AGREEMENT
BETWEEN
BISHOP MCCARTHY RESIDENCE
AND
JNESO - DISTRICT COUNCIL 1, IUOE/AFL-CIO
JANUARY 1, 2016 THRU DECEMBER 31, 2020
Article Title Page
Article 1 Agreement 1
Article 2 Recognition 1
Article 3 Union Membership 2
Article 4 Dues Deduction Check off 2
Article 5 Union Visitation, Union
Activity, Shop Stewards and
Bulletin Boards
4
Article 6 Management Rights 6
Article 7 Probationary Period 6
Article 8 No Strike – No Lockout 7
Article 9 Discharge and Discipline 8
Article 10 Grievance and Arbitration 9
Article 11 Employee Status 11
Article 12 Hours of Work 12
Article 13 Job Postings 13
Article 14 Seniority 14
Article 15 Lay-Off 15
Article 16 PTO 16
Article 17 Holidays 17
Article 18 Bereavement 18
Article 19 Jury Duty 19
Article 20 Scheduling and Available time 19
Article 21 Uniform Allowance 21
Article 22 Wages 22
Article 23 Weekend Work 24
Article 24 Health Benefits 24
Article 25 401K 25
Article 26 Tuition Reimbursement 25
Article 27 Death Benefit 26
Article 28 Non Discrimination 26
Article 29 Personnel Files 26
Article 30 Malpractice Insurance 27
Article 31 Leave of Absence 27
Article 32 Out of Title Work 28
Article 33 Non- Nursing Functions 29
Article 34 Miscellaneous 29
Article 35 Term of Agreement 31
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ARTICLE 1 – Agreement
This agreement, made and entered into the 19st day of February,
2016 by and between Bishop McCarthy Center for Rehabilitation
& Healthcare located at 1045 East Chestnut Avenue, Vineland,
New Jersey 08360 (hereinafter referred to as the Employer) and
JNESO, District Council 1 IUOE at 1225 Livingston Avenue,
North Brunswick, New Jersey, 08902 (hereinafter referred to as the
Union).
ARTICLE 2 – Recognition
The Employer recognizes the Union as the exclusive and sole
collective bargaining representative as determined by NLRB Case
04-RC-083251, for all regular Full-Time, Part-Time, and Per Diem
registered nurses and licensed practical nurses.
Excluded from the aforesaid bargaining unit are all Unit Managers,
Director of Nursing, Assistant Director of Nursing, In Service
Coordinator, guards and supervisors, office and clerical employees,
service and maintenance employees, security officers, managerial
employees, religious sisters and temporary employees.
The word “Employee” when used in this agreement shall apply to
employees in the bargaining unit.
Whenever the word “Local” is used in this agreement, it shall be
deemed to mean the Union at the local level. Whenever the word
“Union” is used it shall be deemed to mean JNESO, District
Council 1, IUOE/AFL-CIO.
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ARTICLE 3 – Union Membership
A. All employees who are members of the Union on the
effective date of this agreement shall remain members of
the Union as a condition of employment. All present
employees who are not members of the Union, and all
employees who are hired hereafter, shall become and
remain members of the Union in good standing as a
condition of employment upon completion of thirty-one
(31) days of employment.
B. For the purpose of this Article, an employee shall be
considered a member of the Union in good standing if
she/he tenders periodic dues uniformly required as a
condition of membership.
C. Subject to Article 10, Grievance and Arbitration, the failure
of any employee to establish and maintain Union
membership in good standing as required herein shall
obligate the Employer to discharge such employee upon
written notice from the Union to such effect. The
employee shall have twenty (20) days from the written
notice sent by the Union to the Employer to tender to the
Union the required dues. If such dues are not tendered
within the aforementioned twenty (20) days, the sanctions
of this paragraph shall take effect.
ARTICLE 4 – Dues Deduction Check off
A. The Employer upon receipt of authorization from the
Employee shall deduct from the wages of said employee
each pay period and remit to the Union office regular
monthly dues as fixed by the Union, by the twentieth (20)
day of the following month.
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B. The Employer will provide a list of all Employees in the
bargaining unit with payroll runs for the month, which will
include gross earnings and the amount of dues deducted for
that time period.
