Eden Medical Center - Seiu-uhw

United Healthcare
Workers - West
Service Employees International Union
CTW, CLC
560 Thomas L. Berkley Way
Oakland, CA 94612
510-251-1520 * 800-585-4250
www.seiu-uhw.org
Quality Healthcare for All
Collective Bargaining Agreement with
Eden Medical Center
December 20, 2009 - December 19, 2012

WEINGARTEN RULES/STATEMENT
“I request to have a Union Representative present on my behalf
during the meeting because I believe it may lead to disciplinary
action being taken against me. If I am denied my right to have a
Union Representative present, I will refuse to answer accusatory
questions and any I believe may lead to discipline.”
RULE 1: The employee must make a clear request for Union
representation before or during the interview. The employee
cannot be punished for making this request.
RULE 2: After the employee makes the request, the employer
must choose from among three options:
- Grant the request and delay questioning until Union
representation arrives and has a chance to consult privately with
the employee
- Deny the request and end the interview immediately
- Give the employee a choice of having the interview without
representation or ending the interview.
RULE 3: If the employer denies the request for Union
representation and continues to ask questions, the employer
commits an unfair labor practice and the employee has the right to
refuse to answer. The employer may not discipline the employee
for such refusal.

Standing Strong
and
Winning
Our
Contract

Foreword
Dear SEIU United Healthcare Workers - West Member,
This Agreement is the result of many long, hard hours of collective bargaining
between your employer and negotiating committee members from your facility.
Our success at the bargaining table is directly related to the degree of strength,
commitment, and unity achieved among our members. Our rights, our benefits,
and our working conditions must never be taken for granted; we have had to
fight for everything that we have achieved. We must work to ensure that this
contract is enforced each and every day!
Union members should feel free to contact their shop steward at any time
concerning any matter within the scope of this contract or any other work-related
problems. Stewards are the key to building a strong, democratic labor union.
They are the “Union on the Job.”
In addition, the Union's professional staff is available to help meet the needs of
our members and stewards in addressing work-site problems and concerns.
Working in health care is a very difficult and demanding job. The quality of care
that you provide, as well as your concern and dedication to your patients, make
you very special people. Your Union, United Healthcare Workers - West, is one
of the largest healthcare unions in the United States and the largest healthcare
union in California with over 150,000 members.
Union staff can be contacted at the office of United Health Care Workers - West
listed on the cover of this contract. UHW West headquarters is located at 560
Thomas L. Berkley Way (formerly 20 th Street), Oakland, California, 94612. The
telephone numbers are (510) 251-1250 or (800) 585-4250.
In Unity,
Dave Regan
Trustee
Eliseo Medina
Trustee

TABLE OF CONTENTS
WITNESSETH: .....................................................................................................1
PREAMBLE .....................................................................................................1
SECTION 1. AGREED OBJECTIVES..................................................1
SECTION 2. RECOGNITION.................................................................1
SECTION 3. NOTICE OF VACANCIES...........................................2
SECTION 4. HIRING AND PROBATIONARY PERIOD........2
SECTION 5. NO DISCRIMINATION ................................................3
SECTION 6. UNION MEMBERSHIP/AGENCY SHOP..........3
SECTION 7. UNION LEAVE .................................................................5
SECTION 8. UNION DUES AND COPE DEDUCTIONS ......6
SECTION 9. ORGANIZING AND ELECTION
PROCEDURES ...................................................................6
SECTION 10. DISCIPLINE AND DISCHARGE.......................... 17
SECTION 11. WAGES................................................................................ 19
SECTION 12. BILINGUAL SERVICES ............................................. 24
SECTION 13. HOURS OF WORK ....................................................... 24
SECTION 14. MINIMUM HOURS ..................................................... 28
SECTION 15. SUBCONTRACTING................................................... 28
SECTION 16. REPLACEMENT OF CALL-OFFS ........................ 29
SECTION 17. MANDATORY OVERTIME..................................... 29
SECTION 18. MEALS AND UNIFORMS........................................ 29
SECTION 19. REGULAR PART-TIME, SHORT-HOUR AND
PER DIEM EMPLOYEES ........................................... 30
SECTION 20. PAID TIME OFF (PTO)............................................... 34
SECTION 21. EXTENDED SICK LEAVE (ESL) ........................... 37
SECTION 22. BEREAVEMENT LEAVE .......................................... 38
SECTION 23. JURY DUTY ...................................................................... 39
SECTION 24. HOLIDAYS........................................................................ 39
SECTION 25. FORTY YEAR ANNIVERSARY BONUS .......... 40
SECTION 26. LEAVES OF ABSENCE .............................................. 40
SECTION 27. HEALTH PROGRAM.................................................. 42
SECTION 28. GROUP INSURANCE................................................. 44
SECTION 29. DISABILITY INSURANCE....................................... 44
SECTION 30. UNEMPLOYMENT COMPENSATION AND
DISABILITY ...................................................................... 44
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SECTION 31. RETIREMENT.................................................................. 45
SECTION 32. SENIORITY ....................................................................... 47
SECTION 33. POSTING OF POSITIONS, TRANSFER, AND
CROSS TRAINING ....................................................... 54
SECTION 34. NURSING ACUITY COMMITTEE ...................... 57
SECTION 35. HEALTH AND SAFETY............................................ 57
SECTION 36. ENVIRONMENT OF CARE SAFETY
COMMITTEE ................................................................... 57
SECTION 37. STAFFING COMMITTEE.......................................... 58
SECTION 38. VACCINE........................................................................... 62
SECTION 39. EDUCATIONAL LEAVE .......................................... 62
SECTION 40. IN-SERVICE PROGRAMS ........................................ 63
SECTION 41. STUDENTS AND TRAINEES................................. 64
SECTION 42. BULLETIN BOARD...................................................... 64
SECTION 43. SEVERANCE PAY ........................................................ 64
SECTION 44. MERGER, SALE OR CLOSURE............................. 65
SECTION 45. UNION REPRESENTATIVE ................................... 66
SECTION 46. GRIEVANCE PROCEDURE AND
ARBITRATION ............................................................... 68
SECTION 47. WORK REDESIGN ....................................................... 69
SECTION 48. CAREER OPPORTUNITIES..................................... 70
SECTION 49. STANDARDS PRESERVED ..................................... 72
SECTION 50. NO STRIKE OR LOCKOUT ..................................... 72
SECTION 51. TERM OF AGREEMENT........................................... 73
APPENDIX A: WAGE SCALES:
Clerical Unit 12/20/09 thru 12/19/10 ..................... 77
APPENDIX B: WAGE SCALES:
Clerical Unit 12/20/10 thru 12/19/11 ..................... 79
APPENDIX C: WAGE SCALES:
Clerical Unit 12/20/11 thru 12/19/12 ..................... 81
APPENDIX D: WAGE SCALES:
Service and Technical Unit
12/20/09 thru 12/19/10 ...................................... 83
APPENDIX E: WAGE SCALES:
Service and Technical Unit
12/20/10 thru 12/19/11 ...................................... 84
APPENDIX F: WAGE SCALES:
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Service and Technical Unit
12/20/11 thru 12/19/12 ...................................... 85
APPENDIX G: WAGE SCALES:
LVNs ................................................................................... 86
APPENDIX H: Resolution of EVS Issues...................................................... 87
APPENDIX I: Mail Clerk (Trainee).............................................................. 88
APPENDIX J: LVN Positions........................................................................ 89
APPENDIX K:
Implementation of Health Information Management
(Medical Records) Electronic Medical Records ................ 90
APPENDIX L: LAYOFF - LAUREL GROVE ........................................... 91
APPENDIX M: LAUREL GROVE CLOSURE ......................................... 93
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THIS AGREEMENT is made and entered into this 20 h day of December,
2009, by and between EDEN MEDICAL CENTER, hereinafter called the
“Employer", and the United Healthcare Workers-West, SEIU, hereinafter
called "the Union".
WITNESSETH:
PREAMBLE
0.1 Both parties recognize that it is to their mutual advantage and for the
protection of the patients to have efficient and uninterrupted
operation of the Medical Center. This Agreement is for the purpose of
establishing such harmonious and constructive relationships between
the parties that such results will be possible.
0.2 It is mutually agreed that it is the duty and right of the chief
executive officer to manage the Medical Center and to direct the
working forces. This includes the right to hire, transfer, promote,
reclassify, lay-off and discharge employees, subject only to the
conditions herein set forth.
SECTION 1.
AGREED OBJECTIVES
1.1 The Union agrees with the objectives of achieving the highest level of
employee performance and production consistent with safety, good
health and sustained effort, and the Union and the Medical Center
will use their best efforts to effectuate this objective.
1.2 The Medical Center and the Union agree that all employees and
managers and their representatives will treat each other, regardless of
position or profession, with dignity, respect, courtesy and trust. The
foregoing principles shall also apply in providing service to patients
and visitors.
SECTION 2.
RECOGNITION
2.1 The Medical Center recognizes the Union as exclusive bargaining
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agent for employees covered by this Agreement whose classifications
are listed in Appendices A-G. This single agreement covers both the
Service & Technical unit, and the Clerical unit. However each
bargaining unit (Clerical and Service Technical) shall remain
separate. Excluded from the bargaining unit are stationary engineers,
professional employees, guards and supervisors, and such other
classifications as may have been historically excluded from the unit.
SECTION 3.
NOTICE OF VACANCIES
3.1 The Union shall be notified of vacancies in departments under its
jurisdiction for the purpose of referring Union applicants to the
Employer who may or may not be members of the Union.
3.2 When on-call positions are available, an announcement will be placed
on the personnel services' bulletin board until the positions are filled.
3.3 Details of postings are available by accessing position by requisition
number in the edenmedcenter.org website under “Careers”. All
bargaining unit positions shall be posted in a conspicuous area in the
hospital for a minimum of five (5) days prior to filling.
SECTION 4.
HIRING AND PROBATIONARY
PERIOD
4.1 The Medical Center may hire employees from any source. Any
person may be employed who, in the judgment of the Medical
Center, will make the best employee, and the Medical Center shall be
sole judge of the fitness of any applicant for the job.
4.2 A probationary period shall be established for new employees as
follows:
Ninety (90) days from date of first hiring for regular employees.
Two hundred and sixty (260) hours of work from date of first hiring
or ninety (90) calendar days from date of first hiring, whichever
occurs later, for short hour and Per Diem employees.
During such probationary period, the employee may be discharged
2

for any reason which, in the opinion of the Medical Center, is just and
sufficient, and, except where it is alleged that the Medical Center has
violated the provisions of Section 5, No Discrimination, there shall be
no recourse to the provisions of Section 46, Grievance Procedure and
Arbitration.
SECTION 5.
NO DISCRIMINATION
5.1 Neither the Union nor the Medical Center shall discriminate with
respect to employment by reason of Union activity, race, color, creed
or national origin, nor to the extent required of the Medical Center by
state or federal law, by reason of sex, age, sexual orientation, or on
the basis of disability.
SECTION 6.
UNION MEMBERSHIP/AGENCY
SHOP
6.1 During the term of this Agreement, employees shall be required, as a
condition of employment, to do one of the following:
1) Employees who are members of the Union on the effective date
of this Agreement shall maintain such membership in good
standing.
2) New employees hired subsequently shall, not later than the
thirty-first (31st) day following the commencement of their
employment, become and remain members of the Union in
good standing. (Membership in good standing is defined to
mean the tender of periodic dues and initiation fees uniformly
required by the Union as a condition of acquiring or retaining
membership).
3) As an alternative to (1) or (2) above, an employee may elect not
to become a member of the Union, in which case the employee
shall pay the Union a service fee in an amount equal to the
standard initiation fee, periodic dues, and general assessments
of such organization. However, any employee who is a member
of a bona fide religion, body, or sect which has historically held
3

conscientious objections to joining or financially supporting
public employee organizations shall not be required to join or
financially support the Union as a condition of employment.
Such employee may be required, in lieu of periodic dues,
initiation fees, or agency shop fees to pay sums equal to such
dues, initiation fees, or agency shop fees, to a nonreligious, nonlabor
charitable fund exempt from taxation under Section
501(c)(3) of the Internal Revenue Code, chosen by such
employee from a list of at least three (3) such funds, designated
in a memorandum of understanding between the Medical
Center and the Union, or if the memorandum of understanding
fails to designate such funds, then to any such fund chosen by
the employee. Proof of such payments shall be made on a
monthly basis to the Medical Center as a condition of continued
exemption from the requirement of financial support to the
Union.
6.2 The Medical Center shall continue to advise the Union, on a monthly
basis, of the names of employees who have been terminated, and on a
quarterly basis, of the names of new regular full-time, regular parttime,
short hour and Per Diem (formerly “On-Call”) employees who
have completed the probationary period.
6.3 The function of shop stewards in distributing Union informational
packets to new employees is recognized, provided however that such
function does not interfere with the work of the employees or
stewards.
6.4 The Medical Center will provide the Union with one (1) hour of new
employee orientation time on the Medical Center premises under the
following conditions:
1) The Union orientation shall reflect the highest professional
standard.
2) The Union orientation is for new employees in the Union
bargaining unit and is entirely voluntary on the part of the new
employees invited to attend.
4

3) The Union orientation will be listed on the new employee
orientation agenda whenever new Union bargaining unit
employees are among the new employees in the Medical
Center's new employee orientation.
4) Unless otherwise agreed upon by the Medical Center and the
Union, orientation will take place on the same day and in the
same room or adjacent room as the Medical Center's new
employee orientation.
5) Unless otherwise agreed upon by the Medical Center and the
Union, orientation will commence no later than 4:00 P.M.
6) A copy of the Union orientation materials must be provided to
the Medical Center.
7) The Medical Center will provide prior notice to the Union of
the dates of the Medical Center's new employee orientation.
SECTION 7.
UNION LEAVE
7.1 The Medical Center will provide up to two Union members at a time
up to one year of leave from work to perform work for the Union. For
leaves of three months or less, the employee shall have the right to
return to the same position he/she occupied prior to the leave. For
leaves of more than three months, the employee may use seniority to
bid on any vacancy, or if there is no suitable vacancy, may return to
work on-call until a suitable position becomes available.
Patient care needs permitting, upon a minimum of four (4) weeks
notice from the Union, up to two (2) employees at a time will be
granted an unpaid leave of two (2) weeks from work for the purposes
of engaging in Union business, including but not limited to Union
Conventions, meetings, conferences and other activities. The Union
will attempt to give longer notice whenever possible. The employee
shall not suffer any loss of seniority or other benefits as a result of
such leave.
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SECTION 8.
UNION DUES AND COPE
DEDUCTIONS
8.1 During the term of this Agreement, the Medical Center will honor
written assignments of wages to the Union for payment of Union
membership fees and dues, or service fees, provided such
assignments are voluntarily entered into by employees.
8.2 The Medical Center will promptly remit the monies deducted
pursuant to such assignments, with a written statement of the names
of employees for whom deductions were made. Notwithstanding the
foregoing, the Union authorizes the Hospital to withhold five percent
(5%) of said monies deducted in accordance with such assignments
as part payment for the administrative and payroll cost incurred by
the Hospital in processing such assignments.
8.3 Normally the deduction of such assigned wages will be made on the
first pay period of each month for the then current Union
membership fees or service fees. However, the Union and the
Medical Center may make other arrangements by mutual consent.
8.4 The Medical Center will honor written assignment of wages to the
Union's Committee on Political Education (COPE) fund, when such
assignments are submitted on the form agreed to by the Medical
Center and the Union, and will remit such contributions to the Union
at the same time as monthly membership fees.
8.5 The Union will hold harmless the Medical Center against any claim
or obligation which may be made by any person by reason of the
deduction of Union membership fees, service fees or contributions to
the Union's Committee on Political Education, including the cost of
defending against any such claim or obligation. The Union will have
no monetary claim against the Medical Center by reason of failure to
perform under this Section.
SECTION 9.
ORGANIZING AND ELECTION
PROCEDURES
9.1 Principles. The Union and the Medical Center hereby agree to the
6

following principles:
1) Workers have the right to choose for themselves whether or not
to be represented by a labor organization, as provided by the
National Labor Relations Act.
2) Employees, the Union and the Medical Center have a right to
free speech, as guaranteed by the First Amendment to the
United States Constitution, the California Constitution, and the
National Labor Relations Act.
3) Employees have a right to be fully informed when making such
an important decision as whether to be represented by a labor
organization.
4) Employees have a right to make their choice regarding union
representation in an environment free from coercion,
intimidation, promises, and threats.
9.2 As a result, the Medical Center and the Union agree that employees
of the Medical Center presently not represented by a labor union may
become represented through the following procedures. The parties
agree that this article shall not apply to the San Leandro campus.
9.3 NLRB Procedures. The parties shall comply with the National Labor
Relations Board's organizing and election rules and procedures,
except as modified herein.
9.4 Appropriate Bargaining Unit. The parties agree that an appropriate
bargaining unit is that which is defined by the NLRB for acute care
Medical Centers, or other appropriate unit. Appropriate units are the
following where applicable:
1) Service
2) Technical
3) Professional
4) Business Office Clerical
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5) Skilled Maintenance
6) Residual Service
7) Residual Technical
9.5 Notification of Intent to Organize
1) The Union shall promptly notify within twenty-four (24) hours the
Medical Center of its intent to organize a group of employees and
identify an appropriate unit, as defined above.
2) Within seven (7) days of the Union's notification to the Medical
Center of its intent to organize an appropriate unit, the Medical
Center will distribute a jointly signed reproduction of this
Organizing and Election Procedures Agreement to the employees
included within the appropriate bargaining unit identified by the
Union. The jointly signed reproduction of this Organizing and
Election Procedures Agreement shall be introduced by the
following jointly signed cover letter:
Dear Eden Medical Center Employee:
Eden Medical Center and the Service Employees International
Union have agreed to the attached framework for conducting a
union representation election. This framework serves as an
enforceable set of rules that will allow employees to make a
choice through a secret ballot election about unionization in an
atmosphere free from coercion and intimidation and one in
which employees can choose for themselves whether they wish
to be represented by a union.
All employees have the right to participate or not participate in
union activities. Employee actions in support of or opposed to
union organizing will be governed uniformly to the Medical
Center's policies. Employees have the right to wear prescreened
buttons and lanyards that indicate support or nonsupport
of the Union. Employees also have the right to
distribute literature concerning support or nonsupport for
8

