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TRANSCRIPT
Agreement
between
Lawrence General Hospital
and
Massachusetts Nurses
Association
October 8, 2013 – October 1, 2015
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Table of Contents
AGREEMENT ..................................................................................................................................... 4
ARTICLE I .......................................................................................................................................... 4
SECTION 1. RECOGNITION ................................................................................................................. 4 SECTION 2. PARTICIPATION IN PROFESSIONAL ASSOCIATION ........................................................... 4
SECTION 3. CHECK-OFF OF DUES ...................................................................................................... 5 SECTION 4. SERVICE FEE .................................................................................................................. 5
ARTICLE II ........................................................................................................................................ 5
SECTION 1. MINIMUM SALARIES ....................................................................................................... 5 SECTION 2. PART-TIME AND TEMPORARY NURSES ........................................................................... 6 SECTION 3. CREDIT FOR EXPERIENCE ............................................................................................... 6 SECTION 4. SHIFT DIFFERENTIAL ...................................................................................................... 7
SECTION 5. EDUCATIONAL DIFFERENTIAL ........................................................................................ 7 SECTION 6. WEEKEND DIFFERENTIAL ............................................................................................... 7
SECTION 7. ON CALL ........................................................................................................................ 8 SECTION 8. CHARGE PAY .................................................................................................................. 9
SECTION 9. PAYMENT OF WAGES ..................................................................................................... 9 SECTION 10. PRECEPTOR DIFFERENTIAL ............................................................................................. 9 SECTION 11. RNFA DIFFERENTIAL .................................................................................................... 9
SECTION 12. EXTRA INCENTIVE PROGRAM (EIP) ............................................................................. 10
ARTICLE III .................................................................................................................................... 10
SECTION 1. HOURS OF WORK ......................................................................................................... 10 SECTION 2. OVERTIME .................................................................................................................... 11 SECTION 3. SCHEDULES .................................................................................................................. 12
SECTION 4. EXEMPTION FROM ROTATION ...................................................................................... 13
SECTION 5. CHANGE IN NURSES’ SCHEDULE .................................................................................. 14 SECTION 6. LOW WORK LOAD ........................................................................................................ 14
ARTICLE IV ..................................................................................................................................... 15
SECTION 1. HOLIDAYS .................................................................................................................... 15
ARTICLE V ....................................................................................................................................... 17
SECTION 1. VACATIONS, FULL-TIME NURSES ................................................................................. 17 SECTION 2. VACATION, PART-TIME NURSES .................................................................................. 18 SECTION 3. ELIGIBILITY AND COMPUTATION .................................................................................. 18
SECTION 4. SCHEDULING ................................................................................................................ 18
ARTICLE V PAID TIME OFF ....................................................................................................... 19
SECTION 1. ACCRUAL ..................................................................................................................... 20 SECTION 2. USAGE .......................................................................................................................... 20 SECTION 3. CARRY-OVER/MAXIMUM ACCRUAL ............................................................................ 21
SECTION 4. PAYMENT ..................................................................................................................... 21 SECTION 5. CASH-IN ....................................................................................................................... 21 SECTION 6. EXTENDED ILLNESS BANK (EIB) ................................................................................. 22
SECTION 7. DONATION ................................................................................................................... 22
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SECTION 8. SCHEDULING OF PTO FOR VACATION .......................................................................... 22
ARTICLE VI ..................................................................................................................................... 24
SECTION 1. PAID SICK LEAVE ......................................................................................................... 24 SECTION 2. MEDICAL INSURANCE .................................................................................................. 25
SECTION 3. EARLY RETIREMENT/63 BRIDGE PROGRAM ................................................................. 26 SECTION 4. HOSPITAL DISCOUNT ................................................................................................... 26 SECTION 5. ACCRUAL OF SICK LEAVE BENEFITS ............................................................................ 27 SECTION 6. PERSONAL DAYS .......................................................................................................... 27 SECTION 7. CONTINUATION OF HEALTH INSURANCE BENEFITS ...................................................... 28
ARTICLE VII ................................................................................................................................... 28
SECTION 1. LEAVES OF ABSENCE ................................................................................................... 28
SECTION 2. MISCELLANEOUS .......................................................................................................... 30
ARTICLE VIII ................................................................................................................................. 31
SECTION 1. SENIORITY .................................................................................................................... 31 SECTION 2. VACANCIES .................................................................................................................. 32
SECTION 3. LOSS OF SENIORITY ...................................................................................................... 32 SECTION 4. REDUCTIONS IN FORCE ................................................................................................. 32
SECTION 5. ASSOCIATION REPRESENTATIVES ................................................................................. 35 SECTION 6. NON-DISCRIMINATION ................................................................................................. 35 SECTION 7. HOSPITAL TRAVEL ....................................................................................................... 35
SECTION 8. JURY DUTY .................................................................................................................. 35 SECTION 9. DISCIPLINE ................................................................................................................... 36
SECTION 10. PROFESSIONAL ACTIVITIES .......................................................................................... 36 SECTION 11. TUITION REIMBURSEMENT ........................................................................................... 37 SECTION 12. RESIGNATIONS ............................................................................................................. 38
SECTION 13. LABOR/MANAGEMENT COMMITTEE ............................................................................. 39
SECTION 14. CERTIFICATIONS ........................................................................................................... 39 SECTION 15. TRANSFERS .................................................................................................................. 39
SECTION 16. PAY FOR NEGOTIATIONS .............................................................................................. 40
ARTICLE IX ..................................................................................................................................... 40
SECTION 1. DEATH IN THE IMMEDIATE FAMILY .............................................................................. 40
SECTION 2. LIABILITY INSURANCE ................................................................................................. 41 SECTION 3. WORKER'S COMPENSATION .......................................................................................... 41 SECTION 4. BULLETIN BOARDS ....................................................................................................... 41 SECTION 5. FAMILY AND MEDICAL LEAVE ACT ............................................................................. 42
ARTICLE X ....................................................................................................................................... 42
SECTION 1. DENTAL PLAN .............................................................................................................. 42 SECTION 2. LONG-TERM DISABILITY PLAN .................................................................................... 42 SECTION 3. LIFE INSURANCE .......................................................................................................... 42
SECTION 4. RETIREMENT SAVINGS ................................................................................................. 42
ARTICLE XI ..................................................................................................................................... 43
SECTION 1. MANAGEMENT RIGHTS ................................................................................................ 43
ARTICLE XII ................................................................................................................................... 43
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SECTION 1. GRIEVANCE PROCEDURE .............................................................................................. 43
ARTICLE XIII ................................................................................................................................. 47
SECTION 1. ENTIRE AGREEMENT .................................................................................................... 47
ARTICLE XIV .................................................................................................................................. 48
SECTION 1. NO STRIKES--NO LOCKOUTS ....................................................................................... 48
ARTICLE XV .................................................................................................................................... 48
SECTION 1. PER DIEM NURSES........................................................................................................ 48
ARTICLE XVI .................................................................................................................................. 52
SECTION 1. WORKPLACE VIOLENCE ............................................................................................... 52 SECTION 2. ERGONOMIC/MUSCULOSKELETAL INJURIES ................................................................. 53
ARTICLE XVII ................................................................................................................................ 53
SECTION 1. SUCCESSORSHIP ........................................................................................................... 53
ARTICLE XVIII .............................................................................................................................. 55
SECTION 1. DURATION AND RENEWAL ........................................................................................... 55
APPENDIX A TABLE OF SALARIES ........................................................................................ 56
APPENDIX B TIME SCHEDULES ............................................................................................. 58
APPENDIX C PTO ACCRUALS .................................................................................................. 60
SIDE LETTER #1 COMBINE TWO SHIFTS .......................................................................... 62
SIDE LETTER #2 CRITICAL CARE UNITS ........................................................................... 63
SIDE LETTER #3 RAPID RESPONSE/CAT/CODE POSITION ....................................... 64
SIDE LETTER #4 HEALTH INSURANCE CO-PAYMENTS ................................................ 65
SIDE LETTER #5 OR/PACU ON CALL GUIDELINES ........................................................ 66
SIDE LETTER #6 CASE MANAGER AGREEMENT .............................................................. 67
INDEX ............................................................................................................................................... 69
AGREEMENT
Agreement made and entered by and between the Lawrence General Hospital, hereinafter
referred to as the "Hospital", and the Massachusetts Nurses Association, hereinafter referred to as
the "Association".
ARTICLE I
Section 1. Recognition
The Hospital recognizes the Association as the sole and exclusive bargaining representative
for all registered nurses, excluding the Chief Nursing Officer/ Vice President, Patient Care Services,
Director of Education, Administrative Supervisors, Directors, Coordinators and all other supervisors.
Bargaining unit nurse duties will not include evaluation, discipline, hiring or firing of unit members.
The Hospital agrees not to challenge the bargaining unit status of any bargaining unit nurse.
Section 2. Participation in Professional Association
The Association Chairperson, or designee, will be allowed twenty (20) minutes to inform
new nurses, at the time of their orientation, of the Association's status within the Hospital; such
time will be compensated if the nurse was otherwise scheduled to work. The Hospital will
provide the Association in writing, with an alphabetical listing of members of the bargaining unit,
their dates of hire and addresses, and the names of any nurses who have terminated in the
preceding month, as well as the names of any nurses who have been hired in the preceding
month, their current unit, and base hourly rate of pay. The Hospital recognizes the right of any
nurse to become a member of the Association and will not discourage, discriminate, or, in any
other way, interfere with the right of any nurse to become and remain a member of the
Association. The Association agrees that it will not discriminate against any nurse for failure to
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join or remain a member of the Association.
Section 3. Check-off of Dues
The Hospital agrees to deduct the Annual Association Membership Dues on a weekly basis
from the salary of the nurses and to remit same to the Association on the following basis: (1) Each
individual nurse must sign and have on file with the Hospital Payroll Department a "Dues Check-off
Authorization Card" in the form agreed to by the Parties; (2) Such deduction shall be made on the
first Payroll period of the month following the filing of the authorization card; (3) The Hospital will
remit to the Association the total sums so deducted together with a list of the names of the nurses
from whom deductions were made no later than the end of the month in which the deductions
were made; (4) The Association agrees to indemnify the Hospital against any award, judgment,
loss or expense arising out of any claims made against it by any employee because of such
deductions from her/his salary.
Section 4. Service Fee
No later than thirty (30) days after beginning employment with the Hospital, a registered nurse
in the bargaining unit who is not a member of the Association shall, as a condition of employment,
pay to the Association a service fee in such amount as the Association shall certify as
proportionately commensurate with the cost of collective bargaining and contract administration.
The Hospital agrees to deduct the fee on a weekly basis under the same terms and conditions as
set forth in Section 3 above.
ARTICLE II
Table of Salaries Section 1. Minimum Salaries
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A. October 8, 2013 – 1% ATB increase for all regularly scheduled nurses (excluding
per diems).
B. October 1, 2014 – 1% ATB increase for all nurses (including per diems).
C. New Step 18 – effective October 8, 2013, the Hospital shall create a new Step 18
at 3% above Step 17. Nurses who have been at Step 17 for a minimum of one
(1) year will advance to the new Step 18 effective October 8, 2013. Nurses who
have been at Step 17 for less than one (1) year will advance to Step 18 on
her/his next anniversary date.
D. Step 20 - effective October 8, 2013, shall increase 1%.
E. Step 20 - effective October 1, 2014, shall increase 1%.
Section 2. Part-Time and Temporary Nurses
Part-time nurses will be paid at the hourly rate for their classification set forth in Section 1
plus any differentials. Part-time nurses must work a minimum of one thousand (1,000) hours per
year or be employed by the Hospital for one (1) year, whichever is longer, in order to come within
the progression schedule set forth in Section 1 above, and for each additional increment, an
additional one thousand (1,000) hours or additional year, whichever is longer.
Temporary nurses are hired for a limited period of time, the duration of which usually does
not exceed four months, or average less than eight (8) work hours per week. Temporary nurses
shall not be eligible for benefits except as specifically indicated.
