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AGREEMENT BETWEEN THE WASHINGTON-BALTIMORE NEWSPAPER GUILD, LOCAL 32035 AND THE UNITED AMERICAN NURSES, AFL-CIO This Agreement is made and entered into this _______ day of ______ 2005 by and between the UNITED AMERICAN NURSES, AFL-CIO, hereinafter referred to as the "Employer" or "UAN" and the WASHINGTON BALTIMORE NEWSPAPER GUILD, LOCAL 32035, hereinafter referred to as the "Union", “Guild”, or "WBNG." March 24, 2005 - Dec. 31, 2007
ARTICLE 1RECOGNITIONSection 1.1 The Employer recognizes the Union as the exclusive bargaining agent for all permanent full time and part time employees. Section 1.2 The bargaining unit will not include: a. supervisors as defined by the National Labor Relations Act; b. managerial employees as defined by the National Labor Relations Act. c. confidential employees as defined by the National Labor Relations Act; d. temporary employees as defined in this Agreement; e. employees funded exclusively by grants; and f. interns. Section 1.3 As used in this Agreement, the term "employee" means an employee in the bargaining unit, and "position" means a position within the bargaining unit.
ARTICLE 2 TEMPORARY EMPLOYEESSection 2.1 A temporary employee is an individual hired through an agency or directly by the Employer to fill a temporary operational need for not longer than five (5) months. Section 2.2 The Employer may keep a temporary employee for up to five (5) months. At the end of this five (5) month period, the Employer must (1) fill the position with a regular employee, (2) abolish the position and lay off the temporary employee, (3) leave the position vacant, or (4) ask the Union for an extension in accordance with Section 2.4 below. The Employer will notify the Union of its intentions in this regard by no later than the end of the temporary employee's fourth (4 th) month of employment. Section 2.3 When a temporary employee is hired to substitute for a permanent employee who is on approved leave that will last in excess of five (5) months, the Employer may retain the temporary employee until such time as the permanent employee returns to work. Section 2.4 When a temporary employee is hired to substitute for a permanent employee who is on leave due to a new birth or adoption of a child, the Employer may retain the temporary employee until one month after the permanent employee returns to work fulltime. Section 2.5 The five (5) month period can also be extended in other circumstances by mutual agreement of the Employer and the Union. Any request for extension will be made by the Employer at least two (2) weeks prior to the end of the five (5) month period. Agreement will not be unreasonably withheld by the Union. Section 2.6 Temporary positions filled by temporary employees need not be posted. Section 2.7 If the Employer converts a temporary position to a permanent position, the position will be posted and filled in accordance with the terms of this Agreement. Section 2.8 The Employer will not employ any temporary employee in a position performing bargaining unit work if there is any bargaining unit employee on lay off who may be qualified to perform the work in question. Section 2.9 Any bargaining unit employee who has received a notice of layoff may displace a temporary employee who is performing bargaining unit work that the laid off employee is qualified to perform. Section 2.10 A part-time employee is an employee who works thirty (30) or fewer hours a week.
ARTICLE 3AMERICANS WITH DISABILITIES ACTSection 3.1 The Employer will work to reasonably accommodate employees with disabilities covered by the Americans with Disabilities Act ("ADA"). Reasonable accommodations will be considered by the Employer on a case-by-case basis. The Employer will notify the Union of any substantial changes in a job and of any transfer of job duties as a result of the accommodation. The Employer will not disclose to the Union any medical information about the accommodated employee, without the written consent of the employee.
ARTICLE 4NON-DISCRIMINATIONSection 4.1 The Employer will not discriminate against any employee on the basis of race, color, religion, sex, national origin, age, political affiliation, disability, sexual orientation, marital status, status as a Vietnam era veteran or special disabled veteran, or participation in union activities.
ARTICLE 5NO STRIKE-NO LOCKOUTSection 5.1 The Union, its officers, and each of the employees covered under this Agreement, agree that during the term of this Agreement, they will not participate in and/or encourage any strike, stoppage of work, boycott, or any other type of interference with the operations of the Employer. This commitment does not apply to activities engaged in by employees as part of their work assignments. Section 5.2 If any employees or group of employees represented by the Union violates Section 5.1 above, the Union, through its officers, will promptly notify the Employer and the employee(s) in writing of its disapproval of the violation and will instruct the employee(s) to cease the violation immediately. Section 5.3 The Employer has the right, consistent with the Agreement, to discipline or discharge any employee(s) participating in and/or encouraging conduct in violation of Section 5.1. Section 5.4 The Employer agrees that during the term of this Agreement, it will not lock out its employees covered by this Agreement. Reductions in force or partial or complete cessation of operations due to lack of work or other business reasons will not be construed as a lockout.
ARTICLE 6AGENCY SHOPSection 6.1 All present employees covered by this Agreement, on and after thirty (30) days from the effective date of this Agreement, and employees employed after the signing of this Agreement, on and after thirty (30) days from the date of their employment, as a condition of continued employment, will either: a. become and remain members of the Union during the term of this Agreement and pay to the Union the periodic dues and fees uniformly required by the Union as a condition of retaining membership; or
b. pay to the Union, for the term of this Agreement, a service charge, in the same amount and payable at the same time as the Union's dues and initiation fees, as an agency fee, which is a contribution toward the administration of this Agreement and the representation of employees.
Section 6.2 The Union will comply with all legal requirements in implementing and enforcing the provisions of this Article. Section 6.3 In the event that an employee fails to tender pursuant to Section 6.1 the periodic dues or fees to the Union, or the required service charge, the Union will give notice thereof in writing to the Employer requesting the discharge of such employee. The Employer will notify the employee of the receipt of such letter, and if the employee does not tender his/her dues, fees or amounts equal thereto within ten (10) work days after service of such notice to the employee, the Employer will be required to discharge the employee upon the written request of the Union. Section 6.4 Upon receipt of any employee's voluntary written assignment and authorization, the Employer will deduct from the earnings of such employee and pay to the Union, not later that five (5) work days following a regular payday, the Union membership dues or the service charge. The amount of membership dues or service charge so deducted will be in accordance with the Union's schedule of dues amounts, by employee, furnished by the Employer to the Union. Section 6.5 The employee's written assignment and authorization will be made upon the following form: Assignment and AuthorizationI hereby assign to the Washington-Baltimore Newspaper Guild, Local 32035, The Newspaper Guild-Communications Workers of America, AFL-CIO, CLC ("WBNG") and authorize the United American Nurses, AFL-CIO ("UAN") to deduct from the wages earned by me as an employee of UAN: (1) WBNG Member: all my WBNG membership dues and membership assessments; or (2) Agency Fee: an amount equal to WBNG membership dues, each in an amount certified by the Treasurer of WBNG. I further authorize and request UAN to remit the amount as deducted in membership dues or agency fees to WBNG not later than five (5) work days following a regular payday. This Assignment and Authorization will be irrevocable for one (1) year from the date of this Assignment and Authorization or upon the termination date of the Collective Bargaining Agreement, whichever date is sooner. The assignment will renew automatically with the same irrevocability provisions for successive like periods, unless terminated by me in writing within ten (10) days prior to the expiration of any irrevocable period. Such written termination will be sent by certified mail to UAN and WBNG.
Section 6.6 The Union will indemnify the Employer and hold it harmless against all suits, claims, and liability that arise out of any action taken by the Employer in connection with this Article, including any attorneys' fees and costs incurred by the Employer in defending, through counsel of the Employer's choosing, any such claims and suits. Section 6.7 The Employer will provide information to the Union on new hires and terminated employees within two weeks of the new hire beginning employment or the terminated employee receiving a last paycheck. For newly hired employees, the Employer will provide name, employment date, pay level, job title, and physical location. For terminated employees, the Employer will provide name, termination date, and job title. Section 6.8 The Employer will provide the Union on a quarterly basis with a seniority list that will include the employment date, pay level, annualized base wages, job title, and where different from employment date, seniority date. The list will identify any newly hired employees and any employees terminated within the quarter. The Employer will post the seniority list, minus salaries, on the Union Bulletin Board for ten (10) work days. Section 6.9 With each dues or agency fee check, the Employer will provide the Union with a list of all employees whose deductions have been made that payroll period. The list will include each employee's annualized base wages and the amount deducted.
ARTICLE 7UNION ACTIVITIESSection 7.1 The Employer will provide one-standard size, locked bulletin board for use by the Union. A designated Union representative will be responsible for posting official union material, a copy of which will be furnished to the Employer at the time of posting. Section 7.2 The Union will be permitted reasonable use of the e-mail system for notification of Union meetings and communication regarding grievances under the Agreement. Section 7.3 The Employer will provide the Union with a locked file cabinet for storing Union-related files on the Employer's premises. Section 7.4 Each WBNG member will receive a reasonable amount of time off without reduction in pay to vote in WBNG elections and for ratification votes concerning this Agreement and any successor agreements. The Union will give the Employer reasonable advance notice of such voting and will work with the Employer to establish mutually agreeable locations and hours for voting. Section 7.5 A representative or representatives of the Union will be allowed reasonable time with pay to attend grievance meetings and arbitration hearings, not to exceed twelve (12) days or eighty-seven (87) hours per year in total for all Union activity. Time spent in Joint Labor Management Committee meetings does not count against these time limits. An additional twelve (12) days or eighty-seven (87) hours of paid union time will be granted during years in which the parties are negotiating a collective bargaining agreement. The Employer may grant additional time with pay for union and labor-management activities as it deems appropriate, including consideration of requests for paid leave to participate in negotiations with the Employer. Any employee who engages in Union activity during working hours shall account for the time so spent on his/her time sheet and turn a copy in to the Executive Director of her designee every two weeks so that the Employer can track all time devoted to Union activity. The Union representative will function with the least possible interference or interruption of his or her regular duties and will advise the Executive Director or her designee in advance of any anticipated union duties. In the event that the union duties will interfere substantially with the representative's regular duties, the Executive Director or her designee may require that the regular work be done rather than the union duties. The Executive Director or her designee will give reasonable notice to the Union representative of any such decision. Section 7.6 The Employer will provide space, if available, without charge for Union meetings related to collective bargaining and contract administration, to be held during non-working hours and/or lunch time. Union meetings must be scheduled so as to avoid conflict with any UAN meetings and so that they do not impose an additional operational cost on the Employer. The Union will give at least one week’s notice to the Employer in advance of any time that it schedules meetings under this Section. Field staff will be permitted to attend the meetings via telephone as long as it does not interfere with the Employer's operational needs. Section 7.7 The Union will be permitted sixty (60) minutes for union orientation by WBNG for each new hire in the bargaining unit. This orientation will be given within four (4) weeks of hire date. Section 7.8 The Employer will notify the Union for informational purposes of any new policies, procedures or work rules a minimum of thirty (30) days before implementation. Upon request of either party, the Employer and the Union will discuss the issue within the 30-day period. In any event, however, the Employer has the right to implement the policy, procedure or work rule at the end of the 30-day period. This provision is not intended to waive either party's rights under the law. Section 7.9 The Employer and the Union agree to furnish one another the final version of the collective bargaining agreement by computer disk or e-mail. Section 7.10 The Union will be permitted reasonable use of the copiers for Union business. A code will be designated on the copy machine for this purpose.
