blended seniority
list);
Positions at the new site will be filled in order of seniority as set
forth on blended seniority list; however, no employee shall gain in
category/status as a result of relocation due to Kaleida Action (e.g.
part-time to full-time), unless vacancies remain; or
(B.) exercise site options (i.e., bumping); Employee's seniority would
remain as defined by site agreement; or
(C.) layoff if no position available at new site and no site options
available or by election: the only exception to (C.) will be, that if
an employee is offered a position in his/her job title (area of
specialty), category of employment, shift and wage rate at his/her
existing site, lay-off will not be an option.
b.) Partial Kaleida Action. Where a Kaleida Action will affect only part of a service
or program the following procedure will be adhered to:
(1.) Employer will provide notice to the Unions in accordance with the
provisions of Section 2. of this Article; such notice shall include a single
244
list, blended by corporate seniority, of all affected employees at all
affected sites, as well as all individuals on layoff with the right of recall;
(2.) employees affected will be notified;
(3.) determine who stays in remaining positions at site by site/agreement/rules;
and
(4.) Employees affected will have the following options:
(A.) follow the work if their corporate seniority places them in a
position to do so (i.e., they make the cut on the blended seniority
list).
Positions at the new site will be filled in order of seniority as set
forth on blended seniority list; however, no employee shall gain in
category/status as a result of relocation due to Kaleida Action (e.g.,
part-time to full-time), unless vacancies remain; or
(B.) exercise site options (i.e., bumping); Employee's seniority would
remain as defined by site agreement; or
(C.) layoff if no position available at new site and no site options
available or by election: the only exception to (C.) will be, that if
an employee is offered a position in his/her job title (area of
specialty), category of employment, shift and wage rate at his/her
existing site, layoff will not be an option.
c.) Employees laid off due to Kaleida Action shall have the right of recall:
(1.) to their former site under that site's contract/rules; and
(2.) to the new site for five (5) years or the length of the employee’s corporate
seniority, whichever is less.
d.) If an employee is laid off as a result of a Kaleida Action, and relinquishes any
right of recall at the time of layoff, the employee shall be eligible for severance as
set forth in Section 5.
e.) A relocated employee due to Kaleida Action shall be required to serve a sixty (60)
working day trial period only where there are substantive variations in the
techniques and procedures utilized in the performance of their job at their new
site. Failure to complete the trial period (voluntary or involuntary) shall result in
the employee returning to his/her former site and exercising his/her site options as
outlined in the site contract/rules.
f.) A final outcome analysis will be provided to the Oversight Committee within
thirty (30) days, from the date a consolidation has been completed.
Section 5. SEVERANCE:
The following applies to eligible employees who are permanently laid off due to Kaleida Action:
a.) The employee shall receive 14 days’ notice.
245
b.) The employee shall receive one (1) week’s pay for each year of service up to a
maximum of twelve (12) weeks base pay. Said payment shall be paid in bi-
weekly installments with normal payroll withholdings deducted.
c.) The Employer’s premium payment contribution towards the employee’s health
benefits shall be continued until the end of the month in which the severance
payment period expires.
d.) Employer will not contest the employee’s application for unemployment benefits.
Section 6. DISPUTES:
a.) Grievance shall be defined as a claimed violation of a specific provision of this
Agreement.
b.) Grievances shall be submitted in writing within fourteen (14) calendar days after
the Union knew or should have known of the violation to Senior Vice-President
of Human Resources.
c.) Within seven (7) calendar days of submission of the written grievance, a meeting
shall be held between the Senior Vice-President of Human Resources, or his
designee, and the Union representative(s).
d.) If the grievance remains unresolved, the Union may demand arbitration within
fourteen (14) calendar days of submission of the grievance. A written demand for
arbitration shall be submitted to the Senior Vice-President of Human Resources
and a notice shall be simultaneously sent to FMCS requesting a panel of
arbitrators.
e.) Upon notice of receipt of a panel of arbitrators from FMCS, the parties shall
select an arbitrator within seven (7) days therefrom by coin flip-alternate strike.
f.) A hearing will be held within thirty (30) days of arbitrator selection (unless the
parties mutually agree to an extension).
g.) No individual employee may institute an arbitration proceeding.
h.) The award of an arbitrator shall be final and binding on the Union, its members,
the employee or employees involved and the Employer.
i.) The arbitrator’s fee and expenses, if any, shall be shared equally by both parties.
j.) Not more than a single grievance arising under this Agreement may be arbitrated
in a single proceeding before an arbitrator unless by mutual agreement in writing
signed by the parties.
246
k.) Failure to timely submit the grievance or appeal to arbitration shall render the
grievances as withdrawn.
l.) The arbitrator shall have no authority to alter, amend, or change in any way the
terms and conditions of this Article and shall confine his or her decision to a
determination of the facts and interpretation, administration of, and compliance
with the terms of this Article.
THE FOLLOWING PROCEDURES REFLECT CLARIFICATIONS OF THE
LANGUAGE OR AMPLIFICATIONS TO THE LANGUAGE INCLUDED IN THE
ABOVE CAPTIONED CONTRACT ARTICLE.
Section 7. Categories of Employment. In a blending situation, there is no intention to
open up a major selection process. Therefore, employees will be placed within their
current employment status (full-time, part-time, [benefited employees] part-time
or per diem) by most senior, using status first (i.e. a part-time person takes a part-time
opening as close to their status as possible) then shift so if the employee was a .5 on third
shift they move, to a .5 on third shift in the post consolidation staffing plan. An employee
may go up or down in the same status i.e. a part-time employee at .5 could go up to a .6,
.7 etc. or down to a .4, .3, etc. but in no event could a part-time employee take a full-time
position. Employees options related to category of employment will be offered as follows:
a.) Full-time employee, same shift available:
1.) full-time employee must take full-time position same shift on same
unit, if available;
2.) full-time employee must take full-time position same shift on
different unit, if same unit not available; or
3.) full-time employee may take full-time position on same shift on
choice of units, if available if relocating.
b.) Full-time employee, shift not available may take:
1.) full-time on another shift;
2.) part-time on same shift;
3.) part-time on another shift; or
4.) may choose a different unit if available to protect shift or full-time
hours.
c.) Full-time employee, full-time position not available may take:
1.) part-time position on same shift; or
2.) part-time position on another shift.
d.) Part-time employee must take part-time position same shift and same FTE
(e.g. .6) if available:
1.) part-time employee must take closest available FTE on same shift
when exact FTE is not available, (i.e. if employee is .8 now and a
247
.7 and a .5 are available, the employee must take the .7 position);
2.) part-time employee must take closest FTE on same unit if
employee from "home" site closest FTE on available units if
relocating; or
3.) part-time employee may take part-time position on any shift if
same shift is not available.
e.) 12 hour shift employees moving to 8 hour shifts:
1.) AM - PM shift will be considered a day shift employee;
2.) PM - AM shift will be considered a night shift employee;
3.) follow principles above regarding full-time and part-time
selections; nights must take nights and days must take days. If
shift is not available, may take either of remaining 2 shifts.
f.) 7.5 or 8 hour shift employees moving to 12 hour shifts:
1.) Day (7 - 3) = 7 AM to 7 PM or similar hours;
2.) Evening (3-11)= 10 AM to 11 PM if available, if not may
choose day or night;
3.) Night (11 - 7) = 7 PM to 7 AM or similar hours.
g.) Per Diem employees may fill Per Diem positions, they may not take a
benefited position regardless of seniority.
Section 8. Severance Calculation:
a.) If a laid off employee is eligible to be included on the blended seniority
list at the time of a Kaleida Health Action, the employee is entitled to
severance as outlined in the Article.
b.) Per Diem employees who are entitled to severance will have their payment
based on the average number of hours worked over the previous twelve
(12) months.
Section 9. Wage and Benefit: When an employee elects relocation due to a Kaleida
Action, wage and benefit information is recorded for completion of the appropriate
transfer documents.
a ) Wage: Place at same hourly rate or rate consistent with new site - but not
less than current rate. If placed at current hourly rate, red circle until rate
is consistent with rates at new site.
b.) Health and Dental Insurance: Record current plan and cost as well as
dates for change to new plans.
c ) Paid Time Off Intent: Employees should not lose any time earned nor
should they be credited with time already used. Consideration must be
248
given to the amount of time that can reasonably be scheduled in a calendar
year - when calculating the carryover.
1.) For BGH employees (and others in non-PTO type plans) record all
unused time for the current year and transfer as PTO at new site.
2.) For BGH employees (and others in non-PTO type plans)
transferring to another site maximum of 2 weeks of accrued
vacation hours may be carried over for scheduling in the following
calendar year. The hours in excess of 2 weeks will be paid at the
time of transfer and any time which could not be scheduled by the
end of the next calendar year will be paid at the end of that year
(first pay period in new year).
3.) For employees transferring from a PTO plan to traditional type
plan (BGH) convert PTO to holiday and sick time. Sick time will
be calculated based on the amount of unscheduled time used prior
to transfer and the amount allowed under BGH contract/policy.
4.) For PTO to PTO transfer hours.
d.) Long Term Sick (for DBL) supplement: Transfer all hours.
All other benefits will be in accordance with the contract/rules of the Master Agreement and
the respective bargaining unit agreement which will cover the employee at the new site.
Section 10. Process for Employee Selection in a Consolidation: The Employer and
the Union have agreed to the following process when meeting with employees, affected by a
Kaleida Action, for the purpose of offering the employees their options.
a.) Assign one contact from Employer, each respective Union for the specific
Kaleida Action.
b.) Sit down face to face if possible, telephone calls if necessary to each
person in seniority order.
c.) Have an Employee Option Form (worksheet) available for the purpose of
recording:
1.) opportunities;
2.) vacancies, and
3.) bumping options at the site and where the bump will be.
d.) Have available for reference:
1.) seniority list;
2.) wage/benefit scale at the new site; and
3.) general work rules/contract language for the new site.
e.) If the parties cannot reach the affected employee by telephone, the process must
stop. The affected individual must be contacted before moving on.
249
f.) Meetings and telephone calls occur every other day giving an individual a
day to make a decision and think about options. No more than 48 hours
from time of notice will be given for an employee to make his/her
decision. If employee fails to make a decision within 48 hours, they
immediately move to layoff and the process continues with the next
person.
g.) Communication goes out instructing employees who will be on
vacation/benefit time, etc. to call in and leave telephone number where
he/she can be reached.
h.) Deal with vacancies as they come up in process. After process has been
completed, use as recall for laid off employees in order of seniority.
i.) Once the above steps a.) - g.) have been completed, the Employee Option
Form must be signed by the Employer and the employee, confirming the
decision of the employee and will become part of the employee's
personnel file.
Section 11. Recall From Lay-off:
a.) Recall to OB: BGH employees who chose to exercise their rights to stay
at BGH do not have recall or displacement rights to OB at WCHOB.
Their names will be retained on the original list of all affected employees
for at least two years, for future reference.
b.) If an employee is on layoff or is subject to layoff as the result of a Kaleida
Action, and that employee becomes the successful bidder for a posted
Kaleida Health position, the employee shall retain all the recall rights
of this Article. It is further understood that in such cases the site employer may
retain the employee for up to six (6) weeks after recall. All remaining issues are
outlined in the matrix entitled Impact on Employees Wages and Benefits
following voluntary Transfer between Kaleida Health sites.
c.) If an employee is laid-off as the result of a "Kaleida Action", the
employees' rights will be outlined as per this Article. If an employee is affected by
a "Kaleida Action" and is then laid-off some months [two (2) or three (3)] in the
future, as the result of a "non-Kaleida Action" the employee will be covered by the
bargaining unit agreement or policies at the site. The only exception will be if the
lay off came as the result of a bad assumption made in the plan when it was
presented to the Oversight committee. In that case, the employee would be treated
under this Article.
250
Article 56
Selling and Closure of Business by Kaleida Health
Section 1. Prior to the Employer closing, selling a business or discontinue a service line, the
Employer shall, as soon as practicable, but in no event less than ninety (90) days prior to the
scheduled action, provide the Union with notice and information regarding the Employer's plans.
Such information shall include the following:
a.) An explanation of the proposed Employer Action and when it is proposed to take
place;
b.) Identification of the jobs/positions and sites to be affected;
c.) If a closure or selling of business does not occur with ninety (90) days of the
implementation date presented to the oversight committee, the employer shall
apprise the union of the status of the transaction.
Section 2. NOTICE TO THE UNIONS:
a.) Oversight Committee: The information to be furnished in Section 1 of this Article
shall be presented in the Oversight Committee.
b.) In addition to the standing members of the Oversight Committee, union
representatives in a mutually agreed upon number, from an area affected by a
closure, selling of a business or service line will be permitted to participate in
oversight meetings that deal with said action.
c.) The members of the Committee will have responsibilities which shall include, but
will not be limited to the duty to:
(1.) Review Employer plans/information relative to any proposed closure,
selling of business or service line;
(2.) Meet and confer in good faith regarding the Employer's proposed plan and
explore possible alternatives where appropriate;
(3.) Review and assess the job titles affected by the Employer’s proposed plan.
Section 3. Disputes
a.) Any disputes regarding interpretation of this Article shall be resolved pursuant to
the provisions of Article 7, Grievance Procedure.
Section 4. The Employer will not sell or close any portion of their business nor will they
discontinue a service line if such action will result in the loss of bargaining unit positions without
providing written notice to the unions as details in this article. The parties further agree that the
251
union(s) shall have the right to effects bargaining following the issuance of such notice.
Section 5. The Employer agrees that they will not sell HighPointe on Michigan without
providing written notice to the unions as details in this article. The parties further agree that the
union(s) shall have the right to effects bargaining following the issuance of such notice.
Article 57
Personnel Files
Section 1. Employees who have completed their probationary period shall have access to
their own personnel file during reasonable working hours, provided they have their supervisor's
permission to leave the work place, and may be accompanied by a Union representative during
an inspection of their file. Requests for such inspection shall be made to the Director of Human
Resources or designee and shall be reasonable as to frequency. All documents placed in the
employee's file shall be initialed and dated by the employee at the time of examination.
Employees may request copies of documents from their personnel file.
Section 2. Such initialing shall not constitute agreement with its content. The employee
shall have the right to respond in writing to any document in the file. Such response shall
become part of the employee's personnel file.
Article 58
Job Descriptions
Section 1. All job descriptions and the accompanying qualifications, for all job titles covered
by this Agreement, will be available on Kaleidascope.
Section 2. All job descriptions and the accompanying qualifications, which are
currently in place shall remain in effect unless the steps outlined in Section 3 below are
implemented.
Section 3. Should it become necessary to change existing job descriptions, create new job
descriptions or change existing job qualifications, the Employer will produce a suggested change
in writing, thirty (30) days prior to the proposed implementation and present it to the Union at
the Oversight Committee. The Union will be provided the opportunity to meet and discuss the
proposed changes.
Section 4. If the Union believes that the qualifications for a current job have been modified
to favor a particular employee or a particular group of employees; or to prohibit an employee or
a particular group of employees from successfully bidding on a position or if the Union does not
agree with the rate of pay as proposed by the Employer, the Union may file a grievance at Step 2
of the Grievance Procedure Article of this Agreement provided it does so within twenty (20)
calendar days from the date on which the new job qualifications and the new rate of pay are
implemented.
252
Section 5. It is agreed to and understood by the parties that job qualifications are not to be
either created or changed for the purpose of excluding or favoring any individual or group of
individuals.
Article 59
Scrub Apparel
Section 1. The Employer will provide scrub apparel for the employees working in the
following units/departments:
a.) Operating Room (including Sterile Processing);
b.) Post Anesthesia Care Unit (including Surgical Care Unit)*;
c.) Cardiac Catheterization Lab;
d.) GI Unit**;
e.) Urology Procedure Unit;
f.) Interventional Radiology/Special Procedures Suites;
g.) Labor and Delivery;
h.) Anatomic Grossing Room; and
i.) Sterile IV Preparation Area in Pharmacy
j.) Millard Fillmore Suburban Neonatal Intensive Care Unit
* Post Anesthesia Care Units at BGMC, DMH, and WCHOB currently have scrubs provided on
a voluntary basis and the practice will continue.
** GI Units at BGMC, DMH and WCHOB currently have scrubs provided on a voluntary basis
and the practice will continue.
The WCHOB Neonatal Intensive Care Unit will have scrubs provided to an employee who is
assigned to attend a delivery.
Section 2. If an employee no longer works in one of the above mentioned units/departments,
they will receive a notice that within 30 days they must provide their own uniforms going
forward (i.e. Rad Techs no longer assigned to the OR).
Section 3. Employer provided scrub apparel will not be worn outside of the Hospital unless
approved by a manager. Employees will change into scrub apparel at the beginning of the shift
and out of the apparel at the end of the shift.
253
Article 60
Uniforms
Section 1. The Employer or the Sub-Contractor will continue the current practices with
respect to wash-up time as well as the provision of uniforms, smocks, and inclement weather
gear.
Section 2. In accordance with current practice, distribution of the uniforms referred to in
Section 1. above for employees currently receiving uniforms will be completed each year on the
employee’s anniversary date. For the year 2013 employees will receive uniforms on their
anniversary date or within nine (9) months of the anniversary date.
Section 3. In accordance with current practice for employees receiving uniforms, all full
time employees currently receiving pants and shirts will receive five (5) pants and five (5) shirts.
All part time employees will receive three (3) pants and three (3) shirts.
Section 4. In accordance with current practice for employees receiving uniforms, for the
IUOE bargaining unit, the Employer shall provide and pay for up to ten (10) uniforms for full-
time employees and up to five (5) uniforms for part-time employees. Employees required to
wear 70E flame retardant uniforms shall be provided such uniforms. The uniforms will be
maintained by the vendor and should only be worn at work.
Article 61
Lounge and Locker Facilities
The Employer will provide adequate dining facilities, locker space, lounge areas, and restroom
facilities to meet employee needs as space permits and consistent with employee job duties.
Article 62
Progressive Discipline and Remediation
Section 1. The Employer commits to a policy of progressive discipline. Progressive
disciplinary measures will include the following:
a.) verbal warning;
b.) written warning;
c.) suspension (not to exceed three [3] days);
d.) termination.
It is understood, however, that nothing in this Article shall prohibit the Employer from advancing
the level of discipline in proportion to the seriousness of the offense. A copy of the disciplinary
action shall be given to the employee and the Union.
254
Discipline for alleged HIPAA infractions shall not be limited by the provisions of Section 1. c
above and the employer shall not be prohibited from advancing the level of discipline in
proportion to the seriousness of the offense.
Section 2. Counseling shall not be considered as discipline and should precede any formal
disciplinary action.
Section 3. An employee that receives a suspension will not have that period of suspension
count as unscheduled paid time off under the time and attendance provisions of this Agreement.
An employee that receives a suspension pending investigation of an incident, will receive his/her
pay for all scheduled working days where they were suspended from work if not returned after
the first three (3) scheduled working days (including extra shifts scheduled prior to the issuance
of the suspension), providing the employee is not discharged.
Section 4. No disciplinary action will be taken without just cause. The Employer will notify
the Union, in writing, of a suspension or discharge within seventy-two (72) hours or as soon as
reasonably possible, stating the reason for the discipline.
Section 5. Progressive Remediation:
a.) The Employer shall identify certain corrective actions which are needed to assist
and support an employee when a problem occurs in the course of performing
his/her job and will provide the employee with a written plan of correction at the
written warning step or suspension step if the suspension step is where the
discipline process begins.
b.) When the employee has demonstrated consistent improvement in performance as
a result of the remedial program, the employee will be removed from the
progressive discipline schedule as described below. Further, the documentation
of the need for discipline will not be used as a basis for further progressive
discipline pursuant to the following schedule. It is agreed that documentation of
corrective disciplinary measures shall not remain in the employee’s personnel file
for a period longer than the following providing the behavior in question does not
recur:
i.) Verbal warning: six (6) months from the date discipline imposed;
ii.) Written warning: twelve (12) months from the date discipline imposed;
iii.) Suspension: eighteen (18) months from the date discipline imposed.
The time periods referred to above shall refer to actual time worked.
c.) The Union and the Employer agree that the written plan of correction shall not be
required when there are non job performance problems.
255
d.) It is further agreed that this Article does not preclude the Employer from the
initiation of disciplinary action for serious performance problems at a higher step
despite the absence of a written plan of correction.
Section 6. It is agreed to and understood by the parties that employees must be notified of a
disciplinary action in writing within thirty (30) calendar days (excluding periods the employee is
in inactive status) of its occurrence or its discovery. If the Employer does not notify the
employee within the thirty (30) calendar day time frame (excluding periods the employee is in
inactive status), the employee will not be disciplined.
Section 7. If the Employer uses surveillance camera video as evidence to support employee
discipline, a copy of the video will be provided to the Union prior to any discipline being
administered.
Article 63
Time and Attendance
Section 1. All employees are required to notify their department two (2) hours in advance of
their scheduled shift if they are not going to report to work or if they know they will be reporting
late.
Section 2. The following procedure will apply to employees who are absent from work. In
applying the penalties set forth below, it is understood that every employee is allowed six (6)
unscheduled absences per calendar year (January 1 through December 31) without penalty,
unless the employee has already received a verbal warning for violation of this policy. Any use
of these six (6) days per calendar year, shall not be counted as an absence for the purpose of
moving to any level of discipline below:
a.) After six (6) days of absence in any calendar year, his or her supervisor will
counsel an employee. No record of this counseling will be placed in the
employee’s personnel file, but may be maintained in the supervisor’s anecdotal
file. (The counseling will be applied after day six [6] and before day seven [7].)
b.) After seven (7) days of absence in any calendar year, an employee will receive a
verbal warning. A copy of said verbal warning will be placed in the employee’s
personnel file and remain there for a twelve (12) month period, from the date of
the last absence. If there are no additional unscheduled absences in this twelve
(12) month period, the employee will be allowed to utilize a pro-rated number of
unscheduled absences for the remainder of that calendar year without penalty.
(The verbal warning will be given after day seven [7] and before day eight [8].)
c.) If an employee is absent for an eighth (8) day within any calendar year, he or she
shall receive a written warning for excessive absenteeism. A copy of said
warning will be placed in the employee’s personnel file and remain there for a
twelve (12) month period, from the date of the last absence. If there are no
256
additional unscheduled absences in this twelve (12) month period, the employee
will be allowed to utilize a pro-rated number of unscheduled absences for the
remainder of that calendar year without penalty.
d.) Once an employee has received a written warning as set forth in paragraph “c”
above, the next day of absence in the twelve (12) month period, from the date of
the last absence, will result in a one (1) day suspension without pay. The day of
the call in will be considered the day of suspension if no PTO hours have been
paid. If there are no additional unscheduled absences in this twelve (12) month
period, the employee will be allowed to utilize a pro-rated number of unscheduled
absences for the remainder of that year without penalty.
e.) Any employee who has received a suspension without pay pursuant to paragraph
d.) above and is absent one (1) day more in the next twelve (12) month period will
be suspended pending administrative review of the employees complete
attendance record. If after the administrative review has been completed, the
Employer determines termination is warranted, the employee will be terminated.
f.) It is further understood that none of the aforementioned steps may be skipped and
the failure of a supervisor to take action as set forth will advance the days, which
trigger any particular level of action.
g.) Finally, an employee will be offered union representation (if applicable) at each
step of the procedure outlined above.
Section 3. The following absences shall not be counted as occurrences of absence in
applying discipline under this Article:
a.) pre-approved paid time off;
b.) approved leave of absence;
c.) excused absence with pay for bereavement, jury duty, military service and time
off for union business;
d.) other excused absence approved in advance by departmental managers;
e.) absence caused by a certified work related illness or injury as defined by the NYS
Workers’ Compensation Law and Board;
f.) absence for an illness or injury which qualifies for, and for which an employee
receives New York State Disability benefits (including statutory waiting period of
seven (7) calendar days for receipt of disability benefits);
g.) absences covered by the Family Medical Leave Act;
257
h.) any day for which ESB utilization is allowed;
i.) for absences as follows:
1.) employee is confined as an inpatient in a hospital;
2.) employee has outpatient surgery under anesthesia in hospital surgical
suite, free standing surgical center, or in a physician or dental office
(excluding routine tooth extractions or dental work); employee may be
required to submit documentation in support of this exception.
3.) suffers an injury which requires treatment by a physician with a written
statement verifying the injury and circumstances;
4.) Is banned or absent from working as a result of infection control such as,
but not limited to instances which have been contracted at work such as
pink eye, scabies, chicken pox, etc.
Section 4. Employees who do not report to work and who do not call in to their immediate
supervisor to report the absence will be disciplined in accordance with Article 62, Progressive
Discipline and Remediation.
Section 5. An employee will be considered tardy when he or she arrives for work after the
employee’s regularly scheduled starting time. The following procedure will be utilized in cases
of employee tardiness.
a.) an employee who is tardy for a period of five (5) minutes or less will not have that
instance of tardiness held against them for the purpose of moving to any level of
discipline procedure outlined below. Employees will not lose pay for a tardiness
of seven (7) minutes or less;
b.) an employee who is tardy more than five (5) times in a three (3) month period will
receive a counseling. No record of this counseling will be placed in the
employee’s personnel file, but may be maintained in the supervisor’s anecdotal
file;
c.) a second counseling will occur if an employee is tardy an additional two (2) times
in the next sixty (60) calendar days;
d.) one (1) additional tardiness in the next sixty (60) days for any employee will
result in a written warning being placed in the employee’s personnel file;
e.) an employee who is tardy again in the next sixty (60) days will be suspended for
two (2) days without pay;
f.) another instance of tardiness in the ninety (90) days following the return of the
employee from his or her two (2) days suspension without pay will result in
termination;
258
g.) it is understood that an employee will be offered union representation (if
applicable) at each step of this procedure;
h.) finally, none of the steps set forth in this Section 5, paragraphs a.) through e.) may
be skipped.
i.) If an employee does not have another instance of tardiness during the time frames
set forth above they will go back to the immediate prior step for the purpose of
progressive discipline. (i.e.: Employee receives a written warning on July 1 and is
not tardy again until October 1, the employee moves back to step c.). In the event
the employee is tardy again during the sixty (60) days following the employee’s
return to step c.), the employee will receive a written warning consistent with step
d.). If this employee is not tardy again within sixty (60) days following the
employee’s return to step c.), the employee will return to step a.) of this section
and continue through the steps.
Any written record of discipline for tardiness placed in an employee’s personnel file will be
removed after the appropriate time frames as listed in steps c.) through f.) above providing there
has been no further action taken against the employee.
Article 64
Attendance Bonus
Section 1. For the purpose of this Article, perfect attendance will be defined as having zero
(0) hours of unscheduled time off and no discipline for tardiness as outlined in Article 63, Time
and Attendance in each eligibility period. Unscheduled time off for jury duty, bereavement
leave, military leave and union business will not count against reaching eligibility status. To be
eligible to receive a perfect attendance payment as defined above, the employee must have been
in an active status for the entire eligibility period.
Section 2. Evaluation of eligibility to receive a payment as defined in this Article will be
twice a year.
a.) The first (1
st
) eligibility period shall be January 1 through June 30;
b.) The second (2
nd
) eligibility period shall be July 1 through December 31.
Section 3. A full-time or flex employee who maintains a perfect attendance record during an
eligibility period shall receive two hundred fifty dollars ($250.00) payable in the third (3
rd
)
paycheck following the eligibility period.
Section 4. A part-time employee who maintains a perfect attendance record during an
eligibility period shall receive one hundred fifty dollars ($150.00) payable in the third (3
rd
)
paycheck following the eligibility period.
259
Section 5. If the employee is found to be eligible for the perfect attendance as defined above,
they will be paid the applicable amount based upon their status as of the last day of the last pay
period of the eligibility period.
Article 65
Resignations/Terminations
Section 1. An employee wishing to resign shall give the Employer two (2) weeks’ notice of
resignation. Resignation notices should be submitted in writing and specify the last day the
employee is to be at work.
Section 2. The employee who resigns employment with the Employer and complies with the
notice provisions of Section 1., or who is terminated by the Employer, will receive pay for all
accrued, unused paid time off in accordance with the Paid Time Off Article included in the
bargaining unit agreement.
Article 66
Bargaining Unit Work
Section 1. The Union recognizes that in the operation of the Employer’s facilities, certain
practices exist in the assignment of bargaining unit employees. The Union further recognizes
that overlapping duties exist, that is duties which are assigned across bargaining unit lines. That
practice shall continue to the same extent it has occurred in the past. Given the above
understanding, the parties agree that:
a.) non-bargaining unit personnel shall not perform work assigned to bargaining unit
employees;
b.) the Employer will not convert any bargaining unit job title to a non-bargaining
unit position where a current bargaining unit member is performing the work, a
bargaining unit member can be hired to perform the same job, or the job is one
that only a bargaining unit member has performed in the past.
Section 2. Exceptions to the language outlined in Section 1. above shall be cases of
emergencies, to cover absences occasioned by sickness or other leaves, to provide appropriate
supervision and instruction, to maintain clinical competencies, in a temporary transfer as per this
Agreement, or in meeting patient care requirements where undue delay would jeopardize a
patient’s life or compromise quality patient care.
260
Article 67
Contracting Out Work
Section 1. Contracting out of work that is normally and customarily performed by the
bargaining unit, shall be subject to the following:
a.) Contracting out work is defined as the use of another employer to perform the
work as described above;
b.) Employer will not contract out bargaining unit work if such contracting out will
cause, currently and directly, layoffs from employment with the Employer, part-
timing of present employees, or any reduction in regular hours of work; and
c.) Employer will not use independent contractors and/or agency employees, to
permanently fill vacant positions in the bargaining unit. While such persons are
in use the Employer will actively recruit to fill the position.
Section 2. In the event that the Employer wants to contract out work which is normally and
customarily performed by the bargaining unit, but which will not result in layoffs, part-timing, or
reduction of regular hours, Employer will:
a.) Notify the Union involved as soon as practicable;
b.) Provide information regarding the proposed plan, including its operational and
financial objectives; and
c.) Meet and confer with the Union to discuss alternatives. If the alternative meets
the stated operational and/or financial objectives of Employer's original proposal
it will be implemented. If it does not, the Union will receive 60 days’ notice prior
to the proposed implementation date of the original proposal.
d.) Should the provisions of (a) (b) and (c) as stated above not be met, the
Employers’ proposed plan shall not move forward until such provisions are met.
Article 68
Management Rights
Section 1. The Employer retains the sole right to manage its business and services and to
direct the working force, including the right to decide the number and location of its business and
service operations, the business and service operations to be conducted and rendered, the
method, process and means used in operating its business and service, and to control buildings,
real estate, materials, parts, tools, machinery, and all equipment which may be used in the
operations of its business or in supplying its services; to determine whether and to what extent
the work required in operating its business and supplying its services shall be performed by
employees covered by this Agreement; to maintain order and efficiency in all its departments and
261
operations, including the sole right to discipline, suspend, and discharge employees for just
cause; to hire, layoff, assign, transfer, promote, and determine the qualifications of the
employees; to determine the starting and quitting time and the number of hours to be worked; all
of the foregoing subject only to such regulations governing the exercise of these rights as are
expressly provided for in this Agreement.
Section 2. The foregoing rights are not all-inclusive, but indicate the types of matters or
rights which are inherent to the Employer. The Employer retains all rights, powers, and
authority enjoyed prior to entering this Agreement, except as expressly and specifically abridged,
delegated, granted, or modified by this Agreement.
Article 69
Employer Policies
Section 1. Due to the complexity of the Employer's operations, it is understood by the parties
that they have not covered every aspect of hours, wages and working conditions in this
Agreement which may have an effect on employees in the bargaining unit. The parties hereby
acknowledge that the Employer had policies in effect at the time of signing this Agreement.
Those policies, to the extent they are not inconsistent with specific provisions of this Agreement,
will continue to apply to bargaining unit employees unless and until changed, modified or
revoked in writing by the Employer.
Section 2. The Employer may issue new policies provided they are not inconsistent with the
specific provisions of this Agreement.
Section 3. Should it become necessary to change existing written Human Resources policies
or issue new Human Resources policies, the Employer will inform the Unions in writing and
provide a copy of both the current and the revised policy. If requested, the matter will be placed
on the Agenda of the next Oversight Committee for discussion prior to the posting of the new or
changed policies. Employer will make policies available to Union leaders thru Kaleidascope.
Section 4. After the Unions have had an opportunity to discuss the matter at the Oversight
Committee, the Employer will post and circulate the new or revised policies among the
employees in the affected bargaining unit(s) for a period of fourteen (14) calendar days prior to
implementation and will forward a copy to the Unions.
Article 70
No Strike – No Lockout
Section 1. There will be no concerted failure to report to work, cessation or interruption of
work, slowdown, strike, sympathy strike or lockout during the term of the Agreement.
Section 2. No officer or representative of the Union shall authorize, instigate, aid, or
condone any such activity, nor shall any employee participate in such activity. In the event any
262
employee or group of employees covered by this Agreement shall participate in any such
unauthorized strike, slowdown, work stoppage, or sympathy strike, the Union agrees that
immediately after being notified by the Employer, it will direct such employee or group of
employees to resume work and will take effective means to terminate such unauthorized conduct
including the issuance of a notice to the effect that such conduct is neither authorized nor
approved by the Union or its officers.
