The Watts Healthcare Corporation

Transcription

1 SEIU Local 721 The Watts Healthcare Corporation Memorandum of Understanding Service and Maintenance Employees Technical Employees Drivers Business Office Clerical Employees July 1, 2010 through June 30, 2014

2 TABLE OF CONTENTS ARTICLE I RECOGNITION AND UNION SECURITY... 1 Section 1 Recognition... 1 Section 2 Union Security... 1 Section 3 Exclusivity... 3 ARTICLE II HOURS OF WORK... 4 Section 1 Explanation... 4 Section 2 Work Schedules... 4 Section 3 Work Distribution... 4 Section 4 Rest Periods... 4 Section 5 Split Shifts... 5 Section 6 Flex Time... 5 Section 7 Service Credit... 5 Section 8 Make-Up Time... 5 ARTICLE III OVERTIME AND PREMIUM PAY... 6 Section 1 Definition of Terms... 6 Section 2 Overtime Rates... 6 Section 3 Assignment of Overtime... 6 Section 4 Standby Pay... 6 Section 5 Reporting Pay... 7 Section 6 Call-In... 7 Section 7 Bilingual Premium... 7 Section 8 Mileage Allowance... 7 Section 9 Nonduplication of Premium Payments... 8 ARTICLE IV WAGES... 9 Section 1 Rates of Pay... 9 Section 2 No Reduction in Benefits... 9 Section 3 Work in a Higher Classification... 9 Section 4 Merit Increases... 9 Section 5 Shift Differentials... 9 Section 6 Promotion and/or Transfer... 9 Section 7 Longevity Pay ARTICLE V HOLIDAYS Section 1 Holidays Observed Section 2 Holiday Provisions Section 3 Holiday Premium Section 4 Employee s Day Off Section 5 Holidays During Paid Leave i

3 ARTICLE VI VACATIONS Section 1 Vacation Eligibility Section 2 Holiday During Vacation Section 3 Vacation Pay Section 4 Scheduling Vacations Section 5 Split Vacations Section 6 Vacation Granted on Seniority Section 7 Vacation Carryover Section 8 Separation Pay ARTICLE VII SICK LEAVE Section 1 Paid Sick Leave Section 2 Separation Pay Section 3 Integration of Sick Leave ARTICLE VIII LEAVES OF ABSENCE Section 1 Leave of Absence with Pay Section 2 Medical and Union Leave of Absence Section 3 Personal Leave Section 4 Bereavement Leave Section 5 Jury Duty Section 6 Military Leave Section 7 Personal Time Off Section 8 Education Leave & Assistance Program Policy Section 8a. Educational Reimbursement Section 9 Worker s Compensation Section 10 Benefits While on Industrial Leave Section 11 Family and Medical Leave Act ARTICLE IX HEALTH AND WELFARE Section 1 Employee and Dependent Health and Welfare and Dental Coverage Section 2 Coverage During Leave of Absence Section 3 Pension Plan Section 4 Life Insurance Section 5 Generic Drugs Section 6 Health Insurance Renegotiations Section 7 Health and Welfare Benefits for Domestic Partners ARTICLE X PART-TIME, TEMPORARY AND CASUAL/ON-CALL EMPLOYEES Section 1 Part-Time Employees Section 2 Temporary Employees Section 3 On-Call/Casual Employees ii

4 ARTICLE XI GRIEVANCE AND ARBITRATION PROCEDURE Section 1 Purpose and Procedures Section 2 Time Limits Section 3 Disclosure Section 4 Disciplinary Notices ARTICLE XII DISCIPLINE AND DISCHARGE ARTICLE XIII UNION REPRESENTATION Section 1 Access of Union Representative Section 2 Union Stewards Section 4 Union Activities Section 4 Bulletin Boards Section 5 Break Rooms ARTICLE XIV SENIORITY Section 1 Probationary Period Section 2 Bargaining Unit Seniority Defined Section 3 Force Reduction Section 4 Promotion and Shift Change Section 5 Job Posting ARTICLE XV NONDISCRIMINATION ARTICLE XVI SEVERANCE PAY ARTICLE XVII RIGHTS OF MANAGEMENT ARTICLE XVIII STRIKES AND LOCKOUTS Section 1 Strikes Section 2 Relief Section 3 Lockouts ARTICLE XIX COMMUNITY DISASTERS ARTICLE XX SAVINGS CLAUSE ARTICLE XXI SUCCESSORS AND ASSIGNS ARTICLE XXII COPE CHECK-OFF ARTICLE XXIII MISCELLANEOUS Section 1 Substance Abuse Testing Section 2 Employee Parking Section 3 Safety iii

5 Section 4 Maintenance Section 5 Incentives Section 6 Job Descriptions Section 7 Departmental Policies Section 8 Courtesy Clause Section 9 Dress Code ARTICLE XXIV JOINT UNION MANAGEMENT COMMITTEE ARTICLE XXV DURATION OF AGREEMENT iv

6 ARTICLE I RECOGNITION AND UNION SECURITY Section 1 Recognition The Employer recognizes Service Employees International Union, Local 721, located at 500 South Virgil Avenue, Los Angeles CA 90020, as the sole and exclusive bargaining agent for the purpose of collective bargaining with respect to rates of pay, hours of work and working conditions for the Employer s employees included within the bargaining unit for which the Union was certified as the exclusive bargaining representative by the National Labor Relations Board in Case No. 21-RC The bargaining unit shall include: All service and maintenance employees, technical employees, drivers, and business office clerical employees employed by the Employer at its facilities located at: > South Compton Avenue, Los Angeles, California > 3756 Santa Rosalia Drive, Suite 400, Los Angeles, > 8005 South Figueroa Street, Los Angeles, California > Lumpkin House, a confidential drug rehabilitation program > The Magic Johnson Student Health Clinic (Jordan High School 2265 E. 103rd Street Los Angeles, CA 90002) > Sites covered by a contract between the State of California and the Watts Health Care Corporation for the delivery of WIC services and shall exclude: All other employees, professional employees, confidential employees, guards and supervisors as defined in the Act, as amended. Section 2 Union Security As a condition of employment, all current employees included in the bargaining unit shall, on the 31st day following the date on which this Agreement is executed, be required to either become members of the Union or pay an agency fee. As a condition of employment, all employees within the bargaining unit hired on or after the date this Agreement is executed shall, on the 31st day following the beginning of such employment, be required to either become members of the Union or pay an agency fee. If the employee elects to become a member of the Union, such membership shall be maintained as a condition of continued employment for the remaining duration of this Agreement. If the employee elects to pay an agency fee, such fee shall continue to be paid as a condition of continued employment for the remaining duration of this Agreement, unless the employee thereafter elects to become a member of the Union in which case such membership shall be maintained for the remaining duration of this Agreement. The agency fee shall be an amount equivalent to the normal amount of dues and initiation fees paid by members less any portion of which is allocated to purposes such as insurance for which nonmembers are not eligible. Notwithstanding any other provisions, any employee who is a member of and adheres to established and traditional tenets or teachings of a bona fide religion, body or sect which has historically held conscientious objections to joining or financially supporting this Union as a 1

7 condition of employment, except that such employee is required, in lieu of periodic dues and initiation fees, to pay sums equal to such dues and initiation fees to one of the following nonreligious charitable funds exempt from taxation under section 501(c)(3) of the Internal Revenue Code: > Susan G. Kaomen for the Cure > AIDS Project Los Angeles (APLA) > Weingardt YMCA The Union shall be entitled to verify payments to the designated charitable funds by having the Employer s checkoff records mailed to it quarterly and, if necessary, by requiring of the employee quarterly records of payment. Maintenance of Membership. Employees who are required hereunder to maintain membership in the Union and fail to do so, and employees who are required hereunder to pay an agency fee and fail to do so shall, upon notice of such fact in writing from the Union to the Employer, be terminated; provided, that no employee may be terminated for nonmembership if the reason for nonmembership is other than failure to tender initiation fees or periodic dues customarily required from the Union s members. Notification. Employer shall at the time of hire inform each new employee covered under the coverage of this Agreement of the existence and provisions thereof. Checkoff-Deduction of Initiation Fees and Dues. Upon receipt of an individual, voluntary, written, and unrevoked checkoff authorization from an employee in the bargaining unit, the Employer will deduct from the pay of such employee during the first two pay periods of each calendar month a sum equal to that employee s Union one half the initiation fees or monthly membership dues which fell due during the immediately preceding month so long as such employee was employed by the Employer at the time such obligation became due. In no event shall any charge be made to an employee which accrued prior to the date of hire or the date of ratification of this Agreement, whichever is later. Remittance. The Employer shall promptly remit to the Union the sums which are deducted under the paragraph above. Acceptance into Membership. Union will accept a continuing membership for employees within the bargaining unit upon the same terms and conditions as those required of all other members and applicants for membership. Assimilation of New Facilities. Any new facility hereafter opened and/or operated by the Employer in Los Angeles County shall be automatically covered by the provisions of this Agreement if it is an accretion to the existing bargaining unit within the meaning of the National Labor Relations Act, as amended. Indemnification. The Union shall indemnify the Employer and hold it harmless against any and all suits, claims, demands and liabilities that shall arise out of or by reason of any actions that shall be taken by the Employer for the purpose of complying with the provision of this Section. 2