ARTICLE 8MANAGEMENT RIGHTS
Section 8.1 All management functions, rights and responsibilities that have not been modified or restricted by a specific provision of this Agreement are retained and vested exclusively by the Employer, including, but not limited, to the exclusive right to manage, operate and administer the business and operations of UAN; to determine the nature, scope and structure of the Employer's operations; to hire, fire, discipline, lay off, promote, demote, schedule, evaluate and transfer employees; to assign and subcontract work; to determine job content; to determine the methods by which the work is to be performed; to establish and to eliminate job functions and classifications; to inaugurate, evaluate and to discontinue programs and services; and to establish, modify, maintain and enforce work rules.
ARTICLE 9INDEMNIFICATIONSection 9.1 Except as provided below, the Employer agrees to defend with representatives of its choosing and to save harmless and indemnify all current and former employees to the fullest extent allowed by law, against any unintentional tort or duty of fair representation claim or demand, whether groundless or otherwise, arising out of an alleged act or omission of the employee within the scope of the employee's employment, except for acts or omissions that constitute willful neglect of duty, gross negligence, gross irresponsibility, malfeasance, criminal activity, and/or intentional or willful breach of the duty of fair representation. This indemnification does not include any claims or demands arising out of automobile accidents. Section 9.2 The Employer will have complete and exclusive authority to direct and control any defense of such claim or demand, including the exclusive right to negotiate and agree to any settlement. The employee's failure to agree to any such settlement and/or failure to take the necessary steps to accomplish, effectuate and/or comply with the settlement will immediately terminate the Employer's obligations under this Article. Section 9.3 This indemnification is conditioned upon the employee's providing the Employer with (a) prompt notification of any claim or demand and of any incident that could reasonably lead to a claim or demand, (b) complete disclosure of information requested by the Employer and (c) complete cooperation in the defense of the claim or demand. The employee's failure to provide such notification, disclosure, and/or cooperation will immediately terminate the Employer's obligations under this Article. With the employee's consent, the Employer will provide notice to the Union of any such claim or demand, and the identity of the employee involved.
ARTICLE 10PERSONNEL RECORDSSection 10.1 A personnel file will be maintained by the Human Resources Department of the American Nurses Association ("ANA") for each employee. Should ANA cease to perform this function for the Employer, the Employer will maintain the files. Section 10.2 Each employee will have access to his personnel file during normal work hours, and will be provided with copies of the contents therein upon request. Such access will take place in the presence of the Executive Director or her designee. Copies of written discipline will automatically be placed in the employee's personnel file. The Employer will notify the employee in writing of any other performance related documents placed in the personnel file. The employee will be entitled to respond, in writing, to any item placed in his or her personnel file, and the response will also be placed in the personnel file. If the item to which the response is submitted is removed, then the response will also be removed. ARTICLE 11EMPLOYEE LOUNGE
11.1 Employees will be entitled to use the kitchen on the fifth floor of the ANA headquarters. The Employer will provide a first aid kit in the UAN service area. 11.2 The Employer will provide a staff lounge at the UAN’s National Labor Assembly (NLA) and any other meeting where 50% or more of the staff are required to attend. Snacks, beverages, and where possible, a refrigerator, will be provided during meeting days. The costs of snacks and beverages will not be deducted from the per diem.
ARTICLE 12JOINT LABOR-MANAGEMENT COMMITTEESection 12.1 UAN and WBNG agree to maintain a Joint Labor Management Committee. The Committee will consist of up to two (2) representatives from each party. Meetings of the Committee will be held on work time and shall be held quarterly. A WBNG Local Representative shall be permitted to participate in all Committee meetings. Section 12.2 The Joint Labor Management Committee may consider matters raised by either party, including workplace issues, for example, such as training and health and safety.
ARTICLE 13INAPPROPRIATE ASSIGNMENT OF TASKSSection 13.1 The assignment of personal tasks to employees is prohibited.
ARTICLE 14WORKPLACE SEARCHES AND SURVEILLANCESection 14.1 The Employer will not engage in the monitoring or searching of computer files, e-mail, voice mail, networked communications, files, desks, lockers, or other office equipment for personal, non-UAN materials, except as provided in Section 14.2 below. It is understood that an employee who will be out of the office for any reason will leave an appropriate message on his or her voice mail that informs the caller of the employee's absence. In addition, an employee who is out of the office for work-related reasons will check his or her voice mail regularly for work-related messages. Section 14.2 The Employer may monitor and/or search computer files, files, desks, lockers, office equipment, voice mail, electronic mail or other networking communications, when: a. an employee is reasonably suspected of theft; b. the monitoring and/or search is necessary to resolve a technical problem or to assess technical resources;
c. an employee has been disciplined for, or is reasonably suspected of, abuse of the system or equipment, which is the subject of the monitoring and/or search;
d. the monitoring and/or search is undertaken with the object of preventing and/or investigating theft by internal and/or external parties;
e. the monitoring and/or search is undertaken in cooperation with law enforcement officials engaged in an investigation;
f. the Employer has reasonable suspicion that its security has been violated;
g. the Employer has a compelling need to retrieve or ascertain information and the employee is not reasonably available; and/or
h. the Employer is monitoring employee compliance with Section 14.4 of this Article.
Section 14.3 All searches conducted pursuant to this Article will be handled reasonably and without undue embarrassment. Searches will be conducted as confidentially as reasonably possible under the particular circumstances presented. One Union representative and one UAN representative will be present at any search where the purpose of the search is to investigate possible misconduct on the part of an employee. The Employer will inform any employee who has been searched of the fact of the search, except when in the Employer's judgment to do so would compromise the investigation. Section 14.4 Employees may make a reasonable number of local phone calls of reasonable length.
ARTICLE 15
SUBCONTRACTING
Section 15.1 The Union recognizes the Employer’s need to use the services of outside subcontractors, consultants and vendors to provide services or expertise unavailable from the UAN’s Guild-covered employees. The Union also recognizes the Employer’s need to use the services of outside subcontractors, consultants and vendors to augment the work of Guild-covered employees for a period of time not to exceed five (5) months without Guild approval. It is agreed, however, that subcontractors, consultants and vendors shall not perform bargaining unit work, except under the limitations in this Article, and this Article will not be used for the purpose of displacing Guild-covered employees, used to fill jobs vacated by a Guild-covered employee and that no UAN Guild-covered employee will lose his/her job or suffer a reduction in benefits – including overtime pay – as a result of work performed by a subcontractor, consultant or outside vendor. However, if a vacated job is redesigned, nothing in this Article prevents a subcontractor, consultant or vendor from doing a portion of the work formerly included in the vacated job. Section 15.2 UAN will maintain a central file of all subcontracting, consulting, and vendor contracts.
ARTICLE 16HEALTH AND SAFETYSection 16.1 - General Work Environment
a. UAN and WBNG agree that a safe, healthful, and smoke free workplace is in the interest of all employees and other staff. Toward that end, UAN and all employees will take reasonable steps to have a safe and healthful workplace free from recognized hazards.
b. Employees will promptly report to UAN any hazard or potential hazard.
c. UAN will comply with all applicable local, state and federal health and safety laws and regulations.
d. Where specific laws or standards do not exist, UAN will take reasonable steps to ensure appropriate working conditions and to provide for appropriate standards of workplace sanitation, ventilation, cleanliness, light, noise control, heating, air conditioning and air flow.
e. Remedies to problems will not be arbitrarily limited to one group of employees.
Section 16.2 - Security
a. UAN will participate in ANA’s photo identification policy at no cost to employees.
Section 16.3 - Ergonomics
a. UAN will evaluate work stations assigned to employees and other work areas within one hundred twenty (120) days of a work station change, unless there are compelling reasons to do otherwise, attempt to reasonably adapt the work station to the employee by providing appropriate equipment and accessories, including telephone headsets as appropriate.
b. Video Display Terminals
1. UAN will arrange to repair or replace malfunctioning equipment within a reasonable time after the problem is reported.
2. Where appropriate, a VDT will be equipped with a shield designed to reduce glare.
3. Employees will not be required as a normal practice to work on a VDT continuously for more than two (2) hours without a break from working on a VDT.
Section 16.4 - Health and Safety Education Materials
a. Health promotion and illness prevention materials, along with notices posted by UAN and/or WBNG-ASU regarding health-related activities (e.g., blood drives, sponsorship in fitness walks/runs), will be available to UAN and other staff.
Section 16.5 - Healthy Communications
a. Verbal abuse or improper touching by any person employed by UAN will not be tolerated.
Section 16.6 - Time Lines
Section 16.7 - Flu Shots
a. While located in the ANA headquarters, should ANA provide flu shots at its headquarters, UAN will attempt to arrange for UAN employees to participate on an annual basis at no cost to employees. Employees who participate will be required to sign a consent and release form. If UAN does not arrange for UAN employees to participate in ANA’s flu shot program or if an employee needs to get a flu shot earlier or does not work at UAN headquarters, then upon presentation of a dated original receipt, the employee will be reimbursed for the cost of a flu shot, up to a maximum of $25.00 per year.