Section 3. Credit for Experience
A newly employed RN will be placed in the appropriate pay step in the pay scale based
upon her/his recent relevant experience and its application to her/his new position as determined
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by the Chief Nursing Officer / Vice President, Patient Care Services. Steps on the scale represent
years of applicable relevant experience as a registered nurse. In the event a non-bargaining unit
RN currently employed at the Hospital is hired into a bargaining unit position, she/he shall be
placed on the appropriate wage step based on years of experience as a non-LGH registered nurse
and then credited one step on the scale for each year said nurse was continuously employed in a
staff position working 20 hours or more as an RN at the Hospital in a bargaining unit or a non-
bargaining unit position. In no event shall a new hire be placed above a similarly experienced
bargaining unit RN. Any such bargaining unit RN shall have her/his pay adjusted.
Section 4. Shift Differential
Nurses working on the evening shift will be paid additional compensation at the rate of
three dollars ($3.00) per hour.
Nurses will receive the appropriate differential when they work four (4) or more hours into
the evening or night shift.
The night shift differential for nurses working the 11:00 p.m. – 7:00 a.m. shift shall be
$7/hr.
Section 5. Educational Differential
(a) A nurse with a baccalaureate degree in nursing shall receive additional
compensation at the rate of twenty-five dollars ($25.00) per week if she/he is full-time, and at the
rate of twelve dollars and fifty cents ($12.50) per week if she/he is part-time.
A nurse with a Masters Degree in Nursing shall receive additional compensation at
the rate of thirty-five dollars ($35.00) per week if she/he is full-time, and at the rate of twenty-
three dollars and ten cents ($23.10) per week if she/he is part-time.
Section 6. Weekend Differential
Nurses working on Saturday and/or Sunday will receive additional compensation
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at the rate of three dollars ($3.00) per hour. For purposes of this section, the weekend shall begin
with the start of the day shift on Saturday and shall terminate with the start of the day shift on
Monday.
Section 7. On Call
A nurse shall be paid five dollars and seventy five cents ($5.75) per hour when on call.
When called into work, she/he shall be paid at one and one-half (1 1/2) times her/his straight time
rate with pay for three hours' work guaranteed for each call-in. The Hospital will assign on-call in
the Operating Room, PACU, Ambulatory Procedures, Labor and Delivery, and Radiology equitably
among all eligible nurses, subject to its operating requirements. Guidelines for OR/PACU On Call
are available in Side Letter # 5. RNs shall not be allowed to accept on-call assignments which
could result in their working more than sixteen hours within a rolling 24-hour period. The Hospital
shall provide designated clean, secure sleep rooms for the sole use of OR and L&D nurses when
on call; it is understood that L&D nurses shall use one of the OB physician sleep rooms.
Every effort shall be made to schedule sufficient registered nurses to meet the core needs
of the Labor and Delivery unit on all shifts. All unfilled shifts will be posted on the holes list and
filled in the following priority order:
1. Extra shift at straight time;
2. Voluntary on-call:
3. Extra shifts at overtime;
4. Assign remaining holes as on-call in four (4) hour increments.
In the event of a sick call or unexpected absence, if there is an on-call nurse scheduled,
she/he can elect to either work the shift and will be paid as called in; or remain on-call in
which case the shift will be offered and filled in accordance with #1 - #4 above.
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Section 8. Charge Pay
Any staff nurse who is in charge of a floor on the day, evening or night shift shall receive
charge pay at the rate of two dollars ($2.00) per hour. The Hospital will not assign charge
responsibilities to registered nurses unless they have a minimum of one year clinical experience as
a registered nurse.
Section 9. Payment of Wages
Nurses will be paid once a week.
Section 10. Preceptor Differential
The Hospital will pay a nurse two dollars fifty cents ($2.50) per hour, to be calculated and paid
on a weekly basis, up to a maximum of four hundred (400) hours, for precepting a newly
licensed registered nurse or a registered nurse who is new to a unit. In the case of the OR,
the precepting program, in the judgment of the unit’s director, may exceed four hundred (400)
hours if there are two or more nurses who have simultaneously begun a training program.
Two registered nurses may share precepting duties, in which case they will each be
compensated in proportion to the amount of time she or he spends in precepting the nurse, up
to a maximum of four hundred (400) hours for the two of them combined, or in the case of
the OR up to the maximum determined by the unit’s director. The clinical
coordinator/manager, and in the case of the OR, the director, will consult with the educator,
the preceptor and the precepted nurse during the period of precepting, in order for her or him
to ascertain how the precepting is going and whether the period needs to be extended.
Section 11. RNFA Differential
A non-certified Registered Nurse First Assistant shall receive a differential of three dollars
($3.00) per hour when assigned or performing as an RNFA; a certified Registered Nurse First
Assistant shall receive a differential of five dollars ($5.00) per hour when assigned or
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performing as an RNFA.
Section 12. EXTRA INCENTIVE PROGRAM (EIP)
Extra Incentive shifts shall be offered and paid in accordance with the following
terms and conditions:
1. If the vacancy rate in a particular unit is 25% or more, the Hospital will offer the EIP
bonus to nurses working in the affected unit during the affected time period and for
position vacancies.
2. EIP is intended to be booked in advance as part of the scheduling process. EIP shifts
will be posted and awarded in accordance with Article III, Section 3.
3. EIP is to be paid for an extra shift worked in a given week over and above a nurse’s
regular schedule. For example, if a 24 hour per week nurse works an EIP shift, the
nurse would have to work 32 hours that week. It is not meant to fill an open shift
designated as EIP by a nurse in exchange for another day off.
4. EIP bonus per eight (8) hour shift is as follows: 7 a.m. – 3 p.m. and 3 – 11 p.m. =
$100; 11 p.m.. – 7 a.m. = $175. The bonus will be paid for four (4) hours at half
the value.
5. Per diem nurses are eligible to participate provided she/he has fulfilled her/his
minimum monthly work commitment.
ARTICLE III
Section 1. Hours of Work
The regular work week for the nursing staff shall consist of forty (40) hours within a
calendar week. The Hospital calendar week shall begin with the start of the day shift on Sunday.
The regular work day shall consist of eight (8) consecutive hours as described below with a one-
half hour of unpaid meal period on the day and evening shifts. The regular day shift shall be 6:45
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a.m. - 3:15 p.m., the regular evening shift shall be 2:55 p.m. - 11:25 p.m., for surgical services
the regular evening shift shall be 2:45 p.m. – 11:15 p.m., and the regular night shift shall be
11:05 p.m. - 7:05 a.m.
Section 2. Overtime
(a) All work performed in excess of eight (8) hours in a day or forty (40) hours in a week
shall be paid for at one and one-half (1 ½) times the nurse's regular rate. If it is necessary for a
nurse to perform overtime work, she/he shall advise her/his immediate superior of this necessity,
who shall authorize such overtime. Overtime pay shall not be pyramided, compounded or paid
twice for the same hours worked. Overtime work shall be distributed equitably among nurses in
each work location in rotation by order of seniority in a continuously rolling manner.
(b) Mandatory Overtime Guidelines
1. It is the Hospital’s goal to reduce any need for mandatory
overtime.
2. If, after the Hospital assesses the potential need for replacement staff on a
unit, considering such factors as census, acuity, anticipated staffing and staff mix, an overtime
assignment may become necessary on the unit, the Hospital will make all reasonable efforts to fill
such need by taking the following steps: The Hospital will review staffing across all units to
determine the availability of a float with the requisite competencies for the unit and shift where
the need exists; the Hospital will contact RN staff on duty to seek volunteers with the requisite
competencies to cover the assignment; the Hospital will contact off-duty nurses within the unit to
see if they will come in early or to see if they will work an extra shift; the Hospital will contact per
diems specific to the area of need to determine availability for the shift where the need exists.
3. The Hospital will inform staff that all other alternatives have been
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unsuccessful and it will be necessary to assign a nurse mandatory overtime. The nurses on the
unit will first be given the opportunity to determine if there is a volunteer to perform the
mandatory overtime work.
4. A mandatory overtime list of staff nurses shall be maintained for each nursing
unit. The list initially shall be set in order of reverse seniority. The Hospital shall assign
mandatory overtime to an off going shift nurse in accordance with the nursing unit list. The name
of the nurse who volunteers pursuant to the preceding paragraph or is mandated for overtime will
go to the bottom of the list.
5. If a nurse assigned to mandatory overtime states that she or he is unable to
work the assigned overtime due to feeling fatigued or ill, the Hospital will proceed to the next
qualified nurse on the nursing unit list. The nurse who is unable to work will remain at the top of
the list.
6. A nurse who has worked two consecutive shifts totaling sixteen hours or more
will not be permitted to return to work until she/he has had a full eight hours off; managers will
take reasonable measures to ensure operations of the unit are not negatively impacted and
appropriate RN staffing is maintained.
Section 3. Schedules
(a) Time schedules, days off, and requests for days off shall be posted pursuant to the
Times Schedule Agreement effective May 2010 and attached as Appendix B. Scheduling periods
for each calendar year will be determined at the Labor/Management meeting held the previous
September. Schedules shall be subject to change in the event of an emergency.
(b) Cancellation of confirmed extra shifts by the nurse requires a minimum of 24 hours
notice; cancellation of confirmed extra shifts by the Hospital must be a minimum of one (1) hour in
advance for a 7am – 3pm shift and a minimum of four (4) hours in advance for 3pm – 11pm and
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11pm – 7am shifts. If the Hospital fails to notify the nurse in a timely manner, and she/he arrives
prepared to work, the nurse in her/his sole discretion will have the following options: (1) go home
without pay, or (2) work for two hours as assigned and receive two hours pay; if the nurse fails to
cancel in a timely manner before the start of the shift, and fails to report to work on time, she/he
will be considered to be absent from work.
(c) The Hospital may float nurses in the following order:
1. First, it will float nurses who volunteer;
2. Second, if there are no volunteers, it will float per diem nurses (consistent
with Article XV, Section 9b);
3. Third, if there are no per diems, it will float nurses working overtime or extra
shifts. In the event that the Hospital knows in advance that it will be required to float a
nurse who is working an extra shift, it will endeavor to give the nurse notice within the
same time limits required to cancel a confirmed extra shift; the nurse may choose to accept
the float assignment or cancel the extra shift. In the event the Hospital was unable to give
notice and the nurse reports to work the extra shift, she or he may accept the float
assignment or go home without pay.
4. Fourth, in the event that the above options are not successful, it will float
nurses scheduled to work in the unit based on their turn to float by the unit’s float list.
5. In scheduling uncovered shifts, nurses will be asked to indicate both their
availability for the shift and their willingness to float, if needed. It is understood that
preference shall be given to nurses indicating both availability and willingness to float.
Section 4. Exemption From Rotation
Registered nurses (including those who work in IV Team) may be exempted from shift
rotation, and from shift rotation and on call in the delivery room, operating room, and Post
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Anesthesia Care Unit and Ambulatory Procedures, on the following conditions: (1) the nurse has a
minimum of twenty years of service with the Hospital as a registered nurse; (2) she/he is regularly
scheduled to work at least 24 hours per week (provided that incumbents in that status as of July
11, 1996 may retain their status regardless of the seniority of others in the unit); and (3) no more
than one nurse per unit is eligible to be exempt from shift rotation (including on-call in the delivery
room, operating room, Post Anesthesia Care Unit and Ambulatory Procedures). The exemptions in
the preceding sentence will apply only to those registered nurses in the exemption status as of the
date of ratification of the Agreement. Registered nurses who are at least sixty two (62) years of
age will be exempt from rotation to the night shift. Shift rotation shall be assigned equitably
among all nurses required to rotate on a unit.
Section 5. Change in Nurses’ Schedule
If the Hospital intends to institute work schedules which provide different work weeks, work
days, hours of work, shifts and/or starting times and quitting times and which will affect the
schedules that nurses are currently working, it shall give notice of the proposed changes to the
Association and provide it with an opportunity to meet and confer with the Hospital. If any nurse
is unable to work the new schedule, she/he will be granted bumping rights pursuant to Article
VIII, Section 15.
Section 6. Low Work Load
If the Hospital determines that the release of any nurse from a specific unit is required it
shall first release any Agency nurses that may be scheduled on that unit. If there continues to be
a need to release a nurse the Hospital shall release nurses in the following order:
(a) Nurses working overtime on a rotating basis;
(b) Volunteers;
(c) Per diem nurses on a rotating basis;
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(d) Nurses working an extra shift (non-overtime);
(e) Regularly scheduled nurses
Prior to releasing a regularly scheduled nurse from her/his shift an offer to work in other
areas will be made based on the nurse’s competency level. If the nurse opts to decline the offer,
the Hospital may implement low workload (LWL). Such offers must be documented to indicate
who the offer was made to, where the need was, the date and time of the offer, and the response.
