Per Diem Employment Agreement: Nursing Care and Work Schedules, Essays (university) of Nursing

Download Per Diem Employment Agreement: Nursing Care and Work Schedules and more Essays (university) Nursing in PDF only on Docsity! Agreement between The Regents of the University of Michigan and The Michigan Nurses Association and The University of Michigan Professional Nurse Council Executed November 29, 2011 Expires June 30, 2014 Please be conservative in printing only those pages that are absolutely needed to avoid wasting paper and tying up unit printers. Printed copies will be available to all staff soon. Thank you. ARTICLE TABLE OF CONTENTS PAGE # ¶ i 1 RECOGNITION AND DEFINITIONS ............................................................................ 1 .................. 2  2 MANAGEMENT RIGHTS ................................................................................................ 3 ................ 15  3 PROFESSIONAL NURSING............................................................................................. 3 ................ 17  4 PERFORMANCE PLANNING AND EVALUATION ................................................... 8 ................ 28  5 NO-INTERFERENCE AND NO-LOCK OUT GUARANTEE ..................................... 9 ................ 35  6 NON-DISCRIMINATION .................................................................................................. 10 .............. 44  7 ASSOCIATION DUES AND REPRESENTATION SERVICE FEES ......................... 10 .............. 47  8 CHECK OFF OF ASSOCIATION DUES OR REPRESENTATION - SERVICE FEE ............... 12 .............. 57  9 ASSOCIATION ORIENTATION ..................................................................................... 13 .............. 65  10 BULLETIN BOARDS ....................................................................................................... 14 .............. 72  11 CLASSIFICATION AND WAGES ................................................................................. 14 .............. 79  12 COMPONENTS OF EARNINGS & PAYCHECK CORRECTIONS ........................ 16 .............. 84  13 STAFFING AND SCHEDULING ................................................................................... 17 .............. 88  14 WORKLOAD REVIEW ................................................................................................... 26 ............ 133  15 OVERTIME ....................................................................................................................... 31 ............ 140  15 - A ASSIGNED TIME OFF .............................................................................................. 37 ......... 164A  16 SHIFT PREMIUM ............................................................................................................ 39 ............ 165  17 ON-CALL SYSTEMS AND PAY .................................................................................... 40 ......... 170A  18 CALL BACK PAY ............................................................................................................ 43 ............ 176  20 VARIABLE ACTIVITY ................................................................................................... 44 ............ 178  20-A PER DIEM EMPLOYEE ............................................................................................. 49 ......... 185R  21 SENIORITY DEFINITIONS AND LOSS OF SENIORITY ........................................ 51 ............ 186  22 REINSTATEMENT, CREDIT FOR PRIOR SERVICE & BRIDGING .................. 52 ............ 199  23 INFORMATION LISTS ................................................................................................... 55 ............ 216  24 PERSONNEL FILES ........................................................................................................ 56 ............ 230  25 PROBATIONARY EMPLOYEES .................................................................................. 56 ............ 232  26 REDUCTION OF THE WORKING FORCE & RECALL PROCEDURES ............. 58 ............ 243  27 TRANSFERS: PROMOTIONS, DEMOTIONS AND LATERALS .......................... 64 ............ 269  28 WORK REDESIGN .......................................................................................................... 71 ............ 296  29 PAID TIME OFF ............................................................................................................... 72 ............ 324  30 EXTENDED SICK TIME ................................................................................................ 83 ............ 336  31 EMPLOYEE ASSISTANCE ............................................................................................ 86 ............ 344  32 HOLIDAYS ........................................................................................................................ 88 ............ 347  35 FUNERAL LEAVE PAY (BEREAVEMENT) .............................................................. 96 ............ 403  36 JURY AND WITNESS SERVICE ................................................................................... 96 ............ 405  ARTICLE TABLE OF CONTENTS PAGE # ¶ iv INTENT NOTE ARTICLE 3: PROFESSIONAL NURSING .......................................... 218 ......... 20A  INTENT NOTE ARTICLE 9: ASSOCIATION ORIENTATION .................................. 219 ............ 70  INTENT NOTE ARTICLE 13: STAFFING AND SCHEDULING ................................ 219 ............ 88  INTENT NOTE ARTICLE 14: WORKLOAD REVIEW ................................................ 221 .......... 134  INTENT NOTE ARTICLE 15: OVERTIME .................................................................... 222 .......... 147  INTENT NOTE ARTICLE 15-a: ASSIGNED TIME OFF .............................................. 226 ....... 164C  INTENT NOTE ARTICLE 16: SHIFT PREMIUM .......................................................... 226  INTENT NOTE ARTICLE 17: ON-CALL SYSTEMS AND PAY ................................. 226 ....... 170A  INTENT NOTE ARTICLE 18: CALL BACK PAY ........................................................... 227 ....... 180A  INTENT NOTE ARTICLE 20: VARIABLE ACTIVITY ................................................ 227 .... 185R.3  INTENT NOTE ARTICLE 20-A: PER DIEM EMPLOYEE ........................................... 229 .......... 187  INTENT NOTE ARTICLE 21: SENIORITY DEFINITIONS & LOSS OF .................. 229 .......... 187  INTENT NOTE ARTICLE 25: PROBATIONARY EMPLOYEES ............................... 229 .......... 232  INTENT NOTE ARTICLE 26: REDUCTION OF WORK FORCE & RECALL ....... 230 .......... 247  INTENT NOTE ARTICLE 27: TRNSFRS: PROMOTIONS, DEMOTIONS, & LATERALS 231 .......... 269  INTENT NOTE ARTICLE 28: WORK REDESIGN ....................................................... 234 .......... 297  INTENT NOTE ARTICLE 29: PAID TIME OFF ............................................................ 234 .......... 325  INTENT NOTE ARTICLE 30: EXTENDED SICK TIME .............................................. 235 .......... 336  INTENT NOTE ARTICLE 32: HOLIDAYS ..................................................................... 236 .......... 348  INTENT NOTE ARTICLE 38: LEAVES OF ABSENCE ............................................... 238 ....... 410D  INTENT NOTE ARTICLE 39: BENEFIT PLANS ........................................................... 240 .......... 441  INTENT NOTE ARTICLE 40: COMMITTEES ................................................................ 241 .......... 464  INTENT NOTE ARTICLE 42: TUITION SUPPORT PROGRAM ............................... 241 .......... 477  INTENT NOTE ARTICLE 44: OCCUPATIONAL HEALTH & SAFETY .................. 241 .......... 486  INTENT NOTE ARTICLE 45: DISCIPLINE ................................................................... 241 .......... 499  INTENT NOTE ARTICLE 46: DISPUTE RESOLUTION & MEDIATION ................ 241 .......... 551  INTENT NOTE ARTICLE 48: CONFERENCES ............................................................ 242 .......... 583  INTENT NOTE ARTICLE 49: PROFESSIONAL ACTIVITIES & EDUCATION ... 242 .......... 590  INTENT NOTE ARTICLE 50: RELEASE TIME FOR ASSOCIATION BUSINESS . 242 .......... 593  INTENT NOTE ARTICLE 52: SUBCONTRACTING, TEMP. & AGENCY NURSES .......... 242 .......... 603  INTENT NOTE ARTICLE 53: CHARGE NURSE GUIDELINES ................................ 242 ....... 605A  INTENT NOTE APPENDIX A-2: WAGES FOR PER DIEM EMPLOYEES ............... 243 ....... 625B  INTENT NOTE MOU: RETIREMENT INCENTIVE ...................................................... 243 .......... 638  INTENT NOTE MOU: MILEAGE REIMBURSEMENT ................................................ 243 .......... 642  INTENT NOTE MOU: STARTING RATE FOR NEW EES & TRANSFERS ............. 243 .......... 654  INTENT NOTE MOU: DUAL UNIT POSITIONS ............................................................ 243 .......... 700  ARTICLE TABLE OF CONTENTS PAGE # ¶ v INTENT NOTE MOU: NNP EDUCATIONAL PROGRAM .......................................... 244 .......... 724  GENERAL INTENT NOTES ............................................................................................... 244  COLLABORATIVE IMPLEMENTATION ....................................................................... 244  1 1. The Regents of the University of Michigan hereinafter called the “university” or “employer”, and the Michigan Nurses Association and it’s University of Michigan Professional Nurse Council, hereinafter called “Association”, enter into the following agreement this 29th day of November, 2011 and agree as follows: ARTICLE 1 RECOGNITION AND DEFINITIONS SECTION A. DESCRIPTION OF BARGAINING UNIT 2. Pursuant to and in conformity with the certification issued by the Michigan Employment Relations Commission on February 10, 1975 in Case NO. R74 C- 89, the University recognizes the Association as the sole and exclusive representative for the purposes of collective bargaining in respect to wages, hours and other conditions of employment for all employees in the following described bargaining unit: 3. All full-time and regular part-time and per diem registered professional nurses employed by the University of Michigan at all facilities, as listed in appendix B, but excluding nursing supervisors, managers, Clinical Nurse Manager/Nurse Supervisors , Nurse Managers all other supervisors, instructional staff, and all other employees. 3A. Also included are graduates of a registered nursing program pending licensure by the State of Michigan as a registered nurse. 4. See Appendix B for current classification titles. SECTION B. DEFINITIONS 5. The terms "employee“ and "employees" as used in this Agreement (except where the Agreement clearly indicates otherwise) shall mean only an employee or employees within the bargaining unit described in SECTION A. 6. Deleted 7. The term "full-time employee" shall mean a regular employee whose normal schedule of work is forty (40) hours per calendar week or eighty (80) hours per two calendar weeks or one hundred twenty (120) hours per three calendar weeks. 8. The term "part-time employee" shall mean a regular employee whose normal schedule of work is less than forty (40) hours per calendar week or less than eighty (80) hours per two calendar weeks or less than one hundred twenty (120) hours per three calendar weeks. 4 registered nurse to ensure continuity of care across the healthcare continuum and self-care efficacy. Professional accountability, the utilization of evidence based practice, respectful and effective communication, and the commitment to safety are important attributes of nursing practices. We acknowledge that continuous learning is essential and continuous evaluation and improvements are necessary to maximize patient care outcomes. To this extent, registered nurses closest to the work, will be included in unit/departmental areas decision-making processes as it relates to the application of direct nursing care related activities. 18. The University recognizes employees covered by this Agreement are licensed Registered Nurses who are authorized to practice nursing by the State of Michigan and who have the responsibility and obligation to provide high quality nursing care for patients within the resources and environment provided by the employer. If an employee believes that an assignment will compromise patient care and safety, he/she will notify the manager or designee through the usual chain of command for prompt problem solving. Notice of the concern will be promptly given to the charge nurse or supervisor. The RN will continue with that assignment, and may do so under protest. The supervisor will address the situation and provide resolution promptly. 19. Employees and the University share the responsibility for providing nursing care, which is consistent with the needs and goals of the patient using the facilities provided by the University. 19A. The design and building of new facilities or the expansion or revision of existing facilities will involve the consideration of work flow, new technology and structure utilization for registered nurses. Committees formed to address these matters will include employees from the affected area and will include at least one representative selected by the UMPNC. SECTION A. CLINICAL AUTHORITY 20. Professional Registered Nurses govern nursing practice and are a provider and coordinator of direct patient care services as part of the multidisciplinary team. The University recognizes that employees are members of the Nursing profession and, as such, are employed to assume the responsibilities for assessment, planning, implementing and evaluating nursing care including patient education and discharge planning. The “Practice of Nursing” as defined by the Public Health Code, means the systematic application of substantial specialized knowledge and skill, derived from the biological, physical, and behavioral sciences, to the care, treatment, counsel, and health teaching of individuals who are experiencing changes in the normal health processes or who require assistance in the maintenance of health and the prevention or 5 management of illness, injury, or disability. (Part 172 sec 333.17201 Public Health Code). However, in this regard, these functions are practiced with the patients for whom employees are given responsibility within the resources and environment provided by the University. 20A. It is the nursing profession that determines the scope of nursing practice and it is the registered nurse who is responsible and accountable for the provision of nursing care. The Association and the Employer recognize the contributions of assistive personnel in providing patient care. Unlicensed assistive personnel shall provide support to registered nurses’ practice. For any given patient assignment, the registered nurse utilizes professional judgment and assessment skills to evaluate the qualifications of the person to whom she/he delegates. The registered nurse evaluates the patient’s needs, the complexity of the task, and the environment in which the task must be performed. For any given patient assignment, the registered nurse supervises and determines the appropriate utilization of assistive personnel, including but not limited to LPNs and Paramedics, involved in the provision of direct patient care. If the work of the assistive personnel is not delegated by the RN, it is not the responsibility of the RN to supervise, monitor, evaluate or provide guidelines for this work. To this end, Registered Nurses will be provided job descriptions of the assistive personnel, including any specialized training, which has been provided for these assistive personnel. Additionally, Registered Nurses may have input in the development of any unit specific training and/or competencies. The RN, through his/her professional judgment, has the right and the responsibility to question patient care orders/directives that are potentially harmful to the patient. The RN will utilize the established medical chain of command to question patient care orders/directives that are potentially harmful to the patient 4. 21. We recognize the principle that clinical nursing skills are most effectively evaluated by a registered nurse. Therefore, wherever practicable, as determined by the University, an employee’s clinical nursing skills will be evaluated by a Registered Nurse. In those areas where there is also a nurse manager, the nurse manager will be involved in the evaluation to some degree. The employee will have the option of having an individual meeting with the nurse manager, and/or the option of requesting that the nurse manager be present during the evaluation meeting. An employee, who receives a written clinical evaluation by a non- nurse, may file a written request for a review of the evaluation, provided the written request is filed within 15 calendar days of receipt of the written evaluation. In the event that the employee files for such a review, the review will be conducted by a registered nurse5. 22. Employees are responsible for coordinating the work and teaching, and contributing to the evaluation of clinical nursing skills of designated nursing personnel. In addition, coordination of services is an integral part of nursing care and employees have the responsibility to facilitate and collaborate in 4 See Intent Note for Paragraph 20A 5 See Intent Notes for Paragraph 22 6 providing this care. There will be adequate Registered Nurse staff to provide training to assistive personnel to support completion of the competency assessment. Registered Nurse input will be included in the annual competency assessment and performance evaluation of assistive personnel. 