ARTICLE 17PROBATIONARY PERIODSection 17.1 Each newly hired employee will serve a probationary period of one hundred fifty (150) calendar days. The probationary period will be extended by the number of days of scheduled or unscheduled leave taken by the employee during that period. The probationary period may be extended by agreement between the Employer and the Union. Section 17.2 Early in the probationary period, each probationary employee will meet with his/her supervisor and discuss and agree upon goals for the employee during the probationary period. These goals will be used, along with other criteria, in evaluating the employee’s performance. Each employee will be given a written evaluation of performance within 60-75 days of commencing employment. The evaluation will emphasize the need for ongoing communication between the employee and the supervisor as part of the process of ensuring the successful completion of the probationary period. Once an employee has successfully completed the probationary period, his/her supervisor will have an informal discussion with the employee regarding his/her progress and future goals for his/her professional development. Section 17.3 Upon successful completion of the probationary period, the employee will be credited with seniority from the employee’s original date of employment.
ARTICLE 18TIMEKEEPINGSection 18.1 Employees will keep track of their time in the manner required by the Employer. Prior to changing the time-keeping system, UAN will advise the WBNG of any such changes at a Labor-Management Committee meeting. Employees will keep track of their activities and time devoted thereto as required by the Employer in order to comply with federal law. ARTICLE 19SENIORITYSection 19.1 Seniority will be computed in daily increments, from the most recent date of employment with the Employer. For employees employed by UAN at the effective date of its Autonomy Agreement, whenever length of service is referred to in the UAN-WBNG Agreement, it shall include time spent working for ANA or SNA/CMA. Section 19.2 Seniority will accrue during periods of paid vacation and sick leave and other leaves with pay. Seniority will not accrue during periods of layoff. Section 19.3 Seniority accrual will cease and all accrued seniority will be forfeited when: a. an employee resigns from UAN; b. an employee is terminated for just cause; c. an employee moves into a non-bargaining unit position except for temporary appointments of less than six (6) months duration;
d. an employee on layoff fails to respond timely to a recall notice;
e. the recall rights of an employee on layoff expire;
f. an employee is absent from work for three (3) consecutive work days without notifying the Employer unless the employee had a valid reason justifying the failure to notify UAN;
g. an employee who is discharged and then reinstated by an arbitrator fails to report to work within five (5) work days after the employee’s receipt of notice of reinstatement or within fifteen (15) work days after the Employer sends a notice of reinstatement to the last address furnished to the Employer by the employee, whichever is the later; or
h. an employee, without authorization, fails to return on the next work day following disciplinary suspension.
Section 19.4 An employee whose seniority has been forfeited will be credited for purposes of vacation accrual rate with the seniority he or she had prior to forfeiture and will be re-credited with up to ten (10) days of forfeited accrued sick leave if the employee is re-employed by UAN within twelve (12) months after forfeiture of seniority. Section 19.5 An employee who is permitted by the Employer to return to the bargaining unit from a non-bargaining unit position without any break in UAN employment will be credited for the purposes of vacation accrual rate with the seniority that the employee had prior to leaving the bargaining unit. In addition, the employee will be given seniority credit for purposes of vacation accrual rate for the time worked in the non-bargaining unit position, and will retain any accrued sick leave.Section 19.6 Part-time employees will receive pro-rata seniority. Section 19.7 An employee who has forfeited seniority will not be re-credited with that seniority for any purpose other than vacation accrual rate as set forth in Section 19.4 of this Article.
ARTICLE 20
WORK SCHEDULES
Section 20.1 UAN has the right to determine its hours of operation and location and to establish the “basic work schedule”. Except as provided below and in Article 30, Other Leave, all employees will be scheduled to work the basic work schedule. Any other schedule, including telecommuting and compressed workweek, will be considered an “alternative work schedule”. Section 20.2 UAN and WBNG recognize that in some circumstances, alternative work schedules may serve the interests of both the Employer and employees. UAN and WBNG realize to accomplish the Employer’s mission that a cooperative, collaborative work environment and employee satisfaction are highly important to ensuring effective, quality performance. Section 20.3 Alternative Work Schedules
a. It is UAN’s intention to allow employees who currently work alternative schedules to continue to work those schedules, provided however that UAN retains the right to change an employee’s schedule based on operational considerations.
b. UAN will review any request for an alternative work schedule and provide an answer within fifteen (15) working days. The UAN will review any such request and respond within a reasonable time. Requests shall not be unreasonably or arbitrarily denied, however, are subject to the operational needs of the Employer.
c. Compressed Work Week. It is not the intention of a compressed work week schedule to impede the operational and organizational functions of UAN. Rather it is hoped that a compressed work week schedule will give employees some additional control of their schedules and lives. For a compressed work week program to work it will require the cooperation of employees within a department to insure proper coverage.
1. A fixed schedule must be selected for a period of time at least three (3) months in duration.
2. If a holiday falls on a day off for an employee on a compressed work week, the employee shall receive one day of compensatory time off to be taken at a mutually agreeable date.
3. Sick and/or vacation leave taken during a compressed work week schedule will be taken in accordance with this Agreement. However, leave will be deducted from the respective leave banks for the number of hours that the employee was scheduled to work that day.
4. If a department laptop is available, an employee may check one out for telecommuting purposes.
Section 20.4 UAN will notify WBNG of any change in the basic work schedule.
Section 20.5 For non-exempt employees, all shifts will allow a fifteen (15) minute break per three and one half (3 ½) hours of work, plus an unpaid lunch period of forty-five (45) minutes. At the employee’s option, one of the breaks may be taken immediately before or immediately after the lunch period, so that the employee has, in effect, a one (1) hour lunch period. Neither break may be taken at the very beginning or the very end of the workday.
ARTICLE 21 WORKLOAD Section 21.1 UAN and WBNG agree that workloads will be reasonable and appropriate, but may vary according to circumstances. Section 21.2 An employee who perceives a problem with his/her workload will have an opportunity to address the issue with his/her manager. The manager and the employee will work together to develop a plan to resolve the workload problem. Unresolved workload problems are subject to the Grievance and Arbitration provision of this Agreement.
ARTICLE 22JOB VACANCIES AND TRANSFERSSection 22.1 All vacancies will be posted electronically and on the UAN bulletin board. Such notice will remain posted for a period of ten (10) working days. Applications for the posted position will be made in writing to the appropriate manager within that ten (10) day posting period. Other recruitment activities, including advertising on the outside and interviewing outside candidates, will not begin until after the position is posted. The term “vacancy” includes an opening in an existing position under this Agreement or an opening resulting from the creation of a new position under this agreement. Section 22.2 Job postings will specify the minimum qualifications for the job (e.g., experience, education, certification and skills.) Section 22.3 All qualified internal candidates will be interviewed and considered before external candidates are interviewed and considered. An internal candidate will be notified of any deficiencies in his/her qualifications prior to an external candidate being interviewed and considered. Section 22.4 UAN and WBNG recognize the importance of seniority and the desirability of filling vacancies by promotion of transfer. In filling vacancies, UAN will give due weight to the applicants’ general experience, related job experience, past performance at UAN, UAN training, education, skills, accomplishments, seniority and other relevant factors. UAN recognizes the desirability, where appropriate, of promoting or transferring within the UAN staff. a. Where qualifications of an internal and an external candidate are substantially equal, the internal candidate will be awarded the position.
b. Where the qualifications of two or more bargaining unit employees are substantially equal, the employee with the greatest seniority will be awarded the position.
Section 22.5 Once a position is awarded, except in extraordinary circumstances, the employee will be moved to that position within two weeks. Section 22.6 If an employee is involuntarily transferred to a lower-grade position, the employee will retain the pay rate for the position previously held. The employee’s pay rate will be maintained until the maximum pay rate for the new position exceeds the employee’s current pay rate. This subsection does not apply to disciplinary demotions.
Section 22.8 UAN will consider any request by an employee within the first month of the probationary period to return to the position from which he/she was promoted or transferred. In the event that the UAN agrees to the return, the employee will receive the salary that he or she would have received had he/she not be promoted or transferred. Section 22.9 If an employee is temporarily assigned for more than one (1) week to higher graded vacant position or to a higher graded position of another employee who is on extended leave, the employee will receive the rate of pay applicable to the temporary position. If the assignment is to a lower graded position, the employee will continue to be paid at his/her applicable rate. If an employee is temporarily assigned for more than one (1) week to a vacant non-bargaining unit position or to a position of a non-bargaining unit staff member who is on extended leave, the employee’s pay rate will be determined by agreement between UAN and the WBNG. Section 22.10 Headquarters based employees shall not be required to transfer away from the headquarters without their consent.
ARTICLE 23DISCIPLINE AND DISCHARGESection 23.1 The Employer has the right to discharge, suspend, or otherwise discipline any employee for just cause. Just cause shall include the failure to perform at the level of competency and application needed to do a good job in the position held. Section 23.2 All discipline shall be in writing. A copy of all disciplinary letters and memos shall be provided to the Union. Section 23.3 No discipline shall be administered unless the employee has been offered an opportunity to have a Union representative present. Section 23.4 Generally, counseling between supervisors and employees will take place before written discipline. Attendance at counseling sessions will be limited to the employee and supervisor. Counseling is not discipline, and the Employer shall not rely upon counseling sessions in any future discipline. Section 23.5 Discipline shall be administered as soon as is practicable after discovery of the incident or situation for which the employee is being disciplined. Disciplinary sessions shall include discussion related to how the employee can improve his or her performance. Where appropriate, training and an improvement program will be offered or required. Discipline will be progressive and corrective in nature rather than punitive. However, the parties recognize that in some circumstances misconduct will be such that immediate discharge without prior warning is warranted. Section 23.6 Written discipline generally will be given in a meeting with the supervisor, the employee and a Union representative present, if so requested by the employee. Section 23.7 All notices of discipline imposed on an employee will be included in the employee’s personnel file. Written discipline will be removed from the file twelve (12) months after the date of the discipline.
