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Agreement between Oregon Nurses Association and Samaritan Lebanon Community Hospital July 1, 2009, until June 30, 2011

Agreement between Oregon Nurses Association and Samaritan … · 2018. 4. 3. · ONA/Lebanon Community Hospital 2009-2011 Collective Bargaining Agreement 2 1 duration of this Agreement,

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Page 1: Agreement between Oregon Nurses Association and Samaritan … · 2018. 4. 3. · ONA/Lebanon Community Hospital 2009-2011 Collective Bargaining Agreement 2 1 duration of this Agreement,

Agreement between

Oregon Nurses Association

and Samaritan Lebanon Community Hospital

July 1, 2009, until June 30, 2011

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ONA/Lebanon Community Hospital 2009-2011 Collective Bargaining Agreement

1

AGREEMENT 1

2

This Agreement is to formalize a mutually agreed-upon and understandable working 3

relationship between Samaritan Lebanon Community Hospital and its registered 4

professional nurses entered into between the OREGON NURSES ASSOCIATION, 5

hereinafter referred to as the "Association," and SAMARITAN LEBANON 6

COMMUNITY HOSPITAL, hereinafter referred to as the "Hospital." 7

8

ARTICLE 1. RECOGNITION 9

10

The Hospital recognizes the Association as the exclusive bargaining representative for 11

all registered nurses employed as staff nurses in the Patient Care Division, but 12

excluding nurse managers, five full-time nursing supervisors, three "primary" relief 13

nursing supervisors (one for each shift), assistant department managers, education 14

coordinator, diabetic education coordinator, occupational health manager, all medical 15

group employees, and all other employees. 16

17

ARTICLE 2. ASSOCIATION MEMBERSHIP 18

19

A. All nurses who have become members of the Association and those who have 20

not delivered to the Association a certified letter resigning or opting out of 21

membership before the 30th day after the date this Agreement is fully ratified 22

shall, as a condition of employment, maintain membership in good standing in 23

the Association for the duration of this Agreement, except that a nurse may 24

resign membership by sending a certified letter to the Association during the 25

month of June 2010. A member is defined as a nurse who tenders the periodic 26

dues. 27

28

All nurses hired after the effective date of this Agreement who have not 29

delivered to the Association a certified letter resigning or opting out of 30

membership before the 30th day after hire shall, as a condition of employment, 31

become and remain members in good standing in the Association for the 32

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ONA/Lebanon Community Hospital 2009-2011 Collective Bargaining Agreement 2

duration of this Agreement, except that a nurse may resign membership by 1

sending a certified letter to the Association during the month of June 2011. 2

B. Membership dues may be deducted from the nurse's paycheck, with proper 3

authorization, on a monthly basis and remitted to the Association. The 4

Association will provide the Hospital with the appropriate forms and documents 5

for payroll deduction. 6

7

C. The Association will indemnify the Hospital and hold it harmless against any and 8

all claims, grievances, demands, suits, or other forms of liability that may arise 9

out of or by reason of action taken or not taken by the Hospital in connection 10

with this Article. 11

12

D. The Hospital will provide to the Association monthly a list containing the names, 13

addresses, telephone numbers, and dates of hire for all nurses covered by this 14

Agreement. 15

16

E. The Hospital will provide to the Association in June and December each year a 17

list of all nurses in the bargaining unit including name, employee identification 18

number, unit, shift, address, telephone number, hire date, rate of pay and FTE. 19

20

ARTICLE 3. NONDISCRIMINATION 21

22

A. The Hospital may not unlawfully discriminate against any nurse on account of 23

membership in or lawful activities on behalf of the Association. Similarly, the 24

Association may not unlawfully discriminate against any nurse who exercises his 25

or her right to refrain from union membership and/or activity. 26

27

B. The Hospital and the Association agree that each will fully comply with the 28

applicable laws and regulations regarding nondiscrimination and will not 29

unlawfully discriminate against any nurse or applicant for employment because 30

of race, sex, national origin, color, religion, marital status, age, disability, family 31

relationship, or any other form of discrimination proscribed by law. This 32

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ONA/Lebanon Community Hospital 2009-2011 Collective Bargaining Agreement 3

paragraph is intended to include sexual orientation in accordance with any 1

applicable law regarding that status. 2

3

C. Any claim of discrimination because of matters referred to in this Article that are 4

within Oregon or federal nondiscrimination regulation may be pursued through 5

the grievance procedure set forth in Article 17 only through Step IV and 6

subsequent mediation. 7

8

ARTICLE 4. MANAGEMENT RIGHTS 9

10

The Hospital retains all rights, except as those rights are limited by express and 11

specific language of this Agreement. Nothing in this Agreement (for example, but not 12

limited to, the Recognition and Arbitration Articles) may be construed to impair the right 13

of the Hospital to conduct all of its business in all particulars, except as expressly and 14

specifically limited in this Agreement. Nothing in this Agreement restricts the right of the 15

Hospital to modify its policies and procedures to the extent that the modifications are 16

not inconsistent with express provisions of this Agreement. Failure of the Hospital to 17

exercise any right reserved to it, or its exercise of any such right in a particular way, will 18

not be deemed a waiver of the right or the waiver of its authority to exercise any such 19

right in some of the ways not encompassed by the terms of this Agreement. 20

21

ARTICLE 5. ASSOCIATION RIGHTS 22

23

A. Duly authorized representatives of the Association will be permitted at all 24

reasonable times to enter the facilities operated by the Hospital for the purpose 25

of observing the work being performed, to attend meetings, to investigate 26

grievance concerns, and to conduct legitimate Association business, provided, 27

however, that if the Hospital provides written notice of its desire to have 28

notification, the Association's representatives shall, upon arrival at the Hospital, 29

notify the Vice President of Patient Care Services, Human Resources Director, 30

or designee of the intent to transact Association business. Association business 31

is to be conducted in an appropriate location and may not interfere with the work 32

of nurses or other employees. Any employee interview, meeting, or extended 33

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ONA/Lebanon Community Hospital 2009-2011 Collective Bargaining Agreement 4

conversation is to be conducted during the employee's rest or lunch period. A 1

meeting room in the Hospital will be provided, space and time permitting. 2

3

B. The Professional Nurses Association of Lebanon ("PNAL") may reserve and use 4

Hospital meeting space on the same basis as other internal groups. 5

6

C. The Association will be provided designated space on the following Hospital 7

employee bulletin boards: (a) ACU nurses’ break room; (b) OR nurses’ break 8

room; (c) ED nurses’ break room; (d) OB dressing room; (e) in a designated 9

area in Infusion Services; (f) CCU nurses’ break room; (g) Same Day Surgery 10

clean supply room; and (h) the main bulletin board (designated by the Hospital). 11

Such bulletin boards may be used for the posting of Association notices. 12

Postings must be signed and dated by the person doing the posting on behalf of 13

the Association. Postings will be limited to items relevant to the practice and 14

profession of nursing, notices of election, appointments, and the results of 15

elections, and notices of meetings, PNAL newsletters, and other Association 16

business. A copy of material posted is to be furnished to the Vice President for 17

Patient Care Services at the time of the posting. An all RN distribution list may 18

be established for communication to PNAL members. The VP of Patient Care 19

Services and the PNAL BU Chairperson only will be authorized to create and 20

send messages to the group. Such messages will be limited to items relevant to 21

the practice and profession of nursing, notices of election, appointments, and 22

the results of elections and notices of meetings, PNAL newsletters, and other 23

Association business. A copy of the message will be furnished to the VP of 24

Patient Care Services at the time of the posting. 25

26

D. Association/PNAL newsletters may be distributed to nurses using the Hospital's 27

internal communication system (e.g., the “cubbies” or successor communication 28

system). 29

30

E. The Hospital will notify PNAL of newly hired nurses, with the nurses’ name(s), 31

address(es), and phone number(s), by providing a copy of the “welcome letter” 32

sent by the Human Resources department (which includes the scheduled time 33

and date for the nurse to attend orientation). Within the first week of orientation, 34

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ONA/Lebanon Community Hospital 2009-2011 Collective Bargaining Agreement 5

the Association will be provided a 15-minute period to meet with newly hired 1

nurses to describe Association benefits. Such meeting(s) will be scheduled by 2

the Association representative at a mutually convenient time within the newly 3

hired nurses’ regularly scheduled shift. The local representative making the 4

presentation shall do so on personal time. 5

6

F. A letter from the Hospital stating that it recognizes the Association as the 7

collective bargaining representative for bargaining unit nurses will be mailed to 8

each newly hired nurse with the "welcome letter" sent to new hires. 9

10

ARTICLE 6. DEFINITIONS 11

12

A. Full-time Nurse. A nurse who is regularly scheduled for an average of 24 to 13

40 hours per workweek within two consecutive workweeks. 14

15

B. Part-time Nurse. A nurse who is regularly scheduled to work an average of 23 16

hours or less per workweek within two consecutive workweeks. 17

18

C. Per Diem Nurse. A nurse who is not regularly scheduled, but works at the 19

convenience of the Hospital. Per Diem nurses are obligated to work a minimum 20

of four shifts per calendar month, including one weekend, if the Hospital needs 21

them. Per Diem nurses will also be scheduled by the manager to work one 22

holiday per year. Every other year the holiday assigned will be Thanksgiving, 23

Christmas Eve or Christmas Day according to departmental needs. If a Per 24

Diem nurse has a shift cancelled pursuant to Article 7.G, such cancelled shift 25

will count towards the minimum obligation of four shifts per calendar month. Per 26

