AGREEMENT
Between
COUNTY OF INGHAM
and
MICHIGAN NURSES ASSOCIATION
NURSE PRACTITIONERS/CLINIC NURSES UNIT
January 1, 2006, through December 31, 2008
ARTICLE INDEX
PARTIES.............................................................................................................................. 1
RECOGNITION.................................................................................................................. 1
Section 1. Nurse Practitioners/Clinic Nurses Unit Recognition.............................................. 1
Section 2. Others...................................................................................................... 1
Section 3. Other Agreements.................................................................................... 1
Section 4. Terminology............................................................................................. 1
Section 5. Notification.............................................................................................. 2
MANAGEMENT RIGHTS.................................................................................................. 2
Section 1. Manage Its Affairs.................................................................................... 2
Section 2. Rights....................................................................................................... 2
Section 3. Rules and Regulations............................................................................... 2
Section 4. Constitutional and Statutory Rights............................................................ 2
ASSOCIATION SECURITY AND CHECKOFF............................................................... 2
Section 1. ................................................................................................................ 2
Section 2. .............................................................................................................. 2
Section 3. Agency Shop........................................................................................... 2
Section 4. Continued Employment............................................................................. 4
Section 5. Notice of New Hires................................................................................ 4
PROFESSIONAL NEGOTIATION PROCEDURE............................................................ 5
Section 1. Meetings.................................................................................................. 5
Section 2. Representatives........................................................................................ 5
Section 3. Application of Agreement......................................................................... 5
Section 4. Negotiations or Special Conferences......................................................... 5
REPRESENTATION........................................................................................................... 5
Section 1. Grievance Representation......................................................................... 5
Section 2. Negotiating Committee............................................................................. 6
Section 3. Professional Negotiations.......................................................................... 6
Section 4. Time Off with Pay.................................................................................... 6
Section 5. Facility Access......................................................................................... 6
Section 6. Correspondence....................................................................................... 6
Section 7. County Information................................................................................... 6
GRIEVANCE PROCEDURE............................................................................................... 7
Section 1. Statement of Purpose............................................................................... 7
Section 2. Definitions................................................................................................ 7
Section 3. Steps in the Grievance Procedure............................................................. 7
Section 4. Time Limits.............................................................................................. 9
Section 5. Employee Election of Forums................................................................. 10
Section 6. Expedited Grievances............................................................................. 10
Section 7. Witnesses............................................................................................... 10
Section 8. Private Health Information Requests......................................................... 10
MAINTENANCE OF DISCIPLINE.................................................................................. 11
Section 1. Rules of Professional Conduct................................................................ 11
Section 2. Corrective Discipline.............................................................................. 11
Section 3. Just Cause.............................................................................................. 11
Section 4. New Rules or Rule Changes................................................................... 11
Section 5. Disciplinary Action................................................................................. 11
Section 6. Personnel Files....................................................................................... 11
Section 7. Grievances............................................................................................. 12
Section 8. Prior Record.......................................................................................... 12
SPECIAL CONFERENCES.............................................................................................. 12
Section 1. Purposes and Procedures....................................................................... 12
Section 2. Lost Time............................................................................................... 12
Section 3. Answers................................................................................................. 12
SALARIES......................................................................................................................... 13
Section 1. Salaries.................................................................................................. 13
Section 2. Credit for Experience............................................................................. 13
Section 3. Temporary Assignment........................................................................... 13
Section 4. Hours of Work....................................................................................... 14
Section 5. Work Schedules..................................................................................... 14
Section 6. Staffing for Coverage for Other Than Hours Normally Worked............... 14
Section 7. Temporary Transfer/Assignment............................................................. 14
Section 8. Premium For Other Than Hours Normally Worked................................. 15
Section 9. Call-In Pay............................................................................................. 15
Section 10. "On-Call" Bonus................................................................................... 15
Section 11. Work Breaks....................................................................................... 15
Section 12. Overtime.............................................................................................. 16
Section 13. Adjustments to the Normal Work Day.................................................. 16
Section 14. Retroactivity......................................................................................... 16
VOTING............................................................................................................................ 17
DEFINITION OF EMPLOYEES....................................................................................... 17
Section 1. Full-Time Employees.............................................................................. 17
Section 2. Part-Time Employees............................................................................. 17
Section 3. Special Part-Time Employees................................................................. 17
Section 4. Probationary Employees......................................................................... 18
Section 5. Temporary Employees............................................................................ 18
Section 6. Substitute Employees.............................................................................. 18
Section 7. Contracted Benefits................................................................................ 19
PROMOTIONS AND DEMOTIONS............................................................................... 19
Section 1. Promotion.............................................................................................. 19
Section 2. Demotion............................................................................................... 19
Section 3. Transfers................................................................................................ 19
VACATIONS.................................................................................................................... 20
Section 1. Vacation Schedule.................................................................................. 20
Section 2. Use of Vacation in First Year.................................................................. 20
Section 3. Vacation Leave to Supplement Sickness................................................. 20
Section 4. Scheduling of Vacation Leave................................................................. 20
Section 5. Use of Compensatory Time.................................................................... 20
Section 6. Records of Vacation Eligibility................................................................ 20
Section 7. Accumulation of Vacation Days.............................................................. 21
Section 8. Payment of Vacation Hours.................................................................... 21
Section 9. Vacation Bonus Hours. .......................................................................... 21
Section 10. Illness While on Vacation...................................................................... 21
HOLIDAYS....................................................................................................................... 21
Section 1. Pay for Holidays..................................................................................... 21
Section 2. Vacation................................................................................................ 21
Section 3. Leave of Absence.................................................................................. 22
Section 4. Observance of Holidays......................................................................... 22
Section 5. Additional Preceding Day Off................................................................. 22
Section 6. Work on Holidays.................................................................................. 22
HEALTH PROGRAM AND HOSPITALIZATION........................................................... 22
Section 1. Physical Examination.............................................................................. 22
Section 2. Use of Personal Physician....................................................................... 22
Section 3. Hospitalization Insurance Coverage......................................................... 23
Section 4. When Coverage Begins.......................................................................... 24
Section 5. Authorized Payroll Deductions................................................................ 25
Section 6. Substitution of Carrier............................................................................. 25
Section 7. Continued Coverage............................................................................... 25
Section 8. Double Coverage................................................................................... 25
Section 9. Spouse Coverage................................................................................... 25
Section 10. Alternative Plans................................................................................... 25
RETIREMENT PLAN........................................................................................................ 26
Section 1. MERS Plan............................................................................................ 26
Section 2. Retirees' Life Insurance........................................................................... 26
Section 3. Hospitalization Insurance........................................................................ 26
Section 4. .............................................................................................................. 27
Section 5. Retiree’s Dental and Vision Coverages................................................... 27
Section 6. Substitution of Carrier............................................................................. 28
CREDIT UNION............................................................................................................... 28
TRAVEL ALLOWANCE................................................................................................... 28
