2006-2008 Collective Bargaining Agreement
AGREEMENT made and entered into this 20th day of December, 2005, by and between St. Barnabas Hospital, with its offices at 183rd Street and Third Avenue, Bronx, New York (hereinafter called "SBH" or the “Employer”), and Special Patrolman’s Benevolent Association, Local 1 with its offices at 1707 Unionport Road, Bronx, New York 10462 (hereinafter referred to as the "Union"), acting herein on behalf of the Employees of the said Employer, as hereinafter defined, now employed and hereafter to be employed and collectively designated as the "Employees."
WHEREAS, the Employer recognizes the Union as the collective bargaining representative for the Employees covered by this Agreement as hereinafter provided, and
WHEREAS, it is the intent and purpose of the parties hereto that this Agreement promote and improve the mutual interests of the patients of the Employer as well as of its Employees and to avoid interruptions and interferences with services to patients and to set forth herein their agreement covering rates of pay, hours of work and conditions of employment.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows:
Recognition - The Collective Bargaining Unit
1. (a) The Employer recognizes the Union as the sole and exclusive collective bargaining representative of all of the Employees in the Security Officer Bargaining Unit.
(b) Excluded from the aforesaid bargaining unit are supervisory, confidential, executive and managerial employees, students, part-time employees who work a total of one-fifth (1/5) of the regular full-time work week or less for the job classifications in which they work, temporary employees, per diem employees and all other employees except Security Officers. The Employer does not intend to utilize per diem employees in an effort to erode the existing Bargaining Unit.
2. Whenever the word "Employee" is used in this Agreement, it shall be deemed to mean the Employees in the bargaining unit covered by this Agreement, as defined in Article I, Section 1 hereof.
3. At the time a new Employee subject to this Agreement is hired, the Employer shall deliver to said Employee a written notice that the Employer recognizes and is in contractual relations with the Union and quoting or paraphrasing the provisions of Articles II and III of this Agreement.
4. Part-time Employees covered by this Agreement shall receive fringe benefits, wage rates and wage increases hereunder on a pro rata basis.
5. The Employer shall prorate paid benefits (i.e., paid: vacations, holidays, sick, free days (also known as personal or elective days), leave for death in the family and paternity leave) based on the average number of hours actually worked per week in a six (6) month period. Computations shall be made every six (6) months. Part-time Employees shall not accrue benefits which are greater than those accrued by a full-time Employee in the same job who is regularly scheduled to work the normal full-time work week.
1. All Employees on the active payroll as of the date of execution of this Agreement who are members of the Union, shall maintain their membership in the Union in good standing as a condition of continued employment.
2. All Employees on the active payroll as of the date of execution of this Agreement who are not members of the Union, shall become members of the Union on the thirty-first (31) day after the execution of this Agreement or the thirty-first (31st) day of employment, whichever is later, and shall thereafter maintain their membership in the Union in good standing as a condition of continued employment.
3. All Employees hired after the execution of this Agreement, shall become members of the Union no later than the thirtieth (30th) day following the beginning of such employment and shall thereafter maintain their membership in the Union in good standing as a condition of continued employment.
4. For the purposes of this Article, an Employee shall be considered a member of the Union in good standing if he/she tenders his/her periodic dues and initiation fee uniformly required as a condition of membership.
5. Subject to Article XXVI, an Employee who has failed to maintain membership in good standing as required by this Article shall, within twenty (20) calendar days following receipt of a written demand from the Union requesting his/her discharge, be discharged if, during such period, the required dues and initiation fee have not been tendered.
6. The Union agrees that it will indemnify and hold the Employer harmless from any recovery of damages sustained by reason of any action taken under this Article.
1. Upon receipt of a written authorization from an Employee in the form mutually agreed upon by the Union and the Employer, the Employer shall, pursuant to such authorization, deduct from the wages due said Employee each bi-weekly payperiod, starting not earlier than the first pay period following the completion of the Employee's first thirty (30) days of employment, and every thirty (30) days remit to the Union regular dues and initiation fee collected during the prior thirty (30) day period . The initiation fee shall be paid in six (6) consecutive monthly installments beginning the month following the completion of the Employee's first thirty (30) days of employment.