8 Section 3 Exclusivity Definition. Whenever the words employee or employees are used hereinafter in this Agreement, they designate only such employees as are included in the bargaining unit and covered by this Agreement. Supervisory Employees. Employer recognizes the fact that bona fide supervisory employees are only those who have the authority to hire, promote, discipline, discharge or otherwise effect changes in the status of employees or to effectively recommend such action or engage in other supervisory activities as defined in the National Labor Relations Act, as amended, and it is not the Employer s intent to establish jobs or job titles for the purpose of excluding employees from the unit as established in Article I, Section 1 of this Agreement. Bargaining Unit Work. The parties agree that Work Experience Program members, Manpower Training workers, volunteers, supervisory personnel and CETA workers shall not be used by the Employer to displace bargaining unit employees or to fill positions previously occupied by bargaining unit employees nor shall they be used to reduce the hours of bargaining unit employees. Supervisors performing bargaining unit work shall be limited to those remaining individuals/positions which were stipulated to as being supervisors (as defined by the National labor Relations Act, as amended) by the Employer and the Union prior to the conduct of the National Labor Relations Board representation election in N.L.R.B. Case No. 21-RC This, however, is not to infer in any way that supervisors can be used in such a way as to displace bargaining unit employees or reduce their hours of work. Subcontracting. In the event the Employer should intend to subcontract any work currently being performed by employees in the bargaining unit which results in bargaining unit employees being displaced, it shall notify the union as soon the employer has knowledge of the intent to subcontract work and notice shall never be less than thirty (30) days. The Employer agrees to request in writing of the subcontractor that those bargaining unit employees so affected be absorbed by the subcontractor. Further, the Employer will cooperate with the Union in assisting displaced bargaining unit employees in locating jobs and/or training for alternate employment and will give preference in filling job openings at the Watts Healthcare Corporation to bargaining unit employees who are qualified to do the job for which there is an opening. 3

9 ARTICLE II Section 1 Explanation HOURS OF WORK This Article is intended to define the normal hours of work and shall not be construed as a guarantee of hours of work per day, or per week or of days of work per week. This Article shall not be considered as any basis for the calculation of overtime. Section 2 Work Schedules A normal workweek shall consist of forty (40) hours within five (5) consecutive days (at eight (8) hour days) exclusive of a one (1) hour lunch period, followed by two (2) consecutive days of rest, except that, in the case of employees normally required to work weekends, the provision providing for consecutive days off/consecutive days of work shall be waived in order to allow such employees every other weekend off. Employees wishing to work every weekend will not be prohibited from doing so. Except in case of emergency, a work schedule shall not be changed later than one week before it goes into effect. Employees are expected to report to work on time as scheduled. Employees may clock in up to ten (10) minutes late per work shift on a noncumulative basis without suffering a reduction in pay, provided that it is understood that in all cases the tardy will be recorded and counted. Employees must log in with their pin number at their designated station. All Bargaining Unit Employees may have the option of working a regular work week consisting of four (4) ten (10) hour days if the employee requests such a work week and the employee s immediate supervisor authorizes the employee to work such a work week. The granting of requests for a four (4) day, ten (10) hour day shift or the choice of specific days for such a shift shall be on a seniority basis. In the case of employees electing a four (4) day ten (10) hour shift, shall be on a seniority basis. Section 3 Work Distribution When an employee is absent and if a replacement cannot be obtained in time, it is the intention of the Employer to equitably distribute his/her workload among the employees in the department or work unit so that no undue hardship may be placed on any individual worker. It is further the intent of the Employer to equitably distribute workloads among employees in both single work units and departments. It shall be the intent of the Employer to develop a roster of on-call (casual) employees for the purpose of providing relief for absent employees. Section 4 Rest Periods Each employee shall receive an assigned relief period during each half of the workday. Each relief period shall be limited to ten (10) minutes. In no case shall a relief period be less than ten (10) minutes. If continuous operation is required in the job concerned, a substitute will be provided for the relief period. In the unusual circumstance where an employee is unable to take 4

10 time off for a rest period, the employee may request and shall receive the time equivalent to such rest period with pay at the next scheduled lunch period that day or later in the shift. Section 5 Split Shifts The policy of the Employer is to avoid split shifts; however, when the requirements of efficient operations are such that it is necessary in the Employer s opinion to schedule split shifts, a premium of four dollars and twenty-five cents ($4.25) per day shall be paid to any employee working a split shift. Section 6 Flex Time The Employer shall consider a request by an employee for flex time (i.e., modified start and finish time for a work day) schedule, however, no change will be implemented without prior approval of the appropriate department head or immediate supervisor. Such requests shall not unreasonably be denied. Section 7 Service Credit Whenever used in this Agreement, Service Credit shall mean that period of continuous employment with the Employer, less any absence from employment (excepting regularly scheduled days off) which exceeds thirty (30) calendar days for personal leave or sixty (60) calendar days for medical or maternity leave, for which no compensation is received. However, upon return from any unpaid authorized leave from employment, the employee s service credit accrued prior to such leave shall be retained. Notwithstanding the above, service credit shall continue during the entire period of absence due to industrial injury. Section 8 Make-Up Time Any employee who is absent for any reason on a scheduled work day, for an interval of at least one hour, may request and may be permitted by the Employer to make up such lost time by working on his or her regularly scheduled day or day off within the same pay-period and shall do so at his or her regular straight-time rate. This provision shall not be applicable in cases where an employee received holiday pay or sick leave pay for such absence. Employees may mutually agree to exchange their days off (with their respective supervisor s approval), provided that if such exchange results in an overtime pay situation such overtime pay shall be waived. Supervisors shall not unreasonable deny request. The union understands that approval may be contingent on the needs of the operation. 5

11 ARTICLE III OVERTIME AND PREMIUM PAY Section 1 Definition of Terms Week, as used in this Article, shall mean and consist of the seven (7) day period beginning at 12:01 a.m. Thursday or at the shift changing hour nearest that time. Day, as used in this Article, shall mean and consist of the twenty-four (24) hour period beginning at the time the employee commences work. Overtime Rates, as used in this Article, shall mean the rate for overtime hours worked as provided in Section 2 of this Article. Section 2 Overtime Rates Overtime. All hours worked in excess of eight (8) in any day, or in excess of forty (40) in one week, shall be paid for at the overtime rate of one and one-half (1½) times the straight-time hourly rate. All hours worked in excess of twelve (12) hours in one day shall be paid for at the rate of two (2) times the straight-time hourly rate. All hours worked in excess of sixteen (16) in one day shall be paid for at the rate of two and one-half (2½) times the straight-time hourly rate. All work performed on the sixth (6th) consecutive day of work regardless of workweek shall be paid for at the overtime rate of one and one-half (1½) times the straight-time hourly rate, except when such schedule results from the request of the employee. All work performed on the seventh (7th) consecutive day of work and consecutive days of work thereafter shall be paid for at the rate of two and one-half (2½) times the straight-time hourly rate, until such time as consecutive days of work have been interrupted by a day off, except when such schedule results from the request of the employee. In the event that an employee is scheduled to start work one hour or more earlier than on the previous workday as a result of the Employer s changing the work schedule within 48 hours, of time worked prior to the scheduled starting time of the previous shift shall be paid for at the rate of time and one-half, unless the earlier starting time was based on the employee s request. Section 3 Assignment of Overtime Overtime, scheduled and unscheduled, will be rotated among employees within FACILITY, departments and classifications equitably by seniority. An employee may reject overtime hours when his or her turn occurs on the rotation and in such case the employee will forfeit that specific turn but will remain eligible in the future. Should all employees exercise seniority for nonassignment the Employer shall assign employees in inverse seniority (beginning with the most junior employee) to work the required overtime. Section 4 Standby Pay Employees on standby status shall be paid a flat rate of twenty dollars ($20.00) for each weekday and thirty dollars ($30.00) for each weekend day spent on standby status, if classified as a X-Ray Technician, and, a flat rate of fifteen dollars ($15.00) for each weekday and twenty dollars ($20.00) for each weekend day spent on standby status, if classified as a Clinic Driver. Actual work time shall begin when the employee arrives where he/she was called and shall end when the employee leaves work for his/her home, provided, however, that the employee shall be guaranteed a minimum of two (2) hours work each time he/she is called in. An employee 6