Section 1. Travel Allowance................................................................................... 28
Section 2. Automobile Insurance............................................................................. 28
SICK LEAVE..................................................................................................................... 29
Section 1. Sick Leave Period Yearly Accumulation................................................. 29
Section 2. Maximum Accumulation......................................................................... 29
Section 3. Part-Time Employees............................................................................. 29
Section 4. Use of Sick Leave.................................................................................. 29
Section 5. Sick Leave Increments........................................................................... 29
Section 6. Illness in the Immediate Household.......................................................... 29
Section 7. When Medical Statement is Required...................................................... 29
Section 8. Resignation or Dismissal......................................................................... 30
Section 9. Retirement.............................................................................................. 30
Section 10. Short-Term Disability........................................................................... 30
Section 11. Annual Cash-Out Option...................................................................... 30
Section 12. Sick Time Donation.............................................................................. 31
Section 13. Medical Dispute................................................................................... 31
FUNERAL LEAVE............................................................................................................ 32
Section 1. Immediate Family................................................................................... 32
Section 2. Other Members of an Employee's Family................................................ 32
Section 3. Additional Time...................................................................................... 32
Section 4. Appropriate Verification......................................................................... 32
UNPAID LEAVES OF ABSENCE.................................................................................... 32
Section 1. Medical Disability Leave of Absence...................................................... 32
Section 2. Child Care Leave................................................................................... 33
Section 3. Military Leave of Absence...................................................................... 33
Section 4. Military Reserve Leave of Absence......................................................... 33
Section 5. Leave for Association Business............................................................... 33
Section 6. Personal Leave....................................................................................... 34
Section 7. Educational Leave.................................................................................. 34
Section 8. Seniority and Fringe Benefits................................................................... 34
INSURANCE..................................................................................................................... 35
Section 1. Life Insurance......................................................................................... 35
Section 2. Part-Time Employees............................................................................. 35
Section 3. Professional Liability Insurance............................................................... 36
Section 4. Workers' Compensation......................................................................... 36
I.R.S. SECTION 125......................................................................................................... 37
Section 1. I.R.S. Section 125.................................................................................. 37
LAYOFF AND RESIGNATION....................................................................................... 37
Section 1. Notice.................................................................................................... 37
Section 2. Grant Positions....................................................................................... 37
Section 3. Hour Reductions.................................................................................... 37
Section 4. Layoff and Recall................................................................................... 38
Section 5. Seniority for Layoff and Bumping............................................................ 40
Section 6. Notice of Layoff and Recall.................................................................... 40
Section 7. Voluntary Layoffs................................................................................... 40
Section 8. Bumping Limitations............................................................................... 41
EDUCATIONAL REIMBURSEMENT.............................................................................. 41
Section 1. Reimbursement Policy............................................................................ 41
Section 2. Procedure.............................................................................................. 41
JURY DUTY...................................................................................................................... 42
Section 1. Notification............................................................................................ 42
Section 2. Pay Supplement..................................................................................... 42
Section 3. Time Worked......................................................................................... 42
Section 4. Other Judicial Proceedings...................................................................... 42
PROFESSIONAL MEETINGS.......................................................................................... 42
Section 1. Attendance Encouraged.......................................................................... 42
Section 2. Requests................................................................................................ 42
Section 3. Time Off................................................................................................ 43
PROFESSIONAL TRAINING.......................................................................................... 43
Section 1. Training.................................................................................................. 43
Section 2. Training Pay........................................................................................... 43
Section 3. Specialized Training Requests................................................................. 43
Section 4. Professional Licenses.............................................................................. 43
Section 5. Code of Ethics....................................................................................... 43
WITHHOLDING OF PROFESSIONAL SERVICES........................................................ 43
Section 1. Patients.................................................................................................. 43
Section 2. No Strike............................................................................................... 43
Section 3. Disciplinary Action................................................................................. 44
Section 4. No Lockout........................................................................................... 44
NONDISCRIMINATION................................................................................................. 44
Section 1. Employer's Pledge.................................................................................. 44
Section 2. Association's Pledge............................................................................... 44
Section 3. Gender................................................................................................... 44
Section 4. ............................................................................................................... 44
HEALTH AND SAFETY................................................................................................... 44
Section 1. Health and Safety Committee.................................................................. 44
VALIDITY OF AGREEMENT.......................................................................................... 45
Section 1. Holding of Invalidity................................................................................ 45
Section 2. Catch Line Not Part of Section............................................................... 45
USE OF FACILITIES........................................................................................................ 45
Section 1. Use of Facilities...................................................................................... 45
Section 2. Bulletin Boards....................................................................................... 45
Section 3. Health Department Equipment................................................................ 45
SALARY SCHEDULE....................................................................................................... 45
Section 1. Basis for Rate of Pay.............................................................................. 45
Section 2. Original Appointments............................................................................ 46
Section 3. New Employees..................................................................................... 46
Section 4. Educational Bonus.................................................................................. 46
Section 5. Merit Increases...................................................................................... 46
Section 6. Classifications ........................................................................................ 46
Section 7. Salary Schedules. ................................................................................. 47
Section 8. Promotions and Reclassifications............................................................. 48
Section 9. Overpayments........................................................................................ 49
PAST PRACTICES............................................................................................................ 49
Section 1. Past Practices......................................................................................... 49
DENTAL INSURANCE.................................................................................................... 49
Section 1. Dental Insurance..................................................................................... 49
Section 2. Eligibility................................................................................................. 50
SERVICE/SENIORITY...................................................................................................... 50
Section 1. Definition................................................................................................ 50
Section 2. Seniority List.......................................................................................... 51
Section 3. Loss of Seniority/Employment................................................................. 51
JOB DESCRIPTIONS....................................................................................................... 52
Section 1. Job Descriptions..................................................................................... 52
RECLASSIFICATIONS.................................................................................................... 52
Section 1. .............................................................................................................. 52
VISION.............................................................................................................................. 52
Section 1................................................................................................................. 52
TERM OF AGREEMENT.................................................................................................. 53
Section 1. Duration................................................................................................. 53
Section 2. Extension of Agreement.......................................................................... 53
Section 3. Binding Effect......................................................................................... 53
LETTERS OF UNDERSTANDING
PARTIES
This Agreement made this ____ day of March, 2006, between the COUNTY OF INGHAM and INGHAM COUNTY HEALTH DEPARTMENT (hereinafter referred to as the "County", the "Employer" or the "Department") and the MICHIGAN NURSES ASSOCIATION (hereinafter referred to as the "Association", "MNA" or the "Union") hereby agree as follows:
RECOGNITION
Section 1. Nurse Practitioners/Clinic Nurses Unit Recognition. Ingham County hereby recognizes that Michigan Nurses Association, in the unit described below, is the exclusive representative for the purpose of collective bargaining and that pursuant to Sections 11 and 12 of Act 336 of the Public Acts of 1947, as amended, the said Association is the exclusive representative of all the employees of such unit for the purposes of collective bargaining with respect to pay, wages, hours of employment and other conditions of employment.
