Collective Bargaining Agreement 1199 Harlem

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

1199 SEIU, NEW YORK’S HEALTH AND
HUMAN SERVICE UNION

AND

THE TRUSTEES OF COLUMBIA UNIVERSITY
IN THE CITY OF NEW YORK AND THE
COLUMBIA UNIVERSITY AFFILIATE
AT HARLEM HOSPITAL

February 1, 2002 to July 31, 2005

TABLE OF CONTENTS

1	Recognition - The Collective Bargaining Unit	28	Medical Exams
2	Union Security	29	Management Rights
3	Check - Off	30	Resignation
4	Non Discrimination	31	Discharge and Penalties
5	Union Activity, Visitation and Bulletin Boards	32	No Strike or Lockout
6	Joint Placement Service	33	Grievance Procedure
7	Probationary Employees	33(A)	Mediation/Labor-Management Committee
8	Temporary Employees	34	Arbitration
8 (A)	Vacancies and Emergency Vacancies	35	Effect of Legislation Separability
9	Seniority	36	Child Care/Youth Fund
9 (A)	Job Security	37	Housing
10	Wages and Minimums	38	Health and Safety
11	Hours	39	Local 1199 / Employer Labor-Management Committee
12	Weekend Schedule	39(A)	Professional/Technical Practices Committees
13	Overtime	40	Contract Interpretation and Policy Committee
14	Shifts and Shift Differential	41	Quality Care Committee
15	Holidays	42	P&P Fund
16	Vacation	43	Miscellaneous
17	Sick Leave	44	Effective Dates and Duration
18	Paid Leave	Agreement Letter
19	Unpaid Leave	Exhibit A – Check-Off Authorization
20	Past Practices	Exhibit B – Credit Union Check Off Authorization
21	Severance Pay	Stipulation I – Bargaining Unit
22	Training and Upgrading	Stipulation II – Minimum Rates
23	Benefit Fund	Stipulation III – Past Practices
24	Pension	Stipulation IV – Heat Days
25	Enforcement of Articles 9 (A),22, 23, 24,36	Stipulation V – Neutrality
26	Uniforms	Stipulation VI – Benefits Fund
27	Social Security

AGREEMENT made and entered into this 25^th day of March, 2002, by and between the Trustees of Columbia University in the City of New York and the Columbia Affiliate at Harlem Hospital located at 135^th Street and Lenox Avenue, New York, New York, 10037 (herein after called the "Employer") and 1199 SEIU, New York's Health and Human Service Union with its offices at 310 W. 43^rd Street, New York, New York (herein after 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".

WITNESSETH

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:

ARTICLE 1: RECOGNITION - THE COLLECTIVE BARGAINING UNIT

1. The Employer recognizes the Union as the sole and exclusive collective bargaining representative of all of the employees in the bargaining unit(s) set forth in a stipulation (Stipulation I) between the Union and the Employer to be annexed hereto.
2. Excluded from each of the aforesaid bargaining units are supervisory, confidential, executive and managerial employees, physicians, dentists, registered nurses, students whose performance of work at the Employer is a part of the educational course of study such students are pursuing, 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 as defined herein, and such other Employees as are listed as excluded in the stipulations hereunto annexed. Effective October 1, 1992, any Employee hired to work one fifth (1/5) or less of the regular full-time work week for his/her classification shall be covered by the Agreement if he/she works more than sixteen shifts within any period of up to thirteen weeks. Bargaining unit coverage shall be retroactive to the first day of the thirteen-week period.
1. It is agreed that this contract shall apply and continue in full force and effect at any location to which the Employer may move. It is further agreed that this contract shall apply to any new or additional facilities of the Employer and under its principal direction and control within the five boroughs of New York City, Nassau, Suffolk and Westchester counties.
2. This agreement is binding on the Employer known by its current name and any future names and its successors and assigns, including but not limited to Harlem Renaissance Center or Generation Plus Network.
3. The Employer will provide the Union with seven (7) days notice subsequent to the completion of arrangements for all expansions, acquisitions, sales, new facilities, mergers within the five boroughs of New York City, Nassau, Suffolk and Westchester counties.
To the extent permitted by law, whenever the Employer hereafter shall enter into an Affiliation agreement with the City of New York, the Employer shall extend recognition to the Union hereunder for the Employees employed by the Employer under such affiliation and this contract shall apply to such Employees.
Whenever the word "Employee" is used in this Agreement, it shall be deemed to mean the employees in the bargaining unit(s) covered by this Agreement, as defined in Article I, Section 1 hereof.
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 2 and 3 of this Agreement.
Part-time Employees covered by this Agreement shall receive fringe benefits, wage rates and wage increases hereunder on a pro rata basis.
The Employer shall prorate paid benefits (i.e., paid: vacations, holidays, sick leave, free 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. 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.
The provisions of the League-1199 agreement on Neutrality with respect to residual classifications and residual units are attached as Stipulation V.

ARTICLE 2: UNION SECURITY

All Employees on the active payroll as of February 1, 2002, who are members of the Union shall maintain their membership in the Union in good standing as a condition of continued employment.
All Employees on the active payroll as of February 1, 2002, who are not members of the Union shall become members of the Union within thirty (30) days after the effective date of this Agreement, except those who were required to become members sooner under the expired Agreement who shall become members on the earlier applicable date, and shall thereafter maintain their membership in the Union in good standing as a condition of continued employment.
All Employees hired after February 1, 2002 shall become members of the Union no later than the thirtieth (30^th) 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.
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.
Subject to Article 33 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 discharge, be discharged if, during such period, the required dues and initiation fee have not been tendered.
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.

ARTICLE 3: CHECK-OFF

Upon receipt of a written authorization from Employee in the form annexed hereto as Exhibit A, or in any other form designated by the Union necessary to accommodate any changes in the 1199 dues or initiation fee structure, the Employer shall, pursuant to such authorization, deduct regular dues and/or initiation fees as established from time to time by the Union from the wages due said Employee. Such deduction shall start no later than the first pay period following the completion of the Employee’s first thirty (30) days of employment. The Employer shall remit to the Union all deductions for dues and/or initiation fees made from the wages of all Employees on or before the fifteenth (15^th) day of the month following the month in which paycheck was dated from which those dues and initiation fees were deducted.

This remittance shall be accompanied by a list of all Employees on whose behalf dues and initiations fees are being paid. Such list shall include, for each Employee, the following information: Institution, employee’s name, social security number, job classification, amount of dues remitted, amount of initiation remitted, hours worked, gross pay, and total pay subject to dues deduction.
At the written request of the Union made in accordance with the provisions of this paragraph 2, the Employer shall deduct from the wages due an affected employee an amount stated by the Union to be unpaid dues and/or initiation fees. Such a written request for unpaid dues shall be made by the Union no more frequently than twice a year on January 1 and/or July 1. The Request shall include the name, social security number, amount of dues and/or amount of initiation to be deducted from the employee’s wages, and the number of installments by which the total shall be deducted.

With the written Request, the Union shall send the Employer a copy of a letter that has been sent to each listed employee advising them of the Union’s dues and initiation fee policies, the amount of dues or initiation fees owed by the members, an explanation of the computation, and the procedure by which such unpaid dues and/or initiation fees shall be deducted by the Employer. The letter shall advise the employee to direct any question on this deduction to the Union. The Employer shall provide the Union with the name, title, and telephone number of the person to which Requests pursuant to this paragraph shall be submitted.

The Employer shall make the first deduction pursuant to the request no more than thirty (30) days after receipt of the Request, and shall remit the deductions on the same schedule as set forth in #1 above.

The Employer shall provide to the Union a separate list of all employees on whose behalf payments pursuant to this paragraph 2 are being made. Said list shall include name, social security number, and amount of dues and/or amount of initiation remitted.

The limitation of submission of Requests on January 1 and July 1 shall not apply when an employee is a new hire from whom deduction of dues and/or initiation were not initiated timely. In such cases, deduction of dues and/or initiation by the Employer shall commence immediately on the Employer receiving written authorization.

The Employer shall not be required to attempt to recover unpaid dues or initiation fees from employees who have terminated employment and received their last wages prior to the receipt of the Request.
Employees who do not sign written authorizations for deductions must adhere to the same payment procedure by making payments directly to the Union.
Upon receipt of a written authorization from an Employee in the form annexed hereto as Exhibit B, the Employer shall, pursuant to such authorization, deduct from the wages due said Employee each pay period, starting not earlier than the first period following the completion of the Employee’s first thirty (30) days of employment, the sum specified in said authorization and remit same to the Local 1199 Credit Union, or successor credit union, bank or other financial institution ("the Credit Union") to the credit or account of said Employee. If the Employer’s payroll system permits, such deductions shall be remitted to the Credit Union on each pay date via ACH or similar electronic funds transfer system, directly to the account of the Credit Union as designated by the Credit Union as to account number and place, for the benefit of each participant, with funds available in "US Funds" on the scheduled payroll date. Such transmittal shall contain for each participant, the name, social security number prefixed with a "0" (making a 10-digit number), description, Institution name, and Institution’s Credit Union ID.

If an ACH transfer is not possible under the Employer’s payroll system, the Employer shall wire the funds to the Credit Union on each paydate to the account of the Credit Union as designated by the Credit Union as to account number and place, and shall at the same time e-mail to the Credit Union a file containing the same information as listed above, written in a common spreadsheet program or ASCII, together with the total of the funds that have been transmitted.
Upon receipt of a written authorization from an Employee in the form annexed hereto as Exhibit C, or in any other form designated by the Union and necessary to accommodate political action deductions, the Employer shall, pursuant to such authorization, deduct from the wages due said Employee once a month the sum specified in said authorization and remit the funds to the 1199 Political Action Fund, in the same manner and at the same time as the Employer shall remit dues and initiation as described above. This remittance shall be accompanied by a list of all Employees on whose behalf deductions are being submitted. Such list shall include, for each Employee, the following information: Institution, Employee’s Name, Social Security Number and amount remitted.
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 in section (b) – (d), 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 Employee of the obligation to make the required dues and initiation payment pursuant to the Union constitution in order to remain a member in good standing of the Union.
The Employer shall not be obliged to make 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.
The Employer agrees to furnish the Union each month within fifteen (15) days after the end of the month a listing in order of social security numbers of the names of all bargaining unit Employees paid at any time in the prior month, their addresses, social security numbers, classifications of work, their date of hire, and if terminated during the month, their date of termination; and names of bargaining unit Employees on leave of absence together with their beginning dates of leave of absence and type of leave.
Upon receipt of a written authorization from an Employee in the form approved by the 1199 Pension Fund Trustees the Employer shall, pursuant to such authorization, deduct from the wages due said Employee once a month the sum specified in said authorization and remit same to the 1199 Pension Fund as the monthly repayment of the Employee’s loan obtained from such Fund on or before the fifteenth (15th) day of the month following the month in which the paycheck was dated from which the deduction was made. It is specifically agreed that the Employer assumes no obligation, financial or otherwise as a result of compliance with this provision.
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. The Union further indemnifies and holds the Employer harmless from any claims, actions or proceeding by any government agency or by any groups so long as such groups are not funded directly or indirectly by the Employer for the Political Action Fund. Once funds are remitted to the Union, their disposition thereafter shall be the sole and exclusive obligation and responsibility of the Union.
Any list required hereunder that contains in excess of twenty-five (25) names shall be transmitted to the Union or the Credit Union in electronic form in the format agreed to between the League and the Union. The Employer shall provide to the Union and the Credit Union the name, title, e-mail address, and telephone number of one person responsible for each separate dues/initiation remittance list to be submitted pursuant to this paragraph who can directly authorize and produce such electronic transmission.
The Union may process arbitration claims under this Article III before the Funds Arbitrator designated in Article XXV section (5), and pursuant to the procedures set forth in that section. No other sections of that Article shall apply.
Electronic Dues Transmission and Reporting:
It is the agreement of the Employer and the Union to implement electronic transmission of dues remittances and reports and to streamline reporting requirements. The League and the Union will meet to discuss the most practicable implementation program to achieve this objective.

ARTICLE 4: NON DISCRIMINATION

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 or age.
Sexual Harassment:
1. The Employer will instruct its supervisory and managerial staff that sexual harassment will not be permitted or tolerated.
2. Management and supervisory staff will receive regular periodic updates on sexual harassment policy, standards of acceptable (and unacceptable) behavior and consequences for violations of policy.
The Employer after notification to the Union shall be permitted to take all actions legally required to comply with the Americans with Disabilities Act.

ARTICLE 5: UNION ACTIVITY, VISITATION AND BULLETIN BOARDS

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 32.
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 the 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.
The Employer shall provide bulletin board (s) which shall be used for the purpose of posting proper Union notices. Such bulletin board (s) shall be placed conspicuously and at places readily accessible to workers in the course of employment.
The work schedules of Employees elected as Union Delegates shall be adjusted to permit attendance at regular delegate assembly meetings providing Employer operations shall not be impaired.
The Union will provide a listing of its representatives at member institutions, including delegates, to the Employer annually. In the event the Union changes its representatives at member institutions, the Union promptly shall notify the Employer, in writing, of such change.
Two employees will be granted release time to attend the League – 1199 negotiations for the agreement expiring in 2005, as observers for the Harlem Hospital 1199 unit.
Contract and Benefits Administration Program:
The Employer and the Union have agreed to implement an employee released time program to provide for labor relations and benefits administration. Within thirty days following ratification hereof, representatives of the Employer and the Union shall meet to draft the language to implement this program. The preceding shall not apply following the end of the term of this Agreement, unless extended by mutual agreement of the Employer and the Union.

ARTICLE 6: JOINT EMPLOYMENT PLACEMENT SERVICE

Subject to the Employer’s obligation to fill vacancies from referrals from the Job Security Fund Central Placement Office, the Employment Placement Service will be the sole source of referrals for all 1199 bargaining unit jobs for a seven (7) day period. This service will include referrals of agency and per diem workers. A priority consideration for employment will be given to qualified referrals. In emergency situations or cases where qualified agency or per diem workers are not available, the Employer may hire without going through the Employment Placement Service. Disputes will be subject to review by the Contract Interpretation and Policy Committee (process).