ARTICLE 24GRIEVANCE PROCEDURE
Section 24.1 A grievance is an allegation by the Employer, Union, or one or more employees that there has been a violation of a provision of this Agreement, or that UAN has failed to comply with its own work rules or policies. All grievances shall identify the specific issues being grieved, and when applicable, the Article or Articles of this Agreement involved and set forth in detail the specific nature of the alleged violation and the remedy requested. No grievance shall be denied merely because the Union, through typographical error, failed to state the correct Article or Articles of the Agreement involved. Section 24.2 The Employer and the Union agree that it is in the interest of both parties for grievances to be raised promptly and resolved informally whenever possible. To that end, an employee who has a complaint that involves the interpretation of the provisions of the Agreement or the UAN’s compliance with its own work rules or policies, must attempt to first discuss and resolve the matter with his or her immediate supervisor prior to filing a written grievance. Section 24.3 Any grievance must be filed by an employee or the Union in writing with the Executive Director within thirty (30) calendar days after the date on which the employee knew or reasonably should have known of the fact(s) or event(s) upon which the grievance is based. Within fifteen (15) calendar days after the filing of the grievance, the Executive Director or her designee will meet with the employee and one (1) rank-and-file Union representative and/or a WBNG representative in an attempt to resolve the grievance. Within fifteen (15) calendar days of the meeting, the Executive Director or her designee will provide the employee with a written response, a copy of which shall be provided to the Union. Section 24.4 If the grievance is not resolved in this fashion, the Union or the Employer will have the right to submit the grievance to arbitration. Notice of an intent to arbitrate must be given within thirty (30) calendar days following the denial of the grievance. The parties will attempt to mutually agree to a neutral arbitrator to hear the case. If they are unable to agree on an arbitrator, they will select one from a panel provided by the Federal Mediation and Conciliation Service. Section 24.5 It is agreed by the parties that arbitration should be a quick, informal and inexpensive means of resolving disputes. Therefore, the parties agree that any arbitration hearing shall be conducted without creating a stenographic record and without submitting written briefs. Each side will be entitled to make a closing oral argument following the completion of the testimony in the arbitration hearing. The arbitrator will have up to thirty (30) days to issue a decision and is specifically empowered under the terms of this Agreement to enter a bench decision if he or she believes that it is appropriate. The parties will split the costs of the arbitrator. Section 24.6 Grievance and arbitration hearings will be handled during regular work hours with no loss of pay to the WBNG rank-and-file representative and the grievant(s). Employees needed to testify at an arbitration hearing shall be granted paid administrative leave. ARTICLE 25LAYOFF AND RECALLUAN and WBNG agree that layoffs are to be avoided if at all possible and only to be used as a last resort. Retraining of employees to be laid off is desirable in order to retain them. In the event of financial or operational necessity, the following procedures for layoff and recall will apply: Section 25.1 UAN will provide annually to WBNG a list of budgeted bargaining unit positions by department and name of incumbent. The list will include vacancies and posted positions. Section 25.2 In the event that the Employer determines that a reduction in the workforce is necessary, The Employer will determine by seniority, based on its operational needs, which jobs and/or positions are to be affected. Section 25.3 The Employer will give the Union and the affected employees sixty (60) calendar days written notice of any planned reduction in the workforce, elimination of positions and/or downsizing, specifying the number of employees and the names and titles of the employees. Upon request, WBNG will have the opportunity to suggest alternative actions. Section 25.4 The Employer, at its option, may reduce or eliminate the notice period for the affected employees and, in lieu of notice, pay the employee his or her regular salary for the period by which the notice is reduced. Section 25.5 If the Employer gives an employee pay in lieu of notice, it will be paid in a lump sum, and the employee will cease to be an active employee as of the end of the last day actually worked. If the employee chooses to continue health care coverage under COBRA for the period of time corresponding to the period of pay in lieu of notice, the Employer will pay the amount of the Employer's share of the premium, to be applied to the COBRA payment. Section 25.6 An employee who receives a notice of layoff will have the right to bump a less senior person in the same or lower grade, provided that the bumping employee has the qualifications and specialty expertise required for the job or can become qualified with training appropriate to the job and to UAN’s operational needs within forty-five (45) days. Notice of intent to exercise the right to bump must be given to UAN not later than five (5) days after the employee received the notice of layoff. UAN will immediately notify the bumped employee. Section 25.7 Reduction in Hours – When UAN determines, as a result of business or operational need, that a reduction in hours is necessary, the following procedures will apply: a. UAN will make reasonable and ongoing efforts to find additional work for the employee affected to work a full time schedule. The replacement work will be performed at the same grade and salary as the employee is currently receiving.
b. If the replacement work is not acceptable to the employee, the employee may choose to terminate employment at the UAN and receive any applicable severance pay provided under this Agreement or the employee may continue to work a reduced schedule.
c. The UAN shall only use this clause where required by legitimate business or operational needs.
Section 25.8 Employees will remain on layoff status for up to one (1) year from the effective date of the layoff, which will be the date that the employee separates from active employment with UAN. Employees will have recall rights for the period of time that the employee is on layoff status. An employee on layoff is responsible for ensuring that the Employer has his/her current address. Section 25.9 In the event that the Employer decides to refill a position, it will offer the position to the most senior employee on layoff status in the same classification who, in the judgment of the Employer, has the ability and qualifications to fulfill the duties of the position. Section 25.10 The Employer will send the notice of recall to the last address provided by the employee. If the employee wishes to accept the recall offer, he or she must so notify the Employer within ten (10) calendar days following the receipt of the notice of within twenty (20) calendar days following the mailing of the notice, whichever comes first. An employee wishing to accept a recall must be available to return to the Employer within fifteen (15) calendar days of the employee's acceptance of the recall, unless the Employer agrees to a longer period of time. The employer will not withhold such agreement unreasonably. Section 25.11 An employee who declines a recall offer will forfeit his/her seniority and rights to any future recall, and the employee's employment relationship with the Employer will be terminated. Section 25.12 Any employee on layoff who so requests in writing will be sent written notice of all posted bargaining unit vacancies at UAN and may apply for any such vacancy, so long as he/she does so within twenty (20) working days of the posting.
ARTICLE 26PERFORMANCE EVALUATIONSSection 26.1 It is the intent of the UAN and the WBNG to have an ongoing employee performance evaluation process. Section 26.2 Probationary employees will receive evaluations as provided under Article 17 of this Agreement. Section 26.3 All employees who have completed their probationary period will receive a written evaluation at least once a year. As part of the yearly evaluation process, each employee and his or her supervisor will discuss and agree upon goals for the employee for the following year. These goals will be used, along with other criteria, in evaluating the employee’s performance. Section 26.4 UAN will continue to use its existing written performance evaluation form and procedures. Written evaluations will be discussed with each employee. Each employee will receive a copy of the evaluation and sign the evaluation form to indicate that he/she has read it. In addition, each employee will have the opportunity to make a written response to the evaluation. Both the evaluation and the response to it shall be placed in each employee’s personnel file. Section 26.5 Unsatisfactory areas of an employee’s evaluation shall be discussed by the supervisor with the employee who shall jointly develop an improvement plan, including, where appropriate, additional training strategies. The improvement plan shall specify time lines in which necessary improvement is to occur and provide for opportunities for feedback and reevaluation. Evaluations are not subject to the grievance and arbitration procedure. If the Employer imposes discipline on an employee based on conduct described in the evaluation, such discipline may be subject to the grievance and arbitration procedure.
ARTICLE 27VACATIONSection 27.1 Full-time employees working under this Agreement will accrue vacation at the following rates: a. Date of hire through 24 months of service – 15 days per year b. 25 months through 48 months of service – 18 days per year c. More than 48 months of service – 22 days per year For employees employed by UAN at the effective date of its Autonomy Agreement in July, 2003, time spent working for ANA or an SNA/CMA will be counted as months of service for determining the rate of vacation accrual and for the purposes of Section 27.3. Vacation is accrued on a per pay period basis. Part-time employees covered by this Agreement who work on a continuous basis for twenty (20) hours or more each week will accrue vacation at the rates listed above multiplied by the ratio of hours worked by the part-time employee to the number of hours in the regular work week. Section 27.2 Vacation cannot be used until it is accrued. Vacation accrued during one calendar year must be used by the end of the next calendar year or be forfeited. Should an employee be unable to use vacation due to work-related obligations, the employee may request, in writing, an extension of time, not to exceed three months, in which to use the vacation. This request must be presented to the Executive Director or her designee for approval. Approval will not be unreasonably withheld. If written approval is not obtained, the vacation is forfeited. Section 27.3 Employees should schedule vacation as far in advance as possible. Whenever possible, an employee will submit a vacation request in writing at least thirty (30) days in advance of the requested vacation. The Employer may deny a request for vacation for operational reasons. If more than one employee requests vacation for the same day and operation reasons preclude the granting of all of the requests, the request(s) will be granted in order of seniority. Section 27.4 In the event that an emergency work situation requires an employee to reschedule a previously approved vacation, the Employer will reimburse the employee, any employee's spouse, domestic partner and children who is/are traveling with the employee for the cost of any non-refundable hotel or transportation deposits, fees or tickets, upon satisfactory proof of loss. Section 27.5 Employees will not be paid in lieu of taking vacation, except upon termination of employment. Section 27.6 Employees on any unpaid leave status will not accrue vacation. Section 27.7 Vacation used does not count as time worked in calculating overtime for the week.