Nurse Practitioners/Clinic Nurses Unit
All Health Center Nurses,
Immunization Nurses, BCCCP Nurses, Nurse Assessors,
Charge Nurses, Disease Control Nurses, Health Plan Utilization Nurses,
Immunization
Clinic Supervisors and Family Nurse Practitioner/Providers employed by the Ingham
County Health Department. Excluding Director of Nurses, Public Health Nurses
currently represented by the Ingham County Employees' Association (i.e., PHN I & II,
Nurse Case Managers, Medical
Services Coordinators, and Senior Public Health
Nurses), and other Health Department Employees and Supervising Nurses.
Section 2. Others. Persons who are awaiting Michigan registration and who are employed as nurses in the unit described above, or under a temporary permit issued by the Michigan Board of Nursing, shall be included in this unit, if they fill a non-supervisory position, excluding probationary employees, excepting as hereinafter stated in Article 12, Section 4.
Section 3. Other Agreements. The Employer agrees that during the life of this Agreement, it will not enter into any agreement with employees individually or collectively which conflicts with or are contrary to the terms of this Agreement without negotiating with the Association.
Section 4. Terminology. Wherever the terms "Health Officer" or "Department Head" are used, they shall refer to the Health Officer of the Ingham County Health Department. Wherever the terms "nurse", "registered professional nurse" or "employee" are used, they shall refer to a member of the Nurse Practitioners/Clinic Nurses unit. "Facility" shall refer to the Ingham County Health Department. "Department" shall refer to the Ingham County Health Department. "Association" or “Union” shall refer to the MNA. "County" shall refer to the County of Ingham.
class=Section4>
Section 5. Notification. When the Department seeks funding for a new specialized nursing position, it shall advise the Union.
MANAGEMENT RIGHTS
Section 1. Manage Its Affairs. The unit recognizes that the County and Department reserve and retain, solely and exclusively, all rights to manage and direct their work force and to manage and operate their affairs.
Section 2. Rights. All rights, functions, powers, and authority which the County and Department have not specifically abridged, delegated or modified by this Agreement are recognized by the unit as being retained by the County and Department.
Section 3. Rules and Regulations. The Department and/or the County shall have the right to amend, supplement, or add to its official departmental rules and regulations during the term of this Agreement, provided, however, the Department and/or the County shall notify the Association of any such amendments, supplements or additions in advance of their effective date as hereinafter specified in Article 8, Section 4.
Section 4. Constitutional and Statutory Rights. Neither the constitutional or the statutory rights, duties and obligations of the Employer shall in any way whatsoever be abridged.
ASSOCIATION SECURITY AND CHECKOFF
Section 1. The Employer will not discriminate against any employee because of membership in the Association.
Section 2. Upon completion of thirty (30) days of employment, membership in the Association or compliance with payment of representation fees shall be a condition of continued employment. The Employer agrees to deduct Association dues or Association service fees to become effective the second payday of the month.
Section 3. Agency Shop. The Employer agrees to deduct from the salary of each individual employee in the bargaining unit who becomes a member, the Association's dues, subject to all of the following conditions:
A. The Association shall obtain from each of its members a completed authorization form which shall conform to the respective state and federal law(s) concerning that subject, or any interpretation(s) thereof.
B. All checkoff authorization forms shall be filed with the Employer's Human Resources Director, who may return any incomplete or incorrectly completed form to the Association's Treasurer, and no checkoff shall be made until such deficiency is corrected.
C. All employees covered under this Agreement who do not voluntarily choose membership in the Association shall have deducted from their wages a percentage of the membership dues, which sum may be less than one hundred percent (100%) of said dues, upon receipt by the Employer of a signed, written card, and which sum shall accurately represent the amount for said employee due the Association as their fair share of costs attributable to negotiating the terms of this Agreement and servicing the contract, which sum shall not include, by way of example but not by way of limitation, state, national or other dues and assessments, or other amounts for other Association activities.
D. The Employer shall only checkoff obligations which come due at the time of checkoff, and will make checkoff deductions only if the employee has enough pay due to cover such obligation. The Employer is not responsible for refund to the employee if he/she has duplicated a checkoff deduction by direct payment to the Association.
E. The Employer's remittance shall be deemed correct if the Association does not give written notice to the Human Resources Director within two (2) calendar weeks after remittance is transmitted of its belief, with reason(s) stated therefore, that the remittance is incorrect.
F. The Association shall provide at least thirty (30) days written notice to the Human Resources Director of the amount of Association dues and/or service fees and/or initiation fee to be deducted from the wages of employees in accordance with this Article. Any changes in the amounts determined will also be provided to the Human Resources Director at least thirty (30) days prior to its implementation. New checkoff authorization forms shall be submitted to the Employer in the event that an increase in the Association dues or service fee is made.