22A. To this end, utilizing the principles of interest based problem solving, concerns regarding the scope of nursing practice and the utilization of assistive personnel may be addressed as a first step at the unit level. The issue will be addressed at the next appropriate workload review committee meeting and all interested unit staff will be invited to participate in the discussion. Problem solving in ambulatory care units will also include representation of nursing, administration and medical leadership. If consensus is not reached by the workload review committee members, the Director of Nursing and the Association leadership will be invited to attend a special workload review meeting. In this event, the Association leadership will participate in discussions with the Director of Nursing prior to a decision being made and communicated. SECTION B. MAINTAINING AND UPGRADING NURSING PRACTICE 23. It is the responsibility and obligation of each employee to maintain and upgrade his/her knowledge and skill affecting the quality of patient care. In this regard, it is the responsibility and obligation of the University, within available resources, to assist employees by establishing programs and/or providing resources for orientation and staff development. Employees are also encouraged to contribute to upgrading nursing practice by proposing nursing research opportunities and developing, conducting and participating in those opportunities, which are made available. Nothing herein should be construed to prevent assignment of these duties. It is understood that programs or education required by the institution will occur on paid time. 24. The University supports nursing research. This support may take the form of time, money, support services and nurse consultation, all within available resources. The University also provides educational opportunities for development of research skills, including program management and budgeting, within available resources. SECTION C. POLICIES, PROCEDURES, PRACTICE AND NEW INITIATIVES 25. Policies, procedures and new initiatives affecting nursing care will be developed with input from employee end-users, or by employees affected by such policies and procedures. The parties agree that high quality patient care can best be accomplished through a joint effort between employees and management. The parties further agree that active and early participation by employees in regard to program planning, facility design, new technology and program development, and the impact of budget changes on patient care will 9 ARTICLE 5 NO-INTERFERENCE AND NO-LOCK OUT GUARANTEE SECTION A. NO-INTERFERENCE 35. The Association and its officials, its employees, its members, its affiliates, or members of the bargaining unit will not cause, support, encourage or condone, nor shall any employee or employees concertedly take part in, any action against or any interference with the operations of the University during the term of this Agreement. 36. In the event of any such action or interference and on notice from the University, the Association, without any delay, shall take whatever affirmative steps are necessary in an attempt or attempts to prevent and bring about the termination of such action or interference. Such affirmative steps shall include the immediate disavowal and refusal to recognize any such action of interference and the Association immediately shall instruct any and all individuals to cease their action and inform employees that their action is a violation of the Agreement subjecting them to disciplinary action, including suspension of all benefits under this Agreement and discharge. 37. In addition, the Association shall, within twenty-four (24) hours of notice to the Association by the University of any such action or interference, deliver the following notice to the University: 38. "To all employees of the University represented by The Michigan Nurses Association: 39. You are advised that the action against and interference with the operations of the University of Michigan which took place (date) is unauthorized by the Association and in violation of the collective bargaining agreement and subjects you to disciplinary action, including suspension of all benefits under the collective bargaining agreement and discharge. You are required to cease this action and interference immediately." 40. An authorized official of the Association shall sign the notice. 41. In the event that any employee or employees shall refuse to cease such action or interference, the University agrees that it will not file or prosecute any action for damages arising out of such action or interference against the Association, its officials or representatives, if the Association, its officials and representatives perform their obligations as set forth in this Article. 42. Nothing herein shall preclude the University from seeking legal or other redress of any individual or from taking disciplinary action, including suspension of all benefits under this Agreement and discharge against any employees taking part in the action of interference. Any such disciplinary action taken shall not be reviewable through the Dispute Resolution and Arbitration Procedures, except 10 for the fact question of whether the employee took part in any such action or interference. SECTION B. NO LOCKOUT GUARANTEE 43. The University shall not conduct a lockout of employees during the term of this Agreement. ARTICLE 6 NON-DISCRIMINATION SECTION A. 44. The University and the Association agree that there shall be no discrimination in the application of the provisions of this Agreement based on the non-relevant factors of race, color, national origin, age, marital status, sex, sexual orientation, gender identity, gender expression, disability, religion, height, weight or veteran status, except where sex or age is a bona fide occupational qualification. In addition, there shall be no discrimination in the application of the provisions of this Agreement based on non-relevant mental or physical handicaps. Further, employees shall not be subject to sexual harassment. SECTION B. 45. Neither the University nor the Association, shall discriminate against, intimidate, restrain, coerce or interfere with, any employee because of, or with respect to, lawful labor organization activities or membership or the right to refrain from such activities or membership. In addition, there shall be no discrimination against any employee in the application of the terms of this Agreement because of membership or non-membership in the Association. 46. Nothing in this Article shall be construed to prevent an employee alleging discrimination from exercising constitutional or statutory rights, which may be available. ARTICLE 7 ASSOCIATION DUES AND REPRESENTATION SERVICE FEES SECTION A. 47. During the life of this Agreement and to the extent the laws of the State of Michigan permit: 48. Every employee, beginning with the month following thirty-(30) calendar days employment in the bargaining unit, and every month thereafter, shall tender to the Association, as a condition of continued employment, either uniformly 11 required Association dues, or in the alternative, a uniformly required representation service fee. SECTION B. 49. No employee shall be terminated under Section A of this Article unless: 50. The Association first has notified the employee by letter, explaining that he/she is delinquent in not tendering either the uniformly required Association dues or a uniformly required representation service fee, and specifying the current amount of such delinquency and warning him/her that unless dues or service fee are tendered within thirty (30) calendar days he/she will be reported to the University for termination as provided in this Article, and 51. The Association has furnished the University with written proof that the procedure of Section B. 1. of this Article has been followed or has supplied the University with a copy of the letter sent to the employee and notice that he/she has not complied with the request. The Association must specify further, when requesting the University to terminate the employee, the following by written notice: 52. "The Association certifies that ________ has failed to tender either uniformly required Association dues or service fee required as a condition of continued employment under the collective bargaining Agreement and that under the terms of the Agreement, the University shall terminate the employee". SECTION C. 53. If the amount of the representation-service fee is formally challenged by an employee, the Association shall have the sole burden of establishing the legal validity of the fee. The University shall not be obligated to terminate such employee's employment until the formal challenge has been resolved. 54. However, any employee who has an objection on file prior to April 15, 1981, shall be exempt from paying dues/service fees for the duration of their employment at the University. 55. At the request of the Association, and as an alternative to termination, an employee hired after January 29, 1990, whom the Association duly certifies as delinquent in the payment of dues or the required representation fees according to the procedure set forth in Paragraphs 50-52, will have the required membership dues or service fees deducted from his/her wages by the University. The University will remit such dues or fees to the Association in accordance with the procedure outlined in Article 8 of this Agreement. SECTION D. 14 71. The University will provide the Association with: (1) a list of orientees and their assigned units; (2) notification of transfers into the bargaining unit and their assigned units; and (3) the assigned time will be a part of the published schedule for orientation of employees. ARTICLE 10 BULLETIN BOARDS 72. The University will provide the Association with space of not less than thirty (30) locked bulletin boards, in mutually agreeable locations. The Association will be furnished with a list of locations and one key for each locked board. Prior to the placement of a new bulletin board or a change in location of an existing bulletin board, the University will discuss the matter with the Association in an effort to find a mutually agreeable location. These bulletin boards will be for the exclusive use of the Association. The size of these boards shall be sufficient to post four (4) 8-1/2 inches by 11 inches, Association notices. Such notices must be signed by the Association Chairperson or designate. 73. The notices may be posted by the Association Representative in the Association Representative's district and, although not limited to the following notices, they shall be of that type: 74. Association meetings; 75. Association elections and appointments; 76. Results of Association elections; 77. Educational, recreational and social programs of the Association. 78. In the event that a dispute arises concerning the appropriateness of material posted, the Chairperson of the Association or designate will be advised as soon as practicable by the University of Michigan Health System Human Resources Department of the nature of the dispute. In the event the Chairperson or designate is not readily available, the notice may be removed from the bulletin board until the dispute is resolved. In the event the Chairperson or designate is readily available, the Chairperson or the designate may then make mutually acceptable arrangements to resolve the dispute. Failing mutually acceptable arrangements, the University may remove the notice from the bulletin boards. Whenever notices are removed from the bulletin boards, the removed notices will be made available to the Chairperson of the Association or designate within two (2) hours of removal. ARTICLE 11 CLASSIFICATION AND WAGES SECTION A. WAGE SCHEDULE 15 79. Wages shall be paid in accordance with the wage schedules as set forth in Appendix A, A-1, A-2 and the Nurse Practitioner MOU. SECTION B. CLASSIFICATION DESCRIPTIONS 80. During the life of this Agreement classification descriptions may be evaluated, revised, established or deleted. 81. Each employee will be provided with a copy of their classification description. It is not intended that a description set forth each and every duty and responsibility of an employee assigned to a classification. All classification descriptions will be accessible at all times on all units to employees covered by this Agreement. Upon request of an employee, one (1) copy of each classification description will be provided. 82. Subject to staffing and budgetary considerations as determined by the University, the University will provide the opportunity for an employee's movement into other classifications. The employee's movement into other classifications will also be dependent on the employee's qualifications and effort in accordance with the procedures and requirements as established by the University. 82A. Effective July 1, 2006, the Professional Development Framework was implemented. Employees in the classifications of Clinical Nurse I, Clinical Nurse II and Clinical Nurse III who provided direct patient care as their primary role had the opportunity to advance within the Professional Development Framework based on evidence of meeting negotiated behaviors. Toward that end, the limitation of advancement within the Professional Development Framework based on budgetary consideration as noted in Paragraph 82 was eliminated as of July 1, 2006 for these classifications10. 83. A joint conference, under the provisions of Art. 48 (Conferences) shall be held if the any of the following are under consideration: 1. Significant changes to a classification description; 2. Significant changes to placement standards; 3. A classification is deleted; or, 4. A new classification is created. SECTION C. SALARY STATUS 83A. Employees other than those assigned to a classification in Professional Development Framework Level A-E shall be considered exempt employees. In this regard, employees assigned to a classification in the Role Specific Advancement Model shall receive overtime payments as provided in Article 15 10 See Professional Development Framework, Addendum D 16 in the same manner as employees in the Professional Development Framework Level A-E. ARTICLE 12 COMPONENTS OF EARNINGS & PAYCHECK CORRECTIONS A. COMPONENTS 84. The employer will provide the employee with the following components of the employee's earnings: 1) Straight Time Hours Worked 2) Straight Time Pay 3) Overtime Hours Worked 4) Overtime Pay 5) Shift Premium Hours Worked 6) Shift Premium Pay 7) On-Call Hours 8) On-Call Pay 9) Holiday Hours 10) Holiday Pay 11) PTO hours used 12) Identified Pay Adjustments B. CORRECTIONS 85. The employee will notify the supervisor or designee of payroll errors. 86. Corrections of pay shortages will be made by, an online check, an off-cycle check or on the next regular pay date. The method used will be selected by the employee. C. PAID TIME OFF RECORDS 87. Paid time off (PTO) accrual records, including accrual rate, use, balance and maximum accrual limit will be available by the first day of each calendar month11. 87A. A consistent time keeping system for Ambulatory Care will be maintained and any changes to the system will be reviewed by both parties. 11 See Paragraph 333 and online information (available 24/7) 19 STAFFING AND SCHEDULING GUIDELINES 95. In this connection, the University will provide the Association with a copy of Staffing and Scheduling guidelines developed for each Director of Nursing area at University of Michigan Hospitals. Those areas where guidelines do not presently exist will endeavor to develop and implement them six (6) months from the date of the execution of this Agreement, but not later than one (1) year from this date. Some or all employees in the area will be provided opportunity to comment on the Guidelines before implementation. Changes in the Guidelines will also be provided to the Association. 95A. A unit’s schedule is developed based on that unit’s Staffing Model. The Staffing Model and any changes to the Model will be made by the manager and are driven by patient care needs and based on a number of variables including, but not limited to: HPPD or other relevant metrics, acuity, professional association standards, average census, staff mix, average admission, discharges and data trends. Any changes to the Staffing Model will be presented to the staff and WRC for feedback prior to implementation. Once the schedule is developed, there will be a process created by the unit that will be utilized to adjust daily staffing to meet the immediate needs of the unit to provide patient care and other work to be done. Some of the variables to be considered by the charge nurse will include but not limited to: • acuity • staff/skill mix • census • admissions • discharges • transfers • meetings and other non-direct care work • specialty patients • procedures • and coordination activities. REST PERIOD 96. There will be a rest period, which may be taken at a time and place and in a manner, which does not interfere with patient care. The rest period will be with pay and will not exceed fifteen (15) minutes for each four (4) hours of work. The rest period is intended to be a recess to be preceded and followed by a work period. Consequently, it may not be used to cover a staff member's late arrival to work or early departure, nor may it be regarded as cumulative if not taken. Rest periods and lunch breaks are necessary to promote health and well-being of nurses, patients and their families. 96A. All employees will be provided an opportunity for an uninterrupted lunch break of at least 30 minutes, without pay, to be taken in a place that does not interfere with patient care. Lunch breaks will be scheduled based on the unit WRC guidelines. Employees fulfilling work obligations in lieu of lunch shall be paid overtime accordingly. 20 SCHEDULING LIMITATIONS 97. The parties agree that limitations on schedule rotation, working beyond appointment hours and required weekends are desirable objectives. In this connection, the University shall: ROTATING SHIFT ASSIGNMENT AND SHIFT PREMIUM 98. Schedule employees on a rotating shift assignment to work no more than two (2) shifts of eight (8) or more hours with only one change in one scheduled calendar week. As such, if an employee is scheduled to work in excess of this principle, that employee will receive a premium of seventy-five cents ($.75) per hour for all hours worked in that calendar week. This premium applies only to those employees scheduled to work more than two shifts with one change in one calendar week and does not apply to employees who express a preference for such schedules. Starting times, which do not vary from earliest to latest by more than three (3) hours, shall not be considered a different shift. 