Diem nurses will receive overtime for hours worked over forty (40) in a work 27

week. Per Diem nurses who agree to work on the same day with short notice 28

(within 24 hours) will receive two (2) hours of pay in addition to the number of 29

hours actually worked in the shift. 30

31

D. Introductory Nurse. A newly hired nurse for the first 180 days of employment 32

with the hospital. A New Graduate Nurse or RN Intern’s introductory period will 33

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ONA/Lebanon Community Hospital 2009-2011 Collective Bargaining Agreement 6

commence upon the completion of training or the internship program and will 1

last for three (3) months. A nurse's introductory period employment may be 2

terminated without recourse to the grievance procedure. 3

4

E. Temporary Nurse. A nurse hired to work a specific limited time, not to exceed 5

180 days. 6

7

F. Staff Nurse. A Registered Nurse ("RN") performing regularly assigned nursing 8

duties. 9

10

G. Charge Nurse. A staff nurse who serves a leadership or resource function in 11

assisting supervisory personnel for the organized nursing unit for a specific shift. 12

13

H. Preceptor Nurse. A staff nurse who has met the eligibility requirements and has 14

received the additional training to act as a preceptor. Eligibility requirements are 15

specified in the Hospital’s “Preceptor Criteria/Guidelines.” Nurses who act as 16

preceptors will receive feedback on their annual performance appraisal related 17

to such duties as described in the preceptor job description. 18

19

I Resource Nurse. A staff nurse who has been assigned to work with nurse 20

supervisors, physicians, and staff as a resource to address changes in patient 21

conditions, staffing needs, staff assignments and relief. Resource nurses may 22

work variable shifts, may work in several departments during a work shift or may 23

be assigned to special projects. 24

25

J. Nursing Supervisor. A supervisory nurse who works as a house supervisor. 26

Nursing Supervisors are not to work as staff nurses during the shift they are 27

assigned as the Nursing Supervisor. 28

29

K. Weekend. The period from 11 p.m. Friday to 11 p.m. Sunday. 30

31

L. Overtime Pay. One and one-half times a nurse's "regular" hourly rate of pay as 32

calculated under the federal Fair Labor Standards Act. 33

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ONA/Lebanon Community Hospital 2009-2011 Collective Bargaining Agreement 7

M. Workday. The 24 hours commencing when the nurse reports to work. 1

2

N. Workweek. A seven-day period commencing at 12:01 a.m. Monday and ending 3

at 12 midnight the following Sunday. 4

5

ARTICLE 7. HOURS OF WORK 6

7

A. Shifts of Work. Normal shifts are 8 hours, 10 hours, or 12 hours, depending on a 8

nurse's regular schedule. There will be a 30-minute unpaid meal period near the 9

middle of the shift. Nurses are responsible for notifying their supervisors if they 10

believe they will not be able to take a meal break, and they will jointly arrange a 11

reasonable meal period. Missed meal periods will be paid at time and one-half. 12

There will be a 15-minute rest break every four hours of work. Supervisors and 13

nurses shall be jointly responsible for making equitable arrangements for breaks 14

while meeting patient care responsibilities. Nurses may combine breaks with 15

supervisor/manager approval on a shift by shift basis. 16

17

B. Overtime. Overtime pay at time and one-half the regular rate of pay will be paid 18

for: 19

20

1. Time worked over a nurse's regularly scheduled shift of 8, 10, or 12 hours 21

in the workday. 22

23

2. Time worked over 40 hours in a workweek or over eight (8) hours in a 24

workday and/or eighty (80) hours in two consecutive workweeks. 25

Overtime will not be pyramided. Each hour of overtime will be paid for 26

only once. There is to be no scheduling of mandatory overtime. The 27

parties recognize each nurse's professional and licensing obligation not 28

to abandon patients. Therefore, the nurse may be required to work 29

overtime only on those rare occasions when necessary so as not to leave 30

patients abandoned. 31

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ONA/Lebanon Community Hospital 2009-2011 Collective Bargaining Agreement 8

C. On-call. On-call is defined as time a nurse is required to be available to work 1

outside of regularly scheduled shifts or during periods of temporary staff 2

reductions for low census. On call rates are specified in Appendix A. If a nurse is 3

on-call, the hospital shall contact the nurse at all telephone numbers provided, 4

including cellular telephone numbers. Scheduled on call is optional for nurses in 5

the CCU, Infusion Services, IV Therapy and GBC. 6

7

1. On-call during meal periods: Those nurses who are designated by the 8

Hospital as part of the "code team" and who are obligated to be on call 9

during such nurses' 30-minute meal period(s) to respond to "codes" will 10

be paid at the on-call rate for such 30-minute meal period. If such a nurse 11

is called to work during such nurse's 30-minute meal period, the nurse 12

will be paid at the rate of time and one-half the nurse's regular rate of pay 13

for the missed 30-minute meal period. 14

15

2. Bonus Call Payment: Bonus call payment is defined as payment of 16

double the normal rate for on call and ten dollars ($10.00) per hour for 17

each call back hour worked. 18

19

3. Required On Call: Scheduled on call is required of nurses in the OR, 20

ENDO, and PACU. OR, ENDO and PACU nurses will not be required to 21

work more than seven (7) on-call shifts per month; (one weekday call per 22

week and one weekend call beginning at the end of the regular shift on 23

Friday until the beginning of the regular shift on Monday or the equivalent 24

number of weekend hours). If an OR, ENDO or PACU nurse volunteers 25

to take additional call or is required to take call above the limit set forth 26

above, the nurse will receive bonus call payment for scheduled on call 27

hours in excess of fifty-six (56) hours per month. 28

29

4. Volunteer On Call: If nurses regularly scheduled outside of OR, ENDO, or 30

PACU volunteer to take call for OR, ENDO, or PACU, the nurse will be 31

paid Bonus call, once the minimum of seven (7) shifts of call are 32

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ONA/Lebanon Community Hospital 2009-2011 Collective Bargaining Agreement 9

completed, including the two weekend shifts per month. An On-call shift 1

may be five (5) to eight (8) hours in length. 2

3

5. Orphan Call: Orphan call is defined as an assigned on call period which 4

has become available due to illness, injury, or termination/resignation. 5

Volunteers who agree to take orphan call will receive Bonus Call 6

payment. If there are no volunteers for an orphan call situation, the call 7

will be assigned by the department manager. 8

9

6. Non Scheduled Call-Back: If an OR, PACU or ENDO nurse gets called 10

back to work, outside of the departments’ regular hours of operation, 11

when not on-call the nurse shall receive on-call pay and the usual 12

minimum call-back pay at the Bonus Call rate. 13

14

D. Call-back. Call-back is defined as time worked called back from on-call. 15

Call-back will be paid at the rate of time and one-half the regular rate of pay for 16

all hours worked when called back plus applicable differentials. If a nurse is 17

called back to work the minimum pay for call back is three (3.0) hours. In 18

addition, on-call pay will continue during periods of callback. Call-back hours 19

paid may not exceed the number of hours scheduled on call. Call back shall not 20

be paid in combination with regular pay for the same hours worked. 21

22

If a nurse is scheduled to be on call following a regular shift and is required to 23

work past the end of the shift for sixty (60) minutes or more, the nurse shall be 24

deemed to have been called back from the end of the regular shift. If a nurse 25

has been called back from on-call for more than six hours on a weeknight, the 26

nurse may request to be relieved from the next day's regularly scheduled shift. 27

Nurses will not be required to work more than sixteen (16) hours in a twenty-four 28

(24) hour period. The Hospital will make good-faith, reasonable efforts to permit 29

a nurse in such a situation to be relieved, upon his or her request. 30

31

E. Weekend. Nurses are to receive every other weekend off. Nurses who agree to 32

work on weekends normally scheduled off will receive time and one-half their 33

regular rate of pay for all hours worked on the extra weekend except for trades 34