2. Employees who do not sign written authorizations for deductions must adhere to the same payment procedure by making payments directly to the Union.
3. The Employer shall be relieved from making such "check-off" deductions upon (a) termination of employment, or (b) transfer to a job other than one covered by the bargaining unit, or (c) layoff from work, or (d) an agreed leave of absence, or (e) revocation of the check-off authorization in accordance with its terms or with applicable law. Notwithstanding the foregoing, upon the return of an Employee to work from any of the foregoing enumerated absences, the Employer will immediately resume the obligation of making said deductions, except that deductions for terminated Employees shall be governed by Paragraph 1 hereof. This provision, however, shall not relieve any Employees of the
obligation to make the required dues and initiation payment pursuant to the Union constitution in order to remain in good standing.
4. The Employer shall not be obliged to make dues deductions of any kind from any Employee who, during any dues month involved, shall have failed to receive sufficient wages to equal the dues deductions.
5. Each month, the Employer shall remit to the Union all deductions for dues and initiation fees made from the wages of Employees for the preceding month, together with a list of all Employees from whom dues and/or initiation fees have been deducted.
6. The Employer agrees to furnish the Union, upon the Union’s reasonable request, the names of newly hired Employees, their addresses, social security numbers, classifications of work, their dates of hire, and names of terminated Employees, together with their dates of termination, and names of Employees on leave of absence.
7. It is specifically agreed that the Employer assumes no obligation, financial or otherwise, arising out of compliance with the provisions of this Article, and the Union hereby agrees that it will indemnify and hold the Employer harmless from any claims, actions or proceedings by any Employee arising from deductions made by the Employer hereunder. Once funds are remitted to the Union, their disposition thereafter shall be the sole and exclusive obligation and responsibility of the Union.
Neither the Employer nor the Union shall discriminate against or in favor of any Employee on account of race, color, creed, national origin, political belief, sex, sexual orientation or age.
Union Activity and Visitation
1. No Employee shall engage in any Union activity, including the distribution of literature, which could interfere with the performance of work during his/her working time or in working areas of the Employer at any time, except as provided in Article XXVI.
2. A representative of the Union shall have reasonable access to the Employer for the purpose of conferring with the Employer, delegates of the Union and/or Employees, and for the purpose of administering this Agreement. Where the Union representative finds it necessary to enter a department of the Employer for this purpose, he/she shall first advise the personnel office or the head of the department or his/her designee in person, as the Employer shall state. A delegate intending to go to a department other than the one he/she represents shall follow the above procedure. Such visits shall not interfere with the operation of the Employer.
(a) Seniority is defined as the length of time an Employee has been continuously employed as a Security Officer at the Employer.
(a) An Employee's seniority shall commence after the completion of his/her probationary period and shall be retroactive to the date of his/her last hire.
(b) Seniority shall accrue during a continuous authorized leave of absence without pay up to six (6) months, or for the period of maternity leave provided that the Employee returns to work immediately following the expiration of such leave of absence; during an authorized leave of absence with pay; during a period of continuous layoff not to exceed the lesser of (i) six (6) months or (ii) the length of an Employee’s continuous employment, if the Employee is recalled into employment; and during a sick leave of up to six (6) months.
3. Loss of Seniority.
An Employee's seniority shall be lost when he/she:
(a) Terminates voluntarily.
(b) Is discharged for cause.
(c) Wilfully exceeds an official leave of absence.
(d) Is laid off for (i) a period of six (6) consecutive months or (ii) a period exceeding the length of the Employee's continuous service, whichever is less.
(e) Fails to return to work on a recall from layoff, within a reasonable time after the Employer has sent notice to him/her to return by letter or telegram to the last address furnished to the Employer by the Employee, unless the Employee has a valid reason for inability to respond.
(a) Seniority shall apply in layoffs, recall and the scheduling of vacations and overtime
(a) In the event of a layoff, probationary Employees shall be laid off first without regard to their individual periods of employment. Non-probationary Employees shall be the next to be laid off on the basis of their Seniority.