12 shall receive time and one-half (1½) his/her regular rate of pay for all hours actually worked or guaranteed during the standby period. Section 5 Reporting Pay Employees who are requested to report to work, or who are scheduled to work and are permitted to come to work without receiving prior notice that no work is available, when the reason(s) for lack of work is within the control of the Employer, shall be paid for four (4) hours work at the regular rate of pay. In such cases, the authorized supervisor of the employee involved may allow the employee to leave work before the four (4) hours have elapsed. The four (4) hours time must be shown on the employee s time card either by time clock registration or by notation by the supervisor. In either case, the supervisor must sign the time card. The provisions of this Section 5 shall not apply if acts of God, failure of utilities, or other events beyond the control of the Employer interfere with work being provided, and if the Employer makes a reasonable effort to notify the employees not to report for work, at least two (2) hours before their scheduled time to work. It shall be the responsibility of the employee to notify the Employer of his/her current address and telephone number. Failure to do so shall excuse the Employer from the notification requirement. Section 6 Call-In When an employee is called to perform work before or after his/her regularly established shift, he/she shall receive no less than two (2) hours pay at one and one-half (1½) times his/her regular rate. Call-in shall be defined as a call for an employee to perform work after leaving the premises but before he/she is next scheduled for work. Section 7 Bilingual Premium Employer shall determine the positions which require bilingual skills and the number of staff required to fill these positions. Employer will further develop and implement a certification process to test and certify individuals as being eligible to receive bilingual pay. Certified individuals shall receive a premium of seventy dollars ($70.00) per month, provided that individuals who, as of April of 2003, have had a bilingual premium pay rolled into their current base pay shall retain such pay without further certification and shall be ineligible for the premium referred to in this section. Employees not specifically designated to translate shall not be required to do so and the employee will provide a list of designated employees to the union within thirty (30) days of ratification of this agreement and upon request, but no more than once per quarter. Section 8 Mileage Allowance Employees required and authorized to use their own personal automobiles for Employer business will receive mileage allowance in accordance with the I.R.S. applicable allowable rates, or the current level allowable under applicable grant regulations. 7

13 Mileage allowance shall be paid to employees by separate check by the first of the month when submitted, properly executed, to their supervisor by the tenth (10th) day of the preceding month. No employee may be required to transport patients in his or her personal car. No employee is authorized to use their own personal automobile for Employer business without having a valid California driver s license and proof of valid automobile insurance, as required by California law, on file with Risk Management and the Human Resources Department. Section 9 Nonduplication of Premium Payments Overtime or premium payments shall not be duplicated for the same hours worked under any of the terms of this Agreement, and, to the extent that hours are compensated for at overtime or premium rates under one provision, they shall not be counted as hours worked in determining overtime or premium payments under the same or any other provisions. 8

14 ARTICLE IV WAGES Section 1 Rates of Pay The minimum wage rates for each classification covered by this Agreement shall be set forth in Appendix A which is attached hereto and, by this reference, made a part hereof. Effective with the ratification of this contract, the lowest wage for a covered employee referenced in Appendix A shall be $10.00/hour after all across the board increases effective February 1, 2007 have been applied. Effective with the signing of this contract employees salaries shall remain the same for the length of the contract unless renegotiated as a provision of Article 25. Section 2 No Reduction in Benefits No employee covered by this Agreement shall, as a result thereof, suffer a reduction in wages or other benefits. since the wage scales and other benefits herein set forth are intended to constitute minimums only. Section 3 Work in a Higher Classification Any employee requested by a supervisor to work a total of two (2) or more hours during a single workday in a higher paying classification(s) shall be paid the higher rate for all time spent that day working in that classification(s). An employee requested by a supervisor to work in a lower paying classification shall be paid at his or her regular rate of pay for all hours so worked. All wages for work performed in a higher classification shall be paid to the employee in the paycheck covering the pay period in which such time is worked, if practicable. Section 4 Merit Increases Nothing in this Agreement shall be interpreted as preventing or restricting the Employer from granting merit increases to individual employees. Section 5 Shift Differentials A premium of five percent (5%) of the employee s base salary per month shall be paid to all employees for all hours worked between 5:00 p.m. and 8:20 a.m. regardless of when the employee s shift starts. Shift differential shall be paid for all hours worked that occur during the evening or night shift. Section 6 Promotion and/or Transfer An employee who is promoted or transferred to a higher classification shall be placed at the new classification grade and will receive at least a five percent (5%) wage increase. Management shall provide a monthly listing of all such promotions and transfers. 9

15 Section 7 Longevity Pay Employees having eight (8) years or more of service shall receive a longevity wage increase of fifteen cents ($.15) per hour. Employees having twelve (12) years or more of service shall receive a longevity wage increase of fifteen cents ($.15) per hour. Employees having twenty (20) years or more of service shall receive a longevity wage increase of fifteen cents ($.15) per hour. See scale below. Following completion of An addition of A total of 8years $0.15 $ years $0.15 $ years $0.15 $

16 ARTICLE V Section 1 HOLIDAYS Holidays Observed The following days shall be observed as paid holidays: New Year s Day Martin Luther King s Day President s Day Good Friday Memorial Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Christmas Day Administrative Holiday Section 2 Holiday Provisions The Employer shall provide all employees with a one (1) month notice regarding the scheduling of work for the three holidays which occur during the Christmas season and a two (2) week notice regarding the scheduling of work for the remaining holidays. All employees shall receive at least one (1) of the following three (3) holidays off unless an individual employee specifically requests that he/she be allowed to work all of them: New Year s Day, Thanksgiving Day, Christmas Day. Holidays falling on Sunday shall be observed on the following Monday and all conditions and benefits applying to the holiday shall be effective on Monday. When a payday falls on any holiday, employees shall be paid on the day immediately preceding the holiday. Employees on a unit and shift basis may request assignment or nonassignment to work a holiday on the basis of seniority. Should all employees exercise seniority for nonassignment, the Employer shall assign employees by inverse seniority (beginning with the least senior employee) to work the holiday. Section 3 Holiday Premium No deduction shall be made from the pay of any employee for the observance of the holidays listed above, and compensation for work performed on said holidays shall be at the rate of two and one-half (2½) the employee s regular rate of pay. Employees not working on a holiday shall receive a regular day s pay for such holiday. An employee, in order to be eligible for the holiday pay set forth in this Section, must have earnings in the payroll week and must have been compensated for both his/her last scheduled shift prior to and his/her next scheduled shift following such holiday unless an absence from one or both such shifts is authorized by the Employer. Compensation as used in is section shall specifically include, but not be limited to, paid sick leave. 11

17 Section 4 Employee s Day Off If an employee s day off falls on a holiday, he/she shall receive an additional day off within thirty (30) days preceding or thirty (30) days following the holiday with full pay. The employee s request for this day off shall not be unreasonably denied. In the event this section is invoked, the substituted day off and not the holiday shall be counted as days worked in computing overtime under Article III of this Agreement. Section 5 Holidays During Paid Leave Holidays occurring during the following situations shall automatically result in an extra day of paid straight-time off: 1. Vacation 2. Bereavement Leave 3. Paid Sick Leave 4. Military Leave (including two weeks Camp) 5. Other leaves of absence with pay 12

18 ARTICLE VI VACATIONS Section 1 Vacation Eligibility Each employee shall be granted two (2) weeks (10 days) the first year of employment. Each employee shall be granted three (3) weeks (15 days) vacation after two (2) years employment. Each employee shall be granted four (4) weeks (20 days) vacation after eight (8) years employment. Section 2 Holiday During Vacation If a holiday falls during an employee s vacation period, it will be considered as a holiday and not as a vacation day. Section 3 Vacation Pay Vacation pay means base rate plus applicable shift differentials and premiums. Employees shall receive their vacation paycheck by their scheduled lunch break three (3) workdays prior to the last scheduled workday immediately preceding the taking of vacation provided the request has been made in writing at least eight (8) workdays before the check is to be issued. Otherwise payment will be made on the next payday. Section 4 Scheduling Vacations Employees shall submit a vacation preference request by the first day of March of each year. Vacations will then be granted on the basis of seniority and the Employer will notify employees by April 1st as to when their vacation is scheduled. Other vacation requests may be submitted throughout the remainder of the year and will be granted on a first come, first served basis. Employees may use all vacation which they have accrued up to and including the month immediately preceding the taking of vacation. No employee s scheduled vacation shall be changed before commencement of his/her vacation. If an employee suffers a disabling accident or hospitalization while on vacation the employee may convert the vacation time to paid sick leave provided the employee has accrued sick leave. The employee shall retain vacation time for the days spent so disabled. Such vacation time shall be rescheduled by mutual agreement. Section 5 Split Vacations Vacation periods may be split in increments of one week. Increments in amounts less than one week may be approved when the employee has made the request sufficiently in advance. Approval of such increments shall not be unreasonably denied. Section 6 Vacation Granted on Seniority Vacations will, insofar as possible, be granted at times most desired by employees (longer service employee being given preference as to choice). Vacation requests in any department will be considered at any time of the year. 13