Article 71
Successorship
The Employer agrees not to sell its business or any portion of its business at any of the
Employers locations covered by this Agreement to a purchaser who would provide health care
services without expressly providing in the contract of sale that the purchaser shall be bound by
all of the contract rights of the employees under this collective bargaining agreement.
Article 72
Committees
Section 1. It is agreed to and understood that the Employer will recognize and include
representatives from each of the affected Unions on all appropriate existing and future advisory
work place committees excluding all Board and Medical Staff Committees.
Section 2. The affected Unions shall:
a.) be notified of the purpose and structure of any such new committee;
b.) be notified prior of the convening of any such new committee; and
c.) select representatives to any Committees in a proportionate number as jointly
determined with the employer.
d.) employees who are union representatives on such committees shall be excused
from work with pay and benefits to attend the committee meetings.
Section 3. It is agreed to and understood by the parties that the Employer will be required to
pay committee time to union representatives for attendance at the following committees:
Corporate Staffing, Job Security, Workforce Training and Retraining, Health and Safety, Parking
Committee, Oversight Committee, Employee Assistance Plan, Retirement Awareness and Health
Benefit Awareness committees. Attendance at any other committees must be deducted from
available time pursuant to Article 6, Union Representation.
263
Article 73
Health and Safety Committee
Section 1. The Employer will observe and comply with all local, state and federal health and
safety laws and regulations and will provide and maintain a safe and healthful workplace, free of
recognized hazards. Kaleida Health will maintain a Health and Safety program. The objective
of the program will be:
a.) to identify, assess and eliminate hazards to which employees are exposed;
b.) reduce injuries and illness;
c.) to systematically achieve compliance with all applicable health and safety
regulations; and
d.) to promote greater employee awareness of health and safety issues, inclusive of
group safety department or unit meetings conducted as deemed necessary.
Section 2. Kaleida Health will provide employees with opportunities for participation in
establishing, implementing and evaluating programs by:
a.) communicating regularly with employees about workplace safety and health
matters;
b.) providing employees with access to information relevant to the program;
c.) providing ways for employees to become involved in hazard identification and
assessment, prioritizing hazards, training and program evaluation;
d.) maintaining a process for employees to report job-related injuries, illnesses,
incidents and hazards promptly and to make recommendations about appropriate
ways to control those hazards;
e.) providing prompt responses to those reports and recommendations.
Section 3. Information and Training:
a.) Kaleida will provide employees with information and training in the safety and
health program;
b.) Kaleida will ensure that employees potentially exposed to a hazard are provided
with information and training in that hazard;
c.) Kaleida will update affected employees on what is being done to control these
hazards and what protective measures the employee must follow to prevent and
minimize exposure.
264
Section 4. The Employer will provide all necessary personal protective equipment at no cost
to employees. The Employer will require all employees to wear necessary personal protective
equipment.
Section 5. There shall be a joint Health and Safety Committee at each site as defined in
subsection d. below). Each Union shall designate one (1) health and safety representative for
each one hundred (100) represented members to a maximum of four (4) health and safety
representatives, but no less than one (1) health and safety representative per Union. The
Employer will designate representatives which they deem necessary. It is understood that a
Union representative will co-chair the joint meeting. The committee will meet monthly and as
deemed necessary.
a.) The parties agree to jointly train employees on the responsibilities of serving as a
health-safety representative.
b.) Members of the committee shall not suffer any loss of pay for attendance.
Committee members attending a committee meeting which is not scheduled in
their normal working time will be paid for their attendance. The Employer will
make every reasonable effort to provide coverage or scheduling so that members
may attend the meetings.
c.) Health and Safety union representatives and the Employer will investigate health
and safety issues, conduct safety inspections, and conduct or attend training
sessions, and shall be provided up to two (2) hours per month outside of their
health and safety committee meeting time for these purposes.
d.) Site Health and Safety Committees will include: Buffalo General Medical
Center, HighPointe Nursing Facility, Women and Children’s Hospital, Millard
Fillmore Suburban, DeGraff Memorial Hospital, and Center for Laboratory
Medicine. Other site committees may be formed as deemed necessary.
Section 6. There shall be a corporate Health and Safety Committee, which will deal with
system wide health and safety issues. Each Union will have two (2) representatives on the
Corporate Health Safety Committee. The Employer will designate the number of representatives
they deem necessary.
Section 7. Individuals will report recognized unsafe conditions to their immediate
supervisor, departmental safety officer or corporate safety officer and to the Union. The
Employer will then address the problem as soon as practicable. If these individuals do not
respond and correct the unsafe condition, it is understood that the unsafe working condition shall
be brought to the attention of the Site Committee. If the problem is not resolved there, it shall be
added to the agenda of the Corporate Safety Committee.
Section 8. CWA’s designated Health and Safety Director shall receive one thousand one
hundred and seventy (1,170) hours per year as an Employer paid excused absence for activities
related to this position. SEIU’s designated Health and Safety Director shall receive eight
265
hundred and thirty-two (832) hours per year as an Employer paid excused absence for activities
related to this position. The Health and Safety Directors shall participate in any site committee
and/or activities as deemed necessary.
Section 9. The Employer will establish and enforce policies and procedures for safe Laser
use. These will include the recommendations of regulating organizations. This shall also
include medical surveillance as per The ANSZ136.3-2014, Appendix F. Medical pre-exposure
screening will be evaluated using visual acuity and color vision testing exams. Any deviation
from acceptable visual performance will be referred to ophthalmology. Pre-exposure screening
and continuing surveillance is not deemed a requirement for safe laser usage. Any employee with
an actual or suspected laser-induced injury should be evaluated by a medical professional as soon
as possible. It is understood that upon completion of a laser assignment employees may request
an eye exam.
Section 10. It is the Employer’s and the Union’s objective to establish and maintain an
effective ergonomics program in order to help control occupationally related cumulative trauma
and/or musculoskeletal disorders. This shall be accomplished by establishing ergonomic sub-
committees of the Joint Health and Safety Committee to review employee injuries and illnesses,
to identify potential ergonomic problems in order to recommend improvements in the physical
work environmental, work practices or work design. These improvements shall be documented
as they are implemented. The committee will assess and recommend any training necessary for
the committee to achieve its goal. The committee membership shall include the necessary
members and management from appropriate departments such as physical therapy, employee
health, purchasing, risk management or those persons deemed necessary to accomplish its goal
of reducing workplace injuries.
Section 11. There will be union representation on any other departmental or unit specific
Health and Safety Committee.
Section 12. In addition to the Laser Safety and Ergonomic sub-committees, the Employer
agrees to form a multi-disciplinary sub-committee to address Workplace Violence. The
Employer and the Union agree that health care workers are at a greater risk to experience threats,
physical assaults or muggings, than other workers. In an effort to minimize that risk and increase
the well-being of employees the sub-committee will investigate and report on:
a.) employees who are most at risk of violence;
b.) where in the hospital violence is most likely to occur;
c.) risks specific to those employees who provide home care services;
d.) the effects of violence on workers;
e.) the risk factors for violence;
f.) prevention strategies;
g.) the consequences of violence; and
h.) Kaleida Health’s existing programs and policies.
Section 13. The Employer and the Union recognize the importance of providing quality
service to homebound clients whose environment or support system may pose a risk to the safety
266
of the employees. In the event that an employee, who is required to provide services in a
patient’s home, shall have a reasonable basis to believe that his/her safety is in jeopardy, the
employee shall immediately bring this matter to the attention of the immediate supervisor. The
supervisor will conduct a review of the circumstances. If escort service is deemed necessary by
the Employer the employee will not be required to make the patient delivery until escort service
is provided. A request for escort service will not be denied before the supervisor and employee
make a joint site visit.
Article 74
Job Security/Committee
The Unions and the Employer recognize the significant pressures affecting the health care
delivery system and the need for a joint approach in providing long term stability for both the
system and the employees. High quality health care provided in an efficient and orderly manner,
as well as the preservation of jobs will be major objectives. Based on the above, the parties
agree to the following:
Section 1. Committees will be formed at each site, hereafter referred to as the “Committee,”
inclusive of one (1) to three (3) Union representatives from the bargaining unit and an equivalent
number of Employer representatives. It is agreed that the Employer will provide to the unions an
agenda for the committee meeting at least one (1) week prior to the meeting.
Section 2. The Employer shall inform the Union of its intent of layoff bargaining unit
members as soon as possible, but in no event less than twenty (20) calendar days prior to the date
of the layoffs’ implementation. In the event of any layoffs, the committee shall be convened for
the following purposes:
a.) to review the proposed layoffs;
b.) to review the department/cost center budget in existence at the time of the layoff;
c.) to review the work performed by laid off employees and the proposed
reassignment of work; and
d.) to review schedules for appropriate use of per diem and part-time resources.
The Union may present opportunities for cost savings to affect the layoff. Such opportunities
shall be reviewed by the Employer and responded to prior to the effective date of layoff.
Section 3. The committee will also be convened to review any decrease in the length of an
established shift. The committee will monitor job redesign which will be defined to include the
combination of existing jobs, the creation of new jobs, new job titles, or job restructuring. In
addition, the committee will be informed of any decisions to affect a vacant position.
267
Article 75
Parking Committee
Section 1. A parking committee shall be formed at each site for the purpose of identifying
available parking in the surrounding area as well as investigating other alternatives for providing
parking opportunities for employees.
Section 2. Each Union shall have up to three (3) representatives on the Parking Committee
and the Employer shall have an equal number of representatives. The committee shall meet
quarterly, or more frequently if needed, at a mutually agreed upon time and place.
Article 76
Staffing and Productivity Committees
Section 1.
A. Quality and safe patient care and a healthy work environment for all employees
are the mutual goals of the Employer and the Union. To that end, the parties
agree to work together to achieve the goals of this Article by forming a System
Staffing and Productivity Committee (“SSPC”) and subcommittees of the SSPC at
each of the Employer’s sites.
B. Membership on the System Staffing and Productivity Committee shall include the
Employer’s Chief Operating Officer, the Chief Nursing Executive of Kaleida
Health and the Chief Nursing Officer of each of the Employer’s sites. A
representative of the Employer’s Finance, Corporate Human Resource
Departments and Director of Operations shall also sit on the SSPC. The Union
shall have an equal number of representatives.
C. Membership on the site subcommittees shall consist of the Chief Nursing Officer
or designee at such site, three (3) nursing department managers, three (3) non-
nursing department managers and the site Human Resource Department
representative. The Union shall have an equal number of representatives.
Section 2. The staffing plans for nursing and non-nursing units/departments cost centers will
be developed with consideration given to the applicable criteria below:
a.) census;
b.) volume inclusive of admissions, discharges, transfers, add-ons and scheduling
backlogs;
c.) patient acuity inclusive of patient needs for the specific unit/department/cost
center;
d.) patient conditions, inclusive of age, communication skills, functional ability,
cultural diversities and linguistic diversities;
268
e.) patient safety, inclusive of coordination of care, ability to provide continuity of
care, patient education and proper discharge education;
f.) workload/productivity indices;
g.) competency and expertise of the staff;
h.) case mix indices;
i.) facility characteristics (geography of department/unit, square footage, etc.);
j.) standard approach to record keeping and information;
k.) staff mix;
l.) available support systems;
m.) patient satisfaction;
n.) patient care delivery models;
o.) internal and external benchmarks/standards;
p.) available financial resources;
q.) regulatory requirements and mandates;
r.) quality metrics;
s.) diagnostic related groupings.
Section 3. Staffing grids or fixed staffing schedules will be initially developed within six (6)
months of the effective date of this Agreement and shall be reviewed at least on an every six (6)
month basis by the SSPC. The SSPC shall also receive, on an ongoing basis, reports from the
site subcommittees regarding the effectiveness of the grids for each of the Employer’s hospital
sites on a unit/department/cost center basis and shall make changes in the staffing grids as
appropriate. Such review of the effectiveness of the staffing grids shall use, among other criteria,
the following:
a.) patient satisfaction;
b.) employee satisfaction;
c.) quality metrics;
d.) productivity metrics; and
e.) fiscal and budget measures.
Section 4. The SSPC site sub-committee shall consist of up to six (6) union representatives
from all the bargaining units covered under this master Agreement and an equal number of
Employer representatives. The committee will meet on a monthly or on an as needed basis.
Additional representatives may be invited as the agenda dictates. The SSPC site sub-committee
will:
a.) identify staffing issues;
b.) assess current staffing needs;
c.) develop criteria for the determination of current and projected staffing needs
which can be identified;
d.) review staffing grievances and staffing committee forms;
e.) review restricted duty assignments; and
f.) recruitment and retention strategies.
269
Section 5. The SSPC shall meet, on a System level, once every calendar quarter and the
Employer’s Chief Nursing Executive shall be responsible for preparing the agenda for such
meetings and shall distribute such agenda, in a written format, at least one (1) week prior to each
meeting. Union representatives may submit agenda items to the Employer’s Chief Nursing
Executive for review and inclusion on the agenda. The SSPC will:
a.) address staffing concerns that cannot be resolved at the site committee;
b.) monitor the work of any site staffing committee;
c.) make recommendations concerning the utilization of consultants; and
d.) make proposals regarding the issues or criteria which arise under a.) and b.)
above.
On a yearly basis, the Chief Financial Officer will meet with the SSPC to review the sections of
the following years Kaleida Health budget, especially, those budget issues that will impact
staffing and members covered by this Agreement.
Section 6. In order to improve both patient and employee satisfaction the following staffing
related factors will also be reviewed and initiatives developed by the Site Staffing Committee:
a.) the number of work related illness and injury, disability or leaves of absence;
b.) the number of sick calls, tardiness;
c.) turnover and vacancy rates;
d.) use of per diem employees;
e.) use of part-time employees;
f.) use of agency staff;
g.) hours of work, workloads and shift assignments, on call utilization;
h.) staffing levels and its impact on patient care;
i.) amount of overtime utilized to cover staffing shortages and its impact on patient
care;
j.) number of floats and flexible employees vs. regular personnel; and
k.) excessive shift rotation, floating and flexing.
Each unit/department/cost center will post the shift to shift staffing ratios, grids or fixed staffing
schedules in a mutually agreed to location.
Section 7. Any employee questioning the staffing levels on his/her unit/department/cost
center, shall initially verbally consult the employee’s supervisor or department manager to
attempt to address the issue in question. If the employee believes his/her concern is still
unresolved, he/she may indicate such concern on a staffing committee form and forward a copy
of same to the employee’s manager/supervisor, the Chair of the site subcommittee and the Union
representatives on such subcommittee. The respective manager or other appropriate
management representative will provide the employee a written response with seventy-two (72)
hours or as soon as practical to any unresolved staffing concern. If the Union Representative for
the subcommittee desires to have a review of such forms undertaken by the subcommittee, they
should prepare a summary of the same and present such summary at the next subcommittee
meeting.
270
Section 8. If over a four (4) month period a shortfall in budgeted staffing exists and results in
hours paid over budget for a job title, and the shortfall is not a result of vacancies or unusual
circumstances, the Employer shall, as soon as practical, increase the number of positions (FTE)
in that title by an appropriate amount to offset said hours.
Section 9. Any disagreements between the parties regarding the interpretation or
implementation of the Article shall be subject to the grievance and arbitration procedure.
However, it is agreed that should a grievance proceed to arbitration the arbitrator’s ruling shall
be limited to the limitations of interpretation and implementation only and the arbitrator cannot
be empowered to mandate the Employer to increase or modify staffing levels. A disagreement
between the parties regarding staffing plan development, criteria to monitor staffing plans and
solutions to any identified issues of deviation from plans that cannot be resolved mutually by the
parties shall be subject to mediation before a mutually agreed upon mediator.
Article 77
Workforce Training and Retraining/Committee
Section 1. The Union(s) and the Employer shall establish a corporate Workforce Training &
Retraining Committee(s). Committees will be comprised of an equal number of Employer and
Union representatives, with up to three (3) members from each Union. The committee will meet
monthly, and/or on an as needed basis, at a mutually agreed to time and place. The Unions shall
select their respective representatives and union representatives on the committee shall receive
time from work and pay to attend the committee meetings.
Section 2. The purpose of this committee will be as follows:
a.) to remain current on health care employment trends;
b.) to identify the job titles and job descriptions which are anticipated to be the
foundation of the health care work force in the years ahead;
c.) to identify the job titles and employees most at risk for job loss;
d.) establish a comprehensive listing of available health care related training and
educational programs, inclusive of entrance criteria;
e.) to determine the resources necessary to train current employees to work in future
health care related jobs;
f.) to seek funding from Federal and/or State Agencies (including the Department of
Health) for the purpose of training or retraining employees. These funds will
assist the employee in meeting the educational qualifications necessary to enhance
their job skills or fill another job title.
It is agreed to and understood by the parties, that the recommendations regarding a.) – f.) will be
determined by a majority vote of the committee and then submitted to the appropriate Employer
representative for approval. The committee will not vote on program recommendations unless
notification of the vote is provided to the committee prior to the meeting. Such decision will be
promptly forwarded to the Oversight Committee for review.
271
Section 3. The committee shall work with institutions of higher education to provide
opportunities for clinical preceptorships in a Kaleida clinical setting for programs that would
facilitate movement from school to the Employer.
Section 4. The work of the committee will be communicated to employees throughout the
system using the most effective means as determined by the committee (e.g., tables, brochures,
updates).
Article 78
Access to Technology
Section 1. During the life of this Agreement, the Employer will take steps towards meeting
their objective of providing employees access to all Kaleida electronic services that provide
information regarding their employment including websites, intranets, and internets. The
information will include Kaleida Health policies, procedures, job postings, and newsletters.
Section 2. The Employer shall continue to develop programs for the proper training in
computer usage and orientation to the Kaleida Access Request Security Policy, Internet Access
Policy and Procedure and E-mail Policy and Procedure.
Article 79
Savings Clause
In the event a court of competent jurisdiction finds that a Federal or State law, rule, or regulation,
or Executive order conflicts with the provisions of this Agreement, the provision or provisions so
affected shall no longer be operative or binding upon the parties, but the remaining portion of the
Agreement shall continue in full force and effect and the parties will meet to negotiate regarding
that portion of the Agreement which has been held invalid.
Article 80
School Health Services Employees
Section 1. A school health services employee is one who is hired to work in one of the
following programs:
a.) School-based health clinics at both elementary and high schools in the Buffalo
Public School (BPS, hereafter) District and Charter Schools.
b.) School Nurse Program throughout the BPS district and designated non-public
schools (District Nurse Program).
c.) Any future school-related programs supported by outside source funding.
272
Section 2. During periods when the school children are not in school, Full-time, Full Time
Flex and Part-time School health services employees will be allowed to continue to participate in
the Kaleida Health and dental insurance program and the employer will continue to contribute
the employer portion of the premium.
Section 3. School Health Services employees assigned to float positions will get their daily
assignments by 6:30 AM. Float Ambulatory Care Nurse positions within the School nurse
Program will be posted designating the position as being able to be reassigned to multiple sites as
needed within the BPS District as defined in Section 1, b.) of this Article. These positions would
be eligible to receive the Float Pool differential as identified in the Master Agreement, Appendix
D, Registered Nurse Salaries. The two current Ambulatory Care Nurses will be grandfathered
into these Float Ambulatory Care Nurse positions as defined in the “Letter of Agreement.”
School health services employees shall receive travel expenses in accordance with Article 48
Travel.
Section 4. PTO Usage: all employees classified as School Health services employees must
allocate PTO or negative PTO for Kaleida Health Holidays (Thanksgiving Day, Christmas Day,
New Year’s Day, Memorial Day) and excused absences will not be allowed. On holidays which
fall on a weekend or on a day in which the employee is not regularly scheduled the employee(s)
will not be required to allocate PTO. During Buffalo Public School District and Non-Public
School calendar designated days when the Children are not in school including incidental
holidays the employee will not be required to use PTO and will have the option to work in the
hospital without incurring OT or take an excused absence without accruing PTO. During the
winter break, as per Buffalo Public and Non-Public School calendar, all employees will be
required to use PTO, if an employee does not have PTO to cover those days the employee shall
not be required to use negative PTO and will have the option to work in the hospital without
incurring OT or take an excused absence without accruing PTO.
During the spring break, all employees must allocate PTO or negative PTO to cover those days
and excused absence will not be allowed.
The employees will be allowed to use either excused absences or PTO for superintendent
conference days, unplanned days, and half days as well as the two weeks before and after the
summer session if they are assigned to work the summer session.
School health services employees will have an automatic carry over of up to 75 hours of unused
PTO at the end of the PTO plan year. Those employees who do not have enough PTO to cover
these days will be allowed to take negative PTO during the PTO year up to the maximum limit as
set forth in Article 26, PTO of the Master Bargaining Agreement or take excused absences only
as identified above. PTO Scheduling Article 27 will be followed for all bargaining units when
requesting the use of unallocated PTO time. Unallocated weeks and days of PTO may be
requested four (4) weeks in advance of the time block. The employee will be notified of
approval or disapproval of these requests and shall be included in the posted schedule.
Unallocated time is defined as PTO time which exceeds the PTO time to cover the Kaleida
Holidays and spring break as previously mentioned inclusive of the employee being required to
273
go into the negative limit to cover these aforementioned days. PTO/ESB will accrue as per
Master Agreement.
It may be necessary to schedule staff when the children are not in school, as program needs
warrant.
a.) Opportunities to work will be offered in order of seniority with respect to the
appropriate skill mix.
b.) If the staffing requirement are still unmet after seeking volunteers, employees will
be assigned to work in inverse order of seniority until all BPS needs are met.
Section 5. Temporary Downsizing will occur when number of staff exceeds departmental
needs, as requested by the BPS and/or Non-Public Schools' lack of student needs (i.e. regents
examinations and other special circumstances). Should it become necessary to downsize staff the
following steps will be followed.
a.) Staff assigned in float positions as identified in Section 3 of this Article will be
offered the opportunity to downsize first, based on seniority.
b.) Volunteers requesting PTO, by seniority.
c.) Volunteers requesting Excused absence.
d.) Those wishing to work can call the staffing office at the Hospital(s) and attempt to
find assignments in areas they are competent. This will be the responsibility of
the employee and the Employer will make reasonable efforts to accommodate the
employee’s request.
Section 6. Summer Session and Special Projects: In the event that the Board of Education
requests summertime school health services or services for special projects (i.e. sports physicals)
the following will occur:
a.) Management will determine the number of full or part-time staff,
NP/RN/LPN/MA needed to ensure adequate BPS coverage. Summer school has
limited needs and it is likely that all assignments will be part-time, less than 7.5
hours per day as determined by the BPS but not less than 4 hours. Employees
will be allowed to use PTO to make a full 7.5 hour day.
b.) Opportunities to work will be offered in order of seniority with respect to the
appropriate skill mix NP/RN/LPN/MA.
c.) If the staffing requirements are still unmet after seeking volunteers, employees
will be assigned to work starting from the least senior employee hired in a 12-
month position, if needs are still not met after all 12-month employees have been
274
assigned then employees hired in a 10-month position will be assigned to work
with the least senior employee until needs are met.
Once the Board of Education contractual needs and/or NYSED Requirements are met, remaining
staff will be laid off the summer period. These employees may take this opportunity to pick up
time throughout Kaleida Health. As of the end of the 2016-2017 school year all PTO balances
will be carried over to the next school year.
At the beginning of the school year, staff will return to their original FTE unless affected through
a Job Security presentation.
Section 7. If a School Health Services Employee is unable to report for work they must
notify their supervisor no later than 6:00 AM the day of the shift.
Section 8. School Health Services positions are grant funded and subject to change due to
changes in the grand funding on a year-to-year basis. Any position affected due to a change in
funding will be subject to the layoff and recall language in the appropriate sites.
Section 9. There shall be a School Health Services Labor-Management committee which
shall meet at least quarterly to discuss issues specific to the school health services program.
Article 81
Multi-Site On-Call Procedure
Section 1. The Employer and the Union(s) will form a committee to discuss a multi-site on-
call procedure. It is understood that the intent of the process is to be voluntary. The committee
will become active when there is the need to negotiate a multi-site on-call procedure. The
purpose of the Committee will be to determine:
a.) which departments will benefit from said procedure;
b.) the number of sites to be involved;
c.) the training/orientation period needed;
d.) number of additional FTE’s, as required.
Section 2. Upon completion of the above, a trial period not to exceed six (6) months will be
established. At culmination of the trial period the committee will reconvene for the purpose of:
a.) reviewing all findings; and
b.) making any necessary changes.
Section 3. Once the trial period and the review for necessary changes are complete, the
procedure will become permanent. If there are not sufficient volunteers to cover On-Call, it will
be assigned to trained personnel in reverse, seniority order. A meeting will be convened with
Union representatives prior to implementing the assignments of non-volunteers to discuss
implementation.
275
Section 4. If a multi-site on-call procedure is established, employees placed on-call under
this procedure will be paid:
a.) all pay as outlined in Article 21 of the Master Agreement; plus
b.) ten percent (10%) over the employee’s base rate for all time worked at any site;
and
c.) a lump sum payment of fifty dollars ($50.00) for each call-in (to any site).
Article 82
Holidays
For All CWA, IUOE and SEIU BU’s
Except WCHOB RN/LPN and Professionals
Section 1. Employees who work on New Year’s Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day and Christmas Day will be paid a premium of one and one-half
(1½) times their hourly rate for all hours worked on the holiday and as outlined below.
a.) Greater Than Eight (8) Hour Shift Employees:
1.) When the majority of hours worked fall within the twenty-four (24) hour
period, beginning at 6:00 am on the day of the holiday.
2.) Exception 1: The New Year’s Day holiday premium will be paid when
the majority of hours worked falls within the twenty-four (24) hour period
beginning at 6:00 pm on December 31
st
.
3.) Exception 2: Christmas Day holiday premium will be paid when the
majority of hours worked falls within the twenty-four (24) hour period
beginning at 6:00 pm on December 24
th.
b.) Eight (8) Hour (or less) Shift Employees:
1.) When the majority of hours worked falls within the twenty-four (24) hour
period beginning at 11:00 pm on the eve of the holiday.
2.) The only exception will be the New Year’s Day holiday. Premium will be
paid when the majority of hours fall within the twenty-four (24) hour
period beginning at 3:00 pm December 31.
Section 2. For departments that will close to celebrate a holiday, the following will apply for
scheduling purposes only.
a.) If the major holiday falls on a Saturday, Friday will be considered the holiday.
276
b.) If the major holiday falls on a Sunday, Monday will be considered the holiday.
c.) Full time employees whose work schedules are eight (8) hours long and the
department is only open five (5) days a week, it is understood by the parties that
in this instance when the holiday falls within this time frame, the employee will
be scheduled for PTO for the holiday.
Section 3. When the department must remain open for the six (6) major holidays, employees
scheduled eight (8) hours or less shall be required to work no more than one (1) holiday in each
of the following groups of holidays:
a.) Memorial Day or Independence Day;
b.) Labor Day or Thanksgiving Day; and
c.) Christmas Day or New Year’s Day.
Section 4. When the department must remain open for the six (6) major holidays, employees
scheduled to work greater than eight (8) hours including forty (40) hour weekend employees,
shall be required to work no more than one (1) holiday in each of the following groups of
holidays:
a.) Memorial Day, Independence Day and Labor Day;
b.) Thanksgiving Day, Christmas Day and New Year’s Day.
Section 5. Selection of the holiday:
a.) A preference list shall be posted in each department for the purpose of selecting
the holiday to work. All employees must sign up for a holiday preference or they
will be assigned a holiday based on their seniority and the look back period.
See Section 5b and 5c, 1and 2 below.
b.) The preference list posting dates will be:
1.) by February 1 for the Summer holidays 3a, 3b, and 4a above; and
2.) by June 1 for the Winter holidays 3c and 4b above.
The preference shall be posted for the month and holidays will be approved
within thirty (30) days from the end of the posting. This thirty (30) day period
will include the one (1) week period for posting referenced in b.) below.
c.) If the distribution of staff is uneven a notice will be posted for one (1) week for
volunteers to change their preference.
1.) For eight (8) hours or less: If there are insufficient volunteers, then the
employee who is least senior and had the holiday off the previous year
shall be reassigned to another holiday in the group.
277
2.) For greater than eight (8) hours: If there are insufficient volunteers then
the employee who is least senior and had the holiday off the previous two
(2) years shall be assigned to another holiday in the group.
3.) If there are too many volunteers then the employee who is most senior will
be offered to work or be taken off the holiday.
4.) Employees who volunteer to work more than one holiday, in that holiday
group, will be awarded the extra holiday in order of seniority on a rotating
basis.
5.) If no employees from their hired shift volunteer to work a holiday; other
employees may volunteer to work that shift, as long as there is no need on
that employee’s primary shift.
d.) In the event that staff is not provided in a.-b. above, then the staff will be asked to
volunteer for an additional holiday. If staffing remains insufficient, it shall be
provided from a seniority list of the employees who have not worked the holiday
in the past two (2) years with the least senior being utilized first. However, any
one (1) staff member shall not work more than one (1) additional holiday in a
calendar year.
e.) If the unit/department’s census or patient acuity decreases, then any employee
required to work more than one (1) holiday in that group shall be offered benefit
time first. If there is more than one (1) employee in this category, benefit time
will be offered by seniority. In the event there are no employees in this category,
benefit time shall be offered to other staff members based on seniority.
f.) Employees who volunteer to work more than one (1) holiday in a group shall be
considered last for benefit time off on the holiday they volunteered for.
g.) Holiday commitments which occur during approved PTO will be met.
h.) Switching of shifts or partial shifts between employees may occur after the
schedule is posted and as per Article 15 Section 7 of the Master Agreement.
Written requests must have signatures of the affected employees and must be
approved by the appropriate manager. The initially scheduled holiday shall be
considered the holiday commitment.
i.) An employee will not be scheduled to work the eve and the day of Christmas or
New Year’s unless he or she volunteers to do so.
j.) If an employee successfully bids and transfers to a new position they will be
required to meet their Holiday commitment. This may require the employee to
reschedule their Holiday to meet the needs of the new unit; if their commitment
278
was not already met inclusive of the process in Section 5b.) & c.) of this article.
For an involuntary transfer, posted holiday commitments will be honored for that
grouping.
k.) If an employee calls in on their scheduled Holiday, the employee will not have
met their Holiday commitment.
Section 6. PTO will not be paid when the employees do not report to work for the last
scheduled shift before a holiday or the first scheduled shift after a holiday, providing that either
of these days are within three (3) days of the holiday. PTO will also not be paid when an
employee does not report for work on their scheduled shift on the holiday.
FOR WCHOB RN/LPN
Section 1. Employees who work on New Year’s Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day and Christmas Day will be paid a premium of one and one-half
(1½) times their hourly rate for all hours worked on the holiday and as outlined below.
a.) Greater Than Eight (8) Hour Shift Employees:
1.) When the majority of hours worked fall within the twenty-four (24) hour
period, beginning at 6:00 am on the day of the holiday.
2.) Exception 1: The New Year’s Day holiday premium will be paid when
the majority of hours worked falls within the twenty-four (24) hour period
beginning at 6:00 pm on December 31
st
.
3.) Exception 2: Christmas Day holiday premium will be paid when the
majority of hours worked falls within the twenty-four (24) hour period
beginning at 6:00 pm on December 24
th.
b.) Eight (8) Hour (or less) Shift Employees:
1.) When the majority of hours worked falls within the twenty-four (24) hour
period beginning at 11:00 pm on the eve of the holiday.
2.) The only exception will be the New Year’s Day holiday. Premium will be
paid when the majority of hours fall within the twenty-four (24) hour
period beginning at 3:00 pm December 31.
Section 2. For departments that will close to celebrate a holiday, the following will apply for
scheduling purposes only.
a.) If the major holiday falls on a Saturday, Friday will be considered the holiday.
279
b.) If the major holiday falls on a Sunday, Monday will be considered the holiday.
c.) Full time employees whose work schedules are eight (8) hours long and the
department is only open five (5) days a week, it is understood by the parties that in
this instance when the holiday falls within this time frame, the employee will be
scheduled for PTO for the holiday.
Section 3. PTO will not be paid when the employees do not report to work for the last
scheduled shift before a holiday or the first scheduled shift after a holiday, providing that either
of these days are within three (3) days of the holiday. PTO will also not be paid when an
employee does not report for work on their scheduled shift on the holiday.
Section 4. For the Licensed Practical Nurses and the Registered Nurses at Women and
Children’s Hospital of Buffalo, the following language will apply:
a.) All employees holding rotating positions will bid and work their holiday
requirement on their primary shift, except in areas where rotation is pre-assigned
on a yearly basis.
b.) The Hospital will schedule enough staff to appropriately cover the normal staffing
pattern of each clinical unit including float pools. In the event that the staffing on
a holiday exceeds the normal requirement, an employee may be taken off the
holiday in descending seniority order and rescheduled to adequately staff another
day during the pay period if mutually agreed upon.
c.) An employee who calls in PTU or reports off on a holiday listed in this
Agreement will be required to make up such days on another holiday within the
next twelve months unless the absence is due to the employee’s extended illness
(three [3] or more days), hospitalization, bereavement leave, LOA, Workers’
Compensation, DBL or continuous FMLA.
d.) Switching of shifts or partial shifts between employees may occur after the
schedule is posted with the manager’s approval. Written request must have
signatures of the affected employees. The initially scheduled holiday shall be
considered the holiday commitment. Partial shifts must be a minimum of four (4)
hours in length.
e.) Employees on DBL, Workers’ Compensation or other extended leave will be
contacted by the Manager for their holiday time requests. All holiday bidding
deadlines will be upheld.
f.) Holiday Requirements:
(1.) Employees working shifts of eight (8) hours or less will be scheduled
to work one holiday from each of the following groups:
280
(a.) Memorial Day and July 4;
(b.) Labor Day and Thanksgiving Day.