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ONA/Lebanon Community Hospital 2009-2011 Collective Bargaining Agreement 10

arranged by nurses for their convenience. Such trades must be approved by the 1

manager prior to such weekend. 2

3

F. Work Schedules. Work schedules of two to three pay periods duration will be 4

posted no less than four (4) weeks in advance of the first day of the identified 5

work periods. Requests for time off are to be submitted on the Schedule 6

Request Form or the electronic scheduling program according to the instructions 7

for each. After the schedule is posted, changes may be made only with mutual 8

agreement of the manager/Nursing Supervisor and the nurse. 9

10

G. Temporary Staff Reductions for Low Census. Any nurse is subject to shift 11

cancellation before reporting to work. The hospital will make reasonable efforts 12

to notify nurses of shift cancellations at least two (2) hours in advance of the 13

scheduled shift, assuming there are no sick calls received after two (2) hours 14

prior to the shift start time. Failure to do so will result in the nurse having the 15

option to either report to work for four (4) hours and be assigned to any work 16

available or remain home without pay. If patient-care needs can be met, 17

however, the Hospital will cancel shifts in the following order: 18

1. Agency nurses 19

20

2. Travel nurses, if possible 21

22

3. Volunteers working overtime 23

24

4. Nurses working overtime 25

26

5. Volunteers working a regular shift by rotation 27

28

6. Per Diem nurses 29

30

7. Nurses working a regularly scheduled shift by rotation 31

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ONA/Lebanon Community Hospital 2009-2011 Collective Bargaining Agreement 11

When the Hospital determines that unit staffing requirements permit it to offer 1

the nurse a choice, the nurse will be given the choice of having the shift 2

cancelled or being on-call. 3

4

If after the above shift cancellations have been made still fewer staff are needed 5

than are scheduled or if the Hospital determines fewer staff are needed after the 6

shift has begun, the Hospital will send home nurses who have already reported 7

to work, in the following order: 8

a. Agency nurses 9

b. Travel nurses if possible 10

c. Volunteers working overtime 11

d. Nurses working overtime 12

e. Volunteers working a regularly scheduled shift by 13

rotation 14

f. Per Diem nurses 15

g. Nurses working a regularly scheduled shift by 16

rotation 17

18

A nurse will be sent home after reporting to work only after working four (4) 19

hours: If a regularly scheduled nurse is sent home and agrees to be on call for 20

his or her unit for the remainder of the shift, the nurse may do so. If the nurse is 21

called back from being on call, any time worked will be paid at time and one-half 22

the regular rate of pay. No nurse will lose any benefits as a result of staying 23

home from a regularly scheduled straight time shift at the request of the 24

Hospital. 25

26

H. Extra Work. Extra available hours will be posted when the schedule is posted 27

and will be offered to regularly scheduled nurses for the first seven days and 28

then to Per Diem nurses. Nurses who are interested in consistently volunteering 29

for extra work should make their availability known to the Staffing Office. 30

Nurses will receive a premium of time and one half for extra shifts worked above 31

the nurse’s regularly scheduled FTE, however nurses working 0.5 to 0.69 FTE 32

must work one extra shift per pay period at straight time before becoming 33

eligible for premium pay. Premium pay for extra shifts will not be paid if a nurse 34

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ONA/Lebanon Community Hospital 2009-2011 Collective Bargaining Agreement 12

is working as the result of a schedule change arranged for the convenience of 1

the nurse. Such schedule changes must be approved by the manager prior to 2

the change. Eligibility for extra shift premium shall not include hours on call or 3

called back (OR, PACU, or ENDO), sick leave, or paid educational leave. 4

5

I. Rotation of Shifts. There will be no rotation of shifts for regularly scheduled 6

nurses, except during orientation. 7

8

J. Floating. A nurse will not be required to float to a unit for which the nurse is not 9

qualified. A nurse will be deemed to be qualified if the nurse has the skill and 10

training to maintain the quality of nursing care in that unit and to provide the 11

appropriate care needed. A nurse will be considered qualified if the nurse has 12

previously oriented to the unit and has worked in the unit within the past three 13

months, except in instances of major changes to Nursing Procedures, 14

equipment, or types of patients since orientation to the unit. If a nurse feels 15

unqualified for a specific assignment, the nurse should indicate in writing the 16

reasons why and give them, at the time of the request, to the appropriate 17

manager or Nursing Supervisor. In the event of a disagreement in the 18

qualifications for a specific assignment, such a dispute is subject to resolution 19

through the grievance procedure commencing at Step II. Although the nurse 20

may be required to float to the unit on the shift in question, after the filing of the 21

grievance the nurse will not be required to float to the designated unit again, 22

unless the nurse either receives orientation to the unit or does not prevail with 23

the grievance. 24

25

ARTICLE 8. MISCELLANEOUS BENEFITS 26

27

A. The Hospital shall implement a twenty-six (26) pay period system with bi-weekly 28

paydays. Paychecks or notices of direct deposit if requested will be mailed to 29

nurses' homes on paydays. Otherwise, pay notices for direct deposit will be 30

available on-line. 31

32

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ONA/Lebanon Community Hospital 2009-2011 Collective Bargaining Agreement 13

B. The Hospital will continue to permit nurses to purchase items through the 1

materials management and nutrition services departments at direct cost plus 10 2

percent. 3

4

C. Nurses who do not participate in the medical insurance program described in 5

Article 18.C will have the opportunity to purchase prescription pharmacy 6

products at cost, as such cost is determined by the Hospital under the policy 7

and practice applicable to the majority of the Hospital's non-represented 8

employees. 9

In addition, all nurses will have the opportunity to purchase over-the-counter 10

pharmacy products, at retail minus fifteen percent (15%). 11

12

D. The Hospital will extend the pharmacy discount described in this Article 8.C to 13

those nurses (1) who have terminated employment with the Hospital after 14

achieving 52,000 lifetime hours with the Hospital or who retire at age 65 or 15

older; (2) who choose to return to work as a "casual employee" at the Hospital; 16

and (3) who commit to be available to work no less than one shift every six 17

months for the Hospital. Nurses who do choose to return to work must still 18

maintain minimum competencies for the position worked, as established by the 19

Hospital. Retired nurses will qualify for the pharmacy discount described in this 20

Article 8.C if their "casual employment" is in or out of the bargaining unit. 21

22

E. The Hospital shall continue its program of providing a 15 percent employee 23

discount in the Hospital cafeteria. 24

25

F. The Hospital shall continue its sick child care program based on the Hospital's 26

written guidelines as currently in effect and as may be changed from time to 27

time in the Hospital's discretion. 28

29

G. The Hospital may initiate, alter, or discontinue any additional employee discount 30

program with 30 days' notice to the Association. 31

32

ARTICLE 9. HOLIDAYS 33

34

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ONA/Lebanon Community Hospital 2009-2011 Collective Bargaining Agreement 14

A. The following holidays will be recognized and compensated: 1

1. New Year's Day 2

2. Easter Sunday 3

3. Memorial Day 4

4. Independence Day 5

5. Labor Day 6

6. Thanksgiving Day 7

7. Christmas Eve 8

8. Christmas Day 9

10

B. Nurses who work any of the holidays above will be paid time and one-half the 11

regular rate of pay for scheduled hours or majority of hours worked on the 12

holiday. 13

14

C. The Hospital will attempt to set work schedules such that no nurse will be 15

required to work both Christmas Eve and Christmas Day. 16

17

ARTICLE 10. PERSONAL TIME OFF 18

19

A. Definition. Personal time off ("PTO") is defined as time earned for paid leave that 20

can be used by eligible nurses to meet their personal needs for paid time off 21

work. PTO is in lieu of vacation, holidays, sick leave, or bereavement leave. 22

Those nurses who still have accumulated sick leave will retain it and may use it 23

for absences due to illness or injury. 24

25

B. Accrual. For all nurses hired on or before February 28, 2010, PTO will accrue 26

according to the following schedule: 27

28

Month of Service Accrual Rates Approximate

Annual accrual

1st through 48th .1077 hours

per compensable hour

28

49th through 108th .1269 hours

per compensable hour

33

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ONA/Lebanon Community Hospital 2009-2011 Collective Bargaining Agreement 15

109th and each month of

service thereafter

.1462 hours

per compensable hour

38

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ONA/Lebanon Community Hospital 2009-2011 Collective Bargaining Agreement 16

Effective March 1, 2010, PTO will accrue according to the following schedule, 1

for all nurses hired on or after March 1, 2010. 2

3

Month of Service Accrual Rates Approximate

Annual accrual

1st through 48th .09615 hours

per compensable hour

25

49th through 108th .11538 hours

per compensable hour

30

109th and each month of

service thereafter

.13461 hours

per compensable hour

35

4

PTO will accrue on all hours paid to the nurse (except on-call hours) or the 5

hours scheduled but not worked by a nurse because of low census days, 6

according to the immediately preceding schedule. 7

8

C. PTO Use. PTO may be taken after 90 days of employment. 9

Optional PTO Use: Nurses may have the option of taking a day off without pay 10

instead of using PTO under the following conditions: 11

12

1. Low census day 13

2. Holiday department closure or staff reduction 14

3. Military Leave 15

4. ONA contract negotiations 16

17

D. Cashing Out. Nurses may cash out PTO in accordance with the terms of the 18

Hospital’s policy applicable to the majority of unrepresented employees, as it is 19

currently in effect and as may be changed from time to time. 20

21

E. Carrying Over. Nurses are required to take a minimum of two weeks' time off 22

using PTO each calendar year. PTO hours may, however, carry over from one 23

year to the next, except that when a nurse reaches an accrual level of five 24

hundred fifty (550) hours, all further accruals will be cashed out in each 25

paycheck as accrued. 26

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F. Illness or Emergency. Ill calls or emergency-need calls should be made as early 1