19 Section 7 Vacation Carryover Employees shall not be required to take vacations annually. Employees may accumulate and carry over all vacation to which they are entitled from year to year, provided such carried over vacation may not exceed twice their entitlement unless management has unreasonably denied all opportunities to take sick leave. Section 8 Separation Pay An employee shall receive upon separation of employment the full cash value of all earned vacation, provided the employee has worked for at least six (6) months. 14

20 ARTICLE VII SICK LEAVE Section 1 Paid Sick Leave Each employee shall accumulate one (1) day s sick leave for each calendar month of employment. Each employee shall be entitled to twelve (12) day s sick leave with pay for each full year of employment to a maximum accumulation of twenty-four (24) days of accumulated sick leave. Employees who have accrued in excess of ten days of sick leave may, during their anniversary month, request and receive payment for those days in excess of ten sick days up to a maximum of ten days per year. When turning in such days for payment, payment will be made for one half of the days surrendered at the employees then-current base pay. Sick leave shall commence with the first day of any illness. If a holiday occurs during a period of paid sick leave, the employee shall receive holiday pay and such a day shall not be charged to sick leave credits. The accrued sick leave may be used for routine personal medical appointments. Employees may also use accrued sick leave for the care of spouse or dependents who are ill. If an employee is off sick three (3) or more consecutive days, the Employer may require a doctor s certificate attesting to the employee s illness. Section 2 Separation Pay An employee shall receive upon separation of employment the cash value of all accrued and accumulated sick leave up to maximum of ten (10) days. Section 3 Integration of Sick Leave Sick leave will be paid so as not to affect or limit an employee s right to full weekly disability benefits to which the employee may be entitled under basic Unemployment Compensation Disability benefits (UCD). In cases where an employee is eligible to receive disability benefit payments, the employee shall receive the full disability payment plus such portion of the employee s earned sick leave pay which shall aggregate to an amount equal to, but not exceeding, the employee s regular rate of pay. In cases of an industrial injury or illness entitling an employee to Worker s Compensation Insurance (WC) payments, the same method of integration with sick leave shall apply. The portion of the earned sick leave used by the employee in integration with UCD or WC benefits shall then be charged against the employee s earned sick leave. 15

21 ARTICLE VIII LEAVES OF ABSENCE Section 1 Leave of Absence with Pay Leaves of absence with pay shall be granted for conferences and other activities related to WHCC Programs, not to excess ten (10) working days per calendar year, with the approval of the Employer. Section 2 Medical and Union Leave of Absence A. Leaves of absence due to sickness, injury, maternity, or childbirth-related conditions will be granted to employees, provided the employee gives written request for such leave and, in addition, furnishes a doctor s certificate which states the necessity for such leave. Employees may utilize their accumulated sick leave and/or vacation time during such leaves of absences, if they so choose. Upon exhaustion of all sick leave, employees will automatically utilize accumulated vacation leave. Such granted leaves of absence shall not be in excess of ninety (90) days. A leave of absence for industrial injury or illness shall not exceed one (1) year. A leave for industrial injury/illness shall become considered continuous unless the employee works for a minimum of ninety (90) calendar days after returning to work, prior to being released a second time, except in cases of separate, distinct and different injuries or illnesses. B. No employee will be compelled by the Employer to take vacation time during a period of medical or union leave. C. The Employer agrees that in cases of leaves of absence due to serious illness or injury, or for personal reasons, the Union could, on behalf of an employee, request a meeting between the Employer or his/her designee, and a Union representative to discuss an extension of the maximum period of leave such extension to be based on justifiable reasons. Upon release from the attending physician for industrial injury or illness the Employer may request that the employee provide a return-to-work authorization containing the name of the physician, signature, clarification of disability, sufficient to allow the Employer to make appropriate determination of jobs employee can perform, if any, and date of release to return to work. The Employer retains the right to obtain, at its expense, a determination of the condition of an employee on a medical leave of absence by a physician of the Employer s choice. The employee must visit the Employer s physician within three (3) days after the Employer makes it choice of physician. In the event of a dispute, the Union and the Employer shall select a third physician to examine the employee within one week after the Employer s physician gives an opinion disputing the opinion of the employee s physician. The third physician shall provide a final and binding decision as to the ability of the employee to work or return to work. The Union and the Employer will split the cost of the third physician. Section 3 Personal Leave A leave of absence of up to ninety (90) days may be granted to employees for personal reasons, however, in the case of personal leave for the purpose of education, such leave shall be for a 16

22 period of up to one (1) year, and in the case of personal leave for the purpose of union leave such leave shall be for a period of up to one year. Employees must have completed one year s service with the Employer to be eligible for the personal leave if for the purpose of education. Personal leaves of absence shall not be unreasonably denied. All leaves of absence shall be requested in writing on a form provided by the Employer, and all leaves granted shall be in writing and for a specified period of time. Section 4 Bereavement Leave When a death occurs in the immediate family of an employee, he/she shall be entitled to a leave of absence of up to three (3) days with pay for deaths in the area and up to five (5) days with pay for death occurring out of the area. Immediate family is defined as spouse, sister, brother, daughter, son, mother, father, mother-in-law, father-in-law, legal guardian, legal ward, grandmother, grandfather and grandchildren and domestic partners (as defined elsewhere in this agreement for health insurance purposes.) Out of the area benefits may be requested when the home or place of burial of the descendent is over five hundred (500) miles distant from the employee s home. If an employee is on vacation and a death occurs in the immediate family, the employee may convert the vacation time to bereavement leave as set forth above. Reasonable verification of death and relationship may be required. Section 5 Jury Duty An employee who is notified that he/she may be selected for jury duty shall immediately present such notice to his/her department head. The Employer may request that an employee called for jury duty get a postponement therefrom. For a time period up to ten (10) days, a fulltime employee who serves on jury duty shall be excused from work and shall receive, for days on which he/she otherwise would have worked, the difference between the employee s regular straight-time day s pay and the amount of jury pay. The employee must show proof of jury duty and the amount of pay. On any day of jury duty in which an employee is excused from jury duty prior to the noon break of the court, the employee return to work unless otherwise excused by his/her supervisor. If the employee does so report and work, the payment to be made by the Employer for jury duty shall be reduced accordingly. Third shift employees shall not be required to work the shift which ends on the same day on which they report for jury duty and shall be paid for such shift. If the jury duty falls on an employee s regularly scheduled day off, he/she will be assigned another day off in lieu thereof. The employee will be reimbursed the mileage portion provided for in the reimbursement check from the court. Employees shall be paid as time worked under the terms of this Agreement for time spent at appearances in legal proceedings that involve patients/clients during the course of employment. 17

23 This section shall not apply to temporary employees. Section 6 Military Leave Military Leave may be granted whenever an employee is obligated to serve in the military on an annual basis, i.e., National Guard summer camp. The employee shall be allowed two (2) weeks regular pay. The two (2) week regular pay shall not be charged to any other paid leave. The Employer shall accord to each employee who applies for reemployment, after conclusion of his/her mandatory military service, such reemployment rights as he/she shall be entitled to under the then existing statutes. It is understood that that employee must make application for reemployment within the time limits specified under the law. The Employer agrees that employees on extended mandatory military duty will continue to accrue vacation and other benefits in accordance with applicable Federal statutes. Section 7 Personal Time Off Where circumstances warrant, an employee may request and may receive personal time off without pay. Reasonable consideration shall be given to employee request for such time off. In a verifiable emergency, on duty employees may ask for personal time off which shall be granted on momentary notice. It shall not be a condition to the granting of personal time off that the employee secure his/her own replacement. Nor that the employee specify the exact nature of the circumstances leading him/her to need personal time off. Section 8 Education Leave & Assistance Program Policy Paid education leave shall be granted to employees in accordance with the following guidelines and procedures: A. When possible, employees shall be encouraged to pursue degree related courses at local community colleges and state supported colleges and universities. Preference for participation shall be given to employees wishing to enroll in the following types of courses. a. Health Care related b. Degree related c. Job skill related/certificate related Consideration will also be given to non-traditional programs on a case-by-case basis. B. In order to be eligible for paid educational leave, employees must be employed on a fulltime basis and have completed one (1) year of employment with the Employer. C. An employee requesting such leave must have the approval of their Department Head and submit the completed leave request and Plan of Studies forms through the Human Resources Office prior to the beginning of such leave. Reasonable consideration will be given to all requests. D. Employees are encouraged to take courses after their regular work hours. In any event, the maximum amount of paid education leave (time off from the job with no loss in pay) for each employee in any one calendar year shall be 104 hours, at the rate of no more 18