The Employment Placement Service shall maintain a computerized bank of prospective employees from all sources, and shall maintain a validation process by which employee’s prior work performance, licensure and certification are verified.
Neither the Service in referring, nor the Employer in hiring, shall discriminate against an applicant because of membership or non-membership in the Union or any ground prohibited under Article 4 of this Agreement.
1. The Employer shall notify the Service of all bargaining unit job and training position vacancies including temporary and part-time vacancies and positions to which its laid off employees may be eligible for recall, and shall afford the Service seven (7) days from the time of notification (exclusive of Saturdays and Sundays) to refer applicants for the vacancy before the Employer hires from any other sources except from the Job Security Fund Central Placement Office. In referring applicants, after persons on layoff from the Employer have been recalled, and after Job Security Fund referrals, the Service shall refer persons as determined by the Director of the Employment Placement Service.
  * Where the Employer has an affiliated school or University program and where students do their practical work at the Employer, the Employer may offer vacant positions to said students at its discretion without referring to the Employment Service, notwithstanding para. 7, below.
2. Notwithstanding the foregoing, the Employer, after giving notice to the Service, may fill vacancies if it must fill the position without delay to meet an emergency or to safeguard the health, safety or well-being of patients, provided that such vacancy may not be filled on a permanent basis.
Notwithstanding the foregoing, and subject only to the mandatory hiring obligations from the Job Security Fund Central Placement Office, the Employer retains the right to hire such applicants referred by the Service as it deems qualified, in its sole discretion, and the right to hire applicants from other sources in the event the Service does not refer qualified applicants within seven (7) days, except that the Employer shall not, without giving a reason, reject an applicant (other than an Employee on layoff from the Employer) sent by the Service where the Service sends a minimum of three (3) applicants who have the minimum qualifications for the job and have at least three (3) years recent experience in the same or similar job with a League member.
Any applicant hired into a permanent job shall have a Certificate issued by the Employment Service. All applicants referred to the Employment Service by the Employer shall be issued a Certificate.
The Employer agrees to notify and utilize the Employment Placement Service, if established, in accordance with the procedure in this Article 6 for all short-term positions, including temporary positions, agency referrals, and positions for one-fifth (1/5) of the work week or less. In hiring short term workers for one-fifth (1/5) or less of the work week, the Employer may use other sources.

ARTICLE 7: PROBATIONARY EMPLOYEES

Newly hired Employees shall be considered probationary for a period of ninety (90) days from the date of employment, excluding time lost for sickness and other leaves of absence.
Where a new Employee being trained for a job spends less than twenty-five (25%) percent of his/her time on the job, only such time on the job shall be counted as employment for purposes of computing the probationary period.
The probationary period for a part-time employee whose regularly scheduled work week is less than three-fifths (3/5) of the regular work week applicable to his/her job classification shall be four (4) consecutive months.
Notwithstanding the foregoing, the probationary period for social workers including part-time social workers, as has been past practice, shall be six (6) months.
During or at the end of the probationary period, the Employer may discharge any such Employee at will and such discharge shall not be subject to the grievance and arbitration provisions of this Agreement.

ARTICLE 8: TEMPORARY EMPLOYEES

A temporary employee is one who is hired for a period of up to three (3) months and is so informed at the time of hire, and who is hired for a special project or to replace an Employee on leave or vacation. The said three (3) month period may be extended by the Employer at its option up to an additional three (3) months or for the length of the leave of the Employee being replaced, whichever is greater. Such Employee shall become a member of the Union after the Expiration of the initial three (3) month period.
Temporary employees will receive holiday pay in the same manner as regular employees.
After three (3) months, temporary employees will begin to accrue vacation and sick leave beginning with the first day of the fourth month of employment. If, however, temporary employees are retained beyond six months in continuous employment, the accrual of vacation and sick leave will be from the first day of employment.
Contributions to the National Benefit Fund for Hospital and Health Care Employees on behalf of temporary employees shall commence after three (3) months of employment and shall cover the payroll periods beginning with the first day of the fourth month.
Contributions to the 1199 Pension Fund for Hospital and Health Care Employees and the Hospital League/District 1199 Training and Upgrading Fund will not be made on behalf of employees unless and until they begin permanent employment, in which case such contributions shall commence for the payroll period in which they are made permanent.
A temporary employee who has been employed three (3) months or longer shall be treated as a regular employee for the purpose of filling vacant or available permanent positions for which the employee is immediately qualified. A temporary employee who is retained as a temporary employee after the initial three (3) month period shall be entitled, when replaced by the returning employee, to bump an employee with less bargaining unit seniority, subject, however, to subsection 7(b) of Article 9.
The Employer agrees to notify and utilize the 1199 Referral Service or 1199 Agency, if established, in accordance with the procedure set forth in Article 6 for all short-term positions, including temporary positions, agency referrals, and positions for one fifth (1/5) of the work week or less. In hiring short-term workers for one fifth (1/5) or less of the work week the Employer may use other sources.
Prior to hiring temporary Employees to fill temporary positions, the Employer shall:
1. Offer the position to Employees with layoff/recall rights;
2. Offer the position to 1199 members in the City-wide layoff pool;
3. Offer additional hours to incumbent part-time Employees in the classifications by seniority, provided they commit to covering the entire assignment for the duration of the opening. Said part-timers shall have the right to return to their former positions at the end of the temporary position;
4. Utilize the Employment Service; or
5. Utilize the 1199 Referral Service in #7 above, if established, which shall provide staff for short-term need at competitive rates;
6. Offer overtime to incumbent Employees if practicable.
An agency worker may be used to fill a temporary position as defined herein if the Employer is unable to fill the temporary position from the sources listed above.

ARTICLE 8 (A): VACANCIES AND EMERGENCY VACANCIES

The Employer shall fill vacant positions (positions for which the Employer is actively recruiting for which no Employee at the institution has exercised rights under the agreement and after the position has been submitted to the City-wide layoff pool and the Employment Service) in the following order:
1. Offer the extra hours to incumbent part-timers by seniority who will commit to covering the entire assignment for the duration of the opening;
2. Offer overtime where practicable;
3. Use agency workers under the following conditions:
  1. Use of agency workers shall be permissible for one three (3) month period (October 1, 1992 to September 30, 1993) or thereafter for only one two (2) month period for each specific vacancy as defined in (a) above.
  2. If an agency Employee is used to temporarily fill a vacant position beyond the aforementioned time period, the Employer shall either place such Employee on its payroll or employ another person. The Employee will be covered by the collective bargaining agreement effective on the first day after the time limits in (i) above.
  3. There shall be no extension of these time limits.
In the event of an emergency vacancy of up to five (5) business days or less due to bereavement leave, illness or emergency family care, the Employer shall have the right to use agency Employees if the position cannot practicably be filled by a part-time Employee or by use of overtime.
At the end of said two (2) or three (3) month period for filling vacancies, or five (5) days for emergency leave or three (3) months filling a temporary position, agency workers shall be removed from agency payroll and placed on the Employer payroll as bargaining unit members. Subject to this section, agency workers hired to fill vacancies, vacations, special projects, emergency leaves or temporary positions are not in the bargaining unit.
If areas of frequent utilization of agency Employees are determined, the Employer and the Union shall undertake training initiatives to fill vacancies by use of in-house staff. Such initiatives shall include jointly notifying the Training Fund to undertake training programs for said shortage areas, including training workers in multi skills and for particular classifications. The institution agrees to make space available on-site or assist in locating space in the area of the institution.

ARTICLE 9: SENIORITY

Definition
1. Bargaining unit seniority is defined as the length of time an Employee has been continuously employed in any capacity in the Employer.
2. Classification seniority shall be defined as the length of time an Employee has worked continuously in a specific job classification within a Department.
Accrual
1. 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.
2. Bargaining unit seniority shall accrue during a continuous authorized leave of absence without pay up to twenty-four (24) 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 twelve (12) months or the length of an Employee’s continuous employment, if the Employee is recalled into employment; and during a sick leave of up to twenty-four (24) months .
3. Classification seniority shall accrue during the periods specified in (b) above and during the time an Employee works in a specific job classification.
4. Temporary Employees, as defined in Article 8 shall have no seniority during the first three (3) months they occupy the status of temporary Employees, but if employed longer than three (3) months or should any temporary Employee become a permanent Employee, than his/her seniority shall be retroactive to the date of employment, except as otherwise provided in Section 4 (c).
5. Part-time employees who are regularly scheduled to work three-fifths (3/5) or more of the regular work week applicable to his/her job classification shall accrue seniority as set forth in (a), (b) and (c ) above. Part-time employees who are regularly scheduled to work less than three-fifths (3/5) of the regular work week applicable to his/her job classification (except those employed as of September 30, 1974 whose seniority shall be governed by the provisions of the contract expiring September 30, 1974, shall accrue seniority in accordance with the following formula:
  
  Length of service
  X
  (Straight time hours paid) /
  (Number of hours constituting the regular work week)
  
  For purposes of computing vacation entitlement, however, all part-time employees shall accrue seniority as set forth in (a), (b) and (c ) above.
Loss of Seniority

An Employee’s seniority shall be lost when he/she:
1. Terminates voluntarily.
2. Is discharged for cause.
3. Willfully exceeds an official leave of absence.
4. Is laid off for a period of twelve (12) consecutive months or a period exceeding the length of the Employee’s continuous service, whichever is less.
5. 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.
Application
1. Bargaining unit seniority shall apply in the computation and determination of eligibility for all benefits where length of service is a factor pursuant to this Agreement.
2. Henceforth all layoffs and recalls will be by bargaining unit seniority within classification or groups. The Employer shall adopt recommendations of the Committee established in paragraph 2 (h) of the League/1199 Memorandum of Agreement, dated September 17, 1994, as agreed to by the League and the Union.
3. Classification seniority shall apply in layoffs and recalls and for scheduling of vacations as herein provided.
4. Employees specifically covered by this Agreement as set forth in the stipulations referred to in Article I, Section 1(a), more than 50% of whose pay is charged to a special or non-budgetary fund and who are informed at the time of their hire or at the time of transfer that their employment is for a special non-budgetary or research project and subject to this provision, shall, for the purposes of layoff, be considered to have classification seniority which may be exercised only within the project or grant to which assigned. Such Employees shall be considered to have bargaining unit seniority for purposes of transfer or recall to a vacant position outside of the special project, provided in each case that the Employer determines that the Employees retained or recalled have the ability to do the work. Such determination by the Employer shall not be arbitrary.
  
  Employees, 50%, or more, of whose pay is charged to an Employer’s budget shall be considered as having seniority on that basis and not under a grant.
Layoff
1. 1. In the event of a layoff within a job classification or group, probationary Employees within that job classification or group 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 bargaining unit seniority.
  2. A non-probationary Employee shall not be laid off if, at the time of the prospective layoff, temporary or agency employees are being utilized in the Employee’s classification or group (where applicable) and the Employee accepts the same assignments and schedule as the temporary/agency employee(s) in lieu of layoff. At the time of layoff, it shall be the Employee’s option as to whether to accept such assignment or exercise rights under Article 9 (Layoff) and Article 9A (Job Security). If the Employee accepts such assignment, the Employee is not laid off and remains an Employee with recall rights commencing from the date the Employee starts such assignment.
    
    The Employer shall use best efforts to consolidate temporary, agency and less than one-fifth work schedules to create regular positions for Employees who would otherwise be laid off.
    
    Upon request, at the time of layoff, the employer shall provide to the Union an updated schedule of all temporary and agency employees and one-fifth or less Employees in the relevant classification(s).
2. In the event an Employee is scheduled to be laid off in one Department and there exists a vacant position in another Department which the Employee has the ability to perform, then bargaining unit seniority shall prevail in assigning such Employees scheduled to be laid off to such vacant jobs. This provision is not intended to circumvent paragraph 8 of this Article.
3. If a part-time Employee has greater full-time equivalent seniority than a full-time Employee in the same classification who is to be laid off, the part-time Employee must be willing to accept full-time employment to continue working.
4. Displacement
Recall
1. Whenever a vacancy occurs in a job classification, Employees who are on layoff in that classification or group shall be recalled in accordance with their bargaining unit seniority in the reverse order in which they were laid off. If a vacancy occurs in a job classification or group where no Employee in that classification has recall rights, then the laid off Employee with the most bargaining unit seniority will be recalled if he/she has the ability to do the work, and if not, the next senior Employee will be recalled, and so on.
2. Probationary Employees who have been laid off have no recall privileges.
3. A part-time Employee on lay off shall have recall rights to a full-time position only if he/she is willing to work the required full-time schedule of hours.
1. It is agreed in principle that for the purpose of applying seniority to recalls and to vacant positions and to layoffs, Employees in job classifications of similar types and requiring similar skills shall be grouped together.
2. The University shall use its best efforts to place permanent Employees designated to be laid off into vacant positions for which they are qualified if they can fully perform the job.
3. In the event of a layoff of any Employee, there shall occur only one "bump" in the Employer. The only employee who may be bumped by the Employee originally scheduled to be laid off shall be the Employee with the least bargaining unit seniority who is in the classification or group (where applicable). An Employee who is "bumped" shall himself have no bumping rights.
Promotions
1. Where a promotional vacancy in a bargaining unit job occurs, the Employer shall post a notice of such vacancy on the bulletin boards it ordinarily uses for notices to bargaining unit Employees for a period of not less than three (3) working days excluding weekends and holidays before the vacancy is filled. Where two or more Employees are under consideration for such vacancy, the Employer shall promote the Employee with the greatest seniority, unless as between or among such Employees there is an appreciable difference in their ability to do the job. Where an emergency exists, the Employer may dispense with the posting requirements. Disputes under this provision shall be subject to the grievance and arbitration provisions of the Agreement.
2. An Employee who is promoted shall, upon promotion, receive an increase equal to the difference between his/her prior rate and the minimum rate for the job which he/she is promoted or ten dollars ($10.00) per week, whichever is greater (prorated in the case of part-time employees).
3. An Employee who is promoted shall serve the same probationary period on the new job as a new hire. If he/she is removed from the new job during the probationary period, he/she shall be returned to his /her former job without loss of seniority or other benefits, excepting that if he/she is discharged, his/her rights shall be subject to Article 31 of this Agreement.
4. A bargaining unit job vacancy shall, as to any Employee under consideration for such vacancy, be deemed a promotion if the difference in minimum rates between the job occupied by the Employee and the job in which a vacancy exists is at least five ($5.00) dollars per week, or if the vacancy exists within a job classification (for example, a Staff to Senior title, "A" to "B", "I" to "II"). If the new job in which the Employee is placed is considered a promotion under the foregoing provision, he or she shall receive the guaranteed increase as set forth in paragraph 8 (b). If the new job in which the Employee is placed is not considered a promotion under the foregoing, the Employee shall receive either his or her present salary or the minimum rates for the new job, whichever is higher.
Lateral Transfer