as possible, but not less than two and one-half hours before a nurse's shift 2

begins. 3

4

G. Scheduled Use. PTO to be taken as vacation should be requested in advance of 5

the schedule on the authorized form. Requests are to be made no earlier than 6

six months in advance of the requested time. The nurse manager shall notify the 7

nurse within two weeks of the submission of a request in writing of the approval 8

of the request, which will be forthcoming unless critical staffing shortages would 9

occur as a result of the nurse's leave. Each request shall be considered on a 10

first-come, first-served basis. If two or more requests are submitted on the same 11

date for the same time off and granting both of them would result in a critical 12

staffing shortage, the senior nurse will be given the time off. Nurses and 13

department managers will work together in the scheduling of time off to ensure 14

adequate staffing to meet the needs of patient care. . The nurse will be required 15

to arrange coverage for those scheduled shifts for which the nurse has 16

requested PTO in the immediate six weeks following the date the request off is 17

submitted. Assistance in arranging such coverage may be requested from the 18

manager or staffing office. 19

20

H. Records of Accruals. PTO accruals will be noted on the paycheck stub. 21

22

I. Payment Upon Termination. PTO will be paid out to the nurse at termination 23

provided that (1) the nurse has completed the probationary period; and (2) in the 24

case of resignation, the nurse must have provided at least 14 calendar days' 25

notice to the Hospital. PTO may not be used for the notice period, unless the 26

resignation is the result of a bona fide family medical emergency. 27

28

J. Computation of Payment. PTO pay will be computed on the nurse's hourly rate 29

of pay at the time it is taken, including shift differential. 30

31

ARTICLE 11. LEAVES OF ABSENCE 32

33

A. Court Appearances. Nurses (other than per diem nurses) who have completed 34

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six months of employment who are called to jury duty, or who are subpoenaed 1

as a witness in a legal action related to their work for the Hospital, and who do 2

serve will be treated as if they worked day shift Monday through Friday for the 3

duration of their jury service. The maximum pay for jury duty service will be 4

twenty days within a calendar year. If a nurse is released from service for the 5

day, the nurse will call in to find out whether he or she is needed to work for the 6

rest of the day shift, and if so, the nurse will work. The Hospital will not pay for 7

time when the nurse chooses not to return to work while serving on jury duty for 8

one-half day or less. The Hospital will compensate the nurse as if he or she had 9

worked each scheduled day during jury service, and the nurse will turn in any 10

jury service pay to the Hospital. 11

12

B. Bereavement Leave. A nurse may take bereavement leave in accordance with 13

SHS policy. The policy shall provide up to three (3) days with pay during the 14

immediate pay period for time lost from the employee’s regular schedule to 15

attend the funeral of an immediate family member. Members of the immediate 16

family are defined as father, mother, grandparent, grandchild child-in law, 17

sibling, sibling-in-law, parent-in-law, stepchild, stepsibling, stepparent. 18

Up to five (5) days pay during the most immediate pay period for time lost will be 19

granted in the event of a death of the employee’s spouse or domestic partner, 20

child or legally recognized dependent of the employee’s household. 21

The employee will be eligible to use up to five (5) days of PTO in addition to the 22

above benefit if additional time is required. 23

24

C. Personal Unpaid Leave. A nurse who has completed at least one year of 25

continuous employment may take up to 90 days as an unpaid personal leave of 26

absence with the approval of the manager and the Vice President of Patient 27

Care Services and return to his or her position. Personal unpaid leave will only 28

be granted if operational needs can accommodate the absence. If a personal 29

unpaid leave is denied, the nurse may request the reason for the denial and the 30

reason will be given within seven (7) days. If the nurse fails to appear for work 31

after the end of the leave, he or she will be considered to have voluntarily 32

terminated employment. 33

34

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ONA/Lebanon Community Hospital 2009-2011 Collective Bargaining Agreement 19

D. Military Leave. Military leaves will be granted in accordance with federal law. 1

E. Parental, Family Medical, and Pregnancy Leave. The Hospital will provide 2

parental, family medical, and pregnancy leave to nurses as required by law. 3

PTO must be taken in conjunction with the leave, but no nurse will be required 4

to reduce his or her PTO bank below the two-week level. 5

6

F. Workers' Compensation. Medical leaves for compensable injuries will be 7

granted in accordance with applicable law. The Hospital will maintain the nurse's 8

coverage under its group health plan on the same conditions under which 9

coverage would have been provided if the nurse had been continuously 10

employed during the period of absence due to workers' compensation, which 11

also qualifies for family medical leave. 12

13

ARTICLE 12. PROFESSIONAL DEVELOPMENT 14

15

A. Orientation. A nurse will receive an appropriate orientation to the Hospital and to 16

the nursing unit assigned. The orientation will be based on the experience, 17

qualifications, and expressed needs of the nurse and must be concluded before 18

the nurse is counted in the staffing complement of the unit. 19

20

B. In-Services. The Hospital shall attempt to provide necessary in-services for all 21

three shifts. 22

23

C. Continuing Education Fund. The Hospital will provide a pool of money in the 24

amount of $23,000 effective July 1, 2009 to be used to pay expenses for 25

registration fees or portions thereof related to educational leave to attend 26

courses directly related to nursing. Educational dollars that are not used in each 27

contract year will not be carried over. 28

29

D. Continuing Education Days. Each nurse is entitled to take up to forty (40) hours 30

for continuing education per year, paid at his or her regular rate of pay. These 31

forty (40) hours are in addition to the days the nurse spends acquiring required 32

certifications, which days will also be paid at his or her regular rate of pay. 33

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E. On Line Learning. Continuing education days may be used for independent on 1

line learning approved by the manager. One hour of paid education leave will be 2

granted for each CEU hour successfully completed and documented. On line 3

learning may occur during work hours if approved by the manager/supervisor. In 4

such circumstance, the nurse must transfer time to Education/in-service 5

/workshop. Such time may not be paid in combination with regular work time so 6

as to require any daily overtime payment. 7

8

F. Tuition Reimbursement. The Hospital will provide tuition reimbursement, in 9

accordance with hospital policy, limited to eighteen (18) credit hours of course 10

work during each academic year and a dollar limit equal to the current Oregon 11

State University undergraduate/graduate tuition rate. Tuition reimbursement will 12

require manager and HR approval prior to registration. 13

14

G. Voluntary Specialty Nursing Non-required Certification. The Hospital will pay the 15

examination fee for un-required voluntary specialty nursing certifications, listed 16

in Appendix C and approved by the manager. Upon a nurse's initial receipt of 17

such a non-required nationally recognized specialty nursing certification, the 18

Hospital will pay the nurse a $250 bonus. The nurse will begin to receive the 19

certification differential once verification of passing the examination has been 20

received by Human Resources. If a nurse does not achieve the certification, the 21

nurse will re-pay the hospital for the examination fee. Expenses associated with 22

recertification may be submitted to the PNCC for reimbursement. 23

24

H. Required National Specialty Nursing Certification. The Hospital will pay a nurse 25

for up to sixteen (16) hours spent in taking a preparatory study class, and taking 26

the certification exam for the first time for any national specialty nursing 27

certification listed in Appendix C which is required by the Hospital. The Hospital 28

will pay the necessary fee for the prep class and certification examination prior 29

to the examination date. If a nurse chooses to pay the fee, s/he will be 30

reimbursed upon request. Such certification will not result in the payment of the 31

bonus described above, but the nurse shall receive the certification differential 32

once verification of passing the examination has been received by Human 33

Resources. The Hospital will pay for the cost of recertification so long as prior 34

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ONA/Lebanon Community Hospital 2009-2011 Collective Bargaining Agreement 21

approval is granted by the manager or VP of Patient Care Services. Other 1

expenses associated with recertification may be submitted to the PNCC for 2

reimbursement. If a nurse does not achieve his/her certification, the nurse will 3

re-pay the hospital. 4

5

I. Required Certification (Non National Specialty Nursing, Example include TNCC, 6

ACLS, PALS, STABLE, NRP, TEAM, ENPC, Chemo/Bio-ONS). The Hospital will 7

pay for the examination fee and a determined amount of time to take the 8

certification examination for initial certification and recertification. Such 9

certification shall not result in the payment of the bonus or differential. 10

11

ARTICLE 13. PROFESSIONAL NURSING CARE COMMITTEE 12

13

A. Recognition. A Professional Nursing Care Committee is to be established at the 14

Hospital. 15

16

B. Responsibility. The Hospital recognizes the responsibility of the Committee to 17

recommend measures objectively for improvement of patient care, will duly 18

consider such recommendations when submitted in writing, and will respond to 19

the Committee in writing. 20

21

C. Objectives. The objectives of the Committee are: 22

To constructively consider the practice of nurses. 23

24

1. To work constructively for the improvement of patient care and nursing 25

practice. 26

27

2. To recommend to the Hospital ways and means to improve patient care. 28

29

3. To be responsible for equitable distribution of budgeted continuing 30

education funds in a manner consistent with the Hospital staffing needs. 31

32

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4. To exclude from any discussion grievances under or any matters 1

