Collective Bargaining Agreement - seiu775.org

1 Collective Bargaining Agreement between SEIU 775. And Millennia Healthcare Effective November 1, 2017-June 30, 2019. CONTENTS. ARTICLE 1: RECOGNITION .. 6. ARTICLE 2: union MEMBERSHIP AND union SECURITY .. 6. SECTION 21: union DUES .. 6. SECTION : RELIGIOUS 6. SECTION : DISCHARGE FOR FAILURE TO MEET OBLIGATIONS .. 6. SECTION : POLITICAL ACCOUNTABILITY FUND (COPE) .. 7. SECTION : PAYCHECK DEDUCTIONS .. 7. SECTION : Bargaining UNIT INFORMATION .. 8. SECTION : MEMBERSHIP FORMS .. 8. ARTICLE 3: union RIGHTS .. 8. SECTION : ADVOCATE .. 8. SECTION : ADVOCATE RECOGNITION .. 8. SECTION : BULLETIN BOARD .. 9. SECTION : NEW EMPLOYEE ORIENTATION'S, IN-SERVICE TRAINING'S, AND CONTINUING. EDUCATION .. 9. SECTION : ACCESS TO THE EMPLOYER'S OFFICES .. 9. SECTION : ACCESS TO THE EMPLOYER'S FILES .. 9. SECTION : EMPLOYEE COMMUNICATIONS .. 10. SECTION : PAYCHECK DISTRIBUTION .. 10. SECTION : MEETING ROOMS .. 11. ARTICLE 4: NO DISCRIMINATION .. 11. ARTICLE 6: PROBATION .. 11. ARTICLE 7: SENIORITY.

2 12. ARTICLE 8: DISCIPLINE AND JUST CAUSE .. 12. SECTION : JUST CAUSE AND RIGHT TO REPRESENTATION .. 12. SECTION : NOTIFICATION OF FORMAL DISCIPLINARY ACTION/WRITTEN JUSTIFICATION. FOR DISCIPLINE FOR CAUSE .. 13. SECTION : DISCIPLINE OR DISCHARGE .. 13. SECTION : INVESTIGATION OF JUST CAUSE BY union .. 13. SECTION : EMPLOYER 13. SECTION : PERSONNEL FILES .. 14. SECTION : APS OR REGULATORY INVESTIGATIONS .. 14. 2|Page ARTICLE 9: GRIECANCE PROCEDURE .. 14. SECTION : DEFINITION .. 14. SECTION : TIME LIMITS, MEETINGS AND 15. SECTION 3: GRIEVANCE STEPS .. 15. SECTION : WRITTEN 16. SECTION 5: REQUEST FOR ARBITRATION .. 16. SECTION 6: ARBITRATION .. 16. SECTION : ARBITRATION DECISION AND COSTS .. 17. ARTICLE 10: VACANCIES .. 17. SECTION : OPEN POSITIONS .. 17. SECTION : NOTIFICATION OF AVAILABLE HOURS .. 17. SECTION : JOB DESCRIPTIONS .. 18. ARTICLE 11: LABOR-MANAGEMENT COMMITTEES .. 18. SECTION : PURPOSE .. 18. SECTION : COMPOSITION, SCHEDULE, AND PROCESS .. 18. ARTICLE 12: HEALTH AND 18.

3 SECTION : RIGHT TO SAFE WORKING CONDITIONS .. 18. SECTION : SAFETY EQUIPMENT & SUPPLIES .. 19. SECTION : CLEANING EQUIPMENT & SUPPLIES .. 19. SECTION : VACCINATIONS .. 19. SECTION : SAFETY COMMITTEE .. 19. SECTION : ON CALL SUPPORT .. 20. SECTION : IMMINENT DANGER .. 20. SECTION : ANNUAL SAFETY TRAINING AS PART OF CONTINUING EDUCATION .. 20. Health and Safety Training .. 20. ARTICLE 13: PAY RECORDS AND PAY PERIODS .. 20. SECTION : CHECK STUB .. 20. SECTION : PAY PERIOD .. 20. SECTION : CHECK 21. SECTION : DIRECT DEPOSIT .. 21. ARTICLE 14: JOB DESCRIPTIONS AND CARE 21. ARTICLE 15: UNPAID LEAVE .. 22. SECTION : union LEAVE .. 22. 3|Page SECTION : BEREAVEMENT LEAVE .. 22. SECTION : GENERAL LEAVES OF ABSENCE .. 22. SECTION : MILITARY CAREGIVER LEAVE .. 23. SECTION : MILITARY SPOUSE LEAVE .. 24. SECTION : DOMESTIC VIOLENCE/SEXUAL ABUSE/STALKING LEAVE .. 24. SECTION : OTHER FORMS OF LEAVE .. 24. SECTION : OTHER REQUIRED LEAVE .. 24. ARTICLE 16: HOLIDAYS .. 24. SECTION : RECOGNIZED HOLIDAYS.