(b) If a part time Employee has greater Seniority than a full time Employee who is to be laid off, the part time Employee must accept full time employment in order to continue working.
(a) Whenever a vacancy occurs, Employees who are on layoff (the Employer shall maintain the recall list for no longer than one (1) year from the effective date of the layoff) shall be recalled in accordance with their Seniority.
(b) Probationary Employees who have been laid off have no recall privileges.
(c) A part-time Employee on layoff shall have recall rights to a full-time position only if he/she is willing to work the required full-time schedule of hours.
7. Probationary Employees.
(a) Newly hired Employees shall be considered probationary for
a period of one hundred and eighty (180) days from the date of employment, exclusing time lost for illness and other leaves of absence.
(b) During or at the end of the probationary period, the Employer may discharge any such Employee at will and such discharge shall not be the subject of the grievance and arbitration provisions of this Agreement.
(c) The Employer shall make best efforts to provide appropriate training to newly hired Employees.
8. Promotional Opportunities
(a) The Employer shall make its best efforts to post all vacancies for the title of Seargent in the usual place where the Employer posts vacant positions.
(b) The Employer shall consider seniority, as well as all other qualifications, of all internal candidates.
(c) The Employer shall select the successful candidate to fill Sergeant vacancies, in its sole discretion.
(d) The Employer shall meet with the Union, upon its written request, in the event that the Union objects to the candidate selected to fill a Seargent vacancy, to discuss the selection.
(e) The provisions of Article VI(8) shall not be subject to the grievance and arbitrations provisions of this Agreement.
Wages and Minimums
1. Minimum Rates of Pay
(a) The full time minimum weekly rate of pay shall be $527.29. During the first ninety (90) days of employment the weekly rate of pay shall be $491.47. At the conclusion of the initial ninety (90) day period of employment, and through the completion of the first year of employment, the weekly rate of pay shall be $511.47.
(b) Effective May 1, 2005, each Employee on the payroll on that date and covered by this Agreement, shall receive an increase in his/her base weekly rate of three (3%) percent of his/her April 30, 2005 base weekly rate. In addition, the full time minimum weekly rate of pay shall be $543.10. During the first ninety (90) days of employment the weekly rate of pay shall be $507.29. At the conclusion of the initial ninety (90) day period of employment, and through the completion of the first year of employment, the weekly rate of pay shall be $527.29.
(b) Effective June 1, 2006, each Employee on the payroll on that date and covered by this Agreement, shall receive an increase in his/her base weekly rate of three (3%) percent of his/her May 31, 2006 base weekly rate. In addition, the full time minimum weekly rate of pay shall be $559.39. During the first ninety (90) days of employment the weekly rate of pay shall be $523.10. At the conclusion of the initial ninety (90) day period of employment, and through the completion of the first year of employment, the weekly rate of pay shall be $543.10.
(b) Effective July 1, 2007, each Employee on the payroll on that date and covered by this Agreement, shall receive an increase in his/her base weekly rate of three (3%) percent of his/her June 30, 2007` base weekly rate. In addition, the full time minimum weekly rate of pay shall be $576.17. During the first ninety (90) days of employment the weekly rate of pay shall be $539.39. At the conclusion of the initial ninety (90) day period of employment, and through the completion of the first year of employment, the weekly rate of pay shall be $559.39.
1. The regular work week for all full-time Employees shall consist of thirty-seven and one-half (37½) hours per week. Employees shall receive two (2) days off in each full calendar week except in the event of overtime. The work week shall commence on Sunday and end on Saturday. The regular work week for all part time employees shall be a regular schedule of less than thirty-seven and one-half (37½) hours per week.
2. Employees shall be entitled to two (2) rest periods of fifteen (l5) minutes each in each working day, as assigned by the Employer to each Employee. Employees who are required to work overtime shall be entitled to an additional fifteen (15) minute rest period for each full half shift worked.
As the Employer operates on a twenty-four (24) hour a day basis, seven (7) days each week, weekend scheduling is required. Accordingly, the Employer may schedule the Employees to work on weekends. However, the Employer shall use its best efforts to provide every other weekend off to those Employees who are employed as of the effective date of this Agreement.