99. It is understood that nothing herein shall preclude assigning an employee to any shift because of employee absences and variations in the workload of the unit. However, employees will not normally be assigned to work more than two (2) different shifts, except at the employee's request19. WEEKEND ASSIGNMENT AND BONUS 100. The University shall endeavor to schedule employees to work no more than two (2) out of four (4) weekends for employees who are scheduled in four (4) week blocks with the following exceptions: 1) Employees who have a Monday through Friday schedule will not work weekends20. 2) Employees who transfer or who are hired into positions, which were posted to include assignment to every weekend, will be scheduled to work more than two out of four weekends; 3) Individual employees who express a preference for weekend work schedules may be scheduled to work additional weekends21. 4) An employee who receives Paid Time Off for one or more weekend shifts will not be required to work on a weekend previously scheduled off to make up for the time lost due to unscheduled absences. Further, an employee will not be required to work on a weekend at the beginning, end or in the middle of a continuous period of Paid Time Off (PTO) contiguous with the weekends. 5) If an employee is scheduled to work in excess of the principle regarding weekend work, that employee will receive a premium of four dollars and fifty cents($4.50) per hour beginning with the first hour of the fifth weekend shift worked in a four (4) week schedule. 6) In this regard, employees who request to work split weekend shifts will not be eligible for the weekend premium, except in the situation where the 19 See Intent Note for Paragraph 99 20 See Paragraph 90A 21 See Intent Notes for Paragraph 100 21 employee has not requested to work split weekends but has been scheduled in this manner. Such employee will then be eligible for the premium starting with the first hour of the third weekend. 7) After granting two (2) out of four (4) weekends off, if additional weekends off are available, they shall be distributed as equitably as practicable. 8) If the weekend hours worked to qualify for the above bonus is paid at the overtime rate, the weekend bonus will be paid at the overtime rate. 100A. Employees with a thirty six (36) hour weekly appointment fraction, working twelve hour shifts, where two (2) of these shifts occur on the weekend, will accrue Paid Time Off hours equivalent to a full time (40 hour) appointment for each quarter worked in this manner. 100B. Weekend shifts that are assigned off for an employee who is regularly scheduled to work every weekend will be considered worked for the purpose of qualifying for the weekend bonus. If the employee who works every weekend volunteers or requests to take a weekend shift off, that shift is not credited as a weekend shift worked for purposes of the weekend bonus22. 101. For purposes of this Article, the definition of a weekend shall be the forty-eight (48) hour period between the first shift of Saturday (nights) and the third shift of Sunday (evenings). A weekend shift worked to qualify for the bonus is defined as working at least one shift of at least eight hours during this time frame. GENERAL SCHEDULING PROVISION 102. The University shall endeavor to schedule employees to work hours consistent with their appointment hours as provided in Article 15, Overtime. 103. Ambulatory Care nurses working at multiple sites will be notified of the specific work location when the schedule is posted. 104. Employees will be notified of their work schedule, including shift length, as part of the scheduling process at least two (2) weeks in advance. Once a schedule is posted, the manager will not cancel a portion of a shift in exchange for hours elsewhere in the schedule, unless the employee voluntarily agrees to the change. 105. Units, which intend to schedule employees in such a manner as to avail themselves of the Provision of Section B. of Article 15, (Overtime) will do so only with the concurrence of enough employees so as to make such scheduling feasible. 106. Whenever scheduling is done in four-week blocks, these four-week periods will coincide with the Memorandum of Understanding on Weekends23. 22 see Intent Notes for Paragraph 100B 23 See Paragraph 656 24 Paragraph 124. Such employees will be eligible for any straight shift bonuses as described in Section B. 1, 2 and 3 of this Article. Changes in Shift Preference 126. Changes in shift preference will be made according to the following procedures: 127. When shifts become available, the manager will notify all unit employees. Any employee desiring to change their shift schedule to the available shift(s) must give the supervisor written notice of their preference as soon as possible. Such requests are due no later than one week prior to the unit's deadline for making schedule requests. 128. Employees wishing to change from a rotating shift schedule to a straight shift schedule will be assigned unless all straight shift schedules are filled. Where more requests are made than can be accommodated, assignment shall be on the basis of seniority, most to least. 129. Any employee wishing to change from a straight shift schedule, will be assigned to their shift preference as regular job openings occur, in accordance with seniority, most to least, or be assigned to a rotating shift schedule, if available. 130. In all cases where more than one (1) employee has requested a shift change to an available regular job opening on the unit, assignment shall be on the basis of seniority, most to least. 131. Shift selection for an employee transferring into the bargaining unit and/or a unit shall be based on length of service from the date of such transfer for six (6) months; thereafter, such an employee's seniority becomes effective26. Shift Reassignment 131A. When work hours need to be reallocated, employees and managers will meet to jointly identify and construct new individual schedules, and then these schedules will be selected using the following process27. 1) Unit employees will be informed of the need for reassignment and the shift(s) and/or rotation(s) from which the reassignment could be made. (Reassignment means changing of an employee's straight shift, shift rotation and/or shift length to a different straight shift, shift rotation and/or shift length). Volunteers will be sought for this reassignment and will be reassigned in seniority order provided that the reassignment: a) Does not require the use of overtime; b) Does not require other employees to change their shift assignments; and c) Does not increase other employees' off shift rotations above the unit maximum. 26 See Intent Note for Paragraph 131 27 See Intent Note for Paragraph 131A 25 2) If there are no volunteers for the reassignment, the Unit Workload Review Committee will meet to consider the following options: a) Increase off shift rotations up to the unit maximum; b) Reassign the least senior employee who is able to do the work; c) If option (b) would require multiple other reassignments or off shift rotations above the unit maximum, then reassign the employee with the least seniority who can be reassigned without requiring multiple or other reassignments; d) Have all employees take turns covering the shift. (This would be voluntary and would be used only if the coverage required would be infrequent). 3) If the Unit Workload Review Committee chooses an option, other than those described in Step 2 above, this option will be presented to the Chairperson of the Association, the Director of Nursing, and the Director of University of Michigan Health System Human Resources Department, or their designees, for approval. 131B. An employee who is reassigned will have his/her original shift assignment restored in seniority order when the need for reassignment ends, provided that s/he indicated the desire to return to his/her prior shift or rotation. 131C. In order to restore reassigned employees to their original shift assignments, any positions posted for the unit will be for the shift to which employees were reassigned. SECTION C. NON-DIRECT PATIENT CARE ACTIVITIES 132A. It is understood that nurses will be involved in both direct and non-direct patient care activities. To this end, time for non-direct patient care activities will be allocated as unit workload allows or as the Role Specific Advancement Model requires28. 132A.1 When implementing new initiatives involving non-direct patient care activities, planning will include compensated time necessary to carry out the initiatives29. 132A.2 Recognized unit and department committees will meet on a regular basis. It is not an expectation that employees participate on committees without pay. To that end, a variety of measures will be utilized on each unit to insure participation with pay30. 132B. Employees will make arrangements for non-direct patient care activities with their manager. The allocation of time will be mutually agreed to and based upon each individual's performance plan. 28 See Paragraph 17; see Intent Note for Paragraph 132A 29 See Paragraph 17 30 See Paragraph 17 26 132C. The agreed upon division of time will be reviewed annually at the time the performance plan is created and at the request of either party with the understanding that short-term fluctuations may be negotiated. 132D. It is understood that the needs of the unit may necessitate re-scheduling an employee to perform direct patient care on a day that was originally set aside for the performance of non-direct patient care activities. In this event, alternative time will be scheduled. In addition, if there are specific days, for which the employee cannot be available for staffing; these days shall be negotiated with the manager. ARTICLE 14 WORKLOAD REVIEW 133. When a problem of excessive workload arises, it must be addressed to ensure the long-term viability of the unit, including quality of patient care and employee satisfaction31. Unit Workload Review Committee 134. In this connection, and at the discretion of the Association, unit workload review committees will be established on each unit as follows: a) The nursing supervisor will serve on the committee and equal numbers of unit employees shall be selected by the University and the Association such that there will be at least four (4), but no more than six (6) employees on the committee. b) In Ambulatory Care units, there will be two (2) to six (6) employees and the nurse manager. The office manager may participate but will not be a voting member and will not replace the nursing supervisor. c) One half (1/2) of the membership (those selected by the Association and the University) will rotate off the committee annually. Members will serve for two years and, if reappointed, will serve an additional two-year term. New members shall be identified by December 31, each year with appointments beginning on February 1. Association members may be replaced by the Association when determined appropriate. d) Each committee will designate monthly meeting times, or more often at their discretion, to address workload concerns and formulate plans of action. The unit will plan core staffing to assure release time for committee members. Patient care needs may require a change in the release time. Attendance at committee meetings while on over appointment or overtime is at employee discretion with supervisor approval. e) Each committee shall elect a chairperson other than the nurse manager32. 31 See Intent Note for Paragraph 18 and Refer to NP-MOU 29 2) In the event that a Workload review committee meeting is canceled, the manager and the Workload review committee chairperson are required to meet and complete the Staffing/Workload Monthly Report. 3) The monthly minutes and the Staffing/Workload Monthly Report will be submitted to the Association and to Nursing Administration. JIT will review quarterly the list of the workload meetings. 136B. The unit workload review committee will have input related to hours per patient day (HPPD) and other relevant metrics during development of the unit budget. RN Hours Per Patient Day (HPPD) will reflect actual direct patient care hours by RN’s. It is understood that HPPD or other relevant metrics are only one tool to be used in making staffing decisions. There will be a review of benchmarks (NDNQI, NACHRI, Specialty Association standards/guidelines, etc.) at the unit workload review committee at least quarterly and then annually with the Joint Implementation Team. 136C. Each Workload Review Committee will develop an acuity tool, if applicable,, based on all benchmarks and relevant metrics associated with the patient population on that unit, within sixty (60) days of ratification (Nov. 6, 2011), make recommendations related to staffing patterns for each shift to ensure adequate resources to meet patient care needs. The acuity tool will be reviewed by the unit staff for feedback and input. A copy of the tool will be provided to UMPNC and the Director of Nursing upon completion. The WRC will review the acuity tool at least annually, or sooner if new initiatives or departmental changes are introduced that impact nursing care. The acuity tool will be utilized to assist in establishing staffing guidelines in accordance with professional standards of care and safety that promote positive patient outcomes. 136D. Additional Workload Review Committee responsibilities are described in Paragraphs 22A, 89, 131A.2-3, 158, 163A.1-4, 170D.2-3, 333H.b, 601E. 136E. Every two years, or when a significant change occurs, a joint team on each unit will analyze the required behaviors of Professional Development Framework employees and make recommendations to the manager. The Professional Development Framework will be based on behavior expectations33. Problem Solving Process Related to Workload Concerns 137. a. Actions agreed upon, which are under the control of the supervisor, will be implemented by the supervisor. b. When the committee has recommended actions or resources external to the unit, which cannot be implemented by the supervisor, the supervisor will discuss the recommendations with the Director of Nursing (or designee) and Association or designee. This meeting will occur within three (3) working days following identification of the need. If the Director of Nursing agrees with the proposed solutions, implementation will begin within seven (7) calendar days. 33 See Addendum D 30 c. If the Director of Nursing or the Association designee does not agree with the proposed solutions, she/he will meet with the workload review committee within three (3) working days to discuss the issues to arrive at a mutually agreed solution. When the unit workload review committee is unable to find resolution, the Director of Nursing, and Medical Director, as appropriate, will meet with the Workload Review Committee to develop mutually agreeable solutions. d. If the Director of Nursing and the unit workload review committee are unable to reach agreement, the Chief Nurse Executive (CNE) and UMPNC Chair or designee, Unit WRC and the Director of Nursing will meet within thirty (30) days to review the unresolved workload issues and mutually determine the next steps. The implementation of the action plan will begin within a mutually agreed upon timeframe. e. When the Director of Nursing, the Association designee and the unit workload review committee agree that temporary reduction in the workload through managing the census is appropriate; the Director of Nursing will have the authority to implement this. f. The workload review committee will be responsible for development of a communication tool to be posted on each unit, which will communicate how the issues of workload, census, acuity and non- productive time are being addressed. General Conditions 138. The Association will be informed of the times and locations of unit workload review committee meetings, by the chairperson, not the committee and may have a representative attend when available. Each unit workload committee will be attended by either the area or district representative at least annually34.Workload committee orientation is mandatory for all new members and chairpersons annually. 138A. Meetings of all committees under this Article shall be exclusive of the Dispute Resolution Procedure and no dispute shall be considered at the meetings, nor shall negotiations for altering the terms of this Agreement be held at such meetings. The role of staff nurses on committees shall be to provide professional judgment to matters within their expertise. Discussions will include those topics related to the charge of the committee except for mandatory subjects of bargaining, which shall be reserved for the bargaining process. 139. Any questions regarding this article may be reviewed through the second step of the dispute resolution procedure. Any unresolved questions following the second step of the dispute resolution procedure may be appealed to the Executive Director of University Hospitals who shall conduct a hearing and issue a decision within two (2) calendar weeks of any such appeal. However, no questions arising from this Article may be reviewed through Arbitration. 34 See Intent Note for Paragraph 138 31 ARTICLE 15 OVERTIME SECTION A. DEFINITIONS 140. For the purposes of the Article and the computation of overtime premium, the following definitions shall apply: 141. Day" means the twenty-four (24) consecutive hour period beginning with an employee's starting time on each workday. 