G. The Association agrees to defend, indemnify and save the Employer harmless against any and all claims, suits, or other forms of liability arising out of its deduction from an employee's pay of Association dues, service fees and/or initiation fee, or in reliance upon any list, notice, certification or authorization furnished under this Article, including the termination of employment as provided under the Agency Shop provision. The Association assumes full responsibility for the disposition of the deductions so made once they have been sent to the Association.
H. The Association shall exclusively use the checkoff authorization as herein provided for on page 5.
Section 4. Continued Employment. The Association shall notify an employee who has not paid his/her dues or service fee by certified mail, with a copy to the Employer. If said employee does not pay the dues or service fee with thirty (30) days after said notice is received, the Association shall notify the Employer by certified mail of this omission. Fifteen (15) days after receipt of notification by the Employer, the Employer shall terminate said employee.
Section 5. Notice of New Hires. The Employer will provide an Association Representative the opportunity to meet with new employees at the weekly orientation session. The Association shall be responsible to receive the necessary information at orientation.
VOLUNTARY CHECKOFF AUTHORIZATION
MICHIGAN NURSES ASSOCIATION
Print___________________________________________________________________________ Last Name First Name Middle Initial
I certify that the Michigan Nurses Association is my designated collective bargaining representative and I hereby authorize and direct my Employer to withhold from my earnings during this month and each successor month the amount determined by the Michigan Nurses Association and provided in a written notice to the Employer's Human Resources Department for my (check one) _____ (1) Association dues; or _____ (2) Service fees; and request this amount be forwarded to the Treasurer of the Michigan Nurses Association.
This authorization and direction shall be effective for the period of joint bargaining agreement between the Michigan Nurses Association and my Employer, and I agree and direct that this authorization and direction shall be automatically renewed with each succeeding applicable joint bargaining agreement between the Michigan Nurses Association and my Employer, unless written notice is given to the Michigan Nurses Association and my Employer by me, or unless the authorization is terminated as provided for in the joint bargaining agreement.
Date: _________________ Signature: _________________________________________
Department:______________________________________________________________________
PROFESSIONAL NEGOTIATION PROCEDURE
Section 1. Meetings. The parties will cooperate in arranging meetings, furnishing necessary information and otherwise constructively considering and resolving any matters of common interest.
Section 2. Representatives. In any negotiations described in this Article, neither party shall have any control over the selection of the negotiation representatives of the other party, and each party may select its representatives from within or outside the area. It is recognized that no final agreement between the parties may be executed without ratification by a majority of the membership of the Association with the approval of the Michigan Nurses Association, and approval by a majority of the Ingham County Board of Commissioners. The parties mutually pledge that representatives selected by each shall have the necessary power and authority to make proposals, consider proposals and make concessions in the course of negotiations, subject only to ratification approval as noted above.
Section 3. Application of Agreement. Any agreements negotiated shall apply to all members of the bargaining unit unless otherwise specified and shall be reduced to writing and signed by the authorized representatives of the department, the Association and the Ingham County Board of Commissioners.
Section 4. Negotiations or Special Conferences. The Employer agrees that Association members, engaged during their work shift in negotiations or Special Conferences on behalf of the Association with the Employer, during the term of this Agreement, shall be entitled to reasonable release time as needed without loss of salary. The number of Association members to be present at said meetings or negotiations are hereafter specified.
REPRESENTATION
Section 1. Grievance Representation. Employees in each of the units shall be represented by a steward and alternate steward, respectively. The steward and alternate steward will be a member of the bargaining unit and their selection will be determined by the bargaining unit members. The Employer will recognize the steward and alternate steward as representatives of the Association in the administration of provisions of this Agreement and the grievance procedure. The Association will keep the Employer informed, in writing, of the name of the steward and alternate steward for the unit.
A steward shall act in a representative capacity for the purpose of processing grievances for the employees in his/her unit.
Section 2. Negotiating Committee. The bargaining committee of the Association's Nurse Practitioners/Clinic Nurses Unit will include not more than three (3) bargaining unit members and two (2) alternate members employed by the Employer.
Section 3. Professional Negotiations. Contract negotiation meetings between the parties may be held at times during the scheduled working hours of the Association's negotiating members. Up to two (2) employee members of the bargaining committee for the unit will be paid by the Employer for time spent in negotiation with the Employer, but only for the straight time hours they would otherwise have worked on the regular work schedule. For the purpose of computing overtime, time spent in negotiations shall be considered as hours worked to the extent of the regularly scheduled hours which otherwise would have been worked by the negotiating committee members.
Section 4. Time Off with Pay. Reasonable arrangements will be made to allow stewards time off with pay, with prior permission of their supervisor, during their regular working hours for the purpose of investigating grievances and to attend grievance meetings. Stewards shall have access to office premises for the purpose of investigation and adjusting any complaints and grievances by arranging with the respective division heads to visit such premises during regular working hours, but in no event shall the steward interfere with the maintenance or discipline of the regular work being carried on in the department. The office premises may be used for grievance interviews. Stewards shall investigate and present the grievances to the Health Officer through the grievance procedure. In the event the steward is absent, an alternate steward may perform his/her functions, provided they have conformed with the above requirements in notifying the Health Officer, giving him/her reasonable time to adjust for their absences during such periods which they are investigating or processing grievance procedures.
Section 5. Facility Access. Representatives of the Association, after first notifying the Health Officer or his/her designated representative, may visit the areas of the Facility where the registered professional nurses they represent are located for the purpose of representing such nurses in accordance with this Agreement, provided that such visits occur at reasonable intervals during working hours and they do not interfere with the normal operations of the Facility.
Section 6. Correspondence. A copy of all correspondence from the MNA Labor Representative or from his/her office, addressed to any elected official, the Health Officer, or Health Department Managers, shall be sent to the County Attorney. A copy of all correspondence from the County Attorney or his/her office addressed to any MNA Executive Board Members, Officers, or Nurse Practitioners/Clinic Nurses unit steward shall be sent to the MNA Labor Representative.
Section 7. County Information. The County Human Resources Director shall forward copies of the County Services Committee Agendas and those portions of the Agenda Packets that relate to the CHN Nurse Practitioners/Clinic Nurses unit to the MNA. The Health Officer agrees to provide the MNA with a copy of the Department's annual budget request, as submitted to the County Controller.
GRIEVANCE PROCEDURE
Section 1. Statement of Purpose. The parties intend that the grievance procedure shall serve as a means for the peaceful settlement of disputes as they arise.