(2.) Employees working extended shifts (ten [10] hours or greater) will be
scheduled to work one of the following holidays:
(a.) Memorial Day;
(b.) July 4;
(c.) Labor Day;
(d.) Thanksgiving Day.
(3.) Per diem employees will be scheduled to work one holiday from the
following group:
Memorial Day, July 4, Labor Day or Thanksgiving.
Bidding for these holidays will be done by seniority at the same time as vacation bidding. An
employee’s scheduled vacation week does not excuse the employee from the above holiday
obligations.
(4.) Employees working shifts of eight (8) hours or less will be scheduled
to work two (2) of the following:
(a.) Christmas Eve;
(b.) Christmas Day;
(c.) New Year’s Eve;
(d.) New Year’s Day.
(5.) Employees working extended shifts will be scheduled to work one of
the following:
(a.) Christmas Eve;
(b.) Christmas Day;
(c.) New Year’s Eve;
(d.) New Year’s Day.
(6.) Per diem employees will be scheduled to work one holiday from the
following group:
Christmas Eve, Christmas Day, New Year’s Eve, New Year’s Day.
A preference list will be posted in each unit for the purpose of selecting winter holiday work by
seniority. Then preference list will be posted for the month of August and winter holidays will be
approved within 30 calendar days of the end of this posting.
281
An employee’s scheduled vacation will not excuse an employee from their Holiday obligation.
However, an employee scheduled for vacation for only one of the Christmas/New Year’s weeks
will be scheduled to fulfill their Holiday obligation on the alternate holiday or holidays. An
employee scheduled for both weeks’ vacation will choose their holiday or holiday by seniority.
g.) In order to meet the staffing needs of the department, it may be necessary to
schedule an additional holiday based on seniority. Employees who are required to
schedule an extra holiday will be offered, in seniority order, a choice from the
remaining holidays. Additional holidays will be designated as such on the
schedules.
h.) In the event that the number of staff on a unit exceeds the required staff needed,
those employees scheduled to work the additional holiday will be downsized first.
If there is more than one employee in this category, time off will be offered by
seniority. If there is no employee in this category, downsizing will be completed
based on seniority of all scheduled staff, inclusive of per diems. Float Pool
seniority will be blended with the seniority of all employees within the Division
that the Float Pool employee is assigned.
i.) Per Diem employees will be blended into the seniority of all employees within the
unit for the purpose of bidding on holiday time. They will not be required to
schedule an additional holiday unless they choose to do so.
j.) No employee will be required to work more than sixteen (16) hours over
Christmas Eve and Christmas Day (from 7:00 a.m. December 24 to 7:30 a.m.
December 26) unless scheduled for a holiday make-up day. During this period,
no employee will be scheduled for a length of shifts that varies from their regular
shift.
k.) No extended shift employee will be scheduled to work more than two (2)
consecutive shifts between December 23 and December 26.
For WCHOB Professional Bargaining Unit:
Section 1. Employees who work on New Year’s Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day and Christmas Day will be paid a premium of one and one-half
(1½) times their hourly rate for all hours worked on the holiday and as outlined below.
a.) Greater Than Eight (8) Hour Shift Employees:
1.) When the majority of hours worked fall within the twenty-four (24) hour
period, beginning at 6:00 am on the day of the holiday.
2.) Exception 1: The New Year’s Day holiday premium will be paid when
the majority of hours worked falls within the twenty-four (24) hour period
beginning at 6:00 pm on December 31
st
.
282
3.) Exception 2: Christmas Day holiday premium will be paid when the
majority of hours worked falls within the twenty-four (24) hour period
beginning at 6:00 pm on December 24
th.
b.) Eight (8) Hour (or less) Shift Employees:
1.) When the majority of hours worked falls within the twenty-four (24) hour
period beginning at 11:00 pm on the eve of the holiday.
2.) The only exception will be the New Year’s Day holiday. Premium will be
paid when the majority of hours fall within the twenty-four (24) hour
period beginning at 3:00 pm December 31.
Section 2. For departments that will close to celebrate a holiday, the following will apply for
scheduling purposes only.
a.) If the major holiday falls on a Saturday, Friday will be considered the holiday.
b.) If the major holiday falls on a Sunday, Monday will be considered the holiday.
c.) Full time employees whose work schedules are eight (8) hours long and the
department is only open five (5) days a week, it is understood by the parties that in
this instance when the holiday falls within this time frame, the employee will be
scheduled for PTO for the holiday.
Section 3. When the department must remain open for the six (6) major holidays, employees,
shall be required to work no more than one (1) holiday in each of the following groups of
holidays:
a.) Memorial Day, Independence Day and Labor Day;
b.) Thanksgiving Day, Christmas Day and New Year’s Day.
Section 4. Selection of the holiday:
a.) A preference list shall be posted in each department for the purpose of selecting
the holiday to work.
b.) The preference list posting dates will be:
1.) by February 1 for the Summer holidays; and
2.) by June 1 for the Winter holidays.
The preference shall be posted for the month and holidays will be approved
within thirty (30) days from the end of the posting. This thirty (30) day period
will include the one (1) week period for posting referenced in b.) below.
283
c.) If the distribution of staff is uneven a notice will be posted for one (1) week for
volunteers to change their preference.
1.) If there are insufficient volunteers then the employee who is least senior and
had the holiday off the previous two (2) years shall be assigned to another
holiday in the group.
2.) If there are too many volunteers then an employee will be offered to work or
be taken off the holiday in order of seniority on a rotating basis.
3.) Employees, who volunteer to work more than one holiday, in that holiday
group, will be awarded the extra holiday in order of seniority on a rotating
basis.
4.) If no employees from their hired shift volunteer to work a holiday; other
employees may volunteer to work that shift, as long as there is no need on
that employee’s primary shift.
d.) In the event that staff is not provided in a.-b. above, then the staff will be asked to
volunteer for an additional holiday. If staffing remains insufficient, it shall be
provided from a seniority list of the employees who have not worked the holiday
in the past two (2) years with the least senior being utilized first. However, any
one (1) staff member shall not work more than one (1) additional holiday in a
calendar year.
e.) If the unit/department’s census or patient acuity decreases, then any employee
required to work more than one (1) holiday in that group shall be offered benefit
time first. If there is more than one (1) employee in this category, benefit time
will be offered by seniority on a rotating basis. In the event there are no
employees in this category, benefit time shall be offered to other staff members
based on seniority on a rotating basis.
f.) Employees who volunteer to work more than one (1) holiday in a group shall be
considered last for benefit time off on the holiday they volunteered for.
g.) Holiday commitments which occur during approved PTO will be met.
h.) Switching of shifts or partial shifts between employees may occur after the
schedule is posted and as per Article 15 Section 7 of the Master Agreement.
Written requests must have signatures of the affected employees and must be
approved by the appropriate manager. The initially scheduled holiday shall be
considered the holiday commitment.
i.) An employee will not be scheduled to work the eve and the day of Christmas or
New Year’s unless he or she volunteers to do so.
284
j.) If an employee successfully bids and transfers to a new position they will be
required to meet their Holiday commitment. This may require the employee to
reschedule their Holiday to meet the needs of the new unit; if their commitment
was not already met inclusive of the process in Section 3 of this article. For an
involuntary transfer, posted holiday commitments will be honored for that
grouping.
k.) If an employee calls in on their scheduled Holiday, the employee will not have
met their Holiday commitment.
l.) It is understood that for employees hired to the day shift with rotation coverage of
evening and midnight holiday shifts shall be assigned in order of seniority on a
rotating basis.
Section 5. PTO will not be paid when the employees do not report to work for the last
scheduled shift before a holiday or the first scheduled shift after a holiday, providing that either
of these days are within three (3) days of the holiday. PTO will also not be paid when an
employee does not report for work on their scheduled shift on the holiday.
Article 83
Union Membership
FOR 1199 SEIU:
Section 1. It shall be a condition of employment that each employee shall become and
remain a member in good standing of the Union upon completion of thirty (30) days of
employment.
Section 2. "Member in good standing" shall mean the employee has tendered the
initiation fee and periodic dues uniformly required as a condition of union membership.
FOR CWA:
Section 1. All employees who are members of the Union on the effective date of this
Agreement, shall, as a condition of employment, remain members for the term of this
Agreement. All employees who wish to join the Union and do so after the effective date
of this Agreement, shall, as a condition of employment, remain members of the Union for
the term of this Agreement. The Employer will be given a current list of Union members
on request, but not more often than once a month.
Section 2. Employees who have not joined and do not wish to join the Union must,
after they have completed thirty (30) calendar days of continued employment or on the'
execution date of this Agreement if on that date they have been employed for thirty (30)
calendar days, pay to the Union an amount equal to the then current dues (but no other
charges) applicable to members as a contribution toward the administration of this
285
Agreement. Employees who choose not to join the Union may authorize the payment of
the Agency fee on a form which is the same as that shown in this Agreement except it
will substitute the words "service charge equal to the monthly dues" for the words "the
monthly dues and one initiation fee" in such authorization.
FOR IUOE:
Section 1: Membership Requirements. All employees covered by this Agreement who are
members of the Union on the effective date of this Agreement or who become
members thereafter shall, as a condition of employment, maintain their membership in
the Union to the extent of the tendering the representation fee and periodic dues
uniformly required as a condition of Union membership.
All employees hired on or after the effective date of this Agreement shall, upon
completion of their probationary period, as a condition of employment, become and
thereafter maintain their membership in the Union to the extent of tendering the
representation fee and periodic dues as described above.
All employees transferred from a position not included in the bargaining unit to a position
within the unit shall, upon completion of ninety (90) days continuous employment
thereafter as a condition of employment, become and thereafter maintain their
membership in the Union to the extent of tendering the representation fee and periodic
dues as described above.
Section 2: Discharge of Employees. The employer, no later than seven (7) calendar days
after receipt of written notice from the Union, shall discharge any employee who is not then m
good standing in the Union as required in Section 1 of this Article.
Article 84
Pharmacy Shift Rotation at the Buffalo General Hospital
Section 1. Schedules will be prepared covering a four (4) week time block.
Section 2. Employees can volunteer to rotate to the evening and night shift without
limitation. Volunteering will not count as rotation commitment.
Section 3. It is understood that total rotation to off shifts will be done so that no
higher-seniority Pharmacist will rotate to a greater extent than a lower-seniority
Pharmacist over the course of any time block. The following sections will detail how
specific rotations will be accomplished.
Section 4. Single Night Rotation: Night rotation will use a three (3) tier system:
a.) Full-time employees with less than twenty (20) years of seniority (non-
probationary) as a pharmacist will initially rotate as needed up to four (4) times
286
per calendar year. Part-time employees will rotate to an amount equal to their FTE
times 4. E.g., a .5 FTE pharmacist will rotate initially two (2) times per year (.5 x
4= 2).
b.) If additional rotations are needed, employees with less than ten (10) years
seniority will each rotate one (I) additional time (i.e., 5 times total), in inverse
order of seniority.
c.) If further night shift vacancies exist then Pharmacists with twenty (20) years’
experience or greater will rotate, beginning with least senior in this group, up to
two times per year (prorated by their FTE).
d.) If the above method is still insufficient to cover all open single night shifts then
all pharmacists will rotate additional night shifts, in inverse order of seniority,
until all single open shifts are covered. Greater needs will be met in the same
fashion, with less senior employees first rotating an additional shift, then more
senior employees rotating an additional shift.
Section 5. Multiple Night Shift Rotation: The same basic system of three (3) tiers as
in Section 3. above will be used. For the purposes of this section one (1) occurrence will
be considered one of the following:
a.) 4 consecutive nights of the 7 on/7 off shift;
b.) 3 consecutive nights of the 7 on/7 off shift plus one other 10-hour shift (day or
evening);
c.) the 4 x 10 hour night shift (Monday through Thursday);
d.) the 5 x 7.5 hour night shift (Monday through Friday, 11:00 p.m. to 7:00 a.m.).
Working this shift will count as both one (1) occurrence under Section 4. and one
(1) night shift under Section 3.
If the rotating Pharmacist opts to work the full seven (7) days of the 7 on/7 off then this
will be considered two (2) occurrences.
Section 6. It is understood that preference will be given to the Pharmacist who opts
to work the full seven (7) days of the 7 on/7 off shift. In other words if the Pharmacist
next on the list to cover 7 on/7 off shift declines to work the full week then the option
passes to the next most senior Pharmacist in the group as listed below. If each
Pharmacist in the seniority group declines the full week then the shift returns to those
first two on the list and is split among them with most senior having the choice.
a.) Full-time employees with less than twenty (20) years seniority (non-
probationary) as a Pharmacist will initially rotate as needed up to four (4)
287
occurrences per calendar year. Part-time employees will rotate to an amount equal
to the FTE x 4.
b.) If additional rotations are needed, employees with less than ten (10) years
seniority will each rotate one (1) additional time (i.e., now a total of five [5]
occurrences), in inverse order of seniority.
c.) If further rotations are needed then Pharmacists with twenty (20) years’
experience or greater will rotate, beginning with least senior in this group, up to
one (1) occurrence per year (or as prorated by their FTE).
d.) If the above method is still insufficient to cover all open night shifts then all
Pharmacists will rotate additional night shifts (occurrences), in inverse order of
seniority, until all open shifts are covered. Greater needs will be met in the same
fashion, with less senior employees first rotating an additional occurrence, then
more senior employees rotating an additional occurrence.
Section 7. No employee will be assigned to work more than two (2) different shifts in
any seven (7) day period.
Article 85
Payroll Deduction of Union Dues
FOR 1199 SEIU:
Section 1. Upon receipt of a written authorization from an Employee in the form
annexed hereto as Exhibit A, or in any other form designated by the Union necessary to
accommodate any changes in the 1199 dues or initiation fee structure, the Employer
shall, pursuant to such authorization, deduct regular dues and/or initiation fees as
established from time to time by the Union from the wages due said Employee. Such
deduction shall start no later than the first pay period following the completion of the
Employee's first thirty (30) days of employment.
The Employer shall remit to the Union all deductions for dues and/or initiation fees made
from the wages of all Employees on or before the fifteenth (15th) day of the month
following the month in which paycheck was dated from which those dues and initiation
fees were deducted.
This remittance shall be accompanied by a list of all Employees on whose behalf dues
and initiations fees are being paid. Such list shall include, for each Employee, the
following information: Institution, Employee's name, social security number, job
classification, amount of dues remitted, amount of initiation remitted, hours worked,
gross pay, and total pay subject to dues deduction.
288
Section 2. At the written request of the Union made in accordance with the provisions of this
paragraph 2, the Employer shall deduct from the wages due an affected
employee an amount stated by the Union to be unpaid dues and/or initiation fees. Such a
written request for unpaid dues shall be made by the Union no more frequently than twice
a year on January 1 and/or July 1. The Request shall include the name, social security
number, amount of dues and/or amount of initiation to be deducted from the employee's
wages, and the number of installments by which the total shall be deducted.
With the written Request, the Union shall send the Employer a copy of a letter that has
been sent to each listed employee advising them of the Union's dues and initiation fee
policies, the amount of dues or initiation fees owed by the members, an explanation of
the computation, and the procedure by which such unpaid dues and/or initiation fees shall
be deducted by the Employer. The letter shall advise the employee to direct any question
on this deduction to the Union. The Employer shall provide the Union with the name,
title, and telephone number of the person to which Requests pursuant to this paragraph
shall be submitted.
The Employer shall make the first deduction pursuant to the request no more than thirty
(30) days after receipt of the Request, and shall remit the deductions on the same
schedule as set forth in paragraph 1 above.
The Employer shall provide to the Union a separate list of all employees on whose behalf
payments pursuant to this paragraph 2 are being made. Said list shall include name,
social security number, and amount of dues and/or amount of initiation remitted.
The limitation of submission of requests on January 1 and July 1 shall not apply when an
employee is a new hire from whom deductions of dues and/or initiation by the Employer
shall commence immediately on the Employer receiving written authorization.
The Employer shall not be required to attempt to recover unpaid dues or initiation fees
from employees who have terminated employment and received their last wages prior to
the receipt of the Request.
Section 3. Employees who do not sign written authorizations for deductions must
adhere to the same payment procedure by making payments directly to the Union.
Section 4. The Employer shall be relieved from making such 'check-off deductions
upon (a) termination of employment, or (b) transfer to a job other than one covered by the
bargaining unit, or (c) layoff from work, or (d) an agreed leave of absence, or (e)
revocation of the check-off authorization in accordance with its terms or with applicable
law. Notwithstanding the foregoing, upon the return of an Employee to work from any of
the foregoing enumerated absences in section (b) - (d), the Employer will immediately
resume the obligation of making said deductions, except that deductions for terminated
Employees shall be governed by Paragraph 1 hereof. This provision, however, shall not
relieve any Employee of the obligation to make the required dues and initiation payment
pursuant to the Union constitution in order to remain in good standing of the Union.
289
Section 5. The Employer shall not be obliged to make dues deductions of any kind
from any Employee who, during any dues month involved, shall have failed to receive
sufficient wages to equal the dues deductions.
Section 6. The Employer agrees to furnish the Union each month within fifteen (15)
days after the end of the month a listing in order of social security numbers of the names
of all bargaining unit Employees paid at any time in the prior month, their addresses,
social security numbers, classifications of work, their date of hire, and if terminated
during the month, their date of termination; and names of bargaining unit Employees on
leave of absence together with their beginning dates of leave of absence and type of
leave.
Section 7. Any list required hereunder that contains in excess of twenty-five (25)
names shall be transmitted to the Union in electronic form in the format annexed hereto
as exhibit (_). The Employer shall provide to the Union: the name, title, e-mail address,
and telephone number of one person responsible for each separate dues/initiation and
Political Action Fund remittance list to be submitted pursuant to this paragraph who can
directly authorize and produce such electronic transmission.
FOR CWA:
Section 1. The Employer agrees that upon receipt of an individual written request in
a form approved by the Employer and signed by an employee covered by this Agreement,
the Employer will deduct twenty-six (26) times per year from such employee's wages
union dues specified in such request, plus an initiation fee not to exceed $25.00 in a
single deduction and forward the full amount thus deducted to the Secretary-Treasurer of
the Union or his/her authorized agent as directed. The request may be revoked by the
employee at any time upon their written request to the Employer and such request should
be directed to the appropriate Employer representative.
Section 2. In general, dues deductions will be made or revoked in designated pay
periods in the current payroll for properly executed dues deductions authorizations or
revocations received by the appropriate Employer representative on or before the last day
of the previous payroll period. However, the Employer assumes no responsibility either
to the employee or to the Union for any failure to make or for any errors made in making
such deductions, but will correct any errors made in making such deductions in the
payroll period following notice of such errors. The Union further agrees to hold the
Employer harmless for any and all claims arising out of claims under this Article.
Section 3. The Employer agrees to make payroll deductions of Union dues and one
(1) initiation fee when authorized to do so by the employee on a form as set forth below
in an amount as certified to the Employer by the Secretary-Treasurer of the Union and to
pay over to the Secretary-Treasurer of the Union any amounts so deducted. Changes in
the amount of monthly dues or the amount of the initiation fee will be certified to the
Employer at least sixty (60) calendar days prior to the requested change.
290
FOR IUOE:
The Union shall furnish the Employer with Union membership applications and dues
deduction authorization forms which shall be presented to new employees at the
beginning of their employment. Each month, the completed membership applications
and a copy of each dues deduction authorization form shall be mailed to the Union office.
The Union shall be notified in writing of the names and places of employment for new
employees.
Check-off. The employer shall deduct the Union representation fee and periodic dues
regularly charged by the Union from the wages of those employees who are members or
are becoming members of the Union provided such employees individually and
voluntarily give the Employer written authorization to do so. The Employer shall
forward such deductions to the Union before the end of each month.
Employer Protection. The Union agrees to indemnify and hold the Employer harmless
against any and all claims, suits, or other forms of liability arising out of action taken or
not taken pursuant to the provisions of this Article. The Union assumes full responsibility for the
disposition of deductions once they have been turned over to the Union.
Article 86
Political Action Committee Deductions
FOR 1199 SEIU:
Section 1. Political Action Fund. Upon receipt of a written authorization from an
employee in the form designated by the Union and necessary to accommodate political
action deductions, the Employer shall, pursuant to such authorization, deduct from the
wages due said employee every pay period the sum specified in said authorization and
remit the funds to the 1199 Political Action Fund, in the same manner and at the same
time as the Employer shall remit dues and initiation as described above. This remittance
shall be accompanied by a list of all employees on whose behalf deductions are being
submitted. Such list shall include, for each employee, the following information:
Institution, employee's name, social security number, and amount remitted.
Section 2. It is specifically agreed that the Employer assumes no obligation, financial
or otherwise, arising out of compliance with the provisions of this Article, and the Union
hereby agrees that it will indemnify and hold the Employer harmless from any claims,
actions or proceedings by any Employee arising from deductions made by the Employer
hereunder. The Union further indemnifies and holds the Employer harmless from any
claims, actions or proceeding by any government agency or by any groups so long as
such groups are not funded directly or indirectly by the Employer arising from deductions
made by the Employer for the 1199 Political Action Fund
291
FOR CWA:
Section 1. The Employer agrees that, upon receipt of an individual written request in
a form approved by the Employer and signed by an employee covered by this Agreement,
the Employer will deduct twenty-six (26) times per year from such employee's wages the
amount indicated by the employee on the PAF deduction form and forward the full
amount thus deducted to the appropriate union's committee on political education. The
request may be revoked by the employee at any time upon his/her written request to the
Employer, and such request should be directed to the appropriate Employer
representative.
Section 2. The Employer assumes no responsibility either to the employee or to the
Union for any failure to make or for any errors made in making such deductions, but will
correct any errors made in making such deductions in the payroll period following notice
of such errors. The Union further agrees to hold the Employer harmless for any and all
claims arising out of claims under this Article.
FOR IUOE:
Section 1. The Employer shall deduct political action committee contributions for
any employee who voluntarily elects to have such contributions deducted from his/her
pay. The contribution shall be at the rate of three cents ($.03) per hour on all straight
time hours paid, four and one-half cents ($.045) per hour on all time and one-half hours
paid, and six cents ($.06) on all double time hours paid.
Section 2. The Union agrees to indemnify and hold the Employer harmless against
any and all claims, suits, or other forms of liability arising out of action taken or not taken
pursuant to the provisions of this Article. The Union assumes full responsibility for the
disposition of deductions once they have been turned over to the Union.
Article 87
Labor-Management Committees
Section 1. The Union and the Employer, recognizing the importance of labor-management
relations, agree to meet to discuss items of importance to either or both parties in a Labor
Management Committee (LMC) format. To that end, a committee will be established and
maintained for each bargaining unit. As a general rule, grievance issues and contract
interpretation issues should be discussed in other forums. The work of such Committees shall
not duplicate the work of other committees under the Master Bargaining Agreement.
Section 2. The committees shall meet monthly or as agreed by the parties at a mutually
agreeable time and place. The meeting will be attended by the Hospital President, and/or
designee, a Human Resource representative and the appropriate Union representatives.
292
Section 3. Employees who attend the meetings will be released during their regular shift.
The Employer agrees to pay the committee for hours spent in committee meetings up to but no
more than four (4) per bargaining unit as mutually agreed to by the Employer and the Union.
Section 4. All agenda items shall be exchanged at least forty-eight (48) hours prior to the
meeting.
Section 5. In addition to the bargaining unit LMCs, the parties acknowledge that there are
individual units and departments that utilize the LMC process and meet regularly to resolve
workplace problems and that process will continue.
Article 88
Temporary Closure of Units/Departments
Section 1. It is understood by the Union, that the Employer may elect to temporarily close a
unit due to fluctuations in the volume/census, in which case the following process for staffing
will occur.
a.) The Employer will notify all affected employees and the Union of unit closures
and unit reopening.
b.) When it is known in advance that an employee's unit will be closed the affected
employees will be reassigned as needed within their site, as per Article 19,
Floating (excluding Section 2.). The affected employees' approved schedule will
be maintained.
Section 2. In the event that all staff are not needed, the affected employees will be offered the
option to downsize as per Article 18, Temporary Downsizing.
Section 3. Any unit closures greater than twenty-one (21) days will be reviewed by the site
job security committee.
Article 89
Security Technology
Section 1. The Employer and the Union agree to the following:
a.) Kaleida Health will not install surveillance cameras solely for the purpose of
monitoring employee actions.
b.) The Employer agrees to provide the Unions with notification any time a camera is
relocated or added.
c.) Kaleida Health will not install surveillance cameras in any rest room areas, locker
room areas or any other area that could be considered an employee invasion of
privacy.
293
Article 90
Health Information Technology
Section 1. The Employer shall provide the Unions notice of any major new proposed
technological change that impacts employees across Kaleida e.g. EMR, Bridge and Cerner. The
Employer will provide updates of such new or revised information as it becomes available. This
notice shall take place at Oversight Committee.
Section 2. The Union shall have reasonable access, as appropriate, to Employer personnel
who are knowledgeable about any proposed new major technology to review and discuss
information concerning any impacts on members of the bargaining units(s).
Section 3. Employer purchasing representatives and managers in areas where new
equipment or technology is being contemplated to be purchased or used on a trial basis will, to
the extent as practical and appropriate, seek input from employees who will use such equipment
and technology regarding the operational feasibility and efficiency of such equipment and
technology.
Section 4. Nothing in this Article shall be read to prevent the Employer to exercise its
management rights to decide which type of equipment or technology to purchase, lease or
acquire or require the Employer to bargain about its decisions to purchase or lease same.
Article 91
Float Pool Employees
Section 1. Float pool employees are full-time, part-time, flexible or per diem employees
hired into a specific cost center for the purpose of floating to nursing units/departments to
supplement the nursing staff in units experiencing census fluctuations, unscheduled absences, or
long term absences not to exceed the current posted schedule. Float pool employees are assigned
to a unit on a day to day basis. Effective with the date of this collective bargaining agreement, it
is agreed to and understood by the parties that it is not the intent of this article to create a pool of
employees that will replace the need for staff to be hired into a cost center or, to in any way
eliminate the hiring of staff into cost centers.
Section 2. If there are no nursing units that require additional staffing on a particular shift
and downsizing is required, the float pool personnel will be downsized within their cost center
and according to Article 18, Temporary Downsizing.
Section 3. Once float pool employees have reported to and clocked in to work on a
unit/department and the unit is downsizing, the float personnel will be included in the unit’s
downsizing.
Section 4. A Float pool employee will not be assigned more than two (2) different units
during their shift unless mutually agreed upon.
294
Section 5. Float pool employees will, as a general rule, be given at least one (1) hour notice
if they are going to be floated during the course of a shift.
Section 6. If a float pool employee is required to float for a second time during the course of
his/her shift, and two (2) or fewer hours remain in the shift, the employee’s assignment will
reflect the limited time on the unit.
Section 7. If a float pool employee is floated at the beginning of the shift and will be on the
unit for two (2) hours or less, the employee assignment will reflect the limited time on the unit.
Section 8. For the WCHOB RN/LPN bargaining units, the following float pool language will
continue to apply:
a.) The WCHOB will maintain the following float pools:
1.) Critical Care Float Pools;
(a.) ER, ICU, ICN;
(b.) ER, ICU;
(c.) ICU, ICN;
2.) Maternity Float Pool;
3.) Pediatric Float Pool;
4.) Surgical Services Float Pool A (T9, V9, MPA);
5.) Surgical Services Float Pool B (MPA, PACU, OR Holding Area);
6.) Surgical Services Float Pool C (OR, MPA, PACU).
b.) Each float pool will be considered its own unit. It is understood that float
pool employees shall have seniority among themselves. All scheduling
and PTO requests will be made as a unit.
c.) Float pool employees will be available on every shift. One half (1/2) of all
available float pool employees’ time may be prescheduled per time block.
Scheduling off this time will be equitably assigned with consideration to unit
needs, skill mix, competency and employees FTE status.
d ) If a free floating float pool employee requests an excused day and help is
needed due to short staffing, the float pool nurse will float. If a free
floating float pool employee requests an excuse day and no help is needed,
the float pool request will be granted before unit staff requests.
e.) Float pool employees assigned to work in the OR holding area and
V4/MPA will not be blended in seniority of those units for the purpose of
downsizing.
f.) Float pool will maintain normal staffing patterns on holidays.
g.) In the event float help is needed outside of their division it will be done on
a rotating basis among free-floating float pool staff.
295
h.) Float pool seniority will be blended with the seniority of all employees
within the Division that the Float Pool employee is assigned as it relates to
Holiday downsizing.
Article 92
Charge Nurse
Section 1. For nurses to be qualified in the charge nurse role, the following criteria must be
met.
a.) The registered nurse or licensed practical nurse in the SNF must have a minimum
of (1) year RN or LPN for SNF experience before being charge oriented;
b.) charge nurse classroom training;
c.) on the job training/orientation by a trained charge RN/LPN in SNF;
d.) on line learning via Talent Management;
e.) self evaluation of charge competencies;
f.) evaluation by the manager of charge competencies, (where deficiencies are
identified the RN or LPN in SNF will be offered retraining).
Section 2. The charge nurse assignment will be rotated evenly among all
qualified/competent and trained nurses. Continuity of patient care and consistency of assigning
consecutive days of charge will be taken into account.
Section 3. In the Millard Fillmore Hospital bargaining units, where permanent charge
positions exist, the practice will continue. It is understood that permanent charge nurse
assignments:
a.) will not adversely affect nurse to patient ratios;
b.) will not be used as management extensions insofar as performing work normally
and customarily performed by management and supervisory personnel;
c.) will be filled by the most senior qualified applicant within the unit/department
following posting of the assignment in a prominent place in the unit/department
for a period of fourteen (14) days;
d.) will be posted as per Article 53, Job Bidding and Transfers if the assignment is
not filled according to c.) above;
e.) will be reabsorbed into the unit/department if the Employer eliminates the
assignment in the unit/department.
Section 4. For purposes of merger, consolidation and layoff options, permanent charge nurse
is an assignment not a job title. RN’s will be given the above optioned in Article 55 Merger,
296
Consolidation as a staff nurse in the appropriate job title. The permanent charge nurse
assignment will not transfer from one (1) site to another.
Section 5. Charge nurses will be paid in accordance with Appendices D and G of this
Agreement.
Section 6. In the skilled nursing facility licensed practical nurses are assigned charge nurse
responsibility by the normal manager or supervisor in the absence of an RN and will be paid in
accordance with Appendix G of this Agreement.
Article 93
Hours of Work – Clerical Employees
The following language will be deleted from the various Bargaining Unit Agreements and will
be included in the Master Agreement. The intent of this language is that all bargaining units that
include the applicable job titles will be covered by the provisions of this Article.
Section 1. Any employee, who holds a job title included within Appendix A Clerical
Employees Salaries within the Master Agreement, may take work time off with the agreement
and supervisor’s approval in advanced with the understanding that the time will be “made up”
within the same week or not made up at all. Any “made up” time must be worked by the
employee before or after their normal work day. This time will be limited to four (4) hours in
any week. Any additional time approved off must be taken as PTO.
Article 94
Extended Shifts
Section 1. Extended shifts are those that exceed the traditional eight (8) hour shift thus
decreasing the actual number of days the employee works per week. For the purpose of this
article, employees who work extended shifts shall be scheduled as follows:
a.) Thirteen (13) Hour Shifts:
Employees who work twelve and one-half (12½) hour shifts shall be scheduled
for thirteen (13) hours inclusive of a one-half (½) hour unpaid meal period or
thirty-seven and one-half (37½) hours per week for a full-time employee.
b.) Twelve and One-Half (12½) Hour Shifts:
Employees who work twelve (12) hour shifts shall be scheduled for twelve and
one-half (12½) hours inclusive of a one-half (½) hour unpaid meal period or
thirty-six (36) hours per week for a full-time employee.
c.) Twelve (12) Hour Shifts:
Employees who work eleven and one-half (11 ½) hour shifts shall be
297
scheduled for twelve (12) hours inclusive of a one-half (1/2) hour unpaid meal
period or thirty-four and one-half (34 1/2) hours per week for full-time
employees.
d.) Ten (10) Hour Shifts:
Employees who work ten (10) hour shifts shall be scheduled for ten (10) hours
inclusive of a one-half (½) hour unpaid meal period. Full-time employees who
work ten (10) hour shifts shall be scheduled one (1) shift of nine and one-half
(9½) hours inclusive of a one-half (½) hour unpaid meal period or thirty-seven
and one-half (37½) hours per week for a full-time employee.
e.) Ten and one-half (10 1/2) hour shifts:
Employees who work ten and one-half (10 1/2) hour shifts shall be scheduled for
ten and one-half (10 ½) hours inclusive of a one-half (1/2) hour unpaid meal
period or up to forty (40) hours for a full time employee.
f.) Alternate Extended Hour Shifts: Employees who work alternate extended shifts
shall be scheduled to work forty (40) consecutive hours over the weekend.