involving the interpretation of this Agreement. 2

3

D. Composition. The Committee is to be composed of five nurses employed at the 4

Hospital and covered by this Agreement. The Committee members are to be 5

elected by the nurse staff at the Hospital and be representative of clinical areas 6

and shifts. 7

8

E. Frequency of Meetings. The Committee shall schedule regular meetings. Each 9

Committee member will be entitled to up to two paid hours per month at the 10

nurse's regular straight-time rate for the purpose of attending Committee 11

meetings. The meetings will be scheduled so as not to conflict with the Hospital 12

operations. The Committee shall prepare an agenda and keep minutes of all 13

meetings, copies of which are to be provided to the Bargaining Unit Leadership 14

and the Vice President of Patient Care Services. The Committee agenda and 15

minutes are to be posted in the nursing units on those bulletin boards 16

designated by the Hospital for the posting of minutes of similar meetings. 17

18

F. Special Meetings. The Hospital may request special meetings with the 19

Committee, but those meetings are not to take the place of the regularly 20

scheduled meetings of the Committee. If the Hospital requests that the 21

Committee undertake a special project or projects, the Hospital will do so, in 22

writing, and specify the amount of time to be paid for such project(s). The 23

Committee may then determine whether to undertake such special projects. 24

25

G. Nurse Staffing Discussions. The Committee may request meetings with the 26

administration to discuss nursing staffing problems. The Committee may make 27

written recommendations to the Vice President of Patient Care Services, who 28

will give them due consideration and respond in writing to the Committee. 29

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ONA/Lebanon Community Hospital 2009-2011 Collective Bargaining Agreement 23

ARTICLE 14. SENIORITY 1

2

A. Accrual. Seniority is length of continuous service with the Hospital as a nurse 3

within the bargaining unit from date of hire for full- and part-time nurses. Per 4

Diem nurses accrue seniority on the basis of hours worked. 5

When needed for comparison in a seniority application situation, a Per Diem 6

nurse will be given credit for a year of service for each 2,080 lifetime hours. 7

A bargaining-unit employee who leaves or has left a position within the 8

bargaining unit, but who remains continuously employed with the Hospital, will 9

not lose his or her previously accrued seniority upon return to the bargaining unit. 10

In such instances the employee will not accrue seniority during the period of 11

Hospital employment outside the bargaining unit. 12

13

B. Loss of Seniority. A nurse will lose all seniority rights for any one or more of the 14

following reasons: 15

1. Voluntary resignation, unless reemployed within three months. 16

17

2. Discharge for just cause. 18

19

3. Failure to return to work within three days after being recalled by certified 20

mail, return receipt requested, unless due to actual illness or accident. 21

22

4. Layoff for more than 180 consecutive days. 23

24

C. Posting of Vacancies. Notices of vacancies and new positions will be posted on 25

the Nursing Administration Office bulletin board and application software program 26

on-line for ten calendar days. Each notice will show the position, shift, unit and 27

whether the position is full or part time. Qualifications, experience, and 28

certifications required may be viewed in the position description. A nurse who is 29

interested in applying for any posted vacancy or new position shall make 30

application on-line through the application software program to the Hospital 31

within the above posting period. All applicants who meet the posted qualifications 32

will be offered an interview. Each applicant will receive a written response, upon 33

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ONA/Lebanon Community Hospital 2009-2011 Collective Bargaining Agreement 24

request, advising him or her of selection for the position or reason for non-1

selection. 2

3

D. Application. Seniority is to prevail in shift changes within the same department. 4

Nurses currently employed by the Hospital will receive preference in job bidding 5

over outside applicants. Seniority will also prevail in advancement and unit 6

changes, provided that each nurse under consideration meets the posted 7

qualifications and has equivalent skills and ability. The Hospital shall judge skills 8

and ability, but such judgment may not be arbitrarily or capriciously exercised. 9

10

E. Seniority Lists. Seniority lists will be maintained by the Hospital and sent, upon 11

request, to the Association for review semiannually. 12

13

F. Long-Term Layoff. In case of a layoff that the Hospital expects to last for two 14

weeks or more or in the event of a permanent closure, the Hospital will first offer 15

nurses in the unit on the shift involved, where the layoff will occur, the opportunity 16

to take voluntary time off. If it is determined that this voluntary procedure is not 17

satisfactory: 18

1. Nurses in the unit on the shift involved will be laid off in the reverse order 19

of seniority, provided that the remaining nurses currently possess the 20

necessary competency to perform the work to be done. The nurses to be 21

laid off under the preceding sentence may go on layoff or, if such a nurse 22

has greater seniority than other nurses on the unit, may request to 23

replace the most junior nurse on the same unit. When such a request is 24

made, it will be granted and the most junior nurse on the unit will be laid 25

off, provided that the remaining nurses on the unit and on the shift 26

currently possess the necessary competency to perform the work to be 27

done. 28

29

2. In the event of a layoff under paragraph 1 above, a laid-off nurse may 30

request to replace the most junior nurse in the Hospital, provided that the 31

laid-off nurse has greater seniority than the other nurse and has the 32

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ONA/Lebanon Community Hospital 2009-2011 Collective Bargaining Agreement 25

necessary skills to perform the work to be done. In such circumstances, 1

the replaced nurse will be laid off. 2

3

3. Nurses will be recalled from layoff in the order of seniority, provided that 4

they have the necessary skills to perform the work to be done. A nurse 5

who has replaced another nurse under paragraph 1 or 2 above will be 6

deemed to be on layoff for purposes of recall rights. If a laid-off nurse is 7

recalled to a shift different from the nurse's assigned shift at the time of 8

the layoff, the nurse may refuse the recall, which will waive his or her 9

recall rights for that assignment, but the nurse may not refuse more than 10

two such recalls during the layoff. When such waivers occur, the nurse's 11

original layoff will continue. 12

13

ARTICLE 15. EMPLOYMENT STATUS 14

15

A. The Hospital has the right to hire, promote, and transfer nurses, except as 16

specifically limited by this Agreement. The Hospital has the right to discipline, 17

suspend, or discharge nurses for just cause. The Hospital shall notify the 18

Association within 24 hours of any suspension or discharge of a nurse. 19

20

B. Nurses may have a representative accompany them to any meeting with nurse 21

managers that they reasonably believe may result in disciplinary action. Such a 22

meeting is not to be unreasonably delayed by the exercise of this right. Nurses 23

will receive copies of any material of an evaluative or disciplinary nature to be 24

placed in the supervisory or personnel files and will have the opportunity to 25

attach a response to it. 26

27

C. All nurses shall make every effort to give at least fourteen (14) calendar days' 28

notice of intention to terminate employment with the Hospital. A nurse may 29

request and will be granted an exit interview, if desired. To be eligible for all 30

accrued PTO, the nurse shall give not less than fourteen (14) calendar days 31

notice of intended resignation, but the Hospital will reasonably consider 32

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ONA/Lebanon Community Hospital 2009-2011 Collective Bargaining Agreement 26

emergency circumstances which affect the nurse’s ability to give the requisite 1

notice. 2

3

D. Any nurse, other than a probationary nurse who thinks he or she has been 4

suspended, disciplined, or discharged without just cause may present a 5

grievance for consideration under the grievance procedure. 6

7

ARTICLE 16. NO STRIKE, NO LOCKOUT 8

9

The parties agree that the services performed by nurses covered by this Agreement 10

are essential to the public health, safety, and welfare. The Hospital therefore agrees 11

that during the term of this Agreement it will not cause or permit any lockout of nurses 12

from their work. Neither the Association nor any nurse will engage in any strike, 13

stoppage of work, slowdown, picketing, sympathy strike, refusal to cross any picket 14

line set up at the Hospital's premises, or any other actual or attempted interruption of 15

work. Any such conduct will be deemed a violation of this Agreement, and any 16

individual or groups of individuals engaged in such activities will be subject to 17

disciplinary action up to and including discharge. Any nurse charged with a violation 18

of this provision will be afforded, prior to disciplinary action being taken, an 19

opportunity to refute such a charge or present mitigating circumstances to the 20

Hospital. 21

22

ARTICLE 17. GRIEVANCE PROCEDURE 23

24

A. A grievance is a dispute between the Hospital and the Association concerning 25

the meaning, application, and/or interpretation of this Agreement. Grievances 26

that arise between the parties are to be handled in accordance with the 27

procedures of this Article, but it is the express intent of the parties that 28

grievances be adjusted informally whenever possible and at the first level of 29

supervision. This Article supersedes any other grievance and/or dispute-30

resolution procedure available to Hospital employees. The time limits contained 31

in this procedure may be extended by mutual agreement of the Hospital and the 32

Association. Grievances may be, by mutual consent of the parties, referred back 33

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ONA/Lebanon Community Hospital 2009-2011 Collective Bargaining Agreement 27

for further consideration or discussion to a prior step or advanced to a higher 1

step of the grievance procedure. 2

3

B. Dismissal grievance must be filed in writing within the first fourteen (14) days 4

following the dismissal and shall be initially filed with the VP of Patient Care 5