9.6 NLRB Election
union organization in non-patient care areas such as break
rooms, cafeterias, parking lots, smoking areas and other areas
outside the Medical Center, so long as distribution does not
disrupt the delivery of patient care. Employees may talk about
the Union and work site issues including wage rates,
disciplinary system company policies and rules and working
conditions under the same terms applicable to any other
employee conversations.
1) When employees in an NLRB defined bargaining unit have
petitioned or signed cards for an election the parties shall agree
to a consent election to be conducted by the NLRB in thirty-five
(35) calendar days following the submission of the petition
provided that there is a percentage of union authorization cards
required by the NLRB from employees in an appropriate unit.
The Medical Center and the Union shall mutually agree to the
election date(s) and time(s). The parties will make a good faith
effort to resolve differences regarding date(s) and time(s) of the
election, but if an agreement cannot be reached the Arbitrator
shall be empowered to decide any disputes over the date(s) or
time(s) of the election.
2) The NLRB will conduct the election and count the ballots. Any
challenged ballots, challenges or objections to the election must
be filed pursuant to paragraph 9.6.6 of this Agreement, and all
parties acknowledge and submit to the arbitrator's exclusive
authority to rule on such objections and any determinative
challenges and the parties waive their rights to have the NLRB
resolve any objections or determinative challenges. The parties
will take all necessary steps to effectuate the arbitration process
and the arbitrator's decision regarding objections and/or
determinative challenges.
3) Eligibility. All employees who are employed on a full-time,
regular part-time, short-hour, or Per Diem (formerly “On-Call”)
basis in the petitioned for unit, who are on the active payroll as
of the date immediately preceding the date of filing of the
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consent agreement and who are still on the payroll at the time
of the voting shall be eligible to vote in the election, except
managers, supervisors, confidential employees and guards. Per
Diems shall be deemed eligible to vote provided that they have
worked an average of four (4) hours per week in the thirteen
(13) week period (that is, 52 or more hours), ending with the
last complete pay period, preceding the Union's filing for
election.
4) Voting. Employees shall vote on non-work time, but may vote
while on break or during their meal periods. Neither the Union
nor the Medical Center shall provide any financial inducements
to vote. The voting shall take place at an appropriate
location(s), determined by mutual agreement, or by the
Arbitrator if the parties cannot agree. The parties shall each be
entitled to an equal number of observers at the election site(s).
The observers must be non-supervisory employees.
5) Ballot Counting. The NLRB shall count the ballots immediately
following the conclusion of the voting. Both parties, including
interested off-duty employees, may attend the counting of the
ballots. Upon NLRB certification of the election results, the
Medical Center agrees to recognize the Union as the collective
bargaining agent on behalf of the employees in an appropriate
unit where the majority of employees voting, have voted for
union representation.
6) Resolution of Challenged Ballots. If challenged ballots are
potentially determinative of the results of any election, the
Arbitrator shall resolve challenges to the eligibility of voters.
The Arbitrator shall have discretion to establish procedures for
the resolution of such challenges, which may include
submission of evidence by the Parties. Upon request of either
party, the Arbitrator will hold a hearing, including submission
of evidence. In all cases, however, the Arbitrator shall resolve
challenges within fourteen (14) days of the election. The
Arbitrator's determination under this Agreement shall be
binding on both parties. The parties shall jointly share the cost
10

of the Arbitrator.
7) Resolution of Election Objections. If a party wished to file
objections to the election based on allegation of violation of the
Agreement, either party must file such objections in writing
with the Arbitrator within three (3) business days of the
elections as well as filing objections with the NLRB pursuant to
NLRB timelines and procedure. Pursuant to paragraph 9.6.6
and 9.6.2, the Arbitrator shall resolve these objections within
fourteen (14) days of his/her receipt of them. In the case of
filing such objections, both parties will request that the NLRB
hold the objections in abeyance pending the decision of the
Arbitrator and take any additional steps necessary to effectuate
the Arbitration process and the Arbitrator's decision.
8) Hiatus After Election. If employees choose not to be
represented by the Union through an election, the Union may
re-institute this process for that bargaining unit after a one-year
waiting period, unless otherwise ordered by the Arbitrator. The
Union further agrees that no more than two (2) election dates
per year may be held under this Agreement, such years to be
calculated from the ratification date of the collective bargaining
agreement and subsequent anniversary dates.
9.7 Employee List. Within five (5) working days after the Union has
notified the Employer of its intent to organize, the Medical Center
will provide to the' Union an initial list of employees that contains
the employee's name, job title/department and job classification as
provided by the employee. The list shall be provided in both hard
copy and electronic format. (A working day is defined for this
purpose as Monday through Friday.) Upon the filing of the consent
agreement, the Medical Center shall provide the Union with a voter
eligibility list. The voter eligibility list shall include the employee's
name, job title/department, job classification and home address as
provided by the employee. The list shall be provided in both hard
copy and electronic format. Upon filing of the consent election, the
parties shall immediately attempt to resolve any disagreement over
the job classifications or individuals that should be included on the
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voter eligibility list or excluded from such list. Any other remaining
disputes shall be submitted to the Arbitrator prior to the election. If
the Arbitrator is unable to reach a decision prior to the election, any
other remaining dispute regarding voter eligibility shall be resolved
by voting, subject to challenged ballot.
9.8 Code of Conduct
1) The parties agree that the question of whether employees
should be represented by a union is one which the employees
should answer for themselves.
2) Content of Communications
a) Neither the Medical Center nor the Union shall act in an
intimidating, threatening, or coercive manner. The parties
agree to convey their views about unionization in a
factual, non-coercive and non-intimidating manner,
wherever and however that information is conveyed.
Neither the Union nor the Medical Center will mislead
employees.
b) The Union and the Medical Center shall campaign in a
positive and non-disruptive manner, including but not
limited to disrupting patient care or the work day of the
employees. The Medical Center will not hold mandatory
employee meetings to discuss unionization. The parties
agree not to make personal attacks on Medical Center
leaders or union officials.
c) The Medical Center and the Union agree that they and
their representatives will not make statements, written or
verbal, that misstate the facts.
d) Both the Medical Center and the Union shall convey their
views about unionization in statements or
communications that are factually verifiable or that draw
directly from statements made by the other party,
consistent with this Agreement.
e) For the purposes of this paragraph 9.8 the parties agree
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that the employees in the bargaining unit voting under
this Agreement shall not be considered agents of either
party absent proof of agency in connection to the specific
conduct at issue.
f) The Employer will not inform or imply to eligible voters
that they will lose benefits, wages, or be subject to less
favorable working conditions by unionizing.
3) Use of Consultants. The Medical Center will not use
management consulting firm personnel during Union
organizing campaigns to interact directly with members of the
potential bargaining unit to influence an employee's vote. As
provided by law, the Medical Center shall not provide
assistance to any individual or group who may wish to pursue
an anti-union campaign. Any use of consultants shall not
conflict with the terms of the Agreement.
4) Meetings Between Supervisors and Employees. The Medical
Center's supervisors shall not initiate one-on-one meetings with
employees regarding unionization. This shall not preclude a
supervisor from responding to an employee's questions about
unionization, provided such response is consistent with the
terms of this agreement. While this Code of Conduct governs
communication regarding unionization, it does not restrict
other communication between supervisors and employees.
5) No Mandatory Meetings. As provided above, the Medical
Center will not hold mandatory employee meetings regarding
unionization. At mandatory employee meetings that do occur,
however, the Medical Center may announce the time, date and
place of elections. Other questions regarding unionization will
be referred to a returning meeting.
6) Status Quo Obligations. After the Union has filed its NLRB
petition, the Medical Center will maintain the status quo in
working conditions as provided by law and will only make
verifiable, prescheduled changes.
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7) Pre-Screening of Written Communications. The Union and the
Medical Center shall pre-screen with each other all written
literature distributed or posted regarding unionization.
Accordingly, before either party uses any new piece of
literature, it must first be submitted to the parties' designated
representative for review. If the representatives are unable to
resolve their differences, either party may fax the matter to the
Arbitrator before the end of the second business day for the
Arbitrator's review and immediate response. During the prescreening
of written communications, the Arbitrator's
determination shall be limited to whether the statements in the
communication are factual and consistent with the Code of
Conduct. This process is intended to be completed within 48
hours from beginning to end. No level of the process may delay
its movement to the next level. Until the dispute is resolved,
contested literature shall not be distributed in any manner.
8) Objections to Communications. If the Medical Center or the
union believes a factual error has been orally conveyed by the
other party, either party may post or distribute a written
correction of the factual error in the memo or letter format
referred to above. Such a correction shall be prescreened in the
matter set forth above and shall be prescreened under the
protocol set forth above.
9) Eden Medical Center Position on Unionization. The Medical
Center and its managers and supervisors may offer opinions on
unionization. Such opinions shall be generally consistent with
or drawn from the following statement: The Medical Center has
historically had a constructive and mutually supportive
relationship with its employees. The Medical Center
consistently strives to act in the best interests of its employees.
The Medical Center prefers to have a direct relationship
between employer and employees and therefore prefers that
employees vote to maintain a direct relationship with the
Medical Center. The Medical Center is also committed to the
principle that employees must be fully informed by the Medical
14

Center and union about the advantages and disadvantages of a
direct employer/ employee relationship and representation by
a union. The Medical Center is also committed to the principle
that employees must be free to choose whether or not to join a
union in a secret ballot election conducted by the National
Labor Relations Board. Both the Medical Center and Union
must be free to inform the employees about their position.
Information presented by the Medical Center and the Union to
employees about unions will be accurate and factual and will
be presented to employees for the purpose of encouraging full
discourse and reflection.
10) Good Faith Participation. Both the Union and the Medical
Center will use the NLRB's procedure in good faith and neither
shall use such procedures for the purpose of delay in order to
impede representation.
9.9 Access. In a facility in which the Union already represents employees
of the Medical Center, access shall be the same as the access
provisions set forth in the collective bargaining agreement. In a
facility where the Union does not currently have representational
rights, the Union shall be permitted to speak to employees in nonwork
areas - such as the cafeteria, smoking areas, parking lots,
waiting areas, and break rooms. Union organizers shall respect the
request of any employee who does not wish to engage in a discussion
or accept literature. The Union also agrees not to disrupt the work of
employees.
9.10 Conference Rooms. The Union may reserve a facility conference
room, subject to reasonable availability, criteria and established
Medical Center procedure for the purpose of meeting with
employees eligible to vote under this Agreement. Attendance shall be
limited to union employees, union member organizers, and eligible
voters. If a conference room is not available during the desired time
period, Eden Medical Center will make every reasonable effort to
find an alternative space. To the extent feasible, this room shall not be
located near supervisory or management offices.
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9.11 Resolution of Disputes
a) Rapid Response Team. The Medical Center and the Union shall
establish a Rapid Response Team to monitor compliance with
this procedure and disputes regarding these procedures and to
attempt to resolve promptly disputes regarding recognition
and organizing issues. The Medical Center and the Union shall
each designate a top-level representative to discuss complaints
about violations of the Agreement. If one party believes that the
other party has violated these standards, the affected party
should contact the other party's representative by phone or fax.
The parties should have a direct conversation within forty-eight
(48) hours to try to resolve the issue. When the parties agree
that a violation has occurred, and it is possible to correct the
problem, the party responsible for the violation will make a
good faith effort to correct the problem immediately.
Unresolved matters involving alleged violations of this
Agreement may be referred to the Arbitrator pursuant to
paragraph 9.11 (b) of this Agreement, and the Arbitrator shall
issue a decision within 48 hours of the submission of the
dispute.
b) Arbitration. Any unresolved dispute about compliance with or
construction of this article shall be submitted for final and
binding resolution to the arbitrator who has been selected for
deciding disputes under this Article. The Arbitrator shall be
mutually selected by the parties within thirty (30) days of the
execution of this Agreement. If the parties cannot mutually
agree on the selection of the Arbitrator at the end of the thirty
(30) day period, the parties shall select a third party from a
panel of seven (7) arbitrators from a list submitted by the
American Arbitration Association. The parties will alternate
striking, with the party first striking determined by lot. In the
event he or she is unavailable, the parties will select a substitute
by mutual agreement or through the American Arbitration
Association. The Arbitrator shall have the discretion to
establish procedures for the resolution of such disputes that
may include submission of evidence by the parties, and is
16

authorized to develop and order remedies that will ensure
compliance with this Agreement. All such disputes shall be
resolved within fourteen (14) days of the submission of the
issue, unless the issue concerns an alleged violation pertaining
to conduct raised before the election, in which case, the
Arbitrator shall rule within twenty-four (24) hours of the issue's
submission to him/her. The parties waive any and all rights
they might otherwise have to appeal or in any way contest the
decision of the Arbitrator. If any party fails to comply with the
decision of the Arbitrator, it hereby consents to enforcement of
this Agreement and any decision of the Arbitrator in any court
of competent jurisdiction and waives any defenses it might
have to such enforcement. The parties agree not to file petitions
(except as specified in this Agreement) or charges with the
National Labor Relations Board, which may be handled under
this Agreement.
SECTION 10.
DISCIPLINE AND DISCHARGE
A. Just Cause: No employee shall be disciplined or discharged without
cause. Any Employee who is discharged shall be informed in writing
at the time of the discharge of the reason(s) for the discharge.
B. Request for Representation: In connection with investigatory
interviews or meetings which may result in discipline, an employee
upon his or her request shall be entitled to have a Union
Representative and/or Shop Steward present.
C. Notice of Meeting Content: Prior to a meeting which is investigatory
or might lead to discipline, a supervisor or manager must reveal the
nature of the interview and that it is investigatory or may lead to
discipline. If at any point during a meeting with a manager or
supervisor, it becomes apparent to the employee that the "interview"
has become disciplinary in nature or may lead to discipline, he/she
has the right to request a union representative and the interview
must cease for a reasonable period so that the employee can contact a
union representative to assist him/her in the interview.
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D. Progressive Discipline: It is the Employer's intent normally to make
use of progressive discipline in accordance with the established
practices and policy.
E. Furnishing of Documentation: In the event the Employer disciplines
or discharges an Employee, the Employer will, at the request of the
Employee and/or Union, furnish copies of necessary and/or relevant
documents used by the Employer as a basis for the disciplinary
action as well as a list of any witnesses to the events in question.
F. Right to Respond: Employees shall have the right to respond in
writing to any written discipline notices and documentation of
Employee's counseling sessions, and shall have that response
attached to the relevant material.
G. Expiration of Discipline: Written disciplinary notices and
documentation of Employee counseling sessions shall be invalid after
a period of twelve (12) months from the date of issuance except when
there are other materials of the same or related nature. It is
understood that while the Employer may retain expired documents
to satisfy legal and regulatory requirements, such documents will not
be used to justify further discipline.
H. Notice of Written Warnings: In the event the Medical Center gives
an employee a written reprimand for misconduct a copy of the
reprimand will be mailed to the Union. Employees are entitled to
receive a copy of any Notice of Written Warning and supporting
documentation that is placed in their personnel files and are required
to sign and date a copy of the written warning to indicate receipt.
I. Notice of Suspension or Discharge: Copies of notices of unpaid
suspensions or discharge shall be mailed to the Union within
seventy-two (72) hours of issuance, Saturday, Sundays, and the legal
holidays excepted. Failure to comply with this section shall extend
the corresponding grievance timelines and shall not prejudice the
merits of the grievance.
J. Loss of Tenure Advancement: If, in the opinion of the Union, an
employee has been unjustifiably discharged, or has been discharged
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or laid off to avoid tenure advancement, or because of Union activity,
such discharge or layoff shall be subject to the grievance procedure as
provided below.
K. Reasonable Rules: The Medical Center may draft such reasonable
house rules as may be deemed necessary for governing the conduct
of employees in matters affecting fire protection, safety of Medical
Center property, sanitation, care of the sick, etc. Such rules when
drafted shall be forwarded by mail, return receipt requested, to the
Union before being posted.
SECTION 11.
WAGES
Effective December 20, 2009: 3.0% across-the-board wage increase
Effective the 1 st full pay period one (1) year following date of
ratification: 3.0% across-the-board wage increase
Effective the 1 st full pay period two (2) years following date of
ratification: 3.0% across-the-board wage increase
11.1 Minimum hourly rates of pay for Clerical Unit employees shall be as
set forth in the Appendices attached to this Agreement for the
following periods:
Appendix A - December 20, 2009 through December 19, 2010
Appendix B - December 20, 2010 through December 19, 2011
Appendix C - December 20, 2011 through December 19, 2012
11.2 Minimum hourly rates of pay for Service and Technical Unit
employees shall be as set forth in the Appendices attached to this
Agreement for the following periods:
Appendix D - December 20, 2009 through December 19, 2010
Appendix E - December 20, 2010 through December 19, 2011
Appendix F - December 20, 2011 through December 19, 2012
11.3 Senior LVN. A senior LVN is defined as one who is specifically and
regularly assigned by the Medical Center to direct the work of other
employees in a designated work area.
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An employee temporarily assigned to this classification shall receive
an additional three dollars and seventy-five cents ($3.75) per shift
above the rate for LVN.
11.4 LVN IV Therapy. All LVNs who are or who become certified in I.V.
Therapy shall be paid ninety cents ($0.90) an hour, in addition to
their straight-time hourly rate.
11.5 Stand-By. LVNs, Nursing Assistants, Licensed Psychiatric
Technicians and Surgical Technologists who are on stand-by,
(referred to in prior Agreements as on call) shall be paid at the rate of
one-half (½) the straight- time rate when on scheduled stand-by. If
called to work when on stand-by, such employee shall be
compensated at one and one-half (1½) times the straight-time rate, in
cash or compensatory time off, for all time worked when on stand-by
if such work is in excess of a normal eight (8) hour shift in any one (1)
day, or in excess of a normal forty (40) hour week in any one (1)
workweek. Pay for hours worked when on stand-by shall include the
appropriate shift differential for those hours worked in the evening
or the night shift as defined in paragraph 11.11. The employee will
have the option of receiving cash or compensatory time off. If he/she
elects compensatory time, it shall be a time mutually agreeable to the
employee and the Medical Center. LVNs, Nursing Assistants,
Licensed Psychiatric Technicians and Surgical Technologists who are
on stand-by on any of the holidays as provided in 24.1 shall be paid
at the rate of three-fourths (3/4) the straight-lime rate when on standby
and double the straight time rate when called in during such
holidays. Payment of time and one-half (or double time on holidays)
will be in full compensation for all hours worked on call back.
11.6 Surgical Technologists
1) A Surgical Technologists called back to work while on stand-by
shall be guaranteed three (3) hours of work or payment in lieu
thereof for the first call-back during each eight hour stand-by
assignment. Additional call-backs during the same eight hour
stand-by assignment shall be paid for time worked only during
the call-backs.
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Effective December 20, 2009 through December 19, 2010, the wage
range for Surgical Technologists shall be as follows:
Year 1 Year 2 Year 3 Year 4 Year 5
$31.80 $34.13 $36.45 $38.78 $41.10
11.7 Housekeeper I and II. Housekeeper II performs all housekeeping
duties including heavy furniture moving and handling of trash bins.
Housekeeper I does not perform all housekeeping duties. However,
all employees employed as housekeepers by the Medical Center on
June 30, 1987, will be paid at the rate for Housekeeper II during the
term of this Agreement, as long as they perform the work of
housekeepers and regardless of the extent of their duties.
Housekeeper I and II duties, as well as duties assigned to all
classifications under this contract, will be assigned per classification
without regard to the sex of the individual. A housekeeper hired
before June 30, 1987, and thereby receiving the Housekeeper II rate,
as provided above, must nevertheless perform all Housekeeping II
duties in order to continue receiving the higher rate, in the event that
a layoff requires the housekeeper to perform such duties, in
accordance with paragraph 32.11.
11.8 Orthopedic Technicians. Orthopedic Technicians shall be paid at the
entrance step shown in Appendices D-F during the first four (4)
months of employment in the classification. After successful
performance of work during that period, Orthopedic Technicians will
be increased to the next higher step.
11.9 Central Services Technicians. Central Services Technicians I and II
shall be paid at the entrance steps shown in Appendices D-F during
the first four (4) months of employment in each classification. After
successful performance of work during that period, Central Services
Technicians I and II will be increased to their respective next higher
step.
11.10 Split-Shift. A split-shift is defined as eight (8) hours completed within
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a spread in excess of nine (9) consecutive hours. Employees assigned
to a split-shift shall be paid a premium of $4.25 a shift in addition to
their regular rate of pay. In addition, any split-shift work completed
beyond a spread of eleven (11) consecutive hours shall be paid for at
a rate of time and one-half (1½) for all hours worked beyond the
eleven (11) hour spread.
11.11 Shift Differential. Shift differentials shall be granted to employees
working the night shift (beginning on or after 11:00 p.m. but before
6:00 a.m.) and to employees working the evening shift (beginning on
or after 2:00 p.m. but before 11:00 p.m.) in the following amounts:
Evening Shift:
LVNs and licensed Psychiatric Technicians
All Others
Night Shift:
LVNs and Licensed Psychiatric Technicians
All Others
$1.45 per hour
$1.00 per hour
$1.95 per hour
$1.25 per hour
11.12 Weekend Differential. Regular full-time employees will be paid $5.60
per eight-hour shift in addition to their regular rates of pay for shifts
worked on weekends (shifts beginning on and after 11:00 p.m. Friday
and ending on or before midnight Sunday).
11.13 Assault Training. The Medical Center will offer a training program in
non-violent, non-physical intervention given at Medical Center
expense, and Union employees may attend on a voluntary basis. The
program will be required to be given once in each year of the term of
this Agreement, and will be scheduled so that staff on all shifts will
have reasonable access to the program. Staff may use their Education
Leave to attend this program.
11.14 Operating Room Housekeeper. A Housekeeper assigned to work in
the Operating Room shall be paid fifty cents ($0.50) an hour in
addition to his/her straight-time rate, while regularly assigned or
while on relief assignment to the Operating Room.
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11.15 Floor Maintenance Outside the Operating Room. Housekeepers
assigned to stripping & refinishing floors will receive one dollar
($1.00) per hour in addition to their regular rate of pay for the time so
spent. Housekeepers assigned to buffing and, shampooing will
receive fifty cents ($0.50) per hour in addition to their regular rate of
pay for the time so spent.
11.16 Moving Heavy Furniture. Employees assigned to moving furniture
requiring two-person lifting for one hour or more in the course of a
shift shall receive fifty cents ($0.50) per hour in addition to their
regular rate of pay for the time so spent.
11.17 Nutritional Supplies. Nursing personnel shall not be required to
maintain and clean refrigerators, nor shall they be required to
maintain nutritional supplies.
11.18 Pay Day. Payday shall be every other Friday. The Medical Center
agrees to make its best effort to provide that any employee on a shift
ending on or after 7 p.m. shall be paid on the Thursday preceding
pay day, provided it can be done without requiring overtime work or
compromising security of check distribution.
11.19 Direct Deposit. The existing program of direct deposit of paychecks
shall be continued.
11.20 New Classification. In the event that the Employer establishes a new
classification within the bargaining unit, in addition to those now in
existence, the Employer and the Union will meet to negotiate with
respect to rate of pay and job duties, prior to implementation. The
parties will make a good faith effort to reach a settlement. If the
parties are not able to reach agreement on the wage scale for the new
classification, the Employer may implement and the Union may,
within fifteen days, request the services of mutually agreed upon
mediator. If the parties are unable , to mutually agree upon a
mediator, they shall request an impartial third party list from the
Federal Mediation and Conciliation Service. The parties shall
alternately strike the names from the list provided until one name
remains. At the end of the mediation, if the parties do not agree, the
23