ARTICLE 28SICK LEAVESection 28.1 The Employer and the Union encourage employees to accumulate sick leave so that it is available in the event of a long illness. Section 28.2 Full time regular employees will accrue sick leave at the rate of one (1) day for each completed calendar month of service. Part-time employees working on a continuous basis for twenty (20) or more hours each week will accrue sick leave at the rate of one (1) day for each completed calendar month of employment, multiplied by the ratio that the part-time employee's weekly schedule bears to the regular work week. Bargaining unit employees employed by UAN in July 2003 who were employed by ANA as of June 30, 2003, were granted a beginning sick leave balance equal to 50% of the accrued sick leave balance that they had earned and not used with ANA through the pay period ending June 27, 2003, on their first day of employment with UAN. Section 28.3 Sick leave may be accumulated up to a maximum of one hundred and fifty (150) days. Section 28.4 An employee's accumulated sick leave is not compensable upon the employee's separation from employment, regardless of the reason for said separation. Section 28.5 Employees on any unpaid leave status will not accrue sick leave. Section 28.6 Employees will notify the Employer of every absence due to sick leave use. The Employer reserves the right to contact an employee who is on sick leave. Section 28.7 Medical documentation may be required for absences longer than five (5) days, or for shorter absences if the Employer reasonably suspects an employee is abusing sick leave. Section 28.8 An employee may use sick leave for illness, injury, doctor and dentist appointments, or for treatment of the employee or the employee's dependent child. When sick leave is used for non-emergency medical appointments or treatment, the employee will arrange for sick leave with his/her supervisor well in advance of the appointment or treatment. Section 28.9 A personal illness of three (3) or more calendar days, all of which occur during an employee's vacation, and which is substantiated by a written statement from the employee's doctor, may be charged to sick leave at the option of the employee. Section 28.10 Sick leave use does not count as time worked in calculating overtime for the week. Section 28.11 Once an employee's sick leave has been exhausted, any additional sick leave will be charged against the employee's vacation. Once all leave has been exhausted, any additional time off will be without pay. Section 28.12 Sick Bank a. The Sick Bank will be a depository of sick days voluntarily donated by employees (participants) from their individual accounts. The Sick Bank may be used by participants in the event of a serious illness or injury that results in their long-term absence from work.
b. A participant in the Sick Bank may donate up to a maximum of six (6) days total of sick leave and/or vacation each year to the Sick Bank. Newly hired employees may donate leave within ten (10) working days following the completion of their probationary period. c. In order to be eligible to receive sick leave from the Sick Bank, a participant must have donated leave to the Sick Bank during the calendar year.
d. A participant in the Sick Bank who has depleted his or her accrued sick leave, annual sick leave, and any other accrued paid leave, and who needs additional sick leave as a result of a serious illness or injury, may request leave from the Sick Bank up to a maximum of the number of days needed to reach eligibility for long-term disability benefits. A request for Sick Bank days must be made in writing and be accompanied by a letter from the participant’s physician or advanced practice nurse verifying the seriousness of the illness or injury. The verification will be subject to review and further verification by a physician or advanced practice nurse appointed by the Labor-Management Committee to perform the function at no cost to the participant.
e. The members of the Labor-Management Committee will administer the Sick Bank and will have complete discretion regarding the number of Sick Bank days to be allotted to any individual provided that the amount does not exceed the limit specified in subsection (d) above.
f. The maximum number of leave days in the Sick Bank at any one time will be two hundred and fifty (250). However, this maximum balance shall be exceeded if necessary to ensure that no participant is denied to opportunity to donate one (1) day in every calendar year. UAN will notify WBNG quarterly of the balance in the Sick Bank. As of the effective date of this Agreement, UAN will donate twenty (20) days of sick leave to the Sick Bank.
ARTICLE 29
HOLIDAYS
Section 29.1 The following days are paid holidays:
Martin Luther King, Jr.'s Birthday President's Day Memorial Day Independence Day Friday prior to Labor Day Labor Day National Presidential Election Day Thanksgiving Day Friday following Thanksgiving Day December 25 through January 1
Section 29.2 If a paid holiday falls on a Saturday, the holiday will be observed the preceding Friday. If a paid holiday falls on a Sunday, the holiday will be observed the following Monday. This section does not apply to the holiday period from December 25 through January 1. Section 29.3 If a paid holiday occurs while an employee is on vacation leave, the holidays will not be charged against accrued vacation. Section 29.4 In order to receive holiday pay, employees must work the regularly scheduled hours, or be on vacation, sick leave, bereavement leave or jury duty leave, on the day preceding and the day following the holiday. Section 29.5 Part-time employees will receive holiday pay only for holidays on which they would normally be scheduled to work, and only for their regularly scheduled hours. Section 29.6 Paid holidays on which the employee does not work do not count for purposes of calculating overtime for the week. ARTICLE 30OTHER LEAVESection 30.1 Jury Duty. An employee called up for jury duty will be allowed the necessary time off to perform this civic duty. During the course of jury duty, the employee will report for work on any day, or portion thereof, when the services of the employee are not required in court. The employee will be paid his/her regular wages while on jury duty and will remit promptly to the Employer the amount of jury duty pay less actual parking and travel expenses received for such time. Section 30.2 Bereavement Leave. An employee is entitled to bereavement leave for up to five (5) working days with pay for the death of a member of the immediate family. For purposes of this Section, "member of the immediate family" is defined as spouse, domestic partner, parent, stepparent, parent-in-law, child, stepchild, grandchild, grandparent, brother, stepbrother, sister, stepsister, daughter-in-law, son-in-law, or individual who resides in the employee's household. A part-time employee who works on a continuous basis for more than twenty (20) or more hours each week is also entitled to bereavement leave of up to five (5) consecutive days. The part-time employee will be paid for the time that he or she is regularly scheduled to work during such leave. Section 30.3 Military Leave. a. Reserve Training. 1. Employees who have short-term military reserve training obligations will be granted reserve military training leave for up to two (2) weeks (10 working days) each year. Such leave will granted in addition to the employee's regular vacation.
2. For reserve military training leave in excess of ten (10) working days each year, employees are permitted to use paid vacation time.
3. Employees who are required to participate in military reserve training must submit a written request for reserve training military leave to their supervisor thirty (30) days in advance of such leave. Employees will consider the Employer's programs and activities schedules to take place during his/her leave, and will work with his/her immediate supervisor to ensure that the responsibilities of his/her position are covered during this absence.
4. Reserve training military leave normally will start no earlier than two (2) days in advance of the start of training and end within two (2) days following the end of training. The employee must report to work at the beginning of the next regularly scheduled work day after the last calendar day necessary to travel from the place of training to the place of employment, or within a reasonable time thereafter if he or she is delayed due to factors beyond his or her control.
5. Employees who are granted reserve training military leave will be paid the difference between the amount that they receive from the Government for this training (less travel allowance) and their regular salary. Employees who are on reserve training military leave must provide the Employer with a statement from the Commanding Officer as to the length of the training and the amount of money received (less travel allowance) for the period of training.
6. Employees who are granted reserve training military leave will continue to participate in the insurance plans and will continue to accrue vacation and sick leave at their normal rate while on reserve training military leave.
b. Active Duty.
1. Employees who are called to active duty with the U.S. Armed Forces will be granted an active duty military leave for the duration of their active duty.
2. Employees who are called to active duty must present a copy of their orders to the Executive Director as soon as possible upon receipt. The active duty military leave will begin on the date the employee is required to report for duty. 3. Employees will receive wages from the Employer in the amount of the difference between their UAN wages and their military wages for the first ninety (90) days of their active duty military leave. Employees on active duty leave will provide UAN with a statement from the Commanding Officer as to the amount of money received (less travel allowance) for the period of active duty. After ninety (90) days, no wages or benefits will be paid by the Employer.
4. Employees must apply for re-employment within ninety (90) days of discharge from active duty. Employees must provide a copy of their discharge papers at the time of application for re-employment. Within thirty (30) days of such application, employees will be placed in the same or comparable position.
5. The period of active duty leave will be included in the calculation of seniority for competitive purposes and for purposes of vacation accrual rate. In addition, employees who are re-employed under this Article will be recredited will all sick leave accrued as of the ninetieth (90 th) day of active duty.
Section 30.4 Family or Medical Leave
a. Employees who have been employed for one (1) year without a break in service (except for regular holidays, sick leave, vacation leave or other leave granted by the Employer) and who have worked at least one thousand (1,000) hours during the twelve (12) month period immediately preceding the request, are eligible for family or medical leave for any of the following reasons: 1. Birth or adoption of a new child;
2. Serious health condition of the employee; or
3. Serious health condition of the employee's child (biological, adopted, foster, or step), parent, spouse or domestic partner.
b. Documentation
1. The qualifying event must be substantiated by written statement(s) from an appropriate authority, e.g. health care provider, adoption agency, etc. For family and medical leave requested in connection with a serious health condition, the statement(s) must provide information indicating the date the health condition commenced, the probable duration of the condition, appropriate medical facts that would entitled the employee to take sick leave, that the employee is unable to perform the functions of his or her job, or in the case of caring for a dependent family member, the estimated amount of time that the employee is needed to care for the dependent family member.
2. The Employer, in its discretion, may require an employee on family medical leave to obtain subsequent recertification on a reasonable basis attesting to the employee's continued disability and inability to work or to the employee's continued need to care for the ill family member.
3. The Employer may request appropriate medical certification issued by the employee's health care provider before the employee is permitted to return to work from medical leave.
c. Eligible employees are entitled to sixteen (16) weeks of family or medical leave during a twelve (12) month period and twelve (12) weeks in a second twelve (12) month period. The calculation of these time periods will begin to run on the first day of the first family or medical leave taken by the employee.
d. Employees on family or medical leave will use leave in the following order
1. If the leave is due to a new birth or adoption, three (3) weeks of new parent leave, which shall be paid as administrative leave;
2. Any accumulated comp time, if applicable;
3. Other paid leave, i.e. vacation and sick leave in whichever order the employee chooses; 4. Leave without pay.
e. Requests for family or medical leave must be submitted in writing to the Executive Director.
f. An employee on family or medical leave will retain his or her accrued seniority.
g. All medical and dental insurance benefits will continue during family or medical leave absences provided the employee continues the regular employee contributions to these plans. Other benefits will be governed in accordance with the terms of each benefit plan.
h. Fulltime employees returning to work after leave due to a new birth or adoption of a child may return to work on a part-time basis for no less than three days per week for the three months after return. The employee must give notice of his/her intention to work part-time at least six weeks before the expiration of his/her leave. The employee’s salary will be pro-rated and his/her pension will be calculated on actual compensation. All other benefits, except health benefits, will be calculated as specified in this Agreement for part-time employees. During this three month period of part-time work, a returning employee will continue to receive all medical and dental insurance benefits as if he/she were working fulltime provided the employee continues the regular employee contributions to these plans. The employee shall give no less than four weeks notice of his/her desire to change his/her status.