The Parties seek to secure, at the earliest level possible, equitable solutions to complaints or grievances of nurses or groups of nurses. Both parties agree that proceedings under this Article shall be kept as informal and confidential as may be appropriate.
Section 2. Definitions. "Grievance" shall mean a complaint by a nurse or a group of nurses based upon an event, condition or circumstance under which a nurse works, allegedly caused by a violation, misinterpretation or discriminatory application of any provision of this Agreement. Any grievance filed shall refer to the specific contract provision or provisions alleged to have been violated, and it shall adequately set forth the facts pertaining to the alleged violation. It is the intent of this section that the nurse or nurses filing a grievance would apprise the Employer of the facts of the grievance.
Section 3. Steps in the Grievance Procedure.
Step 1. An employee with a grievance shall first discuss it with his/her immediate supervisor within eight (8) days of the date of occurrence or the date the employee should have known of the occurrence or the alleged violation. The discussion may also include the Association departmental representative. The immediate supervisor shall furnish an oral answer within five (5) days of the receipt of the grievance.
Step 2. If the answer of the Supervisor received in Step 1 is not satisfactory to the employee, he/she shall, within five (5) days of receipt of the answer in Step 1, submit the grievance in writing to the Health Officer. The written grievance shall be dated and signed by the grieving employee or employees. However, in the case of a group grievance, the grievance may be signed by the Union Steward and at least one (1) affected employee. The employee may furnish a copy of the grievance to the Union. A copy of the answer shall be furnished to the Union departmental representative. The Health Officer shall give a written answer within five (5) days of receipt of the grievance.
Step 3. If the answer of the Health Officer received in Step 2 is not satisfactory to the employee, the Union departmental representative, within five (5) days thereafter, shall submit notice of appeal to the Human Resources Director.
Step 3A. The Human Resources Director, Health Officer, affected employee and Union representative shall meet within seven (7) work days after the submission of the grievance under Step 3. The Human Resources Director shall give a written answer within five (5) work days following the meeting. If this answer is not satisfactory to the employee or the Health Officer, it shall be submitted within five (5) work days after receipt of the answer to Step 4.
class=Section5>Step 4. The County Services Committee shall meet to discuss the grievance at the next regularly scheduled committee meeting, provided that said grievance is received by the Human Resources Director in writing at least five (5) work days prior to the next meeting. The County Human Resources Director shall notify the Union and the aggrieved employee in writing at least four (4) days prior to the meeting. At this meeting, the County Services Committee will review the facts as they relate to the interpretation and application of this Agreement. The County Services Committee shall reply with its decision, in writing, no later than five (5) days following said meeting. If the decision of the County Services Committee is unsatisfactory to the Union, said dispute may be submitted within fifteen (15) days for arbitration in accordance with the procedures and rules of the American Arbitration Association.
Step 5. Arbitration.
1. Appeal to the Arbitrator. Any grievance which is not resolved at Step 4 of the grievance procedure may be submitted to arbitration, if the case is the type on which an arbitrator is empowered to rule. Arbitration shall be invoked by written notice to the Employer or the Association provided said written notice is submitted within fifteen (15) days after receipt of the answer in Step 4.
2. Selection of the Arbitrator. If a timely request for arbitration is filed by the Union, the parties to this Agreement shall select, by mutual agreement, one (1) arbitrator who shall decide the matter. The Employer and the Union agree to use the following arbitrators on a rotating basis with arbitrator "A" being selected first.
A. Barry Brown
B. Robert McCormick
C. Robert Proctor
D. Patrick McDonald
E. David Grissom
If the arbitrator up for selection is not available, the next arbitrator will be used. If none of the listed arbitrators are available, the Employer and the Union will attempt to agree on an impartial arbitrator. In the event the Employer and the Union are unable to agree on an impartial arbitrator, the arbitrator will be selected from a list of arbitrators submitted by the American Arbitration Association consistent with such Association's normal procedures. All arbitration proceedings will be conducted in accordance with the rules and procedures of the American Arbitration Association.
For grievances involving discharge, layoff, or other issues mutually agreed upon, an arbitrator shall be deemed unavailable under this section if the arbitrator cannot schedule a hearing within sixty (60) days upon being notified; and as to all other issues, when the arbitrator cannot schedule a hearing within one hundred eighty (180) days from notification. These limitations may be waived by written mutual agreement of the parties.
3. Powers of the Arbitrator. The arbitrator shall be empowered to investigate, hear and decide a grievance as heretofore defined in Article 7, Section 2, subject to the limitations stated
class=Section6>below. The arbitrator shall have full discretion to uphold, rescind or modify disciplinary measures imposed by the Employer. The arbitrator shall have no power to:
A. Add to, subtract from or otherwise modify any of the provisions of this agreement;
B. Establish or modify any salary rate or plan.
In the event a case is appealed to an arbitrator and he/she finds that he/she has no power to rule on the case, the matter shall be referred back to the parties without decision or recommendation. At the arbitration hearing, each party shall have the option of presenting witnesses and documents and such witnesses may be cross-examined by the arbitrator or party opposing. At least seventy-two (72) hours prior to the hearing, copies of documents and names of witnesses which will be submitted by the parties must be given to the opposing party.
4. Arbitrator's Decision. There shall be no appeal from an arbitrator's decision, if made in accordance with his/her jurisdiction and authority under this Agreement. It shall be final and binding on the Association, on all bargaining unit employees and on the Employer.
5. Fees and Expenses. The fees and expenses of the Arbitrator shall be paid by the non-prevailing party. If there is a dispute as to who has prevailed, the arbitrator shall allocate the arbitrator's fees. All other expenses related to the arbitration process, including any expenses incurred by calling witnesses, shall be borne by the party incurring such expense.
Section 4. Time Limits.
A. For the purpose of the grievance procedure, a "day" shall mean any day Monday through Friday, and shall not include the day in which a grievance is presented or appealed by the Union or Employer or is answered by the Employer or any recognized holidays.
B. Any time limit in the grievance procedure may be extended by mutual agreement of the parties.
C. A grievance presented at any step shall be dated and signed by the Union representative or employee presenting it; any answer given by the Employer to the Union representative or employee shall be dated and signed by the Employer.
D. Any grievance not answered within the time limits by the Employer shall be deemed settled on the basis of the original request of the employee.