1. Employees shall be paid one and one-half (l l/2) times their regular pay for authorized time worked in excess of the regular full-time work week for their classification as set forth in Article XI, Section l and in the case of a regular full-time Employee who is regularly scheduled to work five (5) days per week, for authorized time worked in excess of the regular full-time work day as defined in Article XI, Section 2.
2. Accrued time (Vacation days, Holiday, Jury Duty days, Condolence days, Paternity day, Marriage and Personal/Elective days) used in a week does not count as time worked in connection with computing overtime. Unpaid absences shall not be considered as time worked.
(b) The Employer shall establish a procedure for assigning overtime on an equitable rotating basis among qualified Employees who wish to work overtime starting with the most senior Employee, and when overtime is assigned on a compulsory/mandatory basis, among qualified Employees starting with the least senior Employee.
3. The work week shall commence on Sunday and end on Saturday.
Shifts and Shift Differentials
1. Employees working on shifts whose straight time hours end after seven (7:00) p.m. or begin prior to six (6:00) a.m. shall receive a differential of ten (10%) percent.
2. Employees shall work in the shift, shifts or shift arrangements for which they were hired. The Employer may change an Employee's shift on two (2) weeks notice for good and sufficient reason, and any such change shall apply to the Employee with the least classification seniority qualified to do the work. The notice provision shall be waived in the event of an emergency. Whenever the Employee requests a change of shift, approval of such request shall not be unreasonably withheld if a vacancy exists in the classification in which he/she is then working and if more than one Employee applies, such change shall apply to the Employee with the most classification seniority qualified to do the work
1. Employees shall be entitled to a total of twelve (l2) paid holidays within each year, except as otherwise provided in 3(b) below. If a holiday falls within an Employee's first thirty (30) days of employment, then such Employee shall receive pay for the holiday only upon completion of twelve (l2) months of employment.
2. At least eight (8) such holidays specified in Section l above shall be legal holidays and the balance shall be either legal holidays, religious holidays, free days, or a combination thereof. In any event, such holidays shall be specified in a stipulation (Stipulation I) between the Union and each Employer to be annexed hereto.
3. (a) Recognizing that the Employer works every day of the year and that it is not possible for all Employees to be off on the same day, the Employer shall have the right, at its sole discretion, to require any Employee to work on any of the holidays herein specified; however, the Employer agrees to distribute holidays off on an equitable basis.
(b) In the event an Employee is required to work on any of the first eight (8) legal holidays specified in Stipulation I annexed hereto, he/she shall be paid at the rate of time and one-half his/her regular pay for all hours worked on the holiday, and shall in addition, receive an additional day off with regular pay within thirty (30) days of the holiday, or an extra day's regular pay in lieu thereof, as determined by the Employer. Where premium pay has been paid for more than eight (8) holidays or more paid holidays have been granted, such practice shall continue.
(c) An Employee required to work on any holiday other than those specified in (b) above shall receive a day off with regular pay
within thirty (30) days of the holiday, or, in lieu thereof, shall be paid a day's regular pay at the option of the Employer.
(d) If a legal holiday falls on an Employee's regularly scheduled day off, the Employee shall receive an additional day's regular pay or a day off with regular pay within thirty (30) days of the holiday.
(e) If a legal holiday falls during an Employee's vacation, at the option of the Employer the vacation shall be extended by one (l) day, or the Employee shall receive an extra day's regular pay or a day off with regular pay. In making the determination, the Employer will take into consideration the Employee's expressed preference.
(f) The day on which a holiday is legally celebrated (The term "legally celebrated" shall refer to Public Holidays as defined in the New York General Construction Law, Section 24, as amended) shall be the day on which holiday premium pay is paid to those Employees who work on that day, except that Christmas shall be legally celebrated on December 25th, New Year’s Day shall be legally celebrated on January 1st, and Dr. Martin Luther King's birthday on the day that it is celebrated nationally.