Section 2. During the period of scheduled overlap between the day and night shifts,
employees may elect to use paid time off or take excused absence time off without pay to
cover time not worked.
Section 3. Full-time employees who work extended shifts will be allowed to pre-
schedule additional hours or use accrued PTO to allow the employee to meet one
thousand nine hundred and fifty (1,950) or two thousand eighty (2080) hours in. a
calendar year. Every effort will be made to minimize overtime. No employee however,
will be required to work less than four (4) hours per shift. This will not be considered
extra time for the purpose of applying downsizing language.
The following current, full-time employees listed below will continue to exercise the
option to be prescheduled hours up to one thousand, nine hundred and fifty (1,950)
annually in order to accrue a full year of pension credit under the BGH Pension Plan:
a.) Susan Borchert;
b.) Karen Cwalina;
It is understood, the RNs listed below will be grandfathered to maintain their original
hired hours, eighty (80) hours bi-weekly, and will be able to work a fourth (4th) twelve
(12) hour shift per schedule for as long as they work in their current status in CHOB ICU:
a.) Anne Seiler;
b.) Peggy O'Connor;
These hours shall be paid at straight time.
298
Section 4. Units and departments that currently schedule employees in ten (10), ten
and one-half (10 ½), twelve and one-half (12 ½) or thirteen (13) hour shifts, will
continue to schedule employees in that shift for the life of this Agreement. It is
understood that this relates to department scheduling practices only and not individual
employees.
Section 5. The parties further agree that there are units and/or departments that
schedule employees in a combination of eight (8), ten (10), ten and one-half (10 ½),
twelve and one-half (12 ½), and thirteen (13) hour shifts. It is the intent of the Employer
to continue this practice of "combination scheduling".
Section 6. Employees working extended shifts will be allowed to split a shift with the prior
approval of their immediate supervisor.
Section 7. It is agreed to and understood by the parties that for Nurse Practitioners and
Physician Assistants who currently maintain a flexible extended shift schedule, the parties intend
to continue that practice.
Article 95
Bulletin Boards
Section 1. The Employer will maintain the bulletin boards in existence on the effective date
of this Agreement and agree to install and maintain glass enclosed bulletin boards for new
locations, for use by all bargaining units of the Union in designated and appropriate areas within
the Corporation of such size, type, design and location as may be mutually agreed.
Section 2. The following kinds of materials or literature do not require prior advance notice:
a.) notice of Union recreational or social affairs;
b.) notice of Union elections;
c.) notice of Union appointments and results of Union elections;
d.) notice of Union meetings; and
e.) Union educational publications.
Section 3. Bulletin boards will be used for factual and non-controversial material. The
posting of material of a political nature, other than Union elections, of any kind is strictly
prohibited.
Section 4. Upon completion of the construction of the Global Vascular Heart Institute, the
new Skilled Nursing Facility, the new Medical Office Building at Millard Fillmore Suburban
Hospital and any additional future sites where employees represented by the Union are
employed, the parties will tour the facility and mutually select locations for Union bulletin
boards.
299
Article 96
WCHOB Rotoclave
Section 1. A shift differential of one dollar and fifty cents ($1.50) per hour will be paid to:
a.) any employee assigned by the Employer to operate the rotoclave
waste machine for all hours worked on that machine; and
b.) any employee assigned by the Employer to collect, transport, track and coordinate
removal of regulated medical waste for all hours worked in that assignment.
Article 97
WCHOB Non-Nursing Functions
Section 1. The Employer recognizes that Registered Nurses and LPNs should not be
routinely and regularly assigned to perform duties, which the Employer and the Union agree, are
non-nursing duties. The duties not to be performed by RN’s or LPN’s are:
a.) Dusting;
b.) Routine stocking of equipment/nourishment rooms;
c.) Collecting trays;
d.) Transporting of routine lab work;
e.) Emptying linen or garbage;
f.) Routine cleaning of treatment rooms and instruments (except in emergency
situations);
g.) Cleaning of beds
h.) Making admission/discharge beds; and
i.) Routine running of errands on or off floor.
Section 2. It is not the intent of this Article to require a Registered Nurse or LPN as a highly
trained professional to routinely and regularly perform duties normally done by Environmental
Services, Aides, Nurses’
Article 98
WCHOB Non Professional Functions
The Employer recognizes that employees within the Professional bargaining unit should not be
routinely performing or assigned to perform non-professional duties that are not part of their job
description.
300
Article 99
WCHOB Non-Technical Functions
Section 1. The Employer recognizes that Technicians and Technologists should not be
routinely and regularly assigned to perform duties which the Employer and the Union agree are
non-technical duties outside of their job description.
Section 2. It is not the intent of this Article to require a Technician and Technologists as a
highly trained professional to routinely and regularly perform duties normally done by
Environmental Services, Nurse Aides or clerical staff. As a result, the Employer will endeavor
to float or replace them with support personnel.
Section 3. Transfers of patients from the Emergency Department (ED) to the ED Radiology
Room or the ED Radiology Room to the Radiology Department will be done by a technician in
these areas unless patient condition and/or status requires additional assistance.
Article 100
Temporary Positions
Section 1. It is agreed to and understood by the parties that the Employer will post all
temporary vacancies and temporary assignments (including those positions designated as a
special project or assignment). Any employee may apply for and be accepted into a position
which is labeled and posted as a temporary position. Only employees who already have the
competencies to fill the position and who can fill the position without training will be considered.
Section 2. Special Assignments:
a.) If the project is new to the Employer or site the jobs will be filled as per
Article 53 Job Bidding and Transfers.
b.) If the project is new to a department the positions will be offered to
volunteers by seniority. The volunteer list will be posted for seven (7) days.
All employees in the department will be notified of the new position.
c.) If the position is a corporate project it will be posted in all appropriate
bargaining units and filled by Master Agreement seniority as per Article 50,
Seniority.
d.) All employees assigned to a corporate project (a transferred employee) will
remain a member of his/her bargaining unit and will be covered by the terms
and conditions of his/her contract, subject to the following:
(1.) Every employee transferred shall receive his/her current hourly rate
of pay or the rate of pay for the position at the receiving facility,
whichever is higher.
301
(2.) Each will receive a site specific orientation at the new site; and
(3.) Each will be held harmless from any additional cost for parking.
e.) These positions will be posted with a start and end date. A minimum of
seven (7) days’ notice will be provided if the length of the project changes.
Section 3. If the project is extended the employee will have the option to return to his/her
previously held position.
Section 4. All vacancies created by an employee taking a temporary position will be back
filled.
Section 5. Employees filling a temporary position will receive the benefits of that position
while in the temporary position and will return to his/her permanent position when the temporary
position has been filled permanently or deleted.
Article 101
Purchase of Business by Kaleida Health
During 2013 negotiations for a successor agreement the parties had extensive discussions
involving the possible future purchase by Kaleida Health of existing free standing physician
practices, and the integration of such physician practices in Kaleida Health operations and the
melding of the employees from these physician practices into the workforce.
Accordingly, the parties have agreed to the following:
Section 1. Where a Kaleida Health Action involves the purchase of a free standing physician
practice and Kaleida Health will become the Employer for employees covered under existing
titles listed in Article 3 of this Agreement the following procedure will be adhered to:
a.) The Employer will provide notice to the Unions in accordance with the
provisions of Article 55, Section 2.
b.) Such notice shall include a seniority list of all employees currently
employed by the free standing physician practice including name, job title,
wage rate and date of hire.
c.) The Employer and the Unions will meet to discuss the transition of such
affected employees of the free standing physician practice into the
appropriate bargaining unit with the understanding that such employees
will remain in the position or equivalent position under the provisions of
this Agreement they held with the free standing physician practice.
302
Section 2. Such employees of the purchased free standing physicians practice will receive a
Kaleida Health corporate seniority date equal to the date of hire with their current employer and
as defined in Article 50, Seniority, of this Agreement.
In addition to the corporate seniority date discussed herein, these employees will have a master
agreement seniority date, as defined in Article 50 of this Agreement, which shall mean the length
of unbroken service beginning with their most recent date of hire into a covered bargaining unit.
Article 102
Parking
Section 1. The parties recognize the importance of safe, secure parking for employees.
Kaleida Health agreed to work with the Communications Workers of America (CWA 1168), the
International Union of Operating Engineers (IUOE), and the Service Employees International
Union (1199SEIU) regarding parking issues utilizing the current Master Bargaining Contract
language and the existing site parking committees.
Section 2. Current parking arrangements for employees who are presently assigned to work
at Buffalo General Medical Center and HighPointe on Michigan will remain until December 31,
2016. Current parking arrangements for employees assigned to the Women and Children’s
Hospital will remain in effect until the move to the medical campus at the new John R. Oishei
Children’s Hospital is completed. Those employees currently assigned to the clinics within the
Women and Children’s Hospital will be eligible to participate in the new subsidy upon
reassignment to the Conventus Building. The current practice provides employees that pay for
parking in excess of $50 a month by payroll deduction receive a $10 parking subsidy per month.
Section 3. Effective January 1, 2017, Kaleida Health agrees to provide a parking subsidy to
all eligible full time and part time employees who are permanently assigned to work at the
Buffalo General Medical Center and HighPointe on Michigan for the duration of this Master
Agreement. Upon completion of the move to the new John R. Oishei Children’s Hospital, or
reassignment to the Conventus Building, all eligible full time and part time employees who are
permanently assigned to that facility will be entitled to the new parking subsidy for the duration
of this Master Agreement. Employees identified in this section will be eligible to receive the
following monthly parking subsidies:
Tier I W2 Box 1 Earnings: up to $30,000 are eligible for a subsidy of $30.00
Tier II W2 Box 1 Earnings: $30,001 to $47,850 are eligible for a subsidy of $15.00
Tier II W2 Box 1 Earnings: $47,851 and over are eligible for a subsidy of $10.00
*An annual adjustment will be made to apply the subsidy to the appropriate tier for each eligible
employee.
Employees will pay, through payroll deductions on a pre-tax basis, the difference between the
current monthly rate of $89.00 and the employer subsidy referenced above.
303
Parking passes will be issued subject to available capacity at the respective parking facility.
Section 4. If parking rates should increase to greater than $89 per month during the life of
the agreement, the employer agrees to pay the difference between the new rate and the $89 rate
for those employees who elect coverage detailed in section 2. Exception: for those employees
who elect to purchase a Reserved MIGO parking space, the employer will not reimburse any
additional expense should the Reserved MIGO parking price increase.
Section 5. The Goodrich Street Parking Lot/Resident lot at Michigan and North at the
Buffalo General Medical Center will be open for employees to park for free, on a first come first
serve basis, beginning on Friday at 2:00pm until Sunday at 5:30 pm.
Section 6. All parking related issues will be addressed at the site parking committee.
Section 7. Effective January 1, 2017, Kaleida Health agrees to provide a pre-tax
transportation subsidy to all full time and part time employees who are permanently assigned to
work at the Buffalo General Medical Center, HighPointe on Michigan, and the Women and
Children’s Hospital (including the John R. Oishei Children’s Hospital and the Conventus
Building) for the duration of this master agreement to encourage utilization of public
transportation in lieu of facility parking. Employees identified in this section will be eligible to
receive the following monthly transportation subsidies:
Tier I W2 Box 1 Earnings: up to $30,000 are eligible for a subsidy of $40.00
Tier II W2 Box 1 Earnings: $30,001 to $47,850 are eligible for a subsidy of $20.00
Tier III W2 Box 1 Earnings: $47,851 and over are not eligible for a subsidy
*An annual adjustment will be made to apply the subsidy to the appropriate tier for each eligible
employee.
Employees will pay, through payroll deductions on a pre-tax basis, the difference between the
current monthly rate for the NFTA Metra Advantage Pass and the Employer subsidy referenced
above.
The Metro Advantage Pass offers the following advantages:
- Metro Advantage Pass is usable at any time (not just work hours)
- Emergency Ride Home Program
- Online trip scheduling
Section 8. Employees will be allowed to participate in only one subsidy provided under this
article at any time.
304
Article 103
Drug Enforcement Administration (DEA) Numbers
All full-time nurse practitioners and physician assistants who have a DEA number will be
reimbursed by the Employer for all expenses related to the purchase of that number.
All part-time and per diem nurse practitioners and physician assistants who have a DEA number
will be reimbursed by the Employer for all expenses related to the purchase of that number, if the
Employer requires the employee to have the DEA number in the performance of his/her job.
Article 104
Salaried Employees
Salaried employees represented by this Agreement will receive the same lump sum and general
wage increases as the hourly employees.
Article 105
Duration
This Agreement shall be effective as of June 1, 2016 and shall remain in full force and effect
until May 31, 2019 and shall be automatically renewed for one (1) year cycles thereafter unless
either party shall notify the other in writing not less than ninety (90) days prior to the end of any
termination date (or termination date established by an automatic renewal of this agreement) that
it desires to modify this Agreement. In the event that such notice is given, negotiations will
begin at a mutually agreeable time prior to the termination date.
Article 106
Administration of The American with Disabilities Act
Section 1. If an employee, who is not out on a disability or workers’ compensation absence,
presents restrictions or diminished work capabilities, from their health care provider, they will
follow the procedures as stated in The American with Disabilities Act (ADA) Accommodations
for Employees Policy (HR022).
Section 2. When an employee notifies his/her manager or Human Resources of a need for an
accommodation, the employee is advised to complete a Request for Accommodation form and
send the completed form to the Integrated Absence Department. Receipt of this request form will
begin the interactive process as outlined below.
A. Upon receipt of a completed Request for Accommodation form, including any supporting
documentation, Integrated Absence will notify site Human Resources, the employee’s
manager, and Employee Health of the employee’s request. Integrated Absence will be the
coordinator of all ADA/ADAAA requests and accommodations.
305
B. Employee Health will schedule an appointment for the employee within three (3)
business days of notification from Integrated Absence. During this appointment
Employee Health will evaluate the employee to verify the employee’s medical condition
and the need for recommended restrictions. Immediately following the exam, Employee
Health will send site Human Resources the results of the exam. These findings will be
included as part of the ADA record.
C. Upon receipt of the exam results, site Human Resources will review the Request for
Accommodation form and the employee’s job description including duties and
responsibilities. Site Human Resources will engage the employee in an interactive dialog
to discuss what accommodation would allow the employee to perform the essential
functions of his/her job. Site Human Resources will work with the employee’s manager
to decide if the request for accommodation can be provided consistent with the
ADA/ADAAA. Site Human Resources will send a response to the employee with a copy
to the manager and Integrated Absence within seven (7) days of receipt of the exam
results. If the accommodation cannot be made, site Human Resources will provide reason
for denial of the request to the employee, with a copy to the manager and Integrated
Absence. This communication will be made by way of the Human Resources Interactive
Process form.
D. Integrated Absence will send an ADA/ADAA closure notification to the employee,
employee’s manager and site Human Resources when the accommodation period ends.
This notification will offer the employee an opportunity to provide medical
documentation to support continuation of his/her accommodation period.
E. Integrated Absence will retain all ADA/ADAA records.
F. If the accommodation requires use of a service animal, see policy IC.1, Visitation of
Service Animals.
Section 3. The employer will offer a Union representative to be present during the ADA
interactive process.
Article 107
Patient Staffing Plan
Section 1. The Employer agrees to increase staffing levels in the below specified FTE
amounts at each of the below specified sites. The Union and the Employer agree that increasing
current staffing levels in the FTE amounts specified below will require significant time and effort
to implement including recruitment, hiring, and orientation. To accommodate that, the parties
agree that implementation of this article will begin by January 1, 2017, and that full compliance
will be accomplished by December 31, 2019.
306
The Employer and the Unions will meet and discuss where the positions will be assigned, what
shift and whether the position will be full-time or part-time.
Section 2. Additional Staffing Plan
BGMC:
Registered Nurses - 67 additional FTEs
Non- RN - 23 additional FTEs
WCHOB:
Registered Nurses - 14 additional FTEs
Non-RN - 13 additional FTEs
MFS:
Registered Nurses - 12 additional FTEs
Non-RN - 3 additional FTEs
DeGraff:
Registered Nurses - 2 additional FTEs
A subcommittee of the Corporate Staffing Committee will meet within 60 days of ratification of
this agreement to review the staffing needs of LTC. A report will be presented at the first
Corporate Staffing Committee meeting following the subcommittee meeting.
Section 3. The parties agree and understand that the above listed FTEs are to be created over
and above positions already existing at the ratification of this agreement.
Section 4. The parties agree and understand that, because the above listed FTEs are intended
to increase the staffing of the system, the employer shall begin the posting process at the external
phase of the process. Positions intended to meet the above staffing requirements (as opposed to
already-existing positions) will be marked and tracked as such.
Section 5. Individuals hired into positions marked under section 4 of this article will be
required to remain at their site for a period of two (2) years of active work.
Section 6. Upon ratification of this agreement, the Employer will take a snap-shot of current
staffing, inclusive of all vacancies. The Employer will continue to fill vacancies and staff to the
current grids/fixed staffing schedules.
307
Appendix A
Clerical Employees Salaries
Section 1.
a.) This schedule will be in effect June 1, 2016 for all employees hired before July
31, 2011 and will represent a two percent (2%) increase of the base rate.
Grade
Start
Rate
1st
Anniv
2nd
Anniv
3rd
Anniv
4th
Anniv
8th
Anniv
12th
Anniv
16th
Anniv
20th
Anniv
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
C1
15.20
15.66
16.12
16.60
17.11
17.63
18.15
18.71
19.25
C2
15.88
16.36
16.86
17.35
17.87
18.42
18.95
19.54
20.12
C3
16.21
16.71
17.21
17.72
18.23
18.80
19.35
19.94
20.54
C4
16.92
17.41
17.92
18.47
19.01
19.57
20.18
20.78
21.41
C5
17.32
17.82
18.36
18.90
19.47
20.05
20.66
21.29
21.91
C6
18.76
19.31
19.91
20.50
21.11
21.76
22.40
23.06
23.76
C7
19.33
19.92
20.51
21.12
21.77
22.41
23.08
23.78
24.49
C8
19.77
20.37
20.96
21.60
22.25
22.92
23.61
24.31
25.04
C9
20.21
20.80
21.42
22.06
22.73
23.41
24.10
24.82
25.57
C10
21.26
21.88
22.54
23.23
23.92
24.63
25.38
26.13
26.92
C11
22.13
22.79
23.46
24.17
24.89
25.64
26.41
27.21
28.03
C12
23.70
24.42
25.15
25.91
26.69
27.49
28.32
29.15
30.03
C12A
24.72
25.44
26.17
26.93
27.71
28.51
29.34
30.17
31.05
C13
24.88
25.63
26.39
27.20
28.00
28.85
29.70
30.59
31.51
C13A
25.90
26.65
27.41
28.22
29.02
29.87
30.72
31.61
32.53
b.) This schedule will be effective July 1, 2017 for all employees hired prior to July
31, 2011 and will represent a three percent (3%) increase of the base rate.
Grade
Start
Rate
1st
Anniv
2nd
Anniv
3rd
Anniv
4th
Anniv
8th
Anniv
12th
Anniv
16th
Anniv
20th
Anniv
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
C1
15.66
16.13
16.60
17.10
17.62
18.16
18.69
19.27
19.83
C2
16.36
16.85
17.37
17.87
18.41
18.97
19.52
20.13
20.72
C3
16.70
17.21
17.73
18.25
18.78
19.36
19.93
20.54
21.16
C4
17.43
17.93
18.46
19.02
19.58
20.16
20.79
21.40
22.05
C5
17.84
18.35
18.91
19.47
20.05
20.65
21.28
21.93
22.57
C6
19.32
19.89
20.51
21.12
21.74
22.41
23.07
23.75
24.47
C7
19.91
20.52
21.13
21.75
22.42
23.08
23.77
24.49
25.22
C8
20.36
20.98
21.59
22.25
22.92
23.61
24.32
25.04
25.79
C9
20.82
21.42
22.06
22.72
23.41
24.11
24.82
25.56
26.34
C10
21.90
22.54
23.22
23.93
24.64
25.37
26.14
26.91
27.73
C11
22.79
23.47
24.16
24.90
25.64
26.41
27.20
28.03
28.87
C12
24.41
25.15
25.90
26.69
27.49
28.31
29.17
30.02
30.93
308
C12A
25.46
26.20
26.96
27.74
28.54
29.37
30.22
31.08
31.98
C13
25.63
26.40
27.18
28.02
28.84
29.72
30.59
31.51
32.46
C13A
26.68
27.45
28.23
29.07
29.89
30.77
31.64
32.56
33.51
c.) This schedule will be effective June 1, 2018 for all employees hired prior to July
31, 2011 and will represent a three percent (3%) increase of the base rate.
Grade
Start
Rate
1st
Anniv
2nd
Anniv
3rd
Anniv
4th
Anniv
8th
Anniv
12th
Anniv
16th
Anniv
20th
Anniv
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
C1
16.13
16.61
17.10
17.61
18.15
18.70
19.25
19.85
20.42
C2
16.85
17.36
17.89
18.41
18.96
19.54
20.11
20.73
21.34
C3
17.20
17.73
18.26
18.80
19.34
19.94
20.53
21.16
21.79
C4
17.95
18.47
19.01
19.59
20.17
20.76
21.41
22.04
22.71
C5
18.38
18.90
19.48
20.05
20.65
21.27
21.92
22.59
23.25
C6
19.90
20.49
21.13
21.75
22.39
23.08
23.76
24.46
25.20
C7
20.51
21.14
21.76
22.40
23.09
23.77
24.48
25.22
25.98
C8
20.97
21.61
22.24
22.92
23.61
24.32
25.05
25.79
26.56
C9
21.44
22.06
22.72
23.40
24.11
24.83
25.56
26.33
27.13
C10
22.56
23.22
23.92
24.65
25.38
26.13
26.92
27.72
28.56
C11
23.47
24.17
24.88
25.65
26.41
27.20
28.02
28.87
29.74
C12
25.14
25.90
26.68
27.49
28.31
29.16
30.05
30.92
31.86
C12A
26.22
26.99
27.77
28.57
29.40
30.25
31.13
32.01
32.94
C13
26.40
27.19
28.00
28.86
29.71
30.61
31.51
32.46
33.43
C13A
27.48
28.27
29.08
29.94
30.79
31.69
32.59
33.54
34.52
Section 2.
a.) This schedule will be in effect June 1, 2016 for all employees hired on or after
July 31, 2011 and will represent a two percent (2%) increase of the base rate.
Grade
Start
Rate
1st
Anniv
2nd
Anniv
3rd
Anniv
4th
Anniv
Step 1
Step 2
Step 3
Step 4
Step 5
C1
12.92
13.56
14.24
14.95
17.11
C2
13.49
14.17
14.88
15.63
17.87
C3
13.77
14.46
15.19
15.94
18.23
C4
14.38
15.10
15.85
16.65
19.01
C5
14.72
15.46
16.23
17.03
19.47
C6
15.93
16.73
17.56
18.45
21.11
C7
16.43
17.26
18.13
19.02
21.77
C8
16.80
17.65
18.52
19.45
22.25
C9
17.16
18.02
18.92
19.87
22.73
C10
18.06
18.96
19.93
20.92
23.92
309
C11
18.82
19.75
20.74
21.78
24.89
C12
20.16
21.17
22.22
23.33
26.69
C12A
21.18
22.19
23.24
24.35
27.71
C13
21.14
22.20
23.31
24.49
28.00
C13A
22.16
23.22
24.33
25.51
29.02
b.) This schedule will be in effect July 1, 2017 for all employees hired on or after
July 31, 2011 and will represent a three percent (3%) increase of the base rate.
Grade
Start
Rate
1st
Anniv
2nd
Anniv
3rd
Anniv
4th
Anniv
Step 1
Step 2
Step 3
Step 4
Step 5
C1
13.31
13.97
14.67
15.40
17.62
C2
13.89
14.60
15.33
16.10
18.41
C3
14.18
14.89
15.65
16.42
18.78
C4
14.81
15.55
16.33
17.15
19.58
C5
15.16
15.92
16.72
17.54
20.05
C6
16.41
17.23
18.09
19.00
21.74
C7
16.92
17.78
18.67
19.59
22.42
C8
17.30
18.18
19.08
20.03
22.92
C9
17.67
18.56
19.49
20.47
23.41
C10
18.60
19.53
20.53
21.55
24.64
C11
19.38
20.34
21.36
22.43
25.64
C12
20.76
21.81
22.89
24.03
27.49
C12A
21.82
22.86
23.94
25.08
28.54
C13
21.77
22.87
24.01
25.22
28.84
C13A
22.82
23.92
25.06
26.28
29.89
c.) This schedule will be in effect June 1, 2018 for all employees hired on or after
July 31, 2011 and will represent a three percent (3%) increase of the base rate.
Grade
Start
Rate
1st
Anniv
2nd
Anniv
3rd
Anniv
4th
Anniv
Step 1
Step 2
Step 3
Step 4
Step 5
C1
13.71
14.39
15.11
15.86
18.15
C2
14.31
15.04
15.79
16.58
18.96
C3
14.61
15.34
16.12
16.91
19.34
C4
15.25
16.02
16.82
17.66
20.17
C5
15.61
16.40
17.22
18.07
20.65
C6
16.90
17.75
18.63
19.57
22.39
C7
17.43
18.31
19.23
20.18
23.09
C8
17.82
18.73
19.65
20.63
23.61
C9
18.20
19.12
20.07
21.08
24.11
310
C10
19.16
20.12
21.15
22.20
25.38
C11
19.96
20.95
22.00
23.10
26.41
C12
21.38
22.46
23.58
24.75
28.31
C12A
22.47
23.55
24.66
25.83
29.40
C13
22.42
23.56
24.73
25.98
29.71
C13A
23.50
24.64
25.81
27.07
30.79
It is also the Union’s Proposal to be on path toward the fifteen dollar ($15.00) minimum
wage by December 31, 2021.
Section 3. Lead pay will be paid to an employee when the normal manager or supervisor is
absent or the employee has been assigned lead responsibilities and lead responsibilities are not
part of the employee’s existing job description. Lead pay differential shall be one dollar and
fifty cents ($1.50) per hour for all hours worked in that assignment.
Section 4. Shift Differential shall be:
a.) $ 1.40 per hour for the evening shift; and
b.) $ 1.70 per hour for the night shift.
Section 5. In addition to the base pay, trainer payment of two dollars ($2.00) per hour shall
be paid for all time that an employee is assigned training duties.
Section 6. Effective the first pay period of June 2016, float Pool employees will be paid a
differential of two dollars ($2.00) per hour for all hours worked as a float pool employee.
Section 7. The right to begin new employees in the above Step 1 through Step 5, based on
the Employer’s assessment of that employee’s prior related experience, is reserved to the
Employer.
Section 8. Increases to Step 2 through Step 5 shall occur on the first day of the payroll period
following the appropriate anniversary date of the employee’s assignment to that Step.
Section 9. Increases to Step 6 through Step 9 shall occur on the first day of the payroll period
following the employee’s eighth (8
th
), twelfth (12
th
), sixteenth (16
th
) and twentieth (20
th
)
anniversary date, respective of continuous service for the Employer.
Section 10. When an employee is demoted he/she shall change wage levels, but remain in the
Step to which he/she was assigned at the time of such transfer. Such employees will continue to
move up in Steps as provided for above.
Section 11. When an employee is promoted, he/she shall be placed in the appropriate step
which will not be less than five percent (5%) or more than a ten percent (10%) increase and will
be not less than Step 1 for the new job. If there is more than one step in the five percent (5%) to
ten percent (10%) range, the employee will be placed at the highest step. Such employees will
311
continue to move up in Steps as provided in Sections 6. and 7. above. Except that employees
who are in Step 6 through 9 shall only move back one Step upon receiving a promotion provided
that move results in a ten percent (10%) or greater increase. After such promotion, these
employees will be advanced as follows: This section will not apply to same job title transfers
from Appendix G.
a.) The employee with twenty (20) years of service will advance to Step 9 one (1)
year from the date of promotion.
b.) The employee with sixteen (16) years of service will advance to Step 8 one (1)
year from the date of promotion.
c.) The employee with twelve (12) years of service will advance to Step 7 one (1)
year from the date of promotion.
d.) The employee with at least eight (8) years of service but less than twelve (12)
years will advance to Step 6 one (1) year from the date of promotion and to Step 7
upon reaching twelve (12) years of continuous service.
If an employee attains the years of service to advance to the next longevity Step during the “one
(1) year’ referred to above, the employee will remain at his/her current Step for the remainder of
the year. Once the year has been completed, the employee will move to the Step on the wage
scale that corresponds with his/her years of service.
Section 12. If an employee is floated to an area, and works in a job title that is at a higher
grade than the position they are floating from, they will be paid at the higher grade, at his/her
current step on the wage scale for all hours worked in that capacity.
Section 13. Paycheck errors of three (3) hours of pay or more will be corrected with a
supplemental check upon request within two (2) business days.
Section 14. The job titles listed below are intended to classify and identify employees who
work a majority of time on the titled job. The Employer may during the term of this Agreement
create new jobs or combine or eliminate existing jobs. When new or combined jobs are created,
the Employer will, after discussion with the Union, assign that job to one of the wage levels
listed in Section 1. If the Union disagrees with the wage level set by the Employer, it may file a
grievance at Step 2 of the grievance procedure provided it does so within twenty (20) calendar
days from the date on which the new rate is set and announced. If the grievance proceeds to
arbitration, the arbitration shall be limited to the placement of such new or combined jobs in one
of the wage levels listed in Section 1. Employees assigned to the new job will be paid at the rate
set by the Employer and if the rate is changed as a result of the grievance such changed rate shall
be retroactive to date the employee began to receive the rate set by the Employer. All new or
combined jobs shall be posted in accordance with the Job Bidding and Transfers Article of this
Agreement.
312
JOB TITLES:
Grade C1
Guest Relations Specialist
Visitor Control Clerk
Grade C2
File Clerk
Dietary Clerk
Service Response Center Representative
Grade C3
Health Information Clerk I
Laboratory Receptionist
Library Assistant
Trauma Registrar
Grade C4
Clerk Typist (non-registration)
Document Imaging Record Processor
Greeter
Health Information Clerk II
Office Support Clerk
Record Archive Clerk
Tumor Registry Clerk
Warehouse Archive Clerk
Grade C5
Community Health Navigator
Emergency Department Acquisition Clerk
Medical Secretary
Patient Receptionist/Registration
Registration Coordinator
Secretary
Staffing Secretary
Translator/Receptionist
Unit Secretary
Grade C6
Billing Collection Analyst II
Cardiac Billing Statistical Analyst
Corporate Bed Desk Coordinator
Home Patient Representative
Imaging Service Biller
Medical Secretary Senior
Medical Transcriptionist
313
Outpatient Diagnostic Coder
Patient Access Service Representative
Patient Financial Clearance Representative
Patient Financial Counseling Representative
Patient Financial Services Representative
Patient Reception-Registration – Patient Access
Patient Registration Representative
Patient/Client Representative
Performance Management Associate
PFS Rep – Accounts Receivable Billing and Collection
PFS Rep – Call Center
PFS Rep – Cash Posting
PFS Rep – Cashier
PFS Rep – Quality Enhancement
Scheduling Secretary Operating Room
Support Staff
Transcriptionist/Editor
Translator/Registration
Grade C7
Cardiac Services Chart Analyst Abstractor
Neuro Abstractor Analyst
Physician Ancillary Service Coder
Grade C8
Grade C9
Outpatient Coding Specialist
Grade C10
Grade C11
Grade C12
Tumor Registrar
Grade C12A
Coding Specialist (Current rate)
Grade C13
Certified Tumor Registrar
Grade 13A
Lead Coding Specialist (Current rate)
314
Appendix B
Maintenance Employees Salaries
Section 1.
a.) This schedule will be in effect June 1, 2016 for all employees and will represent a
two percent (2%) increase of the base rate.
Grade
Start
Rate
1st
Anniv
2nd
Anniv
3rd
Anniv
4th
Anniv
8th
Anniv
12th
Anniv
16th
Anniv
20th
Anniv
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
M01
14.59
15.01
15.48
15.93
16.25
16.58
16.92
17.25
17.75
M02
14.87
15.31
15.78
16.25
16.58
16.92
17.25
17.61
18.13
M03
18.36
18.90
19.47
20.05
20.44
20.88
21.29
21.72
22.36
M04
19.17
19.73
20.33
20.94
21.37
21.79
22.23
22.67
23.35
M05
21.43
22.07
22.74
23.41
23.89
24.36
24.86
25.36
26.11
M06
23.94
24.66
25.40
26.15
26.70
27.22
27.77
28.34
29.16
b.) This schedule will be effective July 1, 2017 for all employees and will represent a
three percent (3%) increase of the base rate.