Services or designee. 6

7

C. The following four steps constitute the grievance procedure: 8 9

STEP I. If the nurse has a grievance that has not been settled informally, the 10

nurse shall prepare and submit a written and signed grievance, using the 11

Association grievance form, to his or her nurse manager within 15 days after the 12

occurrence out of which it arises, or from the date the nurse reasonably should 13

have been aware of the event(s) constituting the grievance. The written 14

grievance is to set forth the nurse's understanding of the dispute, the names of 15

the nurse(s) affected, the provision(s) of the Agreement alleged to have been 16

violated, and the relief or remedy requested. 17

If a nurse incurs a discipline within three (3) calendar days prior to taking PTO or 18

leave of absence, the deadline for filing a grievance based upon that discipline 19

shall be extended by the number of PTO or leave days taken by the nurse. For 20

purposes of this paragraph, “discipline” includes verbal and written warnings. 21

The nurse manager shall meet with the grievant and, at the grievant's option, 22

with a representative of the Association within fourteen (14) days of the filing of 23

the grievance. Together, they shall try to resolve the grievance. The nurse 24

manager shall give a written decision to the grievant, with a copy to the 25

Association, within seven (7) days of the meeting. 26

27 STEP II. If the grievance is not resolved at Step I, it may be appealed in writing 28

to the Vice President of Patient Care Services (Step II) by the grievant or the 29

Association within fourteen (14) days of receipt of the written Step I response by 30

the grievant. 31

The Vice President of Patient Care Services shall meet with the Association 32

representative and, at the option of the grievant, the grievant within fourteen (14) 33

days of the receipt of the appeal, and together they shall attempt to resolve the 34

grievance. The Vice President of Patient Care Services shall give a written 35

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ONA/Lebanon Community Hospital 2009-2011 Collective Bargaining Agreement 28

decision to the grievant and the Association within fourteen (14) days after the 1

meeting. 2

The Association may initiate a grievance and direct it initially to the Vice 3

President of Patient Care Services if the issue affects the right or benefits of at 4

least four nurses within the bargaining unit. 5

6 STEP III. If the grievance is not settled at Step II, it may be appealed to the 7

CEOs within fourteen (14) days following receipt by the grievant and the 8

Association of the written response at Step II. The parties shall meet within ten 9

days of receipt of the appeal at a mutually convenient time to attempt to resolve 10

the grievance. The CEO will issue a written response to the grievant and the 11

Association within fourteen (14) days following the meeting. 12

13 STEP IV. If the grievance is not resolved at Step III, the Association may refer 14

the issue to binding arbitration by giving notice to the Hospital within 14 days of 15

the CEO response at Step III. 16

The parties may agree to take the grievance to mediation through either the 17

Federal Mediation and Conciliation Service ("FMCS") or some other mediation 18

agency prior to arbitration. 19

20

D. In the event of arbitration, the following will apply: 21

1. The arbitrator will be selected from a list of names supplied by FMCS of 22

seven experienced Oregon resident arbitrators. Each party will 23

alternatively strike names until only one name remains. A flip of the coin 24

will decide which party is to first strike a name. 25

26

2. The expenses of the arbitration, including the arbitrator's fee, will be 27

borne equally by the parties. Each party will, however, be responsible for 28

its own representation fees and witness compensation, if any. 29

30

3. The arbitrator will not have the authority to modify, add to, alter, or detract 31

from the provisions of this Agreement. The award of the arbitrator is to be 32

written and will be binding on the parties. 33

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4. Grievances involving a claim by the grievant and the Association for back 1

pay and benefits are to be processed by the parties expeditiously. The 2

amount of back pay and benefits may be adjusted by the arbitrator if 3

there is clear and convincing evidence of delay on the part of either party, 4

but in no event will the arbitrator have the authority to award back pay or 5

benefits greater than that which would have been earned by the grievant 6

based on his or her regular schedule. 7

8

E. As used in this Article, "days" means calendar days. 9

10

F. Nothing in this Article precludes the Association and/or a nurse from discussing 11

with the Hospital other concerns that are not within the definition of a grievance. 12

13

ARTICLE 18. HEALTH AND WELFARE 14

15

A. Testing. At the time of employment each nurse will be tested by Employee 16

Health for CDC or State of Oregon Health Division recommended diseases at 17

the Hospital's expense. 18

19

B. Employee Health Coordinator. The Hospital will continue its program of having 20

the Employee Health Coordinator available at an Employee Health Clinic to give 21

immunizations, take blood pressure, and answer employee health questions. TB 22

testing, blood pressure checks, immunizations for work-related needs, and 23

work-related lab tests will continue to be available during clinic hours. 24

25

C. Medical and Dental Plans. Each full-time nurse and part-time nurse who is 26

regularly scheduled to work at least 20 hours per week may participate in one of 27

the medical and dental plans offered as part of the Samaritan Choice Plans, in 28

accordance with its terms. The Hospital retains the right to change the medical 29

and/or dental plans offered as part of Samaritan Choice Plans, provided that any 30

such successor plan is substantially equivalent to the previously existing plan. 31

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D. Premium Rate Determination. Employee monthly premium contributions appear 1

in Appendix B. 2

3

1. For those nurses hired on or before February 28, 2010, the employee 4

contribution rates for the medical and dental insurance premiums set for 5

calendar year 2010 will be no more than twelve percent (12%) above the 6

rates set for calendar year 2009. The employee contribution rates for the 7

medical and dental insurance premiums for calendar year 2011 will be no 8

more than twelve percent (12%) above the rates set for calendar year 9

2010. 10

11

2. For employees hired on or after March 1, 2010 employee contribution 12

rates for medical and dental insurance will according to the following 13

percentages of the total cost of the premiums. 14

15

FTE 0.9-1.0 0.8-.89 0.7-.79 0.6-.69 0.5-.59Employee 0.0% 0.0% 25% 25% 25%Ee/Spouse 15.0% 18.75% 25% 25% 25%Ee/Child 15.0% 18.75% 25% 25% 25%Family 15.0% 18.75% 25% 25% 25%

16

E. Life Insurance and Long-Term Disability. During the term of this Agreement, 17

nurses will participate in the life insurance and long-term disability plan as in 18

accordance with the provisions of the SHS plan. During the term of this 19

Agreement, nurses may also participate in the voluntary life insurance plan in 20

accordance with the provisions in the SHS plan. 21

22

F. Short-Term Disability. During the term of this Agreement, nurses may participate 23

in the short-term disability insurance plan according to the provisions of the STD 24

plan provided by SHS. 25

26

G. Section 125 Plan. The Hospital will provide a Section 125 plan that will allow the 27

pretax payment of insurance premiums, un-reimbursed medical expenses, and 28

dependent care. An election of the amount to be withheld monthly must occur 29

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each year, and unused amounts revert to the Hospital at the end of the calendar 1

year. 2

3

H. To facilitate communication and to increase understanding of our health 4

insurance program, two (2) ONA members may participate on the committee to 5

be created by the hospital. 6

7

ARTICLE 19. RETIREMENT 8

9

A. Samaritan Health Services Tax Shelter Annuity (“403b”). The Hospital will 10

provide a TSA plan for all nurses who are legally eligible to participate. The TSA 11

program provided as part of the Samaritan Health Services Tax Sheltered 12

Annuity will permit eligible employees to contribute up to maximum allowable by 13

applicable law. 14

15

B. Hospital Match to the Samaritan health Services TSA. 16

For nurses hired on or before February 28, 2010, the Hospital will match the 17

contribution of the eligible full-time nurses up to three (3) percent of gross pay. 18

For nurses hired on or after March 1, 2010, the Hospital will match the 19

contribution of the eligible full-time nurses up to two (2) percent of gross pay. 20

21

C. Samaritan Health Services Retirement Plan. Nurses will participate in 22

accordance with the terms of the Samaritan Health Services Retirement Plan 23

which will include a contribution by the Hospital of four (4) percent of eligible 24

compensation. 25

26

ARTICLE 20. SEPARABILITY 27

28

If any provision of this Agreement is at any time declared invalid by any court of 29

competent jurisdiction or through government regulations or decree, that decision will 30

not invalidate the entire Agreement, it being the express intention of the parties hereto 31

that all other provisions not declared invalid will remain in full force and effect. 32

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ONA/Lebanon Community Hospital 2009-2011 Collective Bargaining Agreement 32

ARTICLE 21. DURATION OF AGREEMENT 1

2

This Agreement is in full force and effect on ratification (except where otherwise 3

designated), and, as expressly set forth hereunder, will remain in effect until June 30, 4

2011, and from year to year thereafter unless either party gives written notice to the 5

other party at least 90 days prior to the expiration date of its desire to terminate or 6

modify this Agreement. 7

IN WITNESS HERETO, the parties have executed this Agreement on the dates set 8

forth below: 9

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ONA/Lebanon Community Hospital 2009-2011 Collective Bargaining Agreement 33