142. "Calendar Week" means seven (7) consecutive calendar days beginning at midnight between Saturday and Sunday. SECTION B. OVERTIME PREMIUM 143. An employee assigned to a classification in the Professional Development Framework or Role Specific Advancement Model, will be paid an overtime premium of one half (1/2) the employee's rate of pay per hour and shift premium, if applicable, dependent upon the work schedule to which assigned, for the time paid as follows: Either 144. In excess of eighty (80) hours in a two (2) calendar week work schedule or in excess of eight (8) hours in a day; or 145. In excess of forty (40) hours in a one (1) calendar week work schedule or in excess of an employee's regular daily schedule of work of not less than eight (8) hours in a day; or 146. In excess of one hundred twenty (120) hours in a three (3) calendar week work schedule or in excess of twelve (12) hours in a day. As of July 1, 2008, this paragraph applies only to classifications within the Role Specific Advancement Model. 147. To accommodate an employee’s schedule request, the overtime premium in Paragraph 143 will be waived provided there are seven (7) hours between the end of one shift and the beginning of the next shift. In no case shall an employee delivering direct patient care be permitted to return to work following an overtime shift with less than seven (7) hours off between shifts except as noted in Paragraph 175D35. 35 See Intent Notes for Paragraph 147 and Article 13, Staffing and Scheduling 34 manner that honors the principles of equity and seniority consistent with the applicable Overtime System. Workload Review Committees will determine specific application of the recording systems42. 159. Any regular employee who is unit based and wishes additional hours on units other than their own, will make their scheduling availability known to the CSR or ACNRP. 160. Employees will not be required to alter their scheduled shift or their typical lunch length to avoid the payment of overtime. SECTION E. OVERTIME MANAGEMENT 163. The parties agree that in the operation of a tertiary care medical facility, some overtime is unavoidable. We further agree that it is desirable to minimize these occurrences. To this end, occurrences of overtime shall be monitored and addressed according to the following procedures43. Overtime Trigger 163A. When the sum of all unanticipated over appointment and overtime hours on a unit is: 1) 4%-5.5% of all hours worked on that unit within a four (4) week schedule, for a period of two consecutive months, a mandatory action plan will be developed by the WRC and submitted to UMPNC and the Nursing Director44.. 2) 5.6% or greater of all hours worked on that unit in a four (4) week schedule, for a period of 4 consecutive months, a mandatory monthly meeting will occur with the WRC chair, nursing manager and Nursing Director. An action plan with timeline and next steps will be prepared. 3) 5.6% of all hours worked on that unit in a four (4) week period, for a period of 6 consecutive months or for those units at greater than 5.6% upon ratification (Nov. 6, 2011) of this agreement, an initial mandatory meeting will be held within 90 days of ratification (Nov. 6, 2011) and an action plan will be developed. In addition, mandatory monthly meetings will be held with the WRC chair, nursing manager, and Nursing Director45. 4) For any unit that exceeds the five percent (5%) trigger as described in Paragraph 163A.1, for any six (6) of the preceding twelve (12) scheduling periods, additional regular positions will be added to the Central Staffing Resource/ACNRP cluster targeted for that unit. 42 See Intent Note Paragraph 158; Paragraphs 163C - 163K Overtime Systems, Paragraph 180D, Voluntary Float 43 See Intent Note for Paragraph 163 44 See Intent Notes for Paragraph 163A 45 See Intent Note for Paragraph 163A.3 35 Overtime Systems 163B. The overtime system is designed to encourage volunteerism and to provide an individual limit for overtime/over appointment hours. SECTION F: OVERTIME SYSTEM FOR 24/7 UNITS Definition: 163C. Individual Limit: The point reached through assigned or voluntary time worked on an employee's home unit beyond which an employee cannot be required to work. Individual Limit 163D. 1) All units (including Ambulatory Care) except OR/PACU & Procedure Areas, Emergency Department: No employee will be required to work more than eight (8) overtime/over appointment hours in a four-week scheduling period on their home unit46. 2) OR/PACU & Procedure Areas: No employee will be required to work more than a total of six (6) over appointment/overtime hours in a four- week scheduling period. 3) Emergency Department: No employee will be required to work more than eight (8) over appointment/overtime hours in a four-week scheduling period on their home unit. In addition, the Emergency Department employee will have an on-call limit of four (4) hours in a four-week scheduling period on their home unit. 4) Central Staffing Resource (CSR) and Ambulatory Care Nursing resource Pool (ACNRP) employees will have one individual limit for over appointment/ overtime hours worked regardless of working outside of their cluster. Exceptions to Individual Limit and Overtime incentives 163E. 1) Overtime/over appointment hours resulting from employee-initiated schedule changes, including trades or coverage related to incremental PTO access, (p. 333.P.1) coverage for employees who are absent due to extended sick time or FMLA, and “double-backs” will not be credited toward the individual limit, or the overtime incentives47; 2) Daily overtime that does not increase the appointment fraction does not count toward the limit, but does count as an occurrence. 3) Over appointment hours, that are scheduled prior to a schedule being posted, as a result of a part-time employee's request, will be eligible for the over-appointment incentives, but will not be credited toward the individual limit48. 4) Employees who are scheduled off on a holiday and who request, prior to the schedule being posted, to work their full appointment fraction during 46 See Individual Limit and Premium exceptions, Paragraph 163E, see Additional Management Actions, Paragraph 163F 47 See Paragraphs 147, 185P, 355 48 See Paragraph 91 36 the holiday week will not have those hours credited toward the individual limit or the overtime incentives. 5) For a period of six (6) months following an employee's reduction in appointment fraction, the employee must work the equivalent of his/her former appointment fraction plus the applicable individual limit to be eligible for the overtime incentives. 6) On-call hours accumulated as a result of call systems established under paragraph 170D will be considered part of the individual limit and will be credited toward the limit at the time the commitment is made. Only hours worked will apply toward eligibility for the overtime incentives.49 7) OR/PACU/Procedure Areas: On call and over appointment/overtime hours worked as a result of traditional holiday, weekend and off shift on- call systems are not eligible for the overtime incentives and will not be credited toward the individual limit. 8) Incidental OA/OT that is less than one (1) hour is not applicable to the individual limit or eligible for the overtime incentives.50 Overtime Incentives 163F. 1) With the exception of Ambulatory Care, when an employee’s individual limit is met, all over appointment hours worked will be paid at 1.167 times the individual employee’s hourly rate. All hours of overtime worked will be paid at 1.75 times the individual employee’s hourly rate. 2) Whenever a non-Ambulatory Care unit has been above the 5% overtime trigger for six consecutive periods, any over appointment hours worked will be paid at 1.5 times the individual employee’s hourly rate and all overtime hours worked will be paid at 2.25 times the individual employee’s hourly rate. This rate will continue until the unit has an overtime trigger of less than 5% for one period. 163G. Ambulatory Care Individual Limit: No employee will be required to work more than eight (8) hours of overtime/over appointment time in a four-week scheduling period on his or her home unit51. 163H. 1) Prescheduled hours resulting from a part-time employee's request for additional hours do not contribute toward the individual limit. 2) A schedule change that results in daily overtime but does not increase the appointment fraction does not contribute toward the individual limit. Ambulatory Care: Overtime Incentives 163I. When an employee in Ambulatory Care unit works above their individual limit for a period of three (3) scheduling periods, all hours worked will be paid $2.50/hr, retroactive to the first month of exceeding their individual limit. No scheduling period for which the $2.50 amount was paid will be included in subsequent eligibility. 49 See Intent Note for Paragraph 163E-6 50 See Intent Note 163-Oa/OT Flowchart 51 See Individual Limit exceptions, Paragraph 163H 39 appointment and overtime shifts per 11.18.05 Joint Implementation Team decision. This paragraph does not apply to assigned time off on a Holiday61. 164K. Such payment or options will not be payable if no work is available because of conditions beyond the control of the University, such as fire, flood, power failure, labor dispute and student disruption, or if the employee fails to receive notice not to report because the employee did not provide a correct address or telephone number. ARTICLE 16 SHIFT PREMIUM SECTION A. EVENING SHIFT PREMIUM 165. An evening shift premium of one dollar ($1.00) per hour worked shall be paid to an employee who is scheduled to start work on or after 11:00 a.m. and before 7:00 p.m. or who has a majority of scheduled hours between 3:00 p.m. and 11:00 p.m. 166. A work shift of less than eight (8) hours per day and scheduled to start at a time determined by adding one (1) hour to 11 a.m. for each hour the daily work schedule is less than eight (8) hours and before 11:00 p.m. or has a majority of scheduled hours before 11:00 p.m. after using the calculation above. SECTION B. NIGHT SHIFT PREMIUM 167. A night shift premium of one dollar and twenty-five cents ($1.25) per hour worked shall be paid to an employee who is scheduled to start work on or after 7:00 p.m. and before 3:00 a.m. or who has a majority of scheduled hours between 11:00 p.m. and 7:00 a.m. 168. A work shift of less than eight (8) hours per day and scheduled to start at a time determined by adding one (1) hour to 7:00 p.m. for each hour the daily work schedule is less than eight (8) hours and before 7:00 a.m. or has a majority of scheduled hours before 7:00 a.m. after using the calculation above. SECTION C. ADDITIONAL PROVISIONS 169. An employee who works beyond the employee's scheduled hours will continue to receive shift premium, if any, determined by the starting time set forth in paragraphs 165 - 168 above. In addition, if an employee (1) is scheduled and works eight (8) or more hours; and (2) works more than four (4) additional consecutive and contiguous hours; then the employee will be paid the shift premium for that shift, or the shift premium for his/her first eight (8), ten (10) or twelve (12) hour shift, whichever premium is greater. 61 Refer to Paragraph 368 40 170. If an employee's schedule of work is divided by a period of time exceeding one (1) hour, the second segment will be considered a new starting time in determining whether a shift premium is payable for that segment. ARTICLE 17 ON-CALL SYSTEMS AND PAY SECTION A: ON-CALL SYSTEMS 170A. On-call scheduling systems must comply with the on-call language in this Article62. Established Systems in Unscheduled Patient Care Areas 170B. 1) Established systems in unscheduled patient care areas, in effect prior to April 11, 2001 shall remain in effect for the duration of this Agreement. 2) A supplemental call system may be developed on units with an established call system to cover overtime which occurs at the end of a shift, subject to manager approval. 170C. In the event either party wishes to change an established on-call system or create a new system, the parties shall meet to negotiate such changes. Short-Term Systems on 24/7 Units 170D. 1) If the following criteria for establishing a short-term on-call system on an inpatient unit are met, the manager will request a special conference with the Association and the Nursing Director: a) The unit must document a five per cent (5%) rate in anticipated open shifts or an overtime trigger over five per cent (5%). b) A majority of the unit employees must vote to establish an on- call system. 2) If approval to establish an on-call system is given by the Association and the Director of Nursing, an Association representative will meet with the unit workload review committee to determine the reasons for the situation and recommend actions to: a) Respond to the current situation. b) Prevent the situation from recurring 3) The on-call system will remain in effect no longer than four (4) weeks, at which time, its effectiveness will be evaluated by the unit workload committee and the Association. Components of the evaluation may include, but will not be limited to: a) Success of the system in meeting unit staffing needs. b) Employee satisfaction with the system. c) Lengths of shifts that employees worked to maintain safe staffing levels. 62 See Intent Note for Paragraph 163B and Intent Notes for Paragraph 170A 41 d) A determination if the precipitating problem has been resolved and if not, why. e) Decide if an extension of the system should be requested. 4) Additional data, which may be useful in decision-making, will be provided to the evaluation group upon request. Examples of data are: a) Unit census and acuity trends on a month-to-month basis. b) Comparisons of assigned time off versus overtime/overfill hours. c) Use of PTO and extended sick time hours. 5) If it is determined that the need for an on-call system remains, a second majority vote of the unit employees must be obtained. SECTION B: ON-CALL PAY 171. An employee shall receive the following hourly rate for time in an on-call status: FRAMEWORK 5) RSAM $5.01 1) RN Level A $4.54 6) N-4 $5.51 2) RN Level C (B Inc.) $4.77 7) NP-4 $6.13 3) RN Level C $4.77 8) N-6 $11.00 4) RN Level D, E $5.01 Provided, however that an employee is not in the on-call status when at work nor shall an employee receive on-call pay for any time in the on-call status when the employee does not return to work pursuant to call. On-call pay hours equal the number of hours scheduled to be potentially at work63. 171A. Kellogg/Mott OR’s/all PACU’s and procedure areas on-call pay system: 1) On-call will be based on unit requirements per person per quarter and paid quarterly on same cycle as off-shift bonuses. 2) Employees who exceed the on-call hours listed below will be paid on-call in addition to the amounts in paragraph 171. 3) 157 – 312 on-call hours required in a quarter - rate is $1.25 4) If on-call hours exceed 312 hours in a quarter, the additional rate changes to $1.75 for on-call in excess of 156 hours. 63 See Paragraph 174A. see Intent Note for Paragraph 171 HOME CARE SERVICES 1) MVN/MVC $4.77 2) HCAC $5.01 3) NP-4 $6.13 44 ARTICLE 20 VARIABLE ACTIVITY 178. The parties agree that the appropriate deployment of employees to provide high quality nursing care for all patients in a large tertiary care medical center is a complex task. Further, marked changes in the activity of individual units within such an institution present a particular challenge to the flexibility and creativity of the staff to respond to these changes within the limitations of finite resources. In order to respond to these changes, the parties agree that a variety of methods to allow redeployment of staff, while maintaining the principles of volunteerism and equity of distribution, be made available. It is mutually desirable that responses to these changes be made without incurring overtime SECTION A. VOLUNTARY FLOAT Float Bonus 179. An employee who agrees to float from their unit at times of reduced staffing needs for at least four (4) hours will be paid eight dollars ($8.00) per hour or will be credited with one (1) hour of PTO for every four (4) hours worked in float status in addition to their hourly wage. The choice will be made by the employee at the time floating occurs. This is only applicable to regular hours, not overtime or over appointment70. 180. Employees who float to another unit to provide expertise that is not available on the receiving unit will receive the float bonus as described in Paragraph 179 of this Article for all hours worked. A four (4) hour minimum is required. 180A. Employees who float to an Ambulatory Care Clinic for the purpose of enhancing their own professional growth will not be eligible for the float bonus71. Voluntary Float General Principles 180B. Employees who are floating will not be required to float more than one time during a shift. An employee may volunteer to return to the home unit if they are no longer needed on the receiving unit. 180C. If an employee is on-call for one unit, he/she will not be required to report to work and then float to another unit for that shift72. 180D. Credit for float occurrences will be recorded as overtime/over appointment or assigned time off in the unit recording system as established according to Paragraph 158, at the employee's direction. 70 See MOU 768 - 770 71 See Intent Note for Paragraph 180A 72 See Intent Notes for Paragraph 180C 45 181. Orientation will include the full range of activities that the employee will be expected to perform, and will be based on existing competencies used in any new employee's orientation73. 181A. When there is mutual agreement between an employee and a manager that the employee may float to enhance professional skills, the manager will commit to providing the necessary training and the employee will commit to working an agreed upon number of shifts. 