Nurses who are released under this provision (voluntarily or required) may elect to take such time
off without pay and will not lose any benefits or accruals because of such election. No regularly
scheduled nurse shall be required to accept LWL more than 60 hours for full-time or prorated for
part-time nurses per year.
Voluntary requests for LWL must be written in on scheduled posted time in advance of the
shift. Requests for LWL will not be taken via phone call. LWL will be offered in order of seniority
on a rotating basis to those nurses who have written their requests on the schedule.
ARTICLE IV
Section 1. Holidays
(a) Through January 4, 2015, full-time nurses will be granted the following ten (10) holidays
with pay:
New Year's Day Labor Day Presidents' Day Columbus Day Patriot's Day Veterans’ Day Memorial Day Thanksgiving Day Independence Day Christmas Day Employees may swap Martin Luther King Day for Presidents' Day.
Effective January 4, 2015, full-time nurses will be granted the following eight (8) holidays: New Year's Day Labor Day Presidents' Day Columbus Day Memorial Day Thanksgiving Day
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Independence Day Christmas Day Employees may swap Martin Luther King Day for Presidents' Day.
(b) Whenever a full-time or part-time nurse works on any of the holidays enumerated in
paragraph (a), she/he shall be paid one and one-half (1 ½) times her/his regular hourly rate for all
hours worked on the holiday. Holidays off will be rotated as equally as possible to afford each
nurse a fair share of holidays off.
(c) Effective January 4, 2015, Nurses who work in departments that are closed for the
Holidays will be required to apply paid time off (PTO) in order to receive payment for holidays.
Notwithstanding the foregoing, consistent with current practice, if a Nurse works in a department
in which she/he is able to work additional hours later in the week to make up for the short fall in
scheduled hours caused by the Holiday she/he will not be required to use her/his PTO. Such
nurses shall, however, retain the option to use her/his PTO to cover the holiday.
(d) All observed holidays, except as noted below, will begin at the start of the night shift
on the day preceding the holiday and will extend for a twenty-four (24) hour period, concluding at
the start of the night shift on the day of the holiday.
(1) The Christmas holiday will begin with the start of the evening shift
on the day preceding the holiday and will terminate at the start of the day
shift on the day following the holiday.
(2) The New Year's holiday will begin with the start of the evening shift on the
day preceding the holiday and will end on the end of the evening shift on the
day of the holiday.
(3) In determining holiday time off for Christmas and New Year’s and in order to
ensure equitable rotation of the premium shifts, managers will take into
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consideration factors such as (1) previous Christmas and New Year’s holidays
that a nurse has worked or been scheduled off, (2) the particular shift(s) that
a nurse may have worked, (3) the willingness of a nurse to work a particular
Christmas and New Year’s shift(s) and (4) the seniority of the nurse, but none
of these factors is determinative.
(e) Prior to January 4, 2015, to be eligible for holiday pay, a registered nurse must work
her/his last regularly scheduled day before the holiday and her/his first regularly scheduled day
after the holiday, unless absent for good cause. Effective January 4, 2015, to be eligible to use
PTO on a holiday, a registered nurse must work her/his last regularly scheduled day before the
holiday and her/his first regularly scheduled day after the holiday, unless absent for good cause.
Good cause shall include, but shall not be limited to, bona fide illness.
(f) Full-time and part-time registered nurses who normally average twenty-four (24)
hours or more per week, and who have at least ten (10) years of service with the Hospital, will, at
the nurse’s option and request, be scheduled off on their birthday and PTO will be applied for the
day. Nurses who, as of May 10, 2012, normally averaged sixteen hours or more per week, and
who as of that date had at least ten (10) years of service with the Hospital, will be grandfathered
and will, at the nurse’s option and request, be scheduled off on their birthday and PTO will be
applied for the day.
ARTICLE V
Effective through January 4, 2015:
Section 1. Vacations, Full-Time Nurses
(a) Full-time staff nurses, upon completion of one (1) year's service shall be entitled to
receive three (3) weeks' annual vacation with pay.
(b) Full-time staff nurses, upon completion of five years' service shall be entitled to
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receive four (4) weeks' annual vacation with pay
(c) Full-time staff nurses who have not been on the payroll for a full year shall receive a
prorated vacation and vacation pay, except that in no case will payment be made until six
full months of continuous service has been completed.
Section 2. Vacation, Part-Time Nurses
All part-time nurse employees working in the classifications listed in Section I above shall
receive an annual vacation similar to full-time nurses, provided their employment status is at least
twenty-four (24) hours per week; nurses who were receiving a vacation benefit but whose
employment status was less than twenty-four (24) hours as of October 7, 2010 shall be
grandfathered and may continue to receive the benefit. Time off for vacation purposes shall be
based upon the provisions of Article II, Section 2. Part-time nurses’ vacation pay will be prorated
upon the vacation benefits of full-time nurses.
Section 3. Eligibility and Computation
Full-time and part-time nurses who have not been on the payroll for a full year shall receive
a prorated vacation and vacation pay, except that in no case will payment be made unless six full
months of continuous service has been completed. Vacation compensation for all nurses shall be
based upon the nurse's salary rate on the date the nurse's vacation begins, including her/his shift
differential, if any, for nurses regularly working the evening shift and the night shift.
Section 4. Scheduling
4.1 Through January 4, 2015, although, as a general rule, nurses are required to take time off
for vacations earned in one year prior to the next year, nurses may accrue up to two times their
annual vacation allowance.
4.2 Through January 4, 2015, a nurse who has reached her/his maximum accrual will no longer
accrue vacation time. Vacation accrual will resume once the accrual rate goes below the
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maximum allowed. In certain circumstances, subject to mutual agreement, a nurse may be
compensated for up to two weeks of accrued vacation time, in lieu of taking time off.
4.3 Effective January 4, 2015, this Article shall be deleted and employees shall accrue Paid Time
Off (“PTO”) consistent with the following new Article V (Paid Time Off) and Appendix C attached
hereto. Effective January 4, 2015, accruals and carry over shall be defined by the provisions in
new Article V (PTO) and Appendix C attached hereto.
4.4 Effective January 4, 2015, scheduling of PTO for vacation shall be governed by section 8 of
the new Article V (PTO).
ARTICLE V
Paid Time Off
Effective January 4, 2015, the Hospital shall implement a Paid Time Off (PTO) system.
Except as otherwise expressly indicated in this Agreement, the PTO system replaces and
supersedes the pre-existing systems governing sick, personal, vacation and holiday time. Upon
implementation of the PTO system, current accrued time balances shall be converted as follows:
(a) accrued unused vacation time will be converted to PTO time and rolled into the nurse’s PTO bank; provided however that if such conversion results in the nurse having at least 80% of the nurse’s maximum accrual limit of PTO time, the nurse shall be permitted on a one-time only basis to cash-in the accrued vacation time that is in excess of 80%; (b) accrued unused sick time will be converted to Extended Illness Bank (EIB) time and rolled into the nurse’s EIB; provided, however, that nurses who have accumulated more than 480 hours of sick time as of December 31, 2014, shall receive, on a one-time only basis, a buyback of accumulated time in excess of 480 hours at the rate of one half day’s pay for each unused sick day.
For a period of three (3) months following conversion, the Hospital as an accommodation
will permit application of EIB time where a nurse experiences an absence due to illness or injury
that does not yet qualify for EIB time, and where the nurse lacks PTO time to cover the absence,
but where the absence would otherwise have been covered by the nurse’s accrued sick time but
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for its conversion to EIB.
Section 1. Accrual
A. PTO accrues on actual hours worked up to forty (40) hours per week. PTO accrues on
paid-time hours only. Accrual will cease once the maximum applicable annual limit is
reached.
B. Nurses who are regularly scheduled to work twenty-four (24) hours or more per week,
shall accrue PTO as set forth in the Accrual Chart attached as Appendix C. Nurses
regularly scheduled to work less than twenty-four (24) hours per week shall not accrue
PTO; provided, however, that nurses who were receiving a vacation benefit but whose
employment status was less than twenty-four (24) hours as of October 7, 2010, shall be
grandfathered and will accrue PTO.
C. Nurses hired before January 1, 2015, and who accrue PTO pursuant to paragraph B but
who are scheduled to work less than forty (40) hours per week, shall receive an annual
lump sum allotment of PTO each January as indicated in the Annual Deposit chart
included in Appendix C.
D. Nurses who have not been on the payroll for a full year shall accrue PTO on a prorated
basis.
E. In addition to the chart attached hereto as Appendix C, the Hospital will post information
on the LGH Portal detailing maximum PTO accrual limits for each service level and
budgeted hours level.
Section 2. Usage
A. PTO accrues from a Nurse’s date of hire or transfer into an eligible position but a
Nurse is not eligible to use PTO until completion of ninety (90) calendar days of employment in
that position. Exceptions: A Nurse may use PTO time within the first ninety (90) days of
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employment, either by using accrued PTO time or by being advanced PTO time as needed, if (a) a
holiday falls during the first 90 days of employment resulting in a closure that causes the Nurse to
miss work; or (b) Nurse is released from work based on low workload. In such cases the PTO
time will be deducted from the nurse’s PTO bank or from future accruals, as applicable.
B. PTO may be used on a scheduled basis when the need for leave is foreseeable; PTO
may be used on an unscheduled basis when the need is unforeseeable.
Scheduled. Where the need for PTO is foreseeable (e.g., vacation, personal reasons, other planned absences) a PTO request must be submitted to the nurse’s manager for approval, consistent with the procedures and requirements applicable to requests for vacation time as described in Article V. Nurses shall select one week of Scheduled PTO for the period June 15 through September 15, according to their Hospital seniority. Unscheduled. Where the need for PTO is unforeseeable (e.g., sudden illness, accident, or for other unusual and emergency circumstances) the nurse must notify the nurse’s supervisor/department director before the start of the shift, in compliance with normal requirements concerning absences due to illness, accident, or for other unusual and emergency circumstances.
Section 3. Carry-Over / Maximum Accrual
Nurses may carry up to one times their annual accrual limit, as indicated on the accrual
chart attached to this Agreement as Appendix C. A nurse who has reached her/his maximum
accrual limit will no longer accrue PTO. Accrual will resume once the Nurse’s accrued PTO falls
below the maximum allowed.
Section 4. Payment
A. PTO is paid at the Nurse’s salary rate as of the date the Nurse’s PTO begins, including
shift differentials, if any, for nurses regularly working evenings and/or nights.
B. Accrued but unused PTO will be paid out upon separation from employment or change
to a non-benefited position.
Section 5. Cash-In
A nurse may cash-in up to one (1) week of accrued PTO per calendar year, at any time,
provided that after such cash-in the nurse retains the equivalent of two (2) weeks time in the
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nurse’s PTO bank.
Section 6. Extended Illness Bank (EIB)
A. Nurses will accrue six (6) EIB days per year (pro-rated for eligible part-time nurses
as indicated in the PTO Accrual Chart attached hereto as Appendix C). Nurses with 25+ years of
service with the Hospital shall accrue two (2) additional EIB days (pro-rated for eligible part-time
nurses as indicated in the PTO accrual chart). EIB accrual is capped at 480 hours.
B. After a nurse is absent for a period of one week or more due to his/her own personal
illness or injury, the nurse may begin applying EIB time to the leave. The one-week waiting period
will be calculated according to the nurse’s scheduled hours (e.g., a 24 hour nurse must be absent
for 3 consecutively scheduled work days). During the waiting period PTO time may be applied. A
full-time or part-time nurse on Worker’s Compensation may elect to draw on her/his EIB or PTO
bank for the difference between her/his compensation payment and her/his regular salary.
C. Unused time in the nurse’s EIB is not eligible for pay out upon termination.
Section 7. Donation
Consistent with prior practice concerning the donation of vacation time, nurses may donate
PTO to a nurse who is on an approved leave of absence and who has used all her/his PTO and EIB
time, provided that the donating nurse retains at least one week PTO.
Section 8. Scheduling of PTO for Vacation
Nurses shall select one week of vacation/Scheduled PTO for the period June 15 through
September 15 (the "peak season"), according to their Hospital seniority. Every eligible nurse who
makes a request shall be granted a minimum of one-week of time off during prime time.