24 than four (4) hours per week. Requests for travel time must be cleared through Staff Development. No allowance will be made for study time. Section 8a. Educational Reimbursement A. The Employer shall pay: a. 100% tuition and 50% of books for attendance at Community College System, Cal- State University System, and Charles Drew University (all programs). b. 100% tuition up to 8 units per semester equivalent (traditional programs*) for Bachelors Degree Objective and 100% tuition up to 4 units per semester equivalent (non-traditional programs*). c. 75% up to 8 units per semester equivalent (traditional programs*) for Masters and Doctorate Degree Objectives and 75% tuition up to 4 units per semester equivalent (non-traditional programs*). All programs not to exceed an annual maximum of $3, NOTE: (*) To be determined by the Human Resource Department and will not be unreasonably denied. B. Employees may begin the course before, however, course completion must be after the anniversary date. C. In order to be reimbursed by the Employer for its portion of the tuition, the employee shall submit proof of enrollment to the Office of Staff Development with the appropriate original receipt. Employees who are not current with forms and receipts will not be allowed to receive further reimbursement. This reconciliation process must be completed within sixty (60) days of payment. D. If an employee is terminated from the course due to reasons beyond his/her control, she/he will not have to reimburse the Employer for the cost of tuition. If, however, the termination is for reasons within an employee s control, she/he must reimburse the Employer for the tuition expense. If the employee terminates employment with the Employer prior to one (1) year after course completion, the employee will be required to reimburse the Employer. Employees who are laid off will not be required to reimburse the Employer. E. Grade reports for all courses attempted under this section must be submitted to the Office of Staff Development no later than 60 days after course completion. Participating employees shall receive and maintain at least an average grade of C (2.0). Section 9 Worker s Compensation A leave of absence for industrial injury or illness shall not exceed one (1) year. A leave for industrial injury/illness shall be considered continuous if the employee works for less than ninety (90) calendar days after returning to work, prior to being released a second time, except in cases of separate, distinct and different injuries or illnesses. The Employer will place employees released to return to work from an industrial injury without medical restrictions, to their former position at their regular rate of pay as soon as reasonable, not to exceed seven (7) days. The Employer will place employees released to return to work from an industrial injury on a temporarily restricted basis, in their former job, provided the employee can perform 19

25 substantially all the job tasks per the medical restrictions, or in an appropriate job opening on a preferential basis at the regular rate of pay. The Employer will place employees released to return to work from an industrial injury on a permanently restricted basis, in their former job, provided the employee is physically capable of performing substantially all the job tasks per the medical restrictions and limitations. If the employee is unable to perform his/her former job, that employee has the opportunity for sixty (60) days to bid on any job vacancy that he/she is physically capable of and qualified to perform per their medical restrictions and limitations. If the employee has not successfully bid on a vacant job within 60 days (that does not violate his/her medical restrictions), he/she shall be terminated. Where there is no appropriate job the Employer will provide all reasonable and necessary vocational rehabilitation training program benefits as approved by the Division of Industrial Accidents/Workers Compensation Appeals Board pursuant to the administration of the California Labor Code. Section 10 Benefits While on Industrial Leave Employees on industrial injury leave are eligible for employee benefits of accrued vacation and sick leave for the remainder of their current anniversary year, and eligible for health plan coverage and dental benefits for the time they are on leave. Section 11 Family and Medical Leave Act The parties agree to comply with the State and Federal Family Medical Leave Acts, provided that any current benefit exceeding the minimum required by the acts shall not be diminished. Where necessary the parties shall meet and confer to implement specific provisions of the act. If a dispute arises regarding the interpretation and implementation of the State or Federal Family Medical Leave Acts and existing Leave benefits the criteria for resolving such dispute shall be that any leave benefit in the contract shall not be reduced. However, under no circumstances shall any employee be entitled to more than one hundred and eighty (180) days of Medical Leave in any calendar year. 20

26 ARTICLE IX HEALTH AND WELFARE Section 1 Employee and Dependent Health and Welfare and Dental Coverage The Employer shall provide and maintain access for all eligible employees and their dependents (spouse, unmarried children up to age eighteen (18), and unmarried children up to the maximum age permitted under any approved health care plan who are full-time students in a recognized college or university or who are mentally or physically handicapped and residing within the employee s home,) to a prepaid health plan, including prescription drug, vision, dental and medical benefits and the hospital package. Said plan shall have co-payments of $10 for each office visit and for each prescription filled or refilled. Employee shall have the right to periodically select between (1) the plans offered by WHCC on February 1, 2003 (built around United Health Plan medical coverage,) under the same conditions that they are then offered, and (2) the plans provided through the Union under Western Alliance Trust Plan. Coverage for employee (only) shall be paid for in full by employer. Employee shall, by payroll deduction, pay $10 per month for an insurance plan which covers the employee + one other dependent, and shall pay $20 per month for an insurance plan which covers the employee + family. Section 2 Coverage During Leave of Absence Employees who are covered under the Health Benefit Plans shall retain such coverage with Employer paying its share of the premium, during leaves of absence for family and medical leave, and pregnancy disability leave up to a maximum of 120 days and for industrial injuries/illness up to a maximum of one (1) year. Employees shall be responsible for paying the premium for leaves of absence in excess of one year or one-hundred and twenty days, (whichever, is appropriate to the leave.) Coverage will be reinstated upon the employee s return to work, effective the first (1st) day of the month following return to work. Section 3 Pension Plan The Employer shall maintain the existing Pension Plan for all eligible employees. The Employer upon reasonable notice by an employee shall provide a current accounting of said Pension Plan and a booklet detailing the plan covering employees. Section 4 Life Insurance The Employer shall maintain a life insurance plan for all eligible employees. Section 5 Generic Drugs Employees shall be allowed to request and receive non-generic drugs for any prescribed generic drug, so long as the employee pays any additional cost for such requested drug. Employees shall be charged the employer s cost for such requested non-generic drug. 21

27 Section 6 Health Insurance Renegotiations In the event that Federal Health Care Reform legislation is enacted during the life of this contract, the Watts HealthCare Corporation or SEIU-UHW-West shall have the right to reopen Article IX, Section 1 for negotiations with the union, at least 45 days prior to the effective date of such legislation. In the event of an impasse, the provisions of Article XVIII, Strikes & Lockouts, will be waived until such time as the dispute is resolved. Section 7 Health and Welfare Benefits for Domestic Partners Certain health and welfare benefits are provided to and on behalf of eligible domestic partners. To be eligible, employees must register the domestic partnership. Registration is through completion of the Company s Statement of Domestic Partnership form. Information about registration can be obtained by contacting Human Resources. In the event a domestic partnership is terminated, completion of the Company s Statement of Termination of Domestic Partnership form is required. Domestic Partners (upon the submission to Personnel of the completed Company registration form) are eligible for medical, dental, and life insurance benefits. In addition, the definition of immediate family for Family and Medical, Sick and Bereavement leaves and the Employee Assistance Program now includes domestic partners and their equivalent relatives. 22

28 ARTICLE X Section 1 PART-TIME, TEMPORARY AND CASUAL/ON-CALL EMPLOYEES Part-Time Employees A regular part-time employee is one who works less than the regularly scheduled workweek. Regular part-time employees shall received prorated vacation, holiday, and sick leave benefits, and any other benefits extended to full-time employees including health and welfare coverage, except that employees working less than thirty-two (32) hours per week shall be excluded from the pension benefits and those employees working less than twenty (20) hours per week will be excluded from the health, dental and life insurance benefits. Section 2 Temporary Employees A temporary employee is one who is hired as a replacement or for work designated at the time of hire for a limited period of time not to exceed three (3) months. If an employee is retained longer than three (3) months, he/she automatically becomes a regular employee with service credit accrued retroactive to the date of hire, such accrued service credit to determine eligibility for all benefits subject to retroactivity. Temporary employees are routinely designated as those hired for a limited period of time not to exceed three (3) months. However, in those instances where a temporary employee is hired to replace a permanent employee who is on medical leave which goes beyond three (3) months, the Employer may request and shall receive approval from the Union to retain the employee on temporary status until the end of the medical leave. Temporary employees are not eligible for holiday premiums. Section 3 On-Call/Casual Employees An On-Call/Casual employee is one who works as a replacement on an intermittent basis. If on-call/casual employees are offered and accept a permanent position, benefits shall be accrued from date of reclassification to a regular full-time or regular part-time status. In a situation where the on-call/casual employee works beyond the description of intermittent employment for a period in excess of that now applicable to a temporary employee, he/she shall be granted permanent status. On-call/casual employees shall receive twenty cents ($.20) per hour in addition to base pay in lieu of pension, health plan, sick leave, dental benefits, and life insurance. 23