Where a vacancy occurs in a bargaining unit job (other than a promotional vacancy), any Employee with a satisfactory work record and with at least one (1) year of service in his/her present job may request, in writing, a transfer to fill such a vacancy provided that the Employee has the necessary qualifications to perform the job and provided further that such transfer will not unreasonably reduce the operational efficiency of any department. Where two (2) or more Employees request such transfer in writing, the Employer shall transfer the Employee with the greatest seniority, unless as among such Employees there is an appreciable difference is their ability to do the job.
Promotional and Lateral Transfers

For the purpose of promotions and lateral transfers where two or more employees have the same classification seniority, bargaining unit seniority shall prevail unless as between these employees there is an appreciable difference in the ability to do the job.
Consolidation of Departments and Mergers
1. When institutions consolidate departments in separate locations which are represented by 1199, the following terms shall apply to Employees of the affected departments:
  1. Employee transferred from one location to another shall carry their bargaining unit seniority.
  2. Employees shall be eligible for vacancies and promotional opportunities in the consolidated department(s) based upon their bargaining unit seniority
  3. Employees shall carry their protected status from one location to another.
  4. An Employee who transfers as the result of a department consolidation shall suffer no reduction in base weekly salary. In addition, she/he shall receive contract increases in base weekly rate. Step increases shall be up to the amount(s)which bring the Employee to the pay step for someone of his/her experience at the new location.
  5. The Employee shall retain all time off accruals (e.g. sick, vacation, personal, holiday).
  6. Except as provided above, Employees transferred from one location to another shall be bound by the terms and conditions applicable at the new location.
  7. If there are differences in terms and conditions among the current locations, and a new location is established, the parties shall negotiate which of these terms and conditions apply at the new location.
2. An Employee who would be laid off shall be eligible for placement and/or recall into a bargaining unit vacancy, after internal transfers, promotions and recall rights, if any, at a merged institution. The placement of an Employee subject to lay off shall be for a vacancy in the same classification or group (where applicable)which is part of the bargaining unit at the institution where the vacancy exists. In addition, the Employee must be qualified and able to perform the vacant job according to the standards at the institution where the vacancy exists. An Employee who is placed into a job pursuant to this provision shall carry his/her bargaining unit seniority, time off accruals and recall rights, and will suffer no reduction in base weekly salary. Step increases shall be up to the amount(s) which bring the Employee to the pay step for someone of his/her experience at the new location.
HHC Affiliations
1. When an HHC Affiliation contract is terminated or its funding reduced, HHC Affiliation Employees who otherwise meet the criteria for protected status may be laid off subject to the following rights (including the JSF one year extension of benefits based on JSF certification of eligibility);
  1. Employee must accept offer of "rollover" if at current salary, or be laid off.
  2. If (1) does not apply the Employee shall: (a) be eligible for a bargaining unit vacancy at the parent institution, its HHC affiliations or merged institution (consolidation, paragraph (b)) in his/her classification or group (where applicable), provided the Employee is qualified and be able to perform the vacant job according to the standards of the new Employer, (b) maintain his/her salary if placed in the same job classification or group (where applicable); where the new job is in a lower classification his/her salary will be reduced by the difference between the two minimum rates (same as per agreement re: grants and programs), and (c) retain seniority rights, accrued time off benefits and have recall rights at the above institutions for up to two (2) years in the Employee’s classification of group (where applicable).
2. The saving to the HHC affiliation from such lay offs shall not exceed the loss of funding that precipitated the lay off.

ARTICLE 9 (A): JOB SECURITY

1. The Employer shall become part of the League and Archdiocese Job Security Fund as per paragraph 1, Article 9 (A) (Job Security) of the League contract and shall thereafter abide by all the rules of the Job Security Fund in the same manner as League Employers and nursing homes.
2. Employment Security
  1. All regular full-time and part-time Employees who, as of February 1, 1998 have completed twenty-four (24) months of membership in an 1199 bargaining unit at Harlem Hospital, shall not be laid-off during the term of this Agreement. This provision shall not apply in the event that Harlem Hospital is closed or an externally funded grant or program is discontinued, in which event only those Employees (as defined in Article 9, Section 4, c) whose positions have lost funding will be affected.
  2. As applied to part time Employees, the salary guarantee contained in Section 3, paragraph (b) of the prior MOA means that the Employee’s annual actual hours, excluding overtime, shall not be reduced below such hours for the twelve (12) month period ending February 28, 2002, nor shall the Employee’s current hourly rate as modified by Article 10, Section 2 (Wage Increases) be reduced.
  3. This is to clarify that a period or periods of (a) part time status, (b) paid or unpaid LOA (s), (c) employment in an externally funded grant or program, and/or (d) non-bargaining unit status during an Employee’s twenty-four (24) month period of membership in an 1199 bargaining unit at the institution covered by that MOA, does not disqualify such Employee from protected status, provided the Employee otherwise qualifies under that section, except that an Employee on an unpaid LOA on November 21, 1995 must have returned to work at the end of the LOA and worked for a period of 90 days following such return.
  4. In the event the Employer transfers an Employee covered by the employment guarantee to a lower rated position or reduces his/her hours, the Employee's base weekly salary will not be reduced during the term of this Agreement.
  5. In the event that Harlem Hospital is faced with a severe economic downturn placing Harlem Hospital in jeopardy of closing and requiring the reduction of its staff, the issue of appropriateness and number of layoffs will be determined by the Contract Interpretation and Policy Committee, in accordance with all the procedures set forth in Article 40. In such event, the laid off Employees shall be covered by all the provisions of the Job Security Fund.
  6. Externally Funded Grants or Programs
    
    Employees who otherwise meet the criteria for protected status and whose pay is one hundred percent (100%) externally funded by a grant or program, may be laid off with recall rights of up to two (2) years (and the JSF one year extension of benefits based on JSF certification of eligibility) in the event of a partial or full loss of funding from the grant or program. The savings to the grant or program from such layoffs shall not exceed the loss in external funding.
    
    Employees who otherwise meet the criteria for protected status whose pay is less than one hundred percent (100%) externally funded by a grant or program have full protected status under this Article IXA(A).
    
    If there is an available vacant position¹outside the grant or program in the Employee's classification or group (where applicable), the Employee must accept that position or be laid off. If there is no such position, the Employee's may bump the Employee with the least bargaining unit seniority in the Employee's classification or group (where applicable), excluding Employees working under any other externally funded grants or programs.
    
    ¹The phrase "available vacant position" in the externally funded grants or programs provision includes bargaining unit positions of a merged institution.

Job Security Fund

The Union and the Employer agree to participate in the 1199 Job Security Fund program in order to place Employees threatened with layoff in vacancies and retrain those who cannot immediately be placed.
In the event that a layoff cannot be avoided, this program is intended to assist the institution in retaining trained Employees within the member institutions regardless of the circumstance of any particular member. All regular full-time Employees who have completed their probationary period and part time employees as set forth below shall be eligible for this program. In no case, however, shall an Employee be entitled to supplemental income for a period longer than his/her length of employment.
Part-time Employees who have completed their probationary period will be covered by the Job Security Fund in the event of lay-off, provided the following:
1. A part-time Employee must be eligible to receive unemployment insurance. All part-time Employees eligible to receive unemployment insurance who are laid off are eligible for Job Security funding provided they have served for a minimum of ninety (90) days and have worked a minimum of seven (7) hours per week (35 hour work week) or 7-1/2 hours (37-1/2 hour work week). Laid off part-time Employees who satisfy all the conditions set forth at subsection (6)(a) of this Article IXA(B) shall be eligible for Job Security payments until the expiration of this Agreement, or for two years, which ever is greater, but not to exceed the period of the Employee’s continuous service.
2. Any part-timer who is laid off and is not eligible to receive Job Security payments will be entitled to participate in the hiring process.
1. The JSF will be financed by an Employer contribution equal to one-quarter percent (.25%) of gross payroll of the Employees for the preceding month exclusive of amounts earned by the Employees during the first two (2) months following the beginning of their employment.
2. If the Fund balance reaches a five million dollar level for League institutions the requirement to pay .25% of gross payroll shall be discontinued and shall only be re-instituted if the amount falls below $5 million.
3. During the period of this Agreement if the assets of the JSF fall below one million dollars ($1 million) an amount equal to one (1) month of PF contributions shall be paid to the JSF and no contribution will be required to be made to the Pension in that month.
4. As the JSF balance for League institutions currently exceeds $5 million, the requirement to contribute .25% shall be suspended from February 1, 2002 through April 30, 2004. During that period, an equivalent payment shall be made monthly to the P&P Fund in lieu of JSF contributions; provided however, that the JSF actuary shall review the status of the Fund at six month intervals with reference to its financial condition and actual, pending and projected layoffs and shall notify the parties if he/she determines that the combined balance for League institutions is projected to fall below $5 million over the next six months, in which event the diversion of contributions to the P&P fund will be discontinued and regular contributions to the JSF will resume. In any event, no later than May 1, 2004, section 4(b) shall be suspended and JSF contributions will resume, unless otherwise agreed by the parties.
5. Effective May 1, 2004, the diversion of the one-quarter percent (0.25%) JSF contribution will be discontinued and regular JSF contributions will resume, unless the President of the League and the President of the Union agree otherwise.
The Job Security Program will be implemented in the following manner:
1. Institutions which, for economic or other reasons, must retrench Employees in any title represented by the Union agree to provide thirty (30) day notice.
2. Every affected Employee will be immediately referred to the JSF for evaluation and counseling. Any affected Employee shall have the right to a vacant job in the same classification or group (where applicable) in any member institution.
3. During the notice period, the Employer will make every effort to find comparable employment at the institution.
4. Once the JSF and the Union have been advised of a layoff at any member institution, and the JSF has so advised other member institutions, no member institution may hire into that title without first allowing the JSF to make the job available to Employees subject to layoff. If there is more than one job available in a classification, an Employee may choose where to be placed. If more than one Employee selects a job, Employees shall be placed in seniority order.
5. Employees who are placed in another member institution shall retain their recall rights and their seniority for the purposes of benefit entitlement.
6. During the notice period the Employee will be entitled to attend any interviews scheduled by the Placement Service without loss of pay.
7. If the Employee is not hired during the notice period, he or she will be referred to the JSF, for evaluation and placement in an appropriate training program if applicable.
8. A laid off Employee who complies with the rules and regulations of the JSF, including participation in training as determined by the JSF Trustees, shall (1) be entitled to receive SUB payments and benefits, and (2) retain industry placement rights as well as recall rights to his/her own institution for the length of time the Employee is eligible for JSF benefits, but not to exceed the period of the Employee’s continuous employment. (See paragraph 6(a) below.)
9. If Employees in the Job Security Fund are required to take an available position on a shift which presents a serious hardship, they may appeal such requirement to the Trustees of the Job Security Fund. An employee in training through the Job Security Fund, who is required to take a vacant position in the industry, may seek approval to continue training until such training is completed from the Fund Director, with the approval of the Trustees.
10. In no case will the training program be scheduled to last longer than one (1) year except (i) when the Employee has been admitted to a regular Training and Upgrading Fund Technical or Professional Training and Upgrading Program; or (ii) the JSF Executive Director may approve training for up to two (2) years where she/he determines such training is necessary to make the individual reemployable in an appropriate job.
11. It is the intent of the job security program to substantially supplement the unemployment income received by a laid off worker who is attending a training program to the maximum extent available from the designated funds as determined under Section 6(a) of this Article.
12. In the event a major facility, affiliation contract or grant program closes or terminates, the availability and amount of this stipend benefit shall be determined by CIPC.
13. No Employee facing layoff or actually unemployed will be required to take a job at an institution farther than the greater of (i) one (1) hour (average NYC travel time) from their home; or (ii) his/her average commuting time to the job from which he/she was laid off.
14. If an Employee refuses to take a job within reasonable travel time of his/her home, he/she shall be removed from the industry-wide pool and be precluded from receiving supplemental unemployment benefits, but shall retain full recall rights to his/her own institution.
15. An Employee hired under this program will serve a thirty (30) day probationary period.
16. The severance pay of an Employee laid off under this program who is hired by another institution with no break in service will be paid to the hiring institution. If such an Employee is laid off within one year and hired by another institution with no break in service his/her severance pay will be paid to the hiring institution.
17. The Union and the Employer will seek the assistance of the New York State Departments of Labor and Health, the New York City Department of Employment and the US Department of Labor to help fund the education and training and re-training components of the Job Security Program.
18. Other 1199 Employers may join the program if they agree to the above conditions subject to the approval of the League and the Union.
19. Anything to the contrary herein notwithstanding, for purposes of the mandatory placement provisions of this Article only, the terms "member institution", "institution", "League institutions" or "employer" shall include, in addition to Employers participating in the program pursuant to collective bargaining agreements with 1199, any other employer which has entered into a subscription agreement with the P&P Fund agreeing to parallel reciprocal placement rights.

In order to implement the job security provisions set forth in paragraphs 1 through 5 of this Article, the League and the Union have agreed to the following provisions supplementing paragraphs 1 through 5.