Procedure
1. Prime time sign up shall begin on the first Monday in February; the posting for the prime
time shall be on the preceding Thursday. The sign up period shall extend through April
1, but it may be extended beyond April 1 in units where it is necessary to make sure
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each nurse receives one day in which to sign up. A sign up calendar for the weeks of
prime time with the weekly time off allotment clearly defined, along with a roster of
unit/department nurses in order of seniority, shall be posted on each unit. According to
their place on the seniority roster, each nurse will be assigned one day in which to sign
up based on her/his seniority. Nurses may sign up between the hours of 7 a.m. on their
assigned date and 7 a.m. the next morning. If a nurse decides not to request any time
off during prime time, she/he shall indicate this on the list.
2. Each nurse shall select her/his week of time, initial and check off her/his name, and
indicate the number of days of vacation/Scheduled PTO she/he will be using within the
time period. Failure to sign up by the nurse’s deadline date will result in forfeiting
her/his turn. In the event a nurse fails to sign up during her/his assigned time, the next
nurse will notify her/his manager/supervisor to witness the forfeiture. The forfeited
name shall be crossed out by the manager/supervisor. In such cases the clinical
manager will be responsible for placing the names at the bottom of the sign up list.
3. Once a nurse has made her/his selection, she/he cannot be bumped by another nurse.
4. A minimum of one nurse per shift, per weekend plus one additional nurse on any
weekend shift, by seniority, will be guaranteed.
5. The prime time list will be reposted from April 1 – April 15 to allow for further selection
of vacation/Scheduled PTO. The number of days left over during this period will be
based on the number of vacation/PTO days that each floor allots during non-prime time
weeks, or the prime time allotment, whichever is least.
6. This further selection process shall be according to seniority.
7. Beginning April 15 nurses may find their own coverage for straight time provided she/he
submits a coverage agreement signed by both nurses. There will be no deadline and
date for finding coverage. Nurses may seek their own coverage at any time.
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Otherwise the rest of a nurse’s vacation/Scheduled PTO shall be taken during the period Sept. 16
– June 14. In all situations, when nurses schedule and take vacation/Scheduled PTO is subject to
the hospital’s operating requirements, and all such requests shall be in accordance with the Times
Schedule Agreement, Article 3.3.
In all instances in deciding between nurses as to when vacations/Scheduled PTO may be
taken, seniority shall prevail. It is not the policy of the Hospital to grant a leave of absence or
authorize any unpaid absence to extend a Scheduled PTO period during the months of June
through September, but leaves of absence for such purpose may, at the discretion of the
appropriate department head, be approved.
ARTICLE VI
Section 1. Paid Sick Leave
Effective through January 4, 2015, full-time nurses will accrue sick leave benefits up to one (1)
day for each full calendar month based on actual hours paid accumulative to sixty (60) days. Part-
time nurses whose employment status is at least twenty-four (24) hours work per week will accrue
sick leave benefits based on actual hours paid accumulative to sixty (60) days; part-time nurses
who were receiving a paid sick leave benefit but working fewer than twenty-four (24) hours per
week as of October 7, 2010 shall be grandfathered and may continue to receive the benefit. Sick
leave will be granted only for a bona fide illness and may not be applied towards vacation,
severance or leave of absence benefits. Sick leave will accrue from the first full calendar month of
employment but may not be used during the three-month probationary period. Payments for sick
time will not be authorized if the nurse has already submitted a notice of resignation unless proof
of hospitalization or treatment by a physician is submitted by the nurse to her/his manager.
A full-time or part-time nurse who has accrued more than sixty (60) days leave will be
entitled to payment at the rate of a half (1/2) day's pay for each unused sick day in excess of sixty
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(60) days. The accounting will be made as of November 30 of each year and payment made
during the month of December. Nurses terminating their employment prior to November 30 of
any year shall not be entitled to monetary reimbursement under the provisions of this paragraph
with the exception of those nurses who retire from the Hospital on or after reaching 62 years of
age, and who have at least twenty (20) years’ service with the Hospital. However, in lieu of the
foregoing, a nurse may exercise a one-time option to allow her/his leave to accrue beyond sixty
(60) days to use if the nurse in the future is entitled to receive workers’ compensation or medical
disability payments; in that event the nurse may use her/his accrued sick leave in order to
supplement her/his workers’ compensation or medical disability payments.
A full-time nurse who becomes part-time after this Agreement has been executed will retain
any sick leave she/he has accrued as of the time she/he changes her/his employment status.
Effective October 8, 2010 if any nurse decreases her/his hours to less than twenty-four (24) hours
per week, she/he will no longer retain any sick leave benefits accrued to that point; part-time
nurses who were receiving a paid sick leave benefit but working fewer than twenty-four (24) hours
per week as of October 7, 2010 shall be grandfathered and may continue to receive the benefit.
A full-time or part-time nurse on Worker's Compensation may elect to draw on her/his
unused sick leave for the difference between her/his compensation payment and her/his regular
salary.
Effective January 4, 2015, Section 1 shall be deleted and employees shall accrue Paid Time
Off (“PTO”) consistent with the provisions of new Article V (Paid Time Off) and Appendix C
attached hereto.
Section 2. Medical Insurance
The Hospital shall provide its health insurance programs to registered nurses on the same
terms and conditions as it makes them generally available to other non-bargaining unit employees.
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Enrollment is, however, not automatic and application for coverage must be made by the nurse
through the Hospital's Human Resources Department. Nurses who are covered by a health
insurance plan, and who retired from the Hospital on or after reaching 62 years of age, and who
have at least twenty (20) years' service with the Hospital, may remain covered by the plan at their
cost. The Hospital agrees that there will be no adverse changes to the health insurance plan
through October 1, 2015.
Section 3. Early Retirement / 63 Bridge Program
The Hospital will create a “63 Bridge Program.” Eligible nurses who elect to participate will
receive continued health insurance coverage until age 65 on the same basis as if they had
remained continuously employed.
Eligible nurses are those who have at least twenty (20) years of service with the Hospital
and reach age 63 on or before December 31, 2014.
The program will only be offered in the first year of the contract which covers the period
10/1/13 – 10/8/15, allowing a reasonable window for eligible employees to elect to participate.
Section 4. Hospital Discount
(a) Through October 1, 2015, the Hospital will accept as payment in full the insurance
benefits supplied by the nurse's health insurance provider, under Section 2 of this Article and will
allow full-time nurses, their spouses and dependent children under the age of twenty-five (25) (to
the extent the children are covered by the parent’s health insurance) and part-time nurses as
described above fifty percent (50%) of any additional medical care charges not so covered by the
provider.
(b) Through October 1, 2015, full-time nurses, their spouses and dependent children
under eighteen (18) years of age and part-time nurses not covered by a Hospital insurance
program, as set forth in Section 2 will be charged the full amount of the benefits to which she/he
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would have been entitled under the Hospital's least expensive insurance program. Thereafter, the
Hospital will allow a fifty percent (50%) deduction on all medical care charges over and above the
benefits that would have been paid under the Hospital's insurance program.
(c) Through October 1, 2015, a nurse admitted to the Hospital and requesting a private
room will be charged no more than one-half the difference between the cost of a semi-private
(two-bed) room and private room.
(d) Effective October 1, 2015, all Hospital Discounts shall cease.
Section 5. Accrual of Sick Leave Benefits
Effective through January 4, 2015, for the purpose of this Agreement a nurse will accrue
sick leave based on actual hours worked beginning with her/his first day of employment. Effective
January 4, 2015, this section shall be eliminated and nurses shall accrue Paid Time Off consistent
with the provisions of new Article V (Paid Time Off) and Appendix C attached hereto.
Section 6. Personal Days
Effective through January 4, 2015, nurses who have accrued twelve (12) sick days by
September 30 of each year will, in the subsequent year (beginning October 1), be granted two (2)
personal days. Subject to the scheduling needs of the Hospital, personal days may be used for use
for unusual and emergency circumstances; one day may be used by the nurse between October 1
– March 31, and the second day may be used between April 1 – September 30. If a nurse, who is
eligible to accrue sick time, has not accrued twelve (12) sick days by September 30, but has
maintained a perfect attendance record for a minimum of six consecutive full calendar months
during the fiscal year, the nurse will, in the subsequent year (beginning October 1), be granted
one (1) personal day, to be used by the nurse for unusual and emergency circumstances, subject
to the scheduling needs of the Hospital, between October 1 – September 30. For the purpose of
this section, absences because of jury duty, approved bereavement leave, low work load, or leave
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pursuant to FMLA will not be counted as absences under the Hospital’s attendance policy.
Effective January 4, 2015, this Section shall be eliminated and nurses shall accrue Paid Time
Off (“PTO”) consistent with the provisions of new Article V (Paid Time Off) and Appendix C
attached hereto.
Section 7. Continuation of Health Insurance Benefits
The Hospital will continue its share of health insurance contributions for employees injured
on the job for a period of three months following the date of injury. It will allow employees laid
off to continue enrollment in the Hospital's health insurance plan for any period provided by law
following the date of layoff, and the Hospital will continue its share of health insurance
contribution for the first two (2) months.
ARTICLE VII
Section 1. Leaves of Absence
(a) Leaves of absence without pay will be granted to nurses in the following
circumstances:
1. personal illness after accumulated Sick, PTO, or EIB leave has expired......................................... one year 2. industrial accident.............................................. three years 3. critical illness or death in the immediate family............................................... 90 calendar days 4. educational leaves allowed at the discretion of Hospital................................... up to 12 months 5. other leaves granted at discretion of Hospital......................................... discretionary
(b) In the leave of absence situations set forth above, the Hospital will reinstate a nurse
to the same position from which she/he left, provided she/he returns from her/his leave within 30
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calendar days. The Hospital will return a nurse to her/his same position if she/he returns from
her/his leave after 30 calendar days but before the expiration of the period allowed for the leave,
provided the Hospital has not been required to hire or transfer permanently a nurse to fill a
vacancy created by the leave. In such cases the Hospital will reinstate the nurse to a substantially
similar position if a suitable vacancy exists. A nurse who returns from a leave of absence after 30
calendar days but within the period allowed for the leave, and where no suitable vacancy exists,
will be given the first opportunity to return to a position for which she/he is qualified and the first
opportunity to return to her/his former position when such position is vacant.
(c) Maternity: Whenever a nurse shall become pregnant, she shall notify the Chief
Nursing Officer / Vice President, Patient Care Services or her department head as to the expected
date of her delivery as soon as possible. She shall be permitted to work provided her physician
certifies that she is able to continue working, but will not be required to work beyond the eighth
month of pregnancy unless she chooses to do so and is able to continue working. All requests for
maternity leave of absence for the purposes of giving birth shall be made in writing by the nurse
to the Director or her department head at least two weeks prior to the commencement of the
leave, if possible, and shall indicate the approximate date of return. Maternity leave will be
granted for a period not to exceed four (4) months after date of delivery. The Hospital will return
a nurse to her same position if she returns from a leave which does not exceed a total of eight (8)
weeks after childbirth. The Hospital will return a nurse to a position within the bargaining unit if
she returns from her leave after eight (8) weeks but before the expiration of the period allowed for
the leave.
(d) Military: A nurse who enters the military service shall be deemed to be on a leave of
absence and shall be reinstated to her/his former position and department or a substantially
similar position or department if she/he returns to active employment within ninety (90) days after
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her/his discharge. A nurse who is called for an annual two weeks Military Reserve training or
National Guard training shall be paid the difference between her/his regular earnings and military
pay and allowances. The nurse shall have her/his military pay certified by her/his commanding
officer.
(e) A part-time nurse regularly scheduled to work a minimum of twenty-four (24) hours
per week and who is on an approved leave of absence for personal illness or industrial accident,
and who is not eligible for FMLA leave of absence, shall be returned to her/his same position if
she/he returns within eight (8) weeks; this subsection does not apply to intermittent leaves of
absence and is otherwise subject to the terms and conditions of Article VII.
Section 2. Miscellaneous
The Hospital will continue insurance coverage for a period of ninety (90) days for
employees on the following leaves of absence providing, however, the employee on such leave of
absence prepays any portion of the insurance premium as may be due from her/him.
