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HPAE Local 5141 Contract Proposals
Submitted November 9, 2009
The Union reserves the right to modify, add to, delete, or otherwise revise itsproposals during the course of the negotiations.
 
November 9, 2009
1
AGREEMENT
This Agreement made as of the ___ day of by and between Newton MemorialHospital, (herein after referred to as the “Employer” or “Hospital”) and the HEALTHPROFESSIONALS AND ALLIED EMPLOYEES, AFT/ AFL-CIO, (hereinafter referred to asthe "Union").
PURPOSE AND INTENT
It is the intent of the parties to set forth their agreement with respect to wages, hours andconditions of employment.
ARTICLE 1. LABOR/MANAGEMENT RELATIONSHIP1.01 Union Recognition #1
The Hospital hereby recognizes the Union as the sole and exclusive bargaining agent pursuant tothe certification of the National Labor Relations Board (22-RC-12944) for the bargaining unit of all full-time and regular part-time staff registered nurses and per diem registered nursesemployed by the Employer, including. Excluded are office clerical employees, managerialemployees, professional employees, guards and supervisors as defined in the National LaborRelations Act.Whenever the terms “employee” or “employees” are used hereinafter in this Agreement, theyshall be deemed to apply only to the employees of the Employer who are included in thebargaining unit.
1.02 New Job Classifications #2
In the event that the Employer establishes a new job classification which falls within the scope othe bargaining unit, as defined in Section 1.01, the Employer shall notify the Union in writing of such an establishment and shall bargain with the Union regarding the terms and conditions of thenew job classification.
1.03 Temporary Employees #3
The definition of a temporary employee shall include any non-bargaining unit personnelperforming bargaining unit work on a temporary basis. Temporary employment may be utilizedonly where no bargaining unit employees are available and under the following circumstances:a.
 
An unforeseen, emergent circumstance that results in the need for staff coverage.b.
 
When an employee has an extended and approved leave due to illness, maternity,education needs and military leave.c.
 
When a prolonged staffing shortage occurs despite a documented recruitment campaign.
 
November 9, 2009
2
Employees may bump any temporary employee with at least four (4) hours notice.No temporary employee shall be hired for the purpose of laying off or replacing a laid off employee in the bargaining unit.A temporary employee who works at the Hospital for greater than a ninety (90) calendar dayperiod shall become and remain a member of the union as a condition of employment.The Hospital shall provide the union with a list of temporary employees, the hours of work,assignments, and hourly rates of pay. Such information shall be provided to the union on amonthly basis.
1.04 Work Preference for Bargaining Unit Employees #4
All preference for all available bargaining unit work and time shall be given to bargaining unitemployees over any other individuals.A non-bargaining unit employee shall be pulled, reassigned, cancelled, or transferred beforebargaining unit employees.Except for occasional assistance and training, and in unforeseen emergency circumstances,supervisors/managerial staff shall not perform the work customarily performed by bargainingunit employees.
1.05 Sub-contracting #5
There shall be no sub-contracting of bargaining unit work during the term of the agreement.
1.06 New Workplace Technologies #6
When used in this section, the term “technologies” shall be interpreted to include computerhardware and software, materials, equipment, machinery, and tools.The Hospital shall provide the Union, in writing, with advanced notice of any proposed changesin technologies at least ninety (90) days before the proposed date of implementation. Such noticeshall contain a full description of the change, the proposed implementation timetable, and theimpact on employeesNo members of the bargaining unit shall be laid off or lose wages and benefits as a result of newworkplace technologies.Nothing in this section shall be interpreted to replace or diminish the Union’s statutory right tobargain over any changes that are mandatory subjects of bargaining and/or that impactmandatory subjects of bargaining.
1.07 Status of the Bargaining Unit #7
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