C. A monthly list of newly hired Employees will be provided
to the Union, with a copy to the Local President, by the
twentieth (20) day of each month. Included in the list will
be all terminated employees, employees who have
resigned, bargaining unit employees on a leave of absence
and employees who have transferred out of the bargaining
unit.
D. The Union shall promptly notify the Employer, in writing,
of any revocation of authorization for dues deductions
received by it.
E. It is agreed that the Employer assumes no obligation,
financial or otherwise, arising out of the provisions of this
Article, and the Union shall indemnify, defend, and save
the Employer harmless against any and all claims,
demands, suits, actions or proceedings or other forms of
liability that may arise out of or by reason of action taken
by the Employer in reliance upon this article or payroll
deduction cards.
F. The Employer shall not be obligated to make dues
deductions of any kind from an employee in the bargaining
unit who, during any dues month involved, shall have
failed to receive sufficient wages to equal dues deductions
or for any of the following reasons:
1. Termination of employment;
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2. Transfer to a job other than one that is covered
by the bargaining unit;
3. Layoff from work;
4. An agreed upon leave of absence;
5. Revocation of check off authorization in
accordance with applicable law.
ARTICLE 5 – Union Visitation, Union Activity, Shop
Stewards, and Bulletin Boards
A. A representative of the Union, who is not also an employee
of the Center, shall have reasonable access to the
Employees for the purpose of administering this
Agreement.
B. The Employer will be provided with a list of names of
Union officers and stewards and their alternates. The
Union will advise the Employer of any changes to that list.
C. An individual who is employed by the Center and
designated by the Union will be provided with an
opportunity on the day shift to meet newly hired bargaining
unit Employees, during orientation. They will be permitted
to distribute the Collective Bargaining Agreement to the
new Employees and provided a reasonable amount of time
under the circumstances, not to exceed one-half (1/2) hour,
to explain, review and answer questions about the
Collective Bargaining Agreement. The Union
representative will be paid their straight time rate by the
Employer. The new Employees will be on work time, if
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they are otherwise scheduled to be at work at the time of
such meetings.
D. Employees, who are required under this agreement to
represent the local Union at meetings with management
involving grievances, grievance procedures, discipline
procedures or other meetings for the purpose of
administering the Collective Bargaining Agreement, shall
not suffer any loss in normal pay during the period of time
they are in attendance at such meetings.
E. The Employer shall provide a glass enclosed, lockable
bulletin board (the keys to be given to the Union), which
shall be used for the purpose of posting Union notices.
Copies of materials to be posted shall be provided to the
Employer prior to posting.
F. The Employer will provide the Local with a lockable filing
cabinet for the Local’s use. The keys will be given to the
Local.
G. The Employer will provide a cumulative total of three (3)
paid days off per contract year to be taken by local Union
officer(s) in order to attend Union meetings outside of the
Center.
H. The bargaining team members shall be paid for each day at
their Regular rate of pay.
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ARTICLE 6 – Management Rights
A. Except, as expressly limited by the provisions of this
agreement, the employer retains all of the functions
customarily vested in management.
B. The Employer may establish such rules as it deems
necessary or desirable for the operations of the Center
provided such rules do not conflict with the provisions of
this agreement.
C. There shall be no individual agreements between
employees and the Employer. This agreement contains the
full understanding between the parties, and cannot be
modified except by written agreement between the parties.
The Union and Employer recognize that the primary
obligation of the Center is to ensure the safety, health, and
comfort of its residents/patients. Consequently, the parties
agree to cooperate to attain and maintain full efficiency and
maximum resident/patient care.
D. The Employer may temporally employ employees of
agencies based on need, and such agency employees shall
not be covered by the terms of this Agreement. The agency
employee may not cause a layoff of bargaining unit
members and may only be used when all other staffing
plans have been exhausted.
ARTICLE 7 – Probationary Period
A. Newly hired employees shall be considered probationary
for a period of ninety (90) days from the commencement of
work which shall be equal to no less than thirty-five (35)
work days. The Employer, in writing, may request the
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Union to agree to extend the probationary period for an
additional thirty (30) days. Mutual agreement by the Union
to extend the probationary period will not be unreasonably
withheld.
B. Upon successful completion of the probationary period, an
Employee’s seniority will be retroactive to the Employee’s
last date of hire in a bargaining unit position.