Grade
Start
Rate
1st
Anniv
2nd
Anniv
3rd
Anniv
4th
Anniv
8th
Anniv
12th
Anniv
16th
Anniv
20th
Anniv
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
M01
15.03
15.46
15.94
16.41
16.74
17.08
17.43
17.77
18.28
M02
15.32
15.77
16.25
16.74
17.08
17.43
17.77
18.14
18.67
M03
18.91
19.47
20.05
20.65
21.05
21.51
21.93
22.37
23.03
M04
19.75
20.32
20.94
21.57
22.01
22.44
22.90
23.35
24.05
M05
22.07
22.73
23.42
24.11
24.61
25.09
25.61
26.12
26.89
M06
24.66
25.40
26.16
26.93
27.50
28.04
28.60
29.19
30.03
c.) This schedule will be effective June 1, 2018 for all employees and will represent a
three percent (3%) increase of the base rate.
Grade
Start
Rate
1st
Anniv
2nd
Anniv
3rd
Anniv
4th
Anniv
8th
Anniv
12th
Anniv
16th
Anniv
20th
Anniv
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
M01
15.48
15.92
16.42
16.90
17.24
17.59
17.95
18.30
18.83
M02
15.78
16.24
16.74
17.24
17.59
17.95
18.30
18.68
19.23
M03
19.48
20.05
20.65
21.27
21.68
22.16
22.59
23.04
23.72
M04
20.34
20.93
21.57
22.22
22.67
23.11
23.59
24.05
24.77
M05
22.73
23.41
24.12
24.83
25.35
25.84
26.38
26.90
27.70
M06
25.40
26.16
26.94
27.74
28.33
28.88
29.46
30.07
30.93
315
It is also the Union’s Proposal to be on path toward the fifteen dollar ($15.00) minimum
wage by December 31, 2021.
Section 2. Lead pay will be paid to an employee when the normal manager or supervisor is
absent or the employee has been assigned lead responsibilities and lead responsibilities are not
part of the employee’s existing job description. Lead Pay differential shall be one dollar and
fifty cents ($1.50) per hour for all hours worked in that assignment.
Section 3. Shift Differential shall be:
a.) $ 1.40 per hour for the evening shift; and
b.) $ 1.70 per hour for the night shift.
Section 4. In addition to the base pay, trainer payment of two dollars ($2.00) per hour shall
be paid for all time that an employee is assigned training duties.
Section 5. The right to begin new employees in the above Step 1 through Step 5, based on
the Employer’s assessment of that employee’s prior related experience, is reserved to the
Employer.
Section 6. Increases to Step 2 through Step 5 shall occur on the first day of the payroll period
following the appropriate anniversary date of the employee’s assignment to that Step.
Section 7. Increases to Step 6 through Step 9 shall occur on the first day of the payroll period
following the employee’s eighth (8
th
), twelfth (12
th
), sixteenth (16
th
), twentieth (20
th
) anniversary
date, respective of continuous service for the Employer.
Section 8. When an employee is demoted he/she shall change wage levels, but remain in the
Step to which he/she was assigned at the time of such transfer. Such employees will continue to
move up in Steps as provided for above.
Section 9. When an employee is promoted, he/she shall be placed in the appropriate step
which will not be less than five percent (5%) or more than a ten percent (10%) increase and will
be not less than Step 1 for the new job. If there is more than one (1) step in the five percent (5%)
to ten percent (10%) range, the employee will be placed at the highest step. Such employees will
continue to move up in Steps as provided in Sections 6. and 7. above. Except that employees
who are in Step 6 through 9 shall only move back one Step upon receiving a promotion. After
such promotion, these employees will be advanced as follows:
a.) The employee with twenty (20) years of service will advance to Step 9 one (1)
year from the date of promotion.
b.) The employee with sixteen (16) years of service will advance to Step 8 one (1)
year from the date of promotion.
316
c.) The employee with twelve (12) years of service will advance to Step 7 one (1)
year from the date of promotion.
d.) The employee with at least eight (8) years of service but less than twelve (12)
years will advance to Step 6 one (1) year from the date of promotion, to Step 7
upon reaching twelve (12) years of continuous service and to Step 8 upon
reaching sixteen (16) years of continuous service.
If an employee attains the years of service to advance to the next longevity Step during the “one
(1) year’ referred to above, the employee will remain at his/her current Step for the remainder of
the year. Once the year has been completed, the employee will move to the Step on the wage
scale that corresponds with his/her years of service.
Section 10. If an employee is floated to an area, and works in a job title, which is at a higher
grade than the position they are floating from, he/she will be paid at the higher grade, at his/her
current step on the wage scale for all hours worked in that capacity.
Section 11. Paycheck errors of three (3) hours of pay or more will be corrected with a
supplemental check upon request within two (2) business days.
Section 12. The job titles listed below are intended to classify and identify employees who
work a majority of time on the titled job. The Employer may during the term of this Agreement
create new jobs or combine or eliminate existing jobs. When new or combined jobs are created,
the Employer will, after discussion with the Union, assign that job to one of the wage levels
listed in Section 1. If the Union disagrees with the wage level set by the Employer, it may file a
grievance at Step 2 of the grievance procedure provided it does so within twenty (20) calendar
days from the date on which the new rate is set and announced. If the grievance proceeds to
arbitration, the arbitration shall be limited to the placement of such new or combined jobs in one
of the wage levels listed in Section 1. Employees assigned to the new job will be paid at the rate
set by the Employer and if the rate is changed as a result of the grievance such changed rate shall
be retroactive to date the employee began to receive the rate set by the Employer. All new or
combined jobs shall be posted in accord with the Job Bidding and Transfers Article of this
Agreement.
JOB TITLES:
Grade M1
Groundskeeper
Grade M2
Maintenance Helper
Storage Room Clerk
Grade M3
Painter B
317
Grade M4
Maintenance Worker
Grade M5
Carpenter B
Maintenance Mechanic B
Painter A
Plumber B
Grade M6
Carpenter A
Electrician A
Electrician A (80 Hour)
Facilities Inventory Specialist
Maintenance Engineer
Maintenance Mechanic A
Plumber A
Refrigeration Mechanic A
Shift Engineer
Stationary Engineer
318
Appendix C
Professional Employee Salaries
Section 1.
a.) This schedule will be in effect June 1, 2016 for all employees and will represent a
two percent (2%) increase of the base rate.
Grade
Start
Rate
1st
Anniv
2nd
Anniv
3rd
Anniv
4th
Anniv
8th
Anniv
12th
Anniv
16th
Anniv
20th
Anniv
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
P01
18.76
19.31
19.91
20.51
21.11
21.74
22.40
23.05
23.74
P02
22.11
22.79
23.50
24.17
24.89
25.64
26.40
27.21
28.03
P03
23.70
24.42
25.15
25.91
26.69
27.49
28.32
29.15
30.03
P04
23.89
24.60
27.09
27.88
28.73
29.60
30.48
32.32
33.29
P05
27.00
27.82
28.63
29.50
30.39
31.30
32.23
33.21
34.19
P06
28.09
28.95
29.81
30.71
31.64
32.57
33.55
34.54
35.58
P07
28.98
29.85
30.75
31.67
32.63
33.60
34.61
35.63
36.70
P08
31.02
31.94
32.91
33.88
34.89
35.93
37.03
38.13
39.27
P09
32.15
33.12
34.09
35.12
36.16
37.26
38.36
39.51
40.70
P10
33.28
34.28
35.27
36.33
37.42
38.54
39.71
40.90
42.13
P11
34.40
35.43
36.51
37.61
38.73
39.88
41.08
42.31
43.58
P12
36.81
37.93
39.07
40.22
41.44
42.69
43.95
45.28
46.64
P13
40.19
41.37
42.62
43.92
45.22
46.57
47.98
49.41
50.90
P13A
46.93
48.31
49.77
51.27
52.81
54.40
56.06
57.68
59.43
P14
49.32
50.20
51.12
52.04
53.11
54.40
57.39
59.70
61.49
P15
64.07
65.05
66.07
67.09
68.15
69.21
70.30
71.38
73.52
P16
65.98
67.00
68.04
69.12
70.20
71.29
72.41
73.52
75.72
b.) This schedule will be effective July 1, 2017 for all employees and will represent a
three percent (3%) increase of the base rate.
Grade
Start
Rate
1st
Anniv
2nd
Anniv
3rd
Anniv
4th
Anniv
8th
Anniv
12th
Anniv
16th
Anniv
20th
Anniv
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
P01
19.32
19.89
20.51
21.13
21.74
22.39
23.07
23.74
24.45
P02
22.77
23.47
24.21
24.90
25.64
26.41
27.19
28.03
28.87
P03
24.41
25.15
25.90
26.69
27.49
28.31
29.17
30.02
30.93
P04
24.61
25.34
27.90
28.72
29.59
30.49
31.39
33.29
34.29
P05
27.81
28.65
29.49
30.39
31.30
32.24
33.20
34.21
35.22
P06
28.93
29.82
30.70
31.63
32.59
33.55
34.56
35.58
36.65
P07
29.85
30.75
31.67
32.62
33.61
34.61
35.65
36.70
37.80
P08
31.95
32.90
33.90
34.90
35.94
37.01
38.14
39.27
40.45
P09
33.11
34.11
35.11
36.17
37.24
38.38
39.51
40.70
41.92
319
P10
34.28
35.31
36.33
37.42
38.54
39.70
40.90
42.13
43.39
P11
35.43
36.49
37.61
38.74
39.89
41.08
42.31
43.58
44.89
P12
37.91
39.07
40.24
41.43
42.68
43.97
45.27
46.64
48.04
P13
41.40
42.61
43.90
45.24
46.58
47.97
49.42
50.89
52.43
P13A
48.34
49.76
51.26
52.81
54.39
56.03
57.74
59.41
61.21
P14
50.80
51.71
52.65
53.60
54.70
56.03
59.11
61.49
63.33
P15
65.99
67.00
68.05
69.10
70.19
71.29
72.41
73.52
75.73
P16
67.96
69.01
70.08
71.19
72.31
73.43
74.58
75.73
77.99
c.) This schedule will be effective June 1, 2018 for all employees and will represent a
three percent (3%) increase of the base rate.
Grade
Start
Rate
1st
Anniv
2nd
Anniv
3rd
Anniv
4th
Anniv
8th
Anniv
12th
Anniv
16th
Anniv
20th
Anniv
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
P01
19.90
20.49
21.13
21.76
22.39
23.06
23.76
24.45
25.18
P02
23.45
24.17
24.94
25.65
26.41
27.20
28.01
28.87
29.74
P03
25.14
25.90
26.68
27.49
28.31
29.16
30.05
30.92
31.86
P04
25.35
26.10
28.74
29.58
30.48
31.40
32.33
34.29
35.32
P05
28.64
29.51
30.37
31.30
32.24
33.21
34.20
35.24
36.28
P06
29.80
30.71
31.62
32.58
33.57
34.56
35.60
36.65
37.75
P07
30.75
31.67
32.62
33.60
34.62
35.65
36.72
37.80
38.93
P08
32.91
33.89
34.92
35.95
37.02
38.12
39.28
40.45
41.66
P09
34.10
35.13
36.16
37.26
38.36
39.53
40.70
41.92
43.18
P10
35.31
36.37
37.42
38.54
39.70
40.89
42.13
43.39
44.69
P11
36.49
37.58
38.74
39.90
41.09
42.31
43.58
44.89
46.24
P12
39.05
40.24
41.45
42.67
43.96
45.29
46.63
48.04
49.48
P13
42.64
43.89
45.22
46.60
47.98
49.41
50.90
52.42
54.00
P13A
49.79
51.25
52.80
54.39
56.02
57.71
59.47
61.19
63.05
P14
52.32
53.26
54.23
55.21
56.34
57.71
60.88
63.33
65.23
P15
67.97
69.01
70.09
71.17
72.30
73.43
74.58
75.73
78.00
P16
70.00
71.08
72.18
73.33
74.48
75.63
76.82
78.00
80.33
It is also the Union’s Proposal to be on path toward the fifteen dollar ($15.00) minimum
wage by December 31, 2021.
Section 2. In addition to his/her base pay, a charge or lead payment shall be paid for all time
that an employee is in charge or takes on the responsibility of lead duties. Charge/lead pay
differential shall be two dollars ($2.00) per hour for all hours worked in that assignment.
320
Section 3. Shift Differential shall be
a.) $ 1.40 per hour for the evening shift; and
b.) $ 1.70 per hour for the night shift.
Shift Differential for Pharmacists shall be:
a.) $5.00 per hour for the evening shift; and
b.) $7.00 per hour for the night shift.
Section 4. In addition to the base pay, trainer payment of two dollars ($2.00) per hour shall
be paid for all time that an employee is assigned training duties.
Section 5. The right to begin new employees in the above Step 1 through Step 5, based on
the Employer's assessment of that employee's prior related experience, is reserved to the
Employer.
Section 6. Increases to Step 2 through Step 5 shall occur on the first day of the payroll period
following the appropriate anniversary date of the employee's assignment to that Step.
Section 7. Increases to Step 6 through Step 9 shall occur on the first day of the payroll period
following the employee's eighth (8
th
), twelfth (12
th
), sixteenth (16
th
) and twentieth (20
th
)
anniversary date, respective of continuous service in their position for the Employer in a
professional position.
Section 8. When an employee is demoted he/she shall change wage levels, but remain in the
Step to which he/she was assigned at the time of such transfer. Such employees will continue to
move up in Steps as provided for above.
Section 9. When an employee is promoted, he/she shall be placed in the appropriate step
which will not be less than five percent (5%) or more than a ten percent (10%) increase and will
be not less than Step 1 for the new job. If there is more than one step in the five percent (5%) to
ten percent (10%) range, the employee will be placed at the highest step. Such employees will
continue to move up in Steps as provided in Sections 6. and 7. above. Except that employees
who are in Step 6 through 9 shall only move back one Step upon receiving a promotion. After
such promotion, these employees will be advanced as follows:
a.) The employee with twenty (20) years of service will advance to Step 9 one (1)
year from the date of promotion.
b.) The employee with sixteen (16) years of service will advance to Step 8 one (1)
year from the date of promotion.
c.) The employee with twelve (12) years of service will advance to Step 7 one (1)
year from the date of promotion.
321
d.) The employee with at least eight (8) years of service but less than twelve (12)
years will advance to Step 6 one (1) year from the date of promotion and to Step 7
upon reaching twelve (12) years of continuous service.
If an employee attains the years of service to advance to the next longevity Step during the “one
(1) year” referred to above, the employee will remain at his/her current Step for the remainder of
the year. Once the year has been completed, the employee will move to the Step on the wage
scale that corresponds with his/her years of service.
Section 10. If an employee is floated to an area, and works in a job title, which is at a higher
grade than the position they are floating from, they will be paid at the higher grade, at his/her
current step on the wage scale for all hours worked in that capacity.
Section 11. Paycheck errors of three (3) hours of pay or more will be corrected with a
supplemental check upon request within two (2) business days.
Section 12. The job titles listed below are intended to classify and identify employees who
work a majority of time on the titled job. The Employer may during the term of this Agreement
create new jobs or combine or eliminate existing jobs. When new or combined jobs are created,
the Employer will, after discussion with the Union, assign that job to one of the wage levels
listed in Section 1. If the Union disagrees with the wage level set by the Employer, it may file a
grievance at Step 2 of the grievance procedure provided it does so within twenty (20) calendar
days from the date on which the new rate is set and announced. If the grievance proceeds to
arbitration, the arbitration shall be limited to the placement of such new or combined jobs in one
of the wage levels listed in Section 1. Employees assigned to the new job will be paid at the rate
set by the Employer and if the rate is changed as a result of the grievance such changed rate shall
be retroactive to date the employee began to receive the rate set by the Employer. All new or
combined jobs shall be posted in accordance with the Job Bidding and Transfers Article of this
Agreement.
JOB TITLES
Grade P1
Grade P2
Child Life Specialist
Community Educator
Education Counselor
Teacher (BS)
Grade P3
Exercise Physiologist
Exercise Specialist
Financial Counselor/Social Work (BSW)
Recreational Therapist
322
Social Worker (BSW)
Staff Counselor I
Staff Counselor Out Patient Behavioral Health
Transition Placement Coach
Grade P4
Coordinator Early Intervention
Education Coordinator
Teacher (MS)
WIC Nutritionist
Grade P5
Clinical Dietician
Librarian
Grade P6
Lead Clinical Dietitian
Lead Counselor (BS)
Lead Social Worker (BSW)
Lead WIC Nutritionist
Long Term Care Financial Specialist
Nutritional Support Service Dietitian
Social Worker (MSW)
Staff Counselor II (MS)
Staff Counselor II, Case Management MICAID
Grade P7
Clinical Laboratory Scientist
Clinical Service Representative
Licensed Clinical Social Worker
Point of Care Liaison
Speech CFY
Staff Counselor III
Grade P8
Lead Staff Counselor II
Lead Staff Counselor III
Senior Clinical Laboratory Scientist
Staff Counselor IV (CSW w/R required)
Grade P9
Audiologist
Cytotechnologist
Lead Counselor IV (CSW w/R required)
Lead Counselor IV Adult OP Service
Lead Counselor IV Case Management
323
Lead Counselor IV Continuing Day Treatment
Lead Clinical Laboratory Scientist
Occupational Therapist
Poison Control Specialist
Psychologist (Unlicensed)
Speech Language Pathologist
Grade P10
Hand Therapy Team Leader
Lead Occupational Therapist
Lead Speech Pathologist
Physical Therapist
Grade P11
Lead Counselor V
Lead Cytotechnologist
Lead Physical Therapist
Grade P12
Graduate Pharmacist
Grade P13
Marriage and Family Counselor
Marriage Family Therapy Licensed
Psychologist (Licensed)
Grade P13A
Lead Psychologist CS
Physician’s Assistant
Grade P14
Physician’s Assistant NICU (wage would be equal to RN6 with Step 6 equal to P13A)
Grade P15
Staff Pharmacist
Grade P16
Clinical Pharmacy Coordinator
Clinical Staff Pharmacist
324
Appendix D
Registered Nurse Salaries
Section 1.
a.) This schedule will be in effect June 1, 2016 for all employees and will represent a
two percent (2%) increase of the base rate.
Grade
Start
Rate
1st
Anniv
2nd
Anniv
3rd
Anniv
4th
Anniv
8th
Anniv
12th
Anniv
16th
Anniv
20th
Anniv
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
RN2
30.03
30.29
30.82
31.42
35.73
40.09
40.76
41.54
42.79
RN3
33.12
33.75
34.40
35.08
39.28
40.09
40.76
41.54
42.79
RN4
36.52
37.25
37.95
38.67
41.35
42.15
42.92
43.70
45.00
RN5
46.97
47.82
48.69
49.55
50.58
51.55
54.67
56.85
58.57
RN5A
46.97
48.31
49.77
51.27
52.80
54.39
56.06
57.68
59.42
RN6
49.32
50.20
51.12
52.04
53.11
54.13
57.40
59.70
61.50
b.) This schedule will be effective July 1, 2017 for all employees and will represent a
three percent (3%) increase of the base rate.
Grade
Start
Rate
1st
Anniv
2nd
Anniv
3rd
Anniv
4th
Anniv
8th
Anniv
12th
Anniv
16th
Anniv
20th
Anniv
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
RN2
30.93
31.20
31.74
32.36
36.80
41.29
41.98
42.79
44.07
RN3
34.11
34.76
35.43
36.13
40.46
41.29
41.98
42.79
44.07
RN4
37.62
38.37
39.09
39.83
42.59
43.41
44.21
45.01
46.35
RN5
48.38
49.25
50.15
51.04
52.10
53.10
56.31
58.56
60.33
RN5A
48.38
49.76
51.26
52.81
54.38
56.02
57.74
59.41
61.20
RN6
50.80
51.71
52.65
53.60
54.70
55.75
59.12
61.49
63.35
c.) This schedule will be effective June 1, 2018 for all employees and will represent a
three percent (3%) increase of the base rate.
Grade
Start
Rate
1st
Anniv
2nd
Anniv
3rd
Anniv
4th
Anniv
8th
Anniv
12th
Anniv
16th
Anniv
20th
Anniv
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
RN2
31.86
32.14
32.69
33.33
37.90
42.53
43.24
44.07
45.39
RN3
35.13
35.80
36.49
37.21
41.67
42.53
43.24
44.07
45.39
RN4
38.75
39.52
40.26
41.02
43.87
44.71
45.54
46.36
47.74
RN5
49.83
50.73
51.65
52.57
53.66
54.69
58.00
60.32
62.14
RN5A
49.83
51.25
52.80
54.39
56.01
57.70
59.47
61.19
63.04
RN6
52.32
53.26
54.23
55.21
56.34
57.42
60.89
63.33
65.25
It is also the Union’s Proposal to be on path toward the fifteen dollar ($15.00) minimum
wage by December 31, 2021.
325
Section 2. Charge pay will be paid to an employee in any case where the employee has been
assigned by the normal manager or supervisor the responsibility for decision making and/or
managerial responsibilities. Charge pay shall be two dollars ($2.00) per hour for all hours
worked in that assignment.
Section 3. Shift differential shall be:
a.) $ 2.05 per hour for the evening shift; and
b.) $ 3.55 per hour for the night shift.
Section 4. In addition to the base pay, preceptor payment of two dollars and fifty cents
($2.50) per hour shall be paid for all time that an employee is assigned to preceptor duties.
Section 5. An employee designated as a member of the ECMO Team shall receive a
differential of three dollars ($3.00) per hour for all hours worked running the ECMO Pump.
Section 6. An employee designated as a member of the STAT Team shall receive fifteen
dollars ($ 15.00) per hour for all hours assigned in that capacity and sixty dollars ($60.00) per
case.
Section 7. Float Pool employees will be paid a differential of two dollars ($2.00) per hour
for all hours worked as a float pool employee.
Section 8. In addition to their base pay, Triage Nurses in the Emergency Department, will
receive two dollars ($2.00) an hour for all time spent in the triage role.
Section 9. The right to begin employees in the above Step 1 through Step 5, based on the
Employer’s assessment of that employee’s prior related experience, is reserved to the Employer.
Section 10. Increases to Steps 2 through Step 5 shall occur on the first day of the payroll
period following the appropriate anniversary date of the employee's assignment to that Step.
Section 11. Increases in Step 6, through Step 9 shall occur on the first day of the payroll
period following the employee's eighth (8
th
), twelfth (12
th
), sixteenth (16
th
), and twentieth (20
th
)
anniversary date, respective of continuous service as a registered nurse for the Employer but no
other employer.
Section 12. If an employee is floated to an area and works in a job title, which is at a higher
RN level than the position they are floating from, they will be paid at the higher RN level at his/
her current step on the wage scale for all hours worked in that capacity.
Section 13. Paycheck errors of three (3) hours of pay or more will be corrected with a
supplemental check upon request within two (2) business days.
326
Section 14. When an employee is demoted or promoted within RN Level 2 through RN Level
4 in Section 1. above, they shall change wage levels but remain in the Step to which they were
assigned at the time of such transfer. Such employees will continue to move up in Steps as
provided in Sections 10. and 11. above. When an employee is promoted into RN Level 5 he or
she shall be assigned to a Step in accordance with the following schedule inclusive of any nurse
practitioner or midwife who has accepted a job prior to the ratification of this Agreement:
a.) an RN with four (4) or less years of RN experience with Kaleida will be placed in
Step 1;
b.) an RN with five (5) through eight (8) years of RN experience with Kaleida will be
placed at Step 3; finally
c.) an RN with more than eight (8) years of RN experience with Kaleida will be
placed at Step 5.
Increases to Steps 6 through 9 shall occur on the first day of the payroll period following the
employee’s anniversary date, respective of continuous service as a registered nurse, nurse
practitioner or nurse midwife for the Employer (but no other employer) annually until the
employee reaches the Kaleida Health years of service in either the registered nurse, nurse
practitioner or nurse midwife job title. Employees who are now paid in Steps 6, 7, and 8 who do
not have the years of service required in this Section shall continue to be paid in the Step to
which they are presently assigned.
Section 15. When an LPN is promoted into an RN position, he/she shall be assigned to a Step
in accordance with the following schedule inclusive of any LPN who has accepted an RN job
prior to the ratification of this Agreement:
a.) an LPN with four (4) or less years of LPN experience with Kaleida will be placed
in Step 1;
b.) an LPN with five (5) through eight (8) years of LPN experience with Kaleida will
be placed at Step 3; finally
c.) an LPN with more than eight (8) years of LPN experience with Kaleida will be
placed at Step 5.
Increases in Steps 6 through 9 shall occur on the first day of the payroll period following the
employee’s anniversary date, respective of continuous service as an LPN for the Employer (but
no other employer) annually until the employee reaches the Kaleida Health years of service as an
LPN. Employees who are now paid in Steps 6, 7, and 8 who do not have the years of service
required in this Section shall continue to be paid in the Step to which they are presently assigned.
Section 16. When a current Kaleida employee bids into the RN bargaining unit, and his/her
current rate of pay is higher than the RN scale, he/she will remain red-circled until his/her rate of
pay falls on the RN scale.
Section 17. The job titles listed below are intended to classify and identify employees who
work a majority of time on the titled job. The Employer may, during the term of this Agreement,
create new jobs or combine or eliminate existing jobs. When new or combined jobs are created,
327
the Employer will, after discussion with the Union, assign that job to one of the wage levels
listed in Section 1. If the Union disagrees with the RN level set by the Employer, it may file a
grievance at Step 2 of the grievance procedure provided it does so within twenty (20) calendar
days from the date on which the new rate is set and announced. If the grievance proceeds to
arbitration, the arbitration shall be limited to the placement of such new or combined jobs in one
of the wage levels listed in Section 1. Employees assigned to the new job will be paid at the rate
set by the Employer and if the rate is changed as the result of the grievance, such changed rate
shall be retroactive to the date the employee began to receive the rate set by the Employer. All
new or combined jobs shall be posted in accordance with the Job Bidding and Transfers Article
of this Agreement.
JOB TITLES:
Grade RN2
Ambulatory Care Nurse
Behavioral Health Nurse
Bereavement Nurse
Cardiac Service Nurse
Critical Care Nurse
Critical Care Nurse/Multi-Site Float
Extended Role Nurse
Interventional Nurse
Lactation Consultant
Medical Surgical Nurse
Nurse Counselor
Obstetric Nurse
Operating Room Service Line Coordinator
Research Nurse
Special Procedure Nurse Surgical Services Nurse Transition Placement Nurse
Grade RN3
Clinical Nurse Educator – Operating Room
Clinical Nurse Facilitator
Clinical Patient Transfer Coordinator
Critical Care Family Liaison
Diabetes Extended Role Nurse
Diabetes Nurse Clinician
Diabetes Teaching Nurse
Enterostomal Therapist
Infection Prevention Nurse
Patient Care Coordinator
Renal/Pancreas Transplant Coordinator
328
Grade RN4
Clinical Nurse Educator (BS)
Clinical Nurse Specialist
Clinical Research Coordinator
Neurosurgery Liaison Nurse
Perioperative Clinical Nurse Educator (BS)
RN First Assistant
Grade RN5
Certified Nurse Midwife Clinical Nurse Educator (MS)
Clinical Nurse Educator (MS)
Perioperative Clinical Nurse Educator (MS)
Grade RN 5A
Nurse Practitioner (wage would be equal to P13A with Step 1 equal to RN5)
Grade RN6
Behavioral Health Nurse Practitioner
Certified Transport Nurse
Nurse Practitioner NICU
Transport Nurse/Neonatal
329
Appendix E
Service Employee Salaries
Section 1.
a.) This schedule will be in effect June 1, 2016 for all employees hired before July
31, 2011 and will represent a two percent (2%) increase of the base rate.
Grade
Start
Rate
1st
Anniv
2nd
Anniv
3rd
Anniv
4th
Anniv
8th
Anniv
12th
Anniv
16th
Anniv
20th
Anniv
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
S01
14.00
14.41
14.85
15.29
15.60
15.91
16.24
16.56
17.05
S02
14.35
14.76
15.22
15.67
15.97
16.31
16.64
16.96
17.46
S03
14.44
14.88
15.32
15.80
16.11
16.43
16.75
17.10
17.62
S04
15.01
15.32
15.62
15.94
16.26
16.59
16.94
17.28
17.79
S05
16.20
16.52
16.84
17.17
17.53
17.89
18.23
18.59
19.17
S06
19.26
19.65
20.03
20.42
20.83
21.26
21.70
22.11
22.79
b.) This schedule will be effective July 1, 2017 for all employees hired prior to July
31, 2011 and will represent a three percent (3%) increase of the base rate.
Grade
Start
Rate
1st
Anniv
2nd
Anniv
3rd
Anniv
4th
Anniv
8th
Anniv
12th
Anniv
16th
Anniv
20th
Anniv
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
S01
14.42
14.84
15.30
15.75
16.07
16.39
16.73
17.06
17.56
S02
14.78
15.20
15.68
16.14
16.45
16.80
17.14
17.47
17.98
S03
14.87
15.33
15.78
16.27
16.59
16.92
17.25
17.61
18.15
S04
15.46
15.78
16.09
16.42
16.75
17.09
17.45
17.80
18.32
S05
16.69
17.02
17.35
17.69
18.06
18.43
18.78
19.15
19.75
S06
19.84
20.24
20.63
21.03
21.45
21.90
22.35
22.77
23.47
c.) This schedule will be effective June 1, 2018 for all employees hired prior to July
31, 2011 and will represent a three percent (3%) increase of the base rate.
Grade
Start
Rate
1st
Anniv
2nd
Anniv
3rd
Anniv
4th
Anniv
8th
Anniv
12th
Anniv
16th
Anniv
20th
Anniv
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
S01
14.85
15.29
15.76
16.22
16.55
16.88
17.23
17.57
18.09
S02
15.22
15.66
16.15
16.62
16.94
17.30
17.65
17.99
18.52
S03
15.32
15.79
16.25
16.76
17.09
17.43
17.77
18.14
18.69
S04
15.92
16.25
16.57
16.91
17.25
17.60
17.97
18.33
18.87
S05
17.19
17.53
17.87
18.22
18.60
18.98
19.34
19.72
20.34
S06
20.44
20.85
21.25
21.66
22.09
22.56
23.02
23.45
24.17
330
Section 2.
a.) This schedule will be in effect June 1, 2016 for all employees hired on or after
July 31, 2011 and will represent a two percent (2%) increase of the base rate.
Grade
Start
Rate
1st
Anniv
2nd
Anniv
3rd
Anniv
4th
Anniv
Step 1
Step 2
Step 3
Step 4
Step 5
S01
11.90
12.50
13.12
13.77
15.60
S02
12.20
12.80
13.44
14.12
15.97
S03
12.28
12.89
13.54
14.22
16.11
S04
12.77
13.40
14.08
14.77
16.26
S05
13.77
14.45
15.18
15.93
17.53
S06
16.38
17.19
18.05
18.95
20.83
b.) This schedule will be in effect July 1, 2017 for all employees hired on or after
July 31, 2011 and will represent a three percent (3%) increase of the base rate.
Grade
Start
Rate
1st
Anniv
2nd
Anniv
3rd
Anniv
4th
Anniv
Step 1
Step 2
Step 3
Step 4
Step 5
S01
12.26
12.88
13.51
14.18
16.07
S02
12.57
13.18
13.84
14.54
16.45
S03
12.65
13.28
13.95
14.65
16.59
S04
13.15
13.80
14.50
15.21
16.75
S05
14.18
14.88
15.64
16.41
18.06
S06
16.87
17.71
18.59
19.52
21.45
c.) This schedule will be in effect June 1, 2018 for all employees hired on or after
July 31, 2011 and will represent a three percent (3%) increase of the base rate.
Grade
Start
Rate
1st
Anniv
2nd
Anniv
3rd
Anniv
4th
Anniv
Step 1
Step 2
Step 3
Step 4
Step 5
S01
12.63
13.27
13.92
14.61
16.55
S02
12.95
13.58
14.26
14.98
16.94
S03
13.03
13.68
14.37
15.09
17.09
S04
13.54
14.21
14.94
15.67
17.25
S05
14.61
15.33
16.11
16.90
18.60
S06
17.38
18.24
19.15
20.11
22.09
It is also the Union’s Proposal to be on path toward the fifteen dollar ($15.00) minimum
wage by December 31, 2021.
Section 3. Lead pay will be paid to an employee when the normal manager or supervisor is
absent or the employee has been assigned lead responsibilities and lead responsibilities are not
331
part of the employee’s existing job description. Lead pay differential shall be one dollar and
fifty cents ($1.50) per hour for all hours worked in that assignment.
Section 4. Shift Differential shall be
a.) $ 1.40 per hour for the evening shift; and
b.) $ 1.70 per hour for the night shift.
Section 5. In addition to the base pay, trainer payment of two dollars ($2.00) per hour shall
be paid for all time in excess of one (1) hour that an employee is assigned training duties.
Increases are scheduled as follows:
Section 6. The right to begin new employees in the above Step 1 through Step 5, based on
the Employer’s assessment of that employee’s prior related experience, is reserved to the
Employer.
Section 7. Effective the first pay period of June 2016, float Pool employees will be paid a
differential of two dollars ($2.00) per hour for all hours worked as a float pool employee
Section 8. Increases to Step 2 through Step 5 shall occur on the first day of the payroll period
following the appropriate anniversary date of the employee’s assignment to that Step.