29 ARTICLE XI GRIEVANCE AND ARBITRATION PROCEDURE Section 1 Purpose and Procedures The purpose of this Article is to provide an orderly method for the settlement of a dispute between the parties over the interpretation, application or claimed violation of any of the provisions of this Agreement or any Employer personnel policy. Such dispute shall be defined as a Grievance and will be processed in accordance with the following steps, time limits and conditions herein set forth. Throughout each step of the grievance process described in this Article, only one Union Steward may participate at a time, with the only exceptions being (1) that a grievant who is a Steward may participate in his/her own grievance and (2) that a new Steward may be permitted to observe the grievance process, upon giving 3 days notice to the Employer. Step 1. Except for grievances alleging wage discrepancies or monetary benefits, which must be filed within sixty (60) calendar days, each complaint or grievance arising shall be presented in writing signed by the grievant, within ten (10) workdays after the employee had knowledge of the event or should have had knowledge of the event causing the grievance to the employee s immediate supervisor. The written grievance shall state the specific contract sections which are alleged to have been violated, the date or dates or approximate dates of the alleged violations, the facts on which the grievance is based, the remedy sought and the names of the individuals aggrieved, where known. The immediate supervisor shall, within five (5) workdays after receipt thereof, give his/her answer in writing to the Union Steward and employee. Step 2. In order for a grievance to be considered further, within five (5) workdays after the immediate supervisor s answer, the employee shall present the written grievance to the Union Steward and the Union Steward shall present the written grievance to the Department Head (or Division Chief, if applicable) involved. Within three (3) workdays after such presentation, said grievance shall be discussed at a meeting to be held between the Union Steward, the Grievant and the Department Head. The Department Head (or Division Chief, if applicable) shall give his/her written answer to the Union Steward and the employee within five (5) workdays after such meeting. Union Stewards shall initiate group grievances affecting more than one employee in their designated area of responsibility at this Step. Such grievances must be presented in writing and conform to the minimum written requirements for Step 1 grievances. Workload grievances shall be initiated at this Step. Such grievances must be presented in writing to conform to the minimum written requirements for Step 1 grievances. Group grievances and workload grievances must be presented within sixty (60) calendar days in cases alleging wage discrepancies or monetary benefits. In all other cases, group grievances and work load grievances shall be presented within ten (10) work days after the employee(s) had knowledge or should have had knowledge of the events giving rise to the grievance. Step 3. In order for a grievance to be considered further, within five (5) workdays after the department head s answer, the Union, through its Union Representative, shall present the 24

30 grievance to the Vice-President for Human Resources, or his/her designee. Within five (5) workdays after such presentation, such grievance shall be discussed at a meeting to be held between the Union Representative and the Vice President Human Resources or his/her designee. The employee or employees involved shall be entitled to attend said meeting. The Union Steward, the Department Head (or Division Chief, if applicable) and the immediate supervisor shall attend if either party wishes. The Vice President Human Resources Development, or his/her designee shall give his/her answer within five (5) workdays after such meeting. The Step 3 grievance must be presented by the Union Representative and conform to the minimum written requirements for Step 1 grievances. All discharge and suspension grievances shall be referred immediately to this step within ten (10) workdays from the date of the discharge or suspension. Step 4. In order for a grievance to be considered further, the Union, within five (5) workdays after the answer of the Vice President Human Resources, may appeal, in writing, requesting that the matter be referred to the Personnel Committee of the Board of Directors. Within fifteen (15) workdays after receipt of such written appeal, the Personnel Committee of the Board shall meet in an attempt to resolve the dispute. The Union Representative and the Vice President Human Resources shall attend said meeting and present their respective positions. The Personnel Committee shall respond in writing to the Union Representative within five (5) workdays following such meeting. Step 5. Regular Arbitration. In case of failure of the parties to reach a decision in Step 4, either party may within seven (7) workdays of receiving the Employer s Step 4 response or within seven (7) workdays after the Employer s five (5) day response time for Step 4 has passed, appeal the matter to arbitration. Within seven (7) workdays thereafter the appealing party shall request from the Federal Mediation and Conciliation Service a list of seven (7) qualified arbitrators. Within five (5) working days after receipt of such list, the parties shall meet and each alternately strike three (3) persons from such list; the last remaining person shall serve as the single neutral arbitrator, the party to strike first being selected by lot. The decision or award, when made, may in the discretion of the arbitrator, be made retroactive to the date when the complaint was first submitted for adjustment and shall be final and binding upon all concerned. The losing party shall pay the full cost of the arbitrator. There shall be no interruption of work by Employer or employee pending such final adjustment. The Arbitrator shall be prohibited from adding to, modifying or subtracting from the terms of this Agreement or any supplemental written agreement of the parties. Expedited Arbitration In all cases involving employee discharge, either party may elect to proceed to expedited arbitration as set forth herein. The employer further may elect to proceed to expedited arbitration in all cases where its potential exposure, as determined by the nature of the grievance, exceeds Five Thousand Dollars ($5,000). In all other cases, a grievance may proceed to expedited arbitration only by mutual consent of the parties. The expedited arbitration shall be heard within fourteen (14) days after the other party has received a written demand therefor. Such demand shall be presented within seven (7) work days of issuance of the Step 4 written response of the Personnel Committee, or within seven (7) 25

31 work days after the Personnel Committee s five (5) day response time has passed. Unless excused by reason of events beyond the party s control, or unless extended by mutual agreement of the parties, the failure to proceed to hearing within the required time limit shall result in a waiver of the grievance. The parties shall meet promptly upon the execution of the Agreement to establish a panel of arbitrators who will be assigned to hear expedited arbitrations. The panel shall consist of five (5) arbitrators with recognized experience as professional labor arbitrators. During the term of the Agreement, the parties may mutually add the names of additional persons to the panel of arbitrators either to supplement the panel or to replace persons no longer available to hear expedited arbitrations. The arbitrators on the expedited arbitration panel shall be assigned depending upon their availability, in rotation, to the cases as they arise. The parties may by mutual consent select an arbitrator out of rotation or an arbitrator not on the panel. The parties will not file post-hearing briefs and a stenographic record will not be made; however, the parties may prior to or during the hearing present a written statement of the facts. The arbitrator shall have sole authority to rule on all motions and decide the case. The arbitrator shall give his direction orally at the hearing or at the request of either party in writing within three (3) days from the conclusion of the hearing which shall be final and binding upon the parties and any employees concerned. However, the arbitrator shall be prohibited from adding to, modifying or subtracting from the terms of this Agreement or any supplemental written agreement of the parties. Further, the decision of the arbitrator shall be nonprecedent-setting, noncitable and shall not be offered or admitted into evidence in any other proceeding other than a judicial action seeking to confirm, correct or vacate the award. Section 2 Time Limits By mutual agreement between the Union and the Employer the time limits of any step of the grievance procedure may be extended in writing. In the event either party fails to respond to the grievance within the time limits specified, the grievance shall automatically advance to the next step of the grievance and arbitration procedure up to and including arbitration. When a grievance may be lost due to the Union Stewards inability to meet the specified time limits under Step 2 of the grievance procedure because he/she is unable to receive sufficient time to process the grievance, this shall be considered appropriate grounds to extend time limits. Similarly, when the Employer may lose due to the Employer representative s inability to meet the time limits under Step 2 because of unexpected or unusual circumstances, this shall be considered appropriate grounds to extend the time limits. In all cases, grievances shall be processed in conformance with the Steps outlined hereinabove, and unless excused by events beyond the party s control, the failure to present a grievance or to otherwise take any act as required within the applicable time limits for any of the grievance Steps shall result in a waiver of the grievance and of the other party s obligation to meet concerning the same or to arbitrate the dispute. 26

32 Section 3 Disclosure In the event the Employer discharges an employee, the Employer will, at the request of the Union, furnish the Union copies of any written statements used by the Employer as a basis for its action. The Employer will give the Union notice of discharge or suspension within three business days via fax or . Section 4 Disciplinary Notices The Employer agrees to provide the Union with copies of all Notices of Unsatisfactory Job Performance within three business day of their issuance to employees. The Employer agrees to remove from each employee s personnel file Unsatisfactory Job Performance slips for incidents of unsatisfactory performance for which there has been no recurrence for one (1) year, except that in the case of incidents involving time off without pay, the Unsatisfactory Job Performance slip shall remain in the employee s file for eighteen (18) months. Notices so removed shall be returned to the employee and shall be invalid in the future. To satisfy government record keeping requirements, copies of such notices shall be maintained in a separate file in the office of the Vice-President Human Resources Department to which supervisors shall not have access. Employer agrees to provide language on the Notice of Unsatisfactory Job Performance form to the effect that the employee is not required to sign such a notice and that he/she may pursue the matter through the dispute procedure if he/she disagrees with the action taken. 27