C. During the Employee’s probationary period, the Employer
may discipline/discharge any such employee for any
reason, which need not be stated by the Employer. Such
discipline/discharge shall not be subject to the
grievance/arbitration provisions of this agreement.
D. Probationary employees will be entitled to be covered
under the terms of this agreement except as to
discipline/discharge/grievances and any other provisions
which specifically exclude employees during their
probationary period.
ARTICLE 8 – No Strike-No Lockout
A. The Employer agrees that it will not lockout employees
during the term of this Agreement.
B. Neither the Union nor any employee shall call, sanction or
engage in any strike, slowdown or stoppage of work,
collective refusal to work overtime, picketing,
demonstration, boycott, refusal to cross a picket line,
sympathy strike, or other interference with the operation of
the employer during the period of this Agreement.
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ARTICLE 9 – Discharge and Discipline
A. No employee who has completed the probationary period
shall be disciplined or discharged except for just cause.
The questions of “just cause” shall specifically be subject
to the grievance procedure of the agreement. All
discipline, exclusive of verbal warnings, shall be in writing
on a standard form with a copy to be given to the
employee. Counseling’s shall not be considered discipline.
B. If an employee is directed to attend any meeting which
could result in the employee being disciplined, the
employee shall have the right to have a Union
representative present if the employee so requests. If the
employee does not wish to have a Union representative
present, the employee must sign a written waiver. A copy
of the waiver shall be hand delivered to the Steward within
a twenty-four (24) hour period of the meeting. This time
limit shall be deemed exclusive of Saturdays, Sundays, and
legal holidays.
C. The Employer will notify the Union in writing within two
(2) working days of any discharge or suspension. This time
limit shall be deemed exclusive of Saturdays, Sundays, and
legal holidays. If the Union desires to contest the discharge
or suspension, it shall give written notice thereof to the
Employer within ten (10) working days. The parties agree
that time is of the essence and if a grievance is not filed
within ten (10) days after notice to the Union the grievance
is waived.
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ARTICLE 10 – Grievance and Arbitration
A. A grievance is defined as any dispute between the parties
hereto, or between an employee and the Employer, arising
under the terms and conditions of this agreement of the
interpretation, application, performance, termination or
alleged breach hereof. If any such grievance arises it shall
be settled and determined exclusively by the following
grievance and arbitration procedure, except as provided in
Article 8 – No Strike – No Lockout and except as in Article
9 – Discharge and Discipline. Time limits set forth in the
following steps may be extended only by mutual consent of
the parties hereto in writing.
B. The purpose of this article is to encourage the resolution of
issues and grievances at the lowest possible level and on an
informal basis. The grievance procedure shall be informal
and confidential unless otherwise stated herein.
1. Step 1 – The employee shall first attempt to resolve the
Issue with her/his unit manager. The Issue must be
made known to the supervisor not later than ten (10)
working days from the date, or within ten (10) working
days of when the employee should have reasonably
known, of the occurrence giving rise to the grievance.
2. Step 2 – If the matter is not resolved in Step 1, the
employee shall, within ten (10) working days after
making the Issue known to her/his unit manager, move
the Issue to a grievance in writing and present it to the
Director of Nursing. A grievance so presented at this
step shall be answered by the Employer in writing
within ten (10) working days after its presentation, with
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a copy forwarded to the Union at the North Brunswick
office.
3. Step 3 –If the matter is not resolved in Step 2, the
employee shall, within ten (10) working days after the
receipt of the reply of the Director of Nursing, refer the
grievance in writing to the Administrator within ten
(10) working days after the presentation of the
grievance at this step. A grievance concerning
discharge or a suspension may be presented initially at
Step 3, with the time limit specified in Step 1.
4. Step 4 – If the grievance is not settled on the basis of
the foregoing procedure, the Union may submit the
issue in writing to arbitration within ten (10) working
days of the Employer’s answer in Step 3. The
arbitration shall be conducted under the Voluntary
Arbitration Rules then prevailing of the American
Arbitration Association. The arbitrator shall decide the
matter within the scope of this agreement and her/his
decision shall be final and binding upon the Employer,
the Union, and the employee. The arbitrator shall have
no authority to add to, subtract from, or otherwise
change or modify or to make a determination
inconsistent with the provisions of this agreement.