third party will issue a recommendation on the appropriate pay scale
for the classification, which shall match one of the existing wage
scales in the Agreement. Each party will bear all of the expenses of its
members. The fee from the Federal Mediation and Conciliation
Service shall be borne equally by both parties.
11.21 New Job Duties. The Employer shall maintain and review job
descriptions for all classifications which will be remitted to the
Union. It is recognized that changes of job titles and duties contained
in this Agreement may be necessary. In the event the Employer
intends to change job descriptions, it will send the Union a draft of
the changes, with the changes indicated. Within fifteen days, the
Union may request and the Employer will meet to discuss the
proposed job description. The parties will make a good faith effort to
reach a settlement. If the parties are unable to reach an agreement,
the dispute may be submitted to the Staffing Committee.
SECTION 12.
BILINGUAL SERVICES
12.1 No employee shall be required to interpret or translate as part of her
or his job duties, and employees shall not be disciplined for declining
to provide such services. Upon ratification of this Agreement, the
Medical Center will issue a written memorandum to all physicians,
RNs and other healthcare providers at the hospital stating that:
“No member of SEIU-UHW bargaining unit is required
to provide bilingual services as part of his or her job
duties. No discipline or retaliation for such an employee’s
refusal to provide bilingual services will be tolerated.
Thank you in advance for your cooperation.”
SECTION 13.
HOURS OF WORK
13.1 Workweek and Overtime Pay. The straight-time workweek shall be
forty (40) hours, five (5) days per week. A straight-time day's work
will consist of no more than eight (8) hours. If an employee is
required to work in excess of eight (8) hours in any day, or in excess
of forty (40) hours in any one workweek, the employee shall be paid
24

overtime at the rate of one and one-half (1 ½) the straight-time rate of
pay. For hours worked in excess of twelve (12) hours in any one work
day, excluding meal periods, the employee shall be paid overtime at
the rate of double the straight time rate of pay. Work performed
within the workweek of Sunday through Saturday night on the
seventh (7th) day thereof shall be paid at the rate of double the
straight-time pay.
13.2 Weekends Off. The Medical Center will guarantee 26 weekends off
annually to each full-time employee (other than cooks, who are
covered by Paragraph 13.3 below) based on the principle of every
other weekend off. An employee working less than a full calendar
year shall be guaranteed as weekends off not more than one-half (½)
the number of weekends falling during the employee's term of
employment in the calendar year. If less than the aforesaid number of
weekends are granted off, the employee shall receive an additional
one-half (½) day of paid vacation in lieu of each weekend off lost. If
the Medical Center requires an employee to work three (3) or more
consecutive weekends, such employee will receive an additional onehalf
(½) day of paid vacation for the third consecutive weekend and
for each consecutive weekend worked thereafter until granted a
weekend off. The above weekend off provisions may be waived on
the written request of an individual employee. Such provisions shall
not apply to full-time employees who desire a schedule which
includes weekend work or to full-time employees who desire to work
certain weekends which make up a portion of the weekends which
they would otherwise be granted off. In addition the employees in a
particular department may by majority vote elect to waive the
provisions guaranteeing weekends off, in which event the Medical
Center will schedule those employees for regular consecutive days
off each week. For the purpose of the application of the foregoing
weekend off provision, annually shall be defined, as each calendar
year and weekends shall be defined as the weekends observed under
the scheduling followed during the Agreement in effect prior to this
Agreement.
13.3 Weekends Off for Cooks. The Medical Center will endeavor to
25

schedule regular full-time cooks, including Second Cook, for two (2)
weekends off work each month. During any absence of a full--time
cook or Second Cook for one (1) week or more, regular part-time
cooks shall be given preference in filling in for available weekend
work and be required to do so if the Medical Center chooses.
13.4 Work in a Higher Paid Classification (Pre-determined Work
Schedule). Any employee who, as part of his or her predetermined
work schedule, performs work in a higher classification (except for
rest periods and meal relief) shall be paid at a rate based on a ratio of
time spent in each classification.
13.5 Work in a Higher Paid Classification (Relief Work). An employee
relieving in a higher classification will be compensated for the relief
work at the lowest tenure step of the higher classification that yields
a pay increase to the employee.
13.6 Rest Period between Shifts. Each regular employee shall have an
unbroken rest period of at least ten (10) hours between shifts. All
work within the ten hour rest period shall be paid at the rate of time
and one-half (1 ½) the straight-time rate of pay.
13.7 Posting of Schedules. Schedules of starting and quitting times and
days off of regular employees will be posted by the Medical Center
one (1) week in advance subject to emergency changes. As much
advance notice of overtime requirements will be given as permitted
by operational circumstances. An employee required to work on
his/her regularly scheduled day off will be compensated at the
appropriate overtime rate and will not be scheduled for an
alternative day off.
13.8 Pay for Work on a Regular . Day Off or for an Additional Shift. An
employee called into work on a regular day off or for an additional
shift on a regular work day will be paid for the hours worked, plus
one (1) hour, but not exceeding eight (8) hours' pay in any one (1)
shift [unless the employee works over eight (8) hours in that shift],
provided the employee is called for such work less than two (2) hours
before the start of the shift. If the employee is called two (2) hours or
26

more before start of the shift, the employee shall be paid for time
worked only.
13.9 Overtime procedure
1) Any overtime work must be approved and authorized in
advance by supervisory or managerial personnel. The Medical
Center will exercise every reasonable effort to follow the
procedures outlined below, however, the parties expressly
recognize that exigent circumstances may preclude strict
compliance with the procedures.
2) A list will be maintained in each department with the names of
employees interested in overtime. This list will be revised every
six (6) months.
3) When the Medical Center determines overtime is necessary,
employees will be offered overtime in the following manner:
Prescheduled Overtime. If the employer has enough advance
notice of the need for overtime, such overtime will be
scheduled by offering overtime by seniority to those qualified
employees who have expressed interest in overtime.
Overtime the Need for Which is Unforeseen. When the need for
overtime arises which is unforeseen, the Employer will offer
such overtime first on the basis of seniority to qualified
employees who have expressed interest in overtime and are
available to commence work without any delay or disruption of
the work flow.
Overtime for Short Periods of Time. Overtime which is needed
for short periods of time, generally less than one (1) hour, (for
example: to complete an existing assignment) will not be
offered by seniority unless practical and there will be no delay
or disruption of the workflow.
13.10 No Pyramiding of Overtime. There will be no pyramiding of
overtime. For example, paid overtime that extends into the 10- hour
27

est between shift provision (Section 13.6) will not obligate the
employer to pay additional premium pay for the employee not
having received an unbroken rest period. In a situation where there
are overlapping events that would each be eligible for premium pay,
the highest applicable rate among the events will be paid.
13.11 Absent Days Off. Individual employees will not be approached to
take "absent days off". The Medical Center may maintain a list which
shall be posted which employees may sign to express their desire for
certain absent days, and the Medical Center will confine its requests
to those individuals and the days they requested. Neither the Medical
Center nor the Union nor their representatives shall attempt to
persuade any employee to volunteer or to decline to volunteer for
such days off. The Medical Center will recruit and maintain a list of
on-call employees for staffing. The foregoing shall not be construed
to impair the Medical Center's right to reduce personnel in
accordance with the seniority provisions of this Agreement.
SECTION 14.
MINIMUM HOURS
14.1 The Medical Center shall not schedule employees for less than four
(4) hour shifts except in the event of emergency assignments.
Employees requested to report for work, or who are scheduled to
work but for whom no work is available when they report, shall
nevertheless be paid for four (4) hours at straight-time unless the
work assignment announced to them was an emergency assignment
of less than four (4) hours in which case they shall be paid for the
announced number of hours. If an employee works in excess of four
(4) hours, the employee will be guaranteed eight (8) hours at straight
time unless the schedule is understood to call for a shorter shift. This
Section does not apply to employees who are on stand-by.
SECTION 15.
SUBCONTRACTING
15.1 Work or services performed by bargaining unit employees shall not
be subcontracted, transferred, or leased in whole or in part, to any
person, company or non-bargaining unit employee, except as set
forth as follows:
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15.2 Such subcontracting shall be permitted if it has been performed prior
to the effective date of this Agreement.
15.3 Such subcontracting shall be permitted if it requires the use of
equipment not heretofore used by members of the bargaining unit
and not owned by the Medical Center.
15.4 Such subcontracting shall be permitted where it is required in cases
of emergency arising from civil disaster, epidemic or natural
catastrophe or from a sudden, unplanned occurrence resulting in a
dramatic increase in census or acuity of illness.
15.5 Such subcontracting shall be permitted in instances of extraordinary,
short-term work load arising when no employees in the affected
classifications are on layoff.
15.6 In other cases, such subcontracting shall be permitted if it is
performed with the mutual agreement of the Union; such agreement
shall not be unreasonably withheld by the Union.
SECTION 16.
REPLACEMENT OF CALL-OFFS
16.1 In the event employees are absent, the Medical Center will make
every reasonable effort to replace such employees if the Medical
Center sees the need to do so from an operational standpoint. If
employees who are absent are not replaced, the remaining employees
will be expected to perform only a normal full day's work.
SECTION 17.
MANDATORY OVERTIME
17.1 In accordance with Medical Center practice, there shall be no
mandatory overtime except in emergencies declared by the city, the
county, the state or federal government, and / or the highest ranking
administrative officer on duty or on call.
SECTION 18.
MEALS AND UNIFORMS
18.1 Employees working in the Dietary Department shall be entitled to the
regular meals occurring within the shift without deduction in their
29

compensation.
18.2 Uniforms worn by cooks, while working, shall be provided, cleaned
and laundered by the Medical Center without cost to the employee.
SECTION 19.
REGULAR PART-TIME, SHORT-HOUR
AND PER DIEM EMPLOYEES
19.1 Regular Part-time Employees. A regular part-time employee is one
assigned to a pre-determined schedule of twenty (20) or more hours a
week. A regular part-time employee shall accrue Paid Time Off as
provided in Section 19 and Extended Sick Leave as provided in
Section 20. Such accrual shall commence with the date of hire. In
addition, such employees will be covered by the Medical Center
medical/surgical, dental, vision and life insurance plans upon
completion of the ninety (90) day probationary period.
19.2 Short Hour Employees. A short-hour employee is one assigned to a
pre-determined schedule of less than twenty (20) hours a week:
available at least four (4) shifts in every 28 days which may include
weekend shifts. A short-hour employee shall receive one dollar
($1.00) per hour above the rate for their classification in lieu of fringe
benefits other than shift differentials, upon completion of the
probationary period described in Section 4. A predetermined
schedule is a regular schedule which continues into the foreseeable
future.
19.3 Per Diem (formerly “On-Call”) Employees. A Per Diem employee
works on intermittent or availability basis; available for four (4) shifts
every 28 days; including 4 weekend shifts and one major holiday. A
Per Diem employee is one assigned to a temporary or an irregular
Per Diem status. A Per Diem employee shall receive one dollar
($1.00) per hour above the rate for his/her classification in lieu of
fringe benefits other than shift differentials, upon completion of the
probationary period described in Section 4.
19.4 Extra Work Assignments
1) Regular part-time, short-hour and Per Diem (formerly “On-
30

Call”) employees who have given the Medical Center an initial
fourteen-day advance written notice of their availability for
extra work assignments, shall be assigned to the work in the
following manner:
a) Except in cases where specialized work or skill or trained
personnel are required on the job, regular part-time, short
hour, and Per Diem employees who are available for per
diem work, shall be called by classification within the
department on the basis of their seniority. The department
shall first telephone in succession those regulars and then
short-hour employees on the available list for the
classification and the particular shift or shifts to be filled in
the order of their descending seniority. If the assignment is
not thereby filled, the department shall telephone the Per
Diem employees on the available list in the order of their
seniority. The Medical Center shall not be required to offer
a per diem assignment to any employee that would require
the payment of overtime or penalty rates. The Medical
Center will maintain written records of such telephone
calls, and such records will be available for review by
Union representatives upon request. An employee shall be
given one-half (½) hour to respond to a telephone call,
before another employee on the list is called, unless an
emergency requires the assignment to be filled
immediately, in which event the Medical Center, in failing
to gain a response, may continue telephoning other
employees on the list. An employee who fails to fill offered
assignments, or who cannot be reached when called, three
times in a 90-day period, shall be removed from the list
(with one time being tallied for each daily shift to be
offered). One "ill call" each 90 day period will not be
charged as a refusal if it is due to the employee's illness or
the illness of the employee's spouse, domestic partner, or
child and the employee notifies the Medical Center before
receiving the call. Additional absences may be permitted
under the State and Federal Family Leave Acts, as
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provided for in paragraph 26.5. Consecutive days of illness
count as an "ill call," subject to medical verification
satisfactory to the Medical Center of the physical or mental
disability of the employee or his/her spouse, domestic
partner, or child, if requested by the Medical Center. An
employee on a leave of absence approved by the Medical
Center will not be charged with a refusal to be available. If
an employee fails to arrive at least two hours after the
employee is called, the Medical Center shall have the
option of refusing any work or reporting pay to the
employee that day and treating the absence as the
employee's failure to accept an assignment; or, in the
alternative, the Medical Center may choose to pay the
employee for time worked only.
2) Available Hours for Cancelled Staff. When implementing any
involuntary daily cancellation regarding regular employees, the
Medical Center will offer other available work for which the
employee has been cross-trained to perform in the manner
outlined in Section 19.4(1). In cases where the employee is
cross-trained into a different department, the employee will be
responsible for notifying that department of his or her
availability. The intent of this section is to provide first
preference for available hours to staff being cancelled from
their regular shift prior to another employee who is picking up
extra hours in accordance with Section 19.4(1). It is not the
intent of this section to displace staff who have already been
scheduled for a vacant shift in accordance with Section 19.4.
19.5 Training for Per Diem Work in Dietary. Regular part-time and shorthour
employees desiring to qualify for Per Diem (formerly “On-
Call”) work in dietary, but not presently trained on the work to be
done, will be expected to sign up for training, and upon successful
completion of the training in management's judgment, shall be
eligible for listing as available for the work to be done.
19.6 PTO in lieu of a Declined Assignment. If an employee, when called
takes accumulated PTO hours equivalent to the hours of an offered
32

shift, rather than the shift itself, it shall not be considered a declined
assignment within the meaning of Paragraph 19.4 above.
19.7 Changes to Availability. Not more than once in each 90 days, an
employee may change a written notice of availability. Changes are
subject to management approval. Approval will not be unreasonably
denied.
19.8 Reclassification for Per Diem (formerly “On-Call”) or Short Hour
Employees. Per Diem or Short hour employees who work an average
of twenty hour per week or more for ninety (90) or more consecutive
days shall be reclassified to a regular benefited position at an FTE
(full-time equivalent) status with the weekly average over the ninety
days.
19.9 Reclassification for Regular Part-Time employees. Regular part-time
employees who work higher than their current FTE (full-time
equivalent) status for ninety (90) or more consecutive days shall be
reclassified to the higher FTE (full-time equivalent) status with the
weekly average over the ninety days.
19.10 Computation of reclassification: Time spent on authorized leaves of
absence shall not be taken into account in computing an employee's
average weekly hours of work for purposes of reclassification. Hours
worked by an employee filling an available temporary position shall
not count towards reclassification.
19.11 Tenure Step Increases for Per Diem and Short Hour Employees. Per
Diem and Short hour employees will receive annual step increases on
their salary anniversary date, commencing with the next anniversary
following ratification of the contract, provided that it has been at least
12 months since their last step increase and they are not at the
maximum step of the range already.
19.12 Removal of Per Diem Employee from Per Diem List. If a Per Diem
employee fails to work any hours during a sixth month review
period, the employee shall be removed from the Per Diem list
without prejudice unless the employee's lack of work for the period is
due to an industrial injury recognized under Worker's
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Compensation.
19.13 Affect of Additional Hours on Accrual of Benefits: Per Diem hours
worked in addition to the employee's regular part time schedule shall
not be calculated in computing the employee's pro-ration of fringe
benefits provided under Paragraph 20.2.
19.14 Requirements of Part-time and Short Hour Employees. Although
regular part-time and short-hour employees are granted the same
flexibility hereunder as is granted to Per Diem (formerly “On-Call”)
employees in filling assignments to per diem work, they shall be
required to fill their regular, pre-determined schedules in a normal
manner.
SECTION 20.
PAID TIME OFF (PTO)
20.1 PTO Accrual Schedule. Regular full-time employees shall accrue Paid
Time Off, commencing with their date of hire, in accordance with the
following schedule:
Length of Service
Less Than One
Year
One Year & Less
Than Four Years
Four Years & Less
Than Nine Years
Accrual Per Bi-
Weekly
Paid Period
Total PTO Days
Earned Per Year
8.000 hours 26
9.538 hours 31
11.077 hours 36
20.2 Pro-rata Accrual for Part-time Employees. Regular part-time
employees shall accrue Paid Time Off commencing with their date of
hire, on a pro rata basis of the above schedule.
20.3 Use of PTO. Paid Time Off days or hours (PTO) may be used for
vacation, holidays, short-term illness, family emergencies, religious
observances, preventative health care, dental care, personal business
and other excused elective absences. Educational leave, bereavement
34