33 ARTICLE XII DISCIPLINE AND DISCHARGE The Employer shall have the right to discharge or otherwise discipline employees for just cause only; provided, however, that any discharge or discipline shall be subject to the grievance and arbitration procedure of this Agreement. In the event of a complaint initiated by a patient or provider (provider is defined to mean a nonbargaining-unit professional employee or consultant) which the Employer believes may have merit, the Employer shall discuss the complaint with the employee involved within not more than five (5) workdays after receipt of the complaint, and if the Employer decides to take disciplinary action as a result of such complaint, it shall notify the employee of such action within not more than five (5) calendar days following said discussion. The employee may elect to have a Union Steward present during such discussion and during any meeting called for the purpose of imposing disciplinary action. Any disciplinary action taken as a result of such a complaint shall be fully grievable under the Grievance and Arbitration provisions of this Agreement. 28

34 ARTICLE XIII UNION REPRESENTATION Section 1 Access of Union Representative Duly authorized Representatives of the Union shall be permitted at all reasonable times to enter the facilities operated by the Employer for the purpose of transacting Union business and observing conditions under which employees are employed; provided, however, that they first notify the head of the facility of their presence and that no interference with the patients or with the work of the employee shall result, and such right of entry shall, at all times, be subject to HIPPA and patient confidentiality rules. Section 2 Union Stewards The Employer recognizes the right of the Union to select a reasonable number of Union Stewards. The Employer agrees that there will be no discrimination against the authorized Union Steward because of Union activity. Union Stewards shall not be recognized by the Employer until the Union has notified the Employer in writing of the selection of such stewards who shall be responsible for conducting union business. The stewards shall make a reasonable effort to not allow their activity as Stewards to interfere with the performance of their duties. However, Stewards shall notify and receive approval from their immediate supervisor before leaving their work station to conduct union business. Such approval shall not be unreasonably withheld. Employee shall not lose pay because of attendance at grievance meetings. The Employer agrees to provide release unpaid time for one (1) two(2) hour per month meeting between the shop stewards and the union representative, provided that it is schedule at least three(3) week in advance. Meetings will be held at either SEIU headquarters or WHCC depending on availability of space. At all orientation meetings held for new bargaining unit employees, a steward will be present and will be allowed a reasonable amount of work time not to exceed one-half hour to make a presentation to the new employees. Section 3 Union Activities No employee or applicant for employment covered by this Agreement shall be discriminated against because of membership in the Union or activities on behalf of the Union, and the Union agrees that employees covered hereby shall be admitted to membership without discrimination. Section 4 Bulletin Boards The Employer shall provide space in an accessible location at each facility covered by this Agreement for a bulletin board to be furnished by the Union for the posting of notices approved by the Union Business Representative. No posting shall be made unless the Union has first provided the Vice President, Human Resources with a copy of the material to be posted. It shall be the Union s responsibility to maintain the decor of the bulletin boards. Section 5 Break Rooms Break room shall be available to all employees. 29

35 ARTICLE XIV SENIORITY Section 1 Probationary Period Employees covered by this Agreement may be discharged without cause and without recourse to the Grievance Procedure within the first ninety (90) days of employment. After completion of the probationary period, the Employer may discharge or otherwise discipline employees for just cause only. Section 2 Bargaining Unit Seniority Defined Bargaining Unit Seniority shall mean the length of continuous service, less unpaid absences over thirty (30) days, during the employee s most recent employment with the Employer or, in the case of individuals who became employees of the company as a result of their transfer to WHCC from the Watts Health Foundation, the length of continuous service, less unpaid absences over thirty days, effective their most recent hiring by the Watts Health Foundation. Temporary employees shall not accrue seniority unless they are hired in a permanent status in which case they shall accrue seniority retroactive to the date of their having been hired as a temporary employee. If an employee terminates or leaves a job classification covered by this agreement and returns within six months, the two terms of employment shall be bridged. The time away from the bargaining unit will be deducted from the total and a new bargaining unit seniority date established. After six months a new start date will be established for bargaining unit seniority effective with the new date of hire. Section 3 Force Reduction A. In any reduction of force, employer shall provide the union with 30 days notice or shall notify union within three working days of receipt of notification from a third party funding source that the support for one or more positions will be terminated in a period of less than 30 days. B. The parties recognize that reductions in force are extremely serious matters and that even well intended procedures may result in unintended applications. Therefore the parties agree to communicate and meet during any application of the procedures to ensure its correct application to employees. C. In any reduction in force and rehiring, the principle of overall seniority shall govern, provided that skill, ability, and performance are relatively equal. D. An employee may be placed in any open or vacant position provided he/she is capable of meeting current requirements. E. An employee can bump into their current classification or any previously held classification, either at their own grade or at a lower grade. F. All persons bumping must meet the current classification requirements and passes the probationary period provided that entry into a probationary period for a new position shall in no way result in the denial of the benefits of the grievance process. G. If an employee cannot exercise their bumping rights and is laid off, the employee shall have recall rights for one year with no loss of seniority. They shall be entitled to the 30

36 severance pay in Article XVI. No new employees shall be hired until qualified laid off employees have been offered employment. Section 4 Promotion and Shift Change In case of promotion, filling of vacancies, or shift change, the principle of overall seniority shall govern, providing that skill, ability, and performance, inclusive of evaluations and previous discipline, are reasonably equal. Seniority shall be applied on a WHCC-wide basis. Section 5 Job Posting Prior to filling any and all job vacancies within the bargaining unit they shall first be posted by the Employer on the bulletin board at all facilities. All job postings shall include the job location, classification, scheduled hours, number of hours per week, days off, work assignments, work station, pay grade, and qualifications for the job and shall be posted a minimum of ten (10) days prior to the job being filled. The Employer shall accept applications and resumes from individuals meeting the minimum requirements for the job to be filled during this ten (10) day posting period. Current qualified employees shall be given priority consideration for openings. When an existing employee has not given the Employer proper notice (that is, two (2) weeks notice prior to quitting), the Employer may fill said vacancy on a temporary basis while this posting procedure is engaged. Employees having submitted applications for posted positions and who do not receive the position shall be notified in writing as to the reasons they did not receive the position within one (1) week after the position has been permanently filed. The principle of overall seniority shall govern in the filling of vacancies providing that skill and ability are reasonably equal. All job posting shall be sent to the union for informational purposes only. 31

37 ARTICLE XV NONDISCRIMINATION The Employer and the Union agree that no employee or applicant for employment shall be discriminated against with the implementation of this Agreement or any other terms or conditions of employment in regard to race, color, creed, religion, age, sex, sexual orientation, national origin, physical handicap, marital status, union membership or medical condition (as defined by state law). 32

38 ARTICLE XVI SEVERANCE PAY Any employee whose employment is terminated by the Employer after one (1) year s service, except employees discharged for gross misconduct or gross neglect of duty, shall be given two (2) weeks pay. 33

39 ARTICLE XVII RIGHTS OF MANAGEMENT The Employer retains the right to manage and direct its work force, including, but not limited to, the right to establish new jobs, increase or decrease the number of jobs, change equipment or methods, subcontract work or operations, schedule and assign work to be performed, hire, transfer, reclassify, discipline, suspend or discharge for just cause, and the right to relieve employees from duty because of lack of work or for other legitimate reasons provided that this right will not be used for the purpose of discrimination against any employee and provided further that said powers and rights shall not be used in violation of any employee s rights as set forth in this Agreement. All other functions of management unless expressly limited by this Agreement are reserved by and are vested exclusively in the Employer. Any dispute arising over the application of this Article shall be handled in accordance with the provisions of this Agreement relating to grievance disputes. The Employer shall have the right to establish, maintain and enforce reasonable rules and regulations to assure orderly operations, it being understood that such rules and regulations shall not be inconsistent or in conflict with any provision of this Agreement. All Community Health Programs, which are created and funded by grants/contracts between the Employer and various federal, state, local and other government agencies, must be entirely self-sufficient. That is, the cost, including wages of employees working under such grants/contracts, cannot be subsidized or supplemented by the Employer. The wages for all employees working under such grants/contracts shall not exceed the budgetary allowance(s) for each employment classification contained within the grant/contract. 34