Both parties shall pay one-half (½) of the fees of the
arbitrator and any other expenses jointly incurred
incident to the arbitration proceedings. All other
expenses shall be borne by the party incurring them,
and neither party shall be responsible for the expenses
of witnesses called by the other party.
C. All time limits herein specified shall be deemed to be
exclusive of Saturdays, Sundays, and holidays.
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D. Any disposition of a grievance from which no appeal is
taken within the time limits specified herein, or as extended
pursuant to agreement, shall be deemed to be resolved and
shall not thereafter be considered subject to the grievance
and arbitration provisions of this agreement. In the event
the Employer representatives designated in steps 1 through
3 fail to respond the grievance within the designated time
period, such failure shall not constitute acquiescence to the
grievance, and the grievance must be processed to the next
step by the Union or the employee or it will be considered
resolved.
E. A grievance which affects a substantial number or class of
employees may initially be presented in Step 3 by the
Union representative.
ARTICLE 11 – Employee Status
A. Full- Time: Defined as employees that are regularly
scheduled to work forty (40) hours a week.
B. Part-Time: Defined as employees that are regularly
scheduled to work less than forty (40) hours per week.
1. Part-Time Employees who work at least thirty (30)
hours and as defined by the ACA, are eligible for health
benefits, as well as holiday pay, sick days, vacation
days and bereavement as defined. Part-time employees
that are regularly scheduled and work at least twenty
four (24) hours per week are not eligible for health
benefits, but are eligible for holiday pay, sick days,
vacation days and bereavement as defined.
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C. Per-Diem: Defined as employees who are not regularly
scheduled but who work on an as needed or relief basis (not
benefit eligible).
ARTICLE 12 – Hours of Work
A. The normal work day for employees shall be eight and a
half (8½) hours of which one-half (½) hour will be an
unpaid meal period.
B. Employees shall be entitled to one (1) fifteen (15) minutes
paid rest periods per shift.
C. For the purposes of computing overtime, paid scheduled
time off shall be considered hours worked.
D. Time schedules are to cover a four (4) week period and are
to be posted two (2) weeks prior to the implementation date
of the schedule. The schedule will not be changed unless
mutually agreed in writing between the Employee and
Employer.
E. Employees are expected to clock in at the beginning and
end of their shift (or the beginning and end of their work
day if different than their previously assigned shift).
Falsification of time records is prohibited.
F. Overtime
1. Working times other than a previously scheduled shift
must be approved in writing in advance by supervisor
or his/her designee. Employees will receive 1½ times
their regular hourly rate for all actual hours worked in
excess of forty (40) hours per week commonly known
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as “overtime pay”. Any unscheduled paid time-off is
not considered hours worked for purposes of
calculating overtime pay. Working times other than
your assigned shift without prior approval is prohibited.
G. Per Diem employees have the following work
requirements:
1. Work one (1) weekend per month
2. Make themselves available two (2) shifts per month as
posted on the available time list.
3. To work one (1) summer and one (1) winter holiday a
year. Winter and summer holidays are defined as:
4. Winter Holidays are Thanksgiving, Christmas and
New Years,
5. Summer Holidays are Memorial Day, July 4’th and
Labor Day.
ARTICLE 13 – Job Postings
A. All vacant positions within the bargaining unit will be
posted on the Employer’s bulletin board. All such posted
positions will be emailed to the President of the Union
Local and emailed or faxed to the JNESO office in North
Brunswick with the date of posting.
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B. The employer may advertise and seek employees from
outside sources for the position after posting in-house for
three (3) week days.
C. Presently employed qualified bargaining unit members will
be given first preference for all vacancies, available shift
changes and newly created positions.
D. When two or more employees are equally qualified, the
employer will select the most senior.
ARTICLE 14 – Seniority
A. Bargaining unit seniority (hereinafter "seniority") is
defined as the length of time an employee is continuously
employed by the Employer in any position covered by this
Agreement. All employees will accrue seniority based on
date of hire.
B. Seniority shall apply in the computation and determination
of eligibility for all benefits where length of service is a
factor pursuant to this Agreement.
C. An employee's seniority shall commence after completion
of the probationary period and shall be retroactive to the
employee's most recent employment date. Seniority shall
not accrue during leaves of absence unless otherwise set
forth in this Agreement, or while an employee is on
suspension.