182. An employee who is voluntarily floating has the right to refuse a particular assignment, based on competency. The supervisor and the employee will meet to resolve the issue. No discipline can be initiated against the employee who is floating until a meeting between the employee, supervisor and the Association is held to review the issues. SECTION B. WORK ASSIGNMENT 183. Employees will not normally be reassigned from their regular unit. In the event that the University believes it is necessary to reassign employees in response to a situation that will last for a period of time and/or is anticipated, the University will discuss the matter first with the Association. If it becomes necessary temporarily to reassign an employee to another unit, volunteers will be sought from among the employees being considered for reassignment. When an employee is reassigned, he/she will be given an orientation consistent with the duties to be performed. Orientation will include the full range of activities that the employee will be expected to perform, and will be based on existing competencies used in any new employee's orientation. A nurse who does not believe that he/she has been adequately oriented will not be reassigned. Once orientation is completed and competencies demonstrated, the employee may be reassigned. An employee who has been temporarily reassigned to another unit will not be assigned to be in charge. If an employee is temporarily reassigned, the employee will do so unless:74 183A. After discussing the matter with the employee's supervisor, the employee refuses to be reassigned because of an asserted lack of competence to perform the assignment(s); or, 183B. The employee is excused by the employee's supervisor. 183C. In the event that after discussing the matter with the employee's supervisor, the employee refuses to be reassigned because of alleged lack of competence to perform the assignment(s); and in the event that disciplinary action is contemplated, the provisions of Section D. of Article 45, (Discipline) shall be applicable even though discharge may not be contemplated. In this regard, discipline, if any, pertaining to the professional judgments regarding the 73 See Intent Note for Paragraph 18 74 See Intent Notes for Paragraphs 18 and 183; See Paragraph 605B 46 employee's competence to perform the assignment(s) will not be imposed prior to the review provided for therein, including a joint meeting with the Association and the employee. SECTION C. GENERAL CONDITIONS 184 – 184A. Deleted 184B. When an employee volunteers or is assigned, there will always be an assigned resource person who is a Registered Nurse. 184C. Once an employee is reassigned, he/she will not be recalled to their home unit for the remainder of that eight (8) or twelve (12) hour shift, unless mutually agreed by the employee and the supervisor or designate of the home and receiving units. 184D. When seeking volunteers or assigning employees to float when there are no volunteers, occurrences of reassignment will be equitable among employees on a unit who have been adequately oriented and have met the requirement outlined above. 184E. A home unit will not reassign an employee to another unit and simultaneously utilize temporary or Per Diem employees, other floats, or overtime/above appointment hours to cover the same time period. 184F. In the event the Employer believes it is necessary to permanently transfer employees due to variable activity, the Employer will meet with the Association to jointly determine if a bonus will be offered to employees who voluntarily choose to transfer. In cases where there is a need to permanently transfer employees due to variable activity, the Employer will select the most senior applicant who volunteers from each identified unit and who possesses the required qualification; desired qualifications will not be considered. 184G. For the probationary employee who is reassigned, the probationary period may be extended at the discretion of the manager as follows: 1) For like areas as defined in Addendum D, the probationary period will be extended from the date of the work assignment, but no less than 45 days or to the end of the original 6 month probationary period, whichever is longer, but not result in a probationary period of less than 6 months in total. The maximum probationary period will be 6 months and 45 days. 2) For unlike areas as defined in Addendum D, the probationary period will be extended from the date of the work assignment, but no less than 45 days or to the end of the original 6 month probationary period, whichever is longer, but not result in a probationary period of less than 6 months in total. Any further extension of probation will be by mutual agreement. 49 SECTION E. OTHER 185N. On units where there is a predictable seasonal variation in activity the following options may be considered84: 1) Offer positions with seasonal specifications matched with appointment fractions. 2) Offer positions for "x" month appointment with salary and benefits distributed evenly over twelve (12) months. 3) Offer positions with a seasonal assignment in two units85. SECTION F. COVERAGE OPTIONS FOR EXTENDED ABSENCE 185P. A part-time employee may volunteer to work a minimum of four (4) hours per week over appointment for a designated period of time to provide coverage for an extended absence related to short-term disability or FMLA. If at the manager’s discretion the employee is scheduled and works the additional hours, the following applies: 1) An hourly premium of $8.00 will be paid for the additional over appointment hours worked; 2) The employee will receive additional PTO accrual for the over appointment hours worked; and, 3) The additional hours will not count toward the employee’s individual overtime limit, or the unit overtime trigger. 185Q. There are no limitations to the use of Central Staffing Resource/ACNRP temporary staff or Per Diem staff related to coverage for an extended absence related to Extended Sick Time or FMLA. ARTICLE 20-A PER DIEM EMPLOYEE 185R. The following are in regards for Per Diem employees: 1) Per Diem employees may be scheduled or called off from a pre- established schedule, depending on the unit’s needs. Per Diem employees will be assigned time off pursuant to Article 15A. Per Diem employees will serve a probationary period that will be 6 months. 2) A Per Diem employee who does not commit to work within a 90 day period or does not meet unit/area staffing and scheduling guidelines may be terminated at the sole discretion of the University. It is understood that each unit/area will develop within their staffing and scheduling guidelines for the use of Per Diem employees provided those guidelines do not violate the Agreement, including Addendum A. 3) Any Per Diem employee who does not work for a period of 1 year will be terminated. Seniority shall not accrue while on Per Diem status however an 84 See Intent Note for Paragraph 185N 85 See Paragraph 438 50 RN who changes to Per Diem status from regular employment status shall retain seniority pending return to a regular employee status. Upon return to regular employment, previously accrued seniority and benefit accruals as a regularly scheduled nurse shall be reinstated as described in Paragraphs 202, 203, and 203B for wage and benefit eligibility purposes as described in Paragraphs 209, 210, 212, 213 and 215. For the purpose of transfers, Per Diem employees will have access to regular employment over applicants from outside of the Hospital86. a) For the duration of the of the time an employee is on a Per Diem status, the service will not be credited as accrual towards meeting the eligibility to retire with medical, prescription drug, dental and life insurance benefits. b) Eligible service accrued prior to the time an employee is on a Per Diem status will be added to an eligible service period that accrues following a return from a Per Diem status position provided that the Per Diem employee returns to a position eligible for retirement with medical, prescription drug, dental, with life insurance benefits. 4) Per Diem employees have an obligation to pay dues or service fees as described in Article 7 (Association Dues and Representation-Service Fees) and Article 8 (Check Off of Association Dues or Representation – Service Fees). 5) Per Diem employees shall be considered as non-exempt employees and will be paid according to FLSA rules. Overtime for time worked over 40 hours in a week (Article 15: Overtime; Para 148-1) 6) Shift differential (Article 16: Shift Premium; Para 165 and 167) 7) Premium pay for a holiday (Article 32: Holidays; Para 354 and 354A-1) 8) Per Diem employees are to be scheduled after all regular employees are schedule per the applicable contract language. 9 )Per Diem employees will be compensated on a tiered model, based on the hours committed to work by the Per Diem employee. A joint labor market assessment will be conducted to evaluate the need for any adjustment as needed throughout the life of the agreement87. 10)For the purpose of establishing a salary, hours worked as a Per Diem RN will be credited toward step placement in the same manner and extent as all other external RN applicants. 185S. Articles 45, 46, and 47 apply to Per Diem employees. Per Diem employees may use the dispute and arbitration procedures of this agreement only with respect to alleged violations of those paragraphs specifically applying to Per Diem employees. Issues eligible for the dispute and arbitration process include staffing and scheduling, discipline without just cause, pay issues and discharge without just cause except for those discharges that occurred related to the language in Paragraph 185R-2 and 3. In addition, the Association and the University may mutually agree to meet in conference to resolve issues not subject to the dispute and arbitration procedures of this agreement. 86 See Intent Note Paragraph 185R.3 87 See Appendix A-2 51 185T. It is understood that if state or federal health care reform provisions require the University to provide benefits to Per Diem employees, the Association and University will meet to negotiate new wages rates, taking into consideration the University’s cost of providing benefits. ARTICLE 21 SENIORITY DEFINITIONS AND LOSS OF SENIORITY SECTION A. DEFINITIONS 186. For the purpose of this Agreement, the following definition shall apply: 187. "Seniority" means uninterrupted employment with the University beginning with the latest date of hiring with the University and shall include periods of University employment outside the bargaining unit, layoffs and other periods of absence authorized by and consistent with this Agreement88. 187A. Anniversary date means the most recent date of entry into the MNA bargaining unit. For employees transferring into the bargaining unit after January 14, 1992, the anniversary date means the most recent date of hire as a regular employee with the University. Employees who are reinstated following the execution of this Agreement shall retain their University date of hire as their anniversary date when they are reinstated. SECTION B. LOSS OF SENIORITY 188. An employee shall lose seniority and no longer be an employee if: 189. The employee resigns or quits; 190. The employee is discharged or terminated; 191. The employee loses, or otherwise does not maintain a State of Michigan Nursing license; 192. The employee retires; 193. The employee does not return to work from layoff at the scheduled return time, provided the employee is given not less than seven (7) calendar days notice to return by certified or registered mail or by telegram addressed to the employee at the employee's last address filed with the University of Michigan Health System Human Resources Department, except when the failure to return to work as scheduled is due to circumstances beyond the control of the employee, 88 See Intent Note for Paragraph 187 54 under Article 39, prospectively, consistent with the employee's years of service.89 213. Paid Time Off does not accrue during the period of absence. 214. The period of absence need not be considered time worked for the purpose of establishing salary. 215. A reinstated employee shall be subject to the same enrollment standards in insured benefit plans as a new hire. SECTION D. CREDIT FOR PRIOR SERVICE 215A. In addition to the reinstatement language in this Article, an employee who has a break in service of more than one (1) year may request prior service credit for previous employment with the University, provided that: a) The employee had a minimum of one (1) year of continuous prior service as a regular employee; b) The break in service is greater than one (1) year: c) The length of the break in service was less than the length of service prior to termination; and, d) The employee has completed ten (10) years of current, continuous University service. 215B. Credit for prior service will be used in determining eligibility for retirement and service awards only. 215C. To retire with benefits requires a benefit eligible appointment, which is a regular appointment of 50% or greater, lasting four continuous months or longer. 215D. An employee may be reinstated or receive credit for prior service only one time. SECTION E. BRIDGING ELIGIBLE SERVICE PERIODS 215E. A reduction in an appointment effort below 50% will be counted as eligible service to retire with medical, prescription drug and life insurance benefits and maintain continuity of service accrual provided that: a)The employee had an appointment eligible for service accrual to retire with medical, prescription drug, dental, and life insurance benefits prior to the reduction in effort; b)The reduced appointment is less than 50% but greater than 0%; c)The duration of the reduction in appointment is less than one year; d)The employee returns to an appointment eligible for retirement with 89 See Intent Note Paragraph 212 55 medical, prescription drug, dental, and life insurance benefits service accrual following the reduction. 215F. If the duration of the reduction in appointment is one year or greater, the service during the reduction below 50% will not be credited as accrual toward meeting the eligibility to retire with medical, prescription drug, dental, and life insurance benefits. Eligible service accrued prior to the reduction will be added to an eligible service period that follows the reduction period provided that: a) The employee had an appointment eligible for retirement with medical, prescription drug, dental, and life insurance benefits service accrual prior to the reduction in effort; b) The reduced appointment is less than 50% but greater than 0%; c) The duration of the reduction in appointment is less than five years; d) The employee returns to an appointment eligible for retirement with medical, prescription drug, dental, and life insurance benefits service accrual following the reduction. 215G. An employee is permitted to bridge service in addition to, and in conjunction with, Prior Service Credit and Reinstatement. There is no limit to the number of times an individual may elect to bridge eligible service periods. Since the service date is not changed, bridging service will have no effect on any other University benefit. ARTICLE 23 INFORMATION LISTS 216. The University shall furnish the Association with the following informational lists: 217. Two (2) copies of monthly lists as follows: a) Alphabetical by name, identification number, classification title, pay grade, rate of pay, and date of hire of all employees in the bargained unit. b) Employees together with their most current addresses as they appear on the records of the University. c) Employees hired during the previous calendar month. d) Employees promoted during the previous calendar month. e) Employees terminated during the previous calendar month. f) Employees on leave of absence, including identification number. g) Employees transferred into the bargaining unit during the previous calendar month. h) Employees transferred out of the bargaining unit during the previous calendar month. i) Employees who, together with the department are classified as temporary or Per Diem staff nurse number and hourly rate of pay. 218. A list of areas where positions within the bargaining unit are open as of Tuesday of each calendar week by classification title. 56 219. A list of all bargaining unit employees according to Salaries by Position Title Code on a quarterly basis. 221. The Association shall retain the information in above in confidence and disclose it only to those officials of the Association whose Association duties require them to have such information. ARTICLE 24 PERSONNEL FILES 230. An employee shall be entitled to review the contents of his/her University of Michigan Health System Human Resources Department personnel file. At the request of the employee, a representative of the Association may be present. At the request of the employee, copies of any item(s) contained in the University of Michigan Health System Human Resources Department personnel file shall be provided to the employee. One copy of any item(s) the employee has not otherwise received shall be provided at no cost to the employee. Additional copies or copies of any item(s) the employee has otherwise received shall be provided at the prevailing cost of duplication at the time the request is submitted or ten (10) cents per copy, whichever is less. 231. With the written consent of the employee, the Association Representative may read the contents of the employee's personnel file and obtain a copy of any notice of reprimand or discipline that has not already been provided to the Association. ARTICLE 25 PROBATIONARY EMPLOYEES 232. An employee is a "probationary employee" for the employee's first six (6) calendar months of employment at the University or for the first six (6) calendar months following transfer into the bargaining unit. The employee will receive a written evaluation on or before the day the employee completes four (4) calendar months of employment. In the event that the employee does not receive such a written evaluation, the employee will no longer be a probationary employee. In addition, the University may discontinue an employee's probationary period at any time by written notice to the employee90. 