Section 9. Increases to Step 6 through Step 9 shall occur on the first day of the payroll period
following the employee’s eighth (8
th
), twelfth (12
th
), sixteenth (16
th
), twentieth (20
th
)
anniversary date, respective of continuous service for the Employer.
Section 10. When an employee is demoted he/she shall change wage levels, but remain in the
Step to which he/she was assigned at the time of such transfer. Such employees will continue to
move up in Steps as provided for above.
Section 11. When an employee is promoted, he/she shall be placed in the appropriate step
which will not be less than five percent (5%) or more than a ten percent (10%) increase and will
not be less than Step 1 for the new job. If there is more than one step in the five percent (5%) to
ten percent (10%) range, the employee will be placed at the highest step. Such employees will
continue to move up in Steps as provided in Sections 6. and 7. above. Except that employees
who are in Step 6 through 9 shall only move back one Step upon receiving a promotion. After
such promotion, these employees will be advanced as follows: This section will not apply to
same job title transfers from Appendix G.
a.) The employee with twenty (20) years of service will advance to Step 9 one (1)
year from the date of promotion.
b.) The employee with sixteen (16) years of service will advance to Step 8
one (1) year from the date of promotion.
332
c.) The employee with twelve (12) years of service will advance to Step 7 one (1)
year from the date of promotion.
d.) The employee with at least eight (8) years of service but less than twelve (12)
years will advance to Step 6 one (1) year from the date of promotion and to Step 7
upon reaching twelve (12) years of continuous service.
If an employee attains the years of service to advance to the next longevity Step during the “one
(1) year” referred to above, the employee will remain at his/her current Step for the remainder of
the year. Once the year has been completed, the employee will move to the Step on the wage
scale that corresponds with his/her years of service.
Section 12. If an employee is floated to an area, and works in a job title that is at a higher
grade than the position they are floating from, they will be paid at the higher grade, at his/her
current step on the wage scale for all hours worked in that capacity.
Section 13. Paycheck errors of three (3) hours of pay or more will be corrected with a
supplemental check upon request within two (2) business days.
Section 14. The job titles listed below are intended to classify and identify employees who
work a majority of time on the titled job. The Employer may during the term of this Agreement
create new jobs or combine or eliminate existing jobs. When new or combined jobs are created,
the Employer will, after discussion with the Union, assign that job to one of the wage levels
listed in Section 1. If the Union disagrees with the wage level set by the Employer, it may file a
grievance at Step 2 of the grievance procedure provided it does so within twenty (20) calendar
days from the date on which the new rate is set and announced. If the grievance proceeds to
arbitration, the arbitration shall be limited to the placement of such new or combined jobs in one
of the wage levels listed in Section 1. Employees assigned to the new job will be paid at the rate
set by the Employer and if the rate is changed as a result of the grievance such changed rate shall
be retroactive to date the employee began to receive the rate set by the Employer. All new or
combined jobs shall be posted in accordance with the Job Bidding and Transfers Article of this
Agreement.
JOB TITLES:
Grade S1
Environmental Service Aide
Indirect Care Aide
Laundry Helper
Nutritional Service Worker
SPD Aide
Grade S2
Grill Cook
Laundry Attendant
333
Mail Clerk
Nurse Assistant
Patient Support Associate
Grade S3
Hospitality Associate
Receiving Clerk/Dietary
Grade S4
Cook Assistant
Grade S5
Central Supply Tech
Driver
Lead Mail Clerk
Materials Handler
Patient Care Assistant
Patient Care Assistant – Student Nurse
Regulatory Waste Handler
Sterile Processing Technician
Grade S6
Cook
Liquid Oxygen Driver
Materials Equipment Coordinator
Site Patient Experience Associate
334
Appendix F
Technical Employees Salaries
Section 1.
a.) This schedule will be in effect June 1, 2016 for all employees and will represent a
two percent (2%) increase of the base rate.
Grade
Start
Rate
1st
Anniv
2nd
Anniv
3rd
Anniv
4th
Anniv
8th
Anniv
12th
Anniv
16th
Anniv
20th
Anniv
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
T01A
11.53
11.99
12.23
12.47
12.72
13.47
14.41
15.44
15.90
T01B
12.67
13.19
13.44
13.72
14.00
14.83
15.87
16.97
17.47
T01C
13.29
13.83
14.12
14.40
14.70
15.58
16.67
17.82
18.36
T01
15.20
15.66
16.12
16.60
17.11
17.63
18.15
18.71
19.25
T02
15.88
16.36
16.86
17.35
17.87
18.42
18.95
19.54
20.12
T03
16.21
16.71
17.21
17.72
18.23
18.80
19.35
19.94
20.54
T04
16.92
17.41
17.92
18.47
19.01
19.57
20.18
20.78
21.41
T05
17.32
17.82
18.36
18.90
19.47
20.05
20.66
21.29
21.91
T06
18.76
19.31
19.91
20.50
21.11
21.76
22.40
23.06
23.76
T07
19.33
19.92
20.51
21.12
21.77
22.41
23.08
23.78
24.49
T08
19.77
20.35
20.96
21.60
22.25
22.92
23.61
24.31
25.04
T09
20.21
20.80
21.42
22.06
22.73
23.41
24.10
24.82
25.57
T10
21.26
21.88
22.54
23.23
23.92
24.63
25.38
26.13
26.92
T11
22.13
22.79
23.46
24.17
24.89
25.64
26.41
27.21
28.03
T12
23.70
24.42
25.15
25.91
26.69
27.49
28.32
29.15
30.03
T13
24.88
25.63
26.39
27.20
28.00
28.85
29.70
30.59
31.51
T14
25.04
25.78
26.56
27.36
28.18
29.04
29.89
30.79
31.73
T15
26.99
27.82
28.64
29.51
30.39
31.30
32.23
33.21
34.19
T16
27.20
28.00
28.85
29.70
30.59
31.52
32.47
33.43
34.44
T17
29.04
29.89
30.79
31.70
32.66
33.66
34.67
35.69
36.75
T18
30.72
31.65
32.60
33.58
34.57
35.62
36.68
37.77
38.90
T19
31.45
32.40
33.37
34.36
35.38
36.48
37.56
38.67
39.83
T20
32.83
33.80
34.82
35.88
36.96
38.07
39.20
40.37
41.59
T21
33.97
34.98
36.01
37.09
38.21
39.37
40.56
41.75
43.00
T22
36.32
37.41
38.54
39.69
40.89
42.12
43.37
44.68
46.01
T23
49.03
50.52
52.02
53.60
55.18
56.85
58.55
60.31
62.12
335
b.) This schedule will be effective July 1, 2017 for all employees and will represent a
three percent (3%) increase of the base rate.
Grade
Start
Rate
1st
Anniv
2nd
Anniv
3rd
Anniv
4th
Anniv
8th
Anniv
12th
Anniv
16th
Anniv
20th
Anniv
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
T01A
11.88
12.35
12.60
12.84
13.10
13.87
14.84
15.90
16.38
T01B
13.05
13.59
13.84
14.13
14.42
15.27
16.35
17.48
17.99
T01C
13.69
14.24
14.54
14.83
15.14
16.05
17.17
18.35
18.91
T01
15.66
16.13
16.60
17.10
17.62
18.16
18.69
19.27
19.83
T02
16.36
16.85
17.37
17.87
18.41
18.97
19.52
20.13
20.72
T03
16.70
17.21
17.73
18.25
18.78
19.36
19.93
20.54
21.16
T04
17.43
17.93
18.46
19.02
19.58
20.16
20.79
21.40
22.05
T05
17.84
18.35
18.91
19.47
20.05
20.65
21.28
21.93
22.57
T06
19.32
19.89
20.51
21.12
21.74
22.41
23.07
23.75
24.47
T07
19.91
20.52
21.13
21.75
22.42
23.08
23.77
24.49
25.22
T08
20.36
20.96
21.59
22.25
22.92
23.61
24.32
25.04
25.79
T09
20.82
21.42
22.06
22.72
23.41
24.11
24.82
25.56
26.34
T10
21.90
22.54
23.22
23.93
24.64
25.37
26.14
26.91
27.73
T11
22.79
23.47
24.16
24.90
25.64
26.41
27.20
28.03
28.87
T12
24.41
25.15
25.90
26.69
27.49
28.31
29.17
30.02
30.93
T13
25.63
26.40
27.18
28.02
28.84
29.72
30.59
31.51
32.46
T14
25.79
26.55
27.36
28.18
29.03
29.91
30.79
31.71
32.68
T15
27.80
28.65
29.50
30.40
31.30
32.24
33.20
34.21
35.22
T16
28.02
28.84
29.72
30.59
31.51
32.47
33.44
34.43
35.47
T17
29.91
30.79
31.71
32.65
33.64
34.67
35.71
36.76
37.85
T18
31.64
32.60
33.58
34.59
35.61
36.69
37.78
38.90
40.07
T19
32.39
33.37
34.37
35.39
36.44
37.57
38.69
39.83
41.02
T20
33.81
34.81
35.86
36.96
38.07
39.21
40.38
41.58
42.84
T21
34.99
36.03
37.09
38.20
39.36
40.55
41.78
43.00
44.29
T22
37.41
38.53
39.70
40.88
42.12
43.38
44.67
46.02
47.39
T23
50.50
52.04
53.58
55.21
56.84
58.56
60.31
62.12
63.98
336
c.) This schedule will be effective June 1, 2018 for all employees and will represent a
three percent (3%) increase of the base rate.
Grade
Start
Rate
1st
Anniv
2nd
Anniv
3rd
Anniv
4th
Anniv
8th
Anniv
12th
Anniv
16th
Anniv
20th
Anniv
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
T01A
12.24
12.72
12.98
13.23
13.49
14.29
15.29
16.38
16.87
T01B
13.44
14.00
14.26
14.55
14.85
15.73
16.84
18.00
18.53
T01C
14.10
14.67
14.98
15.27
15.59
16.53
17.69
18.90
19.48
T01
16.13
16.61
17.10
17.61
18.15
18.70
19.25
19.85
20.42
T02
16.85
17.36
17.89
18.41
18.96
19.54
20.11
20.73
21.34
T03
17.20
17.73
18.26
18.80
19.34
19.94
20.53
21.16
21.79
T04
17.95
18.47
19.01
19.59
20.17
20.76
21.41
22.04
22.71
T05
18.38
18.90
19.48
20.05
20.65
21.27
21.92
22.59
23.25
T06
19.90
20.49
21.13
21.75
22.39
23.08
23.76
24.46
25.20
T07
20.51
21.14
21.76
22.40
23.09
23.77
24.48
25.22
25.98
T08
20.97
21.59
22.24
22.92
23.61
24.32
25.05
25.79
26.56
T09
21.44
22.06
22.72
23.40
24.11
24.83
25.56
26.33
27.13
T10
22.56
23.22
23.92
24.65
25.38
26.13
26.92
27.72
28.56
T11
23.47
24.17
24.88
25.65
26.41
27.20
28.02
28.87
29.74
T12
25.14
25.90
26.68
27.49
28.31
29.16
30.05
30.92
31.86
T13
26.40
27.19
28.00
28.86
29.71
30.61
31.51
32.46
33.43
T14
26.56
27.35
28.18
29.03
29.90
30.81
31.71
32.66
33.66
T15
28.63
29.51
30.39
31.31
32.24
33.21
34.20
35.24
36.28
T16
28.86
29.71
30.61
31.51
32.46
33.44
34.44
35.46
36.53
T17
30.81
31.71
32.66
33.63
34.65
35.71
36.78
37.86
38.99
T18
32.59
33.58
34.59
35.63
36.68
37.79
38.91
40.07
41.27
T19
33.36
34.37
35.40
36.45
37.53
38.70
39.85
41.02
42.25
T20
34.82
35.85
36.94
38.07
39.21
40.39
41.59
42.83
44.13
T21
36.04
37.11
38.20
39.35
40.54
41.77
43.03
44.29
45.62
T22
38.53
39.69
40.89
42.11
43.38
44.68
46.01
47.40
48.81
T23
52.02
53.60
55.19
56.87
58.55
60.32
62.12
63.98
65.90
It is also the Union’s Proposal to be on path toward the fifteen dollar ($15.00) minimum
wage by December 31, 2021.
Section 2. Lead pay will be paid to an employee when the normal manager or supervisor is
absent or the employee has been assigned lead responsibilities and lead responsibilities are not
part of the employee’s existing job description. Lead pay differential shall be one dollar and
fifty cents ($1.50) per hour for all hours worked in that assignment.
337
Section 3. Shift Differential shall be:
a.) $ 1.40 per hour for the evening shift; and
b.) $ 1.70 per hour for the night shift.
Section 4. In addition to the base pay, trainer payment of two dollars ($2.00) per hour shall
be paid for all time in excess of one (1) hour that an employee is assigned preceptor/training
duties.
Section 5. An employee designated as a member of the ECMO Team shall receive a
differential of three dollars ($3.00) per hour for all hours worked running the ECMO Pump.
Section 6. Effective the first pay period of June 2016, float Pool employees will be paid a
differential of two dollars ($2.00) per hour for all hours worked as a float pool employee.
Section 7. The right to begin new employees in the above Step 1 through Step 5, based on
the Employer’s assessment of that employee’s prior related experience, is reserved to the
Employer.
Section 8. Increases to Step 2 through Step 5 shall occur on the first day of the payroll period
following the appropriate anniversary date of the employee’s assignment to that Step.
Section 9. Increases to Step 6 through Step 9 shall occur on the first day of the payroll period
following the employee’s eighth (8
th
), twelfth (12
th
), sixteenth (16
th
), and twentieth (20
th
)
anniversary date, respective of continuous service for the Employer.
Section 10. When an employee is demoted he/she shall change wage levels, but remain in the
Step to which he/she was assigned at the time of such transfer. Such employees will continue to
move up in Steps as provided for above.
Section 11. When an employee is promoted, he/she shall be placed in the appropriate step
which will not be less than five percent (5%) or more than a ten percent (10%) increase and will
be not less than Step 1 for the new job. If there is more than one step in the five percent (5%) to
ten percent (10%) range, the employee will be placed at the highest step. Such employees will
continue to move up in Steps as provided in Sections 8. and 9. above. Except that employees
who are in Step 6 through 9 shall only move back one Step upon receiving a promotion. After
such promotion, these employees will be advanced as follows: This section will not apply to
same job title transfers from Appendix G.
a.) The employee with twenty (20) years of service will advance to Step 9 one (1)
year from the date of promotion.
b.) The employee with sixteen (16) years of service will advance to Step 8 and one
(1) year from the date of promotion.
338
c.) The employee with twelve (12) years of service will advance to Step 7 one (1)
year from the date of promotion.
d.) The employee with at least eight (8) years of service but less than twelve (12)
years will advance to Step 6 one (1) year from the date of promotion and to Step 7
upon reaching twelve (12) years of continuous service.
If an employee attains the years of service to advance to the next longevity Step during the “one
(1) year’ referred to above, the employee will remain at his/her current Step for the remainder of
the year. Once the year has been completed, the employee will move to the Step on the wage
scale that corresponds with his/her years of service.
Section 12. If an employee is floated to an area, and works in a job title that is at a higher
grade than the position they are floating from, they will be paid at the higher grade at his/her
current step on the wage scale for all hours worked in that capacity.
Section 13. Paycheck errors of three (3) hours of pay or more will be corrected with a
supplemental check upon request within two (2) business days.
Section 14. The job titles listed below are intended to classify and identify employees who
work a majority of time on the titled job. The Employer may during the term of this Agreement
create new jobs or combine or eliminate existing jobs. When new or combined jobs are created,
the Employer will, after discussion with the Union, assign that job to one of the wage levels
listed in Section 1. If the Union disagrees with the wage level set by the Employer, it may file a
grievance at Step 2 of the grievance procedure provided it does so within twenty (20) calendar
days from the date on which the new rate is set and announced. If the grievance proceeds to
arbitration, the arbitration shall be limited to the placement of such new or combined jobs in one
of the wage levels listed in Section 1. Employees assigned to the new job will be paid at the rate
set by the Employer and if the rate is changed as a result of the grievance such changed rate shall
be retroactive to date the employee began to receive the rate set by the Employer. All new or
combined jobs shall be posted in accord with the Job Bidding and Transfers Article of this
Agreement.
JOB TITLES:
Grade T1
Grade T 1A
Substitute Teacher
Grade T 1B
Grade T 1C
Certified Teacher Assistant
339
Grade T2
Grade T3
Activities Assistant
Communications Operator
Critical Care Technician
Emergency Room Technician
Laboratory Processor
Monitor Technician
Pharmacy Technician I
Phlebotomy Technician
Technical Assistant
Grade T4
Dental Assistant
Histological Assistant
Grade T5
Anesthesia Assistant
Angiology Technician
Dialysis Technician
Family Planning Counselor
Hemodialysis PCT
Histology Prep Technician
Lithotripsy Technician
Medical Assistant
Mental Health Worker
Pharmacy Technician II
Grade T6
Certified Medical Assistant
EKG Technician
Material Facilities Clerk
Oral Surgery Assistant
Phlebotomy Technician II
Warehouse Technician Specialist
Grade T7
Counseling Assistants
Family Outreach Educator
Ophthalmic Technician
Grade T8
Lead Warehouse Tech
340
Grade T9
Anesthesia Technician
Autopsy Assistant
Cardiac Technician
Certified Occupational Therapy Assistant
Clinician Research Assistant
Dietary Technician
Physical Therapy Assistant
Grade T10
Licensed Practical Nurse
Pulmonary Function Technician
Respiratory Technician
Translator LPN
Grade T11
Anatomic Pathology Assistant
Dialysis Support Specialist
Facilitated Enroller
Grade T12
Addiction Counselor
Alcohol Counselors
Histology Technician
In Person Assistor /Navigator
Medical Technician
Grade T13
Case Manager
Dental Hygienist
Ophthalmic Photographer
Surgical Technologist
Grade T14
Electro-Neurodiagnostic Technologist I
Lead Histology Technician
Grade T15
Electro-Neurodiagnostic Technologist II
Radiologic Technologist
Respiratory Therapist
Quality Assurance Technologist
Grade T16
CATT Scan Technologist
Mammography Technologist
341
Grade T17
Cardiovascular Radiologic Technologist
Certified CATT Technologist
Certified Quality Assurance Technologist
Electro-Neurodiagnostic Technologist III
Interventional Radiology Technologist
Lead Radiologic Technologist
MRI Technologist
Neuro Peripheral Radiology Technologist
Grade T18
Certified CVRT- Cardiac
Certified CVRT- Vascular
Certified MRI Technologist
Lead Mammography Technologist
Grade T19
Echo Technologist
Lead Certified CATT Scan Technologist
Lead CVRT
Lead Electro-Neuro-diagnostic Technologist
Lead Interventional Radiology Technologist
Lead Neuro/Peripheral Radiology Technologist
Nuclear Medicine Technologist
Ultrasonography Technologist
Grade T20
Lead Certified CVRT- Cardiac
Lead Certified CVRT- Vascular
Lead Certified MRI Technologist
Lead MRI Technologist
Respiratory Therapist – Stabilization Team
Respiratory Therapist Transport
Grade T21
Lead Echo Technologist
Lead Nuclear Medicine Technologist
Lead Ultrasonography Technologist
Neurovascular Technician
Vascular Lab Technologist
Grade T22
Lead Vascular Lab Technologist
Grade T23
Perfusionist
342
Appendix G
Skilled Nursing Facility Employee Salaries
Section 1.
a.) This schedule will be in effect June 1, 2016 for all employees and will represent a
two percent (2%) increase of the base rate.
Grade
Start
Rate
1st
Anniv
2nd
Anniv
3rd
Anniv
4th
Anniv
8th
Anniv
12th
Anniv
16th
Anniv
20th
Anniv
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
L00
10.41
10.44
10.47
10.50
10.54
10.56
10.59
10.63
10.94
L01
11.90
12.25
12.62
12.99
13.26
13.53
13.80
14.08
14.49
L02
12.20
12.55
12.93
13.33
13.58
13.85
14.14
14.41
14.85
L03
12.77
13.04
13.28
13.55
13.82
14.10
14.39
14.69
15.14
L04
13.77
14.20
14.62
15.07
15.50
15.97
16.44
16.95
17.44
L05
14.72
15.15
15.60
16.07
16.54
17.05
17.55
18.08
18.63
L06
16.37
16.70
17.03
17.37
17.71
18.06
18.44
18.80
19.36
L07
17.16
17.68
18.21
18.75
19.32
19.90
20.50
21.10
21.74
L08
18.06
18.59
19.17
19.74
20.33
20.94
21.56
22.21
22.88
L09
22.95
23.64
24.34
25.08
25.82
26.60
27.41
28.22
29.07
L10
27.47
27.99
28.50
28.94
31.96
36.44
40.76
41.54
42.79
b.) This schedule will be effective July 1, 2017 for all employees and will represent a
three percent (3%) increase of the base rate.
Grade
Start
Rate
1st
Anniv
2nd
Anniv
3rd
Anniv
4th
Anniv
8th
Anniv
12th
Anniv
16th
Anniv
20th
Anniv
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
L00
10.72
10.75
10.78
10.82
10.86
10.88
10.91
10.95
11.27
L01
12.26
12.62
13.00
13.38
13.66
13.94
14.21
14.50
14.92
L02
12.57
12.93
13.32
13.73
13.99
14.27
14.56
14.84
15.30
L03
13.15
13.43
13.68
13.96
14.23
14.52
14.82
15.13
15.59
L04
14.18
14.63
15.06
15.52
15.97
16.45
16.93
17.46
17.96
L05
15.16
15.60
16.07
16.55
17.04
17.56
18.08
18.62
19.19
L06
16.86
17.20
17.54
17.89
18.24
18.60
18.99
19.36
19.94
L07
17.67
18.21
18.76
19.31
19.90
20.50
21.12
21.73
22.39
L08
18.60
19.15
19.75
20.33
20.94
21.57
22.21
22.88
23.57
L09
23.64
24.35
25.07
25.83
26.59
27.40
28.23
29.07
29.94
L10
28.29
28.83
29.36
29.81
32.92
37.53
41.98
42.79
44.07
343
c.) This schedule will be effective June 1, 2018 for all employees and will represent a
three percent (3%) increase of the base rate.
Grade
Start
Rate
1st
Anniv
2nd
Anniv
3rd
Anniv
4th
Anniv
8th
Anniv
12th
Anniv
16th
Anniv
20th
Anniv
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
L00
11.04
11.07
11.10
11.14
11.19
11.21
11.24
11.28
11.61
L01
12.63
13.00
13.39
13.78
14.07
14.36
14.64
14.94
15.37
L02
12.95
13.32
13.72
14.14
14.41
14.70
15.00
15.29
15.76
L03
13.54
13.83
14.09
14.38
14.66
14.96
15.26
15.58
16.06
L04
14.61
15.07
15.51
15.99
16.45
16.94
17.44
17.98
18.50
L05
15.61
16.07
16.55
17.05
17.55
18.09
18.62
19.18
19.77
L06
17.37
17.72
18.07
18.43
18.79
19.16
19.56
19.94
20.54
L07
18.20
18.76
19.32
19.89
20.50
21.12
21.75
22.38
23.06
L08
19.16
19.72
20.34
20.94
21.57
22.22
22.88
23.57
24.28
L09
24.35
25.08
25.82
26.60
27.39
28.22
29.08
29.94
30.84
L10
29.14
29.69
30.24
30.70
33.91
38.66
43.24
44.07
45.39
It is also the Union’s Proposal to be on path toward the fifteen dollar ($15.00) minimum
wage by December 31, 2021.
Section 2. Lead pay will be paid to an employee when the normal manager or supervisor is
absent or the employee has been assigned lead responsibilities and lead responsibilities are not
part of the employee’s existing job description. Lead pay differential shall be one dollar and
fifty cents ($1.50) per hour for all hours worked in that assignment.
Section 3. Charge pay will be paid to an RN or an LPN working in the Skilled Nursing
Facility who has been assigned by the normal manager/supervisor the responsibility of charge
nurse. Charge pay shall be two dollars ($2.00) per hour for all hours worked in that assignment.
Section 4. Shift Differential shall be:
Pay Grades L00 through L09
a.) $ 1.40 per hour for the evening shift; and
b.) $ 1.70 per hour for the night shift.
Pay Grades L10
c.) $ 2.05 per hour for the evening shift; and
d.) $ 3.55 per hour for the night shift.
Section 5. In addition to the base pay, trainer payment of two dollars ($2.00) per hour shall
be paid for all time in excess of one (1) hour that an employee is assigned preceptor/training
duties.
344
Section 6. In addition to the base pay, preceptor payment of two dollars and fifty cents
($2.50) per hour shall be paid for all time that an employee is assigned to preceptor duties.
Section 7. Effective the first pay period of June 2016, float Pool employees will be paid a
differential of two dollars ($2.00) per hour for all hours worked as a float pool employee.
Section 8. The right to begin new employees in the above Step 1 through Step 5, based on
the Employer’s assessment of that employee’s prior related experience, is reserved to the
Employer.
Section 9. Increases to Step 2 through Step 5 shall occur on the first day of the payroll period
following the appropriate anniversary date of the employee’s assignment to that Step.
Section 10. Increases to Step 6 through Step 9 shall occur on the first day of the payroll period
following the employee’s eighth (8
th
), twelfth (12
th
), sixteenth (16
th
), and twentieth (20
th
)
anniversary date, respective of continuous service for the Employer.
Section 11. When an employee is demoted he/she shall change wage levels, but remain in the
Step to which he/she was assigned at the time of such transfer. Such employees will continue to
move up in Steps as provided for above.
Section 12. When an employee is promoted, he/she shall be placed in the appropriate step
which will not be less than five percent (5%) or more than a ten percent (10%) increase and will
not be less than Step 1 for the new job. If there is more than one step in the five percent (5%) to
ten percent (10%) range, the employee will be placed at the highest step. Such employees will
continue to move up in Steps as provided in Sections 8. and 9. above. Except that employees
who are in Step 6 through 9 shall only move back one Step upon receiving a promotion. After
such promotion, these employees will be advanced as follows:
a.) The employee with twenty (20) years of service will advance to Step 9 one (1)
year from the date of promotion.
b.) The employee with sixteen (16) years of service will advance to Step 8 and one
(1) year from the date of promotion.
c.) The employee with twelve (12) years of service will advance to Step 7 one (1)
year from the date of promotion.
d.) The employee with at least eight (8) years of service but less than twelve (12)
years will advance to Step 6 one (1) year from the date of promotion and to Step 7
upon reaching twelve (12) years of continuous service.
If an employee attains the years of service to advance to the next longevity Step during the “one
(1) year” referred to above, the employee will remain at his/her current Step for the remainder of
the year. Once the year has been completed, the employee will move to the Step on the wage
scale that corresponds with his/her years of service.
345
Section 13. If an employee is floated to an area, and works in a job title that is at a higher
grade than the position they are floating from, they will be paid at the higher grade at his/her
current step on the wage scale for all hours worked in that capacity.
Section 14. Paycheck errors of three (3) hours of pay or more will be corrected with a
supplemental check upon request within two (2) business days.
Section 15. The job titles listed below are intended to classify and identify employees who
work a majority of time on the titled job. The Employer may during the term of this Agreement
create new jobs or combine or eliminate existing jobs. When new or combined jobs are created,
the Employer will, after discussion with the Union, assign that job to one of the wage levels
listed in Section 1. If the Union disagrees with the wage level set by the Employer, it may file a
grievance at Step 2 of the grievance procedure provided it does so within twenty (20) calendar
days from the date on which the new rate is set and announced. If the grievance proceeds to
arbitration, the arbitration shall be limited to the placement of such new or combined jobs in one
of the wage levels listed in Section 1. Employees assigned to the new job will be paid at the rate
set by the Employer and if the rate is changed as a result of the grievance such changed rate shall
be retroactive to date the employee began to receive the rate set by the Employer. All new or
combined jobs shall be posted in accord with the Job Bidding and Transfers Article of this
Agreement.
JOB TITLES:
(L00) SNF 0
Long Term Care Sitter
(L01) SNF 1
Environmental Service Aide - SNF
Nutritional Service Worker - SNF
(L02) SNF 2
Laundry Attendant
(L03) SNF 3
Certified Nurse Assistant - SNF
Cook Assistant - SNF
Rehabilitation Aide – SNF
(L04) SNF 4
Activities Assistant – SNF
(L05) SNF 5
Unit Secretary - SNF
346
(L06) SNF 6
Cook – SNF
(L07) SNF 7
Certified Occupational Therapy Assistant
Dietary Technician
Physical Therapy Assistant
(L08) SNF 8
Licensed Practical Nurse – SNF
(L09) SNF 9
Respiratory Therapist
(L10) SNF 10
Medical Surgical Nurse - Skilled Nursing Facility
Staff Nurse – Skilled Nursing Facility
347
Appendix H
Kaleida Health Bargaining Units
Bargaining units covered by this agreement are as follows:
Union Code
1199 SEIU United Healthcare Workers East: Description
1. Buffalo General Medical Center Service Unit 08
2. Women’s and Children’s Hospital Clerical Unit 03/05
3. Women’s and Children’s Hospital Licensed Practical Nurse Unit 04
4. Women’s and Children’s Hospital Nurse Practitioner Unit 26
5. Women’s and Children’s Hospital Professional Unit 24
6. Women’s and Children’s Hospital Registered Nurse Unit 01/19
7. Women’s and Children’s Hospital Service and Maintenance Unit 02
8. Women’s and Children’s Hospital Technical 21
9. Millard Fillmore Hospital Service and Maintenance Unit 10
10. Kaleida Health Business Office/Clerical Unit 28
Communications Workers of America, AFL-CIO, Local 1168:
1. Buffalo General Medical Center Registered Nurse Unit 06
2. Buffalo General Medical Center Technical/Clinical-Clerical Unit 07
3. Buffalo General Medical Center Professional Unit 25
4. DeGraff Memorial Hospital Professional Unit 31
5. DeGraff Memorial Hospital Registered Nurse Unit 12
6. DeGraff Memorial Hospital Technical/Clinical-Clerical/Service Unit 13
7. Millard Fillmore Hospital Registered Nurse Unit 15
8. Millard Fillmore Hospital Technical/Clinical-Clerical Unit 16
9. Millard Fillmore Hospital Professional Unit. 18
International Union of Operating Engineers Local 17S, AFL-CIO:
1. DeGraff Memorial Hospital Operating Engineers. 11
348
Appendix I
GRIEVANCE FORM
Send to: ________________________________
________________________________
________________________________
Grievance #: _________________ File #: _______________ Rate of Pay: __________________
Employee/Grievant Name: _____________________________ Date of Hire: __________________
Bargaining Unit: _____________________________________ Work Site: ____________________
Job Title: ___________________________________________ Telephone #: __________________
Department: ________________________________________ Date of Incident: _______________
Article(s) Allegedly Violated:
______________________________________ and all other applicable Articles of the Contract.
Meeting with Supervisor (Name) _________________ prior to filing grievance Yes No
If No, Reason Why:
______________________________________________________________________________
______________________________________________________________________________
Brief Statement of Facts:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Remedy Expected:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Signatures:
________________________________ ___________________________
Grievant(s) Union Representative
________________________ ______________________
Date Date
C:
Individual Union
Logo
349
Step 1 Meeting Date of Step 1 Meeting: _____________________
Attendees at Meeting:
Kaleida Representative Responding:
___________________________ ________________________ __________________
Name Title Date of Answer
Step 1 Answer:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Union Representative Receiving Answer: _________________________
Step 2 Appeal Date of Step 2Meeting: _____________________
Name of Union Representative filing appeal: ______________ Date of Appeal: __________
Reason for Appeal:
________________________________________________________________________
Attendees at Meeting:
Kaleida Representative Responding:
___________________________ ________________________ __________________
Name Title Date of Answer
Step 2Answer:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Union Representative Receiving Answer:_________________________________________
350
Letter of Intent
WCHOB V6 and V7
It is agreed to and understood by the parties that the units V6 and V7 at 219 Bryant Street,
Buffalo have merged cost centers for the sole purpose of budgetary reasons. These units’ staff
will remain separate for all other purposes including but not limited to scheduling, holidays,
vacation and layoff.
Kaleida Health: 1199/SEIU United Healthcare Workers East:
By:______________________________ By:________________________________
351
Letter of Intent
June 21, 2011
James Scordato, 1199 SEIU United Healthcare Workers East
Re: Women & Children’s Hospital Rotating Positions
Dear Mr. Scordato:
This letter is to reflect the agreement between Kaleida Health (KH) and 1199 SEIU United
Healthcare Workers East (SEIU) regarding future vacancies in the following departments:
• 10401 CHOB Operating Rooms
• 10414 CHOB Recovery Rooms
• 10175 Ante-Partum Unit
• 10710 CHOB Mother Baby Unit
At present, vacancies in such departments have been posted on a rotating shift basis. Such
rotating positions have been posted in such manner for patient care and operational reasons. KH
is willing, however, to review staffing approach to such units and attempt to reduce the number
of rotating shift positions in such departments that become vacant in the future. KH will discuss
such new approach with SEIU representatives in Job Security Committee meetings. The number
of positions to be converted from rotating to set shift positions will depend on the number of
future vacancies in such departments, the size of such departments, the mix of full time and part
time employees in such departments, and the availability of staff and applicants to fill such
positions. KH agrees to the extent that patient care needs and operational objectives can be met,
it is preferable to establish a set number of specific shift positions on such units.