(a) Personal illness -- three (3) months; industrial accident -- three (3) months;
maternity--three (3) months; death in the immediate family -- three (3) months; educational leave
to be made by individual arrangement; other leaves to be made by individual arrangement.
(b) When a nurse is on a leave of absence, the Hospital will grant continuing seniority
for the purpose of increments in the wage schedule for a period not to exceed six (6) months.
(c) When a nurse is on leave of absence, she/he will accrue vacation benefits or PTO, as
applicable, for a period of ninety (90) days providing she/he returns to work on or before the end
of her/his leave.
(d) Normally a request for a leave of absence should be submitted in writing to the
Director or the nurse's department head, at least one (1) month before the
scheduled leave of absence is to begin. An answer to such a request will also be returned in
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writing within one (1) week of the receipt of the request.
(e) Nurses on authorized leaves of absence may have their employment terminated for:
(1) Overstaying an authorized leave of absence without a valid reason.
(2) Obtaining employment elsewhere without the expressed written
permission of the Hospital.
(f) In case of leaves of absence for personal illness, a registered nurse may, in
appropriate circumstances, be required either to present herself/himself to the Work/Health Clinic
for a medical evaluation of her/his condition or to present a written statement from a physician
certifying that the nurse is able to return to her/his regular duties before she/he will be allowed to
return to work.
ARTICLE VIII
Section 1. Seniority
Seniority means length of continuous employment by the Hospital. There shall be one
seniority list for full-time and part-time nurses. A full-time nurse will acquire seniority after
completing a ninety (90) day probationary period, and her/his seniority will then date from the
date of employment. A part-time nurse must have worked four hundred (400) hours to complete
her/his probationary period. Bargaining unit seniority shall be used in filling vacancies under
Article VIII, Section 2 or in laying off nurses under Article VIII, Section 4, or in transferring nurses
under Article VIII, Section 15.
In the event two or more nurses have the same date of hire into a bargaining unit position,
the following shall be established as the tie breaker:
1. Hospital seniority, if neither nurse has additional Hospital seniority credit, then;
2. Date of application, if both are the same, then;
3. Date of offer letter, if both are the same, then;
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4. Date of original Massachusetts RN licensure.
Section 2. Vacancies
Vacancies in positions shall be posted on-line at www.lawrencegeneral.org for a period of
seven (7) business days. The date of the posting will be included on the posting. Any nurse
interested in applying for said vacancy shall make application electronically through the website .
A list of current available positions may also be accessed via the Jobs Hotline at 1-800-392-1844 or
by viewing the Job Posting link on the LGH Information Portal. The position shall be filled on the
basis of ability and qualifications, and where ability and qualifications are relatively equal, seniority
shall be the determining factor in filling said positions. A nurse shall move to her/his new position
within ninety (90) days.
Section 3. Loss of Seniority
Seniority will be lost by:
(a) Resignation;
(b) Discharge for just cause;
(c) Overstaying a leave of absence without a valid reason;
(d) Obtaining employment elsewhere during a leave of absence without permission of
the Hospital;
(e) Inability to return from lay-off status within one (1) year;
(f) Failure to respond to an opportunity to return from lay-off status as set forth in
Article VIII, Section 4(c)(ii).
Section 4. Reductions in Force
(a) Procedure.
(i) A "lay-off' is a separation from employment for the purpose of reducing the
work force, which is required by legitimate needs of the Hospital. The Hospital will determine the
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operations to be curtailed or discontinued and the numbers, classifications and shifts of nurses to
be laid off. The Hospital will make all reasonable efforts to discontinue the use of all per diem and
temporary nurses first, before laying off any regularly scheduled nurses. To the extent operating
needs and consideration of costs allow, nurses who wish to reduce hours, take unpaid leaves of
absence or be laid off, in order to prevent other lay-offs from occurring, will be permitted to do so.
(ii) Lay-offs will be made within departments. The Hospital will lay off nurses
within classifications and shifts on the basis of Hospital seniority subject to qualifications to
perform the available work.
(b) Bumping
(i) The Hospital will give the MNA at least two weeks' notice of a lay-off. During
that period of time, representatives of the Hospital and MNA will meet to permit nurses who are
affected by a lay-off to bump nurses in the same or next lower classification with less seniority,
provided the nurses are qualified to perform the work in question with minimum orientation. If at
the end of the two-week period there are still nurses who have seniority rights to exercise, they
will be allowed only to bump an equal number of the most recently hired nurses in the Hospital in
the same or next lower classification provided they are qualified to perform the work in question
with minimum orientation.
(ii) A nurse who is to be laid off and is unable to exercise any bumping rights
shall be given a minimum of one week's notice or pay in lieu thereof.
(iii) A nurse who bumps into a position in a lower classification will be paid at
her/his old rate, but will not receive any increase, including a cost of living or step increase, until
the rate for the step and classification she/he is in exceeds her/his old rate.
(iv) Any dispute as to the qualifications of nurses shall be subject to the grievance
and arbitration procedure.
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(v) The following officers of the bargaining unit shall be exempt from any lay-off
made pursuant to this section: Unit Chairperson, Vice-Chairperson, Secretary-Treasurer, Full-Time
Representative, Part-Time Representative. In the event the layoff involves the elimination of the
Department to which the officer is assigned, the officer shall be granted first preference for bump
options among those affected. Where there are two (2) or more officers in the same Department
their respective seniority dates shall indicate their respective bumping order.
(c) Recall.
(i) Nurses who are on lay-off will be offered positions within the Hospital in order
of seniority, provided they are qualified and are able to assume the duties of the position in
question with minimum orientation. Once the nurse returns to the Hospital she/he will be given
the first option of returning to her/his original position if it becomes available within a period of six
months following her/his return.
(ii) Nurses who are on lay-off will be given notice by certified mail of an open
position. Nurses must notify the Hospital of an intention to return to work within three (3) days
after receiving notice and must return to work within seven (7) calendar days after receiving
notice, or they will be dropped from the recall list. However, unless the nurse is offered the same
shift and hours she/he worked prior to the lay-off, she/he may decline the position within the
three-day period and will still remain on the recall list; but the least senior nurse on the list who is
qualified to work in the position offered must accept the offer or she/he will be dropped from the
list.
(d) Benefits. Nurses on lay-off shall retain all accrued benefits as of the date of the lay-
off, but will continue to accrue seniority for a period of one (1) year. Nurses on lay-off may
continue to remain covered by the Hospital's health insurance program, at their cost.
(e) Departments. As of the date of this Agreement, the Hospital has the following
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departments: H5, CCC, R4, H4, Critical Care, Pediatrics, Labor & Delivery, R2/Nursery, Emergency
Center, Ambulatory Procedures, OR, PACU/ SDC, Integrated Care Management, InServ, IV
Therapy, Pain Management, Invasive Radiology, and Pedi After Hours, Special Care Nursery. This
list is not exclusive and does not prevent the Hospital from discontinuing or changing existing
departments or establishing new departments.
Section 5. Association Representatives
Duly authorized representatives of the Association may visit the Hospital at any reasonable
time to discharge the Association's duties as the collective bargaining representative, providing
they first make themselves known to the Human Resources
Department together with the purpose of the visit, and such visits shall not disrupt the orderly
operation of the Hospital.
Section 6. Non-Discrimination
Neither the Hospital nor the Association will discriminate against any nurse or applicant for
employment because of race, age, color, creed, sex, national origin or marital status.
Section 7. Hospital Travel
Any nurse who is required to use her/his car in the performance of her/his Hospital duties
shall receive twenty five (25) cents per mile plus tolls. The Hospital will also provide automobile
liability insurance coverage in such situations.
Section 8. Jury Duty
A nurse who is absent from scheduled work for jury duty shall receive the difference
between what she/he would have earned at her/his regular straight-time rate of pay had she/he
been at work, including regular shift and other premium payments, and the payment received for
such jury duty (not including travel allowance or reimbursement of expenses). In order to receive
payment under this section, the nurse must (1) furnish the Hospital with evidence of jury pay from
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the clerk of the court where she/he served as a juror, and (2) report for work on a regularly
scheduled work day when she/he is excused from jury duty at such time as will permit the nurse
to return to work. A nurse who serves on jury duty Monday through Friday will be scheduled off
the following weekend if she/he was otherwise scheduled to work the weekend.
Section 9. Discipline
No nurse shall be disciplined or discharged except for just cause, provided that a nurse may
be terminated during her/his three-month probationary period for any reason and that such
termination shall not be subject to the grievance and arbitration provisions under Article XII.
Discipline Procedure: In the event a nurse shall be discharged, and such nurse believes that
she/he has been dealt with unjustly, such discharge shall constitute a case arising under the
method of adjusting grievances herein provided. In the event it should be decided under the rules
of this Agreement or the decision of an arbitrator that an injustice has been dealt a nurse with
regard to the discharge, the Hospital shall reinstate such nurse with or without compensation for
the time lost as may be determined. All such cases of discharge shall be brought to the attention
of the Human Resources Department of the Hospital within one (1) week of the date of discharge
and disposed of within the time limits set in Article XII. Such notification shall be in writing. Any
disciplinary action related to attendance shall be removed from a nurse’s personnel file if there has
been no reoccurrence within a two-year period from the disciplinary action. It is understood that
the nurse will request the removal of the discipline.
Section 10. Professional Activities
Subject to the operating needs of the Hospital, and with its approval, part-time nurses who
work a minimum of twenty-four (24) hours per week, or nurses who are full-time, shall be granted
one (1) day off with pay, annually, to attend educational programs, provided that the programs
provide relevant CEU credit to the nurse.
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While eligible nurses are paid for eight (8) hours of education time, nurses employed to
work ten (10) and twelve (12) hour shifts will have the option to take the additional two (2) or
four (4) hours off without pay or loss of benefits and accruals, or to use benefit time to make up
the difference. Alternatively, nurses working ten (10) and twelve (12) hour shifts may request to
make up the two (2) to four (4) hours of work within the pay period. If additional hours are
available on a straight time basis, the nurse’s supervisor may agree to allow the nurse to make up
the two (2) to four (4) hours of work. However, the Hospital makes no guarantee that such hours
will be available or provided.
Section 11. Tuition Reimbursement
Regular full-time nurses shall be reimbursed 75% of tuition charges, up to twelve (12)
semester hour credits per calendar year, and part-time nurses who normally average sixteen (16)
hours work per week shall be reimbursed 75% of tuition charges, up to six (6) semester hour
credits per calendar year. Full-time nurses, and part-time nurses who work the minimum hours
set forth in the preceding sentence, who have at least five (5) years seniority at the Hospital, shall
be reimbursed 100% of tuition charges for the allowable semester hour credits per calendar year.
This benefit is subject to the following conditions: (1) the course has been determined to be job
related and approved in advance and in writing by the appropriate Hospital representative; (2) the
nurse has been in the employ of the Hospital for a period of at least six (6) months prior to
seeking approval for a course; (3) the nurse agrees that she/he will remain in the Hospital's
employ for a period of six (6) months after completion of the course or be required to pay back to
the Hospital any sums expended on her/his behalf, (4) if a nurse is seeking a Master's Degree,
she/he must achieve a "B" rating in all subjects, and in all other courses for which the Hospital
reimburses the nurse for tuition expenses, she/he must maintain a rating of "C"; (5) for registered
nurses hired after July 16, 1989, in addition to the foregoing, the Hospital shall reimburse tuition
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charges up to $100 per credit hour, and up to $1,000 for all credit hours taken by a registered
nurse in a calendar year. Any reimbursements made by the Hospital pursuant to this Section may
be subject to legally required withholdings.
Tuition reimbursement is not available if the nurse is scheduled to be or is on a
leave of absence for more than half the period of time when she/he would be taking the course or
courses contemplated by this section. Tuition reimbursement will be paid if a nurse has begun a
course and is laid off pursuant to Section 4 of this Article.
If a nurse who works a minimum of 24 hours per week and has been in the employ of the
Hospital for a period of at least six (6) months is seeking a BSN or MSN through an accredited
program, the Hospital shall reimburse tuition charges (including fees) up to $3,500. per calendar
year. To qualify for this benefit, the nurse must maintain a rating of “C” or better and agree to
remain in the Hospital’s employ for a period of six months or be required to pay back to the
Hospital any sums expended on her/his behalf.”