leave and jury duty are paid in addition to PTO days, and the PTO
account is not charged with this time off.
20.4 Beginning of PTO Accrual. PTO days begin accruing on the day of
employment and then continue to accrue on the basis of hours
worked and the length of service; and may be used without a waiting
period.
20.5 Cap on Accrual of PTO and Pay Out. The limit on the amount of the
PTO that may be accrued by an employee shall be four hundred (400)
hours. As of October or April each year, any excess accrual over such
limit shall be paid to the employee, or, at the employee's election,
shall be transferred by the Medical Center to the employee's deferred
income or retirement account as may be established by the Medical
Center, provided such transfer is permissible under applicable
regulations.
20.6 Constructive Receipt. The Medical Center will conform with State
and Federal laws regarding constructive receipt of PTO funds, and if
by doing so it is obliged to impose limitations or penalties for PTO
cash-out, will inform the Union at least two weeks in advance of
implementation.
20.7 Required Use of PTO. Fifteen (15) days of PTO must be used per
anniversary year, but in no event shall an employee lose any such
days by failure to take them as time off.
20.8 Use of Earned PTO. PTO hours may be used as soon as they are
earned but may not be used in advance.
20.9 Requests for Use of PTO. With the exception of emergencies or
illnesses, PTO must be requested by the employee in advance, and
agreed to in advance by the Department Head or Supervisor;
however, requests for PTO will not be unreasonably denied. In cases
of absences for emergencies or illnesses, the employee shall notify the
Department Head or Supervisor as promptly as possible.
20.10 Vacation Requests for PTO. Employees desiring to take PTO in the
form of vacation — that is, in blocks of five (5) days or more — shall
35

make a request for vacation date by February 1 each year, and the
Medical Center will post the vacation schedule by the following
March 31. Vacation preference will be based on seniority among
employees in a particular layoff seniority unit and on the same shift.
After a vacation date is assigned to an employee, it will not be
changed by the Medical Center in order to accommodate another
employee's desire to change his or her vacation date unless all
affected employees agree to such change. Vacation checks paid to
employees will reflect the same amount of tax withholding as is
applied to such employees' checks for working time of the same
duration as the vacation. Vacation checks, when paid, shall include
shift differential if applicable.
20.11 PTO Used for Time Off. PTO must be used for all time off, except
educational leave, bereavement leave, jury duty, military leave,
emergency leave and additional leave (Section 26). Further leave
without pay can be granted only when all PTO has been exhausted.
Notwithstanding the foregoing, an employee shall not be required to
use PTO for any absences during any part of which ESL is paid; but
the employee shall be allowed the choice of using PTO in such cases.
20.12 PTO not Required for Employer Requested Absences or Lay Offs:
The Medical Center reserves the right to request absences or
determine layoffs, in accordance with the provisions of this
Agreement, and such absences shall not require the use of PTO.
20.13 PTO Cash Out. Twice annually on dates selected by an employee, on
such prior notice as the Medical Center may uniformly require, the
employee may convert into cash the PTO time accumulated. PTO
hours not used or converted will be accumulated into the next year.
20.14 PTO Paid at Employee's Current Hourly Rate. Pay for PTO hours
shall be based on an employee's current hourly rate of pay including
any shift differential, which is in effect at the time of using PTO or at
the time of converting PTO time to cash. Upon termination of
employment with the Medical Center or upon changing to Per Diem
(formerly “On-Call”) status, all unused PTO hours will be paid off at
the current hourly rate of pay including any shift differential in effect.
36

20.15 PTO not Used to Extend Employment. PTO hours may not be used to
extend employment with the Medical Center beyond the last day
actually worked.
SECTION 21.
EXTENDED SICK LEAVE (ESL)
21.1 Accrual Rate for ESL. Employees eligible to accrue Paid Time Off
shall also accrue Extended Sick Leave at the rate of six (6) days per
year of service in the case of Regular Full-Time employees and on a
pro rata basis thereof based on hours worked in the case of Regular
Part-Time employees.
21.2 Payment of ESL for Long Term Illness. An employee shall be paid
from the employee's accumulated Extended Sick Leave for absence
because of long-term illnesses, under the following conditions:
21.3 State Disability and Workers' Compensation. A long-term illness is
an illness which qualifies an employee for State Disability Insurance'
(SDI) or Workers' Compensation weekly benefits. Extended Sick
Leave shall be used to integrate with SDI or Workers' Compensation
payoffs as necessary during a long-term illness so that the employee
will receive his/her regular take-home pay. Paid Time Off days may
be applied when Extended Sick Leave days have been used up,
except as provided in Section 20.
21.4 Payment of FSL for Illness of Short Duration. An employee shall also
be entitled to pay from the employee's accumulated Extended Sick
Leave for absences for illnesses of shorter duration under the
following conditions:
21.5 Use of ESL after Missing Four or More Consecutive Workdays. If,
during an employee's anniversary year, the employee misses four (4)
or more consecutive workdays because of illness, and the employee is
able to provide medical verification of such illness, then subsequent
absences from work for illness of four (4) or more consecutive days
within the same anniversary year can be paid for out of the
employee's accumulated ESL. The Medical Center reserves the right
to require medical verification of any such subsequent absences as a
37

condition of payment.
21.6 Use of ESL for Illness of Immediate Family. An employee may use in
any calendar year the amount of Extended Sick Leave the employee
has accrued during six months of that year to attend to the illness of a
child, parent, spouse or domestic partner of the employee, subject to
all conditions and restrictions placed by the Medical Center upon the
use of Extended Sick Leave.
21.7 No Cap on Accrual of ESL and Credit for Retirement. There is no
limit to the number of ESL days that may be accrued. Employees
terminating employment with the Medical Center, who have met the
qualifications for retirement under the Eden Medical Center
Retirement Plan shall have time accumulated in the employee's ESL
account reported and applied as a credit toward advancement of the
employee's retirement date.
SECTION 22.
BEREAVEMENT LEAVE
22.1 Bereavement leave up to four (4) paid days shall be granted to
employees in cases of death in the employee's immediate family
when the funeral takes place in California to allow attendance at
funeral. Bereavement leave up to five (5) paid days shall be granted
to employees in such cases to attend a funeral held out of state. An
employee not attending the funeral shall be granted a paid leave of
three (3) days. The employee's immediate family is defined to include
spouse, domestic partner, parent (or individuals who have, prior to
the employee having attained legal majority, officially stood in the
place of mother or father, provided the employee has given the
Medical Center prior written notice of the names of any such
individuals), parent of domestic partner, grandparent, child, child of
domestic partner, grandchild, mother-in-law, father-in-law, sister and
brother. Payment shall be made for scheduled workdays which
would have been worked but for the funeral. An employee eligible
for such paid days of leave may also request and be granted an
additional, unpaid day of leave when the funeral takes place in
California, and an additional unpaid week of leave (5 workdays)
when the funeral takes place out of state, to attend the funeral. The
38

employees claiming bereavement leave absences shall sign a
statement giving date of funeral and place and name and relationship
of decedent, and whether or not the employee attended the funeral.
22.2 An employee shall give the written notice provided for in Paragraph
22.1 at 'the time of employment, or, for those employees who are in
the Medical Center's employment at the time of the execution of this
Agreement, then within thirty (30) days after execution of the
Agreement.
SECTION 23.
JURY DUTY
23.1 A regular employee who is required to serve on a jury will be paid
the difference between any jury pay received and the employee's pay
for the regular hours he/she would have worked but for the jury
duty. As a condition to payment by the Medical Center, the employee
must notify the Medical Center as soon as reasonably possible after
the employee receives notice to report, and must produce a receipt
from the court clerk that he/she has been called or served. If an
employee scheduled for day shift is dismissed from jury duty in time
to complete three (3) or more hours of his/her regular shift, the
employee shall be required to return to work. An employee
scheduled for evening or night shifts on days the employee is called
for jury duty, may be required, in order to qualify for jury duty pay,
to report to work on such shifts only after a lapse of ten (10) hours
following dismissal from jury duty and only if there are at least three
(3) hours of the shift then remaining.
SECTION 24.
HOLIDAYS
24.1 The following are the recognized holidays, upon completion of thirty
(30) calendar days of continuous service [sixty (60) days in the case of
the birthday holiday]:
New Year's Day
Martin Luther King, Jr. Day
(Third Monday in January)
Labor Day
Thanksgiving Day
39

President's Day
(Third Monday in February)
Memorial Day
Independence Day
Christmas Day
Employee's Birthday
24.2 The pay for hours worked on a holiday other than a birthday shall be
at a rate of time and one-half (1 ½) the employee's appropriate
straight-time rate of pay.
24.3 The pay for hours worked on a birthday shall be at a rate of one and
one-half (1 ½) the employee's appropriate straight-time rate of pay,
provided the employee gives at least two (2) weeks prior notice each
year to his/her Department Head or Supervisor of the date of the
birthday. If the employee fails to give such notice, or if the employee
makes a written request to work on the birthday, the employee shall
be paid at the appropriate straight-time rate.
24.4 Paid holidays shall be considered time worked for overtime
computations. A holiday shift is defined as a shift in which the major
portion of the shift is worked on the holiday.
SECTION 25.
FORTY YEAR ANNIVERSARY BONUS
25.1 The Medical Center will pay an amount equal to one week's regular
wages as a bonus to regular employees on their 40 th anniversary of
continuous employment and on each subsequent anniversary of
continuous service at Eden Medical Center as long as they remain in
regular status.
SECTION 26.
LEAVES OF ABSENCE
26.1 Application for leave of absence shall be made in writing by an
employee requesting leave, and leave of absence, if granted, will be
approved in writing. Authorized leave of absence for any purpose
shall not affect previously accumulated sick leave, vacation time or
tenure.
26.2 Leave of up to twelve (12) months shall be granted for pregnancy,
40

childbirth or related medical conditions. Eligibility for leave and
length of leave shall be as required under appropriate Federal and
State statutes.
26.3 Regular employees with six (6) months or more of continuous service
shall be granted a leave of absence of up to six (6) months during any
twelve (12) month period in cases of physical disability other than an
industrial illness or injury. Leaves of absence for disability may be
extended only by agreement between the employee and the Medical
Center.
26.4 In the case of an industrial illness or injury, an employee shall be
granted a leave of absence of up to twelve (12) months and for such
time as may be required under appropriate Federal or State law.
26.5 Employees who have completed the probationary period shall be
entitled to three (3) weeks of unpaid leave (15 working days) within a
year of service for serious illnesses of spouse, domestic partner, child,
parent, brother or sister. This leave shall be prorated for other than
full-time employees. The Medical Center shall have the right to
require verification of the illness from a health care professional.
Employees with one year or more of service shall be granted a family
leave program with benefits and eligibility for benefits as set forth in
the Federal Family and Medical Leave Act of 1993 and the California
Family Rights Act.
26.6 An unpaid leave of one (1) week per year shall be granted to
employees with one (1) or more years of continuous service, who
request such leave.
26.7 By reason of leave of absence, the employee shall not forfeit any
accrued rights under this Agreement, but likewise, the employee
shall not accrue any rights during such leave.
26.8 When an employee returns to duty, in compliance with an authorized
leave of absence, the employee shall be reinstated in the same
classification in which she/he was employed before the employee's
absence; but if conditions in the Medical Center have so changed that
it would be unreasonable to reinstate the employee in the same
41

classification, the Medical Center will reinstate him/her in a
classification as nearly comparable to the employee's original
classification as is reasonable under the circumstances.
SECTION 27.
HEALTH PROGRAM
27.1 Through June 30, 2010, the Medical Center shall provide health
insurance, with no monthly premiums for eligible employees,
spouses, domestic partners, and their children to age 25 who are
dependent as defined by Internal Revenue Service. Benefits will
continue as provided under the previous Agreement between the
Medical Center and the Union on the basis of the following
apportionment of costs:
(1) (Tier 1) Employee uses a physician who contracts for a fee
schedule with the Medical Center and/ or uses Eden Medical
Center facilities. The Medical Center will then pay ninety
percent (90%) of physician and/or Medical Center fees and the
employee will pay the remainder.
(2) (Tier 2) Employee uses a physician and/ or a Medical Center
affiliated with Sutter Select under Tier 2. The Medical Center
will then pay eighty percent (80%) of physician and/or Medical
Center fees and the employee will pay the remainder.
(3) Employee uses a physician and/ or a Medical Center other than
those described in (1) and (2) above. The Medical Center will
then pay seventy percent (70%) of physician and/or Medical
Center fees and the employee will pay the remainder.
27.2 EPO: Effective July 1, 2010, the Medical Center shall provide a fully
paid Sutter Select EPO Medical and Vision benefit (VSP) for eligible
employees, spouses, domestic partners and their children as defined
in Paragraph 27.1.
PPO: Effective July 1, 2010, the Medical Center shall provide a Sutter
Select PPO premium healthcare coverage, including Medical and
Vision benefit (VSP) for eligible employees, spouses, domestic
partners and dependents as defined in Section 27.1. The Employer
42

shall pay 85% of the premium cost of this Plan.
An Open enrollment period shall be made available to employees
and shall end no later than June 15, 2010.
27.3 The Medical Center will continue to provide dental benefits for
eligible employees, their spouses, domestic partners and their
children as defined in Paragraph 27.1, as provided for under the
previous Agreement between the Medical Center and the Union. The
dental coverage maximum will increase to $2000 for all employees,
their spouses, domestic partners, and their children as defined in
Paragraph 27.1.
27.4 An employee absent from work because of a job-related disability
and eligible to receive Workers' Compensation benefits, or because of
pregnancy disability, childbirth or related medical conditions, who
has been covered up to the time of absence by the Medical Center's
health program, shall continue to be covered by the program during
such absence for up to a maximum of twelve (12) months at Medical
Center expense.
27.5 An employee absent from work because of a layoff shall continue to
be covered under the Medical Center's medical insurance program
for whatever coverage the employee had prior to layoff (single
person, spouse, domestic partner, or family), for up to 30 days of
such layoff, at Medical Center cost.
27.6 Physical examinations shall be given annually without charge.
Examinations shall be given during the employee's regular shift
where practical. In the event the Medical Center foresees it will not be
practical to continue giving physical examinations on their shifts, the
Union will be notified and the parties will discuss alternative
methods.
27.7 Pre-employment examinations shall be given on the employee's time,
even if not given until after the employee is actively employed. Cost
of pre-employment examinations shall be borne by the Medical
Center.
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27.8 An employee shall be notified of any unusual findings in physical
examinations referred to in this Section and the employee's private
physician shall be furnished with details thereof upon request.
27.9 During the term of this agreement, the Medical Center will propose
to the Union a health plan that provides benefits that, in the
aggregate, are comparable to the benefits in the current plan and that
could include domestic partner coverage. The Union shall be
afforded an opportunity to engage in meaningful effects bargaining
regarding the substitution. An alternative plan shall be implemented
upon the mutual consent of the parties. Such consent shall not be
unreasonably withheld.
SECTION 28.
GROUP INSURANCE
28.1 Life insurance and accidental death and dismemberment insurance
coverage according to the following schedule: five thousand dollars
($5,000) plus one (1) times the employee's annual salary rounded up
to the nearest one thousand dollars ($1000) to a maximum of one
hundred and five thousand dollars ($105,000). The Medical Center
will pay the premium for such coverage. This coverage will be
effective following completion of sixty (60) calendar days of
continuous employment as a benefited employee. Special provisions
apply to employees over age 65, as described in the group Term Life
Insurance Certificate.
SECTION 29.
DISABILITY INSURANCE
29.1 The Medical Center will provide Long-Term Disability Insurance to
eligible regular benefited employees that will provide 50% of regular
pay for a period of up to two years in the event of disability.
SECTION 30.
UNEMPLOYMENT COMPENSATION
AND DISABILITY
30.1 The Medical Center will provide coverage under the California
Unemployment Compensation and Disability Law. The above
coverage may be adjusted during the life of this Agreement in the
44

event future legislation is enacted that is applicable to the Medical
Center.
SECTION 31.
RETIREMENT
31.1 Effective January 1, 2007, the Medical Center will implement the
Sutter Health Retirement Plan containing the two plan options: the
Enhanced Cash Balance Design, and the Enhanced Traditional
Pension Design. The Medical Center reserves the right to make
modifications to or substitute the plans provided such changes do not
differ in the level of benefits to employees. If the Medical Center
seeks to change the level of benefits provided, it will notify the union
and no such change will be implemented without agreement of both
parties.
31.2 The Hospital's Retirement Income Plan as presently in effect shall
continue until December 31, 2006, together with the benefit
computation formula as established under the previous Agreement.
The benefit computation formula will grant a yearly retirement
benefit equal to 1.2% of an employee's average annual base wage,
calculated on the employee's highest five (5) calendar years of
earnings within the last ten (10) calendar years of employment,
multiplied by years and months of credited service. In the event that
the total of an employee's benefits accrued prior to July 1, 1979, under
the Hospital's previous benefit formula exceed the total benefits for
the same period computed under the new formula, the employee will
be credited with the higher of the two computations for service prior
to July 1, 1979.
31.3 The Medical Center shall have the right to retire employees as it may
see fit, who have attained an age established by applicable law as the
earliest age permitted for mandatory retirement.
31.4 Employees who retire from employment on and after July 1, 1987,
and who are receiving payments under the Medical Center's
Retirement Income Plan, shall be entitled to have payments made by
the Medical Center each month for their participation in the program
for supplementary medical insurance benefits set forth in Part B of
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Medicare [42 U.S.C. Section 1395(j)], in the following amounts:
For employees retiring on or
after July 1, 1987 and before
July 1, 1990
For employees retiring on and
after July 1, 1990
$17.90 per month
$28.60 per month
31.5 Employees eligible for Medical Center payments shall provide such
information as the Medical Center may require from time to time, in
order to continue their eligibility for payments.
31.6 Employees employed at Laurel Grove Hospital as of July 1, 1987 shall
be covered under Eden Hospital's Retirement Income Plan on the
following basis:
(1) Employees will be credited with their years of service at Laurel
Grove Hospital excluding any years for which they were
covered by a pension plan provided by Laurel Grove Hospital
prior to July 1, 1987. These credited years will be for purposes
of establishing vesting only and will not establish the amount
of retirement benefits.
(2) Years of service to be used in calculating the amount of
retirement benefits to be paid shall commence no earlier than
July 1, 1987.
31.7 The Medical Center will make available the Fidelity annuity plan or
other tax sheltered annuity plan to employees for their voluntary
contributions. The Medical Center shall pay the necessary set-up fee
to initiate the plan, but shall have no obligation to make further
contributions to the plan. Employee contributions shall be subject to
the requirements set forth by Fidelity or the other provider.
31.8 Retiree Health Care Account: Commencing January 1, 2010, the
Retiree Health Care Account (RHCA) with the provisions outlined
below will be available to eligible bargaining unit employees:
(1) Eligibility - For all regular full-time and part-time employees at
46