Section 30.5 Leave Without Pay. All use of leave without pay must be approved. Requests for leave without pay will not be unreasonably denied.
Section 30.6 Leave of Absence Without Pay.
a. UAN, in its discretion, may grant an employee a leave of absence without pay for a maximum period of six (6) months. Requests for a leave of absence without pay will not be denied unreasonably.
c. Employees on a leave of absence without pay for any other reason will not be entitled to any benefits paid for by UAN. To the extent that any such employee wishes to continue his or her health insurance coverage, the employee may do so at his or her own expense.
d. UAN will hold open the job of an employee on a leave of absence without pay under this Section. UAN may use a temporary employee for the full period of such a leave of absence without pay.
e. Before taking a leave of absence without pay under this Section, an employee must have used all of his or her accrued sick leave, annual leave, and any other accrued leave.
Section 30.7 Administrative Leave.
a. When the Federal Government is closed for weather or other unusual circumstances, paid administrative leave will be given to all UAN employees. If the Federal Government delays opening or closes early, all UAN employees will be paid administrative leave for the delay or early closing. On Federal Government liberal leave days, employees may charge the time to accrued vacation.
b. The Employer, in its discretion, may grant administrative leave in other circumstances.
ARTICLE 31SEVERANCE BENEFITSSection 31.1 Employees who are laid off will be entitled to severance pay according to the following chart:
Section 31.2 If a laid off employee exercises his or her recall rights and returns to employment at UAN during a period for which severance benefits have been paid, the employee will reimburse the employer for that portion of the severance pay corresponding to the number of weeks remaining in the severance period. Section 31.3 Severance pay will be paid in a lump sum and the employee will cease to be an active employee as of the end of the last day actually worked. Section 31.4 The Employer will afford employees the opportunity to continue health insurance at their expense in accordance with the provisions of COBRA. The Employer will pay the COBRA premium for laid off employees in accordance with the following schedule, unless the employee obtains insurance through a new employer: Employees with less than two (2) years 2 months Employees with more than two (2) years but less than six (6) 3 months Employees with six (6) years or more 4 months Section 31.5 In the event of the death of an employee entitled to severance pay, the employer will make the severance payment to the estate of the deceased employee, unless the employee had designated a beneficiary to the Employer in writing, in which even the payment will be made to such beneficiary. Section 31.6 Except where the termination or resignation in lieu of termination is based on egregious misconduct, an employee with at least 12 months of UAN service who is terminated or elects to resign in lieu of termination will be entitled to two (2) weeks of severance pay. The Employer will not pay COBRA premiums for such an employee. ARTICLE 32
EMPLOYEE ASSISTANCE PROGRAM Section 32.1 While located in the ANA headquarters and permitted by ANA to participate in ANA’s ongoing Employee Assistance Program (EAP), UAN will continue to offer the ongoing Employee Assistance Program (defined as a professional short-term counseling service offered to employees which includes assessment, information, outside referral and monitoring), which will be administered by ANA and conducted by a qualified professional contractor. Section 32.2 UAN will maintain confidentiality of any and all records or reports that contain information on individual employee referrals to the EAP. Information as to the individual employee will not be made available to managers, supervisors, or directors without the consent of the employee except as necessary to monitor compliance with any treatment program.
ARTICLE 33
TRAVEL AND BUSINESS EXPENSES
Section 33.1 All employees have a responsibility to conserve UAN resources and make every effort to minimize travel expenses. Travel time will be considered in the work schedule to minimize long work days. Section 33.2 UAN will reimburse employees for reasonable travel and business expenses. Section 33.3 Travel Advances
a. Requests for travel advances will be submitted to the Executive Director or her designee.
b. Requests for travel advances must be limited to $2,000.
c. Where feasible, employees will request travel advances at least two (2) weeks before departure.
d. UAN will grant only travel advances that are requested timely.
e. No travel advance will be granted to an employee who is delinquent in submitting a request for reimbursement for prior expenses. Receipts and/or records for all travel advances must be submitted by December 4th of each calendar year so that all travel advances can be reconciled to a zero balance by December 31st. Any outstanding advances for which receipts and/or records have not been submitted by December 4 th will be deducted from the last paycheck of the year.
Section 33.4 Request for Reimbursement
a. Absent extenuating circumstances, all requests for travel and business expense reimbursement must be submitted within four (4) weeks after the expense is incurred. Failure to submit a timely request for reimbursement may be grounds for denial.
b. Reimbursement payments generally will be made no later than three (3) weeks following submission of the request to accounts payable after signature by the employee and approval by the Executive Director or her designee. Section 33.5 Travel and Accident Insurance
UAN will provide travel insurance for all employees who travel on UAN business except when traveling in aircraft operated, owned or leased by the employee or in other noncommercial aircraft. Section 33.6 Lodging
a. Whenever possible, employees should stay in hotels with which UAN has negotiated special rates, which, whenever possible, will be union hotels.
b. Where two (2) or more employees are traveling, single rooms shall be the rule, but double room accommodations may be requested by the employees.
Section 33.7 Telephone Charges
a. Employees will be reimbursed for documented telephone expenses that are related to UAN business purposes.
b. When an employee is away from home overnight, the employee will be provided with either a cell phone or a pre-paid telephone card for use for UAN business related calls and be allowed to use either the cell phone or the pre-paid telephone card to make up to 20 minutes of personal phone calls per day.
Section 33.8 Miscellaneous
Reasonable photocopying, postage, and other miscellaneous business-related expenses required in the course of conducting UAN business will be reimbursed. Section 33.9 Per diem
When employees are away from home overnight, employees shall be paid the current federal per diem rate to cover the cost of meals, tips, and laundry and dry cleaning expenses and UAN will pay for an employee’s hotel room and tax. On travel days connected with an overnight stay, employees will be paid full federal per diem, unless they are not traveling during or away during a meal period. In that case the meal allowance portion of the per diem for that meal will be subtracted from the per diem they receive – 15% of the federal per diem for breakfast, 25% for lunch and 50% for dinner. Employees on travel six (6) or more consecutive days will receive an additional ten dollars ($10) per day retroactive to the first day. This ten dollars ($10) is taxable to the extent the law requires. Section 33.10 Local Travel
a. Travel to and from the meeting location will be reimbursed. On the weekdays employees will be reimbursed from UAN as the point of origin and return. On weekends and holidays, the employee’s home will be used as the point of origin and return. b. An employee assigned to work at a conference or meeting sponsored by UAN off premises who does not stay away from home overnight, will receive part of the meal allowance portion of the federal per diem if the employee is assigned to the conference or meeting at the time normally associated with a meal and UAN does not provide food for that meal or the employee’s duties prevent the employee from eating the meal provided by UAN. Employees will receive 15% of the federal per diem for breakfast, 25% for lunch and 50% for dinner. Section 33.11 Business Meals and Entertainment
If the expenses are approved in advance by the Executive Director or her designee, the employee will be reimbursed for reasonable meal and entertainment expenses paid for by the employee who is hosting official UAN business. Section 33.12 Proper Documentation All requests for reimbursement of twenty dollars ($20.00) or more must be accompanied by original receipts.
Section 33.13 Transportation
a. All transportation arrangements must be made through American Nurses Travel Service or such other travel agent(s) or arrangements as may be designated by UAN.
b. Airfare penalties will be reimbursed if travel plans must be changed due to UAN business.
c. Air/Rail Travel. Travel will be in coach, economy class or the lowest practical fare readily available using the most direct route.
d. Personal Car Travel. Employees who use their own car for UAN business travel will be reimbursed at the current federal per mile rate.
e. Car Rental. Car rental for UAN business travel must be approved in advance. The class of car should be the most economical consistent with trip requirements.
f. Ground Transportation/Limousine/Taxi (Local and Remote). Whenever possible employees will use the least expensive type of ground transportation available.
g. Parking Fees and Tolls. UAN will reimburse employees for necessary parking fees and tolls.
h. Emergencies. If an employee must return home in the event of an emergency that has been reported to the Executive Director or her designee, UAN will cover any added expense.
ARTICLE 34
METROCHEK
Section 34.1 Effective no later than eight weeks after this Agreement is ratified and signed, UAN will make Metrochek available to employees, who may use it at their own expense using pre-tax dollars.
ARTICLE 35
MOVING EXPENSES
Section 35.1 Any employee who UAN requires to relocate is eligible for reimbursement of certain expenses incurred as a result of relocation from his or her residence. Section 35.2 Travel
a. The employee can elect either of the following:
1. Air Transportation. UAN will pay for the employee and his or her legal dependents, including the employee’s spouse or domestic partner, at coach airfare for the most direct route to the new residence from the former residence plus cab fare at both ends of the trip. All transportation arrangements must be made through American Nurses Travel Service or such other travel agent(s) or arrangements as may be designated by UAN.
2. Ground Transportation UAN will pay the sum of (a), (b) and (c), below, to the extent the sum does not exceed the sum in Section 41.2.a(l), above.
(a) Mileage. UAN will pay mileage at the Federal mileagereimbursement rate in effect at the time of the trip for the number of miles required to drive between the former and new residences using the most direct route.
(b) Accommodations. UAN will pay for accommodations if the trip exceeds 500 miles. The accommodations will be paid at actual out-of-pocket cost not to exceed one hundred dollars ($100.00) per night with a maximum of three (3) nights.
(c) Food. UAN will pay a food allowance of fifty dollars ($50.00) total per day for the employee and legal dependents, including the employee’s spouse or domestic partner.
b. After the employee’s arrival at the new residence, UAN will not pay reimbursement for any additional hotel, transportation, food or other costs while the employee seeks permanent housing.
c. In order to be reimbursed for eligible expenses, the employee must complete a travel reimbursement form and submit any airline ticket receipts or other required documentation to the Executive Director or her designee for approval.