Respectfully,
Eleanor Foster
Director Labor Relations
Cc: C. Klass, President, Women and Children’s Hospital
M. Creighton, Interim Chief Nursing Officer, Women and Children’s Hospital
K. Swartz, Sr. Director Human Resources
352
Letter of Intent
Healthcare Related Joint Ventures
It is agreed to and understood by both KALEIDA HEALTH and the 1199 SEIU UNITED
HEALTHCARE WORKERS, EAST, COMMUNICATIONS WORKERS OF AMERICA, AFL-
CIO and the INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO that an
agreement was reached during the current set of contract negotiations that in the event Kaleida
Health enters into any healthcare related joint ventures in the future with ECMC, Roswell Park
Cancer Institute, or any other health care institutions, that all bargaining unit work will be
performed by the Unions listed above in any and all job titles as contained in this Collective
Bargaining Agreement. The Unions listed above will have representational jurisdiction over all
bargaining unit work performed by these joint ventures at the addresses listed in Article 3 of this
Collective Bargaining Agreement.
It is also agreed to and understood by both KALEIDA HEALTH and the 1199 SEIU UNITED
HEALTHCARE WORKERS EAST, COMMUNCATIONS WORKERS OF AMERICA, AFL-
CIO, and the INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO that an
agreement was reached during the current set of contract negotiations that in the event Kaleida
Health enters into any healthcare related lease agreements or sells any health care related space
at the addresses listed in Article 3 of this Collective Bargaining Agreement (to create a hospital
within a hospital concept) that all bargaining unit work performed as a result of this new entity
will be performed by the Unions representing any and all job titles as contained in the Collective
Bargaining Agreement. The Unions listed above will have representational jurisdiction over all
bargaining unit work performed by this new entity as identified above.
___________________________________ ______________________
Kaleida Health Date
___________________________________ ______________________
Communications Workers of America, AFL-CIO Date
___________________________________ ______________________
International Union of Operating Engineers Date
___________________________________ ______________________
1199 SEIU United Healthcare Workers East Date
353
Letter of Intent
STAFF INCENTIVE PLAN
Section 1. Prior to the consideration of implementing the Staff Incentive Plan described
below, the respective Manager must exhaust the options as outlined in the Master Collective
Bargaining Agreements:
A. a part-time or full-time employee who has signed up on the needs list for the unit
and who can work extra hours without incurring overtime;
B. a per diem employee who has signed up on the needs list for the unit and who can
work extra hours without incurring overtime; and
C. employees who have signed up on the needs list for the unit and who will incur
overtime in seniority order on a rotating basis (wheel).
D. Floating as per Article 19
Section 2. CRITERIA FOR UTILIZATION
Once the above steps have been completed, the Staff Incentive Plan may, at the discretion of the
site VP/President and/or designee in consultation with the Site Director or Human Resources,
may be implemented under any one or more of the following conditions:
A. Unfilled shifts for average daily census (ADC) on the prepared schedule equal
20% or more of the total shifts for a medical/surgical or step-down unit and 10%
of the total shifts for a critical care unit and ED (either by Site, or Unit, or Shift),
or increased activity/volume or unexpected or continuing unfilled shifts in
service/patient treatment areas.
B. Unexpected increase in patient volume exceeds 20% or more over the average
daily census (ADC) or anticipated census. Increased volume in critical care, the
Emergency Department, and service/patient treatment areas are evaluated
individually due to the range in size of units/departments as well as through put
(e.g. capacity ranges 6-24).
C. The Unions shall have the right to request an immediate meeting of the site
Staffing Committee, this shall be convened within 72 hours, if they believe
that the census or vacancies in a particular area warrant the implementation of the
Staff Incentive Plan.
D. The Employer will make every reasonable effort to identify those shifts which
may require implementation of the Bonus Plan as early as possible to allow
for recruitment of interested employees to work an extra “bonus” shift.
354
Section 3. ELIGIBLE EMPLOYEES/POSITIONS
A. Qualified employees in the positions that are understaffed may volunteer to work
an open shift and receive the Bonus defined in this program outline.
B. Placement will be by seniority in the following order:
e.) offer the time to employees who have signed up on the availability
list for the unit/department and who are in the job title and the same
cost center in order of seniority on a rotating basis, who are not
eligible for overtime;
f.) offer overtime to employees who have signed up on the availability
list for the unit/department and who are in the job title and the same
cost center, in order of seniority on a rotating basis;
g.) offer extra time and then overtime to employees in the job title
from the remainder of the bargaining unit at that site, in order of
seniority who have signed up on the availability list for the unit
and who meet the competencies of that area;
h.) offer extra time and then overtime to qualified employees in a
different job title but within the bargaining unit at that site who
have signed up on the availability list for the unit and who meet the
competencies of the area;
i.) offer the time to employees Kaleida-Wide who meet the
competencies for that area, first to employees who are not eligible
for overtime, then to employees who are eligible for overtime,
following steps 1-4 above.
Section 4. BONUS PAYMENT
A. At the BGMC, Millard Suburban, DeGraff, DeGraff SNF, HighPointe, Flint
Road, Larkin and at the WCHOB site for the Professional, Technical, Clerical,
and Service and Maintenance employees:
Eligible employees will be paid their regular rate (or overtime rate if applicable)
in accordance with their Contract plus a premium payment of:
RN and Professional Group – Defined as all employees whose job titles
appear in Appendices C, D, and G of the Master Agreement:
• $40.00 for each 4 hour block worked over pre-scheduled hours on the day
shift and;
• $60.00 for each 4 hour block worked over pre-scheduled hours on
355
evenings, nights, weekends and holidays;
Technical and Clerical Group – Defined as all employees whose job titles appear
in Appendices A, F, and G of the Master Agreement:
• $20.00 for each 4 hour block worked over pre-scheduled hours on the day
shift and;
• $40.00 for each 4 hour block worked over pre-scheduled hours on
evenings, nights, weekends and holidays;
Service and Maintenance Group – Defined as all employees whose job titles
appear in Appendices B, E, and G of the Master Agreement:
• $15.00 for each 4 hour block worked over pre-scheduled hours on the day
shift and;
• $35.00 for each 4 hour block worked over pre-scheduled hours on
evenings, nights, weekends and holidays;
Bonus hours worked in addition to the minimum four (4) hour block shall be compensated on an
hourly basis as follows:
RN and Professional Group:
• $10.00 per hour for each hour, or part thereof, worked over the four (4)
hour minimum on the day shift, and
• $15.00 per hour for each hour, or part thereof, worked over the four (4)
hour minimum on evening, nights, weekends and holiday shifts.
Technical and Clerical Group:
• $5.00 per hour for each hour, or part thereof, worked over the four (4)
hour minimum on the day shift, and
• $10.00 per hour for each hour, or part thereof, worked over the four (4)
hour minimum on evening, nights, weekends and holiday shifts.
Service and Maintenance Group:
• $3.75 per hour for each hour, or part thereof, worked over the four (4)
hour minimum on the day shift, and
• $8.75 per hour for each hour, or part thereof, worked over the four (4)
hour minimum on evening, nights, weekends and holiday shifts.
B. At the WCHOB site (different payment method due to daily OT and mandatory
OT differences in Master Agreement).
356
Eligible employees will be paid their regular rate (or voluntary overtime rate if
applicable) in accordance with their Contract plus a premium payment
of:
RN:
$10.00 for every hour worked over pre-scheduled hours.
LPN:
$7.00 for every hour worked over pre-scheduled hours.
Service and Maintenance Employees:
$5.00 for every hour worked over pre-scheduled hours.
Section 5. PLAN ADMINISTRATION
A. If approved at the discretion of the Site VP/President and/or designee, the plan
will describe a specific start and end date, list the site and units involved, and list
the eligible positions. The Manager of Human Resources will then communicate
the plan to the Union Leadership and the site managers for communication to the
staff.
B. Once a shift has been declared a bonus shift, all employees who have been
approved to work extra time or overtime based on the needs list will be paid the
bonus regardless if they were approved before the bonus was declared.
C. The bonus payment will be negated if an employee calls-in PTU or uses a PL day,
after the bonus plan has been implemented, during the pay period that
they worked a shift under this bonus incentive plan.
D. Employees who are off work on paid time off may volunteer to work under this
plan. The employee will be paid straight time for their paid time off and overtime
for all hours worked over the overtime threshold.
E. All bonus payments will be made the payday of the pay period in which the bonus
shift was worked. At the employee’s option, a request may be made to have
Kaleida hold the total bonus payments earned and pay it out in one lump sum
amount in the pay period immediately following the end of the bonus period.
357
Letter of Intent
Uniforms
It is agreed to and understood by Kaleida Health and the 1199 SEIU United Healthcare Workers
East, Communications Workers of America, AFL-CIO and the International Union of Operating
Engineers, AFL-CIO that an agreement was reached during the current set of contract
negotiations that the job title ‘materials handlers’ shall be included in Article 60 - Uniforms,
effective January 1, 2017.
358
Letter of Intent
June 17, 2016
Jim Scordato
Vice President
Service Employees International Union/1199
United Healthcare Workers East
2421 Main Street
Buffalo, NY 14214
Re: SEIU 1199 Upstate Regional Labor Management Project Fund
Dear Jim,
During these negotiations for a successor agreement to the current Master Collective
Bargaining Agreement, the parties have discussed their mutual recognition that the current joint
labor management projects undertaken by the parties at Women & Children’s Hospital of
Buffalo have been highly successful.
In these negotiations SEIU 1199 has made proposals to create an Upstate version of
existing Labor Management Project Funds that exist elsewhere in the Local. The Parties further
recognize that this kind of joint Labor Management cooperation represents a substantial benefit
to quality outcomes for our valued patients, employees represented by SEIU 1199, and the
community at large.
The Union has proposed, and the parties have engaged in meaningful discussions
concerning Kaleida Health’s future participation in this Upstate Regional Labor Management
Project Fund. As we have discussed, following the legal establishment of this proposed Upstate
Regional Labor Management Project Fund, in accordance with the provisions of the Taft Hartley
Act, Kaleida Health is committed to the concept of promoting joint labor management projects,
and will commit to becoming the first contributing employer at the amount of ¼ % of gross
payroll and sole Management trustee to the plan in accordance with all applicable statutes and
requirements, not later than 120 calendar days following establishment.
At that point in the future when this Upstate Regional Labor Management Project Fund
has been fully constituted as a legal entity, Kaleida Health reserves all its rights as provided
under the Taft Hartley Act, including its rights to withdraw from this plan.
Sincerely,
Daniel J. Farberman
359
New Letters of Intent
PLACEHOLDER FOR SCANNED PRE_SIGNED LETTERS
7 PAGES
360
New Letters of Intent
PLACEHOLDER FOR SCANNED PRE_SIGNED LETTERS
7 PAGES
361
New Letters of Intent
PLACEHOLDER FOR SCANNED PRE_SIGNED LETTERS
7 PAGES
362
New Letters of Intent
PLACEHOLDER FOR SCANNED PRE_SIGNED LETTERS
7 PAGES
363
New Letters of Intent
PLACEHOLDER FOR SCANNED PRE_SIGNED LETTERS
7 PAGES
364
New Letters of Intent
PLACEHOLDER FOR SCANNED PRE_SIGNED LETTERS
7 PAGES
365
New Letters of Intent
PLACEHOLDER FOR SCANNED PRE_SIGNED LETTERS
7 PAGES
366
Memorandum of Understanding # 1
DMH/TCCS
Life Insurance
It is hereby agreed, by and between KALEIDA HEALTH (hereinafter referred to as
“Kaleida” or “Employer”) and COMMUNICATIONS WORKERS OF AMERICA (hereinafter
referred to as “Union” or “CWA”) that the DeGraff Memorial Hospital TCCS Bargaining union
Grievance involving Life Insurance is settled as follows:
1. Kaleida will continue Life Insurance Coverage for all DeGraff Hospital TCCS
Bargaining Unit employees who had at least five (5) years of employment as of
December 1, 2000. A list of the effective employees is attached hereto and made a part
hereof.
2. In addition, Kaleida will agree, effective August 1, 2005 to cover the seventeen (17)
employees who have already retired since the inception of the first Master Agreement. A
list of the affected hereto and made a part hereof.
3. Finally, the parties agree that the issue of Life Insurance for members of the DeGraff
Memorial Hospital TCCS Bargaining Unit is closed and no additional persons at DeGraff
Memorial Hospital have any rights to this benefit.
Memorandum of Understanding # 2
RNFAs Millard Fillmore
Section 1. The following named employee is an RNFA in the Kaleida Health system who is
assigned to work at , MFH-S and DMH and who will continue to be classified as a salaried
employee.
a.) Marlene Craden
Memorandum of Understanding # 3
Health Insurance Grandfathering
During the negotiations what resulted in the 2005 Collective Bargaining (Agreement) between
the parties, an agreement on new health insurance language and benefits was reached. The
grandfathering of existing benefits for employees hired into the affected bargaining units on or
before July 12, 2005, is included in this Agreement and is outlined below.
Section 1. Employees who take a leave of absence after July 12, 2005 and who do not
continue their health insurance coverage through COBRA will not be eligible to re-enroll under
the grandfathered plan rates. It is understood that employees who take a leave of absence after
the first day of the month and return to work before the last of the same month will not have an
interruption in health insurance coverage. However, an employee whose leave of absence
367
extends beyond the end of the month and into the following month must continue their health
insurance coverage through COBRA to maintain their grandfathered status as it relates to their
health insurance rates.
Section 2. Employees who are on disability and are covered by grandfathered health
insurance rates prior to their disability will be eligible to resume grandfathered health insurance
rates when they return to work, providing the employee returns within forty (40) weeks of the
date they go on disability. If the employee returns after forty (40) weeks they will only be
grandfathered if they continued health insurance coverage through COBRA.
Section 3. Employees who are out on Workers’ Compensation and are covered by
grandfathered health insurance rates prior to workers’ comp will be eligible to resume
grandfathered health insurance rates when they return to work, providing the employee returns
within fifty-two (52) weeks of the date they go out on Workers’ Compensation. If the employee
returns after fifty-two (52) weeks, they will only be grandfathered if they continued health
insurance coverage through COBRA.
Section 4. Employees who are actively working and are covered by grandfathered health
insurance rates and who are laid off will be eligible to resume grandfathered health insurance
rates when they are recalled.
Section 5. Employees, who are actively covered by a grandfathered health insurance rate,
will lose the grandfathered status if they bid on and transfer to a position that is not covered by a
grandfathered plan. Exception, if the employee exercises his/her right to return to their original
position within thirty (30) days of transfer, will resume or continue enrollment in the
grandfathered Health Insurance plan rate. If the employee transfers between CWA 1168 BGH
RN and CWA 1168 BGH TCC or vice versa, they will remain in the grandfathered status.
Section 6. Employees who resign voluntarily and who were in a grandfathered health
insurance rate will not be eligible to be grandfathered if they are rehired.
Memorandum of Understanding # 4
Operating Room Service Leaders BGH, DMH and MFH
It is hereby agreed, by and between KALEIDA HEALTH, and the COMMUNICATIONS
WORKERS OF AMERICA, AFL-CIO that issues associated with the OR Service Line
Coordinator employees at Buffalo General Hospital, DeGraff Memorial Hospital, and Millard
Fillmore Suburban Hospital are resolved as follows.
1.) The position of OR Service Line Coordinator will be distinct from that of the Surgical
Service Nurse (OR Staff Nurse).
2.) The OR Service Line Coordinator will continue to circulate in the OR and will continue
to perform the duties expected of a Surgical Service Nurse in addition to their Service
Line Coordinator responsibilities.
368
3.) The OR Service Line Coordinator will be included in the rotation of holidays, weekends
and on-call among the Surgical Service Nurses at their respective work sites and in
accordance to the CBA.
4.) The OR Service Line Coordinator will retain their respective work schedules without
rotation except that at DMH the Service Line Coordinator may be rotated to the off shift.
5.) The OR Service Line Coordinator will be paid a per hour rate consistent with charge pay
as outlined in Appendix D, Section 2 in addition to their base hourly rate for all hours
paid in this job title.
6.) The OR Service Line Coordinator will be self-staffed for all planned absences.
7.) Surgical Service Nurses will be paid a per hour rate consistent with charge pay as
outlined in Appendix D, Section 2 in addition to their base hourly rate for all hours that
they are assigned in the OR Service Leader role when the regular OR Service Line
Coordinator is absent.
8.) It is agreed and understood by all parties that in any layoff situation involving either OR
Service Line Coordinator or Surgical Service Nurse (OR Staff Nurse) the affected
employee(s) will first have the options available to their title and then will, if necessary,
be provided the options available to the other title.
Memorandum of Understanding # 5
Holidays in the Operating Room at WCHOB for the RN and Technical Bargaining Units
Due to the nature of scheduling on holidays in the Operating Room at WCHOB, where two (2)
staff members (2 RN’s or 1 RN and 1 Surgical Technologist) are needed, the following will
apply:
Section 1. Each employee (RN and Surgical Technologist) will choose, in seniority order,
one (1) eight (8) hour shift from the following holidays: Memorial Day, Independence Day,
Labor Day, Thanksgiving Day, Christmas Eve (3:00 pm – 11:00 pm), Christmas Day, New
Year’s Eve (3:00 pm – 11:00 pm) and New Year’s Day. There will also be enough option slots
available to allow one holiday or option slot for each employee.
Section 2. If it is necessary to schedule additional holidays to employees to meet staffing
needs, staff will be asked to volunteer for an additional holiday. If staffing remains insufficient
for any holidays, it will be provided by the least senior employees in the department, chose in
seniority order, provided there is always at least one (1) RN scheduled. Additional holidays will
be designated as such on the posted schedule.
Section 3. Bidding for these holidays will be done at the time of vacation selection. An
employee’s scheduled vacation does not excuse the employee from their holiday obligation.
369
Section 4. Working a shift other than the employee’s primary shift will be considered their
holiday obligation.
Section 5. Holiday premium will be paid per Article 82 Holidays.
Section 6. In the event of downsizing on a holiday, employees schedule to work and
additional holiday will be asked to downsize first in seniority order. If there is no employee in
this category, downsizing will be done based on seniority of all scheduled staff.
Section 7. If a holiday becomes understaffed due to PTU, DBL or unforeseen absence, it will
be staffed by an employee in an option slot and will be chosen in seniority order among these
employees. If there is no need throughout the year, an employee in an option slot may not need
to work a holiday.
Section 8. Switching of shifts between employees may be done after the schedule is posted
and according to Article 15 Hours of Work and Work Schedules.
Memorandum of Understanding # 6
Red Circled Employees
Those employees who currently receive an hourly rate that is higher than the respective scale rate
will be red circled and receive no increase until their current rate falls below the proper scale
rate.
Memorandum of Understanding # 7
1199 SEIU/IUOE Local 17
Maintenance Employee Allowances
Section 1. All maintenance employees will be entitled to the following work related expense
allowances.
a.) Prescription Safety Glasses, Tools and Work Boots: Maximum calendar year
reimbursement allowance of six hundred dollars ($600.00). If employee’s
glasses or work boots are damaged due to work on the Employer’s projects at any
time during the year, replacements for like quality and value will require
managerial approval.
b.) Tools: All employees must have available for the performance of their duties,
their own hand tools to the extent, type and character reasonably suited to and
necessary for the performance of their duties. The Employer will replace such
hand tools that are damaged at work or worn beyond repaid due to use for
Employer projects. Such replacement tools shall be reimbursed for like quality
and value which requires prior managerial approval.
370
Memorandum of Understanding # 8
Seasonal Employees
The following is the agreement reached between Kaleida Health (hereinafter referred to as the
“Employer”) and 1199 SEIU United Healthcare Workers East; the Communications Workers of
America, AFL-CIO; and the International Union of Operating Engineers, Local 17S, AFL-CIO;
(collectively, “the Unions”) as it relates to the development and implementation of Seasonal
Employees at Kaleida Health.
The Employer and the Union agree to meet and discuss the need for Seasonal Employees to meet
the changing demands on staffing and employment retention. Seasonal Employees shall be an
agenda item for the Staffing Committee. The guidelines of a Seasonal Employee will include but
not be limited to the following:
1.) A seasonal employee is an employee that is hired to work a minimum
of three (3) consecutive months to a maximum of six (6) consecutive
months with a minimum commitment of fifteen (15) hours per week.
2.) An employee who is accepted into a seasonal position must work the
shift duration scheduled in that department and the weekend
requirement will be consistent with the department they are assigned
and/or scheduled to work.
3.) Employees who change to seasonal status shall remain in the salary
grade and step they were in as a regular employee and shall advance
on the wage progression scale as out lined in Article 23, Salaries.
4.) If it is agreed by the Employer and the Union that if a Seasonal
Employee category shall be offered at the Hospital, such terms and
conditions will be reduced to writing and supplement the collective
bargaining agreement “categories of employees” Section.
Memorandum of Understanding # 9
Multi-Site On-Call Program/GI Lab
Section 1. This multi-site on-call will provide coverage for emergent cases during times
when departments are closed, seven (7) days a week. Employees will be responsible for
coverage at two (2) sites only. Sites will be assigned for coverage as follows:
a.) DeGraff and MFS
Section 2. The GI Lab on-call hours will be:
a.) Monday through Friday from 6:00 pm to 6:00 am; and
b.) Saturday, Sunday and Holidays from 6:00 am to 6:00 am (24 hour coverage).
371
Section 3. Two (2) RN’s (or one (1) RN and one (1) RN, LPN, or GI Technician once the
software interface has been completed) will be on-call to cover two (2) sites as listed in Section
1. above. This call will be covered by all employees at the designated sites and there will be
orientation to both sites. They will be oriented to both sites prior to assignments to take call at an
off-site.
Section 4. The on-call nurses may not be used to finish scheduled cases that have run over
on a given day.
Section 5. In the event that there are not sufficient volunteers to cover on-call, it will be
assigned to fully trained GI nurses/technicians in reverse seniority order.
Section 6. It is understood that the staff may determine the scheduling method as long as all
time is covered. It is understood that they will not be exempt from the weekend/holiday
commitment. (Holidays are the six (6) major holidays defined in the Master Agreement PTO
Article 20, Section 14).
Section 7. Process:
a.) The requesting physician will contact the site Nursing Supervisor and/or the
switchboard operator. GI emergencies have been defined as GI bleed, foreign
body, cholecystitis, colonic decompression and bronchoscopy *. The switchboard
operator and Nursing Supervisor are supplied with a call schedule. The operator
pages the RN on-call. The RN may contact the requesting physician to receive
patients’ history and type of procedure needed or additional information to
coordinate care. The supervisor will be responsible to ensure the physician is
appropriately credentialed for the requested procedure.
b.) If there are two (2) call-ins requested at the same time or one (1) comes in when
the nurse is at another site, the site supervisors will intervene. They will discuss
the situation with the requesting physicians and come to some decision regarding
urgency. If the case can wait until the first one is done, the nurse will report to the
site when finished. If the case cannot wait, the supervisor will have a list of all
existing GI staff in each department and begin to call to find additional support.
The staff called in will receive the usual on-call/call in per contract.
c.) The Corporate GI Committee will review any case that is done and does not meet
the above-defined criteria for ‘emergent’. The RN will report the case incident to
her/his site manager to forward to the GI Committee.
d.) Staff will comply with the Corporate Nursing GI on-call Policy.
Section 8. Payment Terms:
a.) Employees will be paid in accordance with the on-call and call-in provisions of
the Master Agreement.
372
b.) Staff will be paid ten percent (10%) over their base rate for all time worked at any
site that is not their site of origin.
c.) Employees who called in to a site other than their home site on weekends, will
receive a lump sum of fifty dollars ($50.00) for each call-in.
d.) Employees who are called in on the Monday-Friday schedule (corporate call) will
receive a lump sum of fifty dollars ($50.00) for each call-in (to any site).
In the event that an employee is called in a 2nd time within the four (4) hour period following the
1st case, the employee will be paid call-in for both cases provided the terms of section 4. in
Article 21 On-Call Pay is followed.
Memorandum of Understanding # 10
Special Projects
1199 SEIU/IUOE Local 17
Section 1. For purposes of this memorandum, the term “special projects” shall refer to major
construction, renovations, and any large scale repairs under time constraints that are not
considered routine day-to-day maintenance work.
Section 2. On a quarterly basis the Employer will meet with the Union to review all special
projects for that quarter prior to the start of a designated special project. During these meetings
the Employer shall give an explanation of all aspects of said projects to the Unions. Should any
questions or a dispute arise, the Union shall meet with the site supervisor and/or plant operations
director to resolve any dispute/question. Upon mutual agreement, additional meetings may be
scheduled throughout the year to discuss any changes within the scope of the special project or
addition of special projects for that year.
Section 3. Building Trades employees shall be employed per diem and scheduled only when
the work in question is designated a special project.
Section 4. It is understood that there will be no layoffs of anyone in the SEIU/IUOE
bargaining unit because of the use of building trades employees on these special projects.
Section 5. Furthermore, there will be no reduction in hours (straight or overtime) caused by
the utilization of building trades employees on special projects.
Section 6. When a special project is winding down, overtime opportunities, if any, will be
split between the bargaining unit members.
Section 7. Building trades employees shall not do normal day-to-day maintenance work; nor
shall they be utilized to prevent an expansion of the bargaining unit.
373
Section 8. Finally, it is understood that once bargaining unit employees are offered overtime
opportunities created by these special projects, these opportunities shall, wherever practicable, be
offered in blocks of a minimum of four (4) hours.
Memorandum of Understanding # 11
Rotating Positions
Section 1. Currently the Employer has positions as listed in Section 7. below that are hired to
a primary shift with rotation to alternate shifts. Such positions shall continue to rotate.
Section 2. All holidays and prescheduled PTO will be approved for rotating positions on the
employee’s primary shift.
Section 3. When an employee is rotated to work a shift that is more than eight (8) hours
different than their primary shift, they shall have the opportunity to have a minimum of twenty-
four (24) hours off before returning to their primary shift. Additionally, the employee will not be
assigned to work more than two (2) different shifts in any four (4) week time period unless under
mutual agreement. Employees working extended shifts who rotate to the night shift shall receive
forty-eight (48) hours off before returning to the day shift.
Section 4. Employees will not be assigned to rotate to an alternate shift on a holiday, unless
mutually agreed upon by both the employee and the Employer.
Section 5. Employees that are regularly scheduled for operational needs for an evening and
then a following day, (e.g. clinics), shall not be covered by this Memorandum. Any changes to
current practice will be presented at site Job Security meetings.
Section 6. The IUOE practice of scheduling shift engineers shall be continued and not
governed by this Article.
Section 7. The rotating positions referred to in Section 1. above are listed below.
Department
Job Title
10001 – CHOB Admissions
Patient Registration Representative
10015 – CHOB Pharmacy
Pharmacists
Pharmacy Technicians
10037 – CHOB Clinical Education
Clinical Nurse Educator
10044 – CHOB Sterile processing
Central Supply Technician
10087 – CHOB Neonate Transport
Physician Assistant
Certified Transport Nurse
Transport Nurse
10088 – CHOB Transport
Patient Support Associate
374
10109 – CHOB Radiology Diagnostic
Radiology Technologist
CATT Scan Technologist
10112 – CHOB Ultrasound
Lead Ultrasonography Technologist
Ultrasonography Technologist
10114 – CHOB MRI
Certified MRI Technologist
MRI Technologist
10146 – CHOB Nurse Practitioners
Nurse Practitioners
l0153 – CHOB Physical Therapy
Lead Physical Therapist
Physical Therapist
10154 – CHOB Occupational Therapy
Lead Occupational Therapist
Occupational Therapist
10158 – CHOB Speech Language Pathology
Speech Language Pathologist
10159 – CHOB Audiology
Audiologist
10401 – CHOB Oper Rms Peds Gyn*
RN Surgical Services
Surgical Technologist
10414 – CHOB Revry Rms Peds GYN *
RN Surgical Services
10453 – CHOB Stabilization Unit
RN Critical Care
11015 – DMH Pharmacy
Pharmacists
20717 – CHOB ESL
Clinical Lab Scientist
Medical Technician
22012 – DMH SNF Leisure Act
Activities Assistant
24042 – KH Corp Patient Access
Patient Registration Representative
24190 – CHOB Distribution Services
Materials Handler
24304 – CHOB Building Operations
Stationary Engineer
24308 – DMH Repairs
Shift Engineer
* Please refer to Kaleida Health’s letter to 1199 SEIU of June 21, 2011 regarding filling of
future vacancies on such units on a non-rotating basis.
Memorandum of Understanding # 12
Drop and Add Relative to FTE
When employee(s) within a unit request a change to their FTE status:
a.) Two (2) employees from the same job title in a unit may propose a change in their
FTE status without changing the total FTEs or FT/PT ratio of that
unit/department.
b.) Requests must be submitted in writing to the manager and then presented at Job
Security.
375
c.) Open position, new positions or those that become available of .5 FTE or greater
will be posted as per the Master Agreement, Article 53, Job Bidding and
Transfers.
d.) Once reviewed and approved at Job Security, the hours will be posted on the unit
for seven (7) calendar days and awarded by seniority.
e.) If no other volunteers sign up during this time frame, the change in status will
become effective beginning with the next time block after change is authorized
with consideration to the needs of the unit and the competency of the affected
employees.
f.) Hours will be awarded in quantities of .1 to no more than .5 FTE in descending
seniority order applicable to the employee current shift and length of shift.
g.) If no employees are interested in increasing their FTE, this process will not
continue.
h.) Per diem employees are not allowed to participate in this process.
Memorandum of Understanding # 13
Patient Management Social Workers: Buffalo General Medical Center, Millard Fillmore
Suburban Hospital, DeGraff Memorial Hospital
This MOU applies to Social Workers within the Patient Management Department at Buffalo
General Medical Center (BGMC), Millard Fillmore Suburban Hospital (MFSH) and the DeGraff
Memorial Hospital (DMH).
The Patient Management Social Workers at BGMC, MFSH and DMH will be assigned on-call as
follows:
Section 1. A Social Worker will be assigned on-call in one (1) week increments to cover the
departments that are closed for business. Coverage will be from close of business until 8:30 am
every day. If a department is closed on a Saturday or Sunday the person assigned on-call will be
covering that site from 8:00 am to 8:00 pm. No one will be assigned on-call while working on
duty.
Section 2. The Social Worker On-Call will be assigned a pager and a cell phone for this
work.
Section 3. Upon being paged from the site(s), Social Workers will be responsible for
coordinating rehabilitation and long term care placement for patients and other Social Work
duties as needed.
376
Section 4. Social Workers will be paid on-call pay for the time spent actually on-call as per
the provisions as outlined in Article 21 Section 3 of this Collective Bargaining Agreement.
Section 5. Social Workers will be responsible for properly and accurately recording all time
worked while on-call in accordance with Kaleida Health’s Time Keeping Standards (HR.309).
Social Workers are responsible for recording all time worked by remotely punching in and
punching out using Kronos. For time actually worked remotely while on-call, all punches less
than seven (7) minutes in duration will automatically be guaranteed up to seven (7) minutes for
the purposes of payment and wages. All punches over seven (7) minutes in duration will be paid
based on the actual time worked using the existing Kronos rounding rules while called in
remotely.
Section 6. Calls will also be logged on the Social Worker on call log.
Section 7. It is agreed that this arrangement will be monitored and tracked on an ongoing
basis. Two (2) months after the implementation of this process, a committee consisting of
Patient Management leadership, CWA Local 1168 representation, and Human Resources will
convene to review utilization.
Memorandum of Understanding # 14
Bulletin Boards
FOR 1199 SEIU:
The Employer agrees that the bulletin boards referred to in Article 95 of this Agreement will be
maintained in the following areas for the 1199 SEIU bargaining units.
a.) 219 Bryant Street:
1.) outside cafeteria;
2.) basement;
3.) lounges.
b.) Other WCHOB sites including 125 Hodge Street, 140 Hodge Street, 239
Bryant Street, Towne Gardens Clinic, 1010 Main Street, 1026 Main Street
and 1028 Main Street:
1.) breakrooms.
c.) Millard Fillmore Hospital-Suburban:
1.) hallway outside of Human Resources;
2.) hall entrance to cafeteria;
3.) hallway outside laboratories;
d.) Buffalo General Medical Center:
1.) hallway outside cafeteria;
2.) hallway outside the Nursing office;
3.) basement near the time clock in B Building;
4.) basement near the environmental services office.
377
e.) Gates Vascular Institute
1.) first floor.
f.) HighPointe on Michigan
1.) in cafeteria
g.) Larkin Building:
1.) Second Floor;
2.) Third Floor.
h.) Great Arrow Building:
1.) breakroom.
i.) Women’s Health Clinic at ECMC 462 Grider, Buffalo, NY
1.) breakroom.
j.) McKinley OB/GYN Clinic, 3860 McKinley Pkwy, Hamburg, NY
1.) breakroom.
k.) Lancaster OB/GYN Clinic, 6863 Transit Road, Lancaster, NY
1.) breakroom.
l.) Lockport OB/GYN Clinic, 475 Transit Road, Lockport NY
1.) breakroom
m.) WCHOB Child Advocacy Center, 556 Franklin, Buffalo NY
1.) breakroom
FOR CWA:
The Employer agrees that the bulletin boards referred to in Article 95 of this Agreement will be
maintained in the following areas for the CWA bargaining units.
a.) Larkin
1.) breakroom.
b.) Buffalo General Medical Center:
1.) hallway outside of the cafeteria;
2.) hallway in the Nursing Office;
3.) 1313 Main Street, Breakroom
4.) 1026 Main Street; and
5.) 1028 Main Street.
c.) Gates Vascular Institute:
1.) first floor.