Section 12. Resignations
All full-time and part-time nurses must give their coordinators at least three weeks' written
notice of resignation. If such notice is not given, the nurse shall not be entitled to any severance
benefits provided for in this Agreement. The foregoing shall not apply in exceptional situations,
where individual arrangements may be made between the nurse and the head of her/his
department and where termination is beyond the control of the individual nurse. In such
situations, the head of the nurse's department shall not unreasonably withhold approval of
resignation without sufficient notification. If a registered nurse resigns and subsequently returns
to regular employment within thirty days of her/his termination date in a position covered by this
Agreement, she/he will be reinstated with her/his previous seniority date; if she/he resigns and
subsequently returns to regular employment within one year in a position covered by this
39
Agreement, and remains in such position for five consecutive years, the employee's original date of
seniority will be reinstated, provided the nurse brings such matter to the attention of the Human
Resources Department in a timely fashion.
Section 13. Labor/Management Committee
There shall be a Labor/Management committee consisting of four members designated by
the MNA bargaining committee and four members designated by management which will meet
every month, except during the months of July, August and December, to discuss matters of
mutual interest and concern. Nurses on the committee shall be provided release time if they are
otherwise scheduled to work, except that the four officers shall be paid for time spent in the
meetings regardless of whether they are scheduled to work. The Association’s Associate Director
assigned to the bargaining unit may attend such meetings. Items to be discussed at the meeting
must be presented in writing in a proposed joint agenda at least one week before the meeting in
order to be considered at that meeting, unless the parties otherwise mutually agree. Minutes of
the meeting will be kept and approved no later than the following meeting.
Section 14. Certifications
The Hospital will reimburse full-time and part-time nurses who work at least an average of
sixteen (16) hours per week their costs of successfully obtaining an initial certification granted by
the American Nurses Association Cabinet on Nursing Services Certification Board. The Hospital will
reimburse full-time and part-time nurses who are scheduled to work at least an average of sixteen
(16) hours per week their costs of successful recertification. The Hospital will pay such bargaining
unit nurses who are on the active payroll in December of each year a one-time bonus of two
hundred-fifty dollars ($250.00).
Section 15. Transfers
If a unit is downsized the least senior nurse(s) on the shift affected will be displaced, and
40
will be given the following options: (1) bump a less senior nurse in that unit on a different shift
and/or with different hours; (2) bump the least senior nurses in any unit who has the same shift
and hours; (3) bump the least senior nurse in the shift/hours that the displaced nurse wishes to
assume; (4) assume an open position. The nurse affected by a bump will have the same rights in
turn as outlined above. In all cases the nurse must be qualified and able to assume the duties in
question with minimum orientation of not more than four (4) weeks. In cases of a nurse opting to
assume a vacant position, the nurse shall receive the normal orientation for the position. At the
time of the notice to downsize a unit(s) bargaining unit vacancies will be held open for two (2)
weeks in order to allow nurses affected by downsizing to assume a vacant position(s). The
choices of all nurses affected by downsizing a unit, including those who have been bumped, must
be exercised within two weeks of the date notification of the intent to downsize has been given to
the Union; if not, those nurses who have not had a chance to exercise their seniority rights will
only have the option to take an open position. The above procedure will be utilized when nurses
are displaced because a position is eliminated or a unit is closed (except in the latter case option 1
will not apply), and the Hospital does not intend to layoff the nurse or nurses who may be
displaced.
Section 16. Pay for Negotiations
A pool of four hundred (400) hours shall be established to compensate bargaining unit
nurses for time spent in contract negotiations.
ARTICLE IX
Section 1. Death in the Immediate Family
A nurse who works at least 32 hours per week shall be entitled to three (3) days' leave with
pay from otherwise scheduled working time in the case of death in the immediate family for the
purpose of attending the funeral or to take care of such matters necessarily attendant to said
death; a nurse who works between 24-31 hours per week shall be entitled to up to two (2) days;
41
and a nurse who works between 16-23 hours per week shall be entitled to up to one (1) day.
"Immediate family" shall include mother, father, current mother/father-in-law, parent-substitute,
spouse, spouse-equivalent, son, daughter, brother, sister, foster parents, foster children and
grandchildren. In the event of the death of a grandparent, father-in-law, mother-in-law, sister-in-
law or brother-in-law, a full-time nurse or a part-time nurse working at least sixteen (16) hours per
week will be entitled to one (1) day's paid funeral leave to attend the funeral if the nurse was
regularly scheduled to work on the day of the funeral. A full-time or part-time registered nurse
will be granted one additional unpaid day off if the nurse was otherwise scheduled to work on the
day following her/his paid leave, if requested. Authorization for such leave must be obtained in
advance from the Chief Nursing Officers / Vice President, Patient Care Services or the nurse's
department head, as the case may be, and such authorization shall not be unreasonably withheld.
Section 2. Liability Insurance
The Hospital shall, without cost to the nurse, provide liability insurance coverage in the
amount of $100,000/$300,000.
Section 3. Worker's Compensation
The Hospital will insure each nurse under the Massachusetts Worker's
Compensation Law. A full-time or part-time nurse on Worker's Compensation may elect to draw
on her/his unused sick leave or PTO or EIB for the difference between her/his compensation
payment and her/his regular salary.
Section 4. Bulletin Boards
The Hospital will provide bulletin board spaces in Hospital-designated RN lounge areas for
posting meeting notices and related materials, providing said notices are first submitted to the
Human Resources Department for approval, which approval shall not be unreasonably withheld.
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Section 5. Family and Medical Leave Act
Any rights granted or obligations imposed by the Agreement shall be administered in a
manner consistent with The Family and Medical Leave Act.
ARTICLE X
Section 1. Dental Plan
The Hospital's present dental plans shall be continued. Details concerning the plans are
available from the Vice President/Human Resources.
Section 2. Long-Term Disability Plan
The Hospital's present long-term disability plan shall be continued. Details concerning the
plan are available from the Vice President, Human Resources.
Section 3. Life Insurance
The Hospital will provide life insurance in an amount of $10,000 to full-time nurses who
have completed fifteen years of service, and life insurance in an amount of $5,000 to part-time
nurses who are regularly scheduled to work at least thirty hours per week who have completed
fifteen years of service. The Hospital will advise nurses at the beginning of the calendar year that
they are eligible for the benefit during the year, and the nurse will arrange with Human Resources
the completion of appropriate forms that she/he will have 15 years of service.
Section 4. Retirement Savings
Bargaining unit nurses shall be eligible to participate in the Hospital’s Section 403 (b)
Retirement Plan in accordance with the requirements of the plan. Contributions shall be made
according to the following chart:
Years of Service Employee Contribution Hospital Match
2-5 1% 1%
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5-10 2% 2%
10-15 2.5% 2.5%
15+ 3% 3%
The Hospital shall provide an option for automatic adjustment for wage increases, i.e., base
and step increases, and/or change in scheduled hours.
ARTICLE XI
Section 1. Management Rights
The Association recognizes the right of the Hospital to operate and manage the Hospital.
Without limiting the generality of the foregoing, the Hospital reserves to itself, subject only to any
express provisions of the Agreement, the management of the Hospital, the right to determine the
hours, schedules, and assignments of work and work tasks, to require reasonable standards of
performance and the maintenance of discipline, order and efficiency, the determination of medical
and nursing care standards, operational and other policies, the determination of methods and
procedures, the direction of the nurses and the assignment of work, the right to hire, suspend,
transfer, promote and demote for just cause, and to discharge or otherwise discipline employees
for just cause, the right to lay off employees for lack of work or for other reasons, the right to
require reasonable overtime work, and the right to promulgate and enforce all reasonable rules
relating to operations, safety measures and other matters, providing, however, that in the exercise
of the foregoing rights of management, the Hospital agrees that it will not violate the specific
provisions of this Agreement.
ARTICLE XII
Section 1. Grievance Procedure
The parties recognize that certain nurse employees occupy a supervisory position and that
day-to-day problems will arise which must be resolved between the nurse and her/his supervisor
44
for the orderly operation of the Hospital. Settlement of such problems shall not be considered
grievances nor shall they establish precedent for the resolution of other or similar problems
between the nurse and her/his immediate supervisor or elsewhere throughout the Hospital.
Further, the parties recognize the importance of prompt disposition of any complaint at the
lowest organizational level possible and will encourage the prompt resolution of grievances. To
this end the parties agree that discussion meetings at each step of the grievance process shall be
scheduled at the earliest mutually agreed time.
Up to eight hours of release time per month shall be granted to bargaining unit
representatives engaged in grievance discussion meetings for a grievant, so long as the release
time can be scheduled in a way so that it has no negative impact on operations within the unit
where the representative works; this provision does not apply to attendance at arbitration
hearings.
Section 2.
If a registered nurse or a group of registered nurses have a dispute as to the interpretation
or application of the terms of this Agreement, they shall submit their dispute in writing to their
immediate supervisor. The immediate supervisor will discuss the matter with the nurse or nurses
involved and will give her/his answer in writing within five (5) days after such discussion occurs. A
representative of the Nurses Committee may be present at the discussion of the grievance at this
step.
A nurse shall present a grievance pursuant to this Section 2 within thirty (30) days after the
grievant knew or had reason to know of the factual basis for the grievance.
Section 3.
If the nurse or nurses involved are not satisfied with the decision of their immediate
supervisor they shall, within five (5) days appeal the matter in writing to the Chief Nursing Officer
45
/ Vice President, Patient Care Services or her/his designee, unless the grievance relates to an issue
concerning the scheduling of the nurses, in which case they shall proceed under Section 4 below.
The dispute shall be discussed with the nurse or nurses involved, and within five (5) days after
such discussion occurs the Chief Nursing Officer / Vice President, Patient Care Services or her/his
designee shall give her/his answer in writing. In the case of a grievance involving registered
nurses in Surgical Services, the matter shall be filed with the Surgical Services Manager, and in the
case of a grievance involving registered nurses in the Emergency Room, the matter shall be filed
with the Medical Director. In the event that the Association so desires, a member of the
Association may be present during the discussion of the grievance in this step.
Section 4.
If the nurse or nurses involved are dissatisfied with the decision of the Chief Nursing Officer
/ Vice President, Patient Care Services or her/his designee, they shall appeal the matter in writing
to the Hospital President or her/his designee within ten (10) days. The Hospital will contact the
Association within seven (7) days of receiving the matter at the President level in order to
schedule a meeting to take place within a reasonable time. The President or her/his designee will
discuss the matter with the nurse or nurses involved and will give her/his answer in writing within
fifteen (15) days after such discussion occurs. In the event that the Association so desires, a
member of the Association may be present during the discussion of the grievance in this step.
Section 5.
Nurses filing grievances in the Integrated Care Department shall submit their dispute in
writing to their department director, then to the Vice President, Patient Care Services/CNO or
her/his designee, then to the Hospital President or her/his designee. Nurses filing grievances in
the education department shall submit their dispute in writing to their department head, then to
the Chief Nursing Officer / Vice President, Patient Care Services or her/his designee, then to the
46
Hospital President or her/his designee. In all other respects the parties will follow the grievance
procedure set forth above.
Section 6.
The Hospital recognizes the right of the Union to proceed through grievance and arbitration
as to the exercise by the Hospital of its right to require reasonable standards of performance, as
set forth in Article XI.
Section 7.
The Association and the Hospital shall have the right to file a grievance, which grievance
shall be instituted under Section 4 above, provided that the Association or the Hospital shall
institute a grievance within sixty (60) days after it knew of or had reason to know of the factual
basis for the grievance.
Section 8.
In the event the President's decision is unsatisfactory, the matter may be submitted to
arbitration in the manner set forth below within thirty (30) days after the President has submitted
her/his answer.
Section 9.
If the dispute is not resolved in the manner provided in the foregoing Sections of this
Article, either party may submit the issue to arbitration within thirty (30) days. The matter shall
be resolved in the following manner:
(a) Any difference as to the interpretation, application or violation of any of the
provisions of this Agreement, whether asserted by the Association or by the Hospital, if not
satisfactorily settled between the parties, may be referred to an arbitrator for the decision. In the
event that the parties cannot mutually agree on the selection of an arbitrator, the parties shall
refer the difference to the American Arbitration Association for disposition in accordance with the
47
rules and regulations of that Association. During the term of this Agreement either party has the
option to refer a case to the Labor Relations Connection (LRC) instead of the American Arbitration
Association, in accordance with the rules of the LRC; both parties must affirmatively agree to
continue this option beyond the term of the Agreement.