232A. Non-probationary University employees transferring into the bargaining unit will have access, during the bargaining unit probationary period, to personal medical, family medical and childcare leaves as outlined in Article 38. Such transferring employees absent for personal illness or injury will have access to accrued PTO and, upon meeting the two-year service criteria, short-term disability (STD) as described in Article 30. Upon return to work following an 90 See Intent Note for Paragraph 232; see Paragraph 710 59 Conference is to determine the appropriate unit definition, to coordinate the reduction in force and placement process once the need is identified, and to reach joint agreement on the application of this contract language to MVN/MVC nursing. 246. Ability to perform the work: The employee has the skills (including the ability to work with patients, families or significant others, and with professional and supportive personnel who provide patient care), education, training (specialized or otherwise), and knowledge, to perform the full range of duties of the position in question within the usual or ordinary period of time to be or to become acquainted with those aspects of the position that the employee could not or would not otherwise know as distinguished from training or learning the basic or special skills needed for the position. 247. Priority Consideration: The employee having the required qualifications will be considered, including an interview, in seniority order until an employee is placed, at the same time as other employees, but prior to applicants for employment94. SECTION B. PROCEDURE 248. A non-probationary employee and the Association shall be notified of an impending layoff or mandatory reduction in hours as soon as practicable, but no later than thirty (30) calendar days prior to the layoff or mandatory reduction in hours for employees with less than ten (10) years seniority, or ninety (90) calendar days for employees with ten (10) years or more seniority. The Association, within five (5) calendar days following notification, may request a meeting with the University to advise the University of its position and any proposed solutions which it may have in regard to such layoff or mandatory reduction in hours95. 248A. A joint team will meet to coordinate the Reduction-in-Force/replacement process once the need is identified. This team should include the Association chairperson or designee, CSR manager, a Human Resources representative and the Chief of Nursing or designee. 249. A reduction of the work force shall be by and from each classification within a unit in accordance with the following procedure: 250. Probationary employees in an affected classification within a unit shall be removed from the classification before a non-probationary employee, provided that the employee remaining in the classification have the ability to perform the work, which remains or will remain in the unit. 94 See Intent Note for Paragraph 247 95 See Intent Note for Paragraph 248 60 251. Thereafter, employees in the affected classification within a unit shall be removed from the classification in order of seniority, beginning with the employee with the least seniority, provided that the employees remaining in the classification have the ability to perform the work, which remains or will remain in the unit96. 252. In the event that a Per Diem employee is employed in a unit, a non- probationary employee, who is to be removed from any unit, shall have the option of replacing the Per Diem employee, contingent upon ability to perform the work available. An employee exercising this option does not become a Per Diem employee. 253. A removed, or about to be removed, non-probationary employee shall receive priority consideration for positions in their own clinical area, including priority over all other employees, for a period of two (2) weeks from the date of notification of reduction in force. Thereafter, the employee will have priority consideration as defined in Paragraph 247 (over applicants for employment). Priority consideration for positions will occur in the following order97: 1) Regular job openings in the same classification. 2) Regular job openings in the same pay grade. 3) Regular job openings in each succeeding lower pay grade. 253A. An employee with the required qualifications as defined in Article 27 will be placed in a regular job opening, if any, prior to any other applicant for employment. Prior to placing an employee in a lower pay grade, the University will attempt to place the employee in the same pay grade first98. 254. Should a removed or about to be removed employee not be placed in a regular opening as provided in Paragraph 253, the employee will replace a probationary employee in a Professional Development Framework classification within the employee's own clinical area first and thereafter in other clinical areas of the University, provided the employee has at least two (2) years seniority and the ability to perform the work of the probationary employee. 254A. In the event an employee is not placed as described in the above paragraph, that employee with two (2) years seniority may replace the least senior employee in the University, provided that the difference in seniority between the two (2) employees is greater than one (1) year and the employee has the ability to perform the work of the employee to be replaced. Employees placed as a result of this process cannot transfer to another position for one year. 255. Should a removed employee not be placed, the employee will be laid off. 96 See Intent Note for Paragraph 251 97 See Paragraph 247 & Intent Notes for Paragraph 253 98 See Intent Note for Paragraph 253A 61 256. In no case will the University be required to rearrange work schedules to accommodate employees, provided however, it is understood that the application of this procedure may require work schedule changes, notwithstanding the provisions of Article 13, Staffing and Scheduling. 257. An employee scheduled for a mandatory reduction in hours may elect to be covered by the provisions of 252, 253, 254, 254A and 255 above. 258. Contingent upon available work, an employee who is about to be laid off may be placed by the University in the CSR or ACNRP, as a regular employee at the employee's request. Employees must meet the qualifications and be willing to float to exercise this option. Employees placed in this manner will have recall rights consistent with paragraphs 264 and 264A-E. If there are more employees than can be placed in the CSR or ACNRP in this manner, they shall be placed in seniority order, highest to lowest. In this event, that employee will have priority over any Per Diem employee or over any unit based regular employee requesting work above appointment hours on another unit through CSR/ACNRP for available hours on a unit, which they are qualified to work. An employee choosing this option will need to do so during their notification period99. 258A. Employees electing placement in CSR or ACNRP pursuant to Paragraph 258 may exercise this option for a maximum of ninety (90) days, effective the first day of work in CSR or ACNRP, unless there is joint agreement to extend the placement. In the absence of an extension, the employee may be offered a position for which he/she is qualified. Rejection of such an offer will be considered a voluntary termination100. 259. A process to assist employees who have been subject to a reduction-in-force will be established. This will include Association representation during RIF notification when practicable and a designated Human Resource representative as a resource for the employee. The employee will be provided information on rights and responsibilities under this Agreement, and regarding the application and interview process101. 260. An assessment of the employee's qualifications and interests will be made with the employee. The employee will have a choice among available positions for which he/she is qualified, whenever practicable.102 260A. An employee who has the ability to perform the work and does not accept whatever placement is offered at any time during the thirty (30) day or ninety (90) day notice period, that provides at least eighty percent (80%) of the employee's base rate and eighty percent (80%) of the employee's appointment 99 See Intent Note for Paragraph 258 100 See Paragraph 260A 101 See Intent Notes for Paragraph 259 102 See Intent Note for Paragraph 260 64 orientation and/or retraining in a reasonable time frame. When the manager and employee agree to an extended orientation, the employee will agree that recall rights will commence six (6) months following completion of the orientation plus one additional month for each extended week of orientation (beyond the average for that unit). This is not intended to extend the recall rights past 18 months from Reduction-in-Force notification. SECTION F. LIABILITY 268. A dispute involving compliance with this Article shall begin at Step Two of the Dispute Resolution Procedure, provided it is submitted in writing at Step Two within the fifteen (15) calendar day period after the Association or the employee has the knowledge, or should have had knowledge, of the facts giving rise to the dispute. No dispute concerning "ability to do the work" or "equivalent or required qualifications" shall be subject to arbitration. ARTICLE 27 TRANSFERS: PROMOTIONS, DEMOTIONS AND LATERALS SECTION A. DEFINITIONS 269. Transfer: - A "transfer" is the explicit movement of an employee to a regular job opening during which time the employee performs or is expected to perform the full range of duties of that position106. 270. Regular Job Opening: - A "regular job opening" is a vacant position, which is expected to continue for more than six (6) consecutive months. A position is not vacant when the employee in the position, following a review of the employee's duties and responsibilities, is reclassified. 271. Promotion: - A "promotion" is defined as the transfer of an employee to a regular job opening in a classification assigned to a higher pay grade. 272. Lateral: - A "lateral" is defined as the transfer of an employee to a regular job opening in a classification assigned to the same pay grade. 273. Demotion: - A "demotion" is defined as the transfer of an employee to a regular job opening in a classification assigned to a lower pay grade. 274. Required Qualifications: “Required Qualifications” means that the records of the University, or other knowledge made known to the University, establish that the employee has the education, training, and experience as posted, and indicates with reasonable certainty that the employee will be able to perform competently the full range of duties of the regular opening within a reasonable period of time. 106 See Intent Note for Paragraph 269 65 274A. Competent performance: "Competent performance is the ability to work effectively with patients, families or significant others, and with professional and supportive personnel who provide patient care. The employee shall have demonstrated ability to provide effective nursing care to patients; i.e. assesses, plans, implements, documents, evaluates nursing care; initiates effective actions in emergencies; guides performance of others who provide nursing care. 274B. Desired Qualifications - "Desired qualifications" are additional skills, experience and credentials that are valuable to the position and which will enhance the ability to do the work. 275. Normal Orientation - "Normal orientation" means the usual or ordinary period of time to be, or to become, acquainted with those aspects of the position that the employee could not or would not otherwise know, as distinguished from training or learning the basic or special skills needed for a position, except where the training or learning of the basic or special skills is required for all employees when first assigned to a particular position.107. 275A. Provisional Selection: status that may be granted to a senior employee by a hiring manager when there are reservations about the employee's ability to perform the duties of a posted position108. SECTION B. POSTING AND BIDDING PROCEDURE 276. The following procedure is intended to provide employees the opportunity to apply for and receive consideration for a regular job opening at the same time other candidates are being considered 277. Open regular positions will be posted for five (5) calendar days unless the opening is filled pursuant to other provisions contained within the Agreement, including but not limited to: return from a leave of absence, application of Art. 26 (RIF and Recall) or if the position is filled from within the unit. Under this section, an Ambulatory Care clinic will be considered a unit109. 278. The posting will note the classification, the pay grade, the unit, the appointment hours, the shift(s), and whether it is a reposting of a position. When possible, if the Employer determines straight shift positions meet the needs of the unit, the Employer will post positions as straight shift positions. When there is a desire for 8-hour shifts and the Employer determines 8-hour shifts meet the needs of the unit, the Employer will post 8-hour shift positions. In addition, the posting will indicate if the position includes assignment to every weekend and, if applicable, geographic locations. As determined by management and when consistent with the needs of the unit, the Employer will post positions at full- 107 See Intent Note for Paragraph 275 108 See Paragraph 285 and Intent Note for Paragraph 275A 109 See Paragraph 343D 66 time benefit eligible appointment fractions. In addition, the posting will include a list of all required qualifications essential for consideration for that position, as well as a list of desired qualifications in priority order110. 278A. Selection criteria will be developed by the hiring supervisor for each position that is posted and will be made available to candidates upon request, along with any other information about that position including a specific job description, if available111. 278B. General information about the internal application and interview process, bargaining unit classification descriptions, and unit profiles will be made available to the Human Resources Department upon request. Unit profiles will include the usual qualifications for positions on that unit. There will be collaboration between the Association and the University when the required qualifications differ from the prior posted required qualifications. 279. Employees will continue to have access to job posting information equivalent to the systems at time of ratification (Nov. 6, 2011). 280. An employee who wishes to be assured of consideration for a transfer to a regular job opening must submit a resume to Human Resources via the University’s application system. 281. An employee who does not provide all requested information or who has not properly completed the on-line application process prior to five (5) p.m. on the closing date, need not be considered. 282. a) An employee need not be considered for transfer under this Section during the one (1)-year period following the employee's promotion, transfer. Any new hire with less than six months RN experience need not be considered for transfer under this section during the one-year period following the employee’s completion of probation. In this connection, it is understood that it may be advantageous for an employee to transfer before the end of the one (1) year period. The one (1) year period does not apply to employees who have been placed in a position following a reduction-in-force. During the one-year period following a transfer, promotion or hire, the current manager will determine whether an employee may be considered for transfer. If a transfer is permitted, the usual transfer language applies. b) Employees who accept a position in an internship or retraining program will make a commitment in writing before the transfer takes place. No commitment will be less than one (1) year or longer than two (2) years. The commitment period will begin at the time of transfer and will exclude periods covered by short-term disability or 110 See Mou 763 - 764 111 See Intent Note for Paragraph 278A 69 (14) calendar days of the appeal. A written decision will be issued within fourteen (14) calendar days of the hearing. 286C. Within ten (10) calendar days following receipt of the decision of the appeal panel, and at the request of the Association, the University will submit the issue through the mediation process outlined in Article 46. Appeal to the arbitration procedure is not available. SECTION E. GENERAL PROVISIONS 287. An employee who is selected for transfer will be transferred not later than thirty (30) calendar days after notification to the employer of the selection, unless a longer period of time is mutually agreed upon in writing between the employee and the involved supervisors. 288. A transferred employee will receive a normal orientation as defined in Section A of this Article and be given a reasonable period to demonstrate competent performance. If the employee fails to demonstrate competent performance the manager(s), employee and the Association Chair or designee will meet to identify a plan to promote success. If the plan is not successful, the University will place the employee in a vacancy, if any, where the employee has previously demonstrated competent performance. If there are no vacancies, the Association, the University and the affected employee will meet to determine the next steps121. 289. Following promotion, an employee who is placed in a vacancy through the process described in Paragraph 288, will be paid at the same pay rate the employee received prior to the promotion, or at a higher pay rate if the employee would have received an increase in pay pursuant to the terms of this Agreement if the employee had not been promoted. 