(g) If an Employee is absent the scheduled work day before and/or the scheduled work day after a paid legal holiday or day in lieu thereof, the Employer may demand proof of illness. The Employer may deny pay for such holiday if such proof is requested and not furnished.
4. Employees shall be entitled to the number of "free days" with pay set forth in Stipulation I hereunto annexed. Free days shall be scheduled in advance and with the approval of the Employer. Once scheduled, free days shall not be canceled except in an emergency. Free days shall not be designated by the Employer. Free days shall be pro-rated, one for each three (3) months of employment during a year if four (4) free days are scheduled. The Employer shall retain the same rights to require work on the free days scheduled as on holidays.
1. Employees shall be entitled to accrued vacations each year with pay as follows:
Period of Continuous Employment Amount of Paid Vacation
Less than 6 months None
6 months but less than 5 years 2 weeks
5 years or more 4 weeks
2. Vacation schedules shall be established taking into account the wishes of the Employees and the needs of the Employer. Where there is a conflict in choice of vacation time among Employees, Seniority shall prevail.
3. The vacation eligibility year shall be as heretofore. Each Employee's anniversary date shall be used for vacation purposes.
4. No part of an Employee's scheduled vacation may be charged to sick leave. Vacations shall be taken each year and may not be
accrued from year to year and Employees will not be compensated for vacation time not taken.
5. Vacation pay shall be based upon the Employee's regular pay.
6. All voluntary absences shall not be deemed nor considered as time worked in the computation of vacation pay. Where an Employee has been voluntarily absent, his/her vacation pay shall be pro-rated on a percentage basis, i.e., the period of time actually worked as that period relates to the period of vacation pay due him/her.
1. Employees, after six (6) months of employment, shall be entitled to paid sick leave earned at the rate of one (1) day for each month of employment, retroactive to date of hire, up to a maximum of twelve (12) days per year. Employees, after one (1) or more years of employment with the Employer, shall be entitled to a total of twelve (12) additional days of sick leave as of the beginning of his/her second and each subsequent year of employment, provided that at no time will an Employee be entitled to accumulate more than sixty (60) working days of sick leave during any one year, including the days earned or to be earned in the current sick leave year.
2. Pay for any day of sick leave shall be at the Employee's regular pay.
3. To be eligible for benefits under this Article, an Employee who is absent due to illness or injury must notify his/her supervisor at least two (2) hours before the start of his/her regularly scheduled work day, unless proper excuse is presented for the Employee's inability to call. The Employer may require proof of illness hereunder.
4. Employees who have been on sick leave for three (3) or more consecutive work days may be required to be examined by the Employer's Health Service physician before being permitted to return to duty.
5. If an Employee resigns or is dismissed or laid off and has exceeded his/her allowable sick leave, the excess sick leave paid shall be deducted from any moneys due him/her from the Employer at the time of resignation, layoff, or dismissal.
Employees, after their first thirty (30) days of employment, shall be entitled to paid leave as follows:
1. An Employee shall be paid at his/her regular pay for three (3) working days' absence in the event of the death of his/her parent, spouse, child, brother, sister, grandparent or life partner (“Condolence Days”). Such three (3) days must be taken consecutively within a reasonable time of the day of death or day of the funeral and may not be split or postponed.
2. An Employee shall be paid at his/her regular pay for three (3) working days' absence in the event of his/her marriage; such three (3) days must be taken consecutively.
3. An Employee shall be paid at his regular pay for one (1) working day's absence when his wife has a baby.
4. All Employees who have completed their probationary period and who are called (not volunteered) to serve as jurors will receive their regular pay less their pay as juror for each work day while on jury duty, which shall not include "on-call" jury time when Employees are able to be at work. The receipt of a subpoena or the notice to report for jury duty must be reported immediately to the Human Resources Office of the Employer and the Employer may request that the Employee be excused or exempted from such jury duty if, in the opinion of the Employer, the Employee's services are essential at the time of proposed jury service.