Economic Provisions

Under the Job Security Program, a laid-off Employee will be entitled to up to 80% of his/her salary and health coverage for themselves and their families under the NBF under the same conditions that prevail in the present Agreement, as determined by the Contract Interpretation and Policy Committee in accordance with the procedures set forth in Article XXXI(B), provided that the maximum period of time for which any covered employee may receive JSF payments and benefits shall be until the expiration of the Agreement, or two years, which ever is greater, but not to exceed the period of the Employee’s continuous service, unless he/she fails to pursue JSF referrals, refuses to enroll in JSF recommended training, or turns down appropriate job offers, at which time the Executive Director may terminate benefits. The League and Union hereby direct the Administrator to promulgate appropriate rules to ensure full compliance with JSF regulations.

The amount of the SUB under this Article IXA(B) will be determined in accordance with the following schedules, unless modified by the Trustees of the JSF.

Full-Time Employees

Weekly Amount of SUB
(While NYS
Unemployment
payments
are being received)

Weekly Amount of
SUB (After NYS
Unemployment Ins.
payments cease).

Average weekly pay
less than $600

$100

$325

$600 but less than $750

$125

$350

$750 or more

$150

$375

Part-Time Employees

FIRST:

Determine the Full-time SUB benefit for the Employee's position using the chart in subparagraph (1) above.

SECOND:

Multiply the applicable full-time SUB payment by this ratio:

(Average weekly pay) /
(Full time minimum weekly
rate for Employee's position)

The SUB for a part-time Employee shall not exceed the SUB payable to a full-time Employee laid off from the same position. If the average weekly earnings of a part-time Employee exceed the full-time minimum weekly rate for his/her position, he/she shall receive SUB benefits calculated under subparagraph (1) above.

SUB payments shall commence when monies from unemployment insurance, severance and accrued leave benefits (e.g., vacations, holidays, accrued sick leave where provided by past practice, etc.) cease to replace one hundred percent (100%) of the affected Employee's pre layoff weekly salary on an after tax (adjusted for FICA) basis.
For the purposes of this paragraph 6(a) only, average weekly pay shall mean the Employee's gross pay averaged over the prior 52 weeks or period of employment if less than 52 weeks.

National Benefit Fund Coverage

Coverage under the National Benefit Fund (NBF) will be provided by the JSF for up to the duration of the Agreement or up to two years whichever is longer, pursuant to this paragraph 6(a) of Article IXA(B). JSF payment for NBF coverage will commence when NBF coverage would otherwise cease due to layoff so that there is no break in coverage for the Employee and dependents. The JSF shall pay the NBF at the current Employer contribution percentage based on the individual's average weekly pay at the time he/she was laid off.

Administration of Job Security Fund
1. The Trustees of the JSF, in addition to the monies received from Employers, shall attempt to secure such additional funds as may be available from public or other private sources. In addition, the Trustees shall seek community cooperation in such programs.
2. The JSF shall set up a completely separate job security program for other employers who agree to contribute to the JSF, provided there is a total and complete legal segregation of funds and entitlement to monetary and other job security benefits to be provided or administered by the JSF.
3. The League shall be entitled to designate nine (9) JSF trustees, two (2) of whom will be from Employers who are not members of the League but are in the League Pool of the JSF and one of whom shall be from the Archdiocese. Other employers who are not in the League Pool will have the right to elect up to two trustees with authority limited to dealing with the benefits to be provided to Employees of such other employers. The Union shall be entitled to designate nine (9) trustees to correspond to the nine (9) designated by the League, and two (2) trustees to correspond to the two (2) designated by other employers.

Other Provisions

Job Classification, Minimums, Grouping and Right to Vacant Positions
1. In accordance with the provisions below, there shall be mandatory hiring if employee is in same classification or group, subject only to probationary period for evaluating performance (See subparagraph (vi), below) and providing on-the-job training as necessary.
  
  The right of an affected Employee to a vacant job in the same classification or group in any Member institution under Article 9A, B 5(b), means the right to a vacant job in either the same job classification if it exists at the other Member institution, or group where applicable, under subparagraphs (2) or (3) below. Employees shall be accorded the same orientation provided to new hires in that classification. Job classification includes job title and job description which, in turn, includes duties and minimum qualifications and requirements.
  
  An Employee must meet the minimum qualifications and requirements of the vacant job which the new Employer applies to promotions and new hires, except the requirement of a high school diploma or its equivalency for Entry Level Jobs. Entry Level Jobs means job classifications with full time minimum weekly rates of pay no greater than five dollars ($5) above the lowest full-time minimum weekly rate under this Agreement. Also, Employees shall be accorded the same orientation provided to new hires in that classification.
2. The following two (2) JSF job classification groupings shall apply to all Employers²for job security fund purposes.
  - All entry level non-skilled jobs: Uniform service/maintenance: Included but not limited to the following: Housekeeping, waxer and stripper, dietary worker, dietary clerk, potwasher, cook's helper, central supply attendant, soiled laundry handler, laundry worker, mailroom clerk, groundskeeper, presser, washer, painter's helper, carpenter's helper, trades' helper.
  - Uniform clerical entry jobs and clerical jobs whose minimum rate is $20 or less above the entry level minimum; i.e., clerk, clerk typist, mail room clerk, admitting clerk, receptionist, ward clerk, accounting clerk, etc. except those requiring specialized skills.
  The League and the Union agree to meet to prepare appropriate modifications to the above JSF lists.
  ²It it is understood that Columbia University Harlem Hospital Affiliation does not employ any person in any of these titles.
3. In addition, an affected Employee shall also have the right to a vacant job which, by past practice, an Employer has previously grouped with the Employee's job classification for such Employer's purposes of layoff and recall, except where such other job classification has since been materially modified in a way that renders the prior grouping inappropriate. These groupings shall be memorialized in writing on an institution by institution basis.
4. An Employer may not hire into a vacancy in the same job classification or grouped job classification (where applicable) without first allowing the JSF to make the job available to Employees subject to layoff. The Employer shall be deemed to have made the job available to the Employees subject to layoff if after notification from the JSF it affords the JSF seven (7) working days from the time it notifies the JSF of a vacancy to refer applicants before it hires from other sources. With respect to any given job vacancy, there shall be only one seven (7) working day period during which the Employer may not hire from other sources. However, Employees in the same job classification who become subject to layoff shall have the right to such vacant job during the seven (7) working days immediately following the foregoing seven (7) working day period unless the Employer has made a commitment to hire another individual for such vacancy before the Employee is referred to the Employer by the JSF.
  
  The parties agree to use the arbitrator designated by the Union and the League to resolve disputes, on an expedited basis, grieving alleged violations of the "mandatory match" provisions of the Job Security Fund Article, and further agree to be bound by the following procedure for such cases:
  
  If an individual is referred by the Job Security Fund pursuant to Article 9A, and rejected for employment by the employer, and if a challenge to the rejection is filed by the Union in writing with the Personnel Director or Administrator of the employer, or his/her designee, the employer will review its decision within five (5) business days of receipt of that challenge ("the Review Period"). If the matter is not resolved within that time period, it may be referred by the Union to the mandatory match arbitrator who will hear the matter on the next scheduled hearing date, but not later than fifteen (15) calendar days after the Union submits it to arbitration. The arbitrator will, if possible, decide the issue upon the close of the hearing. In no event shall the award be rendered later than the forty-eight (48) hours thereafter as set forth in the Memorandum of Agreement.
  
  It is our intention that these hearings will be handled expeditiously, and the parties are encouraged to be represented by those with relevant information, rather than by legal representatives. Unless approved by the arbitrator, the presentations should normally be limited to one hour per side and the parties will not file briefs or otherwise delay the resolution of these issues.
  
  The Job Security Fund will have full access to all relevant information and cooperation from Human Resources Departments and 1199 chapter job committees for maximum placement of laid off employees.
Bumping Or Transfer To Vacant Position

An Employee who refuses a vacancy or refuses or fails to exercise his/her bumping rights, shall not be covered by the JSF provisions of this Article 9A(B) provided, however, such coverage shall apply to Employees who fail to bump or accept a vacancy within their bargaining unit^***** if the minimum rate for the new job is more than seven and one-half percent (7.5%) less than the minimum rate for their current job and to full-time Employees who decline to bump into or to accept a part time position. This paragraph is without prejudice to and shall not be used in any proceeding interpreting any issues concerning rights and duties under the layoff and recall provisions of this Agreement (e.g. issues such as whether the Employee must accept a vacancy to avoid layoff).
^{*****Bargaining unit means the bargaining unit set forth in
the Employer's individual bargaining units stipulation.}
30 Day Notice of Layoff

The thirty (30) day notice of layoff provided in paragraph 5(a) of this Article 9A(B) means that the Employer must meet the following notice requirements before effectuating a layoff pursuant to the Job Security Program.
1. It shall give thirty (30) days notice to the Union, the JSF and the Employee whose position is being eliminated.
2. Within seven (7) working days of the notice in paragraph (1), the Employer shall notify the Employee of a suitable vacancy or of his/her bumping rights, if any, and the Employee must exercise his/her right to bump or fill such vacancy within two (2) working days or forfeit such right.
3. Within one (1) working day of the Employee's notice that he/she has exercised his/her right to bump, the Employer shall notify the Employee who has been bumped that he/she is to be laid off. On the same day, the Employer shall notify the JSF and the Union of the Employee who is bumped.
4. Notices by the Employer to Employees under these provisions shall be perfected if the Employer provides actual notice or sends a telegram or certified letter to the last known address of the Employee provided, however, that Employees who are at work shall be given actual notice if practicable. Notices by the Employer to the Union and the JSF shall be perfected by sending a fax to the JSF and Union.
5. In no case shall an Employer who gives the notices provided in paragraphs (1) through (3) above be prevented from effecting a layoff because of failure to meet any other notice provision(s) of this Agreement. Any days of delay by the Employer in effecting the notices in paragraphs (2) and (3) shall be added to and shall correspondingly extend the thirty (30) day notice provided in (1).
Continuation of Training

A laid off Employee who is offered an appropriate job as defined in paragraph (c)(i) may elect to remain in training until the training program is completed if he/she has:
1. completed at least one-third of the training program, and
2. has a commitment for a job upon completion of the course, or the training program will qualify the Employee for a market scarce job as determined by the Trustees.
If an employee is in training and does not meet the above criteria, he/she may seek approval to continue training from the Fund Director, with the approval of the Trustees.
Temporary Jobs

The Employer shall refer temporary jobs to the JSF and shall only refer that particular temporary job once. It is understood that the Mandatory Match provisions of this Article only apply to temporary jobs of at least three (3) months duration. It is further understood that:
1. an Employee who chooses to take a temporary job must commit to work for the entire period,
2. the Employee shall not be entitled to job security fund rights (including SUB) during the time he/she occupies the temporary job and the time limit on job security rights shall be tolled during that period,
3. when the temporary job ends the Employee returns back to coverage under the Job Security Fund for the balance of any job security fund rights due under the JSF, and
4. the Employee shall lose all job security rights under this Article 9A(B) if he/she leaves the temporary job before the original commitment ends.
Discharge During 30 Day Probationary Period

During or at the end of the thirty (30) day probationary period, the Employer may discharge an Employee referred by the JSF and such discharge shall not be subject to the Grievance and Arbitration provisions of this Agreement except as hereinafter provided. If the Employer asserts that the discharge was for cause other than inability to properly perform the job, the Union may submit within thirty (30) working days a grievance against the Employer to CIPC which will hear, decide or arbitrate the case in accordance with the CIPC rules and timetable. The sole issue for CIPC or the arbitrator shall be whether the Employee was terminated for cause other than inability to properly perform the job. The only remedy shall be for the Employee to return to the JSF. If the termination was for cause he/she shall forfeit his/her rights under the job security program. An Employee terminated for inability to perform shall return to the JSF. The thirty (30) day probationary period shall apply to all Employees referred by the JSF during the period he/she retains industry placement rights.
Working Days

Working days refer to Monday through Friday, excluding holidays.

Job Security Fund Notice Provisions^{******
******The Union and the League may review the notice provisions to
see if they are working in conformity with the meaning and intent of
this Article 9A(B) and, if they are not, the parties commit to resolve
the matter promptly.

Notifier

Notifyee

Time Allowed

Substance

(A) JSF

All Employers

3 working days from receipt of layoff notice from an Employer

All laid off Employees and their job
classifications¹

(B) Employers

JSF

1 working day following (A) or availability of
vacancy²

All vacancies in job classification and previously grouped
other jobs available to JSF placements

(C) JSF

Layoffees

2 working days following (B)

Make contact counsel

(D) Layoffees

JSF

2 working days following (C)

Employee must make job selection³

(E) JSF

Specific selected Employer

1 working day from (B)

Notify Employer of available referral; an interview shall be
conducted within the following 2 working days

(F) Employer

JSF

1 working day from completion of (E)

Selection/
rejection of referral⁴

(G) JSF

All Employers

1 working day from (F)

Of Placement of JSF referrals

(H) Specific Employer

JSF
Union

1 working day following event

Termination during probation

(I) JSF

All Employers

1 working day following (H)

Follow steps in A-G above, unless termination was for cause
other than ability to
perform.
^{1Includes job title, essential duties, qualifications and
requirements. Notices by the JSF to the Employer shall be perfected by
sending a fax to the Employer.
^{2From time job is available to outside hires (after Employer
recalls, transfers, promotions, shift changes, etc.).
Employer shall afford the JSF seven (7) working days from notice in
(B) to refer applicants for the vacancy before it hires from the
outside.
^{3The layoffee may visit the institution(s) at which
appropriate jobs are available.
^{4E.g., if the individual does not meet minimum
qualifications. Acceptance may be conditioned on passage of a
physical.}}}}}

ARTICLE 10: WAGES AND MINIMUMS

Wages and Minimums

Effective August 1, 2002, 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 percent (3%) of his/her July 31, 2002 base weekly rate.

Effective February 1, 2003, each Employee on the payroll on that date and covered by this Agreement shall receive an increase in his/her base weekly rate of two percent (2%) of his/her January 31, 2003 base weekly rate.

Effective September 1, 2003, each Employee on the payroll on that date and covered by this Agreement shall receive an increase in his/her base weekly rate of four percent (4%) of his/her August 31, 2003 base weekly rate.