378
d.) Center for Laboratory Medicine/Flint Road:
1.) in the cafeteria.
e.) HighPointe on Michigan:
1.) in cafeteria.
f.) DeGraff Memorial Hospital:
1.) hallway directly across from the entrance to the cafeteria; and
2.) a table will be provided in the cafeteria for distribution of other
Union material.
3.) SNF (Location to be determined)
g.) Millard Fillmore Hospital Suburban:
1.) hallway outside of Human Resources;
2.) hall entrance to cafeteria;
3.) hallway outside the Laboratories; and the
4.) 1542 Maple Road (Location to be determined)
h.) Hertel Elmwood Clinic/North Buffalo Medical Park:
1.) breakroom.
i.) Laboratory Patient Service Centers:
1.) breakroom.
j.) 705 Maple Road
1.) Suite 100 (Location to be determined
2.) Suite 200 (Location to be determined)
FOR IUOE:
The Employer agrees that the bulletin boards referred to in Article 95 of this Agreement will be
maintained in the following areas for the IUOE bargaining units.
a.) DeGraff Memorial Hospital:
1.) near the facilities break room.
FOR ALL UNIONS/BARGAINING UNITS:
If there are any future Kaleida Health sites where employees represented by the Union(s) are
employed, the parties will tour the facility and mutually select locations for Union bulletin
boards.
379
Memorandum of Understanding # 15
Contract Printing
The Employer and the Unions will split the cost of contract printing equally between Kaleida
Health, CWA and SEIU.
Memorandum of Understanding # 16
Millard Fillmore Suburban Hospital Registered Nurse
Self Staffed/Closed Units
Section 1. The following units at Millard Fillmore Hospital – Suburban, are presently self-
staffed/closed units.
a.) Labor & Delivery;
b.) Mother Baby Unit;
c.) Intensive Care Unit.
Section 2. It is agreed to by the parties that the units stated above will remain self-staffed/
closed for the life of this Agreement under the current guidelines that are in place for each unit
listed above.
Section 3. NICU eligibility as a self-staffed unit will be re-evaluated six (6) months after
ratification.
Memorandum of Understanding # 17
Buffalo General Hospital RN and TCC Shift Rotation
It is agreed to and understood by the parties, that the current method of shift rotation outlined in
this MOU, for the registered nurse and technical, clinical/clerical bargaining units at the Buffalo
General Hospital (BGH) will remain in effect for one (1) year following the ratification of this
Agreement or until there has been a substantial decrease in the amount of shift rotation required
for a period of six (6) continuous months. The hiring of the necessary evening and night shift
employees and the decreased need for shift rotation will be monitored by the Staffing and
Productivity site committee at the BGH.
Section 1. Full-time and part-time employees who have less than four (4) years of
continuous employment and who are employed in departments that have scheduled shift
work (except as provided in Section 11.), shall be rotated for staffing coverage on alternate shifts
(evenings and nights) in such a manner that shift work is distributed as evenly as possible
between them, except when an employee specifically requests to be rotated. All attempts will be
made not to schedule employees to an off shift, if such rotation creates a staff hole on the day
shift.
380
Section 2. Employees with four (4) years or more of continuous employment in a
full-time or part-time position will not be rotated to alternate shifts except in the
following cases:
a.) when a charge person is needed and no employee having less years of
continuous employment is qualified to assume charge;
b.) when an individual with certain competencies, (e.g., ACLS) is required,
no employee having less years is qualified;
c.) when no employee assigned to the nursing unit or cost center has less than
four (4) years of continuous employment;
d.) when all other employees assigned to the nursing unit or cost center with
less than four (4) years of experience have rotated to the limit of alternate
shifts described below; or
e.) when all other employees assigned to the nursing unit or cost center with
less than four (4) years of experience have been granted benefit time for
the period during which rotation is necessary.
Section 3. No employee with less than four (4) years of continuous employment shall
rotate more than the number of shifts equivalent to the employees FTE in a pay period in
any four (4) week time block, unless they are the only employees permanently assigned
to a nursing unit/cost center in a rotation position.
Section 4. Employees will rotate in the following manner:
a.) Those employees with 0-4 years of continuous employment will rotate
first, according to the schedule in Section 3. of this Article.
b.) Those employees with 4-15 years of continuous employment will rotate
second, when:
1.) there are no employees with 0-4 years of continuous employment;
or
2.) all employees with 0-4 years of continuous employment have
rotated to the limit as described in Section 3. of this Article;
3.) the rotation shift in each time block will be distributed evenly
beginning with least senior employee.
Section 5. There will be no shift rotation after fifteen (15) years of continuous
employment.
381
Section 6. For Registered Nurses, years of continuous employment for the purposes
of this Article shall mean the amount of time that an employee is employed as an
RN/LPN.
Section 7. No employee shall be assigned to work more than two (2) different shifts
in any seven (7) day period of time. Employee rotated from 7:00 am - 3:00 pm to 3:00
pm - 11:00 pm shall be offered the option of having a long day scheduled after the 3:00
pm - 11:00 pm rotation, whenever reasonably possible.
Section 8. If an employee is rotated to an 11 -7 shift on a Friday, that shift shall be
counted as a weekend shift worked toward the weekend commitment.
Section 9. Employees with four (4) years or more of continuous employment may
rotate to more shifts than described above at their request, if such coverage is needed.
Section 10. In the event of a temporary nursing unit or cost center closure an
employee who is temporarily reassigned to another unit or is reassigned to float on a
daily basis shall not be required to rotate.
Section 11. Extended Shifts
a.) the maximum amount of shifts rotated shall be:
Full-time employees who have less than four (4) years of continuous
Employment shall be rotated for staffing coverage on the off shift no more
than six (6) shifts during a four (4) week block of time;
Part-time employees who work five (5) shifts in a two (2) week time
period with less than four (4) years of continuous employment shall be
rotated for staffing coverage on the off shift no more than five (5) shifts
during a four (4) week block of time;
Part-time employees who work three (3) or four (4) shifts in a two (2)
Week time period, with less than four (4) years of continuous employment
shall be rotated for staffing coverage on the off shift no more than four (4)
shifts during a four (4) week block of time.
b.) Employees with four (4) - fifteen (15) years of continuous employment
will rotate as per Section 2 a.) - e.) above.
c.) Employees who rotate to night shift shall receive two (2) consecutive long
days off when coming back to the day shift.
382
Memorandum of Understanding # 18
Operating Room and Multi-Specialty Procedure Areas (MPA)
Service Line Coordinators at WCHOB
It is hereby agreed, by and between KALEIDA HEALTH, and the 1199 SEIU United Health
Care Workers East, that issues associated with the OR Service Line Coordinators employees at
WCHOB are resolved as follows.
1.) The OR Service Line Coordinators will continue to circulate in the OR or MPA
and will continue to perform the duties expected of a Surgical Service Nurse in
addition to their Service Line Coordinators responsibilities.
2.) The OR Service Line Coordinators will be included in the rotation of holidays,
weekends and on-call among the Surgical Service Nurse in accordance to the
CBA
3.) The OR Service Line Coordinators will be paid a per hour rate consistent with
charge pay as outlined in Appendix D, Section 2 in addition to their base hourly
rate for all hours paid in this job title.
4.) Surgical Service Nurses will be paid a per hour rate consistent with charge pay as
outlined in Appendix D, Section 2 in addition to their base hourly rate for all
hours that they are assigned in the OR Service Line Coordinators role when the
regular OR Service Line Coordinators is absent.
5.) The parties agree that upon ratification of this agreement any vacant Service Line
Coordinator Positions will be filled in accordance with Article 53 - Job Bidding
and Transfers. Current Service Line Coordinators will remain in their current
positions.
Memorandum of Understanding # 19
WCHOB Per Diem Employees Holiday Commitment
It is understood that WCHOB per diems that have a holiday commitment will follow Article 82,
Holidays in the Master Agreement. This will include the following bargaining unit agreements:
RN/LPN, NP, and Technical.
Memorandum of Understanding # 20
WCHOB RN Mandatory Overtime
Section 1. Mandatory overtime is defined as overtime required to be worked and assigned by
the Nurse Manager and/or designed as per section 167 of the New York State Labor Law to
ensure staffing levels are met. It does not included overtime worked by a nurse on the shift
immediately following his/her scheduled shift, which involves completion of tasks begun on the
383
originally scheduled shift (e.g. completion of charts). When such situations arise, the employee
will be compensated at two (2) times their hourly rate for every hour worked.
Section 2. The Hospital will follow provisions of section 167 of the New York State Labor
Law and make every effort to avoid use of mandatory overtime.
Section 3. If a mandatory overtime situation exist.
a.) Any employee working in this capacity will be compensated at two (2)
times their hourly salary.
b.) Overtime will be assigned or granted by ascending seniority on a rotating
basis if applicable. As most units maintain a current record of MOT
rotation, this will be continued.
c.) Float pool personnel pre-assigned on the original schedule to a clinical
unit will be included in the MOT rotation.
d.) No employee will be mandated to work overtime on two consecutive days
when at least four (4) hours were worked.
e.) No employee will be mandated to work overtime more than twice in a
seven (7) day period.
f.) An employee who works mandatory overtime will receive first choice for
time off on the unit the following day, regardless of seniority, if unit
census and staffing permit.
Memorandum of Understanding # 21
WCHOB RN STAT Team
Section 1. STAT Team will be eligible for forty-eight (48) hours of educational time per calendar
year, thirty-two (32) hours of which will be scheduled by the Hospital. The other sixteen (16)
hours per calendar year of educational time will be scheduled based on the request of the nurse
as approved by his or her supervisor. Reports of educational activity will be submitted by each
employee as requested by the management representative designated by the Hospital.
Section 2. The Stat Team will self schedule their own dedicated hours. The schedule
will be completed one week prior to PICU/ED schedule requests due date. Remaining
hours up to FTE status will be scheduled in the respective units to maintain competency.
Section 3. Every attempt will be made to have two (2) Stat RNs scheduled for each day
shift with the understanding that the 2nd RN may be on call as indicated. Only one will
be dedicated but it may be necessary to mobilize the 2nd nurse. The second STAT RN
will be scheduled in the respective unit in accordance with unit seniority.
384
Section 4. Additional duties and responsibilities of the STAT RN will be assigned with
the understanding by all staff that the STAT RN is expected to leave immediately should
a transport call come in. When the STAT RN leaves on a call, she/he will notify the
designated individual so that this person informs the departments of the STAT RN's
temporary unavailability.
Memorandum of Understanding # 22
WCHOB RN Neonatal Transport Nurse
Section 1. A Transport Nurse will work and be paid for a total of thirty-nine (39) hours
per work week which will include "Education Hours" for a total of 13 hours per day
pursuant to a schedule. A part-time employee will work and be paid for thirteen (13)
hours per day for actual days worked. This will also include "Educational Hours". If a
Transport Team member fails to meet the agreed upon requirements of "keeping in good
standing" as required by the Hospital, the employee shall be subject to Hospital policy
and be paid for actual hours worked until requirements are met. The Transport
Coordinator will first issue a written note of non-compliance to any such employee and if
in thirty (30) days the requirement is not met enforcement will be at Hospital discretion
per policy.
Section 2. The Transport Team is to be considered separate from the ICN Nursing Staff
in regards to staffing, holiday/vacation scheduling, etc. The Neonatal Transport Team may
exercise the right to develop practices/procedures with management (Transport Team
Coordinator) that are unique to the team and their employees. These practices/procedures
include but are not limited to scheduling and rotation of shifts to cover two facilities 24-hours a
day including Holidays.
Section 3. State requirements mandate that the Neonatal Transport Team must mobilize
and respond to a requested transport in a 30-minute time frame. Team members may
have the option to cover a shift that becomes available after a posted schedule as follows:
a.) placed on-call, per Article 21, On-Call
b.) working the shift and being paid at one and one-half time (1.5) times their normal
rate for all hours worked.
Section 4. For the purpose of job bidding, clinical unit seniority for Transport Team nurses
will be considered as clinical unit seniority from the Intensive Care Nursery.
Memorandum of Understanding # 23
WCHOB RN Certification Pay
Employees in possession of NRP or ACLS certification and employees assigned outside the
Emergency Room who possess PALS certification will be paid one hundred dollars ($100) if
they obtain such certification while employed by the Hospital and fifty dollars ($50) for each
recertification while employed by the Hospital.
385
Memorandum of Understanding # 24
WCHOB RN & Technical – ECMO Specialists
Section 1. The Hospital will make a reasonable effort to distribute available "pump time"
among all qualified ECMO Specialists, recognizing that patient needs vary day to day. This
paragraph will be administered within applicable competency requirements.
Section 2. This Memorandum of Understanding is intended to cover conditions in a new and
developing technology. Under the current technology the Hospital will not change the number
of pumps for which an ECMO Specialist is responsible which currently is one (1) pump per
ECMO Specialist; and the designation of care givers which currently is one (1) RN care provider
per ECMO patient aiding the ECMO patient.
Section 3. Designated ECMO Specialists will not be removed from the care of the
ECMO patient in order to be reassigned to other patient care responsibilities unless all
other options to meet the specific staffing needs of the unit have been exhausted.
Section 4. ECMO Specialists will give at least (2) weeks’ notice to the Program Director of
their resignation from the program.
Memorandum of Understanding # 25
Paid Time Off Grandfathering
Effective the start of the 2006 PTO plan year current employees will accrue on the Master PTO
schedule or the following schedule whichever is greater. It is understood that once an employee
is accruing under the Master PTO schedule, they will stay on that schedule. All new eligible
employees will accrue under the Master Schedule.
a.) Buffalo General Hospital Register Nurse Accrual Rates.
PTO
Years of Service
Accrual Rate
Per Hours
Maximum Annual
PTO Hours
Maximum Annual
PTO Days
End of probation to Last Day of 1
st
Year
0.1231
184.65
24
First Day of 2
nd
Year to Last Day of 2
nd
Year
0.1231
240
32
First Day of 3
rd
Year to Last Day of 3rd Year
0.1346
262.5
35
First Day of 4
th
Year to Last Day of 4thYear
0.1462
285
38
First day of 5
th
Year to Last Day of 5
th
Year
0.1500
292.5
39
First day of 6
th
Year to Last Day of 10
th
Year
0.1538
300
40
First Day of 11
th
Year to Last Day of 25
th
Year
0.1615
315
42
First day of 26
th
Year
0.1731
337.5
45
386
b.) Buffalo General Hospital Technical, Clinical-Clerical Accrual Rates.
PTO
Years of Service
Accrual Rate
Per Hours
Maximum Annual
PTO Hours
Maximum Annual
PTO Days
End of probation to Last Day of 1
st
Year
0.1154
173.10
23.08
First Day of 2
nd
Year to Last Day of 5
th
Year
0.1154
225
30
First day of 6
th
Year to Last Day of 7
th
Year
0.1385
270
36
First day of 8
th
Year to Last Day of 10
th
Year
0.1423
277.5
37
First Day of 11
th
Year to Last Day of 25
th
Year
0.1577
307.5
41
First day of 26
th
Year
0.1731
337.5
45
c.) Buffalo General Hospital Perfusionist and Ultrasonography Technologist Accrual Rates.
PTO
Years of Service
Accrual Rate
Per Hours
Maximum Annual
PTO Hours
Maximum Annual
PTO Days
End of probation to Last Day of 1
st
Year
0.1231
184.65
24.62
First Day of 2
nd
Year to Last Day of 2
nd
Year
0.1231
240
32
First Day of 3
rd
Year to Last Day of 3rd Year
0.1346
262.5
35
First Day of 4
th
Year to Last Day of 4thYear
0.1462
285
38
First day of 5
th
Year to Last Day of 5
th
Year
0.1500
292.5
39
First day of 6
th
Year to Last Day of 10
th
Year
0.1538
300
40
First Day of 11
th
Year to Last Day of 25
th
Year
0.1615
315
42
First day of 26
th
Year
0.1731
337.5
45
d.) Women and Children’s Hospital of Buffalo Registered Nurse Bargaining Unit.
All full-time and part time RN’s, who work the twelve (12) hour shift are eligible for
Paid Time Off ((PTO) according to the following Schedule.
PTO
Years of Service
Accrual Rate
Per Hour
Maximum
Annual
Hours worked
Maximum
Annual PTO
Hours
Maximum
Annual
PTO Days
Start Date to Last Day of 2
nd
Year
0.1154
1872
216
18
First Day of 3
rd
Year to Last Day of 3rd
Year
0.1368
1872
256
21.333
First Day of 4
th
Year to Last Day of
19thYear
0.1581
1872
296
24.667
First day of 20
th
Year
0.1795
1872
336
28.000
e.) Women and Children’s Hospital of Buffalo Licensed Practical Nurse Bargaining Unit.
All Current full time and part time LPN’s will be “frontloaded” 82.5 hours of PTO
effective the first pay period of the PTO plan year. New LPN’s will accrue as per the
Master Agreement Article PTO.
387
(1.) All full time and part-time LPN’s, who work the seven and one half (7.50) hour
shift are eligible for Paid Time Off (PTO) according to the following Schedule.
PTO
Years of Service
Accrual Rate
Per Hour
Maximum
Annual
Hours worked
Maximum
Annual
PTO Days
Start Date to Last Day of 2
nd
Year
0.0615
1950
27
First Day of 3
rd
Year to Last Day of 3rd
Year
0.0808
1950
32
First Day of 4
th
Year to Last Day of 21
st
Year
0.1000
1950
37
First day of 22nd Year
0.1192
1950
42
(2.) All full time and part-time LPN’s, who work the twelve (11.5) hour shift are
eligible for Paid Time Off (PTO) according to the following Schedule.
PTO
Years of Service
Accrual Rate
Per Hour
Maximum
Annual
Hours worked
Maximum
Annual
PTO Days
Start Date to Last Day of 2
nd
Year
0.0669
1794
18
First Day of 3
rd
Year to Last Day of 3rd
Year
0.0878
1794
21
First Day of 4
th
Year to Last Day of 21
st
Year
0.1087
1794
24
First day of 22nd Year
0.1296
1794
27
(3.) All full-time and part-time LPN’s, who work the twelve (12) hour shift are
eligible for Paid Time Off (PTO) according to the following Schedule.
PTO
Years of Service
Accrual Rate
Per Hour
Maximum
Annual
Hours worked
Maximum
Annual
PTO Days
Start Date to Last Day of 2
nd
Year
0.0641
1872
17
First Day of 3
rd
Year to Last Day of 3rd
Year
0.0841
1872
20
First Day of 4
th
Year to Last Day of 21
st
Year
0.1042
1872
23
First day of 22nd Year
0.1242
1872
26
388
Memorandum of Understanding # 26
WCHOB Floating Grid
PLACEHOLDER FOR SCANNED UPDATED GRID
1 Page
389
Memorandum of Understanding # 27
WCHOB Relocation to OCH
This Memorandum of Understanding is entered into between Kaleida Health (Employer) and Service
Employees International Union/1199 Union Healthcare Workers East (Union).
In preparation for the relocation of patients, employees and equipment to the John R. Oishei Children’s
Hospital (OCH) and the Conventus Medical Building (Clinics), we are agreeing that the following
guidelines are being established to support the relocation making it as safe and smooth as possible for our
patients. This Memorandum of Understanding, in conjunction with the Master Agreement, where
applicable, shall govern the terms for this relocation.
Establishing the staff for the new locations:
Employees will move to the new “OCH” and “Clinics” with the intent to follow their work. It is
management’s intent to formalize and communicate the staffing plans of the “OCH” and the “Clinics” no
later than the end of November 2016. It is the desire of management and union leadership to minimize any
disruption to the staff, by maintaining staff in a position as close to their current position after the relocation
is completed. The following guidelines are being established to meet this goal:
Department relocation with no effect to staff positions:
A presentation will be reviewed with 1199 SEIU Union and Delegate Leadership identifying the current
WCHOB staffing plan and demonstrating that there are no changes which would affect current staff
positions as they relocate to their anticipated “OCH” or “Clinics” positions maintaining their current
position, job title, status and shift.
In the event that Employees vacate their current WCHOB position prior to relocation, their current WCHOB
position will be posted and filled per the Master Agreement, Article 53, Job Bidding & Transfers, and the
successful bidder will assume the vacated position at WCHOB as well as the associated position in the new
“OCH” or “Clinics” upon relocation.
Department relocations with change to staff positions:
A presentation will be reviewed with 1199 SEIU Union and Delegate Leadership, identifying the current
WCHOB staffing plan(s), employees who performed the work, hours of work and schedule(s) as well as
the anticipated “OCH” or “Clinics” staffing plan(s), positions, hours of work and schedule.
Employees who currently performed the work in the department(s) that are identified in the presentation
will be offered positions within the new “OCH” or “Clinics” staffing plan by seniority:
1. Placing employees in the exact match positions by their job title, status and shift.
2. If an exact match position, (job title, status & shift) is not available, the employee will be offered a
position in a different status or shift in the department or be offered a WCHOB vacancy or new “OCH”
or “Clinics” position, in their division. If no position or vacancy is available, the employee may follow
the applicable Lay off & Recall Language for their bargaining unit.
390
4. Any remaining new “Clinics” positions will be posted for January 2017 placement and filled per the
Master Agreement, Article 53, Job Bidding and Transfers.
5. In the event that Employees vacate their current WCHOB position prior to relocation, their current
WCHOB position will be posted and filled per the Master Agreement, Article 53, Job Bidding &
Transfers, and the successful bidder will assume the vacated position at WCHOB and be placed in the
associated position at the new “OCH” or “Clinics” upon relocation. It is anticipated that any required
training for the new position will be completed prior to relocation.
Floating Grid:
Following completion of identifying and communicating the new staffing plans for the “OCH” and
“Clinics”, the Employer and 1199 SEIU Union and RN/LPN Union Delegates will meet to determine
changes to the Floating Grid to accommodate the department changes upon relocation.
Scheduling and work duties guidelines:
To assure the safety of our patients, the following guidelines are being created to facilitate the relocation to
OCH and Conventus.
• The relocation date of “OCH” and “Clinics” will be communicated prior to November 2016.
• PTO will not be prescheduled one (1) week prior to relocation and one (1) week after relocation of
the ”OCH” and “Clinics” except for “Special Time Requests”, as per the Master Agreement, Article
15, Hours of Work and Work Schedules. PTO requests that involve extraordinary circumstances
will be reviewed by management and any approval of these requests will also be reviewed with
1199 SEIU Union and Delegate Leadership prior to notifying the employee.
• Up to one week additional time may be required to compile schedules for the month of the move
when relocating to the “OCH” and “Clinics”.
• The timeframes for the holiday scheduling process may be delayed up to one week due to the
relocation. These timeframes will be reviewed with 1199 SEIU Union and Delegate Leadership
prior to implementation.
• In conjunction with WCHOB Leadership and SEIU 1199 Union Delegate leadership bargaining
units and/or departments which have an annual PTO selection process, that process may be delayed
up to one week to allow staff to select their PTO based upon their current WCHOB position and
then based upon their new OCH position within the “OCH” or Clinics” after relocation. In
bargaining units and/or departments which have PTO selection timelines/timeframes that would
result in PTO being selected and/or approved after the relocation of the “OCH” or “Clinics”,
employees will select their PTO based upon their OCH or Conventus position following relocation.
• To acclimate to their new “OCH” or “Clinics” location, employees will be required to visit the new
site prior to relocation. Staff may be requested to perform job functions outside of their typical job
description but within their skill set for safety concerns during the relocation.
• Staff participation in training and orientation will be required prior to and following the relocation.
Memorandum of Understanding # 28
Magnet Status
391
This Memorandum Of Understanding is being entered into by and between Kaleida Health, hereinafter
referred to as the employer, and the Communications Workers of America, AFL, CIO, hereinafter referred
to as CWA; the International Union of Operating Engineers, hereinafter referred to as IUOE; and 1199
SEIU United Healthcare Workers East, hereinafter referred to as SEIU or as the Unions.
Whereas, the Employer and the Unions agree to meet as soon as possible after the signing of this agreement
to discuss moving towards Magnet Status. Magnet status is awarded to hospitals by the American Nurses
Credentialing Center (ANCC) who satisfy a set criteria designed to measure the strength & quality of
nursing with excellent patient outcomes and employee satisfaction.
Memorandum of Understanding # 29
Uniform Colors - LTC and Hospital Setting Nursing Units
The Union agrees to have a discussion with the Employer on uniform colors.
Memorandum of Understanding # 30
Adult Site RN & Surgical Technologist Floating Grid
Effective January 1, 2017, when RNs or Surgical Technologists are floated (via Article 15 or
Article 18, using the process outlined in Article 19) at the adult sites (BGMC, Millard Fillmore
Suburban Hospital and DeGraff Memorial Hospital), it will be done within the groupings listed
below. RN’s and Surgical Technologists who have the competency to float to areas other than
those listed below are encouraged to do so on a voluntary basis.
Section 1. BGMC
a. Medical Surgical Grouping
1. 16 N/S, 15 N, 9 S
b. Telemetry Grouping
1. 15 S, 14 N & 14 S.
2. 13 N, 13S, 10 S & 10 N.
3. CAPD patients – 9 South and Float pool staff wherever assigned will also
float to take care of the CAPD patients on other units.
4. 4 N can float to 14 N & S.
c. Critical Care Grouping
1. MICU, SICU, CVICU, NSICU
2. MICU, SICU, CVICU, NSICU can float to the ILCU
392
3. ILCU does not float to MICU, SICU, CVICU or NSICU
4. NSICU can float to 4N (Progressive Care Unit).
d. Closed Units – No floating
1. VIS
2. 5 N
e. Specialty Areas
1. OR – Registered Nurses and Surgical Technologists will float within the 3
cost centers (GVI/BGMC OR/Ortho) to their specific level of trained
competency. Registered Nurses can also float to the holding area.
2. Special Procedure RN’s in the OR can float to the GI Lab holding
area/recovery and GI can float to the Urology area pre/post procedure.
3. The Staff on the Critical Care units can float to the ED to take care of
Critical Care Patients waiting for beds.
4. The following departments typically do not float due to their specialty
nature and are not considered a closed unit: ED, CT/MRI, PAT, Procedure
Labs, and PACU/ASU.
Section 2. Millard Fillmore Suburban
a. Medical Surgical Grouping
1. 2E, 3E, 3W, 2SE
b. Telemetry Grouping
1. 2 N - 2 SW
c. Critical Care Grouping
1. NICU/Neonatal ICU can float into the Newborn nursery
d. Closed Units
1. 2W – Mother Baby
2. Labor and Delivery
393
3. ICU
e. The following departments typically do not float due to their specialty nature and
are not considered a closed unit: ED, GI, Urology, Imaging, PAT, and OR.
Section 3. DeGraff Memorial Hospital
a. 5 W –could float to SCU (overflow patients)
b. SCU –5 W
c. ASU - PACU
d. The following departments typically do not float due to their specialty nature and
are not considered a closed unit: MRU, OR, GI, Clinics (OB/Women’s’,
Geriatrics), Infusion Center, and ED.
Memorandum of Understanding # 31
WCHOB Flexible Employees
This memorandum of Understanding is entered into by and between Kaleida Health
(“Employer”) and 1199/SEIU United Healthcare Workers East (“Union”).
Current Employees working in the school-based health clinics that are deemed flexible
employees will no longer count towards the overall 7.5% of nurses designated as flex employees
at Women’s and Children’s Hospital of Buffalo.
All current flexible employees working in the school-based health clinics that are deemed as
flexible employees will remain. All employees will be removed as flexible employees (article
11) from the school-based health clinics during time of attrition.
Any new flexible employees that area added to the school-based health clinics after ratification
will count towards the 7.5% of the overall number.
Memorandum of Understanding # 32
BGMC Registered Nurse Self Staffed Closed Units
Section 1. The following units at Buffalo General Medical Center are presently self-staffed
closed units:
1.) Vascular Interventional Suites (VIS)
2.) 5 North
Section 2. It is agreed to by the parties that the units stated above will remain self-staffed for
the life of this agreement under the current guidelines for each unit listed above.
Memorandum of Understanding # 33
394
Vacant Position Tracking
This Memorandum of Understanding is entered into by and between Kaleida Health
(“Employer”) and 1199/SEIU United Healthcare Workers East, Communications Workers of
America, and International Union of Operating Engineers (collectively, “Unions”).
It is agreed and understood that the parties will work jointly in creating a system that tracks all
vacant positions within the Kaleida system covered by this collective bargaining agreement.
This tracking system will be used to follow all vacant positions that will either be filled,
modified, or deleted from the system.
It is also agreed that until the system has been developed and is in use this will be a standing item
on the union management leadership team meetings agenda.
Memorandum of Understanding # 34
DeGraff Social Worker
DeGraff Memorial Hospital has recently reduced some positions due to declining census and
volume. Kaleida Health is interested in maintaining full time positions whenever possible. A full
time position in the Patient Management department has been reduced to part time effective
July 1, 2012. Kaleida Health is willing to maintain that position as full time provided the
employee can be required to work at another site where services are needed. The specific details
are as follows:
1.) A full time Social Worker position was reduced to part time (0.5). The employee
who was in that position transferred elsewhere.
2.) A part time (0.5) Social Worker position has been approved at Buffalo General
Medical Center.
3.) We propose to post a full time Social Worker position that will work between the
two sites.
4.) Employees from BGMC or DeGraff professional bargaining units will be
considered preferred applicants for the position. The successful candidate will
determine the bargaining unit.
5.) This MOU will not negatively impact the employment of members of either
bargaining unit.
6.) The parties agree that this is a trial and will be re-evaluated six months after
implementation.
395
7.) The parties agree that this understanding will not be used as a precedent for any
further similar situations.
Memorandum of Understanding # 35
Clinical Pharmacy Coordinator Qualifications
This Memorandum of Understanding is being entered into by and between Kaleida Health,
hereinafter referred to as the employer, and the Communications Workers of American, AFL-
CIO, hereinafter referred to as CWA; and 1199 SEIU United Healthcare Workers East,
hereinafter referred to as SEIU or as the Unions.
Whereas, the Employer and the Unions entered into an agreement relative to changes presented
at Oversight on December 8, 2015, to the preferred license and certifications for Clinical
Pharmacy Coordinators. Employees in the job title of Clinical Pharmacy Coordinators prior to
December 8, 2015 will not be affected by the change in qualifications. Those employees include:
First Name
Last Name
Department Description
Kimberly
Zammit
BGMC Pharmacy
Stephanie
Seyse
BGMC Pharmacy
Kevin
Mills
DMH Pharmacy
Kristin
Johnson
CHOB Pharmacy
Kelly
Michienzi
CHOB Pharmacy
Ann Marie
Turner
CHOB Pharmacy
Lisa
Voigt
BGMC Pharmacy
Melissa
Danek
BGMC Pharmacy
Brian
Kersten
BGMC Pharmacy
Megan
Nadler
BGMC Pharmacy
Memorandum of Understanding # 36
Flint Road: Endo-Diabetes Titles
The following is the agreement reached between Kaleida Health (hereinafter referred to as the
“Employer”) and the Communication Workers of America (hereinafter referred to as the
“Union”).
The following titles:
Clinical Dietician Flint Road: Endo-Diabetes
Physician’s Assistant Flint Road: Endo-Diabetes
will remain part of the Millard Fillmore Hospital Professional Bargaining Unit, as they were
prior to their Endo-Diabetes job moving to Flint Road Rehab. Employees in the above titles in
396
the End-Diabetes unit who are required to rotate to other clinics that are staffed by Union
employees must be represented by the Union.
The Union also agreed that they would not claim rights to other Professional titles at Flint Road
Rehab based on this Agreement. However, the Union does retain the right to organize the rest of
the Professionals by normal means outlined by the NLRB.
Memorandum of Understanding # 37
DeGraff/Millard Clinical Nurse Educators
This Memorandum of Understanding is entered into by and between Kaleida Health
(“Employer”) and Communications Workers of America, AFL-CIO (“Union”).
WHEREAS, the employer has created two (2) Full Time (1.0) 10 hour shift Clinical Nurse
Education MS positions to cover Millard Fillmore Suburban and DeGraff Memorial Hospitals.
NOW, THEREFORE, the Employer and Union do hereby agree:
1. The above referenced positions will be placed in the MFS Nursing Office Admin
Cost Center and will be based on the Millard RN bargaining unit at the site.
2. Each position will have a work schedule that includes periodic assignments and
duties at both Millard Fillmore Suburban and DeGraff Memorial Hospitals. The
positions will be posted at both sites and the most senior qualified bidders, from a
blended seniority list, will be considered.
3. Nothing in this Agreement, expressed or implied, is intended to or shall be
construed to modify any existing practices or procedures of current employees in
the Clinical Nurse Educator or Nurse Educator job titles.