E. Any grievance not appealed by the employee or Union within the time limits shall be deemed settled on the basis of the Employer's last answer.
F. All dispositions of written grievances shall be made in writing and one (1) copy sent to the Human Resources Director and one (1) copy sent to the President of the Unit.
Section 5. Employee Election of Forums. If an employee files a complaint with the Michigan Department of Civil Rights and a grievance under the contract alleging the same facts and circumstances, then the employee will be notified that the employee has to elect only one forum. If the employee elects to proceed with the Michigan Department of Civil Rights, then the grievance shall be withdrawn and vice versa. If the employee fails to elect the remedy, the grievance shall not be processed. This shall also apply to veteran's preference hearings, Michigan wage and hour statutory remedies or court actions litigating the same issues. However, at no time shall any employee of the bargaining unit bind the Association in electing forums listed herein.
Section 6. Expedited Grievances. Grievances may be filed at Step 3A in cases involving loss of pay.
Section 7. Witnesses. The Employer agrees to provide reasonable release time for employees from their regular work hours to serve as witnesses at a grievance hearing, provided the Employer receives a written request for the release of time at least one (1) week prior to the hearing.
Section 8. Private Health Information Requests. The Union and Employer recognize that the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule (Standards for Privacy of Individually Identifiable Health Information) establishes requirements for organizations whose relationship with covered entities may require sharing of private health information. If the Union requests private health information to investigate or prosecute a grievance, or for other legitimate purposes at law, the Union agrees that it will first execute such releases agreements and/or assurances required by law including, but not limited to, provisions that the Union will use the information only for limited purposes, will safeguard the information from misuse, and will assist the Employer comply with certain of its duties under the Privacy Rule. In order to comply with the Privacy Rule, the parties hereby agree to utilize the Confidentiality Agreement in Appendix A for private health information requests.
MAINTENANCE OF DISCIPLINE
Section 1. Rules of Professional Conduct. Each nurse will abide by the rules of professional conduct for the smooth operation of the Department and care of patients.
Section 2. Corrective Discipline. Discipline for regular full-time and part-time employees will be of a corrective nature rather than punitive, except that nothing in this section shall prevent the Employer from taking immediate and appropriate disciplinary action should it be required by the circumstances.
Section 3. Just Cause. Individual discipline penalties, including discharge, for regular full-time and part-time employees shall be for just cause and may become a subject for the grievance procedure heretofore specified. However, probationary, substitute and temporary employees may be terminated with or without cause and without recourse to the grievance procedure.
Section 4. New Rules or Rule Changes. All new rules or rule changes shall be given to the Unit President for the Unit's information and shall be posted for a five (5) day period prior to their effective date unless health reasons necessitate immediate implementation. Said rules shall be transmitted to the Human Resources Department for its review. If there is concern regarding the fairness of the rule or rule change, the MNA may request a special conference between the MNA, a representative of the Human Resources Department, the Health Officer or his/her representative, and the Chairperson of the County Services Committee to discuss the reasonableness of the rule. In no case will a rule change or new rule become subject to the grievance procedure.
Section 5. Disciplinary Action. When disciplinary action is imposed, a bargaining unit employee may have a representative present if he/she desires. The Employer shall inform said employee of his/her right to have said representative present. If a bargaining unit employee is disciplined by discharge or time off, the Association representative shall be notified of the same in writing and shall be supplied with a general and brief explanation of the reasons therefore. In the event the Association representative is present when the discipline is imposed, a brief explanation need not be supplied. It is the intent of the parties hereto that the supplying of a brief explanation and not the details for the discipline imposed is to adhere to the disciplined employee's desire not to communicate the reasons thereof.
Section 6. Personnel Files. Upon request, a portion of the employee's official personnel file may be reviewed in the County Human Resources Department once each year. Items that may be available are as follows:
A. Employment Application
B. Personnel Action Requests Forms
C. Letters Communicating Disciplinary Action
D. Completed Performance Evaluation Forms
Such requests will be made in advance so as not to interfere with the orderly conduct of business in the Human Resources Department.
Section 7. Grievances. Any disciplinary action resulting in a grievance shall begin at Step 2 of the Grievance Procedure (Article 7). Grievances shall be submitted within seven (7) days of the date of said disciplinary action.
Section 8. Prior Record. The Employer shall not use an employee's prior record of disciplinary action which is more than twenty-four (24) months old in imposing any form of discipline.
SPECIAL CONFERENCES
Section 1. Purposes and Procedures. Special conferences for the improvement of professional working relations, health, safety and nursing standards will be arranged between the President of the bargaining unit and the Health Officer upon request of either party. Such meetings shall be between no more than four (4) employees of the Facility who are members of the Association and no more than two (2) non-employee representatives for the Association and the Health Officer and/or other representatives of the Employer. Arrangements for such special conferences are to be made in advance and an agenda of the matters to be taken up at the meeting shall be presented in writing prior to the conference. Matters to be discussed at special conferences shall be limited to those items stated in the agenda. Said conference(s) shall be held at mutually agreeable time(s). Special conferences shall be scheduled within ten (10) days after the request is made.
Section 2. Lost Time. Members of the Association shall lose neither time nor pay for reasonable time spent in such special conferences.
Section 3. Answers. An answer from the County and/or Association shall be made within ten (10) days concerning the matters discussed at the special conference.
SALARIES
Section 1. Salaries. Salaries for full-time and part-time nurses shall be paid in accordance with the Salary Schedule.
Section 2. Credit for Experience.
Nurse Practitioners/Clinic Nurses Unit. When it is determined appropriate by the County to grant credit for prior nursing experience in the Nurse Practitioners/Clinic Nurses Unit, if such credit is granted, it shall be granted according to the following schedule:
Experience Salary Step Credit
First year of nursing experience None
Two years general nursing experience Step 2
Two years of identical nursing experience elsewhere Step 3
Three years general clinical experience Step 3
Three years of identical nursing experience elsewhere Step 4
--The maximum credit to be given would be Step 4 of the salary grade;
--Part-time employment shall be computed on a pro-rata basis;
--Past experience more than five (5) years prior to date of hire shall not be credited;
--Documentation of prior nursing experience shall be the responsibility of the applicant to supply to the Department. Verification of the experience shall be the responsibility of the Department.