Section 35.3 Moving and Storage Expenses
a. Subject to the limitations described in Section 41.3.e, below, UAN will pay for the cost of moving household goods, including the cost of transporting one (1) automobile.
b. The employee is responsible for obtaining two (2) bids from moving companies, or if the employee wishes to self-move, one (1) bid from a moving company and the proposed costs of the self-move.
c. UAN has the right to choose between the two (2) bids, including choosing the least expensive bid. UAN also has the right to reject both bids and contract directly with a third moving company.
d. Any reimbursement to an employee will be based upon submission of appropriate documentation.
e. The sum of all moving and storage expenses will be limited to:
1. Three thousand dollars ($3,000.00) for relocations of less than 1,000 miles; or
2. Five thousand dollars ($5,000.00) for relocations of more than 1,000 miles.
Section 35.4 If an employee voluntarily leaves UAN prior to the completion of one (1) year of continuous service after the relocation, the employee must reimburse UAN on a prorated basis for all transportation and moving expenses paid under this Article. Section 35.5 This Article does not apply to any relocation of UAN of its headquarters within a fifty (50) mile radius of Washington, D.C.
ARTICLE 36
COMPENSATION
Section 36.1 Wages
a. 2005 1. Effective ________(the first pay period after ratification of this Agreement) each current employee who has completed more than one (1) year employment in the bargaining unit will receive a 2% increase to his/her regular rate. 2. Employees with less than one (1) year of service shall receive a prorated increase. b. 2006 1. Effective March __, 2006 (the first full pay period on or after March 15, 2006), each current employee who has completed more than one (1) year of employment in the bargaining unit will receive a 4% increase to his/her regular rate.
2. Employees with less than one (1) year of service shall receive a prorated increase. c. 2007 1. Effective March ______, 2007 (the first full pay period on or after March 15, 2007), each current employee who has completed more than one (1) year employment in the bargaining unit will receive a 4% increase to his/her regular rate.
Section 36.2 Overtime for Non-Exempt Employees
a. Whenever operational demands require, UAN has the right to require employees to work overtime.
b. Whenever possible, UAN will notify the employee at least twenty-four (24) hours in advance of required overtime.
c. An employee in a position that is governed by the overtime requirements of the Fair Labor Standards Act (“non-exempt employee”) will be paid overtime at the rate of one and one-half (1 1/2) time the employee’s regular hourly rate for all hours worked in excess of 36.25 hours in a workweek.
d. A non-exempt employee required to work overtime on a Sunday or on a holiday will be paid double time at the rate of two (2) times the employee’s regular hourly rate.
e. Except as provided below, overtime generally must be approved in advance by the employee’s immediate supervisor or his or her designee.
f. In unanticipated circumstances in which obtaining such prior approval is not feasible, an employee may self-determine to work extra hours. In such situations, the employee must notify the supervisor the following day. Any unreasonable use of self-determined overtime may result in disciplinary action.
Section 36.3 Travel Time by Non-Exempt Employees
a. A non-exempt employee will be paid for travel time if the employee is required to travel outside of the scheduled day or the scheduled workweek.
b. Travel time excludes ground transportation to and from home and airport, but includes travel to and from airport and hotel.
c. If a non-exempt employee is afforded time to travel during the scheduled work day or scheduled work week and elects to travel in the evenings or on weekends, the employee will not be paid for such travel time.
d. Travel time between a non-exempt employee’s home and a local event is not work time.
e. Should UAN provide a non-exempt employee with a hotel room in connection with an event:
1. Transportation to and from hotels and meetings at the beginning and end of the work day at an event is not work time; and
2. The work day begins when the employee reports to his or her assigned area(s) and begins work as scheduled.
Section 36.4 Weekend and Holiday Work for Exempt Employees. When an exempt employee is assigned to work on a Saturday, Sunday or holiday, the employee will be entitled to take time off on a day-for-day basis.
Section 36.5 New Positions. If UAN redesigns a job or creates a new job within the bargaining unit, UAN shall notify the Guild and the parties shall negotiate a new hire range. If agreement cannot be reached UAN may implement the new hire range while the dispute is pending expedited arbitration.
Section 36.6 New Hires. Starting salaries for new hires will be determined by the hiring range of the job being filled (see Appendix B), the individual’s qualifications for the job and the salary relationship to other employees in jobs in that hiring range. Starting salaries for individuals with the required minimum qualifications should be between the minimum and the 25 th percentile of the hiring range. Starting salaries for individuals with directly related qualifications over and above the minimum qualifications may be over the 25 th percentile up to the midpoint. Starting salaries for prospective employees who possess special expertise or are in areas that are in scarce supply in the marketplace may be higher than the midpoint of the hiring range. If this would cause internal equity problems in relation to the salaries of current employees in the same job with similar expertise and experience and whose performance is satisfactory, the salary of the current employee(s) will be adjusted upward.
ARTICLE 37PENSIONSection 37.1 UAN employees who are scheduled to work at least one thousand (1,000) hours per year are eligible to participate in the UAN Retirement Savings Plan (the “Plan”) as of the first day of the calendar quarter following their date of hire. Employees who are not scheduled to work at least one thousand (1,000) hours per year must work at least one thousand (1,000) hours within a specified twelve month computation period in order to be eligible to participate in the Plan. If they do work one thousand (1,000) hours within the twelve month computation period, they will be eligible to participate in the Plan as of the first day of the calendar quarter following the computationemployees are not eligible to participate in the Plan no matter how many hours they work. Section 37.2 The UAN will make an employer contribution to the Plan of ten percent (10%) of each employee’s annual compensation. The UAN will make an additional employer contribution to the Plan in the amount of 5.7 percent (5.7%) of the portion of an employee’s compensation that exceeds the Social Security Wage Base (as adjusted annually). Section 37.3 Employees may elect to make salary deferral contributions to the Plan, up to the maximum amount permitted by law. Employees may change their deferral amounts on a quarterly basis. Section 37.4 Employees shall be fully vested in the UAN employer contributions made to the Plan on their behalf upon the completion of two Years of Service.
ARTICLE 38
INSURANCE
Section 38.1 Health Insurance
a. UAN will provide health and dental insurance programs for all full-time and part-time employees working twenty (20) hours or more per week, their domestic partners, and eligible dependents.
b. Coverage for eligible employees is effective on the first day of the month following the date of employment. Employees employed on the first day of the month are eligible immediately.
c. Dental coverage includes oral surgery, preventative care, diagnostic, restorative and orthodontia benefits.
d. UAN and the full-time employee will share the cost of these health and dental benefits. For the period January 1, 2005 through February 14, 2006, employees, other than those based in the field (outside of the Washington, D.C. metropolitan area), will be entitled to choose either the Point of Service Plan or the PPO Plan. That election will be made during the annual open enrollment period. Employees based in the field (outside of the Washington, D.C. metropolitan area) will participate in the PPO Plan. The employee’s contribution will be paid through payroll deduction, in the following amounts per month:
1. (a) Individual coverage – twelve dollars ($12.00) per month.
(b) Individual plus one coverage -- one hundred and eighteen dollars ($118.00) per month.
(c) Family coverage – two hundred and seven dollars ($207.00) per month.
2. PPO plan for field-based employees
(a) Individual coverage – twelve dollars ($12.00) per month;
(b) Individual plus one coverage – one hundred and eighteen dollars ($118.00) per month;
(c) Family coverage – two hundred and seven ($207) per month.
3. PPO Plan for employees other than field-based. The employee’s contribution shall be the total of (a) the contribution for the Point of Service Plan under Section d.1, above, and (b) the difference between the full member rate for the Point of Service Plan and the full member rate for the PPO Plan under Section d.2, above.
e. The employee’s contribution will be paid on a pre-tax basis to the extent allowed by law.
f. Insurance benefits provided under this Article will be the same as or equivalent to the benefits provided on February 1, 1995 between ANA and WBNG-ASU. However, if the carrier changes benefits, UAN and the Union will meet to discuss how to respond to the changes.
g. Part-time employees scheduled to work twenty (20) hours or more per week must pay fifty percent (50%) of the premium for whatever coverage they elect.
h. Employees whose employment with UAN terminates will be afforded the opportunity to continue health insurance in accordance with the Comprehensive Omnibus Budget Reconciliation Act (COBRA).
Section 38.2 Life Insurance. For full-time employees and part-time employees scheduled to work twenty (20) hours or more per week, UAN will provide group life insurance coverage equal to two times the employee’s yearly base wages up to a maximum of $300,000. If that coverage amount for an employee is less than $300,000, the employee, through payroll deduction, may pay at the UAN group rate for additional insurance up to a total coverage of $300,000. Section 38.3 Long-Term Disability Insurance. UAN will provide a long-term disability plan to ensure income protection for full-time employees and part-time employees who are scheduled to work twenty (20) hours or more per week who become totally disabled as a result of accident or illness for longer than twelve (12) weeks. Provided eligibility requirements are met, the benefit will be 66 2/3 of the employee’s base wages. Section 38.4 Flexible Spending Accounts. UAN will make available to all employees flexible spending accounts for dependent care and medical care. Section 38.5 Employee Benefits Education. The parties recognize the importance of a workforce educated around employee benefit matters. UAN will schedule and coordinate appropriate educational sessions on employee benefits.
ARTICLE 39INTERNAL AFFAIRSSection 39.1 The Union will endeavor not to interfere with or inject itself into the internal affairs of the UAN, its subsidiaries, and/or any SNA/CMA, including campaigning or advocating on behalf of any candidates for UAN national office. WBNG bargaining unit members who wish to run for national office, including delegate to the National Labor Assembly, must resign prior to agreeing to be put on the ballot.
ARTICLE 40 DIRECT DEPOSIT Section 40.1 Employees may at their option elect to have direct deposits made to the financial institution of their choice. The financial institution must be a member of the Federal Reserve System.
ARTICLE 41 ORIENTATION Section 41.1 UAN will provide within the probationary period an orientation for all new employees to familiarize them with the mission, goals and operations of UAN and the duties, goals, responsibilities of the job, the work of their departments and the relationship of their job and department to the mission and goals of the UAN. Orientation will generally be given within the first forty-five (45) days of employment and will include familiarizing the employee with the equipment and software that he or she is assigned to use.