Effective September 1, 2004, each Employee on the payroll on that date and covered by this Agreement shall receive an increase in his/her base weekly rate of four percent (4%) of his/her August 31, 2004 base weekly rate.

Minimums shall be increased by the across the board increases provided in (a), (b), (c) and (d) above.

Lump Sum Payment in Lieu of Retroactivity

On the first pay date following the ratification of this collective bargaining agreement, each full-time Employee on the payroll on that date and who was employed ninety (90) days prior to that date, shall receive a payment of $750. The payment shall be prorated for part-time Employees based on the average hours actually worked during the foregoing 90 day period (or the ninety (90) day period referred to in section 3(c) where applicable).

The lump sum payment shall not be considered as pay for any purpose, including payment of contributions to the Funds, or for purposes of overtime, shift or other differentials or any form of premium pay.

The term "employed" as used in this Section 3 shall include all periods of paid leave and for this purpose only: (i) a period for which the Employee is entitled to receipt of disability or workers compensation payments from the Benefit Fund or other insurance paid for by the Employer, and (ii) a period of unpaid leave of absence or layoff, provided, however, that individuals who were on an unpaid leave of absence or layoff (with recall rights) on the date of ratification of this Agreement must return to work to a regular full-time or regular part-time position at the end of the leave, or, in the case of layoff, before their recall rights have expired, and work for a period of ninety (90) days following such return.

The lump sum payment shall be in a separate check. Withholding shall be based on the most favorable tax treatment for the Employees permitted by law. The parties will consult on the method to be used.

To make cash available to help pay for the lump sum payment, Employers will be permitted to defer one or two months of contributions to the NBF, in accordance with terms to be provided in a separate memorandum.
No Employee shall be hired below the minimum effective rate for his/her labor grade or classification, except that during the first two (2) months of employment, an Employee shall receive Twenty ($20.00) dollars per week less that the minimum rate set forth herein. If an extension of the probationary period is agreed to by the Union, the affected employee shall continue to receive $20.00 per week less than the minimum rate for the job classification for the duration of such extension or one month whichever is less.
The minimum rates for each individual Employer shall be contained in a stipulation (Stipulation II) between each Employer and the Union to be annexed hereto.
Employees when required to work at a higher rated bargaining unit job, shall be paid his/her rate or the rate for the other job, whichever is higher, after a total of five (5) days work in such higher classification in each contract year.
Wherever in this Agreement the phrase "regular pay" appears it shall be deemed to include shift and specialty differentials but shall exclude overtime and on call pay.
Classification Issues
1. Seniority will be transferred when a Technician is promoted to Technologist (no loss of seniority for purposes of lay-off, recall and shift assignment).
2. All Technicians with Technologist licenses will be classified Technologist.
3. All step increases shall be based on industry experience.
4. The following titles shall be increased by five percent (5%) on October 1, 1998, prior to the implementation of the general wage increase:
  Audiologist
  Ophthalmic Technician
  Special Procedure Technician (X-ray)
If it is claimed by the Union that the Employer has instituted a new job classification or substantially modified an existing job classification, the Union may process a claim for a change in the job rate for such classification in accordance with the provisions of Article 33 and 34 of this Agreement provided however that it is expressly understood and agreed that neither the Union nor any Employee may grieve or arbitrate with respect to the content or description of any such job or job classification.
Combining and Restructuring Jobs

Each institution shall give the Union thirty (30) days notice in writing of its intention to combine jobs, to restructure existing jobs or to create new classifications. The Union may request a meeting to discuss the Employer’s proposal including the proposed wage rate. If the parties disagree about job content or wage rates, the Employer and Union may invoke a facilitation process (as provided under Article 22, Section 1 (g)). If there is disagreement on the proposed rate, the Union may submit that issue to arbitration. In no event shall this procedure delay implementation of the Employer’s proposal.
The University will meet with the Union to continue discussions about upgrading positions. Where the parties jointly agree and an upgrade is justified, the position will be upgraded.

ARTICLE 11: HOURS

The regular work week for all full-time Employees shall consist of the number of hours per week regularly worked by such Employees as on September 30, 1980. The regular work week for part-time Employees shall not exceed five (5) days. Such hours, not to exceed thirty-seven and one-half (37-1/2) per week, shall be specified in a stipulation (Stipulation II) between the Union and the Employer, to be annexed hereto. 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 day for all full-time Employees covered by this Agreement shall consist of the number of hours in the regular work week as above defined, divided by five (5), exclusive of an unpaid lunch period, except for those Employees who receive a paid lunch period as of September 30, 1980.
Part-timers
1. The parties agree that it is desirable to have full-time jobs in this industry.
2. The Employer will not split a full-time position in which there is an incumbent into part-time jobs.
3. Conversion of Part-Timers to Full-Time Workers
  
  All part-time Employees who work the hours equivalent to the regular full-time work week for that classification in a four (4) month period, shall become full-time Employees, All hours worked on special projects, filling in for Employees on leave of absences, vacations, and emergencies, shall not be counted towards meeting the aforementioned requirement, except if an Employee is specifically hired for permanent vacation relief and/or permanent leaves of absence relief.
4. Right to Extra Hours
  
  Whenever practicable, pre-scheduled hours and available regular hours shall be offered to part-time Employees based upon classification seniority.
5. A local institution-based Labor/Management Committee may undertake an analysis of why part-time employment exists and measures which can be instituted to create more full-time employment. All relevant information regarding part-timers will be provided to the Union and to the local Labor/Management Committee.
Full-time Employee shall be entitled to two (2) rest periods of fifteen (15) minutes each in each working day, as assigned by the Employer to each Employee. Employees who work a full half shift shall be entitled to one (1) such fifteen (15) minute rest period.
Employees shall be afforded a reasonable time during which to cash pay checks.
Monitoring and Dispute Resolution re: Full-Time Status

The Employer shall submit part-timer status reports in a Lotus format, or other agreed upon format, to the Union every four (4) months. Reports shall be by department and include name, social security number, date of hire, salary, straight time and overtime hours worked. If hours were worked under paragraph 4 above, it shall be noted in the report. Disputes over an Employee’s full-time status shall be submitted to mediation and arbitration in accordance with Article 33 (A). The initial report shall be due October 30, 1992.
Premium Overtime Hours

In accordance with Article 13, Section 3 (b), a part-timer shall not receive premium overtime hours prior to full-timers, unless he/she has greater classification seniority.
The Employer shall not use part-timers to subvert the meaning and intent of the collective bargaining agreement as reflected in Article 7 (3) and Article 11 (4) and (8).

ARTICLE 12: WEEKEND SCHEDULE

The employer shall schedule each permanent full time Employee who is regularly scheduled to work five days a week for every other weekend off except:
1. Where an Employee agrees to or requests another schedule of days off and the Employer consents,
2. Where the Union and the Employer otherwise agree to a different schedule with respect to a particular unit, department or job classification.
3. Where such scheduling would result in an emergency, the Employee with the least seniority shall be called in first.
4. When Employees are called in due to an emergency, the Employee with the least seniority shall be called in first.
5. It is hereby agreed that Employees hired specifically for weekends and those who voluntarily work weekends shall be excluded from this provision.
For full-time Employees hired during the term of this Agreement (February 1, 2002 to July 31, 2005) this provision shall apply after two (2) years of employment.
The term "weekend" shall mean Saturday and Sunday. A shift which begins on Friday night with a majority of the time to be worked on Saturday morning is considered a weekend shift whereas a shift begins on Sunday night with a majority of time to be worked on Monday is not considered a weekend shift.
Except as provided in (e), (f) or (g) below, vacations, holidays, sick leave and other leaves, paid or unpaid shall be counted as scheduled time off on weekends for purposes of this Article. If an employee fails to work on a weekend he/she is scheduled to work for any of the foregoing reasons, he/she may be required to work an additional weekend(s) in lieu thereof and the employer may adjust the employee’s schedule of weekend work as necessary to accomplish that purpose.
Employees who were on the payroll of the Employer prior to October 12, 1986, and have continued on the payroll thereafter, and were on an every other weekend work schedule and not previously required to make up unscheduled absences as of October 12, 1986, will not be required to make up (i) the first three (3) days of absence on scheduled weekend work days due to illness or injury absent unjustified use of sick leave or (ii) absences on scheduled weekend work days due to vacations, holidays and paid or unpaid leaves (including but not limited to leave for which disability or workers compensation is received).
Employees who were on the payroll of the Employer prior to October 12, 1986, and have continued on the payroll thereafter, and were on an every other weekend work schedule and previously required to make up unscheduled absences as of October 12, 1986, may be required to make up unscheduled absences on a scheduled weekend work day due to sick leave (including paid and unpaid sick days) only; they will not be required to make up absences on scheduled weekend work days due to vacations, holidays and paid or unpaid leaves (including but not limited to leave for which disability or workers compensation is received).
Employees who are hired on or after October 12, 1986, and have been or are on an every other weekend work schedule may be required to make up unscheduled absences on a scheduled weekend work day due to sick leave (including paid or unpaid sick days) only; they will not be required to make up absences on scheduled weekend work days due to vacations, holidays and paid or unpaid leaves (including but not limited to leave for which disability or workers compensation is received).
Where a regular full-time Employee or a temporary full-time Employee has worked a permanent regular schedule of weekends off, his/her schedule of weekends off shall not be reduced while he/she is in his/her present position or shift, except in an emergency. Where work assignments are otherwise changed such Employee shall have his/her schedule of weekends off maintained unless to do so would unreasonably impair the efficiency of the Employer. Where an Employee elects with the Employer’s consent a changed work assignment with prior knowledge of a new schedule of weekends off such new schedule shall prevail.
An Employee hired after April 1, 1987, who desires to waive the every other weekend off requirement, shall, if consented to by the Employer, execute a written waiver which may not be revoked without the agreement of the Employer during the life of the Agreement.
Grievances alleging violations of this Article shall be the subject to the grievance and arbitration provisions of this Agreement but shall, if the matter proceeds to arbitration, be determined by a permanent arbitrator who shall have the following authority and responsibility:
1. to determine if there have been misapplications or violations of the Article by the Employer or the Union;
2. to issue final and binding decisions within 7 days of hearing a case;
3. upon finding of Employer misapplication, may issue one of the following remedies;
  1. Time and one half pay for time worked on weekends in violation of this Article by the Employee;
  2. Compensation time off for time worked on weekends in violation of this Article by the Employee.
Employees required by the Employer to be on call off Employer premises shall receive, during such time, a rate of pay equal to three-fourths (3/4ths) of their regular base pay. Employees on call called to work at other than during their normal work hours shall receive time and one-half for all such hours worked outside of their normal work day, with a guaranteed minimum of pay for four (4) hours work. There shall be no pyramiding of pay under this provision.

ARTICLE 13: OVERTIME

Employees shall be paid one and one-half (1 ½) 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 11 Section 1 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 workday as defined in Article 11 Section 2.
Any part-time employee who is regularly scheduled to work seven (7) or less hours per day will be paid overtime for hours worked in excess of seven hours.
The following paid absence shall be considered as time worked for the purpose of computing overtime: holidays, vacations, jury duty days, condolence days, paternity day, and marriage days. Paid sick leave shall not be considered as time worked for the purpose of computing weekly overtime. Unpaid absences shall not be considered as time worked.
1. The Employer shall establish a procedure for assigning overtime and "on-call" duty in the first instance, among qualified Employees who wish to work overtime, except in emergencies. Such procedure shall include a provision whereby such Employees are assigned in rotation, starting with the employee on duty who has the most Classification Seniority. Pursuant to such procedure, a volunteer overtime roster shall be complied and posted every six months.
2. A part-timer shall not receive premium overtime hours prior to full-timers, unless he/she has greater classification seniority.
Where the Employer assigns overtime on a compulsory basis due to an emergency or the inability to obtain a qualified volunteer on a timely basis, assignments shall be made among qualified Employees on a rotating basis starting with the employee on duty who has the least classification seniority.
The work week shall commence on Sunday and end on Saturday.
There shall be no pyramiding of overtime.

ARTICLE 14: SHIFTS AND SHIFT DIFFERENTIALS

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 the following differentials:

A shift differential of ten (10%) percent of salary, including specialty differential.
Employees shall work on the shift, shifts or shift arrangements for which they were hired. The Employer may change an Employee’s shift only for good and sufficient reason, and any such change shall apply to the Employee with the least classification seniority qualified to do the work.

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. Notwithstanding the foregoing, Employees shall have preference in filling vacancies on another shift in the classification in which he/she is then working over new Employees.
The foregoing shall not interfere with any training program requiring rotation of shifts.
There shall be no split shifts.
The Union and the Employer will instruct the Employer/1199 Labor Management Committee to address as a priority:
1. the collection of data on variable shifts
2. the determination of the extent of variable shift utilization; and
3. the development of means to minimize utilization of variable shifts and the correction of excesses.

ARTICLE 15: HOLIDAYS

Employees shall be entitled to the following paid holidays within each year:
1. Legal Holidays:
  
  New Year’s Day
  Martin Luther King, Jr.’s Birthday
  Washington’s Birthday
  Memorial Day
  Independence Day
  Labor Day
  Thanksgiving Day
  Christmas Day
2. Other holidays or free days:
  Lincoln’s Birthday
  Columbus Day
  Election Day
  Veteran’s Day
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 months of employment.
1. 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.
2. In the event an Employee is required to work on any of the legal holidays named in Section 1 (a) above, 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.
3. An employee required to work on any holiday other than those specified in 1(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.
4. 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.
5. If a legal holiday falls during an Employee’s vacation, at the option of the Employer the vacation shall be extended by one (1) 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.
6. The day on which a holiday is legally celebrated* shall be the day on which holiday premium pay is paid to those Employees who work on that day, except Christmas Day and New Year’s Day for which premium pay shall be paid for December 25 and January 1 respectively. Martin Luther King’s Birthday shall be celebrated on the date observed by the Health and Hospitals Corporation due to patient care and operational needs.
7. 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
Employees shall be entitled to the number of "free days" with pay as specified in Section 1(b) above. Free days shall be scheduled in advance and with the approval of the Employer. Once scheduled, free days shall not be cancelled except in emergency. Free days shall be prorated, one for each three (3) months of employment during a year. The Employer shall retain the same rights to require work on the free days scheduled as on holidays.
Employees will be entitled to time off with pay to vote at city, state or federal elections, in accordance with New York State law.
All employees shall receive the same number of holidays, heat days, or time off equivalent as received by other similar employees employed by the City of New York. This shall not effect the provision of Section 1(a) for the Martin Luther Day holiday.
- The term "legally celebrated" shall refer to Public Holidays as defined in New York General Construction Law, Section 24, as amended.