4 24. SECTION : PREMIUM PAY HOLIDAYS .. 25. ARTICLE 17: TRAVEL PROVISIONS .. 25. SECTION : TRAVEL PAY AND MILEAGE .. 25. SECTION : DOCUMENTATION OF EXPENSES .. 26. SECTION 4: DON'T SPEED! .. 26. ARTICLE 18: HEALTH AND WELFARE TRUST FUND BENEFITS .. 26. SECTION : COMPREHENSIVE BENEFIT PACKAGE THROUGH THE TRUST .. 26. SECTION : ELIGIBILITY STANDARDS .. 27. SECTION : EMPLOYEE PREMIUM DEDUCTION AUTHORIZATION .. 28. SECTION : PURPOSE OF THE TRUST .. 28. SECTION : TRUST Agreement .. 28. SECTION : INDEMNIFY AND HOLD 28. ARTICLE 19: PAID TIME OFF (PTO) .. 28. SECTION : ACCRUAL .. 28. SECTION : USE OF PAID TIME OFF AND SCHEDULING .. 29. SECTION UTILIZATION OF SICK 29. SECTION : NOTICE AND PROOF OF ILLNESS .. 29. SECTION : COMBINATION WITH OTHER BENEFITS .. 29. ARTICLE 20: WAGES AND PREMIUMS .. 30. SECTION : WAGE SCALE AND WAGE PROGRESSION .. 30. SECTION : CNA OR CERTIFICATION DIFFERENTIAL .. 30. SECTION : CLIENT / SERVICE INACCESSIBLE PAY .. 30. SECTION : OVERTIME .. 30. Section : Weekend Differential.

5 30. 4|Page SECTION NURSE DELEGATION .. 31. SECTION : L & I WORKER 31. SECTION EFFECTIVE UPON RATIFICATION .. 31. ARTICLE 22: MEAL AND PREST PERIODS .. 31. ARTICLE 23: SECURE RETIREMENT 31. SECTION : PARTICIPATING IN A DEFINED CONTRIBUTION RETIREMENT BENEFIT TRUST 31. SECTION : CONTRIBUTIONS TO RETIREMENT TRUST .. 32. SECTION : TRUST Agreement .. 32. ARTICLE 24: DISPATCHED WORKERS .. 32. SECTION 24. 1: GENERAL .. 32. SECTION : DISPATCHED HOURS .. 32. SECTION : DISPATCH POSITION, OPENING AND ASSIGNMENT .. 33. ARTICLE 25: LAYOFF & RECALL .. 33. SECTION : LAYOFF .. 33. SECTION : 33. ARTICLE 26: MANAGEMENT RIGHTS .. 34. ARTICLE 27: NO STRIKE OR LOCKOUT .. 34. SECTION : NO 34. SECTION : NO STRIKE .. 34. ARTICLE 28: MODIFICATION AND PAST PRACTICE .. 34. ARTICLE 29: SAVINGS AND MODIFICATION .. 35. SECTION : WAIVER .. 35. SECTION : ADHERENCE TO EXISTING STATUES .. 35. SECTION : SAVINGS .. 35. SECTION : MODIFICATION .. 35. ARTICLE 30: SUCCESSORSHIP & SUBCONTRACTING .. 35. SECTION : SUCCESSORSHIP.