Employees shall be eligible for unpaid leave in accordance with the following:
1. Maternity Leave. Pregnant Employees will be eligible for maternity leave. Maternity leave will be granted for a period not to exceed nine (9) months or the length of physical disability, whichever is greater. However, Employees exposed to radiation who desire to take maternity leave and Employees whose pregnancy requires them to take maternity leave prior to the sixth month of pregnancy will be granted maternity leave for a period of twelve (12) months or the length of physical disability, whichever is greater. The father or mother of a legally adopted or biological child shall receive the same unpaid leave now provided to biological mothers.
2. Military Leave. Leaves of absence for the performance of duty with the U.S. Armed Forces or with a Reserve component thereof shall be granted in accordance with applicable law.
3. Union Business. A leave of absence for a period not to exceed three (3) years shall be granted to Employees with one (1) or more years of bargaining unit seniority in order to accept a full time position with the Union, provided such leaves will not interfere with the operation of the Employer. Employees must reapply each year.
4. Illness or Injury. Employees shall be entitled to leaves of absence for illness or injury for up to two years or length of service, whichever is less, and such leave shall be considered as FMLA leave to the extent of the statutory time available. Employees must provide doctor's certification.
5. Other Leaves.
(a) Leaves of absence without pay for other reasons will not be unreasonably denied by the Employer.
6. While on an unpaid leave of absence, an Employee shall not be entitled to earn holiday pay nor to accrue sick leave time or seniority, except as provided in Article VI. When an Employee returns to work following an involuntary leave of absence, he/she shall be reinstated to his/her former position with seniority. An Employee who returns to work from a voluntary leave of absence will be reinstated to his/her former job or another position within the same classification. As a condition of reinstatement following a leave of absence for illness, the Employer may require the Employee to receive the approval of the Employer's Health Service.
Employees with one (1) or more years of Seniority, who are permanently laid off, shall receive severance pay at the rate of one (1) week's pay for each year of Seniority, pro rated, up to a maximum of four (4) weeks' pay, at his/her regular pay in effect at the time of such layoff, provided that the amount of severance pay shall not exceed the regular pay the Employee would have earned during the period of the layoff.
Health, Dental and Long Term Disability Benefits
1. Employees are eligible to participate in the “St. Barnabas Hospital Health Benefits Plan” (the “Plan”) in accordance with the terms and conditions of the Plan Document and/or the Summary Plan Description. The Plan may be amended and/or terminated by the Employer in its sole discretion, with or without notice, except as required by law, and such amendments and/or termination shall apply to the Employees. This provision of the Agreement shall not provide any greater benefit to the Employees than described in the Plan Document.
2. Employees are specifically excluded from Long Term Disability coverage under the Employer’s Long Term Disability program.
Tax Deferred Annuity or Pension
1. The Employer shall contribute the sum of One Thousand Five Hundred Dollars ($1,500) per annum during 2006, One Thousand Seven Hundred and Fifty Dollars ($1,750) per annum during 2007 and Two Thousand Dollars ($2,000) per annum during 2008 in equal bi-weekly installments to the Union on behalf of each full time Employee on the payroll of the Employer during each bi-weekly payperiod. In the event an Employee has ninety (90) days or less of service as an Employee, then the contribution shall be eighty (80%) percent and in the event an Employee has less than one (1) year of service as an Employee but more than ninety (90) days as an Employee, then the contribution shall be ninety (90%) percent.. The Union shall contribute these funds to tax deferred annuity for each eligible Employee or a pension plan the Union creates for the benefit of the Employees. The Employer’s sole obligation under this Article is to make the contribution to the Union on a timely basis. It is understood that the Employees shall not be eligible to participate in the Employees Retirement Plan of St. Barnabas Hospital and Affiliates, or any successor plan or alternate plan of the Employer.
2. It is specifically agreed that the Employer assumes no obligation, financial or otherwise, arising out of compliance with the provisions of this Article, and the Union hereby agrees that it will indemnify and hold the Employer harmless from any claims, actions or proceedings by any Employee or governmental entity arising hereunder. Once funds are remitted to the Union, their disposition thereafter shall be the sole and exclusive obligation and responsibility of the Union.
l. The Employer shall provide, launder and maintain any uniforms which it requires the Employees to wear, except where an
amount of money is allocated for such purposes as set forth below.