D. An employee's seniority shall be lost when the employee:
(a) terminates voluntarily; (b) is discharged for cause; (c)
exceeds or abuses the provisions and purposes of an
authorized leave of absence; (d) fails to report off work
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for two (2) consecutive scheduled work days, except in a
validated emergency; (e) is laid off in excess of the
employee's length of service, or six months, whichever is
less; or (f) fails to respond within seventy-two (72) hours
of the mailing of a recall notice sent by certified mail to
the last address furnished to the Employer by the
employee.
E. The Employer will, upon execution of this Agreement and
at least bi-annually thereafter, (in January and July)
furnishes the Union with a seniority list. The employer
shall also provide salary level (position on wage scale).
ARTICLE 15 – Lay-off
A. In the event of a layoff:
1. Probationary, Per Diem and temporary employees shall
be laid off first without regard to their individual period
of employment.
2. Part-time employees based on seniority.
3. Non-probationary full employees on basis of seniority.
Employees will be guaranteed two (2) weeks of lay-off
notice.
B. In the case of a layoff, the Employer shall notify the Union
2 weeks before implementation. The Employer shall
discuss the reasons and details of the layoff including
alternatives to a layoff and procedures to be used.
C. Recall - Whenever a vacancy occurs in a bargaining unit
position, employees who are on layoff shall be recalled in
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accordance with seniority in the reverse order in which
they were laid off, subject to the determination by the
Employer the relative qualifications and ability of the
employees to perform the available work provided such
determination is not arbitrary or capricious. Current
employees shall be deemed to have the skill and ability if
they are able to satisfactorily perform the available work
after having received the same orientation and/or training
that a newly hired employee would be offered.
ARTICLE 16 – PTO
A. Full-time employees shall receive accrue PTO as follows:
1. 0– 10 years of employment: 14 days
2. 11 + years of employment 20 days
B. All employees hired prior to the purchase of the Center,
December 14, 2015, shall have their current Vacation
schedule below Grandfathered to the following PTO level
of time:
1. 0-5 years 15 days PTO
2. 5+ years 20 days of PTO
3. PTO is capped at 20 years
C. Part-time employees PTO shall be prorated.
D. If an employee resigns with two weeks’ notice or is
terminated, such employee will be paid all accrued PTO.
E. Fifty percent (50%) of accrued PTO maybe carried over
and shall be taken during the following year.
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F. In the selection of PTO bargaining unit seniority shall
prevail within the nursing unit and on the shift.
G. PTO requests will be made in writing and will be granted
provided the request in made in a timely manner but shall
not be unreasonably denied.
H. Approval for PTO requests shall be in writing and available
no later than 14 days from the time the requests was placed.
I. The Employer may require an employee to produce a
doctor’s note or a nurse practitioner’s note to verify illness
or the employee’s ability to return to work for absences of
three (3) or more days or in the event there is a pattern of
abuse, (including absences affecting eligibility for holiday
pay).
J. The Employer may also require medical clearance to return
to work when an employee has been ill with a reportable
contagious disease as outlined in New Jersey Department
of Health NJAC 8:57.
ARTICLE 17 – Holidays
A. The Employer agrees to furnish the following holidays with
pay to all employees who have passed their probationary
period covered by this Agreement:
1. New Years Day
2. Easter Sunday
3. Memorial Day
4. Independence Day
5. Labor Day
6. Thanksgiving Day
7. Christmas Day
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B. A Full Time employee who works on the holiday shall
receive double time for all hours worked, part-time
employees shall receive time and a half (1-1/2).
1. Full-time employees will receive eight (8) hours pay
when not working the holiday. Part-Time employees
will receive four (4) hours pay when not working the
holiday.
C. Pay for holidays will not be granted if an employee is
absent from assigned duty on the last regularly scheduled
work day before or first regularly scheduled work day after
any designated holiday, unless a doctor’s note is supplied
certifying that the employee was unable to work on such
last regularly scheduled work day before or such first
regularly scheduled work day after the holiday.
D. If an employee calls out sick when scheduled to work a
holiday, time will be paid provided the employee supplies a
doctor’s note covering that day.
ARTICLE 18 – Bereavement
A. All Employees who have completed their probationary
period, in the event of a death in the Employees immediate
family, will be eligible to receive absence from work with
pay for three (3) days to be taken on consecutive work
days.