ARTICLE 16: VACATION

Employees shall be entitled to vacation to be credited each June 30^th during the term of this Agreement, as follows:

Completion of calendar days of employment from hiring date

Vacation Allowance

One Year

20 working days (4 weeks)

Nine Months

15 working days (3 weeks)

Six Months

10 working days (2 weeks)

Three Months

5 working days (1 week)

credited each June 30^th during the term of this Agreement, as follows:

Completed years of service as of June 30^th

Monthly accrued Rate

Vacation Allowance

Seven Years

2 days plus one additional day at end of the leave year

25 working days (five weeks)

Fourteen Years

2-1/4 days

27 working days (five weeks two days)

A vacation period may be split only with the consent of the Affiliation. In those cases, twenty-two (22) working days shall be considered equivalent to a month.
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, classification seniority shall prevail.
The vacation eligibility year and/or the vacation eligibility dates shall be as heretofore.
No part of an Employee’s scheduled vacation may be charged to sick leave. Vacation shall be taken each year and may not be accrued from year and Employees will not be compensated for vacation time not taken.
Vacation pay shall be based upon the Employee’s regular pay.
An Employee shall be paid his/her vacation pay before starting his/her vacation provided such vacation is scheduled at least four (4) weeks in advance. An Employee may request that the Employer defer vacation pay.
Absences due to established illness, maternity leave or injury not exceeding five (5) weeks shall be considered as time worked in determining the amount of vacation pay for Employees with more than one (1) and up to and including but not exceeding five (5) years of service. For employees with service beyond five (5) years, the period shall be thirteen (13) weeks. If such absence extends into an Employee’s scheduled vacation period, the vacation shall be postponed and another period assigned. If disability due to illness, maternity or injury begins after an Employee commences his/her vacation, the original vacation shall remain in effect. Substantial proof of such illness, maternity or injury must be provided by the Employee upon return to work after any absence caused by such illness, maternity or injury.

Hours of vacation pay for each week of vacation to which an Employee may be entitled as above defined shall be computed on the basis of the average number of hours per week actually worked as above defined, including premium hours, during the twelve (12) calendar months immediately proceeding the Employee’s absence.

All involuntary absences as herein limited which exceed the aforesaid five (5) or thirteen (13) weeks period shall not be deemed nor considered as time worked in computing vacation pay and vacation pay for such Employees shall be prorated by relating the number of weeks actually worked during the vacation eligibility year with the number of days or weeks such Employee would have been contractually entitled to had he worked the entire vacation eligibility year.

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 prorated on a percentage basis, i.e. the period of time actually worked as that period relates to the period of vacation pay due him.

An Employee who has quit or who has been discharged or who has lost his/her seniority pursuant to the terms of Article 9 and who has not received his/her vacation from work with pay to which he/she is entitled shall receive a vacation allowance, the amount of which is to be calculated in accordance with the last preceding paragraph.
All employees shall receive the same vacation schedule as received by other similar employees employed by the City of New York as indicated in Section 1(b) of this article. This provision shall not effect the provision in Section 1(a) of this Article, covering those employees who have not completed seven continuous years of service.

ARTICLE 17: SICK LEAVE

1. Employees, after thirty (30) days 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. Employees hired prior to January 1, 1968, will continue to receive 15 days of sick leave.
Pay for any day of sick leave shall be at the Employee’s regular pay.
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 one (1) hour 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.
Employees who have been on sick leave may be required to be examined by the Employer’s Health Service physician before being permitted to return to duty.
If an Employee resigns or is dismissed or laid off and had 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.

Disability

The Employer shall, after an Employee has been sick or disabled for a continuous period of more than seven (7) days and is entitled to receive disability payments from the National Benefit Fund for Hospital and Health Care Employees, pay sick leave pay to which an Employee is entitled in accordance with the following schedule for each day of continuous sickness or disability exceeding seven (7) days, as above provided, up to the maximum amount set forth in paragraph 1 above:

Employee’s Weekly Pay

Percent of Weekly Pay

$322 to $349

30%

$350 to $374

36%

$375 to $399

40%

$400 to $424

44%

$425 to $449

47%

$450 to $474

46%

$475 to $499

48%

$500 to $524

51%

$525 to $549

53%

$550 to $574

55%

$575 to $599

57%

$600 to $624

53%

$625 to $649

55%

$650 to $674

57%

$675 to $699

59%

$700 to $724

60%

$725 to $749

61%

$750 to $774

59%

$775 to $799

60%

$800 to $824

61%

$825 to $849

62%

$850 to $874

64%

$875 to $899

65%

$900 to $924

62%

$925 to $949

63%

$950 to $974

64%

$975 to $999

65%

$1,000 to $1,024

66%

$1,025 to $1,049

67%

$1,050 to $1,074

64%

$1,075 to $1,099

65%

$1,100 to $1,124

66%

1,125 to 1,149

67%

$1,150 to $1,174

67%

$1,175 to $1,199

68%

$1,200 to $1,224

68%

$1,225 to $1,249

69%

$1,250 to $1,274

69%

$1,275 to $1,299

70%

$1,300 to $1,324

70%

$1,325 to $1,349

71%

$1,350 to $1,374

71%

$1,375 to $1,399

72%

$1,400 to $1,424

73%

$1,425 to $1,449

73%

$1,450 to $1,474

73%

$1,475 to $1,499

74%

$1,500 to $1,524

74%

$1,525 to $1,549

75%

$1,550 to $1,574

75%

$1,575 to $1,599

76%

$1,600 to $1,624

76%

$1,625 to $1,649

76%

$1,650 to $1,674

77%

Worker’s Compensation

With respect to days of absence for which the employee is entitled to salary continuation payments from Worker’s Compensation, the Employer shall pay sick leave pay to which an employee is entitled in an amount equal to the difference between the amount to which the employee is entitled from Workers Comp and the daily amount to which the employee would otherwise be entitled if Workers Comp did not apply.
Family Illness

In case of emergencies due to family illness, the Employee shall have the right, with one hour advance notice to the Employee’s supervisor, or sooner if approved by the supervisor, to leave the workplace due to said illness. An Employee shall be entitled to use up to three (3) days of accrued sick leave, when necessary, for family (same as death in family) illnesses. Such absence shall be deducted from the Employee’s three (3) day family illness bank. The Employer shall have the option to require the Employee to provide reasonable documentation of the illness.

An employee who has sixty (60) days in the bank at the beginning of his/her leave year and who uses a limited number of days (combination of sick leave, workers compensation, and disability) during the leave year, will receive a lump sum payment equivalent to a fixed number of days regular pay at the end of the leave year based upon the following formula:

Total Time Lost

Lump Sum Payment

7 days

1 day

6 days

2 days

5 days

3 days

4 days

4 days

3, 2 or 1 day

5 days

ARTICLE 18: PAID LEAVE

Employees, after their first thirty (30) days of employment, shall be entitled to paid leave as follows:

An Employee shall be paid his/her regular pay for three (3) working days absence in the event of the death of his/her parent, spouse, child, brother, sister or grandparent. Such three days must be taken consecutively within a reasonable time of the day of death or day of the funeral and may not be spilt or postponed.
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.
Employee shall be paid at his regular pay for one (1) working day’s absence when his wife has a baby.
All Employees who have completed their probationary period and who are called (not volunteered) to serve as juror(s) will receive their regular pay less their pay as juror(s) 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 Personnel 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.
Professional Conferences

Professional workers shall be entitled to five (5) days leave time per year to attend professional conferences related to their work on a reasonable and non discriminatory basis to the extent that this is feasible when taking into consideration the staffing needs of the department. Funding for attendance at such conferences will be granted to the extent funds are available for such purposes within each department's budget.
Members who are elected to the Executive Council or as Fund Trustees shall be released with pay to attend meetings.

ARTICLE 19: UNPAID LEAVE

Employees shall be eligible for unpaid leave in accordance with the following:

Maternity Leave

Pregnancy shall be treated just as any other non-occupational disability circumstance as set forth in Article 16 of the Contract in accordance with the Pregnancy Discrimination Act of 1979.

Personal leave for child care purposes may be taken in addition to the sick and non-occupational disability leave set forth above, however, the combined length of the disability leave and the personal leave shall not exceed twelve (12) months in duration. The father or mother of a legally adopted or biological child shall receive the same unpaid leave now provided the biological mother.
Military Leave

Leaves of absence for the performance of duty with the U.S. Armed Forces or a Reserve component thereof shall be granted in accordance with applicable law.
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. This is providing such leaves will not interfere with the operation of the Employer and are approved by the Director of the Department.
Illness or Injury

Leaves of absence for illness or injury will be granted for up to two (2) years or length of service, whichever is less. Employees must provide doctor’s certification.
Training Programs

Once granted, a leave of absence for participation as a full-time student in a program sponsored by the Hospital League - District 1199 Training and Upgrading Fund shall be given for the duration of the program, not to exceed the lesser of four (4) years or the length of an Employee’s continuous employment.
Delegate Training Sessions

Delegates will be released for Delegates Training for each session until all delegates have taken the course for one week.
Other Leaves
1. Leaves of absence without pay for other reasons will not be unreasonably denied by the Employer.
2. 1. Employees with one or more years of service shall be entitled to a nine (9) week unpaid leave in a calendar year for serious illness of a family member (same as death in family). The Employer shall have the option to require the Employee to provide reasonable documentation of the illness.
  2. Employees with one or more years of service shall be entitled to a FMLA leave in a calendar year for serious illness of a family member (same as death in family). The Employer shall have the option to require the Employee to provide reasonable documentation of the illness
  3. It is understood that periods of unpaid leave under (b),(i) above may run concurrently with any eligible FMLA leave.
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 9. 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 Services.

ARTICLE 20: PAST PRACTICES

The specific past practices of the Employer are those set forth in the Stipulation (Stipulation III).
Employees hired on or after October 1, 1974 or who are transferred into a bargaining unit job on or after such date shall not be entitled to receive greater benefits than are provided by the National Benefit Fund.

ARTICLE 21: SEVERANCE PAY

Employees with one (1) or more years of bargaining unit seniority, who are permanently laid off shall receive severance pay at the rate of one (1) week’s pay for each year of bargaining unit seniority, prorated, up to a maximum of four (4) weeks pay, at his/her regular pay in effect at the time of such permanent layoff.

ARTICLE 22: TRAINING AND UPGRADING

The parties shall continue planning for and training adequate health personnel for Employers covered by this Agreement through the Hospital League/1199 Training and Upgrading Fund.

The contribution to the Fund shall be an amount equal to one half percent (½%) of the gross payroll of the Employees for the preceding month exclusive of amounts earned by the Employees during the first two (2) months following the beginning of their employment.

Contributions so received by the Trustees shall be used to study Employer manpower needs, including shortages in entry level jobs, upgraded positions and credential jobs; to develop career ladders, and to subsidize Employees in training and, when necessary, the costs of training in areas of manpower shortages.

The Trustees will be requested to seek grants from outside sources including the State and Federal governments for training to reduce the negative impact arising from layoffs or potential layoffs.

The Trustees of the Training and Upgrading Fund, in addition to the moneys received from Employers, shall attempt to secure such additional funds as may be available from public or other private sources. In addition, the Trustees shall seek community cooperation in such programs.
The Trustees of the Training and Upgrading Fund shall be composed of an equal number of representatives designated by the Union and by the League.
The Trustees of the Hospital League/1199 Training and Upgrading Fund shall develop programs to provide Employees who are laid off or who are potentially affected by layoff with retraining for lateral and/or upgrading opportunities. The purpose of such programs shall be to minimize the effect of actual or potential layoffs and may include stipends to supplement unemployment compensation, severance pay, etc. as deemed necessary and appropriate by the Trustees. All matters concerning the particulars of such programs including, among others, questions of eligibility, limitations, duration and amount, shall be determined by the Trustees.
The League and the Union will request that the Trustees consider ways to expand the number and location of conferences, workshops and seminars which may be attended particularly by professional Employees in order for them to keep abreast of developments in their fields.
The Employer will make a good faith effort to adjust schedules so that Employees can take training courses.
The Employer will make a good faith effort to make space available for training.

ARTICLE 23: BENEFIT FUND

The Employer shall continue to contribute to the 1199 National Benefit Fund for Health and Human Service Employees ("NBF" or "Fund") in an amount equal to the percentage as specified in Article XXIII, paragraph 5(c), multiplied by the gross payroll of the Employees for the preceding month exclusive of amounts earned by the Employees during the first two (2) months following the beginning of their employment, reduced by contribution credits, if any, approved by the NBF Trustees.