2. In cases where an Employee purchases, launders or maintains required uniforms, an appropriate allowance shall be negotiated.
l. Except as in this Agreement otherwise provided, the Employer retains the exclusive right to hire, direct and schedule the working force; to plan, direct and to control operations, to discontinue, or reorganize or combine any department or branch of operations with any consequent reduction or other changes in the working force; to hire and lay off Employees; to promulgate rules and regulations; to introduce new or improved methods or facilities regardless of whether or not the same cause a reduction in the working force and in all respects to carry out, in addition, the ordinary and customary functions of management. None of these rights shall be exercised in a capricious or arbitrary manner.
2. The Union, on behalf of the Employees, agrees to cooperate with the Employer to attain and maintain full efficiency and maximum patient care and the Employer agrees to receive and consider constructive suggestions submitted by the Union toward these objectives.
3. The Employer may continue to subcontract without restriction.
1. An Employee who resigns shall give the Employer advance notice equal to the initial annual vacation entitlement for his/her job classification.
2. An Employee who gives notice of resignation, as provided above, or whose employment is terminated, shall be entitled to receive payment for unused vacation time accrued on the effective date of the resignation or termination. If notice is not given as provided above, an Employee shall not be entitled to such payment, provided it was possible for the Employee to have given such notice.
Discharge and Penalties
1. The Employer shall have the right to discharge, suspend or discipline any Employee for cause.
2. Upon request, an Employee shall have the right to have a shop steward or union delegate present at the issuance of any disciplinary action as well as during any accusatory interview that may lead to disciplinary action. Should such a shop steward or union delegate be unavailable , one of the Union officers may attend. Should neither a shop steward or union delegate nor a Union officer be available to attend such a disciplinary session at the time and location designated by the Employer, then the Employer will notify the Union in writing of any discharge or suspension within forty-eight (48) hours from the time of discharge or suspension or as soon as practical. If the Union desires to contest the discharge or suspension, it shall give written notice thereof to the Employer within five (5) working days, but no later than ten (10) working days from the date of the issuance of the disciplinary action, or in the event that neither a shop steward or union delegate nor a Union officer attends the disciplinary session, the receipt of notice of discharge or suspension. In such event, the dispute shall be submitted and determined under the grievance and arbitration procedure hereinafter set forth, however commencing at Step 3 of the grievance machinery.
3. If the discharge of an Employee results from conduct relating to a patient and the patient does not appear at the arbitration, the arbitrator shall not consider the failure of the patient to appear as prejudicial.
4. The term "patient" for the purpose of this Agreement shall include those seeking admission and those seeking care or treatment in clinics or emergency rooms, as well as those already admitted.
5. All time limits herein specified shall be deemed exclusive of Saturdays, Sundays and holidays.
No Strike or Lockout
1. No Employee shall engage in any strike, sit-down, sit-in, slow-down, cessation or stoppage or interruption of work, boycott, or other interference with the operations of the Employer.
2. The Union, its officers, agents, representatives and members, shall not in any way, directly or indirectly, authorize, assist, encourage, participate in or sanction any strike, sit-down, sit-in, slow-down, cessation or stoppage or interruption of work, boycott, or other interference with the operations of the Employer, or ratify, condone or lend support to any such conduct or action.
3. In addition to any other liability, remedy or right provided by applicable law or statute, should a strike, sit-down, sit-in, slow-down, cessation or stoppage or interruption of work, boycott, or other interference with the operations of the Employer occur, the Union, within twenty-four (24) hours of a request by the Employer, shall:
(a) Publicly disavow such action by the Employees.
(b) Advise the Employer in writing that such action by Employees has not been called or sanctioned by the Union.
(c) Notify Employees of its disapproval of such action and instruct such Employees to cease such action and return to work immediately.
(d) Post notices at Union Bulletin Boards, if applicable, advising that it disapproves such action, and instructing Employees to return to work immediately.