B. Immediate family shall be defined to mean mother, father,
husband, wife, brother, sister, children, grandparents,
grandchildren, mother-in-law, father-in-law, stepchildren
and stepparents, civil union partner, brother in-law and
sister in-law.
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C. Time off with pay for up to two (2) days be granted where
there is a death of an aunt, uncle, nephew or niece.
D. Proof of death and/or relationship to the deceased, may be
requested by the Employer before payment is made.
ARTICLE 19 – Jury Duty
A. All employees who have completed their probationary
period and who are called to serve as jurors will receive
their regular pay, less their pay as a juror, for each workday
while on jury duty for a maximum of ten (10) days in a
calendar year. An employee on jury duty is expected to
report to work when she/he is not actively serving as a
juror, provided she/he has been excused by the Judge or
other duly authorized court official.
B. When an employee receives a subpoena for jury duty,
she/he must present it to his/her DON or staffing
coordinator.
C. All employees will be granted unpaid leave for jury duty
(in excess of the 10 days provided for in paragraph A), as
required by law.
ARTICLE 20 – SCHEDULING AND AVAILABLE TIME
A. A preliminary schedule/plan sheet is posted four (4) weeks
prior to starting date of the schedule for full and part-time
employees. Posting is for one (1) week.
B. Following the completion of the preliminary schedule/plan
sheet, all conflicts for scheduling of individual days on and
off will be resolved by seniority on a rotating basis. A final
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schedule will be posted two weeks prior to the start of the
schedule.
C. Coverage still needed for specific shifts at the time the
schedule has been posted and the committed hours have
been assigned to full-time and part-time employees will be
offered in the following priority:
1. Part-Time At regular hourly rate of pay up
to 40 hours/week
2. Per Diem At their regular hourly rate of pay up
to 40 hours/week
3. Full-Time/PT Overtime (according to seniority)
4. Per Diem Over 40 hours/week
D. All extra time, as outlined above, is time available after
committed hours are met. Extra time shall be offered in an
equitable rotating manner.
E. The availability list will be posted for one (1) week and
removed, and approved within seventy-two hours (72). No
one may bump the approved available time.
F. A commitment to work the available time is a serious
commitment. Failure to report to work pursuant to the
available time commitment and without timely
notification (6 hours) will result in the employee being
barred from available time for one (1) posted schedule
period.
G. Nurses who engage in a pattern of cancelling their
commitment to available time will be barred from available
time for one posted schedule period.
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A pattern shall be defined as two cancellations within one
posted schedule period or one cancellation in each of any
four (4) consecutive posting periods.
H. The Nursing/Scheduling Office will give three (3) hours
notice of cancellation of extra time or overtime.
I. In no event will an agency nurse be employed if a
bargaining unit nurse is ready, qualified and willing to
perform the work.
J. In the event that cancellation of extra time or overtime is
necessary, it shall be in inverse order of the way it was
offered and filled:
1. Agency personnel will be cancelled before any Bishop
employee.
2. Per Diem scheduled for overtime (over 40 hours/week).
3. Full-time/part-time scheduled for overtime (according
to seniority).
4. Per Diem.
5. Part time employees working above required hours.
K. Cancellation will be by inverse order of seniority, on a
rotating basis.
L. Once an employee has shown up for work, she/he cannot
be cancelled.
ARTICLE 21 – Uniform Allowance
Full time employees will be provided 4 sets of uniforms upon
completion of ninety (90) days of continuous employment. Part
time and Per Diem employees will be provided 2 sets upon
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completion of ninety (90) days of continuous employment. All
employees will receive 2 additional uniforms yearly, upon their
anniversary of employment. Employees may purchase additional
uniforms at cost.
ARTICLE 22 – Wages
A. Employees shall be hired in, based upon documented
experiences provided by the employee with her/his
employment application. Any changes/corrections to an
employee’s documented experience must be raised to the
Employer within thirty (30) days of the date of hire. Any
agreed upon changes/corrections made to the documented
experience of the employee shall be without retroactive
liability to the Employer.