ARTICLE 42
EDUCATION UAN and WBNG share the goal of maximizing the contribution of all employees to fulfill the mission and plans of UAN and its subsidiaries, affiliates and members. Thus, growth and development is expected of all employees and should come through various means, both formal and informal. To facilitate the accomplishment of this goal: Section 42.1 Orientation will be provided in accordance with Article 41 of this Agreement. Section 42.2 In-service Training. In-service training is voluntary and/or mandatory training provided by UAN primarily to address the needs of the organization, and will be provided and paid for by UAN as UAN deems necessary. UAN, in its discretion, has the right to determine the participants and types of any in-service training. UAN will make reasonable efforts to provide mandatory training classes in a way that is convenient for field staff employees, such as scheduling training at headquarters at a time field staff employees are otherwise scheduled to be at headquarters, or providing electronic training or video access to training for field staff employees. Given the nature of or importance to UAN of some training, UAN may require attendance by some or all employees for particular in-service training. Section 42.3 Career Development a. Career development is training designed to enhance an individual employee’s professional development related to the work of the UAN.
1. Approval of such leave rests with the Executive Director or her designee.
2. Unused career development leave may not be carried over from year to year.
c. UAN will reimburse employees up to $500 per year for fees to the professional association of their choice.
Section 42.4 Tuition Assistance
a. Tuition assistance will be provided for any accredited undergraduate degree program, any accredited vocational or technical program, any undergraduate course from an accredited institution, and/or any graduate or post-graduate degree programs or courses from accredited institutions that relate to the work of UAN, subject to the limitations set forth below.
b. An employee who wishes to enroll in course work outside of an accredited institution or accredited vocational/technical school may apply to the National Executive Director for approval of reimbursement. Such application will be made in writing, include a completed tuition assistance request form and must be made substantially in advance of any enrollment deadlines.
c. Regular full-time employees will be reimbursed for fifty percent (50%) of tuition costs and books, up to one thousand dollars ($1,000.00) per employee per year, with a yearly maximum for all employees of three thousand dollars ($3,000). If the full one thousand dollars ($1,000.00) and/or the full three thousand dollars ($3,000) is not used in a given year, the balance(s) will not be carried over to the following year.
d. Such study will be undertaken by the employee outside the regular work hours, unless at the discretion of UAN, the study is of such significance that a reasonable degree of release time is justified.
e. To be eligible for tuition assistance an employee must:
1. Be a non-probationary employee who has completed at least one (1) year of employment with UAN and whose last performance evaluation indicated that the employee meets or exceeds requirements for his or her job.
2. Enroll in the course after employment with UAN;
3. Provide written application, including name of course(s), amount of tuition, fees and books, and the name of the institution/school prior to enrollment;
4. Provide evidence of a “C” or better grade for undergraduate course work, or a “B” or better grade for graduate course work, or “Pass” for pass/fail course work; and
5. Provide a receipt documenting payment of tuition, fees and/or payment for books.
f. UAN reserves the right to limit the number of courses for which an employee may seek tuition assistance if, in the judgment of UAN, the employee’s educational study interferes with the employee’s ability to render satisfactory performance. This does not preclude UAN from dealing with any performance problems through other means contractually available.
g. As a condition of receiving tuition assistance, employees with fewer than five (5) years of UAN service will agree in writing that if they voluntarily leave UAN's employ, they will repay UAN for any tuition assistance received within the past year, and authorize UAN to deduct any such repayment from the employee's final check(s). This repayment obligation does not apply to employees who voluntarily accept a layoff or who resign in lieu of termination of employment. Employees with five (5) years or more of service will not have to repay UAN for any tuition assistance received within the past year.
ARTICLE 43
SUCCESSORS AND ASSIGNS
Section 43.1 Subject to appropriate confidentially agreements, before any sale, spin-off, merger, assignment, or any other change in name or ownership, UAN shall advise WBNG in writing, with as much advance notice as possible, of the contemplated sale, spin-off, merger, assignment, or any other change in name or ownership. Section 43.2 In the event of such a contemplated transaction, UAN shall meet with WBNG to receive input concerning the transaction. UAN shall also use its best efforts to have the other party to the transaction similarly meet with WBNG. The UAN commits to make every effort to protect the jobs of the employees. Section 43.3 The parties acknowledge their obligation to engage in effects bargaining as required by law. The parties further agree to meet and confer concerning successorship and/or assigns issues.
ARTICLE 44ALTERATION/WAIVER OF AGREEMENTSection 44.1 No employee or group of employees shall have the right to alter or waive any provision of this Agreement. This Agreement may be altered or waived only by the mutual consent of the WBNG and UAN, and then, only in writing dated and signed by the parties hereto. The President of WBNG, or his/her designee, has the authority to act on behalf of the Union. The Executive Director of UAN, or his/her designee, has the authority to act on behalf of the UAN. Section 44.2 In the event that any provision of this Agreement is finally held or determined to be illegal or void as being in contravention of any law, or of any ruling or regulation of any governmental authority or agency having jurisdiction over the subject matter of this Agreement, the remainder of the Agreement shall remain in full force and effect. Section 44.3 It is agreed that in the event that UAN moves its headquarters during the life of this Agreement, certain terms of the Agreement may no longer be practicable. In such a case, the parties will meet and bargain prior to the move about any modifications to the Agreement that may be necessary. This section is not intended to effect wages, hours, or pension or health care coverage. ARTICLE 45DURATIONSection 45.1 This Agreement is effective March 24, 2005 and will continue in full force and effect until 11:59 p.m. on December 31, 2007 except as provided in Section 45.2 below. Section 45.2 If either party wishes to terminate or amend this Agreement, it shall give to the other party, at least ninety (90) days prior to December 31, 2007, written notice of intent to terminate or amend. Section 45.3 If neither party gives notice of intent to terminate or amend, this Agreement will continue in full force and effect from year to year after December 31, 2007, subject to termination or amendment upon at least ninety (90) days written notice by either party to the other party prior to December 31 st of any subsequent year.
Agreed to and signed this ______ day of _________________, 2005.
WASHINGTON-BALTIMORE UNITED AMERICAN NURSES, NEWSPAPER GUILD AFL-CIO
_______________________________ _________________________________ Susan Bianchi-Sand Executive Director APPENDIX A
AGREEMENT ON FIELD STAFF
1. UAN will provide a one (1) time only allowance of $1500 to purchase appropriate office furnishings. On an annual basis, field staff employees may request additional furnishings through the standard capital budgeting process. UAN will also provide an annual stipend of $800 for overhead costs of the home office.
2. UAN will pay the cost of installing, maintaining and servicing a telephone land-line into the office, which will be for voice and fax. UAN will pay for high speed internet access. UAN will ensure that each field staff employee may be reached through an 800 number.
3. UAN will provide all computer hardware and software as well as maintenance/service of the package. The software will include Internet access. UAN will also provide a compatible printer. UAN will provide training in the use and maintenance of all electronic equipment provided.
4. UAN will provide a fax/copier and other equipment, supplies and sundries as UAN deems is necessary for the field staff employees to use.
5. UAN will provide a cell phone to each field staff employee for use for UAN purposes.
6. UAN will provide each field staff employee with a laptop.
7. UAN will provide a credit card to each field staff employee. Field staff employees are responsible for reconciling all expenses charged to their credit cards and providing appropriate documentation in a timely fashion for final payment by UAN. This credit card is for business use only. Inappropriate use and/or untimely submission of appropriate documentation are grounds for cancellation of the credit card.
8. UAN will not require field staff employees to drive their personal automobiles to any assignment over 100 miles one way or to drive to any assignment over 200 miles one way.
9. UAN will provide transportation home for a field staff employee after each twelve (12) days continuously away from home. If it is not possible for the field staff employee to get away from the work project, the field staff employee can bring out a person at UAN’s expense. In either case, UAN will pay the incurred transportation expenses not to exceed the cost of a round trip ticket for the employee to return home. All transportation arrangements must be made through American Nurses Travel Service or such other travel agent(s) or arrangements as may be designated by UAN.
10. All expenses, petty cash, advances and paychecks for field staff employees will be electronically deposited. If an Accounts Payable check cannot be electronically deposited and the field staff employee so requests, it will be overnighted to the field staff employee. All checks will be processed expediently by UAN. All receipts for electronic deposits will be mailed to the field staff.
11. UAN field staff employees who are required to move their home office, reassigned to the DC office, restructured out of a field position, etc., will be offered moving expenses or a voluntary layoff. A voluntary layoff will include severance payments.
12. UAN will notify field staff employees of all job postings by first-class mail, facsimile and/or e-mail through the UAN system as vacancies are posted.
13. All UAN policies, procedures, rules, etc. will be sent in writing to each field staff employee.
14. Upon request of a field staff employee, all personnel records of that employee will be copied and mailed to him/her for review. These records will be sent by overnight mail if so requested. 15. Field staff employees will have voice mail and e-mail through the UAN system. Field staff employees are required to check their voice mail and UAN e-mail messages at least once per day during normal working days for the purposes of ensuring continued communication between the field staff and UAN headquarters.
16. Upon their separation from the organization, at UAN’s expense, field staff employees are required to return to UAN all items purchased by UAN (including, but not limited to, computers, fax machines, printers, copiers, cell phones, furniture) and electronic and hard copies of all files. All files generated for UAN purposes, including all confidential UAN business files, are the property of UAN.
17. Field staff employees are expected to maintain a quality set of records and to complete and submit reports as requested. At least one (1) time per month, a copy of all important electronic files or hard copies of files (if not available in electronic format) are to be transmitted to UAN for record keeping purposes. The Executive Director and the field staff employees will decide what constitutes important files.
18. Annual evaluations will be conducted in person.
19. Field staff employees will be expected to work on twelve weekend days per year before they have any entitlement to compensatory time for weekend work. After working twelve weekend days, field staff employees will be eligible for day for day compensatory time.
APPENDIX B
HIRING RANGES FOR NEW HIRES
The hiring ranges will be adjusted upward by two percent (2%) on March 15, 2006 and upward by another two percent (2%) on March 15, 2007.
APPENDIX CMARCH ___, 2005 SALARY ADJUSTMENTSTo be Made Prior to 2% Increase Effective First Full Pay Period After ________________(Ratification Date)
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