age 55 or older with 10 or more years of Medical Center service
(floor/minimum); 1,000 hours =1 year of service = $1,000 for
the employee's account.
(2) Account Value
(3) Examples
Retirement
Age
Career Maximum in
Account
55 - 59 $20,000
60+ $30,000
Example 1: An employee who works until age sixty (60) and
meets the eligibility criteria with 10 years of service in an
eligible position will have $10,000 in health care account
available to her or him at that time to pay for medical, dental,
and/or vision premiums.
Example 2: A person who works until age 60 thirty (30) or more
years of service in an eligible position who meets the hours
worked criterion will have a full $30,000 in health care account
to him or her at retirement to pay for medical, dental and/or
vision premiums.
All other provisions of the relevant plan document shall
govern.
SECTION 32.
SENIORITY
32.1 Definition of Seniority. For those employees hired into a bargaining
unit position, seniority shall be defined as the date of hire into a
bargaining unit position covered by this Agreement.
32.2 Seniority when Transferring from Another Bargaining Unit.
Employees transferring into the bargaining unit who were previously
employed by the Medical Center in a position represented by another
Collective Bargaining Agreement shall be given seniority credit for
such continuous service as they may have accrued under the terms of
such other Collective Bargaining Agreement(s), providing the
47

contract that the employee transfers from provides a reciprocal
arrangement.
32.3 Transfer from Another Sutter Health Affiliate. Employees who are
hired by the Medical Center who were employed at another Sutter
Health affiliate shall have their seniority with the previous facility
recognized for the purposes of wage rates and benefit accruals, as
provided by the Medical Center's Inter-Affiliate Employment Policy.
With regard to the application of seniority for other purposes (i.e.,
layoffs and job bidding), an employee who is hired by the Medical
Center who was employed at another Sutter Health affiliate in a
bargaining unit represented by SEIU shall be credited with his or her
bargaining unit seniority from the previous facility, provided that
other Sutter Health facility reciprocally recognizes the seniority of an
employee from Eden Medical Center covered by the SEIU contract.
32.4 Break in Seniority. Seniority will be broken by voluntary quit,
discharge for cause or twelve (12) consecutive months of
unemployment, except for leaves of absence.
32.5 Laurel Grove. Employees whose employment commenced at Laurel
Grove Hospital rather than at Eden Medical Center shall have
seniority calculated from date of hire, but from no earlier than
December 11, 1986, except in the case of determining seniority claims
solely among employees at Laurel Grove Hospital. In such case, the
dates of their employment at Laurel Grove Hospital shall be
determinative.
32.6 (a) Movement from Per Diem (formerly “On-Call”) Status: A Per
Diem employee who is reclassified (has a status change to) as a
Regular Full-time, Regular Part-time or Short Hour employee
shall receive a seniority date of such employee's most recent
date of continuous bargaining unit employment, including per
diem employment.
(b)
Movement from Short Hour Status: A Short Hour employee
who is reclassified (has a status change to) as a Regular Parttime
employee shall receive a seniority date of such employee’s
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most recent date of continuous bargaining unit employment,
including per diem employment.
32.7 Seniority Credit after Transfer to Another Classification. If an
employee is transferred to another classification, the employee will be
credited with seniority in the new classification based on total
seniority accumulated in all classifications covered by this
Agreement; except for the purposes of Unit Seniority (e.g. job bidding
seniority, vacation selection, days off selection). After transfer, an
employee shall accumulate Unit seniority from the first day of
employment in the unit until he/she has six (6) months of service in
the new classification at which point, he/she will be credited with
Unit Seniority based on total seniority accumulated in all
classifications covered by this Agreement.
32.8 Seniority Credit after Transfer to Another Lay Off Seniority Unit. If
an employee is transferred to another layoff seniority unit in the
same classification, the employee will be credited with seniority in
the new unit based on total seniority accumulated in all units
described in this Section, except for the purposes of Unit Seniority
(e.g. job bidding seniority, vacation selection, days off selection).
After transfer, an employee shall accumulate Unit seniority from the
first day of employment in the unit until he/she has six (6) months of
service in the new classification at which point, he/she will be
credited with Unit Seniority based on total seniority accumulated in
all classifications covered by this Agreement.
32.9 Lay Off and Lay Off Seniority Units.
32.10 (a) Layoff Defined:
Temporary layoff is defined as layoff which is not expected to be
more than fourteen (14) calendar days. Indefinite layoff is defined
as a layoff which is uncertain in duration and is expected to be in
excess of fourteen (14) days.
Permanent layoff is defined as a layoff resulting from the
abolishment of a department or classification or position where
there is no reasonable expectation of recall; from the
49

discontinuance of a service; or from any layoff in excess of six (6)
months. Per Diem employees shall be the first to be laid off and
the last to be recalled when there is reduction of the work force,
and short-hour employees shall be next according to seniority to
be laid off and recalled.
32.11 (a) Application of Seniority for Layoff: Seniority by classification
within each of the following listed "layoff seniority units" shall
apply in cases of layoff and rehire, or reduction and restoration of
hours, of regular full-time, regular part-time and short-hour
employee who have completed probationary periods as described
in Section 4, provided that where specialized work or skills is
involved, in cases of layoff and rehire, the employee or employees
remaining on the job or returning to work must be able to
properly perform the work to be done.
(b) Order of Layoff:
1) Per Diem Employees by Date of Hire
2) Short Hour Employees by Date of Hire
3) Regular Part-Time and Regular Full-Time Employees by
Date of Hire
"Layoff seniority units" are:
Service Unit:
(1)
Housekeeping,
Linen Department
(2)
Dietary Department
except for Cooks
(3)
Central Supply
Department
(4) Emergency Room
(5)
(6)
Nursery & Delivery
Room
Psychiatric
Department
(7)
(8)
Physical Therapy
Department
Medical/Surgical
Department, Pediatrics
Department, Post Partum
Department, Operating
Room, Transitional Care
Center, Transportation
Department,
Neuroscience, and
Rehabilitation Unit
(9) Cooks
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Clerical Unit:
(1) Laboratory
(2) Medical Records
(3) Communications (PBX)
(4) Radiology
(5) Admitting, Outpatient Registration and ER Registration
(6) All other clerical
32.12 Creation of New Departments. When a new department is
established, the parties will meet and confer over which transfer or
layoff seniority unit the department will be placed in, or if the
department shall be a new transfer or layoff seniority department.
32.13 (a) Temporary Layoff Procedure. In the event that a layoff in a
particular classification in a layoff seniority unit is expected by
the Medical Center to last for fourteen (14) consecutive days or
less, the layoff shall be by normal seniority procedures with the
least senior employee on a layoff seniority unit shift who is
subject to layoff having the right to displace the least senior
employee with less seniority working on any following shifts in
the same classification and layoff seniority unit. An employee
will not suffer any loss in accrual of benefits for such a layoff.
(b)
Indefinite and Permanent Lay Off Procedure. If the layoff lasts
for more than fourteen (14) days, the layoff shall be according
to the procedure in Paragraph 32.11 above.
32.14 Notice of Lay Off. The Medical Center will give the Union at least 10
working day's notice of departments in which a permanent layoff
may occur. Prior to any such reduction in force, the Medical Center
will meet with the Union to advise it of the reasons for the action and
its impact. The Union may offer, for the Medical Center's
consideration, possible alternatives to the action.
32.15 (a) Avoidance of Lay Offs. The Medical Center shall make every
effort insofar as practicable to provide continued employment
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to employees and to avoid displacing employees through
reductions in force, reduction in hours, daily cancellations or
job eliminations on a temporary, indefinite, or permanent basis.
When the Medical Center, due to changing conditions,
determines that permanent reductions are necessary, the
Medical Center will make every reasonable effort to make use
of attrition, business growth, job matching, retraining and/or
other mechanisms reasonably available to the Medical Center to
minimize the impact of these reductions and to maximize its
ability to offer continuing employment. The Medical Center
and the Union agree that cross training can be an effective
mechanism to minimize the need for daily cancellations or
short term or long term displacement and towards that end will
implement cross training as described below in Sections 33.6
and 33.7.
(b)
(c)
Opportunities for Reassignment or Floating. The Parties agree
that employees faced with displacement from their positions
shall be given first consideration for reassignment or floating
wherever possible in lieu of involuntary reduction. Daily
cancellations and reduction of hours shall be handled in
accordance with Sections 19.4(1); 19.4(2) and 32.10, and
permanent lay-offs shall be handled in accordance with Section
32.
Opportunities in Cases of Permanent Lay Off. In the event of
permanent layoff, the parties agree that employees faced with
displacement from their positions shall be given first
consideration for reassignment to a posted position in either of
the bargaining units covered by this agreement at the Medical
Center, in accordance with seniority, in lieu of involuntary
reduction. Employees facing permanent layoff may be placed in
a posted available position for which the employee could be
qualified within 90 days of the reduction through on-site
training provided by the Medical Center, for positions that do
not require licensing or certification. If no position is available
for which the employee facing displacement is qualified, the
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employee shall be offered severance pay in accordance with
Section 43, or may be placed on the Recall List. If the employee
is placed in a new position, and does not competently perform
the work of the new position within 90 days, the employee will
not be eligible for the recall list but will be eligible for severance
in accordance with Section 43. Employees placed in a new
position shall receive the wage rate of the newly accepted
position at the employee's current wage step, immediately
upon placement in the new position, including the 90-day
training program.
In reference to the above provisions, it is not the intent of the
parties to prefer less senior affected employees for vacancies or
retraining obligations before more senior qualified employees.
In such cases, the parties will fill vacancies for positions and
retraining opportunities by seniority, as provided for by the
terms of this Agreement, and then use vacant positions to back
fill the lower seniority affected employee.
(d)
Recall Rights. Permanently laid off employees who decline the
severance package will be placed on a recall list for a period of
one year. Recall of employees to regular positions in a
particular classification and department from a permanent
layoff shall be by seniority, provided the employee returning to
work meets the minimum qualifications at the time of recall.
Laid off employees may be recalled to their previous position
from which they were displaced or to a new position for which
they may become qualified within 90 days with on the job
training. Employees, who do not competently perform the
work in the new position within 90 days, will not be returned to
the recall list, but are eligible to receive severance in accordance
with Section 43. If a benefited employee accepts a position
which is less than FTE (full-time equivalent) component,
he/she shall remain on the recall list until he/she is restored to
his/her full FTE (full-time equivalent) component.
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SECTION 33.
POSTING OF POSITIONS, TRANSFER,
AND CROSS TRAINING
33.1 Posting of Temporary and Permanent Vacancies. When a permanent
vacancy, or a temporary vacancy scheduled to extend for thirty (30)
or more days, or for three (3) or more weeks of vacation time, occurs
in a job covered by this Agreement, such job vacancy shall be posted
by the Medical Center for five (5) days before being filled to allow
interested employees to make written application. During such five
(5) day period, the Medical Center may make temporary assignments
to the job. A job vacancy created by the transfer of an employee into
another temporary vacancy shall not in turn be subject to posting.
33.2 Permanent Vacancies. Employees of the Medical Center may bid on
positions posted according to the procedures, which follow:
In the case of a permanent full-time or regular part-time or short hour
vacancy on the same shift or another shift, employees shall, upon
written bid under 33.1 "Posting , of Temporary and Permanent
Vacancies", be considered for the vacant position in the following
order of seniority if they meet the qualifications of the job. Minimum
qualifications shall appear on position postings.
Regular employees from the same transfer seniority unit at the same
facility including regular employees on layoff, and regular employees
who remain on the recall list who have been laid off.
Regular employees from other transfer seniority units and short-hour
employees from the same transfer seniority units at the same facility,
including such employees on layoff, and regular employees who
remain on the recall list.
Per Diem employees from the same transfer seniority unit at the same
facility.
Short-hour employees from other transfer seniority units at the same
facility.
Per Diem employees from other transfer seniority units at the same
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facility.
Applicants who are former employees who left in good standing
with not more than one (1) year's absence from the Employer.
Other applicants. The Medical Center shall retain the full right to hire
external candidates to fill vacancies, however, it shall grant
preference in filling vacancies first to qualified candidates from other
affiliates who work or worked in positions represented by the Union
and second to qualified candidates from other affiliates over outside
applicants.
33.3 Supervisory Positions. In the event a vacancy in a supervisory job is
not filled by an applicant from the same classification, interested
candidates may make application and such application will be
seriously and impartially considered by the Medical Center in the
light of the applicant's merit, skill, ability and leadership qualities.
Selection of a particular individual to fill such vacancy shall be at the
sole discretion of the Medical Center.
33.4 "Transfer seniority units" are:
Service Unit:
(1) Housekeeping, Linen Distribution, and Dietary (except
for Cooks) Departments.
(2) Central Supply Department.
(3) Emergency Department.
(4) Nursery and Delivery Room.
(5) Psychiatric Department.
(6) Medical/Surgical Department, Pediatrics Department,
Post Partum Department, Operating Room, Physical
Therapy Department, Transitional Care Center,
Transportation Department, Neuroscience, and
Rehabilitation Unit.
(7) Cooks.
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Clerical Unit:
(1) Laboratory
(2) Medical Records
(3) Communications (PBX)
(4) Radiology
(5) Admitting, Outpatient Registration and ER Registration
(6) All other clerical
33.5 Linen/ EVS Cross Training. The Medical Center will be allowed to
offer cross-training to bargaining unit employees to work in linen
distribution. Employees will volunteer for the cross-training and
upon the successful completion of the training shall be eligible for
listing as available for the work to be done. Employees who choose to
be cross-trained will not be required to perform the linen distribution
function in conjunction with their normal job duties. Employees who
perform the linen duties shall continue to receive their regular rate of
pay for all hours worked.
33.6 Cross Training in Linen/Housekeeping/Dietary. Within 6 months of
the effective date of this agreement, the Medical Center will initiate
cross-training for employees in Linen Distribution, Housekeeping,
and Dietary, based on assessed needs in each department as
determined by the Medical Center. The purpose of the cross-training
initiative is to fill short-term vacancies caused by vacations, sick leave
or other similar absences of regular staff. Cross training shall be
based on guaranteed availability, job performance, and the ability to
become competent in the new position within three days of cross
training. The provisions of this paragraph are limited to those
employees who volunteer for such cross training, and will not be
mandatory for any employee who chooses not to take advantage of
the opportunity.
33.7 Cross Training to Transport. Nursing Assistants who are currently
assigned transport duties shall be grandfathered in the
NA/Transport pool. Additional opportunities to be oriented and
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cross-trained for transport duties shall be made available to any
Nursing Assistant who requests and is physically capable of
performing transport duties. Such employees shall be offered
available transport work on a voluntary basis, by seniority.
33.8 Sutter Health Affiliate Inter-Affiliate Employment Policy. Effective
upon ratification of the Agreement, The Sutter Health Affiliate Inter-
Affiliate Employment Policy shall apply to eligible employees
covered by this Agreement (see Section 32 above.)
SECTION 34.
NURSING ACUITY COMMITTEE
34.1 Two Licensed Vocational Nurses will be added to the Nursing Acuity
Committee to review nursing acuity issues at the Medical Center.
SECTION 35.
HEALTH AND SAFETY
35.1 It is the responsibility of the Medical Center to provide safe and
healthy working conditions. Toward that end, the Medical Center
agrees to make every reasonable effort to ensure acceptable working
conditions and to provide appropriate standards of workplace
sanitation, ventilation, cleanliness, light, noise control, adequate
heating and air conditioning, and health and safety in general. The
Medical Center further agrees to comply with all applicable local,
state and federal health and safety laws and regulations.
SECTION 36.
SAFETY COMMITTEE
36.1 Two (2) members of the Medical Center Safety Committee shall be
employees in the unit covered by this Agreement and shall be
designated by the Union. In the absence of any such member, the
Union may designate a replacement. Any member designated by the
Union shall serve on the Committee for a maximum of six
consecutive months in any 24-month period and designations shall
be rotated among all departments covered by this Agreement.
36.2 Upon request, the Union shall be supplied with a copy of the Medical
Center's safety manual.
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SECTION 37.
STAFFING COMMITTEE
37.1 Patient Care and Staffing
The Employer and the Union agree that quality patient care and an
appropriate working environment require adequate staffing (which
includes clinical, clerical, technical and service staff), and that staffing
levels within all departments vary with census, acuity, shift, the
specialization of various areas, changes in the specialization of the
units, structural changes in delivery of patient services and
qualitative change in average acuity. There shall be a Staffing
Committee comprised of up to six (6) bargaining unit employees
selected by the Union and up to six (6) representatives of the Medical
Center selected by the Employer. In addition to the six (6) from each
side, both a Union staff representative and a Human Resources
representative may participate in the Staffing Committee meetings.
The parties may mutually agree to expand the number of
representatives as the need may arise.
Staffing levels and patient services delivery method may be reviewed
by the Staffing Committee. Proposed changes in staffing levels (i.e.,
changes in matrices and changes in the number of positions staffed in
units that do not use matrices), changes in staffing, if any due to the
implementation of the Electronic Medical Records (EMR) and
changes in patient service delivery methods that are mandatory
subjects of bargaining shall be submitted to the Staffing Committee at
least thirty (30) days in advance of the proposed change; except that
changes due to the implementation of the EMR shall be submitted to
the Patient Care and Staffing Committee at least six (6) months in
advance of the proposed change.
37.2 Meetings
The Staffing Committee is guaranteed one meeting a month,
provided five (5) days notice is given by the moving party, along
with an oral or written proposed agenda. Authorized employee
representatives will be granted time off to attend Staffing Committee
meetings, provided they have given their supervisors at least five (5)
days notice. When an employee cannot be granted the requested time
off due to staffing requirements, the committee meeting may be
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escheduled within five (5) days at the discretion of the Union.
Additional meetings in a given month may be arranged and
scheduled by mutual agreement.
37.3 Compensation
Employee representatives on the Staffing Committee shall be
compensated at straight-time for attendance at Staffing Committee
meetings. The Employer will allow four (4) hours per month of paid
time for each employee member of the Staffing Committee to attend
Staffing Committee meetings.
37.4 Information Requests
Upon request of a member of the Staffing Committee, the Staffing
Committee shall be provided with all relevant information related to
the subject matter in this Section under discussion.
37.5 Review Committee
At the request of either party, a difference of opinion between the
representatives of the Staffing Committee regarding staffing levels, a
proposed change in staffing levels or the patient services delivery
method shall be referred to the Review Committee. If either party
jointly or individually has determined that the process has
stalemated (in its own discretion), the issue may be unilaterally sent
to the Review Committee. The Review Committee will be the
exclusive means for resolving any such differences of opinion and
shall be composed of:
(a)
(b)
The President of the Union or designee and one (1) Union
member of the Staffing Committee.
Two (2) members of the Medical Center's management team.
37.6 Review Committee Meetings
A meeting shall be held within ten (10) days of the referral, unless the
Review Committee mutually agrees otherwise. The purpose of the
meeting will be to jointly review the original problem presented by
the Staffing Committee, together with a summary of the information
exchanged between the parties on the problem or change proposed
59

since its original presentation and to begin joint explorations leading
to resolution of the matter. The recommendation of the Review
Committee shall be reached within thirty (30) days of the Staffing
Committee's last meeting regarding the issue.
37.7 Dispute Resolution: Neutral Third Party
In the event the Review Committee is unable to reach agreement on a
recommendation by the timeline set forth above, a mutually agreed
upon third party neutral may be brought in to join the committee. In
the event the Review Committee remains unable to resolve the issue,
the third-party neutral shall decide the final resolution which will be
implemented. In reaching resolution, the third-party neutral must
issue an award that meets the standards in the Solucient Action O I,
top 25 th percentile national benchmarking standards for the
appropriate department in question, and also take into account
information regarding area and quality care standards regarding
staffing, other applicable state and federal laws, physician
recommendations regarding quality of care, business needs, and any
other relevant information presented by the parties. In the case of
disputes arising out of the implementation of EMR, the third party
neutral shall have the authority to determine the reasonableness of
each party’s position in fashioning a decision. For those applicable
licensed classifications, the neutral third party's award shall be in
compliance with AB 394. In making a final decision on the issue
presented to the Review Committee, based on the information
presented by the parties, the neutral third party will be acting as a
labor arbitrator, and the decision will be treated as final and binding
by the parties. Either the Union or the Medical Center may seek to
vacate the decision pursuant to applicable state or federal law. The
neutral-third party shall issue his or her award within thirty (30) days
of joining the committee.
37.8 Selection and Qualifications of Neutral Third Party
Unless the parties agree otherwise, the third party neutral shall be
selected by alternate striking (first strike determined by lot) from one
of the following five (5) persons:
a. Tom Angelo
60