All prospective new hires shall be informed of Article 10, Section 2, prior to being hired.
Section 3. Temporary Assignment. Any full-time nurse who, upon the request of the Employer in writing, is temporarily assigned to perform a majority of his/her duties and responsibilities in a position of a higher salary grade for more than three (3) consecutive work days shall be paid at the lower rate in the higher grade which is at least five percent (5%) above his/her current rate, except in the event that Step 1 of the new salary grade is ten percent (10%) above the current wage, said employee shall be placed in Step 1 of the new salary grade. If there is no step in the new salary grade that is between five (5%) and ten percent (10%) higher than his/her regular rate, said employee shall receive an increase of seven and one-half percent (7.5%). An employee so assigned shall advance within that grade on the same basis as other employees within the grade.
Due to the lack of consecutive day scheduling of part-time nurses, any part-time nurse who, upon the request of the Employer in writing, is temporarily assigned to perform a majority of his/her duties and responsibilities in a position of a higher salary grade for more than three (3) consecutively scheduled work days, within one (1) pay period, shall be paid at the lower rate in the higher grade which is at least five percent (5%) above his/her current rate except in the event that Step 1 of the new salary grade is ten percent (10%) above the current wage, said employee shall be placed in Step 1 of the new salary grade. If there is no Step 1 in the new salary grade that is between five (5%) and ten percent (10%) higher than his/her current rate, said employee shall receive an increase of seven and one-half percent (7.5%). An employee so assigned shall advance within that grade on the same basis as other employees within the grade.
A nurse may be temporarily assigned to the work of any position in the same or lower salary grade and shall not suffer any loss of pay during the period of the temporary assignment.
Employees in this Bargaining Unit will not be temporarily placed in a managerial position, except in an emergency condition, without prior approval of the Health Officer or his/her designee.
Section 4. Hours of Work. The normal hours of work for all full-time employees shall be eight (8) hours of work per day, Monday through Friday, and up to sixty consecutive minutes per day for an unpaid lunch. The normal hours of work for all part-time employees shall be a minimum of four (4) consecutive hours of work per day, Monday through Friday, and up to sixty minutes per day for an unpaid lunch.
Section 5. Work Schedules. Department work schedules for employees shall be prepared and posted at least thirty (30) calendar days prior to the schedule's effective date and shall cover at least a four (4) week work period. These shall specify the times at which the scheduled employees begin and end each workday and shall specify the normal days off. The work schedule will not be modified, except to provide coverage for a vacancy or an employee on an approved leave, or in the case of an unanticipated health emergency. Except as provided in Sections 9 and 10 of this Article, employees shall not be called back to work after completing their initial regular scheduled consecutive hours of work. Employees will not be involuntarily, regularly scheduled more than five (5) consecutive days without receiving overtime pay.
Section 6. Staffing for Coverage for Other Than Hours Normally Worked. When staffing is needed for scheduled coverage after 5:00 p.m. and up to 10:00 p.m., or on weekends 8:00 a.m. to 5:00 p.m., the Employer shall first seek volunteers from the employees within the affected classification and clinic. If additional employees are needed those with least seniority in the affected classification and clinic will be assigned to do the required work. If it is necessary to establish additional hours, after 10:00 p.m. or on weekends other than 8:00 a.m. to 5:00 p.m., the Employer and Association will meet for the negotiation of same addressing the issues normally associated with shift operations.
Section 7. Temporary Transfer/Assignment. The Employer agrees that in the event a clinic or unit is in need of additional employee(s) for a limited period of time, and a Nurse Practitioners/Clinic Nurses bargaining unit person is to be used, when a temporary employee or substitute is not used, the temporary transfer/assignment shall be accomplished as follows:
1. The Employer shall determine the clinic or unit and classification that will be used to supply the needed person power.
2. Employees in the appropriate classification who are on a voluntary list from the clinic or unit shall be assigned to the clinic or unit which is in need of temporary assistance.
3. In the event there are not enough capable volunteers on the voluntary list, the Employer shall assign the least senior employee capable of performing the work from the designated classification in question from the surplus clinic or unit.
4. No employee shall be assigned a job without first receiving the appropriate orientation as determined by the Employer.
Section 8. Premium For Other Than Hours Normally Worked. A premium of $2.00 above straight-time rates shall be paid for all hours scheduled and worked after 5:00 p.m. or on weekends or holidays.
Section 9. Call-In Pay. An employee who is called for work by the Employer at a time other than their regular schedule, shall be entitled to be paid a minimum of three (3) hours at their regular rate. Additionally, when an employee is called for work by the Employer at a time other than their regular schedule with less than twenty-four (24) hours advance notice, employee shall be paid for traveling time to and from home. This Section shall not apply to employees on on-call status.
Section 10. "On-Call" Bonus. Effective upon ratification of this Agreement, Nurse Practitioners and nurses assigned to the Communicable Disease Unit on "on-call" status shall receive and will be paid an "on-call" bonus equal to $2.75/hour for weekdays (Monday through Friday) and $3.10/hours for weekends and holidays. (Weekends are defined as beginning at 5:00 p.m. on Friday and running through 7:59 a.m. on Monday.) "On-call" bonus hours shall not be included in calculating overtime, and the "on-call" bonus shall be paid quarterly. "On-call" status bonus shall include work related telephone calls.
Section 11. Work Breaks. Each employee shall be allowed to have two (2) work breaks during the work day. No more than one (1) work break may be taken before lunch. No more than one (1) work break may be taken after lunch on any one day. The duration of said break shall not exceed fifteen (15) minutes in length. Work breaks do not accumulate if not taken.
Section 12. Overtime.
A. Positions of employment covered by this Agreement are professional and sometimes require some incidental uncompensated overtime. For employees in the Nurse Practitioners/Clinic Nurses Unit, specific overtime is that time worked beyond eight (8) compensated hours in a day that is authorized by the employee's supervisor to be worked. This subsection may be modified to pay overtime for time worked in excess of eighty (80) hours in a pay period to accommodate adjustments to the normal work day as provided in Section 13 below when agreed by the Health Officer and the affected employees.
B. An employee shall be compensated within ninety (90) days for specific overtime worked at the rate of time and one-half, be it in money or in time off as agreed between the employee and the Health Officer. However, if the budgetary circumstances of the Department require, the employee shall have to take time off. Complete records of overtime shall be reported each payroll period to the Payroll Department. Any compensatory hours accumulated beyond eighty (80) hours shall be paid off monetarily subsequent to December 31 of each year.