290. During any period in which employees are being considered for transfer, the regular job opening may be filled by other than the provisions of this Article until the selection process is completed and placement is made. In this regard, an employee, who is specifically told in advance that the employee is temporarily assigned to fill a regular job opening prior to the final selection and placement and the position is in a classification assigned to a higher pay grade, will be compensated at the rate of five percent (5%) of their regular wage in addition to their regular wage for hours worked in that classification. 291. No employee will be required to perform the job duties of a higher classification as a prerequisite to promotion. 292. No employee will be involuntarily demoted without prior written notification of performance deficiencies. Prior to or at the time demotion is first contemplated, 121 See Paragraph 285 and 282,6b 70 the supervisor will initiate a meeting with the employee to discuss the performance deficiencies and develop a plan for correction with appropriate time frames. If an employee is involuntarily demoted, the employee and the Association will receive a written explanation for the demotion. 293. The Association and University will have an agreed upon process to review posted required qualifications prior to a job offer when the qualifications are disputed. 293A. If a higher seniority candidate is not selected, these steps shall be followed prior to a job offer being made: 1) The hiring manager will notify the Association if a higher seniority candidate is not selected, prior to a job offer being made; 2) At the request of the Association, a meeting with the Association leadership, area representative, Director, manager and Human Resource representative will be convened within five (5) business days unless mutually agreed otherwise; 3) If there is a lack of consensus and the job offer continues to be held pending review or dispute resolution, all candidates awaiting a decision will be informed. Any candidate may withdraw their interest in a position during the review or dispute process. 293B. If a higher seniority candidate is not selected after the process in Paragraph 293A has been completed, the hiring manager will provide simultaneous notice to the candidate and to the Association about the decision. SECTION F. RATES OF PAY ON TRANSFER 294. When an employee moves to a classification in a different pay grade, the employee's wage within the new range will be at the same step in the Wage Schedule as the step the employee was on in the prior classification except as provided below: Nurse Practitioner 295. Employees transferring into the Nurse Practitioner role will be placed per the salary model outlined in the Nurse Practitioner Memorandum of Understanding. Advanced Practice Nurses 295A. The University will place Advanced Practice Nurses transferring into the Professional Development (PDF) or Role Specific Advancement Model (RSAM) in a like area of current or past practice as follows: a) Advanced Practice to PDF level E b) Advanced Practice to RSAM level Expert Advanced Practice to an unlike area of current or past practice: c) Advanced Practice to PDF level D d) Advanced Practice to RSAM level Competent 71 Certified Nurse Midwife e) Employees who transfer into the classification of Certified Nurse Midwife will be placed on the step in the appropriate pay grade that provides at least a five per cent (5%) base wage increase plus one additional step on the N-5 wage schedule for each 12 months of applicable Nurse Midwife experience. Certified Registered Nurse Anesthetist f) Employees who transfer into the classification of Certified Registered Nurse Anesthetist will be placed on the appropriate step as outlined in Paragraph 625A. Other g) Employees who transfer into a position that is part of a formal internship or retraining program prior to July 1, 2006 will be paid at a rate that is five per cent (5%) lower than their current step for the duration of the internship or retraining program. See Addendum D, Professional Development Framework for compensation related to internship programs as of July 1, 2006 RSAM and Framework Split Appointments h) Split appointments will be paid at the rates associated with each level for each unit ARTICLE 28 WORK REDESIGN 296. The University and the Association agree that it is appropriate to evaluate the work processes of registered nurses and to design the work in a manner that is both efficient and provides quality care and a safe work environment. We acknowledge the importance of such an evaluation, including discussion among colleagues. We further acknowledge that work processes or design could impact quality of care, employee satisfaction or the long-term viability of the unit. Therefore, concerns regarding such design require timely and appropriate resolution. 297. To this end, the University and the Association agree that it is appropriate to conduct work redesign across in and outpatient areas in the context of how it affects patient care. Joint redesign efforts will be coordinated at the departmental and central administration level with the Association leadership. An agreed upon process will be used for work redesign. Communication of work redesign proposal decisions to others affected, through appropriate means, will be an included component of the process. Current work redesign initiatives will be reviewed for mutual endorsement and/or modification122. 298. The parties agree to establish a process for collaborative discussions and planning regarding changes in the Registered Nurse role expectations whenever work redesign is undertaken, or at the request of either party. We agree to 122 See Paragraph 715 and Intent Note for Paragraph 297 74 time of 23.33 hours a month for full-time, prorated for part-time of eight hours or more126. 3) Full Time employees in pay grades N3 to N6 will accrue PTO time as follows: Seniority Rate of accrual each month 0 – 4.9 years 19.334 hours 5 years and above 23.334 hours 4) Those employees in the pay grades of N3 to N6 as of November 6, 2011, will accrue PTO time of 23.33 hours a month for full-time, pro- rated for part-time of eight hours or more127. 329. Except as provided in Paragraph 330, full-time employees shall accrue PTO at the rate outlined in Paragraph 328. A part-time employee normally scheduled to work eight (8) or more hours per calendar week will accrue PTO on a basis, which is directly proportionate to that accrued by full- time employee. Those normally scheduled to work less than eight (8) hours per week shall not accrue PTO. 330. During the calendar month in which an employee starts or ends employment, or starts or returns from any leave of absence, the employee shall accrue Paid Time Off hours depending upon the day of the calendar month on which the event occurs as follows: Day of Month Start of Employment or Return form LOA End of Employment or Start of LOA One through ten 100% None Eleven through twenty 50% 50% Twenty-one through end None 100% 331. Except as provided in Paragraph 330 above, an employee shall not accrue any hours of Paid Time Off (PTO) income during any leave of absence or while using extended sick time or during any calendar month in which the employee is absent without pay for fifteen (15) or more workdays. During any calendar month in which the employee is absent without pay for less than fifteen (15), but more than seven (7) workdays, the employee shall accrue fifty percent (50%) of their normal PTO income. 332. No employee may accrue hours of PTO income in excess of the employee's annual accrual, or if a part-time employee, in excess of the appropriate proportionate number of hours. 126 See Intent Note for Paragraph 328 127 See Intent Note for Paragraph 328 75 333. PTO will be accrued, recorded and available at the end of the calendar month128. 333A. Unused PTO time will be paid to an employee, annually, on the last pay day in January, provided the employee makes a written request to his/her supervisor by December 1 each year and provided the employee maintains a minimum of forty (40) hours (pro-rated according to appointment fraction) of accrued PTO time. 333B. An increase in the rate of accrual shall be effective in the calendar month during which completion of the required years of seniority or a change in the overtime payment eligibility status occurs. The accrual for that month will be on a percentage basis depending upon the day of the month the event occurs as outlined in Paragraph 330. SECTION C. PAY IN LIEU OF PTO TIME 333C. The University will give written notification to an employee at least two (2) months prior to the employee reaching maximum accrual129. 333D. An employee will receive pay in lieu of Paid Time Off (i.e., without taking actual time off from work) only after completion of the employee's probationary period and then only under the following circumstances: 333E. 1) Retirement; or 2) Start of a leave of absence, except that an employee who is granted a leave of absence for a period of six (6) months or less shall, upon written request, have up to forty (40) hours of accrued PTO time retained, provided the request is made to the supervisor prior to the beginning of the leave of absence; or 3) Termination, for whatever the reason, provided that the employee has one (1) year of seniority at the time of termination; or 4) Death, in which case a survivor will be paid; or 5) Layoff; or 6) If the hours of employment are reduced for an indefinite period, of time, payment of PTO hours will be made for all accrued hours in excess of the maximum accrual eligibility for the reduced employment. SECTION D. PAY FOR ACCRUED PTO TIME 333F. Pay for PTO time shall be at the employee's rate of pay at the time taken, times the number of hours of accrued PTO time scheduled and used. Pay for PTO time shall be paid to the employee on the employee's regular payday. Shift premium, as set forth in Article 16 shall be paid for the number of hours of 128 See Paragraph 87 and Intent Note for Paragraph 87 129 See Paragraph 333A and Intent Note for Paragraph 87 76 accrued PTO time scheduled and used, only by an employee who does not rotate from a shift for which the premium is payable. 333G. Pay in lieu of PTO time shall be at the employee's rate of pay at the time the event set forth in Section C occurs, times the number of hours of accrued PTO time. Pay for scheduled PTO time shall be at the employee's rate of pay at the time the scheduled time is taken, times the number of hours of accrued PTO scheduled and used. Pay for PTO time shall be paid to the employee on the employee's pay day, except that an employee shall be paid for such time in advance of the employee's scheduled time off on the employee's regular pay day preceding the scheduled time off, providing the employee is scheduled for ten (10) or more consecutive PTO days and the payment in advance is requested in writing at least seven (7) calendar days prior to the pay day preceding the first day of such scheduled time off. Shift premium, as set forth in Article 16 shall be paid for the number of hours of accrued PTO scheduled and used only by an employee who does not rotate from a shift for which the premium is payable. SECTION E. SCHEDULING OF PTO TIME 333H. 1) Holiday scheduling takes precedence over the granting of PTO. 2) During the annual holiday request period, employees may commit to work additional hours during holiday weeks. Based upon the hours committed, the nurse manager and the Workload Review Committee will determine the amount of PTO, if any, to be allocated during the Holiday weeks. If there are sufficient hours committed, a unit will grant at least one employee’s request for PTO during a Holiday week provided it does not negatively impact unit operations at the manager’s discretion. Additional hours committed at the time of the holiday request period that are scheduled and worked will be considered prescheduled related to paragraphs 355, 355C and 355D. 3) PTO shall be scheduled to meet the work requirements of the University on a unit basis in accordance with the following procedure130. 333I. 1) Each unit will post, prior to December 1 of each year, and at such other times as may be established by a unit, any limitations concerning the scheduling of time off, including the election to close down any or all of the operations of the unit and schedule time off during the close down period. Unit guidelines shall allow each employee to schedule at least seventy percent (70%) of his/her annual accrual of PTO time as vacation according to the requirements specified in Paragraph 333J. If unit guidelines are established to assure a specific amount of time off for each employee during the period, December 15 through January 15, this time may be included in the calculation of seventy percent (70%) of accrual even if the time 130 See intent note paragraph 333H 79 Access to Incremental PTO 333P.1 An employee may access incremental PTO, which will be considered scheduled time, provided the employee has enough PTO to cover the time and complies with the following steps; 1) The employee will provide the manager with at least 24 hours’ notice of the need for additional time off. An incremental PTO access request cannot be for more than one or two days or a partial shift of at least two hours, at a time and this access is not intended to create significant schedule changes on an ongoing basis. 2) The requested time off will be granted if the employee is able to obtain his or her own coverage and the time off will be considered as scheduled. 3) The employee is responsible for obtaining a commitment from another employee in writing. 4) The coverage may be changed or cancelled at the discretion of the manager. On-call may be cancelled within 24 hours without penalty. 5) The coverage must be another employee who is oriented to the unit and may involve over appointment, overtime, on-call or a CSR/ACNRP regular or temporary staff, or a Per Diem staff working beyond their usual commitment. 6) Overtime may be prescheduled and seniority will not be a barrier to this process. 7) Hours committed through this process do not qualify for the unit’s overtime trigger or the 20 hour limit for temporary or Per Diem staff and do not count toward the individual overtime limit or the unit overtime trigger. 8) Hours committed through this process do not count in the calculation of 70% annual allocation process. 9) This process does not apply to obtaining coverage on a holiday. 10) Employees may use this process to extend a vacation by no more than two days, provided the employee who is covering the time is not working overtime. Employees may not use this vacation extension during a holiday week. 11) If a CSR/ACNRP or Ambulatory Care Decentralized Float Pool nurse agrees to work over appointment or overtime to provide coverage for a specific employee requesting PTO access and the hours are cancelled, the nurse will not be reassigned to another unit, unless the CSR or ACNRP/Decentralized Float Pool nurse agrees. Problem Solving Meetings 333P.2 Discussions between an employee and manager and problem solving meetings are intended to promote a thorough understanding of lifestyle situations, which may contribute to the excessive use of unscheduled PTO. The discussions and meetings provide an opportunity for the employee to clarify their actions, to develop a mutual understanding of the employee’s issues and of the impact of the employee’s absenteeism on patient care and on the work life of other staff members. The goal is to develop a mutual plan to minimize the use of scheduled and unscheduled PTO. 80 Discussions 1) A discussion between the employee and the manager may be initiated whenever there is concern related to the continuous use of unscheduled PTO, including the use of partial shifts and contiguous unscheduled time with scheduled time. Those anticipated unscheduled absences, which the employee proactively discusses with the manager and develops a mutually agreeable plan to address, need not be included in the PTO problem solving process. Those unanticipated, unscheduled absences, arrivals after the scheduled shift start time or partial shifts less than one hour, which the employee subsequently discusses with the manager and develops a mutually agreeable plan to address, need not be included in the PTO problem-solving process. 2) If the employee exhausts their PTO bank and uses unapproved no pay at any time, a meeting will occur between the employee, the manager, and an Association representative. Subsequent occurrences of using unapproved no pay within nine months from the initial occurrence of unapproved no pay may result in disciplinary action. The employee will not be disciplined if the employee exhausted his/her PTO bank due to Assigned Time Off in the prior six months. In this event, a meeting with the employee, an Association representative, a Human Resource representative and the manager may be called. Formal Problem Solving Meetings 3) A formal problem-solving meeting must occur prior to disciplinary action. For the purpose of problem-solving meetings and disciplinary action, late arrivals and/or partial shifts of less than one hour will be treated separately from unscheduled PTO/absences. 333P.3 A problem-solving meeting for unscheduled PTO may be held with the employee, the manager and an Association representative if: 1) (a) a pattern of unscheduled PTO is observed, (b) or occurrences of unscheduled absences PTO are equal to or greater than four in a six month period. (c) The goal of the meeting is to provide an opportunity for the employee to clarify their actions and to develop a mutual action plan. 2) A second problem-solving meeting will be held if the employee has two (2) or more additional occurrences of unscheduled PTO within three (3) months from the date of the last occurrence or if the employee has four (4) or more unscheduled PTO within six (6) months after the date of the last occurrence. The latter will apply to those employees who have the first problem-solving meeting on or after the date of November 6, 2011. 