. Boren Chertkov
c. Ken Silbert
d. Lou Zigman
e. David Nevins
37.9 Implementation of Changes in Staffing or Patient Services Delivery
Methods
Notwithstanding this process, the Medical Center may implement a
proposed staffing level change or patient services delivery method
that is a mandatory subject of bargaining either upon agreement with
the Union if the neutral third party has not issued his or her award
within thirty (30) days of joining the committee, or following sixty
(60) days after it is proposed by the Medical Center if a neutral third
party is not going to be issuing an award on this proposed change.
The parties agree that any staffing level change that is implemented
by the Medical Center pursuant to this subsection that has not been
agreed to by the Union is subject to being reversed on a prospective
basis by the neutral's award under Section 37.7 above.
37.10 Limitation on Number of Awards
The Union may seek a final and binding decision from a third-party
neutral under this Section of the contract no more than two times per
anniversary year of the contract and each such decision shall cover no
more than a single proposed staffing level or patient services delivery
change; except that the Union may refer any and all disputes arising
due to the proposed implementation of EMR, and the request for
dispute resolution may include multiple staffing or patient care
issues.
37.11 Electronic Medical Records
Changes due to the implementation of EMR that are mandatory
subjects of bargaining shall be referred to the Patient Care and
Staffing Committee at least six (6) months in advance of any
proposed change.
37.12 Implementation of Staffing Ratios
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Changes in staffing ratios may be referred to the Staffing Committee.
SECTION 38.
VACCINE
38.1 Hepatitis B Vaccine shall be made available free of charge to the
following groups of employees - housekeeping, central supply and
nursing - at the employee's request, subject to review by the infection
control nurse.
SECTION 39.
EDUCATIONAL LEAVE
39.1 Regular employees shall be entitled to forty (40) hours' leave with
pay each year following completion of one (1) year of service, to
attend courses, institutes, workshops or classes of a job-related
educational nature provided:
1) The employee shall apply in writing four (4) weeks in advance or
within three (3) days of the date on which the nursing office
posted the notice of the particular educational program,
whichever is later, specifying the course, institute, workshop or
class he or she wishes to attend.
2) The employee obtains permission from his or her supervisor to
attend.
3) Such leave shall not unduly interfere with staffing.
4) Such leave is job-related or relates to a job or jobs to which the
employee can expect to transfer or be promoted in the usual
course of eligibility.
39.2 In computing said forty (40) hours, time away from the employee's
job at the Medical Center is counted rather than time spent at the
class or lecture, etc.
39.3 Permission for such job-related educational leave will not be
unreasonably denied. The Medical Center shall give written notice to
the employee within fifteen (15) days of the employee's application as
to whether it is approved or not.
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39.4 Educational leave shall be granted in increments of one (1) hour or
more, provided that the leave either commences with the start of the
employee's shift or continues to the end of the employee's shift.
Educational leave shall not be applicable to educational programs
given at the Medical Center; however, an employee desiring to attend
a program that is job-related, which is given during the employee's
working hours, will be allowed to do so without a reduction in pay,
provided the program is not also scheduled to be given at a time
outside the employee's working hours and provided further that the
employee requests to attend, and staffing, in the judgment of the
employee's supervisor, permits attendance.
39.5 An eligible employee who chooses not to make application for jobrelated
educational leave waives it for that year. If such employee
requests job-related educational leave and does not receive it in a
particular year for which he or she is qualified, the employee may
accumulate it for the following year. If the Medical Center wishes the
employee to engage in an outside educational program, the Medical
Center and the employee may mutually agree that this is charged
against the employee's job-related educational leave. If the employee
declines to engage in such educational program, the Medical Center
has the option to withdraw the request or to require the employee to
engage in such program, in which event it is not charged against his
or her job-related educational leave.
Regular employees may carry-over a maximum of five (5) days
Education Leave in any year in which such leave was requested but
which the Medical Center was unable to grant. Such accumulated
leave shall not extend beyond the immediate next year, and total
Education Leave shall not exceed ten (10) days in any one -year.
39.6 The employee shall be required by the Medical Center to make a
report on such job-related educational leave activity and give
evidence of satisfactory attendance.
SECTION 40.
IN-SERVICE PROGRAMS
40.1 In-service medical/surgical programs will be made available to
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LVN's and shall be open to participation by LVN's upon request, at
the Medical Center's designation.
SECTION 41.
STUDENTS AND TRAINEES
41.1 The presence of students or trainees at the Medical Center shall not
result in the reduction of work hours of any employee covered by
this Agreement.
SECTION 42.
BULLETIN BOARD
42.1 The Medical Center shall provide to the Union bulletin boards for the
purposes of posting notices and other relevant Union material in the
following area:
Existing bulletin Board on the ground floor of the Medical
Center adjacent to the cafeteria
42.2 The Union will provide a copy of postings to Human Resources at or
about the same time (i.e. within two hours) of its posting. Such notice
will remain posted for a reasonable time commensurate with its
purpose. The Medical Center may remove a bulletin that a reasonable
person would find offensive, for example because it is inflammatory,
derogatory, or involves a personal attack.
42.3 The Union bulletin boards adjacent to the cafeteria shall be
designated as a Union bulletin board and shall be equipped with
protective covering. Keys to the Bulletin Board shall be furnished to
the Chief Steward(s).
SECTION 43.
SEVERANCE PAY
43.1 Regular employees who are permanently laid off as a result of a
reduction in force shall be entitled to severance pay in the following
amount, provided they choose to waive all further seniority rights to
reinstatement to their jobs:
6 months to 4 years of service 2 weeks pay
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5-9 years of service 3 weeks pay
10-14 years of service 4 weeks pay
15-19 years of service 6 weeks pay
20-24 years of service 7 weeks pay
25-29 years of service 8 weeks pay
Thereafter, one additional week of pay for each succeeding five-year
increment. To qualify for severance pay, the employee must sign a
waiver of reinstatement rights within 30 days of the commencement
of the layoff.
SECTION 44.
MERGER, SALE OR CLOSURE
44.1 In the event of a merger, sale, closure, leasing assignment,
divestiture, or other-transfer of ownership of the Medical Center or
one of its patient care facilities in which represented employees work,
the Employer shall comply with the following:
1) Notification. The Employer shall notify the Union in writing at
least ninety (90) days prior to taking any action described in the
preceding paragraph, except Medical Center closure for which
six (6) months advance notice is required.
2) Successor. This Agreement shall be binding upon the Union
and the Employer or any successor thereof whether the
succession be by any of the means described above as it applies
to the business of the Employer, in whole or in part, or to any
change in management companies.
3) Conditions and Liabilities. In the event the Employer desires to
sell or otherwise, transfer the establishment or engage in any
other future acts set forth above and covered by this
Agreement, it shall be a condition of the sale and/ or transfer
and inserted into any agreement of sale or management
contract that this collective bargaining agreement and all its
65

obligations thereof shall be binding upon any purchaser or
transferee, except the purchaser or transferee may offer
comparable benefit plans in lieu of the Medical Center's plans.
Prior to taking any action described in this provision, the
Employer shall comply with all its legal and contractual
obligations regarding the compensation and payment due and
owing to the employees or the Union.
4) Change of Name: In the event Eden Medical Center engages in
a mere name change not involving a transaction covered under
44.1 (1), if the Agreement is unexpired, the Medical Center shall
maintain all terms and conditions of the Agreement. In the
event the Agreement is expired at the time of the name change,
the Medical Center shall maintain the status quo set by the
terms and conditions of the Agreement, subject to parties’
bargaining rights and obligations at that time.
SECTION 45.
UNION REPRESENTATIVE
45.1 The Field Representative or qualified representative of the Union
shall be allowed to visit the Medical Center for the purpose of
ascertaining whether or not this Agreement is being observed. This
privilege shall be exercised reasonably.
45.2 The Field Representative or qualified representative of the Union
shall report to a designated management official when entering the
Medical Center and such representative shall not interfere with the
normal conduct of work in the Medical Center.
45.3 The Union representative conferring with employees and Shop
Stewards will do so only upon their own free time and in public areas
within the Medical Center, such as the cafeteria or in designated nonwork
areas.
45.4 The Shop Steward shall perform his/her functions outside of his/her
working hours on his/her own time. The Shop Steward shall not
direct any employee how to perform or not perform the employee's
work; shall not countermand the order of any supervisor; and shall
66

not interfere with the normal operations of the Medical Center or any
other employee. His/her activities as a Shop Steward shall in no way
interfere with his/her assigned duties as an employee.
45.5 The Medical Center will pay up to 12 hours per bargaining unit
(service and clerical separately) per month to allow stewards to
attend the monthly steward council meeting, training and other
Union-sponsored meetings. Hours shall be taken out of the overall
education leave allocation made available to all employees and
administered as education leave.
45.6 Notices which the Union desires to be posted on Medical Center
bulletin boards shall be submitted to the Medical Center for
approval.
45.7 The Union will designate its Bargaining Committee in compliance
with the National Labor Relations Act. The Medical Center shall pay
up to twenty-four (24) hours per bargaining unit (service and clerical
separately) per campus of paid release time for each contract
bargaining session. If the Union wants more than this designated
number of hours, it shall be responsible for the lost time. The
Employer will make every reasonable effort to ensure that bargaining
team members are released. The compensation to be paid to a.
committee person by the Medical Center for work days missed shall
include the employee's wages, differentials, payment of health and
dental premiums, PTO/ESL accruals, seniority accrual, and any
coverage for which the employee is otherwise eligible. The Union
shall notify the Medical Center at least one (1) week in advance of the
first negotiating meeting of the names of the committee persons and,
in the event of changes in the committee after the first meeting, the
Union shall notify the Medical Center at least twenty-four (24) hours
prior to any meeting of any changes in the committee for such
meeting. Each of the committee members designated by the Union
shall be from a different department of the Medical Center. The
Union will exercise its best efforts to ensure that alternates will be
from the affected departments.
45.8 Within two (2) weeks of appointing any shop steward, the union will
67

notify the Medical Center of such appointment so that the Medical
Center will be aware of the employee’s authorization to act as shop
steward.
SECTION 46.
GRIEVANCE PROCEDURE AND
ARBITRATION
46.1 Step One: Any problem arising in connection with the application or
interpretation of the provisions of this agreement, including the
problems of discharge or layoff, which cannot be amicably adjusted
between an employee of the Medical Center and the department
Director, or such other person as the Medical Center may designate,
shall be reduced to writing, signed by the employee or Union
representative, and submitted to the Human Resources Director
within thirty (30) days of the alleged occurrence giving rise to the
grievance.
46.2 Step two: Within seven (7) days of receipt of the written grievance by
the Medical Center, the parties shall meet and attempt to resolve the
matter. The Human Resources Director or designee shall respond in
writing within fifteen (15) days of the meeting.
46.3 Step Three: If the grievance is not resolved in Step two above, the
Union may submit the matter in writing to the Medical Center
Administrator within thirty (30) days of the step two meeting. Within
seven (7) days of receipt of the written submission to Step 3, the
parties shall meet and attempt to resolve the matter. The Medical
Center Administrator or designee shall respond in writing within
fifteen (15) days of the meeting.
46.4 Arbitration: If the grievance is not resolved in step three above, the
union may submit the matter in writing to arbitration within thirty
(30) days of the Step three meeting.
The request for arbitration shall be sent to the director of Human
Resources.
46.5 Upon receipt of a timely, written request, the Union and the Medical
Center shall select an impartial third party to be the arbitrator to hear
68

and determine the issues. The decision of the arbitrator shall be final
and binding on all parties, subject to the limitations of jurisdiction
and authority contained in 46.6 below. In the event the parties cannot
agree on the selection of an impartial third party, they shall request a
list of arbitrators from the American Arbitration Association and/or
the Federal Mediation and Conciliation Service. The parties shall
alternately strike names from such list until one name remains, which
person shall be the Arbitrator.
46.6 The arbitrator shall have no power to add to, subtract from, or to
change any of the terms or provisions of this agreement. Jurisdiction
shall extend solely to claims of violation of specific written provisions
of the agreement and involve only the interpretation and application
of such agreement. The decision and award shall be based upon the
joint submission agreement of the parties or, in the absence thereof,
the questions raised by the parties with respect to the specific
interpretation and application of the agreement.
46.7 If the Medical Center fails to meet any of the foregoing time limits,
the Union shall have the right to move the problem directly to a
request for arbitration. If the Union fails to meet any of the foregoing
time limits, the grievance shall be considered waived. Any time limits
may be extended by mutual agreement, set forth in writing and
signed by the parties.
46.8 Each party shall bear all the expenses of its own witnesses. The fee of
the Arbitrator, as well as other expenses connected with the formal
hearing, shall be borne equally by both parties.
46.9 The parties agree to furnish in a timely manner information
requested by the other party related to a particular grievance,
consistent with the requirements of state and federal law. The parties
agree that information requests shall be either made or confirmed in
writing by the requesting party.
SECTION 47.
WORK REDESIGN
47.1 Work redesign is defined as any modification in the current system of
69

patient care delivery affecting job responsibilities and requiring a
change to a job description. Prior to the implementation of any work
redesign involving bargaining unit employees, the Medical Center
shall follow the provisions in paragraph 11.20 and 11.21. If necessary,
any program involving work redesign shall include a provision for
the training of bargaining unit employees to meet minimum
qualifications with the costs to be borne by the Medical Center.
47.2 Any position created as a result of work redesign which includes
duties previously performed by bargaining unit employees shall be
subject to the following criteria:
1) If one-half (½) or more of the duties included in the new
position as evidenced by percentages of time shown on job
descriptions as required by the Joint Commission, were
previously performed by bargaining unit employees, the
position shall automatically be included in the bargaining unit.
2) If less than one-half (½) of the duties included in the new
position were previously performed by bargaining unit
employees, the Medical Center and Union, at the request of
either party, shall meet and confer on whether the position
should be included in the bargaining unit.
3) In the event differences of opinion involving inclusion of new
positions in the bargaining unit cannot be resolved by meeting
and conferring, the Union shall have the right to submit such
differences to the Management Committee of the Board of
Directors of the Medical Center for final determination.
SECTION 48.
CAREER OPPORTUNITIES
48.1 The Medical Center will provide for an Educational Assistance
Tuition Reimbursement plan available to all benefit eligible
employees who have completed one (1) year of continuous
employment and have a satisfactory performance review rating.
Covered expenses: 100% Of Tuition, fees and textbooks for qualified
courses are covered according to the following provisions:
70

Advance approval and successful completion are required before
reimbursement of costs covered under this part of the plan will be
made.
Reimbursement may not exceed $1,200 per twelve (12) month period.
48.2 Training And Upgrade: Eden agrees to maintain a Training and
Upgrade Fund in which it will contribute at least .25% of gross
payroll of SEIU represented employees of the Medical Center which
is reconciled at the end of each calendar year. The training fund shall
be jointly administered by three (3) representatives chosen by the
Union and three (3) representatives chosen by the Employer. At least
one of the Union's representatives may be, at the Union's sole
discretion, a SEIU staff representative. The Employer will continue to
pay all SEIU represented employees who are employed by Eden
Medical Center and who serve as administrators of the fund for time
spent in the administrative meetings of the fund, up to their
scheduled FTE (full-time equivalent) hours.
48.3 The purpose of the fund shall be to provide extensive training and
retraining opportunities, including reduced work schedules,
childcare, adult basic education, and other training programs that
will enable Eden Medical Center employees to pursue enhanced
career opportunities with Eden Medical Center. Eden Medical Center
agrees to bear all administrative costs to the program(s) and the .25%
annual contribution. The administrative costs will be paid from the
training fund. It is the intent of the parties that the fund is to be fully
expended each year. Additionally, it is the intent of the parties to
create no unnecessary impediments to access by the employees to
these funds.
For the year 2009 only, the monies remaining in the fund at the end of
the year shall be rolled-over into the 2010 funds so long as the
Medical Center and the Union agree on the criteria for disbursement
no later than December 31, 2009. The parties agree to meet and
discuss the criteria a minimum of four (4) times prior to December 15,
2009. The meetings shall be at reasonable times mutually agreed
upon by the parties.
71

Decisions by the jointly administered fund shall be by consensus and
if consensus cannot be reached, the committee members will vote,
with representatives from both parties voting in equal numbers.
SECTION 49.
STANDARDS PRESERVED
49.1 The parties agree that they do not intend that any employee shall
suffer any unanticipated loss of benefits, economic or otherwise, as a
result of this agreement, but the parties acknowledge that the new or
revised terms of this agreement will result in modifications and
changes to the benefits provided to the employees and that these
changes are not to be affected by this provision.
SECTION 50.
NO STRIKE OR LOCKOUT
50.1 There shall be no strike, slowdown, or other stoppage of work by
Union employees and no lockout by the Medical Center during the
life of this Agreement.
72