6 35. SECTION : SUBCONTRACTING .. 35. ARTICLE 31: LOBBY DAY / HOMECARE ADVOCACY DAY .. 35. ARTICLE 32: TERM OF Agreement .. 36. APPENDIX A WAGE SCALES .. 37. 5|Page ARTICLE 1: RECOGNITION. Millennia Home Care (hereafter referred to as the Employer) recognize SEIU 775 (the union ). As the sole and exclusive Collective - Bargaining agent for all employees who are employed by the Employer throughout the State of Washington in the position of home care worker, who perform home care and personal services, or work in any position related to the delivery of such in-home services, including my not limited to: homecare workers, homecare aides caregivers, personal care assistance, Certified Nursing Assistants (CNA or NAC), Nurse Aide Registered (NAR), Licensed Practical Nurses (LPN or LVN), Registered Nurses (RN), and any other similar job title or classification; excluding all employees not employed in the in-home services or programs delivered by the Employer, managers, confidential employees, office clerical employees, translators, professional employees, guards, and supervisors as defined in the National Labor Relations Act.

7 ARTICLE 2: union MEMBERSHIP AND union SECURITY. SECTION 21: union DUES. All Bargaining unit employees shall, as a condition of employment, become and remain members of the union tendering periodic dues and fees as determined by the union . Each new employee shall be required to become and remain a member of the union no later than the thirtieth (30th) day of employment. Per the terms of Section of this Article, any employee who fails to satisfy this obligation shall be discharged by each Employer, and the Employer shall provide written notice to the union of such discharge within thirty (30) days. SECTION : RELIGIOUS EXEMPTION. It is the intent of this Agreement that the provisions of this Article safeguard the right of employees to remain non - members based on bona fide religious tenets or teachings of a church or religious body of which such employee is a member. Any employee who claims a right of non association based on bona fide religious tenets or teachings of a church or religious body of which such employee is a member shall provide written notice of that claim to the union , and shall arrange with the union to make alternative payments in lieu of the payments required for union membership to a nonreligious charitable organization (a 501 (c) (3) organization as defined by statute) of the employee's choice.

8 Such employees shall pay an amount of money equal to the periodic dues and fees uniformly required under Section 1 of this Article. Failure to satisfy this alternative payment shall result in discharge from employment, pursuant to Section of this Article. The Employer shall not be financially liable for any failure of the affected employee or the union to remit payments to the nonreligious charity. SECTION : DISCHARGE FOR FAILURE TO MEET OBLIGATIONS. The union may demand the discharge of any Bargaining unit employee who is delinquent in payments required in this Article or refuses to become and remain a member of the union . The union shall communicate delinquency to the affected employee and to the Employer within thirty (30) days of delinquency. The notice to the delinquent employee shall include a) the fact that the union has no record of the employee's membership or religious exemption and b) the 6|Page action required by the employee in order to satisfy requirements of this Agreement .

9 This notice may include: the amount needed to pay delinquent dues in full, a membership form, and/or any other action needed on the part of the employee to satisfy obligations of this Agreement . The union shall, at the same time, notify the Employer of the name and reason for delinquency of any employee. Should the employee fail to satisfy obligations of this Agreement , within fifteen (15) days from the date of the original notice of delinquency, the union may demand in writing that the applicable Employer discharge the employee. Following receipt of such demand, the Employer shall discharge the employee within seven (7) calendar days of the date of the union 's demand. SECTION : POLITICAL ACCOUNTABILITY FUND (COPE). The Employer shall deduct the sum specified from the pay of each member of the union who voluntarily executes a Political Accountability Fund (COPE) wage assignment authorization form. When filed with the Employer, the authorization form will be honored in accordance with its terms.

10 The authorization form will remain in effect until or unless revoked in writing by the employee. The amount deducted and a roster of all employees using payroll deduction for Political Accountability Fund (COPE) contributions will be promptly transmitted to the union by separate check payable to the union and identified as COPE deductions, at the same time as the monthly remittance of dues. Upon issuance and transmission of a check to the union , the Employer's responsibility will cease with respect to such deductions. The union and each employee authorizing the assignment of wages for the payment of Political Accountability Fund (COPE) contributions hereby undertake to indemnify and hold the Employer harmless from all claims, demands, suits or other forms of liability that may arise against the Employer for, or on account of, any deduction made from wages of an employee. SECTION : PAYCHECK DEDUCTIONS. The Employer agrees to deduct from each Bargaining unit employee's pay all authorized dues, fees, and assessments as determined or required by the union .