(b) The decision of the arbitrator shall be final and binding upon the parties. It is further
understood and agreed that the arbitrator is bound by and must comply with all the terms and
provisions of this Agreement, and shall have no authority to add to or subtract from or modify any
of the terms of this Agreement or to determine any dispute involving a general wage increase or
to establish or modify any wage rate set forth in this Agreement. In the event that a new job
classification and wage rate are instituted by the Hospital, the matter may be subject to a
grievance, and the arbitrator shall not be limited by the provisions hereof.
(c) The expenses of the arbitration shall be shared equally by the Hospital and the
Association. For purposes of this Article, "days" shall not include Saturdays, Sundays, or holidays.
(d) It is agreed that all of the time elements in the foregoing Sections of this Article are
of the essence. In the event that an appeal is not taken to the next step within the time
limitations set forth herein, the matter shall be deemed to be resolved on the basis of the last
official written resolution of the problem. If the Hospital fails to answer a grievance within the
foregoing time limitations, the grievance shall be resolved in favor of the grievant. The time
limitations may be extended by mutual agreement of the Hospital and the Association.
ARTICLE XIII
Section 1. Entire Agreement
No amendment or extension of or addition to this Agreement and no other agreement
between the parties hereto shall be effective unless the same is embodied in a formal written
agreement signed by the parties hereto.
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ARTICLE XIV
Section 1. No Strikes--No Lockouts
(a) The Association agrees that during the term of this Agreement there shall be no
strike of any kind whatsoever, including sympathy strike or unfair labor practice strike, slow-down,
stoppage of work, sick-out, sit-in, picketing or demonstrations concerning any matter covered by
this Agreement. The Hospital agrees that there shall be no lockout during the term of this
Agreement.
(b) The Hospital may take disciplinary action, up to and including discharge, against any
employee who instigates, participates in or gives leadership to any activity prohibited herein. Such
action by the Hospital shall not be subject to the grievance and arbitration provision of this
Agreement, except as to the question of whether or not the employee who was disciplined in fact
instigated, participated in or gave leadership to any prohibited activity.
(c) Upon notice to the Association of any violation of Paragraph (a) of this Article, the
Association will immediately order both orally and in writing that such violation cease and
take other appropriate action as may be required in the circumstances.
ARTICLE XV
Section 1. Per Diem Nurses
The Hospital reserves the right to create a pool of Per Diem Nurses in order to supplement
and augment present staffing. It is the intention of the Hospital to utilize Per Diem Nurses only
when patient care needs dictate. The Hospital will not guarantee work to a Per Diem Nurse, i.e.,
provide regularly scheduled hours of work or days of work, nor will it provide any benefits beyond
those specifically set forth in this Article XV.
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Section 2.
Per diem nurses shall be paid in accordance with Appendix A, Article II, Table of Salaries for
all hours actually worked except for overtime situations where she/he shall be paid in accordance
with Article 3, Section 2. Per Diem Nurses will be designated as either Level I or Level II Per Diem
Nurses.
Section 3.
A Per Diem Nurse hired with less than one year’s recent experience at the lower rate of a
Level I or Level II Per Diem Nurse after completing 1000 hours of employment at the Hospital will
move to the higher rate.
Section 4.
The Hospital will not request a Per Diem Nurse to assume charge nurse duties; however, if
she/he is properly qualified and properly oriented and agrees to work a shift as a Charge Nurse,
the Nurse will receive the appropriate differential specified by the Agreement.
Section 5.
a. A Per Diem Nurse may express her/his availability for specific hours or days of work by
submitting a calendar to the Nursing Administrative office in a manner consistent and to coincide
with the Time Schedule Agreement (Appendix B). Once logged the calendar will be forwarded to
the appropriate department head. A Per Diem Nurse who does not submit her/his availability
calendar in advance will not be included in posted time.
b. Per Diem Nurses will be designated as either Level I or Level II. A Per Diem Nurse who
does not satisfy her/his commitment as a Level II Nurse in any month will automatically revert to a
Level I status in the succeeding month. A nurse may with the recommendation of her/his
immediate supervisor apply in writing to resume Level II status to the Chief Nursing Officer / Vice
President, Patient Care Services or designee.
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Section 6.
A Per Diem agrees to attend a Hospital orientation program, which may be modified on an
individual basis depending on the Nurse’s experience.
Section 7.
The Hospital will not use Per Diem Nurses with the result that layoffs of regular full-time
and part-time Nurses will occur, or so as to reduce the hours of regular full-time and part-time
Nurses.
Section 8.
The Hospital will endeavor to fill nursing vacancies with permanent staff as soon as
reasonably possible, rather than continue to fill vacancies with Per Diem nurses.
Section 9.
a. Cancellation of Per Diem Nurses either by the Hospital or Nurse must be a minimum of one
(1) hour in advance for a 7am-3pm shift and a minimum of four (4) hours in advance for 3pm-
11pm and 11pm-7am shifts. If the Hospital fails to notify the Per Diem accordingly and the Nurse
arrives prepared to work, she/he shall be paid for two hours of work for the shift if no work is
available.
b. The Hospital will notify Per Diem Nurses at least one hour in advance of their scheduled
shift if the Hospital wishes to assign them to an area outside of their specialty. If after Per Diem
Nurses have reported to their unit it becomes necessary to float Nurses to units outside of their
specialty, Per Diem Nurses will be assigned to float on the same basis as those Registered Nurses
regularly assigned to the unit. Specialty areas are grouped as follows: Critical Care
(ICU/CCU/CCC); Med Surg (H4, H5 and R4).
c. A nurse who rejects/cancels more than two (2) confirmed shifts in a six month period or
more than four (4) confirmed shifts in a one-year period based on her/his expressed availability
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may be removed from the Per Diem list.
Section 10.
a. Level I Per Diem Nurses must commit to work every fourth weekend or two weekend shifts;
in addition they must commit to work one of the following holidays: July 4th, Labor Day,
Thanksgiving, Christmas, New Years (which is considered part of the holiday commitment for the
year ending). Level II Per Diem Nurses must commit to work six shifts per month including every
fourth weekend or two weekend shifts; in addition they must commit to work two of the following
holidays: July 4th, Labor Day, Thanksgiving, Christmas, New Years (which is considered part of the
holiday commitment for the year ending).
b. Per Diem Nurses are required to accept on-call assignments in areas where on-call is
required. Per Diem Nurses are required to provide weekend and on-call (per Article II, Section 7)
availability at one-half (1/2) the commitment level of other bargaining unit nurses in their
respective areas. In areas where weekend/holiday coverage is not needed, the minimum shift
commitment for Level I is two per month and level II is six per month.
c. A Per Diem who does not satisfy her/his commitment shall be removed from the Per Diem
list unless her/his immediate supervisor or designee verifies that she/he is not needed after being
confirmed.
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Section 11.
Per Diem Nurses shall not accrue bargaining unit seniority. In the event a regularly
scheduled nurse transfers to a per diem position her/his seniority shall be frozen. In the event the
nurse later transfers back to a regularly scheduled position she/he shall be given credit for prior
service time exclusive of the per diem time. A Per Diem Nurse who assumes a regularly scheduled
position shall be compensated pursuant to the first sentence of Article 11, Section 3 of the
Agreement, except that nurses who have prior bargaining unit service shall not be subject to the
hiring wage step cap.
ARTICLE XVI
HEALTH & SAFETY
Section 1. Workplace Violence
Workplace Violence is defined as physical assault, threatening behavior or verbal abuse
occurring in the work setting’ (NIOSH). The Hospital recognizes the potential for workplace
violence and recognizes its responsibility to provide a safe environment for employees, patients,
medical staff and visitors. To meet this responsibility the Hospital will establish and implement
initiatives including, but not limited to, a mechanism to address nursing involvement in policy
development of security measures, staff education in the recognition, avoidance and diffusion of
potentially violent situations, professional debriefing of Hospital personnel exposed to in-Hospital
violence with options for further counseling, and the use of trained security personnel. Further,
the Hospital recognizes and supports the individual nurse’s right to notify the police if she/he has
been assaulted as well as the Hospital’s obligation to work collaboratively with outside agencies as
appropriate.
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Section 2. Ergonomic/Musculoskeletal Injuries
The Hospital recognizes ergonomic stressors as ‘physical demands that have been
associated with certain musculoskeletal disorders’ (OSHA). The Hospital is committed to
recognizing the ergonomic stressors that exist in the Hospital work environment and implementing
practical measures to control such stressors. To that end, the Hospital agrees to the following
strategies as a minimum:
A. Lifting devices shall be readily available. All nurses may make requests for the purchase of
additional or different devices for lifting/moving/transferring of patients. Requests may be made
in writing to the Chief Nursing Officer / Vice President, Patient Care Services. All requests will be
responded to in writing.
B. The Hospital will run “Back Safety” education programs at least once a year which will
provide participants the opportunity to learn about practices and equipment, including patient
handling equipment that is effective in preventing musculoskeletal injuries.
ARTICLE XVII
SUCCESSORSHIP
Section 1.
If the ownership, operation or control of the Hospital is changed through sale, acquision,
merger or other similar business transaction, the Hospital shall include a term in the agreement
memorializing such transaction that states that any successor employer as that term is defined
under federal labor law will recognize the Association within the same bargaining unit as existed
before the transaction and be bound by the terms of this Agreement. The Hospital’s obligation to
the Association will be satisfied upon the inclusion of this term in the agreement memorializing
such transaction and the provision of proof to the Association by the Hospital of the terms
inclusion in such agreement. The parties acknowledge that the Hospital shall not be a guarantor
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of the assumption of this Agreement by a successor employer and that the Hospital shall not be
liable for any breach by a successor employer as that term is defined under federal labor law of
this agreement or the agreement memorializing a transaction contemplated by this section. The
parties agree that nothing herein shall operate to impose this Agreement on any employees not
includable in the bargaining unit described in the Agreement.
Section 2.
In the event of any combination of nurses from separate Association bargaining units,
including the transfer of nurses from one bargaining unit to another, as the result of a sale,
transfer, merger, acquisition, affiliation, consolidation, or otherwise, the seniority of the nurses
shall be dovetailed with that of the nurses in the Hospital’s bargaining unit.
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ARTICLE XVIII
Section 1. Duration and Renewal
The preceding provisions of this Agreement will remain in full force and effect through
October1, 2015, and will continue in effect from year to year thereafter unless written notice of a
desire to modify or terminate this Agreement is given by either party to the other ninety (90) days
prior to October 1, 2015 or prior to October 1 of any year thereafter.
IN WITNESS WHEREOF, the parties hereto have caused their names to be subscribed by their duly
authorized officers and representatives this day of 2015.
LAWRENCE GENERAL HOSPITAL MASSACHUSETTS NURSES ASSOCIATION
Julie Pinkham, RN, Executive Director Wendy McGill, Associate Director Diane Lee, RN, Co-Chairperson
Laurie Spheekas, RN, Co-Chairperson Kathy Farah, RN, Secretary Jean Tornatore, RN, Secretary Caroline Daniels, RN, Treasurer
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Appendix A Table of Salaries
10/8/13 – 10/1/15
(a) The classifications set forth fall into the following categories: 1) registered nurses who are assigned to units with twenty-four operations and who work rotating shifts, weekends and holidays, or who are assigned to units with limited rotation, weekends and holidays but which include on-call requirements; 2) registered nurses who are assigned to units with other than twenty-four operations but who are expected to work some limited rotation but are not required to take call; 3) registered nurses who are assigned to units that operate mainly weekdays, and who do not rotate or work weekends or holidays.