APPENDIX A:
30SE
Effective 12/20/09
WAGE SCALES
Clerical Unit 12/20/09 thru 12/19/10
Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9
Van Driver 1 $13.86 $14.28 $14.71 $15.14 $15.60 $16.07 $16.55 $17.05 $17.56
Mail Clerk Trainee 2 $14.76 $15.20 $15.66 $16.13 $16.61 $17.11 $17.63 $18.15 $18.70
Vacant 3
Vacant 4
Medical Records Clerk I 4A $17.85 $18.39 $18.93 $19.50 $20.09 $20.69 $21.31 $21.95 $22.61
Medical Records Assistant 5 $16.95 $17.47 $17.99 $18.53 $19.09 $19.66 $20.25 $20.86 $21.49
Medical Records Clerk II 5A $18.59 $19.15 $19.72 $20.31 $20.92 $21.55 $22.20 $22.87 $23.55
Admin. Assistant I 6 $17.63 $18.17 $18.72 $19.27 $19.85 $20.45 $21.06 $21.69 $22.34
Admin. Clerk 6 $17.63 $18.17 $18.72 $19.27 $19.85 $20.45 $21.06 $21.69 $22.34
Unit Secretary I 6 $17.63 $18.17 $18.72 $19.27 $19.85 $20.45 $21.06 $21.69 $22.34
Medical Records Clerk 6A $19.33 $19.91 $20.51 $21.13 $21.76 $22.41 $23.08 $23.78 $24.49
Acuity Auditor 7 $18.45 $19.00 $19.58 $20.17 $20.76 $21.39 $22.03 $22.69 $23.37
Admin. Assistant II 7 $18.45 $19.00 $19.58 $20.17 $20.76 $21.39 $22.03 $22.69 $23.37
Courier/Storekeeper 7 $18.45 $19.00 $19.58 $20.17 $20.76 $21.39 $22.03 $22.69 $23.37
Department Secretary/Recept. 7 $18.45 $19.00 $19.58 $20.17 $20.76 $21.39 $22.03 $22.69 $23.37
Histology Assistant 7 $18.45 $19.00 $19.58 $20.17 $20.76 $21.39 $22.03 $22.69 $23.37
Medical Records Assistant II 7 $18.45 $19.00 $19.58 $20.17 $20.76 $21.39 $22.03 $22.69 $23.37
PBX/Mail Clerk 7 $18.45 $19.00 $19.58 $20.17 $20.76 $21.39 $22.03 $22.69 $23.37
PBX/Mail Tech Specialist 7 $18.45 $19.00 $19.58 $20.17 $20.76 $21.39 $22.03 $22.69 $23.37
Transcription/Coding Auditor 7 $18.45 $19.00 $19.58 $20.17 $20.76 $21.39 $22.03 $22.69 $23.37
Medical Records Clerk III 7A $20.23 $20.84 $21.45 $22.10 $22.76 $23.44 $24.15 $24.87 $25.63
Admin. Asst - Phys Med I 8 $19.38 $19.96 $20.56 $21.18 $21.82 $22.47 $23.14 $23.83 $24.56
Admin. Assistant III 8 $19.38 $19.96 $20.56 $21.18 $21.82 $22.47 $23.14 $23.83 $24.56
Admitting Representative 8 $19.38 $19.96 $20.56 $21.18 $21.82 $22.47 $23.14 $23.83 $24.56
Dept. Secretary I 8 $19.38 $19.96 $20.56 $21.18 $21.82 $22.47 $23.14 $23.83 $24.56
77

Outpatient Registration Rep/ED 8 $19.38 $19.96 $20.56 $21.18 $21.82 $22.47 $23.14 $23.83 $24.56
Outpatient Registration Rep 8 $19.38 $19.96 $20.56 $21.18 $21.82 $22.47 $23.14 $23.83 $24.56
Outpatient Registration Rep/Lobby 8 $19.38 $19.96 $20.56 $21.18 $21.82 $22.47 $23.14 $23.83 $24.56
Staffing Assistant 8 $19.38 $19.96 $20.56 $21.18 $21.82 $22.47 $23.14 $23.83 $24.56
Trauma Services Asst. 8 $19.38 $19.96 $20.56 $21.18 $21.82 $22.47 $23.14 $23.83 $24.56
Unit Secretary II 8 $19.38 $19.96 $20.56 $21.18 $21.82 $22.47 $23.14 $23.83 $24.56
Medical Records Float Clerk 8A $21.25 $21.89 $22.54 $23.22 $23.92 $24.63 $25.37 $26.13 $26.91
Admin Asst - Phys Med II 9 $20.46 $21.07 $21.70 $22.35 $23.02 $23.72 $24.43 $25.16 $25.91
Financial Counselor 9 $20.46 $21.07 $21.70 $22.35 $23.02 $23.72 $24.43 $25.16 $25.91
Histology Assistant I 9 $20.46 $21.07 $21.70 $22.35 $23.02 $23.72 $24.43 $25.16 $25.91
Insurance Verifier 9 $20.46 $21.07 $21.70 $22.35 $23.02 $23.72 $24.43 $25.16 $25.91
Medical Staff Assistant 9 $20.46 $21.07 $21.70 $22.35 $23.02 $23.72 $24.43 $25.16 $25.91
Radiology Scheduling Coord 9 $20.46 $21.07 $21.70 $22.35 $23.02 $23.72 $24.43 $25.16 $25.91
Secretary/Receptionist 9 $20.46 $21.07 $21.70 $22.35 $23.02 $23.72 $24.43 $25.16 $25.91
Senior Department Secretary 9 $20.46 $21.07 $21.70 $22.35 $23.02 $23.72 $24.43 $25.16 $25.91
Senior Storekeeper 9 $20.46 $21.07 $21.70 $22.35 $23.02 $23.72 $24.43 $25.16 $25.91
Surgery Scheduler 9 $20.46 $21.07 $21.70 $22.35 $23.02 $23.72 $24.43 $25.16 $25.91
Surgery Scheduling Coord. 9 $20.46 $21.07 $21.70 $22.35 $23.02 $23.72 $24.43 $25.16 $25.91
Utilization Secretary 9 $20.46 $21.07 $21.70 $22.35 $23.02 $23.72 $24.43 $25.16 $25.91
Vacant 10
PBX Mail/Tech Specialist
10X
Red circled rate, will become obsolete when PBX range meets or exceeds
or when incumbent retires $31.13
Transcriber II 12 $24.32 $25.05 $25.79 $26.57 $27.37 $28.19 $29.04 $29.90 $30.81
Transcriptionist 12 $24.32 $25.05 $25.79 $26.57 $27.37 $28.19 $29.04 $29.90 $30.81
Transcription/Quality Coord. 12 $24.32 $25.05 $25.79 $26.57 $27.37 $28.19 $29.04 $29.90 $30.81
78

APPENDIX B:
30SE
Effective 12/20/10
WAGE SCALES
Clerical Unit 12/20/10 thru 12/19/11
Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9
Van Driver 1 $14.28 $14.70 $15.15 $15.60 $16.07 $16.55 $17.05 $17.56 $18.09
Mail Clerk Trainee 2 $15.20 $15.66 $16.13 $16.62 $17.11 $17.63 $18.15 $18.70 $19.26
Vacant 3
Vacant 4
Medical Records Clerk I 4A $18.39 $18.94 $19.50 $20.08 $20.69 $21.31 $21.95 $22.61 $23.29
Medical Records Assistant 5 $17.46 $17.99 $18.53 $19.09 $19.66 $20.25 $20.86 $21.48 $22.13
Medical Records Clerk II 5A $19.15 $19.72 $20.32 $20.92 $21.55 $22.19 $22.86 $23.55 $24.25
Admin. Assistant I 6 $18.16 $18.71 $19.28 $19.85 $20.44 $21.06 $21.70 $22.34 $23.01
Admin. Clerk 6 $18.16 $18.71 $19.28 $19.85 $20.44 $21.06 $21.70 $22.34 $23.01
Unit Secretary I 6 $18.16 $18.71 $19.28 $19.85 $20.44 $21.06 $21.70 $22.34 $23.01
Medical Records Clerk 6A $19.91 $20.51 $21.12 $21.76 $22.42 $23.09 $23.77 $24.50 $25.23
Acuity Auditor 7 $19.00 $19.57 $20.17 $20.77 $21.39 $22.03 $22.69 $23.37 $24.07
Admin. Assistant II 7 $19.00 $19.57 $20.17 $20.77 $21.39 $22.03 $22.69 $23.37 $24.07
Courier/Storekeeper 7 $19.00 $19.57 $20.17 $20.77 $21.39 $22.03 $22.69 $23.37 $24.07
Department Secretary/Recept. 7 $19.00 $19.57 $20.17 $20.77 $21.39 $22.03 $22.69 $23.37 $24.07
Histology Assistant 7 $19.00 $19.57 $20.17 $20.77 $21.39 $22.03 $22.69 $23.37 $24.07
Medical Records Assistant II 7 $19.00 $19.57 $20.17 $20.77 $21.39 $22.03 $22.69 $23.37 $24.07
PBX/Mail Clerk 7 $19.00 $19.57 $20.17 $20.77 $21.39 $22.03 $22.69 $23.37 $24.07
PBX/Mail Tech Specialist 7 $19.00 $19.57 $20.17 $20.77 $21.39 $22.03 $22.69 $23.37 $24.07
Transcription/Coding Auditor 7 $19.00 $19.57 $20.17 $20.77 $21.39 $22.03 $22.69 $23.37 $24.07
Medical Records Clerk III 7A $20.84 $21.46 $22.10 $22.77 $23.45 $24.15 $24.88 $25.62 $26.40
Admin. Asst - Phys Med I 8 $19.97 $20.56 $21.18 $21.81 $22.47 $23.15 $23.84 $24.55 $25.29
Admin. Assistant III 8 $19.97 $20.56 $21.18 $21.81 $22.47 $23.15 $23.84 $24.55 $25.29
Admitting Representative 8 $19.97 $20.56 $21.18 $21.81 $22.47 $23.15 $23.84 $24.55 $25.29
Dept. Secretary I 8 $19.97 $20.56 $21.18 $21.81 $22.47 $23.15 $23.84 $24.55 $25.29
79

Outpatient Registration Rep/ED 8 $19.97 $20.56 $21.18 $21.81 $22.47 $23.15 $23.84 $24.55 $25.29
Outpatient Registration Rep 8 $19.97 $20.56 $21.18 $21.81 $22.47 $23.15 $23.84 $24.55 $25.29
Outpatient Registration Rep/Lobby 8 $19.97 $20.56 $21.18 $21.81 $22.47 $23.15 $23.84 $24.55 $25.29
Staffing Assistant 8 $19.97 $20.56 $21.18 $21.81 $22.47 $23.15 $23.84 $24.55 $25.29
Trauma Services Asst. 8 $19.97 $20.56 $21.18 $21.81 $22.47 $23.15 $23.84 $24.55 $25.29
Unit Secretary II 8 $19.97 $20.56 $21.18 $21.81 $22.47 $23.15 $23.84 $24.55 $25.29
Medical Records Float Clerk 8A $21.89 $22.54 $23.21 $23.91 $24.63 $25.37 $26.13 $26.92 $27.72
Admin Asst - Phys Med II 9 $21.07 $21.71 $22.35 $23.02 $23.71 $24.43 $25.16 $25.92 $26.69
Financial Counselor 9 $21.07 $21.71 $22.35 $23.02 $23.71 $24.43 $25.16 $25.92 $26.69
Histology Assistant I 9 $21.07 $21.71 $22.35 $23.02 $23.71 $24.43 $25.16 $25.92 $26.69
Insurance Verifier 9 $21.07 $21.71 $22.35 $23.02 $23.71 $24.43 $25.16 $25.92 $26.69
Medical Staff Assistant 9 $21.07 $21.71 $22.35 $23.02 $23.71 $24.43 $25.16 $25.92 $26.69
Radiology Scheduling Coord 9 $21.07 $21.71 $22.35 $23.02 $23.71 $24.43 $25.16 $25.92 $26.69
Secretary/Receptionist 9 $21.07 $21.71 $22.35 $23.02 $23.71 $24.43 $25.16 $25.92 $26.69
Senior Department Secretary 9 $21.07 $21.71 $22.35 $23.02 $23.71 $24.43 $25.16 $25.92 $26.69
Senior Storekeeper 9 $21.07 $21.71 $22.35 $23.02 $23.71 $24.43 $25.16 $25.92 $26.69
Surgery Scheduler 9 $21.07 $21.71 $22.35 $23.02 $23.71 $24.43 $25.16 $25.92 $26.69
Surgery Scheduling Coord. 9 $21.07 $21.71 $22.35 $23.02 $23.71 $24.43 $25.16 $25.92 $26.69
Utilization Secretary 9 $21.07 $21.71 $22.35 $23.02 $23.71 $24.43 $25.16 $25.92 $26.69
Vacant 10
PBX Mail/Tech Specialist
10X
Red circled rate, will become obsolete when PBX range meets or exceeds
or when incumbent retires $31.13
Transcriber II 12 $25.05 $25.80 $26.56 $27.37 $28.19 $29.04 $29.91 $30.80 $31.73
Transcriptionist 12 $25.05 $25.80 $26.56 $27.37 $28.19 $29.04 $29.91 $30.80 $31.73
Transcription/Quality Coord. 12 $25.05 $25.80 $26.56 $27.37 $28.19 $29.04 $29.91 $30.80 $31.73
80

APPENDIX C:
30SE
Effective 12/20/11
WAGE SCALES
Clerical Unit 12/20/11 thru 12/19/12
Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9
Van Driver 1 $14.71 $15.15 $15.60 $16.06 $16.55 $17.05 $17.56 $18.08 $18.63
Mail Clerk Trainee 2 $15.66 $16.13 $16.62 $17.12 $17.62 $18.16 $18.70 $19.26 $19.84
Vacant 3
Vacant 4
Medical Records Clerk I 4A $18.94 $19.51 $20.08 $20.69 $21.31 $21.95 $22.61 $23.29 $23.99
Medical Records Assistant 5 $17.99 $18.53 $19.09 $19.66 $20.25 $20.86 $21.48 $22.13 $22.79
Medical Records Clerk II 5A $19.72 $20.31 $20.93 $21.55 $22.19 $22.86 $23.55 $24.26 $24.98
Admin. Assistant I 6 $18.71 $19.28 $19.85 $20.44 $21.06 $21.69 $22.35 $23.01 $23.70
Admin. Clerk 6 $18.71 $19.28 $19.85 $20.44 $21.06 $21.69 $22.35 $23.01 $23.70
Unit Secretary I 6 $18.71 $19.28 $19.85 $20.44 $21.06 $21.69 $22.35 $23.01 $23.70
Medical Records Clerk 6A $20.51 $21.12 $21.76 $22.41 $23.09 $23.78 $24.49 $25.23 $25.99
Acuity Auditor 7 $19.57 $20.16 $20.77 $21.40 $22.03 $22.70 $23.37 $24.07 $24.79
Admin. Assistant II 7 $19.57 $20.16 $20.77 $21.40 $22.03 $22.70 $23.37 $24.07 $24.79
Courier/Storekeeper 7 $19.57 $20.16 $20.77 $21.40 $22.03 $22.70 $23.37 $24.07 $24.79
Department Secretary/Recept. 7 $19.57 $20.16 $20.77 $21.40 $22.03 $22.70 $23.37 $24.07 $24.79
Histology Assistant 7 $19.57 $20.16 $20.77 $21.40 $22.03 $22.70 $23.37 $24.07 $24.79
Medical Records Assistant II 7 $19.57 $20.16 $20.77 $21.40 $22.03 $22.70 $23.37 $24.07 $24.79
PBX/Mail Clerk 7 $19.57 $20.16 $20.77 $21.40 $22.03 $22.70 $23.37 $24.07 $24.79
PBX/Mail Tech Specialist 7 $19.57 $20.16 $20.77 $21.40 $22.03 $22.70 $23.37 $24.07 $24.79
Transcription/Coding Auditor 7 $19.57 $20.16 $20.77 $21.40 $22.03 $22.70 $23.37 $24.07 $24.79
Medical Records Clerk III 7A $21.46 $22.11 $22.76 $23.45 $24.15 $24.87 $25.62 $26.39 $27.19
Admin. Asst - Phys Med I 8 $20.57 $21.18 $21.81 $22.47 $23.14 $23.84 $24.55 $25.29 $26.05
Admin. Assistant III 8 $20.57 $21.18 $21.81 $22.47 $23.14 $23.84 $24.55 $25.29 $26.05
Admitting Representative 8 $20.57 $21.18 $21.81 $22.47 $23.14 $23.84 $24.55 $25.29 $26.05
Dept. Secretary I 8 $20.57 $21.18 $21.81 $22.47 $23.14 $23.84 $24.55 $25.29 $26.05
81

Outpatient Registration Rep/ED 8 $20.57 $21.18 $21.81 $22.47 $23.14 $23.84 $24.55 $25.29 $26.05
Outpatient Registration Rep 8 $20.57 $21.18 $21.81 $22.47 $23.14 $23.84 $24.55 $25.29 $26.05
Outpatient Registration Rep/Lobby 8 $20.57 $21.18 $21.81 $22.47 $23.14 $23.84 $24.55 $25.29 $26.05
Staffing Assistant 8 $20.57 $21.18 $21.81 $22.47 $23.14 $23.84 $24.55 $25.29 $26.05
Trauma Services Asst. 8 $20.57 $21.18 $21.81 $22.47 $23.14 $23.84 $24.55 $25.29 $26.05
Unit Secretary II 8 $20.57 $21.18 $21.81 $22.47 $23.14 $23.84 $24.55 $25.29 $26.05
Medical Records Float Clerk 8A $22.54 $23.22 $23.91 $24.63 $25.37 $26.13 $26.91 $27.72 $28.55
Admin Asst - Phys Med II 9 $21.70 $22.36 $23.02 $23.71 $24.42 $25.17 $25.92 $26.70 $27.49
Financial Counselor 9 $21.70 $22.36 $23.02 $23.71 $24.42 $25.17 $25.92 $26.70 $27.49
Histology Assistant I 9 $21.70 $22.36 $23.02 $23.71 $24.42 $25.17 $25.92 $26.70 $27.49
Insurance Verifier 9 $21.70 $22.36 $23.02 $23.71 $24.42 $25.17 $25.92 $26.70 $27.49
Medical Staff Assistant 9 $21.70 $22.36 $23.02 $23.71 $24.42 $25.17 $25.92 $26.70 $27.49
Radiology Scheduling Coord 9 $21.70 $22.36 $23.02 $23.71 $24.42 $25.17 $25.92 $26.70 $27.49
Secretary/Receptionist 9 $21.70 $22.36 $23.02 $23.71 $24.42 $25.17 $25.92 $26.70 $27.49
Senior Department Secretary 9 $21.70 $22.36 $23.02 $23.71 $24.42 $25.17 $25.92 $26.70 $27.49
Senior Storekeeper 9 $21.70 $22.36 $23.02 $23.71 $24.42 $25.17 $25.92 $26.70 $27.49
Surgery Scheduler 9 $21.70 $22.36 $23.02 $23.71 $24.42 $25.17 $25.92 $26.70 $27.49
Surgery Scheduling Coord. 9 $21.70 $22.36 $23.02 $23.71 $24.42 $25.17 $25.92 $26.70 $27.49
Utilization Secretary 9 $21.70 $22.36 $23.02 $23.71 $24.42 $25.17 $25.92 $26.70 $27.49
Vacant 10
PBX Mail/Tech Specialist
10X
Red circled rate, will become obsolete when PBX range meets or exceeds
or when incumbent retires $31.13
Transcriber II 12 $25.80 $26.58 $27.36 $28.19 $29.03 $29.91 $30.80 $31.72 $32.68
Transcriptionist 12 $25.80 $26.58 $27.36 $28.19 $29.03 $29.91 $30.80 $31.72 $32.68
Transcription/Quality Coord. 12 $25.80 $26.58 $27.36 $28.19 $29.03 $29.91 $30.80 $31.72 $32.68
82