1

OREGON NURSES ASSOCIATION SAMARITAN LEBANON COMMUNITY 2

HOSPITAL 3

4

By: By: 5

Cheryl Coddington, RN Becky Pape, CEO 6

7

By: By: 8

Louise Franklin, RN Wendie Wunderwald, 9

V.P. Patient Care Services 10

By: By: 11

Lisa Brown, RN, IBCLC Constance Erwin, 12

Director, Human Resources 13

By: By: 14

Susan Greenup, RN, BSN, CPAN Pat Boose 15

Director of Labor Relations 16

By: 17

Nancy McPherson, RN, CGRN 18

19

By: ___________________________ 20

Tina Colwell, RN, RNC 21

22

By: 23

Christine Hauck , ONA Labor Representative 24

25

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ONA/Lebanon Community Hospital 2009-2011 Collective Bargaining Agreement 34

APPENDIX A 1

COMPENSATION 2

3

Wage Scale. 4

1. Registered Nurses will be placed on the appropriate step of the 5

wage scale upon hire. The wage scale is depicted on the last page 6

of Appendix A. 7

8

2. Nurses will progress to the next step on the scale on the nurse's 9

anniversary date, provided that on such date (1) the nurse has 10

completed at least the years of service with the Hospital that 11

correspond to the next step; (2) the nurse has completed 1100 12

hours of service for the preceding 12 months; and (3) the nurse 13

has satisfied the requirements outlined in paragraph B below. If 14

the nurse has not completed the requirements of this paragraph, 15

the nurse will progress to the next step when he or she satisfies all 16

such requirements. 17

Effective July 1, 2009 base hourly wage rates will be increased by three (3) percent 18

across the board. 19

20

Effective January 1, 2010 base hourly wages will be increased by two and one half 21

(2.5) percent across the board. 22

23

Effective July 1, 2010 base hourly wages will be increased by three (3) percent across 24

the board. 25

26

Effective January 1, 2011 base hourly wages will be increased by three (3) percent 27

across the board. 28

29

Professional Accountability Requirements. 30

To be eligible to progress to a higher step on the wage scale set forth in 31

paragraph A above, the nurse must provide evidence that the following 32

were successfully completed during the 12 months preceding the nurse’s 33

anniversary date: 34

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ONA/Lebanon Community Hospital 2009-2011 Collective Bargaining Agreement 35

Completion of the annual safety fair. 1

Completion of annual competency requirements. 2

TB testing and annual health screen. 3

TB Mask Fit Testing. 4

Basic Life Support. 5

Maintenance of current licensure. 6

Completion of annual service excellence training. 7

Completion of department-specific skills lab. 8

9

Differentials and Premiums 10

A. Shift Differential. Nurses working hours on both evening and night shifts will be 11

paid the differential based on the time the hours are worked. Nurses working a 12

shift that overlaps into evening or night shift will be paid shift differential only 13

when a majority of their hours fall within evening or night shift and will be paid 14

the differential for all hours of their shift. 15

Nurses will be paid shift differentials as follows: 16

Hours worked between 3:00 p.m. and 11:30 p.m.: $1.90 per hour. 17

Hours worked between 11:00 p.m. and 7:30 p.m.: $4.15 per hour. 18

19

B. Experience. The Hospital will recognize prior related nursing experience in 20

salary placement of nurses. 21

22

C. Charge Nurse Differential. Nurses serving in a charge capacity will receive a 23

differential of $1.50 per hour. 24

25

D. Per Diem Nurse Differential. Casual nurses will be paid $3.00 per hour. 26

27

E. Preceptor Differential. Nurses who act in the capacity of a preceptor at the 28

request of the Hospital will be paid a differential of $.50 per hour for all hours 29

worked. To be eligible to act as a preceptor and receive the differential 30

described herein, the nurse must comply with the criteria of the Hospital 31

Preceptor Guidelines. 32

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ONA/Lebanon Community Hospital 2009-2011 Collective Bargaining Agreement 36

F Weekend Differential. For any shift predominately worked on a Saturday or 1

Sunday the nurse shall be paid a differential of $1.50 per hour. 2

3

G. Certification Differential. A nurse may apply for and will receive a $1.50 per hour 4

certification differential as of the application date, if the nurse has a current 5

national specialty certification listed on Appendix C that is relevant to 6

department where the nurse works the majority of his or her hours. 7

8

H. BSN Differential. A differential of $.50 per hour will be paid to ONA represented 9

nurses who hold a BSN. 10

11

I. On Call and Call Back 12

On call will be paid at the rate of $4.00 per hours. On the holidays set forth in 13

Article 9, such on call rate will be $4.50 per hour.14

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Samaritan Lebanon Community Hospital ONA Wage Table - Effective July 1, 2009 through June 30, 2011

Meditech Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10

Step 11

Step 12

Step 13

Step 14

Step 15

Contract Start Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 9 Step 11

Step 13

Step 15

Step 20

Step 25

Step 30

Current $27.80 $28.63 $29.49 $30.37 $31.29 $32.22 $33.19 $34.19 $35.21 $36.27 $37.36 $38.48 $39.63 $40.82 $42.05 7/1/2009 3% Increase $28.63 $29.49 $30.37 $31.29 $32.22 $33.19 $34.19 $35.21 $36.27 $37.36 $38.48 $39.63 $40.82 $42.05 $43.31 1/1/2010 2.5% Increase $29.35 $30.23 $31.13 $32.07 $33.03 $34.02 $35.04 $36.09 $37.18 $38.29 $39.44 $40.62 $41.84 $43.10 $44.39 7/1/2010 3% Increase $30.23 $31.13 $32.07 $33.03 $34.02 $35.04 $36.09 $37.18 $38.29 $39.44 $40.62 $41.84 $43.10 $44.39 $45.72 1/1/2011 3% Increase $31.13 $32.07 $33.03 $34.02 $35.04 $36.09 $37.18 $38.29 $39.44 $40.62 $41.84 $43.10 $44.39 $45.72 $47.09

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APPENDIX B 1

Samaritan Health Services 2010 Rates New Employees hired 3/1/10 and later

MEDICAL & PHARMACY TRADITIONAL PLAN Employee Mo

Rates Employee Bi-

Weekly EMPLOYEE - 0.9 to 1.0 FTE $0.00 $0.00 EMPLOYEE - 0.8 to 0.89 FTE $0.00 $0.00 EMPLOYEE - 0.5 to 0.79 FTE $136.60 $63.05 EMP & SPOUSE - 0.9 to 1.0 FTE $185.22 $85.49 EMP & SPOUSE - 0.8 to 0.89 FTE $231.53 $106.86 EMP & SPOUSE - 0.5 to 0.79 FTE $308.70 $142.48 EMP & CHILDREN - 0.9 to 1.0 FTE $154.07 $71.11 EMP & CHILDREN - 0.8 FTE $192.59 $88.89 EMP & CHILDREN - 0.5 to 0.79 FTE $256.79 $118.52 FAMILY - 0.9 to 1.0 FTE $244.24 $112.73 FAMILY - 0.8 to 0.89 FTE $305.30 $140.91 FAMILY - 0.5 to 0.79 FTE $407.07 $187.88

DENTAL/VISION Employee Mo Rates

Employee Bi-Weekly

EMPLOYEE - FT (0.8 to 1.0 FTE) $0.00 $0.00 EMPLOYEE - PT (0.5 to 0.79 FTE) $0.00 $0.00 EMP & SPOUSE - FT (0.8 to 1.0 FTE) $29.50 $13.62 EMP & SPOUSE - PT (0.5 to 0.79 FTE) $35.36 $16.32 EMP & CHILDREN - FT (0.8 to 1.0 FTE) $24.53 $11.32 EMP & CHILDREN - PT (0.5 to 0.79 FTE) $29.41 $13.57 FAMILY - FT (0.8 to 1.0 FTE) $38.86 $17.94 FAMILY - PT (0.5 to 0.79 FTE) $46.62 $21.52 SCP HIGH DEDUCTIBLE 2010 PREMIUM RATES

MEDICAL & PHARMACY Employee Mo Employee Bi Rates Weekly

EMPLOYEE - FT (0.8 to 1.0 FTE) $0.00 $0.00 EMPLOYEE - PT (0.5 to 0.79 FTE) $0.00 $0.00 EMP & SPOUSE - FT (0.8 to 1.0 FTE) $131.98 $60.91 EMP & SPOUSE - PT (0.5 to 0.79 FTE) $175.97 $81.22 EMP & CHILDREN - FT (0.8 to 1.0 FTE) $109.78 $50.67 EMP & CHILDREN - PT (0.5 to 0.79 FTE) $146.39 $67.56 FAMILY - FT (0.8 to 1.0 FTE) $174.03 $80.32 FAMILY - PT (0.5 to 0.79 FTE) $232.06 $107.10

IMPORTANT NOTE: EMPLOYEES MAY OPT OUT OF THE MEDICAL/PHARMACY BENEFIT (WITH PROOF OF OTHER INSURANCE)