3) A third problem-solving meeting will be held if the same occurrence pattern continues two months after the date of the last occurrence. Employee counseling, will occur which may lead to disciplinary action. 81 4) Note that as an outcome of these meetings, a mutually developed action plan may be developed which changes the discipline threshold for an individual employee in order to accommodate their specific situation. 5) The employee and the Association representative will be provided with applicable attendance data at the time the meeting is scheduled. The manager will request from the Association, a representative, which will be made available for a problem-solving meeting within one week of the request. This time frame may only be extended by mutual agreement. The employee will be provided notice at the time of the meeting request that subsequent occurrences that occur prior to the problem solving meeting may count towards further steps of the process. 6) During the annual performance evaluation process, a review of occurrences of unscheduled PTO and unexcused absences will occur. This review will not be considered part of the problem solving meeting or disciplinary process. The employee’s evaluation will not incorporate attendance related concerns if prior notice through the formal problem solving process has not occurred. 333P.3B A problem-solving meeting for arrivals after the scheduled shift start time /partial shifts of less than one hour may be held with the employee, the manager and an Association representative if: 1) The employee has six or more arrivals after the scheduled shift start time/partial shifts of less than one hour in six (6) months. The goal of the meeting is to provide an opportunity for the employee to clarify their actions and to develop a mutual action plan. 2) A second problem-solving meeting will be held if the employee has two additional arrivals after the scheduled start time and/or partial shifts of less than one hour, three months after the date of the last occurrence. Employee counseling, will occur which may lead to disciplinary action. 3) Note that as an outcome of these meetings, an action plan may be developed which changes the discipline threshold for an individual employee in order to accommodate their specific situation. 4) The employee and the Association representative will be provided with applicable attendance data at the time the meeting is scheduled. The manager will request from the Association, a representative, which will be made available for a problem-solving meeting within one week of the request. This time frame may only be extended by mutual agreement. The employee will be provided notice at the time of the meeting request that subsequent occurrences that occur prior to the problem solving meeting may count towards further steps of the process. 333Q. A unit may charge an employee’s PTO accrual and pay an employee for an absence, even though it is an unexcused absence. 84 eligibility requirements of a full-time employee. The number of hours of Extended Sick Time income payable as provided in Section A. shall be directly proportionate to the maximum hours of Extended Sick Time income for which a full-time employee is eligible. SECTION C. ELIGIBILITY FOR EXTENDED SICK TIME PAY 338A. The University reserves the right to request a second medical opinion and abide by that opinion when determining eligibility for Extended SickTime income. The University and the employee will mutually agree upon the physician to perform the evaluation and to abide by the second opinion. An employee, who is asked to see a physician for a second medical opinion, will be informed of their rights to contact the Association. The examination and report will be without cost to the employee. Until the second opinion is received, the employee's physician statement will prevail in determining eligibility for Extended Sick Time income. If the University requests that the employee provide any medical records from the employee's health care provider(s) or from institutions or facilities providing care, the employee may request reimbursement for the cost, if any, of copying the requested records. 338B. Arbitrary failure or refusal to follow accepted medical practice in treating a sickness or injury shall be reason for discontinuing or withholding Extended Sick Time income. 338C. Nothing in this Article requires an employee to disregard the medical care plan of the employee's physician. Eligibility for Extended Sick Time incomes will be determined as provided in Paragraph 338A. 338D. An evaluation for LTD eligibility will be completed before the EST benefit is exhausted. It is understood that not all evaluations can be initiated without some notice from the employee. SECTION D. ELIGIBILITY TO RETURN TO WORK 339. An employee who is off work in accordance with the provisions of this Article shall be returned to active employment by the University either to the employee's former position or to a position consistent with the provisions of Section -J of Article 38 (Leaves of Absence), provided, however, that the notice requirements of Section J. shall not be applicable except that in the case of disability absences where the employee knows that another individual will be working in the absent employee's position, the returning employee will provide as much advance notice of return as possible, including a release from the employee's physician where applicable or required by the University137. 137 See Intent Note for Paragraph 339 85 340. If the employee is released to return to work, but at fewer hours than the appointment fraction because of temporary medical restrictions, the employee shall be paid for actual time worked and shall be eligible to continue to receive Extended Sick Time income for the balance of their appointment hours. In this regard, a physician's verification of restrictions shall be required. In addition, a release from the employee's physician shall be required before an employee can return to their previous appointment hours. 341. Should an employee, who returns to active employment pursuant to this Section, not return to the employee's former unit, that employee shall be given consideration prior to an employee exercising rights under Section C., Article 27 (Transfers: Promotions, Demotions, and Laterals) but after an employee exercising rights under Article 26 (Reduction of the Working Force and Recall Procedures) for regular job openings which become available in the employee's former unit provided the employee requests such consideration by notifying the former unit in writing at the time the employee returns to active employment. SECTION E. DISABILITY ACCOMMODATIONS1 343. University resources will be used to facilitate return to work for employees who are unable to perform the full range of duties of their position due to a work- related or a non-occupational injury or illness. Guidelines and process related to the timely, appropriate placement of such employees have been developed by the Association and the University and are included as Addendum C to this Agreement. The guidelines and process may be evaluated over the life of this Agreement and jointly modified as necessary. 343A. A joint Association and University team of not more than four members will be convened to identify nursing positions and work areas hospital-wide that require minimal orientation that could be used for accommodating employees with disabilities. Positions will be identified for both short and long-term placement, with the expectation that a short-term placement would not exceed six (6) months, would be accompanied by progressive work hardening and would be considered a "bridge" position back to a regular position138. 343B. When placing an employee with a disability, the University will place the employee in a position covered by this Agreement, assuming ability to do the work, prior to any other position139. In the event that the employee cannot be accommodated in a bargaining unit position and has exhausted all paid time, the employee may be placed in a position outside of the bargaining unit that approximates the employee’s appointment fraction, provided the employee possesses the qualifications. Accommodation in a position outside of the bargaining unit will not exceed twelve (12) months. During this time, the employee will maintain bargaining unit membership and will be eligible for PTO accrual and other benefits under the labor Agreement, pro-rated by 138 See Intent Note for Paragraph 343A. See MOU Paragraph 726 139 See Intent Note for Paragraph 343B 86 appointment fraction. Pay will be reflective of the accommodated position. Evaluation for the level of accommodation required will occur every 4 months140. 343C. When a temporary position in the Central Staffing Resource/ACNRP is identified as a placement for an employee needing accommodation, that employee will be considered regular141. 343D. If an open position is determined to be an appropriate placement for an employee with a disability who is awaiting placement, this position need not be posted in accordance with Article 27, but may be filled by an employee with a disability, assuming ability to do the work. When there is more than one such employee, placement decisions will be made on the basis of seniority, qualifications and substantial differences142. 343E. The University will develop and maintain a centralized database of employees needing accommodation. The database will contain codes for staff working in an accommodated role and those needing placement and will be updated per scheduling period. 343E1. When the employee requires a return to work accommodation and cannot be accommodated on the home unit, the employee’s Nursing Director will endeavor to accommodate the employee within another unit under that director’s responsibility. The employee must meet the necessary qualifications and job requirement for any accommodated position. 343F. At the time the University of Michigan Health System Human Resources Department is notified that an employee may no longer qualify for long-term disability (LTD), there will be a joint meeting of the Association and the University to discuss the conditions of return to active employment and options for work trial placement. ARTICLE 31 EMPLOYEE ASSISTANCE 344. The University and the Association agree that timely and effective identification, assistance and/or treatment of employees with mental health and/or chemical dependency can contribute to the employee’s ability to meet employment obligations, maintain standards for nursing practice and provide for the safety of the public. Early identification and assistance may result in successful rehabilitation before employment is in jeopardy. Employees will not be summarily discharged for diverting substances from the Employer. At the 140 See Addendum C 141 See Intent Note for Paragraph 343C 141 See Intent Note for Paragraph 343D 89 SECTION B. 350. The holiday shall be the consecutive twenty-four (24) hour period starting with the employee's starting time on the calendar day on which the holiday is observed, except when one-half (1/2) or more of an employee's work schedule occurs on the calendar day on which the holiday is observed and the balance of the work schedule begins on the preceding day, the twenty-four (24) hour period shall start with the employee's starting time on the calendar day preceding the calendar day on which the holiday is observed. When less than one half (1/2) of an employee's work schedule occurs on the calendar day in which the holiday is observed, even though the employee's starting time starts on the calendar day on which the holiday is observed, the twenty-four (24) hour period shall end at the employee's starting time on the calendar day in which the holiday is observed. The holiday pay and the pay for time worked on the holiday shall be based on the twenty-four (24) hour period set forth above for those employees whose work schedule spans more than the calendar day on which the holiday is observed. 351A. For those employees whose normal schedule of work is a combination of shift lengths holidays observed on the employee's scheduled days off will be divided as equitably as practicable between shift lengths. Holidays observed on the employee's scheduled days of work will be equitably distributed between shift lengths. 351B. During a week in which a holiday falls, employees will be scheduled consistent with their appointment fraction, except during Thanksgiving week, in which one of the two (2) holiday shifts may be included in the employee's appointment fraction145. 351C. With the exception of Thanksgiving week, CRNAs may be scheduled to work their full appointment fraction during holiday weeks. Selection will be made among volunteers in seniority order during the annual holiday request period, based on available hours. The holiday will be prorated based on usual shift length and appointment fraction for weeks in which the full appointment fraction is worked. SECTION C. HOLIDAY OFF AND COUNTED WITHIN APPOINTMENT FRACTION 352. Each employee normally scheduled to work eight (8) or more hours per week (see paragraph 352B) shall suffer no loss in salary, including shift premium if applicable, for the holiday, provided the employee meets the following eligibility requirements: 145 See Intent Notes for Paragraph 351B; see Paragraph 185N, 355 & 368.1.a. 90 The employee works the employee's last scheduled work day prior to and the employee's first scheduled work day following the holiday unless the employee’s work both days is excused because of personal sickness or injury as provided in Article 29, (PAID TIME OFF) or (2) other extraordinary circumstances beyond the control of the employee, which cannot be corrected in time for the employee to meet the individual employment obligation. 352A. For a holiday not included in appointment fraction, which falls on the employee’s scheduled day off, the employee will receive pay for the holiday determined by prorating the holiday according to the employee’s appointment fraction and normal shift length. 352B. The holiday will not be prorated for part-time employees who work on 24/7 and OR/Procedure Units who work their full appointment fraction during a holiday week. 352C. Individuals who work appointment fractions that are counted over two weeks will have their holiday week incentives calculated based on working their appointment fraction over the two weeks. 353. For employees on fixed schedules: In the event a holiday is observed on a full- time employee's scheduled day off, the employee will receive pay equal to their shift length or not less than eight (8) hours for the holiday. Part-time employees will receive holiday pay prorated by the employee’s appointment fraction and normal shift length when the holiday is observed on a part-time employee's scheduled day off. Employees normally scheduled to work less than eight (8) hours per calendar week shall not receive pay for the holiday. 353A For those Operating Room, Post Anesthesia Recovery/Care Units and Procedure Areas where employees are not scheduled to work holidays and holidays are only covered by call, the following applies: Call taken on the holiday proper is considered to be a holiday worked and part of the employee's appointment fraction, not to exceed the normal shift length. Holiday pay in this situation is not prorated for part-time employees except as noted in paragraph 352C. SECTION D. HOLIDAY IS ASSIGNED & WORKED 354. An employee who is assigned and works on the holiday shall receive either: 1) Holiday pay as provided in Section C; or 2) Holiday pay for the actual time worked, whichever amount is the greater. 354A. In addition to this holiday pay, an employee, who is assigned and works on the holiday, will either:146 146 See Intent Notes Paragraph 345A; 354A.2 91 1) Be paid for the time worked at one and one half (1-1/2) times the employee's hourly rate and shift premium, if applicable, except Christmas Day, for which the employee will receive two times the employee’s hourly rate and shift premium, if applicable; or 2) Receive time off equivalent to the time worked without loss of pay, on another day mutually agreeable to the employee's supervisor. To the extent that time worked is paid pursuant to this Section, it shall not be paid under Article 15 (Overtime) for the same time worked147. SECTION E. PRESCHEDULE & WORK FULL APPOINTMENT FRACTION WITH HOLIDAY OFF 355. Employees who are off on the holiday, but who request to be scheduled their full appointment fraction prior to schedule development and who work their full appointment fraction during a holiday week, may choose either: 1) Payment for the holiday at straight time, or 2) An equal number of hours added to their PTO bank at time and one half (1-1/2) (see Intent Note for Paragraph 355), and 3) The employee will be exempt from assigned overtime for the designated extra shift, to be determined based upon unit need and discussion between the employee and the manager. 355A. Paragraph deleted 355B. Paragraph deleted 355C. Part-time employees who are off on the holiday and who request to be scheduled for hours above their appointment fraction prior to schedule development will receive time and one-half (1-1/2) pay for those over appointment hours worked during the holiday week148. 355D. During schedule development, if an employee who was scheduled to work the holiday and who volunteers or is assigned to take an additional holiday off, and is scheduled to work their full appointment fraction during the holiday week, the employee may choose either: 1) Payment for the holiday at straight time according to the hours of the usual shift length, or; 2) An equal number of hours added to their PTO bank at straight time, provided the full appointment fraction is worked149. SECTION F. 147 See Intent Notes Paragraph 354A; 354a.2 148 See Intent Notes Paragraph 355A 149 See paragraph 368; See Intent Notes Paragraph 355A