Such payments shall be used by the Trustees of the Benefit Fund for the purpose of providing the Employees with social benefits, e.g., medical benefits, disability benefits, death benefits and hospital benefits as the Trustees of the said Fund may from time to time determine.
It is agreed that the National Benefit Fund will provide disability benefits for the Employees covered by this Agreement, in accordance with the requirements of the New York State Disability Benefits Law. In view of the assumption of this obligation by the said Fund, the Employer agrees not to make any deductions from the covered Employees' wages on account of disability benefits. The National Benefit Fund will certify the assumption of this obligation in connection with disability benefits to the appropriate State agency and to the Employer.
The Trustees shall continue to provide Benefit Fund enrollment cards to the Employers in accordance with its prior practice.
The Union and the League hereby direct the Trustees to implement the cost containment measures set forth in Exhibit E.
The Union and the League of Voluntary Hospitals and Nursing Homes shall appoint a committee that will develop a program to provide the best possible health care and health benefits.
1. In designing this program, the Union and the League agree to be guided by the following objectives. That the National Benefit Fund will:
  1. Promote health and prevent disease;
  2. Provide comprehensive health benefits in a cost-effective manner, and when fully operational, at no costs to covered Employees and their eligible dependents;
  3. Provide improved access to high quality health care providers participating in the Plan;
  4. Seek to eliminate and/or eliminate all Employee out-of-pocket cost through maximizing the availability of services from member institutions and affiliated, participating providers (including but not limited to physicians, dentists and mental health providers);
  5. Permit Employees and their eligible dependents to exercise choice of providers;
  6. Seek ways through management of quality, utilization and price to restrain the growth in cost while maintaining the scope and improving the quality of services.
2. To achieve these objectives the Union and the League direct the National Benefit Fund Trustees to develop a comprehensive health care service network organized around a core of accessible, high quality primary care providers in accordance with the substantive provisions contained in the agreement between the League and 1199 dated June 28, 1994.
3. Effective February 1, 2002 through June 30, 2002, the contribution rate shall be 17.24% of gross payroll as defined in paragraph 1. Effective July 1, 2002 the contribution rate shall be increased to 19.5% of gross payroll as defined in paragraph 1. Effective May 1, 2003 and each twelve (12) months thereafter the rate shall be adjusted, as determined by the Fund actuary, to the level required to maintain all existing benefits including those improved in this Agreement and a minimum one (1) month surplus (defined as a surplus equal to one (1) month's contributions) through the expiration of the contract.
4. The League and its member institutions agree:
  1. To expand the NBF's preferred provider program the League will make maximum effort to encourage its member institutions to recruit affiliated physicians, mental health providers, dentists and other providers to accept NBF reimbursement as payment in full for medical, dental and all ancillary services.
  2. To designate appropriate top management with authority to implement this program with the NBF.
  3. To sponsor and conduct at the work place, with the NBF, health promotion-disease prevention programs which may include hypertension testing and treatment, breast cancer screening, nutrition, smoking cessation and other wellness programs.
5. The medical reimbursement schedule will be increased to the 2000 Medicare Schedule effective December 1, 2002 and increased to the 2002 Medicare Schedule effective December 1, 2004.

ARTICLE 24: PENSION

1. Except as provided below, Employers shall contribute each month to the 1199 Health Care Employees Pension Fund ("PF" or "Fund") in an amount equal to six and three-quarters percent (6.75%) of gross payroll of the Employees for the preceding month exclusive of amounts earned by the Employees for the first two (2) months following the beginning of their employment, effective January 1, 2002.
  
  Such payments shall be used by the Trustees of the Pension Fund for the purpose of providing Pension or Retirement benefits for the Employees as the Trustees of the said Fund may from time to time determine.
2. As of February 1, 2004, the Pension Fund actuary will review the wage and earnings assumptions and the 6.75% contribution rate. If he/she concludes that any change is advisable, he/she will make appropriate recommendations which shall be referred to the President of the Union and the President of the League. In the event of dispute, resolution by CIPC process.
3. Pension Contribution Diversions.
  1. Notwithstanding the above, the Employer, in lieu of Pension Contributions, shall:
  2. Pension Improvements
    1. Current Retirees' Pension Benefits shall be increased by three percent (3%) effective November 1, 2002, two percent (2%) effective May 1, 2003, four percent (4%) effective January 1, 2004 and four percent (4%) effective April 1, 2005.
    2. Effective April 1, 2005, increase the multiplier used for calculating benefits based upon future service from 1.76 to 1.85.
Such Fund at all times shall take whatever action is necessary to secure and retain approval of the U.S. Internal Revenue Service as a qualified pension fund.
The Employers' obligation with respect to contributions to existing pension plans and the Pension Fund established hereunder shall not exceed the greater of the contribution required hereunder or the present cost of such existing plans to the Employer per Employee. The parties shall meet to study existing pension plans for the purpose of protecting Employee rights thereunder and providing for an orderly transfer of Employees into the Pension Fund hereunder. Any disagreement regarding implementation of these provisions shall be subject to arbitration hereunder.
The Employer shall not withdraw from the Social Security Program.

ARTICLE 25: ENFORCEMENT OF ARTICLE 9 (A), 22, 23, 24, 36 and 42)

All Funds to which the Employer presently contributes (i.e. Benefit, Pension, Child Care, Training and Upgrading, Job Security Fund) or to which the Employer may contribute in the future, will be subject to the provisions of Article 25.
The Employer shall remit the contributions required under Articles 9 (A), 22, 23, 24 and 36 to the Funds on a monthly basis, based upon the previous month's payroll. Payments shall be due no later than thirty (30) days following the payroll month on which they are based. By way of example, an August contribution shall be based on the payroll for the month of July and shall be made no later than the 30th day of August. The Employer shall submit regular monthly reports with its contributions in such form as may be necessary for the sound and efficient administration of the Funds and/or to enable the Funds to comply with the requirements of Federal and applicable State law and for the collection of payments due pursuant to Articles 9A, 22, 23, 24, 36 and 42 of this Agreement.
The Employer agrees to make available to the Funds such records of Employees as classifications, names, social security numbers, days worked, and accounts of payroll and/or wages paid which the Funds may require in connection with the sound and efficient operation of the Funds or that may be so required in order to determine the eligibility of Employees for Fund benefits, and to permit Accountants for the Funds to audit such records of the Employer.
If a payment or payments are not made in compliance with Section 1 of this Article 25, the Employer shall, from and after the due date thereof, and until full payment of arrears is made, pay interest on such arrears at the rate of one and one-half (1 1/2%) percent per month or the maximum permitted by law, whichever is less. In addition, there shall be prompt arbitration thereof before the Impartial Arbitrator designated under this Article. The Arbitrator is hereby empowered to:
1. direct the remedying of such violations up to the date of hearing that have not been cured;
2. direct that there shall be no further violations of such provision(s) of these Articles;
3. direct that the following amounts, being the reasonable costs and expenses in connection with each Fund arbitration proceeding, be paid to the Fund(s) by the Employer:
  1. for an uncontested proceeding, the lesser of ten percent (l0%) of the amount found due to each Fund or $500 to each Fund involved.
  2. for a contested proceeding, the lesser of twenty percent (20%) of the amount found due to each Fund or $1,000 to each Fund involved.
4. In the event that an Employer fails to make payment of contributions as required by Articles 9A, 22, 23, 24, 36 and/or 42, the Arbitrator shall also have the power to require the properly authorized agent of the Employer to sign a Confession of Judgment in the amount of the Award including interest, costs and expenses as herein above provided within ten (l0) days from the issuance of the Award.
Notwithstanding the foregoing, in cases where an Employer has voluntarily agreed to a verification of the amounts contributed to a Fund through an inspection of the payroll records of its Employees by a Certified Public Accountant retained by the Funds, the Employer shall not be obligated to make retroactive interest payments or payment of costs and expenses pursuant to paragraph 4(c) of this Article 25 where the Employer proves to the satisfaction of the Arbitrator designated under this Article that the principal amounts at issue were not contributed because of a genuine oversight by the Employer. In such a case, interest upon the principal amounts determined by the Certified Public Accountant retained by the Fund shall be due the Fund at the rate specified in the immediately preceding paragraph from and after the earlier of the following dates: (1) the date of the Award of the Arbitrator designated under this Article; or (2) thirty (30) days following receipt of a written request for payment from the Fund which sets forth the amount claimed, and the basis upon which it has been determined.
Alan R. Viani is hereby designated as an Impartial Arbitrator to hear and determine any disputes which may arise between the parties with regard to payment of contributions and/or interest under Articles 9A, 22, 23, 24, 36 and/or 42 and the enforcement thereof under Article 25. Such arbitration shall be heard no later than ten (l0) days after written request for arbitration is submitted to the Arbitrator. The Award of the Arbitrator shall be issued within five (5) days thereafter. In the event of a vacancy in this position for whatever cause, the Employer agrees to accept the Impartial Arbitrator selected by the Union and the League which shall expedite the selection of an arbitrator to fill the vacancy. If the Union and the League are unable to agree, such disputes shall be handled in accordance with Article 3134 until such time as the Union and the League do agree on a replacement.
In the event that the attorneys for the Fund(s) or the Union are required to move in court for confirmation of the Award or to oppose a stay and/or motion to vacate or set aside the Award in whole or in part, reasonable attorney's fees shall be imposed by the Court, if the Award is confirmed or the stay denied. Service of notices, papers, petitions, summonses or other process to enforce or confirm awards or judgments with respect to the collection of contributions to the Fund may be by certified or registered mail.
In the event that the Trustees of the Fund(s) have terminated benefit coverage or pension credits to Employee(s) because the Employer has failed to comply with the contribution requirements of Articles 9A, 22, 23, 24, 36 and/or 42, then the Employer shall be directly liable to the affected Employee(s) for benefits to which the Employees would otherwise be entitled under the Funds; the amount of any benefits directly paid by the Employer pursuant to this Paragraph may not be credited or offset by the Employer against the amounts due the Fund(s) under Articles 9A, 22, 23, 24, 36 and/or 42, it being understood that the Employer shall continue to be obligated to make contributions to the Fund(s) in accordance with Articles 9A, 22, 23, 24, 36 and/or 42. However, in the event that the Employer pays all past due contributions, interest, costs and expenses as provided in this Article, it shall be entitled to a credit equal to 65% of the actual audited benefits paid directly, but shall in addition be liable for the costs of auditing such direct payments in the amount of l5% of such amount.
Each of the Funds shall be held and administered under the terms and provisions of an Agreement and Declaration of Trust, and any amendments thereof, which provides for equal representation by the Union and the employers contributing to that Fund and that any dispute whatsoever that may arise or deadlock that may develop among or between said Trustees shall be submitted to arbitration before an Arbitrator or Umpire, except as may be otherwise provided for in said Agreement and Declaration of Trust, and his/her decision shall be final and binding. Such Trust Agreement shall provide for bloc voting.
An independent audit of each Fund shall be made annually and a statement of the results thereof shall be furnished to the Employer.
Employees elected or appointed as Trustees of the NBF, PF, TUF, JSF, P&P and Child Care Fund shall be released by the Employer without pay to attend scheduled meetings of the Trustees. The Employer will also make its best effort to release Employees elected or appointed to the Executive Council to attend scheduled meetings thereof. In both cases the Employees shall be released unless such release will unreasonably interfere with the operation of the unit in which the Employee is employed.
The Employer and the Union agree that on request by the Union, they will execute an agreement prospectively reducing the contribution rate to the Pension Fund and simultaneously increasing the contribution rate to the Benefit Fund and/or the Training Fund. The total amount of contributions redirected to the Benefit and/or Training Fund shall be in the same amount as the reduction in contributions to the Pension Fund.
The Employer agrees that the provisions of Articles 9A, 22, 23, 24, 25, 36 and 42 will continue in full force and effect in the event of any change in the name, composition or structure of any or all of the Funds or the creation of any successor fund which assumes the responsibility to provide the same or similar benefits to the Employees covered by this agreement, which change or changes are consented to by a majority of the Union Trustees and a majority of the Employer Trustees designated by the League or by operation of law. In the latter event, all payment and other obligations referred to herein will be to the successor fund.

ARTICLE 26: UNIFORMS

Employees in classifications where a uniform is required will receive six (6) new uniforms per year from the Employer.
In addition, each July, all Employees on the payroll shall receive a $175. annual uniform allowance for reimbursement of the cost of maintaining said uniforms.

ARTICLE 27: SOCIAL SECURITY

The employer shall not withdraw from the Social Security program.

ARTICLE 28: MEDICAL EXAMS

A Management Union Committee will be formed to discuss with the Employees Health Service the feasibility of providing annual physical examinations to all employees and during their regularly assigned tours.