Current 10/8/2013 1% ATB with new step 18 (addt’l 1% Step 20)
10/1/2014 1% ATB (addt’l 1% Step 20)
Step 1 29.83
$30.13
$30.43
Step 2 31.04
$31.35
$31.66
Step 3 32.10
$32.42
$32.75
Step 4 33.40
$33.73
$34.07
Step 5 34.85
$35.20
$35.55
Step 6 36.25
$36.61
$36.98
Step 7 37.69
$38.07
$38.45
Step 8 39.20
$39.59
$39.99
Step 9 41.00
$41.41
$41.82
Step 10 42.23
$42.65
$43.08
Step 11 43.51
$43.95
$44.38
Step 12 44.82
$45.27
$45.72
Step 13 46.16
$46.62
$47.09
Step 14 47.55
$48.03
$48.51
Step 15 48.97
$49.46
$49.95
Step 16 50.44
$50.94
$51.45
Step 17 51.95
$52.47
$52.99
Step 18 n/a
$54.04
$54.58
Step 20 54.31
$55.40
$56.51
57
(b) Assistant Head Nurses will be offered charge responsibilities before anyone else on their shift. (c) Additional $100.00 per week on Staff Nurse weekly rate shall be paid to the instructors provided the instructor works a minimum of 32 hours per week and has a BSN (nurse will not receive additional differential for BSN, will receive additional differential for MSN) pro rata that amount if she/he works less than 32 hours per week. Nurses who receive the instructor’s differential now without the BSN degree will be paid $50/week regardless of hours regularly worked. (d) The Childbirth Educator shall be paid at her/his regular rate of pay for all hours worked, and at the overtime rate as applicable. (e) The “Special Staffing Programs” (32/40) shall be eliminated effective March 31, 2013. The
Hospital will increase the scheduled hours per week from 32 to 40 for those registered nurses
currently on the 32/40 program who inform the Hospital in writing no later than December 31,
2012 that they wish to assume a 40-hour schedule as of April 1, 2013. Nurses who wish to
assume a 40-hour schedule understand that they may not always be able to be scheduled on their
same unit and/or same shift for the additional eight hours of work.
1. RNs shall advance to the next step on her/his anniversary date each year up to the step below the 20-year step. RNs will advance to the 20-year step after 20 years as an RN at LGH. 1. Per Diem rates:
2.
Current 10/8/2013 10/1/2014 1% ATB
Per Diem Level 1 < 1yr
41.16
41.16 $41.57
Per Diem Level 2 <1yr
44.95
44.95 $45.40
Per Diem 11P-7P 47.98 47.98 $48.46
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Appendix B
Time Schedules Agreement Between
Lawrence General Hospital And
Massachusetts Nurses Association
The Hospital and the MNA have agreed to the following: 1. Schedules will be done in four week time blocks. Requests must be in two weeks in advance of
the posting of the schedule. (Requests deadline and schedule posting will always be a Thursday). Nurses may include requests for straight time extras availability for the four week time schedule. Requests and straight time availability will be given by seniority on a rotating basis for regularly scheduled nurses. Per diems may provide availability at this time. Per diem nurses will be confirmed on the schedule in accordance with the procedure in paragraph #3 below.
2. Schedule will be posted with the “holes list” (available time) two weeks in advance of the
schedule time period on Thursday by 2 pm. All posted scheduled time is confirmed and not subject to change unless agreed by the nurse. In order to keep shift rotations to a minimum, managers will make best efforts to schedule nurses for their regular shift. Rotations will be identified and both the rotation shift and the regular shift will be posted on the “holes list”. Once a rotation shift is assigned the nurse will be given credit for the rotation whether or not he/she ultimately works the rotation shift. It is understood that there may be instances when rotation does not create a “hole” on the regular shift. Such occurrences are the exception. MNA may bring such occurrences to the attention of the appropriate Director seeking a satisfactory resolution.
3. Nurses must sign up for straight time or overtime extras posted on the holes list by the
following Wednesday at 4:00pm. The confirmed extra shifts will be posted on Thursday by 2pm. Nurses assigned rotation shifts will be offered the opportunity to revert to her/his regular shift provided another nurse has signed up to work the rotation shift on the “holes list”.
Rules for confirming shifts:
1. Straight time scheduled staff 2. Per diems 3. Over time Shifts
4. The schedule including confirmed extras will be posted on Thursday by 2:00pm. Overtime
shifts will be confirmed weekly on Mondays by 2pm for the following week. A confirmed overtime shift shall count as the nurse’s turn whether or not the nurse ultimately works the overtime shift.
59
5. Thanksgiving, Christmas, New Years – request by October 1st and posted by October 15th of each year.
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61
62
63
64
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Side Letter #4
Health Insurance Co-Payments: For the remainder of the contract, through October 1, 2015, the Hospital agrees co-payments for Outpatient Hospitalization under the PPO Plan shall be as follows:
Tier 1 - $250 (unchanged)
Tier 2 - $500
Tier 3 - $750
For the remainder of the contract, through October 1, 2015, the Hospital agrees co-payments for MRI/CatScan co-payments under the PPO Plan shall be as follows:
Tier 1 - $75 (unchanged)
Tier 2 - $200
Tier 3 - $400
Temporary 75/25 Premium Share for Eligible Part-Time Employees Effective upon ratification of the collective bargaining agreement covering the period 10/8/13 – 10/1/15, the Hospital will conduct a six (6) month look-back to determine whether any part-time nurse who participates in the Hospital’s health insurance plans and who is regularly scheduled to work less than thirty (30) hours per week has averaged thirty (30) hours of work or more per week over the course of the preceding six (6) months. A part-time nurse who averaged thirty (30) hours or more per week over the prior six (6) month period will be entitled for the next six (6) months to the same premium share contribution as if s/he were a full-time nurse (75/25). The Hospital will conduct an additional six (6) month look-back at or around January 1, 2015, and another six (6) month look-back approximately six (6) months thereafter. Eligibility for the 75/25 premium share may be gained or lost based on the results of each look back. This process and the resulting temporary premium share enhancement shall remain in effect for the duration of this contract only, through October 1, 2015. LAWRENCE GENERAL HOSPITAL MASSACHUSETTTS NURSES ASSOCIATION Julie Pinkham, RN, Executive Director Wendy McGill, Associate Director
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Side Letter #5
OR/PACU On Call Guidelines
1. The parties wish to have a process that pertains to call in OR and PACU in situations when a
case may, or does, extend beyond a nurse’s scheduled on-call shift.
2. If the need for an on-call nurse occurs within one (1) hour of the end of a scheduled on-call
shift, the supervisor in her sole discretion, has two options:
1) She may call in the scheduled on-call nurse, who shall be obligated to report; or
2) She may call in the on-call nurse scheduled for the next on-call shift and ask that
nurse to come in early to handle the case (the nurse may decline to come in early
without consequence).
3. In the event of option #1, the nurse called-in may leave at the end of her scheduled on-call
shift, assuming that she has been relieved with the appropriate hand-off, although the case
has not finished. If she leaves at the end of her scheduled on-call shift, she will receive pay
at the appropriate call-in rate only for the time actually worked.
a. If the nurse wishes, or is asked to stay and complete the case, the nurse who is
scheduled to be on-call in the next shift, must be amenable. If the nurse who is
scheduled to be on-call in the next shift is amendable, that nurse will receive her
appropriate on-call differential upon the start of her scheduled on-call shift but shall
not receive any call-in pay, and the nurse remaining with the case will be paid in
accordance with Article 2, Section 7.
b. If the nurse who is scheduled to be on-call in the next shift is not amendable, she
will be called-in, and the first nurse will receive pay at the appropriate call-in rate
only for the time actually worked. The nurse scheduled to be on-call the next shift
will receive the appropriate call-in pay when called into work in accordance with
Article 2, Section 7.
4. In the event of option #2, a nurse who agrees to come in early to handle the case will be
paid at the appropriate call-in rate in accordance with Article 2, Section 7. The nurse who
was scheduled to be on-call, but who was not called in, will not receive any call-in pay but
shall continue to receive the on-call differential until the scheduled end of the on-call shift.
LAWRENCE GENERAL HOSPITAL MASSACHUSETTTS NURSES ASSOCIATION Julie Pinkham, RN, Executive Director Wendy McGill, Associate Director
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Side Letter #6
Case Manager (replaces Continuing Care position) Agreement—
7-day/week position. Coverage to begin 6-days/week no sooner than June 1,
2006, to begin 7-days/week no sooner than September 1, 2006
8-hour day shift start times will continue to vary, i.e., 7 a.m.—9 a.m.
Utilization Review Specialist incumbents’ seniority within the bargaining unit will
commence with their assignment as a Case Manager, seniority with the Hospital
is from date of hire
Overtime will be paid for hours worked in excess of 8 ½ hours/day or 40
hours/week (there is a half-hour unpaid meal-break), If Case Managers need to
work beyond their 8-hour shift for unusual circumstances, they will be paid
straight time for the first half hour beyond their shift
The Hospital shall maintain the current Case Manager staffing coverage for all
Holidays except Thanksgiving, Christmas and New Year’s Day. Those three
Holidays will have the following schedule:
o (1) RN Case Manager from 8 am - 4:30 pm to cover the house
o (1) RN Case Manager from 11 am - 7:30 pm to cover the ED (high
volume time)
*All ED Case Manager staff will rotate through this assignment regardless of
assigned shift.
Note: For purposes of this provision, the Holiday will begin at 7 am the day of
the Holiday and end at 7 am the day after the Holiday (e.g. December 25th at 7
am to December 26th at 7 am).
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LAWRENCE GENERAL HOSPITAL MASSACHUSETTTS NURSES ASSOCIATION Julie Pinkham, RN, Executive Director Wendy McGill, Associate Director
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63 Bridge Program 26
access 35
arbitration 46
Association participation 4
Association representatives 35
Back Safety education programs 53
bargaining unit member information 4
birthday holiday option 17
bulletin boards 41
bumping 33
cancellation of confirmed extra shifts 12
certifications 39
charge pay 9
Childbirth Educator pay 57
credit for experience 6
death in the immediate family 40
dental plan 42
differential, educational 7
differential, preceptor 9
differential, RNFA 9
differential, shift 7
differential, weekend 7
disciplinary action removal from file 36
discipline 36
donation of paid time off 22
dues check-off 5
duration and renewal 55
early retirement 26
educational differential 7
entire Agreement 47
ergonomic/musculoskeletal injuries 53
exemption from rotation 13
extended illness bank (EIB) 22
Extra Incentive Program (EIP) 10
Family and Medical Leave Act 42
floating 13
grievance procedure 43
grievance time elements 47
health insurance continuation 28
holiday Christmas/New Year's shifts 16
holiday pay 16
holidays 15
hospital department 34
hospital discount 26
hospital travel 35
hours of work 10
70
insurance, liability 41
insurance, life 42
insurance, medical 25
jury duty 35
just cause 36
labor and delivery core need staffing 8
Labor/Management Committee 39
laid off nurses, benefits 34
leave of absence request 30
leave of absence, termination of employment 31
leave, maternity 29
leave, military 29
leave, personal illness 30
leaves of absence 28
liability insurance 41
life insurance 42
lifting devices 53
long term disability plan 42
loss of seniority 32
low work load 14
management rights 43
mandatory overtime guidelines 11
maternity leave 29
medical insurance 25
military leave 29
negotiations, pay for 40
no strikes/no lockouts 48
non discrimination, union 4
non-discrimination 35
on call 8
overtime 11
paid sick leave 24
paid time off 19
paid time off accrual 20
paid time off carryover & maximum accrual 21
paid time off cash-in 21
paid time off payment 21
paid time off usage 20
part-time nurses 6
pay for negotiations 40
payment of wages 9
per diem cancellation 50
per diem nurses 48
per diem rates of pay 57
per diem weekend commitment 51
71
personal days 27
personal illness leave 30
placement on scale 6
preceptor differential 9
prime time sign up 22
professional activities 36
PTO plan accrual charts App. C, 60-
61
PTO scheduling for vacation 22
recall 34
recognition 4
reductions in force 32
resignations 38
retirement savings 42
RNFA differential 9
rotation of holidays 16
rotation, exemption from 13
salary increases 5
schedules 12
schedules side-letter App. B, 58
schedules, change in nurses' 14
seniority 31
seniority, loss of 32
service fee 5
shift differential 7
sick leave 24
sick leave benefits accrual 27
Side Letter #1 - combining two shifts 62
Side Letter #2 - critical care unit staffing 63 Side Letter #3 - Rapid Response/CAT/Code position 64
Side Letter #4 - health insurance co-pays 65
Side Letter #5 - on call guidelines 66
Side Letter #6 - case manager agreement 67
Special Staffing Programs 57
staff nurse instructor pay 57
successorship 53
temporary nurses 6
transfers 39
tuition reimbursement 37
vacancies 32
vacation eligibility 18
vacation scheduling 18
vacations 17
72
wage scale App. A, 56
weekend differential 7
Worker's Compensation 41
workplace violence 52