C. Employees shall be paid at the rate of one and one-half time their base rate, excluding all premium or bonus rates, for all approved specific overtime hours.
Section 13. Adjustments to the Normal Work Day. An employee who requests adjustments to the normal work day must seek the approval of their immediate supervisor. The immediate supervisor must ensure that the adjustment will not disrupt the services provided by the unit. If the altered workday presents any problem to the delivery of service or it is deemed in the department's best interest as determined by the supervisor, the immediate supervisor has the authority to terminate any agreement/assignment for an altered workday. An adjustment made in the workday of an employee may include a shortening of the lunch period from the standard sixty (60) minutes to no less than thirty (30) minutes. It is necessary that all adjustments to the workday be reflected on the employee's time card.
Section 14. Retroactivity. Employees who voluntarily or involuntarily terminate their employment, except laid off employees, and employees that have retired and are immediately eligible for MERS benefits, will not receive salary or any other benefits retroactive if terminating before the ratification of this Agreement by the parties. The parties agree that from and after ratification by both parties, Sections 4, 5, 6, 7, 8, 9 and 10 of this Article shall be effective.
VOTING
Employees working an eight (8) hour day on the date of an election are allowed one (1) hour off from their normal duties for the purpose of casting their vote in all State and National elections, with prior approval of the immediate supervisor.
DEFINITION OF EMPLOYEES
Section 1. Full-Time Employees. Employees permanently scheduled to work forty (40) hours per week shall be considered full-time employees. A full-time employee shall be entitled to the benefits enumerated in this Agreement, except where otherwise stated.
Section 2. Part-Time Employees. Employees who are permanently scheduled to work less than full-time but at least half-time (20 hours per week or 40 hours a pay period) shall be classified as permanent part-time employees. They shall:
A. be paid for hours worked at the regular rate of his/her classification;
B. receive overtime on the same basis as full-time employees, as provided in Article 10, Section 12;
C. receive retirement benefits, where eligible, on a prorated basis in proportion to their work schedule;
D. employees permanently scheduled to work between 20 and 29 hours weekly shall receive vacation, vacation bonus, sick leave and holiday pay at one-half rate. They shall also be eligible to receive single-subscriber hospitalization insurance paid by the County;
E. employees permanently scheduled to work between 30 and 39 hours weekly shall receive vacation, vacation bonus, sick leave and holiday pay on a prorated basis. Such employees shall also be eligible to receive two (2) person hospitalization insurance coverage paid by the County;
F. receive dental insurance, as provided in Article 37, Section 1 and Section 3.
Section 3. Special Part-Time Employees. An employee regularly scheduled to work less than 20 hours per week shall be considered a special part-time employee. Such employees shall be eligible for compensation by wages only. They shall not receive any benefits or compensation beyond wages paid for hours worked, unless State or Federal law or County resolution mandates to the contrary.
class=Section7>Section 4. Probationary Employees. New employees shall be on a probationary status for the first six (6) months of their employment.
A. The probationary period may be extended once for not more than thirty (30) working days provided that an evaluation of the employee's performance is made within five (5) months of employment.
B. Probationary employees shall be provided with proper orientation of their duties and responsibilities. The responsibility for said orientation rests with the Department and the nurses may participate. The Department agrees to implement a formal orientation program.
C. The Association cannot represent said employees for discipline and discharge and probationary employees will not have recourse through the grievance procedure.
D. The County may employ as Nurse Practitioner II’s, Registered Nurses who are Master’s prepared as Adult Health Nurse Practitioners, Family Nurse Practitioners, or Women’s Health Nurse Practitioners (that is, they have completed all classroom and clinical requirements for the degree, but still have a project and/or thesis to complete) with the condition that within eighteen (18) months of the date of their employment as Nurse Practitioner II’s they present evidence that they have been granted their Master’s Degrees and have applied for Nurse Practitioner Certification. Within twenty-four (24) months of the dates of their employment as Nurse Practitioner II’s, the employees must provide that they have obtained Nurse Practitioner Speciality Certification on the Michigan Nursing Licenses. Failure to satisfy the requirements listed herein within the time limits listed herein shall constitute just cause for termination from the Nurse Practitioner II position.
Section 5. Temporary Employees. An employee who is hired for a period of six (6) months or less to augment the work force, will be considered a temporary employee and shall not attain seniority in the bargaining unit and shall be compensated by wages only.
Such wages shall not exceed a rate of ten percent (10%) above the beginning salary rate for that position. If a temporary employee is eventually hired into a posted regular position, the normal hiring procedures will be followed to determine the regular compensation rate.
Section 6. Substitute Employees. An employee who is hired to replace an employee on a leave of absence or on workers' compensation, shall be considered a substitute employee and shall not attain seniority in the Unit and shall be compensated by wages only. These employees may be retained for the duration of the regular employees' absence.
Such wages shall not exceed a rate of ten percent (10%) above the beginning salary rate for that position. If a substitute employee is eventually hired into a regular position, the normal hiring procedures will be followed to determine the regular compensation rate.
Section 7. Contracted Benefits. Notwithstanding the above provisions, no benefits shall be afforded to any employee when the County's contractual arrangement with a third party for said benefits does not cover said employee.
PROMOTIONS AND DEMOTIONS
Section 1. Promotion. Employees who meet qualifications will be considered for promotion if they apply at the Human Resources Department for an available position. In order to assure employees an opportunity to apply for an existing vacancy, the County job posting list will be posted on the bulletin board for five (5) days.
Section 2. Demotion. A nurse shall only be demoted for just cause. The demotion may become subject to the grievance procedure.
Section 3. Transfers. In the event of job vacancies or newly created positions within the bargaining unit, employees in the unit will be considered for a transfer within the Health Department. Employees who desire to transfer from one clinic to another, one program to another, one division to another, must do so by providing a written request to the Health Officer within the time limits specified. Lateral transfers shall be acted upon before new employees are hired within the Ingham County Health Department or promotions occur. Vacancies will be posted on the bulletin board for five (5) days. A copy of the job postings, applicants for transfer, and the employee selected shall be provided the Association.
VACATIONS
Section