APPENDIX D:
30SE-T
Effective 12/20/2009
WAGE SCALES
Service and Technical Unit
12/20/09 thru 12/19/10
Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Housekeeper I 1 $20.66 $21.02 $21.37 $21.73
Kitchen Helper 2 $20.90 $21.26 $21.62 $21.99
Linen Distributor 2 $20.90 $21.26 $21.62 $21.99
Nutrition Aide 2 $20.90 $21.26 $21.62 $21.99
Dishwasher/Potwasher 3 $21.07 $21.43 $21.80 $22.17
Housekeeper II 3 $21.07 $21.43 $21.80 $22.17
Kitchen Porter 3 $21.07 $21.43 $21.80 $22.17
Diet Aide I 4 $21.14 $21.50 $21.87 $22.23
Washer 5 $21.29 $21.65 $22.02 $22.39
Vacant 6
Central Supply Tech I 7 $21.54 $21.91 $22.27 $22.64 $23.05 $23.48
Physical Therapy Aide I 7A $21.54 $21.91 $22.27 $22.64 $23.00
Nurse Assistant 7A $21.54 $21.91 $22.27 $22.64 $23.00
MHA/NA (same as NA) 7A $21.54 $21.91 $22.27 $22.64 $23.00
Diet Aide II 8 $21.78 $22.15 $22.52 $22.90
Ortho Tech 9 $21.80 $24.07 $24.66 $25.27 $25.88 $26.62
Cook - All Other 10 $22.32 $22.70 $23.10 $23.71
Vacant 11
Central Supply Tech II 12 $22.55 $22.92 $23.30 $23.73 $24.16 $24.52
Lead Central Supply Tech
II 12A $25.64 $26.01 $26.39 $26.82 $27.25 $27.61
Second Cook 13 $23.43 $23.81 $24.19 $24.68 $25.16
NA/INS Tech 14 $23.62 $23.97 $24.33 $24.70 $25.07 $25.44
Physical Therapy Aide II 15 $23.78 $24.14 $24.51 $24.87 $25.23 $25.60
Emergency Dept. Tech 16 $24.13 $24.66 $25.27 $25.88 $26.62 $27.16
LVN 17 $28.71 $29.28 $29.97 $30.67 $31.38 $32.10
Surgical Technologist 19 $30.88 $33.14 $35.39 $37.65 $39.90
OB Tech 20 $22.53 $23.11 $23.70 $24.29 $24.93 $25.61
83

APPENDIX E:
30SE-T
Effective 12/20/10
WAGE SCALES
Service and Technical Unit
12/20/10 thru 12/19/11
Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Housekeeper I 1 $21.28 $21.65 $22.01 $22.39
Kitchen Helper 2 $21.52 $21.90 $22.27 $22.65
Linen Distributor 2 $21.52 $21.90 $22.27 $22.65
Nutrition Aide 2 $21.52 $21.90 $22.27 $22.65
Dishwasher/Potwasher 3 $21.70 $22.08 $22.45 $22.83
Housekeeper II 3 $21.70 $22.08 $22.45 $22.83
Kitchen Porter 3 $21.70 $22.08 $22.45 $22.83
Diet Aide I 4 $21.78 $22.15 $22.52 $22.90
Washer 5 $21.93 $22.30 $22.68 $23.06
Vacant 6
Central Supply Tech I 7 $22.19 $22.56 $22.93 $23.32 $23.74 $24.18
Physical Therapy Aide I 7A $22.19 $22.56 $22.93 $23.32 $23.69
Nurse Assistant 7A $22.19 $22.56 $22.93 $23.32 $23.69
MHA/NA (same as NA) 7A $22.19 $22.56 $22.93 $23.32 $23.69
Diet Aide II 8 $22.43 $22.81 $23.20 $23.59
Ortho Tech 9 $22.45 $24.79 $25.40 $26.03 $26.66 $27.42
Cook - All Other 10 $22.99 $23.38 $23.79 $24.42
Vacant 11
Central Supply Tech II 12 $23.23 $23.61 $23.99 $24.44 $24.89 $25.26
Lead Central Supply Tech
II 12A $26.41 $26.79 $27.18 $27.62 $28.07 $28.44
Second Cook 13 $24.14 $24.53 $24.92 $25.42 $25.92
NA/INS Tech 14 $24.33 $24.69 $25.06 $25.44 $25.82 $26.21
Physical Therapy Aide II 15 $24.49 $24.87 $25.24 $25.62 $25.99 $26.37
Emergency Dept. Tech 16 $24.85 $25.40 $26.03 $26.66 $27.42 $27.97
LVN 17 $29.58 $30.16 $30.87 $31.59 $32.32 $33.06
Surgical Technologist 19 $31.80 $34.13 $36.45 $38.78 $41.10
OB Tech 20 $23.20 $23.81 $24.41 $25.02 $25.67 $26.37
84

APPENDIX F:
30SE-T
Effective 12/20/11
WAGE SCALES
Service and Technical Unit
12/20/11 thru 12/19/12
Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Housekeeper I 1 $21.91 $22.29 $22.67 $23.06
Kitchen Helper 2 $22.17 $22.56 $22.94 $23.33
Linen Distributor 2 $22.17 $22.56 $22.94 $23.33
Nutrition Aide 2 $22.17 $22.56 $22.94 $23.33
Dishwasher/Potwasher 3 $22.36 $22.74 $23.13 $23.52
Housekeeper II 3 $22.36 $22.74 $23.13 $23.52
Kitchen Porter 3 $22.36 $22.74 $23.13 $23.52
Diet Aide I 4 $22.43 $22.81 $23.20 $23.59
Washer 5 $22.59 $22.97 $23.36 $23.75
Vacant 6
Central Supply Tech I 7 $22.85 $23.24 $23.62 $24.02 $24.45 $24.91
Physical Therapy Aide I 7A $22.85 $23.24 $23.62 $24.02 $24.40
Nurse Assistant 7A $22.85 $23.24 $23.62 $24.02 $24.40
MHA/NA (same as NA) 7A $22.85 $23.24 $23.62 $24.02 $24.40
Diet Aide II 8 $23.10 $23.50 $23.90 $24.30
Ortho Tech 9 $23.13 $25.53 $26.17 $26.81 $27.46 $28.24
Cook - All Other 10 $23.67 $24.08 $24.50 $25.15
Vacant 11
Central Supply Tech II 12 $23.92 $24.32 $24.71 $25.17 $25.63 $26.02
Lead Central Supply Tech
II 12A $27.20 $27.59 $27.99 $28.45 $28.91 $29.30
Second Cook 13 $24.86 $25.26 $25.66 $26.18 $26.70
NA/INS Tech 14 $25.06 $25.43 $25.81 $26.20 $26.59 $26.99
Physical Therapy Aide II 15 $25.23 $25.62 $26.00 $26.38 $26.77 $27.16
Emergency Dept. Tech 16 $25.60 $26.17 $26.81 $27.46 $28.24 $28.81
LVN 17 $30.46 $31.06 $31.80 $32.54 $33.29 $34.05
Surgical Technologist 19 $32.76 $35.16 $37.55 $39.95 $42.33
OB Tech 20 $23.90 $24.52 $25.14 $25.77 $26.44 $27.17
85

APPENDIX G:
30SEC-T
Effect 12/20/2009
WAGE SCALES
LVNs
Cert Pay is $.90 add-on from the shift diff table
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
LVN $28.71 $29.28 $29.97 $30.67 $31.38 $32.10
30SEC-T
Effective
12/20/2010 Cert Pay is $.90 add-on from the shift diff table
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
LVN $29.58 $30.16 $30.87 $31.59 $32.32 $33.06
30SEC-T
Effective
12/20/2011 Cert Pay is $.90 add-on from the shift diff table
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
LVN $30.46 $31.06 $31.80 $32.54 $33.29 $34.05
86

APPENDIX H
SIDE LETTER:
Resolution of EVS Issues
1. Option #2 Schedule revised on December 16, 2009 to cover weekends
and presented to the bargaining team shall govern the EVS
scheduling.
2. EVS employees with a seniority date of 11/19/90 or greater shall not
be regularly scheduled to work weekends. All other regular full-time
and part-time EVS employees will be regularly scheduled to work
every other weekend.
3. No later than January 4, 2010, work schedules will be re-balanced and
EVS employees shall, by that date, bid by seniority on scheduled
hours and work day/days off. The Employer will retain the right to
assign or reassign work to meet patient care and operational needs,
and shall do so in a fair, equitable, impartial and non-retaliatory
manner.
4. Disputes on EVS schedules and/or workload may be referred to the
Staffing Committee, Section 37.
.
87

APPENDIX I
SIDE LETTER:
Mail Clerk (Trainee)
1. Position will be paid at 80% of PBX/Mail Clerk (Grade &, Step 1)
rate. Position will be eligible for step and general wage increases.
2. Incumbents in the position may bid on openings in the Medical
Center that they may be qualified to perform.
3. In the event of a reduction in force or hours, other Medical Center
staff may not bump into this position, but neither may this position
absorb hours form laid-off or reduced hours employees.
4. Position shall be an SEIU-UHW bargaining unit position.
88

APPENDIX J
SIDE LETTER:
LVN Positions
LVN Positions: LVN positions will remain at status quo or better unless a
current LVN vacates the position, except under two (2) circumstances:
1. An LVN position is impacted by a larger reduction in force, in
which case LVNs will be impacted in proportion to the impact
on the rest of the bargaining unit. In such circumstances,
impacted LVNs will have the right to bid by seniority across
classification for any open positions for which they are
qualified or can become qualified within 45 days. LVN
positions shall be recalled in the same proportion as other
classifications as positions are recalled after a reduction in
force.
2. An LVN position is impacted by the closing of the Laurel Grove
Facility.
Promotional Opportunities
Current Eden LVNs who pass the RN Boards shall have preference over
outside hires in hiring for vacant RN positions at Eden so long as the LVN
has no active discipline (twelve months or less) at or above a written
warning.
89

APPENDIX K
SIDE LETTER:
Implementation of Health Information
Management (Medical Records) Electronic
Medical Records
Prior to the implementation of Electronic Medical Records at Eden Medical
Center/Sutter Castro Valley, the Employer will identify positions under
the new system and offer appropriate training to Health Information
Management employees represented by SEIU so that they may transition to
the new system and maintain employment with Eden Medical
Center/Sutter Castro Valley.
Additionally, insofar that implementation of EMR impacts the job duties of
other employees, such as Scheduling and Registration Employees or unit
clerks, the Employer will provide training to the new systems so that these
employees may transition to the new system and maintain employment
with Eden Medical Center/Sutter Castro Valley.
Positions associated with or impacted by the new system should be
identified as far in advance as possible so that employees have sufficient
time to complete training.
90

APPENDIX L
LETTER OF UNDERSTANDING:
LAYOFF - LAUREL GROVE
This letter of understanding is to memorialize the agreement that was
reached on November 6, 2009 between Eden Medical Center and SEIU-
UHW in regards to regular employees who are displaced due to an
Indefinite and Permanent Lay Off. The choice(s) that the impacted
employees utilize for bumping within the appropriate lay off seniority
units and by classification are as follows:
1. Displaced employee may bump the least senior regular
employee on the same shift.
2. Displaced employee may bump the least senior regular
employee in the same FTE (full-time equivalent) status
regardless of shift.
3. A displaced employee may fill a vacancy.
4. A displaced employee who cannot find a position in one of the
above categories but is not the least senior benefited employee
in his/her classification can bump the least senior benefited
employee in the classification.
5. Displaced regular employees may take on call or short hour
positions.
Prior to involuntarily laying off any regular employee, the Employer will
seek volunteers from each of the impacted classifications: EVS, NA, Unit
Secretary, Department Secretary, Van Driver, and LVN.
The most senior displaced regular employee who would otherwise lose
benefits, has the first right of refusal for any vacant, regular position at
Eden Medical Center that they are qualified to perform.
91

The Employer agrees to pay 65% of COBRA premiums in cases where the
laid off employee elects COBRA coverage and pays 35% of the premium.
For this situation the cost of the premium shall be designated as the regular
premium costs with no additional COBRA administrative costs added to
the premium.
92

APPENDIX M
SIDE LETTER:
LAUREL GROVE CLOSURE
The parties recognize that the Hospital will be constructing a new facility
(hereinafter "Sutter Castro Valley") at the Eden campus and that the
Hospital intends to close the Laurel Grove facility to permit construction of
the new facility. The Hospital intends to discontinue services provided at
the Laurel Grove facility.
The Hospital recognizes the new facility at the Eden campus will employ
the current bargaining unit and that the parties' collective bargaining
agreement will apply to the Sutter Castro Valley facility based on the
transfer of employees, transfer of services and functional integration of the
facilities.
The Hospital agrees that it will utilize the tools set forth in the parties'
Agreement (e.g. cross-training, job placement assistance, etc.) to avoid, to
the extent possible, layoffs or reduction in hours as a result of the closure of
the Laurel Grove facility or the discontinuance of services currently
performed at the Laurel Grove facility. To the extent there are available
SEIU/UHW-represented positions in the Hospital or such positions
become available prior to the closure of Laurel Grove, such positions will
be held open, effective immediately, so that employees affected by the
closure of the Laurel Grove facility will have the opportunity to transfer to
positions elsewhere in the Hospital, either in the same classification or to be
cross-trained into a similar classification, so long as such training can occur
within 90 days to render the employee competent for the job. All such
transfers or training opportunities will be granted on the basis of seniority.
The Hospital further agrees that it will bargain with the Union over any
effects of the closure of the Laurel Grove facility by beginning such
negotiations immediately and continuing until the closure occurs.
In order to facilitate the foregoing, the Hospital would accept the Union's
October 12, 2009 proposal on Section 48. Career Opportunities and
proposes to use Sections 48.2 and 48.3 to secure training, job placement and
other assistance in seeking employment for impacted employees. The
93

Hospital proposes that the entire proposed 2009 rollover amount be
committed to reducing the impact of the Laurel Grove closure on the
Union's members, with the Training and Upgrade Fund Committee
assigned to determine how best to use the funds. To the extent any such
funds remain unspent after the Laurel Grove closure, those funds will go
into the main training and upgrade fund pursuant to the terms of the
Union's October 12, 2009 proposal. These benefits will be in addition to
those severance benefits provided for in the parties' Agreement.
94

INDEX
AGREED OBJECTIVES, SECTION 1................................................................. 1
BEREAVEMENT LEAVE, SECTION 22 ......................................................... 38
BILINGUAL SERVICES, SECTION 12 ........................................................... 24
BULLETIN BOARD, SECTION 42 .................................................................. 64
CAREER OPPORTUNITIES, SECTION 48 .................................................... 70
DISABILITY INSURANCE, SECTION 29. ..................................................... 44
DISCIPLINE AND DISCHARGE, SECTION 10 ........................................... 17
EDUCATIONAL LEAVE, SECTION 39 ......................................................... 62
ENVIRONMENT OF CARE SAFETY COMMITTEE, SECTION 36 .......... 57
EXTENDED SICK LEAVE (ESL), SECTION 21............................................. 37
FORTY YEAR ANNIVERSARY BONUS, SECTION 25............................... 40
GRIEVANCE PROCEDURE AND ARBITRATION, SECTION 46............ 68
GROUP INSURANCE, SECTION 28 .............................................................. 44
HEALTH AND SAFETY, SECTION 35 .......................................................... 57
HEALTH PROGRAM, SECTION 27............................................................... 42
HIRING AND PROBATIONARY PERIOD, SECTION 4 ............................. 2
HOLIDAYS, SECTION 24................................................................................. 39
HOURS OF WORK, SECTION 13 ................................................................... 24
Implementation of Health Information Management (Medical Records)
Electronic Medical Records, Appendix K ................................................. 90
IN-SERVICE PROGRAMS, SECTION 40 ....................................................... 63
JURY DUTY, SECTION 23................................................................................ 39
LAUREL GROVE CLOSURE, Appendix M................................................... 93
LAYOFF - LAUREL GROVE, Appendix L .................................................... 91
LEAVES OF ABSENCE, SECTION 26 ............................................................ 40
LVN Positions, Appendix J............................................................................... 89
Mail Clerk (Trainee), Appendix I ................................................................... 88
MANDATORY OVERTIME, SECTION 17 .................................................... 29
MEALS AND UNIFORMS, SECTION 18....................................................... 29
MERGER, SALE OR CLOSURE, SECTION 44.............................................. 65
MINIMUM HOURS, SECTION 14 .................................................................. 28
NO DISCRIMINATION, SECTION 5 .............................................................. 3
NO STRIKE OR LOCKOUT, SECTION 50..................................................... 72
NOTICE OF VACANCIES, SECTION 3 .......................................................... 2
95

NURSING ACUITY COMMITTEE, SECTION 34......................................... 57
ORGANIZING AND ELECTION PROCEDURES, SECTION 9 .................. 6
PAID TIME OFF (PTO), SECTION 20............................................................. 34
POSTING OF POSITIONS, TRANSFER, AND CROSS TRAINING,
SECTION 33................................................................................................... 54
PREAMBLE........................................................................................................... 1
RECOGNITION, SECTION 2............................................................................. 1
REGULAR PART-TIME, SHORT-HOUR AND PER DIEM EMPLOYEES,
SECTION 19................................................................................................... 30
REPLACEMENT OF CALL-OFFS, SECTION 16 .......................................... 29
Resolution of EVS Issues, Appendix H .......................................................... 87
RETIREMENT, SECTION 31............................................................................ 45
SENIORITY, SECTION 32 ................................................................................ 47
SEVERANCE PAY, SECTION 43 .................................................................... 64
STAFFING COMMITTEE, SECTION 37 ........................................................ 58
STANDARDS PRESERVED, SECTION 49..................................................... 72
STUDENTS AND TRAINEES, SECTION 41 ................................................. 64
SUBCONTRACTING, SECTION 15................................................................ 28
TERM OF AGREEMENT, SECTION 51 ......................................................... 73
UNEMPLOYMENT COMPENSATION AND DISABILITY,
SECTION 30................................................................................................... 44
UNION DUES AND COPE DEDUCTIONS, SECTION 8 ............................ 6
UNION LEAVE, SECTION 7 ............................................................................ 5
UNION MEMBERSHIP/AGENCY SHOP, SECTION 6 ............................... 3
UNION REPRESENTATIVE, SECTION 45 ................................................... 66
VACCINE, SECTION 38 ................................................................................... 62
WAGE SCALES: Clerical Unit 12/20/09 thru 12/19/10,
APPENDIX A................................................................................................. 77
WAGE SCALES: Clerical Unit 12/20/10 thru 12/19/11,
APPENDIX B ................................................................................................. 79
WAGE SCALES: Clerical Unit 12/20/11 thru 12/19/12,
APPENDIX C................................................................................................. 81
WAGE SCALES: LVNs,
APPENDIX G................................................................................................. 86
WAGE SCALES: Service and Technical Unit 12/20/09 thru 12/19/10,
APPENDIX D................................................................................................. 83
WAGE SCALES: Service and Technical Unit 12/20/10 thru 12/19/11,
96

APPENDIX E ................................................................................................. 84
WAGE SCALES: Service and Technical Unit 12/20/11 thru 12/19/12,
APPENDIX F ................................................................................................. 85
WAGES, SECTION 11 ....................................................................................... 19
WITNESSETH....................................................................................................... 1
WORK REDESIGN, SECTION 47.................................................................... 69
97

THE SEVEN TENETS OF JUST CAUSE
1. Was the Employee adequately warned of the consequences of
his or her conduct? The warning may have been made orally or
in writing. There are exceptions for certain conduct, such as
insubordination, coming to work drunk, or stealing the
Employer’s property.
2. Was the Employer’s rule or order reasonably related to efficient
and safe operation? Were the rules posted, communicated, and
understandable?
3. Did the employer investigate before administering discipline?
Was there due process? Was the investigation fair and
objective?
4. Did the investigation produce substantial evidence or proof of
guilt? Can the employer meet its burden of proof?
Clear and convincing evidence
Preponderance of evidence
Evidence sufficient to convince a responsible mind
Evidence beyond a reasonable doubt
5. Were rules, orders and discipline applied evenhandedly and
without discrimination? If enforcement has been lax in the past,
management can’t suddenly begin to crack down without first
warning employees.
6. Did the company use progressive discipline?
7. Was the discipline reasonably related to the seriousness of the
offense and to the employee’s past record and length of service?