AND RECEIVE $55.39 PER PAY PERIOD. EMPLOYEES COVERED UNDER TRICARE AND MEDICARE ARE NOT ELIGIBLE FOR THE

OPT OUT CREDIT

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1

Samaritan Health Services 2010 Rates Grandfathered Employees

SCP TRADITIONAL PLAN 2010 PREMIUM RATES

MEDICAL & PHARMACY Employee Mo Rates

Employee Bi-Weekly

EMPLOYEE - FT (0.8 to 1.0 FTE) $0.00 $0.00 EMPLOYEE - PT (0.5 to 0.75 FTE) $0.00 $0.00 EMP & SPOUSE - FT (0.8 to 1.0 FTE) $175.07 $80.80 EMP & SPOUSE - PT (0.5 to 0.75 FTE) $221.13 $102.06 EMP & CHILDREN - FT (0.8 to 1.0 FTE) $145.90 $67.34 EMP & CHILDREN - PT (0.5 to 0.75 FTE) $175.07 $80.80 FAMILY - FT (0.8 to 1.0 FTE) $244.22 $112.72 FAMILY - PT (0.5 to 0.75 FTE) $307.85 $142.08

DENTAL/VISION Employee Mo Rates

Employee Bi-Weekly

EMPLOYEE - FT (0.8 to 1.0 FTE) $0.00 $0.00 EMPLOYEE - PT (0.5 to 0.75 FTE) $0.00 $0.00 EMP & SPOUSE - FT (0.8 to 1.0 FTE) $29.50 $13.62 EMP & SPOUSE - PT (0.5 to 0.75 FTE) $35.36 $16.32 EMP & CHILDREN - FT (0.8 to 1.0 FTE) $24.53 $11.32 EMP & CHILDREN - PT (0.5 to 0.75 FTE) $29.41 $13.57 FAMILY - FT (0.8 to 1.0 FTE) $38.86 $17.94 FAMILY - PT (0.5 to 0.75 FTE) $46.62 $21.52 SCP HIGH DEDUCTIBLE 2010 PREMIUM RATES

MEDICAL & PHARMACY Employee Mo Employee Bi Rates Weekly

EMPLOYEE - FT (0.8 to 1.0 FTE) $0.00 $0.00 EMPLOYEE - PT (0.5 to 0.75 FTE) $0.00 $0.00 EMP & SPOUSE - FT (0.8 to 1.0 FTE) $131.98 $60.91 EMP & SPOUSE - PT (0.5 to 0.75 FTE) $175.97 $81.22 EMP & CHILDREN - FT (0.8 to 1.0 FTE) $109.78 $50.67 EMP & CHILDREN - PT (0.5 to 0.75 FTE) $146.39 $67.56 FAMILY - FT (0.8 to 1.0 FTE) $174.03 $80.32 FAMILY - PT (0.5 to 0.75 FTE) $232.06 $107.10

IMPORTANT NOTE: EMPLOYEES MAY OPT OUT OF THE MEDICAL/PHARMACY BENEFIT (WITH PROOF OF OTHER INSURANCE)

AND RECEIVE $55.39 PER PAY PERIOD.

EMPLOYEES COVERED UNDER TRICARE AND MEDICARE ARE NOT ELIGIBLE FOR THE OPT OUT CREDIT

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ONA/Lebanon Community Hospital 2009-2011 Collective Bargaining Agreement 40

APPENDIX C 1

SPECIALTY CERTIFICATIONS 2

AOCN Advanced Oncology Certified Nurse 3

CAPA Certified Ambulatory, Peri-Anesthesia Nurse 4

CCCN Certified Continence Care Nurse 5

CCRN Critical Care RN 6

CEN Certified Emergency Nurse 7

CGRN Certified Gastroenterology Registered Nurse 8

CMSRN Certified Medical Surgical Registered Nurse 9

CNOR Certified Nurse, Operating Room 10

COCN Certified Ostomy Care Nurse 11

CPAN Certified Peri-Anesthesia Nurse 12

CPN Certified Pediatric Nurse 13

CPON Certified Pediatric Oncology Nurse 14

CRNI Certified Registered Nurse Intravenous 15

CVN Certified Vascular Nurse 16

CWCN Certified Wound Care Nurse 17

CWOCN Certified Wound, Ostomy, Continence Nurse 18

HNC Holistic Nurse Certification 19

IBCLC Certified Lactation Nurse 20

LCCE Lamaze Certified Childbirth Educator 21

OCN Oncology Certified Nurse 22

ONC Orthopaedic Nurse Certificate 23

RNC Maternal/Neonatal Nursing Certificate 24

-INPT, MN, LRN 25

RN, C/BC Ambulatory Care Nurse 26

Cardiac/Vascular Nurse 27

Gerontological Nurse 28

Medical Surgical Nurse 29

Perinatal Nurse 30

Pain Management 31

SANE Sexual Assault Nurse Examiner 32

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ONA/Lebanon Community Hospital 2009-2011 Collective Bargaining Agreement 41

APPENDIX D 1

2

LETTER OF AGREEMENT 3

Between 4

Samaritan Lebanon Community Hospital 5

And 6

Oregon Nurses Association 7

8

9

Effective with the July 1, 2009 to June 30, 2011 collective bargaining agreement two 10

levels of benefits were established by the parties above in: 11

12

Article 6. Paid Time Off PTO accrual rates

Article 17 Pension Plan Employer match for SHS

Tax-Sheltered Annuity Plan

Article 18. Health and Welfare Employee premium

contribution for insurance

13

Levels are described in the language of the articles listed above for those employees 14

covered by this agreement who were hired on or before February 28, 2010 and those 15

employees covered by this agreement who were hired on or after March 1, 2010. 16

17

“Hired after March 1, 2010” for the purpose of this side letter will not refer to transfers 18

from within SHS, but to nurses newly hired by SHS on or after March 1, 2010. If a 19

nurse resigns from SLCH, but is rehired within thirty (30) days of resignation, the nurse 20

shall be replaced at the benefit level he or she was at the time of the resignation. If a 21

nurse resigns from SLCH and returns to employment after thirty (30) days or more of 22

the resignation, the nurse shall be placed at the post March 1, 2010 benefit level. 23

24

SLCH and ONA have agreed upon a mechanism for nurses hired on or after March 1, 25

2010 to work into the grandfathered level of benefits. 26

27

A nurse hired on or after March 1, 2010 will be eligible for the “grandfathered” benefit 28

levels after reaching eight thousand (8,000) Benefit Hours. Benefit Hours are defined to 29

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include the following hours: 1

2

Hours worked at straight time Call back hours worked

Overtime or premium hours

worked

Mandatory meeting hours paid

PTO Hours paid Education hours paid

Mandatory Absence Hours

(unpaid)

Excluded - On Call hours paid

3

Benefit Hours will be monitored by SHS HR Compensation. If a nurse reaches eight 4

thousand (8,000) Benefit Hours, the nurse shall transition to the grandfathered level of 5

benefits described in the articles listed above on the first day of the first pay period 6

following in which such transitions are processed. 7

8

Transitions will be processed only once every four pay periods. Benefit Hour reports for 9

nurses covered under this agreement will be provided to ONA after any transitions are 10

processed. 11

12

For Samaritan Lebanon Community Hospital For Oregon Nurses Association 13

14

_____________________________ _______________________________ 15

Date ________________ Date ________________ 16

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TABLE OF CONTENTS

ARTICLE 1. RECOGNITION ........................................................................................................................1 ARTICLE 2. ASSOCIATION MEMBERSHIP...............................................................................................1 ARTICLE 3. NONDISCRIMINATION ...........................................................................................................2 ARTICLE 4. MANAGEMENT RIGHTS.........................................................................................................3 ARTICLE 5. ASSOCIATION RIGHTS..........................................................................................................3 ARTICLE 6. DEFINITIONS...........................................................................................................................5 ARTICLE 7. HOURS OF WORK ..................................................................................................................7 ARTICLE 8. MISCELLANEOUS BENEFITS .............................................................................................12 ARTICLE 9. HOLIDAYS.............................................................................................................................13 ARTICLE 10. PERSONAL TIME OFF........................................................................................................14 ARTICLE 11. LEAVES OF ABSENCE ......................................................................................................17 ARTICLE 12. PROFESSIONAL DEVELOPMENT.....................................................................................19 ARTICLE 13. PROFESSIONAL NURSING CARE COMMITTEE .............................................................21 ARTICLE 14. SENIORITY ..........................................................................................................................23 ARTICLE 15. EMPLOYMENT STATUS.....................................................................................................25 ARTICLE 16. NO STRIKE, NO LOCKOUT................................................................................................26 ARTICLE 17. GRIEVANCE PROCEDURE................................................................................................26 ARTICLE 18. HEALTH AND WELFARE ...................................................................................................29 ARTICLE 19. RETIREMENT ......................................................................................................................31 ARTICLE 20. SEPARABILITY ...................................................................................................................31 ARTICLE 21. DURATION OF AGREEMENT ............................................................................................32 APPENDIX A ..............................................................................................................................................34 APPENDIX B ..............................................................................................................................................38 APPENDIX C ..............................................................................................................................................40 APPENDIX D ..............................................................................................................................................41