B. Hire in rate shall be set as follows based on years of
verified experience:
1. LPN :
i. 0-2 years –$21.00
ii. 2 years –$21.40
iii. 4 years –$21.80
iv. 6 years –$22.20
v. 8 years –$22.60
2. RN :
i. New Hire –$26.50
ii. 1 year –$27.00
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iii. 2 years –$27.50
iv. 4 years–$28.00
v. 6 years –$28.50
vi. 8 years –$29.00
3. Per Diem Rate based on years of verified experience
i. Hire in Rate plus $4.00
C. On the date of ratification all current employees shall have
their base rate adjusted to the current rate if placed below
the most current experience rate.
D. Specialty Classifications hire in rates shall be:
1. RN MDS Coordinator $ 28.00
2. LPN Case Manager $ 21.00
3. RN Infection Control $ 27.00
4. RN External Case Manager $ 27.00
E. Additional rate shall be added to the above Specialty hire in
rate based on verified years of experience:
1. 1 year – $ 0.50
2. 2 years – $ 1.00
3. 4 years – $ 1.50
4. 6 years – $ 2.00
5. 8 years – $ 2.50
F. All Non –probationary employees on the date of ratification
shall receive a base rate increase of 5% Retro to January 1,
2016. All employees shall receive an annual base rate
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increase of 2.0%, in 2017, 2018, 2019, and 2020
throughout the duration of this agreement during the first
full pay period in January.
ARTICLE 23 – Weekend Work
A. Employees may be required to work twenty-six (26)
weekends per year in a steady alternating weekend
schedule (i.e. one weekend on and one weekend off).
B. Employees will not be require to make-up scheduled
weekend shifts which fall during an employee inpatient
hospital stays, approved LOA/FMLA.
ARTICLE 24 – Health Benefits
A. New hire Employees are eligible for health benefits upon
satisfactory completion of ninety days of continuous
service.
B. All bargaining unit employees who work thirty (30) hours
per week, as defined by the A.C.A., shall be eligible for
Health Care Benefit. Under the A.C.A., employees’
deductibles cannot exceed more than 9% of the employees’
salary.
C. All employees hired before December 14, 2015, will
contribute cost sharing of twenty-five percent (25%) of the
premium. Employees hired after December 14, 2015 will
contribute cost sharing of thirty percent (30%) of premium.
D. The employer may change from the current insurance
carrier provided the coverage obtained is the same or
comparable to the current level of Benefits. In the event the
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employer does change the insurance provider the union will
be notified and the parties will meet to discuss the impact
and/or the implementation at the request of either party.
ARTICLE 25 – 401K
A. Eligible employees after one (1) year of continuous service
can participate in Facility’s 401K Plan. The Employer will
match $0.25 for every dollar invested by the employee up
to a maximum of $200.00.
ARTICLE 26 – Tuition Reimbursement
A. The Employer will provide tuition reimbursement to full-
time employees who have completed one year of active
service.
B. The course must be approved, in writing, by the
Administrator prior to enrollment.
C. The course must be related to long term care or be a part of
a curriculum for a degree related to nursing which was
approved in advance by the Administrator.
D. The employee must present written proof of completion of
the course with at least a grade of “C” or “pass” for a
pass/fail course. She/he must also present proof of
payment for the course by the employee.
E. Maximum reimbursement shall be $1,500 per calendar
year.
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F. An employee who received tuition that Voluntarily leaves
employment prior to a two year commitment shall be
required to reimburse the employer at the following rate:
1. 0-1 year full tuition amount
2. After 1 year up to 2 years =Prorated
ARTICLE 27 – Death Benefit
The Employer will provide, after three (3) months of continuous
employment with the Employer, a death benefit of $10,000 for all
full time employees.
ARTICLE 28 – Non Discrimination
The Employer and the Union hereby agree to continue their
practice of not discriminating against any employee for
employment because of race, creed, color, national origin, age, sex,
sexual preference, ancestry, religion, marital status, or liability for
services in the Armed Forces of the United States in compliance
with all applicable Federal and State statutes, rules, and
regulations.
ARTICLE 29 – Personnel Files
A. A personnel file will be maintained for each employee. No
entries, notations, documents, etc., which reflect on an
employee’s ability to perform or character shall be placed
in her/his personnel file without first having been shown to
the employee and the employee having been given the
opportunity to review them and to place a letter of other
document in the file concerning such entry, notation,
document, etc. An employee shall be entitled to review
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her/his personnel file provided that a written request to do
so is received.
B. Any disciplinary action not sustained shall be removed
from the personnel file immediately.