40 ARTICLE XVIII STRIKES AND LOCKOUTS Section 1 Strikes The Union, its agents and the employees it represents agree that there shall be no strike, work stoppage or any other interference with operations, or any picketing, or any refusal to enter upon the Employer s premises during the term of this Agreement. Section 2 Relief Any employee who participates in any such prohibited activities shall be subject to discharge or such lesser discipline as the Employer shall determine; provided, however, that the employee shall have recourse to the Grievance and Arbitration procedure of this Agreement as to the sole question of whether he/she in fact participated in such prohibited activity. Section 3 Lockouts The Employer agrees that there shall be no lockout of its employees during the term of this Agreement. The closing down or curtailing of any operations for reasons beyond the Employer s control shall not be construed as a lockout. 35

41 ARTICLE XIX COMMUNITY DISASTERS Because of the nature of a medical care organization, it is recognized that a major community disaster could require the services of the Watts Healthcare Corporation and its facilities far beyond those normally provided. In the event of such a disaster, and in recognition of the Watts Healthcare Corporation s obligation to the community, Article II, Hours of Work and Article III, Overtime and Premium Pay will be inapplicable during the period of such unusual demands caused by this disaster. 36

42 ARTICLE XX SAVINGS CLAUSE This Agreement shall be subject to all present and future applicable federal and state laws, executive orders of the President of the United States or the Governor of the State of California, and rules and regulations of governmental authority. Should any provision or provisions become unlawful by virtue of the above or by declaration of any court of competent jurisdiction, such action shall not invalidate the entire Agreement. Any provisions of this Agreement not declared invalid shall remain in full force and effect for the life of the Agreement. If any portion is held invalid, the Employer and the Union shall enter into immediate collective bargaining negotiations for the purpose, and solely for the purpose, of arriving at a mutually satisfactory replacement for such provision. 37

43 ARTICLE XXI SUCCESSORS AND ASSIGNS The parties agree that in the event that the ownership or management of facilities, programs or services covered by the Collective Bargaining Agreement are changed by sale, merger, transferred or in any other manner modified, the Collective Bargaining Agreement shall be included as a condition of such change or transfer and shall run to its conclusion as the contract of the successor employer. Additionally, the Employer agrees to bind the successor employer to hire all bargaining unit employees in their current positions at the time of transfer, carry over and honor all accrued seniority for all purpose and carry over all paid time off accounts. This Agreement shall be fully binding upon the Employer regardless of a change or transfer in entity, organization, name, association or joint venture. 38

44 ARTICLE XXII COPE CHECK-OFF The Employer hereby agrees to honor contribution deduction authorizations from its employees who are Union members in the following form: I hereby authorize the Employer to deduct from my pay the sum of $1.50 $3.00 $4.50 $7.50 (Other: Specify $ ) per month and to forward that amount to the SEIU Local 721 Committee on Political Education. This authorization is voluntarily made on the specific understanding that the signing of this authorization and the making of payments to the SEIU Local 721 Committee on Political Education are not conditions of membership in the Union or of employment with the Employer and that the SEIU Local 721 Committee on Political Education will use the money it receives to make political contributions and expenditures in connection with Federal, State and/or Local elections or ballot measures. 39

45 ARTICLE XXIII MISCELLANEOUS Section 1 Substance Abuse Testing The Union and the Employer mutually recognize the importance of a safe, productive and drug-free environment at the Employer s facilities and subscribe to the following work rule: The unauthorized possession, use and sale or transfer of alcohol and narcotics or other drugs on the Employer s property at any time are strictly prohibited. Arriving to work or working under the influence of alcohol or illegal drugs is strictly prohibited. In order to enforce this policy, employees may be tested for substance abuse when reasonable suspicion exists of such abuse. The Union may grieve any aspect of the actual administration of this policy which it believes to be inappropriate. The Employer will communicate in writing, in advance to employees the specific criteria and procedures to be used in testing for substance abuse. A confirmed positive testing result will be deemed conclusive for purposes of this policy. Section 2 Employee Parking Employer shall provide free parking at all sites. Section 3 Safety The Employer shall, at all times, provide safe materials, equipment and working conditions for all employees, and agrees to comply with the federal and California occupational and safety health acts. The Employer and employees shall work to avoid or minimize hazards. Section 4 Maintenance It shall be the responsibility of the Employer to maintain the heating and cooling systems in proper working order as defined by OSHA regulations. Section 5 Incentives The Employer, on occasion, may conduct contests, incentive programs, and other activities designated to increase the organization s productivity or improve patient services that shall result in prizes or other monetary remuneration being provided to bargaining unit members. It is understood that such programs and activities will not include any negative sanctions or require mandatory participation on the part of bargaining unit employees and shall not be in conflict with any of the provisions of this Agreement. The Employer shall notify the Union in writing of the specific requirements of any such programs. Section 6 Job Descriptions The Employer shall notify the Union Representative prior to posting any new job descriptions. When new job descriptions are created, the Employer will describe and classify any such job or position. All such jobs or positions shall be assigned to the proper job classification or position 40

46 grade at an equitable pay rate. Any disputes shall be resolved through the grievance and arbitration procedures. Annually all existing job classifications will be reviewed by the Employer. The Union Representative shall be notified of the results of the Employer review prior to implementation. All disputes on job or position content or wage equity for incumbent employees in existing jobs which have been modified shall be resolved through the grievance and arbitration procedure. Employees reclassified upward as a result of classification review shall have full recognition of total length of service in their current classification in establishing the new wage rate. In the event of a downgrade, incumbent employee wages will be maintained (red circled), except for downgrades as a result of reduction in force. In the event of a downgrade of a current position, due to reduction in force, the incumbent employee shall be given the benefit of step placement in the newly downgraded position as to a minimize any loss in pay. Employees shall be provided with a copy of the job description for their classification at the time of hire and upon request thereafter. Section 7 Departmental Policies Employer generated departmental policies shall be reasonable, and wherever possible shall not be changed without five (5) working days notice to the Union and the affected employees. Section 8 Courtesy Clause The Employer and the employee agree to treat each other, regardless of position, with dignity, respect and trust. The Employer recognizes the contribution that each employee makes in his/her daily work. The Employer and the employee agree not to create a work environment that is hostile or intimidating for either party. Section 9 Dress Code The Watts HealthCare Corporation professional atmosphere is maintained, in part, by the image that you present to customers and vendors. Employees should, therefore, utilize good judgment in determining their dress and appearance. A professional appearance is essential to your job. You are a representative of WHCC so you must present a clean professional image to customers, co-workers, and management. Employees should practice good grooming and personal hygiene. Attire should be professional, appropriate and consistent with the responsibilities, safety concerns, and the level of customer or vendor interaction. Should any questions arise as to what constitutes proper attire within a given department, consult your supervisor or the Human Resources Department. Supervisors shall get approval from Human Resources before taking any corrective action. 41

47 ARTICLE XXIV JOINT UNION MANAGEMENT COMMITTEE The parties agree that a joint union and management committee comprised of no more than 4 union representatives and no more than 4 employer representatives will be convened every three months or more often, if mutually agreed by both parties. The committee may discuss union and/or management concerns regarding a variety of topics including work load, health and safety, education and training. The purpose of this joint union and management committee is to provide a forum for discussion of issues of mutual interest and importance. The parties will make every effort to resolve the issues. The committee shall have no authority to change the provisions in the contract. The bargaining unit members of the committee shall not lose any benefits, including wages, or seniority while attending committee meetings. 42

48 ARTICLE XXV DURATION OF AGREEMENT This Agreement shall become effective as of the 1st day of July, 2010 and shall remain in full force and effect through and including June 30, 2014, and from year to year thereafter, unless either party has served notice in writing upon the other party at least ninety (90) days prior to the anniversary date or serves such ninety (90) days notice at any time thereafter of a desire to cancel, amend, or modify this Agreement. On or before the second anniversary date of this contract, but no later than 30 days after the second anniversary date of the contract, either party may request that negotiations be reopened. In the event such a request is made, the parties to this contract will meet to negotiate wages and insurance contributions other than those stipulated in this contract which shall be effective on the first day of the third year of this contract. The topics of negotiation shall be limited to wages and medical/dental/vision insurance unless mutually agreed upon. If and only if this opportunity is not invoked, a similar opportunity to reopen negotiations will be given one year later under the same conditions. Under no circumstances will an agreement under these provisions be retroactive to a date prior to the anniversary date in question. in any agreement which includes both salary adjustments and adjustments to employee contributions, both shall be effective on the same date. 43

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50 The Watts Healthcare Corporation Memorandum of Understanding Service and Maintenance Employees Technical Employees Drivers Business Office Clerical Employees July 1, 2010 through June 30, 2014 SEIU Local S. Virgil Avenue Los Angeles, CA (213) dso opeiu 537, afl-cio 4/11