4. The Employer agrees that it will not lock out Employees during the term of this Agreement.
1. A grievance shall be defined as a dispute or complaint arising
between the parties hereto under or out of this Agreement or the interpretation, application, performance, termination, or any alleged breach thereof, and shall be processed and disposed of in the following manner:
Step 1. Within a reasonable time (except as provided in Article XXIII), an Employee having a grievance and/or his/her Union delegate or other representative shall take it up with his/her immediate supervisor. The Employer shall give its answer to the Employee and/or his/her Union delegate or other representative within five (5) working days after the presentation of the grievance in Step 1.
Step 2. If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the answer in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and his/her Union representative, and presented to the grievant's department head or his/her designee. A grievance so presented in Step 2 shall be answered by the Employer in writing within five (5) working days after its presentation.
Step 3. If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the answer in Step 2, be presented in Step 3. A grievance at this step will be presented in writing to the Human Resources Director, or his/her designee. A grievance meeting will be scheduled for a mutually agreeable date and time during normal business hours promptly following the receipt by either party of a written request by the other for such grievance meeting. The Employer shall use its best efforts to render its written decision within five (5) days after the third step grievance meeting; in no event will its written decision be rendered more than ten (10) days following such meeting.
Failure on the part of the Employer to answer a grievance at any step shall not be deemed acquiescence thereto (except as provided above with respect to third step grievances), and the Union may proceed to the next step.
Without waiving its statutory rights, a grievance on behalf of the Employer may be presented initially at Step 3 by notice in writing addressed to the Union at its offices.
2. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays and holidays.
3. Any disposition of a grievance from which no appeal is taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement.
4. A grievance which affects a substantial number or class of Employees, and which the Employer representative designated in Steps 1 and 2 lacks authority to settle, may initially be presented at Step 3 by the Union representative.
1. A grievance, as defined in Article XXV, which has not been resolved thereunder may, within thirty (30) working days after
completion of Step 3 of the grievance procedure, be referred for arbitration by the Employer or the Union to an arbitrator selected in accordance with the procedures of the American Arbitration Association. The arbitration shall be conducted under the Voluntary Labor Arbitration Rules then prevailing of the American Arbitration Association.
2. The fees and expenses of the American Arbitration Association and the arbitrator shall be borne equally by the parties.
3. The award of an arbitrator hereunder shall be final, conclusive and binding upon the Employer, the Union and the Employees.
4. The arbitrator shall have jurisdiction only over disputes arising out of grievances, as defined in Section 1 of Article XXVI, and he/she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
Effect of Legislation - Separability
It is understood and agreed that all agreements herein are subject to all applicable laws now or hereafter in effect; and to the lawful regulations, rulings and orders of regulatory commissions or agencies having jurisdiction. If any provision of this Agreement is in contravention of the laws or regulations of the United States or of the State of New York, such provision shall be superseded by the appropriate provision of such law or regulation, so long as same is in force and effect; but all other provisions of this Agreement shall continue in full force and effect.
Effective Dates and Durations
1. This Agreement shall be in full force and effect for the period commencing January 1, 2006 and ending December 31, 2008.
IN WITNESS WHEREOF, the Union and SBH have executed this Agreement this ____ day of December, 2005.
Special Patrolman’s Benevolent Association, Local 1
Anthony Monserrate, President
St. Barnabas Hospital
Keith Wolf, Senior Vice President
New Year’s Day
Martin Luther King’s Birthday
Number of “Free” Days
December 20, 2005
Mr. Anthony Monserrate, President
Special Patrolman’s Benevolent Association, Local 1
1707 Unionport Avenue
Bronx, New York 10462
Dear Mr. McCarthy:
This letter is delivered simultaneously with the execution of the 2005 to 2007 Collective Bargaining Agreeement between St. Barnabas Hospital and the Special Patrolman’s Benevolent Association, Local 1 has the same force and effect as if set forth therein.
The Employee and the Union shall meet within thirty (30) days of ratification of this Agreement to discuss the issue of close observation.
Very truly yours,
St. Barnabas Hospital
Keith Wolf, Senior Vice President
Special Patrolman’s Benevolent Association, Local 1
Anthony Monserrate, President