ARTICLE 30 – Malpractice Insurance
The Employer will continue to provide at its sole cost and expense
Malpractice Insurance.
ARTICLE 31 – Leave of Absence
A. Employees are entitled to leaves of absence under FMLA
or NJFLA which shall be granted in accordance with the
terms and conditions of the applicable law.
B. Medical leaves of absence are available to full-time and
part-time employees who have accrued one year or more
of continuous service and who became unable to work
because of injury, illness, or other physical disability which
is not work-related (non-compensable) without loss of
seniority. Upon presentation of a physician certificate the
employee will be granted a sick leave for a period of up to
one hundred and twenty (120) days from the date the
employee last performed work at the Center. An employee
who is on this type of approved sick leave will not accrue
vacation or sick time. The employee will continue to
receive health benefits under FMLA for the first ninety (90)
days and will be responsible for the payroll deduction.
After the ninety (90) days the employee is responsible for
health insurance coverage under Cobra.
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C. Non-medical leaves of absence may be granted to full-time
and part-time employees by mutual agreement between the
Employer and the Union without loss of seniority. In order
to retain seniority, the employee must return to work at the
expiration of the leave of absence. During the leave of
absence, the employee will be responsible for the payment
of premiums to the health benefits plan. Vacation and sick
time will not accrue during the leave of absence.
ARTICLE 32 – Out of Title Work
A. Employees who are requested by the Employer to perform
functions normally assigned when working in a title which
is supervisory and which is outside the bargaining unit, or
if in the bargaining unit would receive a higher rate of pay,
shall receive a differential of ten percent (10%) of their
hourly base pay for each hour they are required by the
Employer to perform said function(s), if the regular
supervisory person is out of the facility. In the event that
said employee is entitled to overtime pay, or holiday pay as
defined in this Agreement during the period that she/he is
working out of title, she/he shall receive the additional pay
for those hours that she/he worked out of title.
B. Employees who accept a non-bargaining unit position on a
temporary basis shall continue to accrue seniority for a
period not to exceed six (6) months. An employee who
accepts a permanent position outside the bargaining unit
but within the Facility, and is subsequently allowed to
return to a bargaining unit position within six (6) months
from accepting the outside position, will retain all prior
seniority that she/he had at the time she/he left the
bargaining unit position. If an employee does not return to
the bargaining unit within the six (6) month period or after
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the new position's probationary period, the bargaining unit
seniority shall be lost.
ARTICLE 33 – Non-Nursing Functions
A. In the interest of high quality patient care, the parties agree
that it is in the employer's, employee’s and patient's interest
to maximize the utilization of Registered Nurses and
Licensed Practice Nurses in the nursing function and to
minimize their use in non-nursing functions. Except in
unusual situations, Registered Nurses/LPN’s covered by
this Agreement will not ordinarily perform such non-
nursing functions as housekeeping, maintenance, laundry,
and dietary.
B. Copies of all new/revised clinical and/or personnel policies
and procedures which affect bargaining unit employees
shall be sent to the Local President and the Union prior to
implementation. Upon request, the Employer shall meet
and discuss the changes. Complete copies of all current
policies will be provided to the local president and JNESO
within thirty (30) days of contract signing. The Employer
shall provide enough time for discussion of new policies
prior to implementation.
ARTICLE 34 – Miscellaneous
A. The collective bargaining agreement shall be printed and
made available to all employees.
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B. The Union and Management shall establish quarterly
meetings for the purpose of reviewing the administration of
this agreement and to discuss issues that may arise. These
meetings are not intended to by-pass the grievance
procedure or to be considered contract negotiating meetings
but are intended as a means of fostering good Employer-
employee relations. Meetings shall include an agenda of
topics to be discussed and is to be submitted seven days
prior to the meeting date.
C. The Employer will provide the Union copies of current job
descriptions as well as copies of new/changed job
descriptions and will give the Union an opportunity to
discuss new/changed job descriptions prior to
implementation.
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ARTICLE 35 – Term of Agreement
This Agreement shall become effective January 1, 2016 and shall
remain in force and effect up to and including midnight,
December 31, 2020.
After January 2019 should the economy warrant it, the Union or
management may request in writing further discussion in
economics.
In Witness Whereof, the parties hereunto have set their hands and
seal this 9th
day of March, 2016.
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