ARTICLE 29: MANAGEMENT RIGHTS

Except as in this Agreement otherwise provided, the Employer retains the exclusive right to hire, direct and schedule the work force; to plan, direct and to control operations; to discontinue, subject to the provisions of paragraph 3 of this Article, or reorganize or combine any Department or Branch of operations with any consequent reduction or other changes in the work force; to hire and layoff 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 work 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.
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.
Subcontracting
1. Employers who are presently subcontracting all or any part of their present services of whatever nature or description to other Employers who are covered by a current Collective Bargaining Agreement with the Union may continue to do so without restriction provided that such work is performed by members of the Union in the bargaining unit of the Employer performing such work.
2. Employers who are now subcontracting all or any part of their present services to other Employers, who, however, are not covered by a current collective bargaining agreement with the Union may continue to do so, provided that the total amount of such services presently so subcontracted shall remain at the current existing level. In the event, however, that the present level^* of such subcontracted services shall, at any time in the future, be increased by a figure in excess of twenty (20%) percent of the present total amount of such subcontracted services, then and in that event the parties shall attempt to negotiate a solution concerning such increase. Partial increases in the level of such subcontracted services are not to be considered until the totality of such increases reach or exceed the aforesaid twenty (20%) percent figure. In the event of a failure to arrive at an adjustment within twenty (20) days after such increase, the matter shall be submitted to an impartial arbitrator, whose function it shall be to determine (a) the ability or inability of the Employer to accommodate itself (because of a manpower shortage or any other legitimate reason) to the increased services without the need to subcontract to a Employer which is not covered by a collective bargaining agreement; (b) the health, safety and welfare of the Employer’s patients who might be affected by the alleged inability of the Employer to accommodate itself to the required increase in services. This factor (b) shall be deemed and considered as the prime objective. (c ) The purpose and function of the subcontracted work must be given first consideration and not the job duties or skills of the individual Employees.
  ^{*The term “present level” when used in this Article 19 refers to the
  date specified in the Cahn award.}
3. In the event that two or more Employers covered by a collective bargaining agreement with the Union shall at any time in the future desire to combine for the purpose of creating a centralized agency to perform services of any kind, nature or description theretofore required by the Employer participating in such centralized agency, the transfer of such services to such centralized agency shall not be deemed nor considered as subcontracting provided that the services so performed by the centralized agency shall be performed by members of the Union and that such centralized agency enter into a Collective Bargaining Agreement, or as such terms and conditions shall be amended by any subsequent Collective Bargaining Agreement.
4. Except insofar as it is limited by item (2) hereof, no Employer shall hereafter subcontract to any profit or non-profit organization any of its (a) service and/or maintenance work, (b) clerical and/or office work, (c) licensed practical nurse work of any kind, nature or description. Employers who are presently subcontracting any part of the above listed work may continue to do so but in the event, however, that the level of such presently subcontracted services shall, at any time in the future, be increased by a figure, in excess of twenty (20%) percent of the total amount of such presently subcontracted service, then and in that event the procedures for adjustment and the criteria outlined in Section (2) hereof shall become applicable. The itemization of (a), (b) and (c ) above listed shall be deemed to include but shall not be limited to kitchen operations, laundry, laundry services, dietary service, housekeeping services, day to day service and maintenance work having to do with upkeep functions which are routine or frequently recurring rather than unusual or infrequent, janitorial work, porter work, clerical, office accounting work, etc.
5. Except insofar as it is limited by items (2) and (4) hereof, any Employer which presently subcontracts for the preparation and purchase of kosher or other specialized foods may continue to do so. In the event a Employer shall be required to increase such presently subcontracted services by a figure in excess of twenty (20%) percent of the present total amount of such subcontracted services, then the procedures outlined in Section (2) hereof shall become applicable.
6. In the event of any emergency such as fire, epidemic, power failure, machine breakdown, war, major catastrophe and the like, any Employer may subcontract part or all of any of its services for the duration of the emergency. This itemization shall not be deemed nor construed as being limited solely to the above listed emergencies.
7. Any Employer may, if it desires, subcontract any and all technical and/or laboratory services which, in the Employer’s opinion and judgment, it cannot properly adequately nor fully perform so as to protect the health, safety and welfare of its patients. In the event, however, that the Union shall claim an abuse of such judgment then the procedures for adjustment of that claim shall be resolved in accordance with the method and tests set forth in item (2) hereof. This section shall not be deemed nor considered as applying to those Employees who may be attached to the laboratory or technical staff and classified as laboratory or technical employees but who are performing maintenance, porter, cleaning or upkeep services for the laboratory and/or technical department.
8. Any Employer may subcontract any and all diagnostic and/or specialized medical services which would improve its diagnostic abilities and/or specialized medical services involving the health and welfare of its patients whenever such Employer is unequipped, because of a manpower shortage or absence of appropriate mechanical, electrical or electronic equipment to provide its patients with such care. If at any time in the future any one or more of these elements are substantially reduced or the Employer acquires the appropriate mechanical, electric or electronic equipment then and in that event the question of whether or not such Employer shall thereafter itself perform such services shall be submitted to negotiation and failing adjustment the procedures and tests outlined in Section (2) hereof shall become applicable.
Monitoring and Enforcement of Recognition and Subcontracting Provisions
1. If the Union identifies "non-union" positions on the payroll for the "Affiliation" that were created since July 1, 1984, and is work that should come under the jurisdiction of the Collective Bargaining Agreement, the Union will submit these positions to the Employer by July 1, 1993.
2. The parties agree that the positions referred to in paragraph (a) above shall be jointly examined by a Labor Management Committee and upon mutual agreement, shall be placed in the bargaining unit, in accordance with the Collective Bargaining Agreement. If the parties cannot reach an agreement concerning whether the positions referred to in paragraph (a) should be covered by the Collective Bargaining Agreement, the parties agree that such disputes shall be submitted to the grievance, mediation and arbitration procedures of the Collective Bargaining Agreement.
3. The Employer agrees to provide the Union with a semi-annual report with the names, departments, social security numbers, dates of hire, salaries and hours worked for all bargaining unit employees, including full-time and part-time employees, as well as one fifth (1/5) or less part-timers, temporary, probationary, per diems, agency or contingent workers, etc. The Employer will also include in the semi-annual report all utilization of agency personnel covering bargaining unit vacancies, temporary positions or emergency leaves and all bargaining unit vacancies by department for which the Employer is recruiting, including date the vacancy began and how the vacancy is being covered. Such report will be submitted in a mutually agreed upon format.
  1. The Union and management agree to decide upon a mutually agreed upon format which does not alter the intent of 4 (c) herein.
  2. This format will be for the purpose of flexibility (i.e., to allow management adequate time to submit reports to the Union).
  3. The format will be agreed upon by both parties in the Labor-Management Committee meeting in May, 1993, or shortly thereafter.
4. The semi-annual report shall include job descriptions for all positions including non-union positions as stated in paragraph (a), Subsequent reports shall include any job description which has been changed from the last reporting period.
5. The Employer will provide an annual report of all subcontracting identifying subcontractor, nature and volume of work performed in those departments included in the bargaining unit and the time period during which such subcontracting took place in that year.
6. The initial report shall be due on October 1, 1993, for the period ending June 30, 1993.
7. The Employer agrees to meet with the Union upon request to discuss the contents of said reports.
8. The Union and Employer shall commence discussions by December 13, 1993, to resolve any disputes regarding whether the Employees referred to in paragraph (c) should be covered by the Collective Bargaining Agreement, and shall complete any discussions by March 31, 1994. In the event that the parties are unable to resolve their differences by March 31, 1994, as to whether the Employees referred to in paragraph (c) should be covered by the Collective Bargaining Agreement, such disputes shall be submitted to the grievance, mediation and arbitration procedures of the Collective Bargaining Agreement.

ARTICLE 30: RESIGNATION

An Employee who resigns shall give the Employer advance notice equal to the initial annual vacation entitlement for his/her job classification.
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.

ARTICLE 31: DISCHARGE AND PENALTIES

The Employer shall have the right to discharge, suspend or discipline any Employee for cause.
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. 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 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.

If the Union notice of contest is given from six (6) to ten (10) working days after receipt of notice of discharge, the days beyond five (5) days shall be deemed waived insofar as back pay is concerned.
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.
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.
All time limits herein specified shall be deemed exclusive of Saturdays, Sundays and holidays.

ARTICLE 32: NO STRIKE OR LOCKOUT

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.
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.
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 or 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:
1. Publicly disavow such action by the Employees.
2. Advise the Employer in writing that such action by Employees has not been called or sanctioned by the Union.
3. Notify Employees of its disapproval of such action and instruct such Employees to cease such action and return to work immediately.
4. Post notices at Union Bulletin Boards advising that it disapproves such action, and instructing Employees to return to work immediately.
The Employer agrees that it will not lock out Employees during the term of this Agreement.

ARTICLE 33: GRIEVANCE PROCEDURE

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 31), 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 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 shall be presented in this step to the Personnel Director or Administrator of the Employer 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 as follows:

for disciplinary grievances involving discharges or suspensions within fifteen (15) working days;
for other grievances twenty-five (25) working days.

The parties will endeavor to fashion an Employer specific procedure for scheduling grievance meetings where they are unable to agree on a date and time within this period. If they cannot reach such agreement by November 1, 1992, the following procedure shall apply:

If the parties cannot agree on a date and time for a grievance meeting within this period, then each side will offer in writing three dates and times (during normal business hours) from which the other side will pick one. From the two dates so selected one will be chosen by the parties on alternating grievances provided such date is not more than fifteen (15) working days or twenty-five (25) working days from the date of the request for a grievance meeting depending on the type of grievance. Notwithstanding the above, each side will be entitled to one adjournment of this date by written request delivered to the other party before the scheduled date, in which event a new date will be scheduled within fifteen (15) or twenty-five (25) working days of the initial scheduled date depending on the type of grievance. Selection of an adjourned date shall be according to the same procedure used to schedule the original date. 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 of either party to appear and fully present its case at the grievance meeting on the scheduled date and time or of the Employer to render its decision within the time limits set forth above shall result in a default by such party and the grievance shall be deemed granted by the Employer, or waived by the Union as the case may be, but solely with respect to the particular grievance (i.e., the deemed grant or waiver will not bind or be a precedent in other cases). In cases involving violence, theft, patient abuse, substance abuse on premises, or serious misconduct of equivalent level, the default may be cured by appearance and full presentation of the case at a third step grievance meeting within 10 days of default notification. This paragraph shall not apply to a grievance arising from the issuance of disciplinary warnings where no other disciplinary action (e.g. termination or suspension, etc.) is involved.

In the event that the number of grievance meetings requested is beyond the ability of the Employer to schedule within the prescribed time limits, the Union and the Employer shall attempt to resolve the problem by mutual agreement. Should they fail to reach agreement within five (5) working days, an Industry Chairman, appointed by the parties, shall resolve the problem of the overload including the procedure that should apply in each case.

The above time limits and sanctions shall apply to grievances presented at Step 3 on or after February 1, 1993. The parties will use their best efforts to promptly hear and resolve all currently outstanding third step grievances where a hearing has been requested. Where there is a substantial backlog of step three grievances, a procedure will be developed by the local 1199-Employer Labor Management Committee to present them as expeditiously as possible and they shall be heard by February 1, 1993.This provision will not limit the present right of the grieving party to proceed to arbitration.

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.

All third step decisions will be mailed to the Organizer and Area Director in care of the union Headquarters (310 West 43^rd Street, New York, N.Y. 10036) and a copy given to the delegate who handled the case.

Anything to the contrary herein notwithstanding, a grievance concerning a discharge or suspension may be presented initially at Step 3 in the first instance, within the time limit specified in Article 33 Section 1.

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.
All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays and holidays.
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.
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.

ARTICLE 33 (A): MEDIATION/LABOR MANAGEMENT COMMITTEE

It is the intention of the parties that the mediation process provided for below will be available to assist in the disposition of disciplinary disputes and cases of contract application concerning fact oriented issues.

Mediation

Grievance mediation (effective for grievances presented at Step 3 on or after February 1, 1993)
1. Upon the request of either party a grievance not resolved at the third step shall be submitted to mediation within ten (10) working days after completion of Step 3 of the grievance procedure.
2. There shall be a mutually designated panel of mediators who agree to mediate within fifteen (15) working days of notice.
3. The parties may present up to five (5) grievances per mediation session. Wherever possible, each side shall present its case within thirty (30) minutes.
  
  Each party will designate a spokesperson among those present (no outside lawyers or house counsel).
4. Cost of mediation is to be borne equally by the parties.
5. The mediators will attempt to assist the parties to resolve each grievance on mutually agreeable terms. Any recommendation by the mediator will be made at the time of the meeting, no recommendation by the mediator shall be in writing (except as the parties may agree) and no position, testimony or statement by any party, his/her representative, the mediator or witness shall be used in any future arbitration proceeding or for any other purpose.
6. All currently outstanding arbitrations involving disciplinary disputes and cases of contract application concerning fact oriented issues, in which no hearing has yet been held, at the request of either party, shall be submitted to mediation within one hundred and twenty (120) days of the effective date of this provision. The referral to mediation will not delay any scheduled arbitration hearing unless the parties mutually agree to such delay.

ARTICLE 34: ARBITRATION

A grievance, as defined in Article 33, 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 procedure of the American Arbitration Association. The arbitration shall be conducted under the Voluntary Labor Arbitration Rules then prevailing of the American Arbitration Association.
The fees and expenses of the American Arbitration Association and the arbitrator shall be borne equally by the parties.
The award of an arbitrator hereunder shall be final, conclusive and binding upon the Employer, the Union and the Employees.
The Arbitrator shall have jurisdiction only over disputes arising out of grievances, as defined in Section 1 of Article 33 and he/she shall have no power to add to, subtract from, or modify in any way any of the terms of this Agreement.
A grievance contesting a discharge may, within thirty (30) working days after completion of Step 3 of the grievance procedure, be referred for arbitration to an arbitrator appointed by the American Arbitration Association.
The American Arbitration Association will produce one list of eleven (11) names of arbitrators, seven (7) of whom are members of the National Academy of Arbitrators, and all of whom have dates available to hear cases within thirty (30) working days of selection. The parties will alternately strike names until one remains who shall be the arbitrator. The time period for selecting the arbitrator shall be seven (7) business days. The Employer and the Union shall strike the first name on an alternating basis.
The arbitration hearing shall be held within thirty (30) working days of appointment of the arbitrator or within thirty (30) working days of completion of the mediation procedure or 1199 / Employer Grievance Committee procedure if either has been requested, whichever is later. Neither side shall be entitled to more than one adjournment of that date, unless there is mutual consent. The adjourned date must be within thirty (30) working days of the postponed hearing date.
If the parties agree, the arbitrator shall hear more than one case in a day.
No briefs shall be submitted in disciplinary cases heard in one day. The parties agree in principle - and the arbitrators will be instructed - that briefing should be avoided or limited in all cases unless complexity of the issues demands briefing. In such situation, the parties must agree on the filing of briefs or obtain approval from the arbitrator to file briefs. Briefs, if permitted, are to be filed within two (2) weeks of the hearing.
Arbitrators’ decisions are to be rendered within two (2) weeks. However, in disciplinary cases, awards shall be issued within forty-eight (48) hours with an opinion to follow.
Arbitrators are to be instructed to issue succinct decisions in all cases, attempting, wherever possible, to limit study and writing to one-half (1/2) day.
The parties shall designate a panel of six (6) arbitrators who shall hear cases arising under Article X section 9 of the Agreement.
Stipulation V hereto shall apply with respect to arbitrations of residual classifications.
Voluntary Arbitration Project:

In order to reduce the delay and cost of arbitrations, the parties agree to establish a pilot project, which shall apply only to discipline cases. A Committee shall be appointed by the parties, consisting of equal numbers (see c, below), which shall establish appropriate rules and procedures, which shall include the following provisions:
1. Employers may join the program on a voluntary basis.
2. An administrator shall be appointed and his or her salary and all administrative expenses will be paid by the P&P Fund.
3. A group of arbitrators shall be selected by B. McIver, D. Rivera, B. Paterson and E. Silver. Fixed dates each month shall be set aside by said arbitrators to hear such grievances.
4. It is the intention of the Union and the League and the Employers who participate to have these cases heard and decided on an expedited basis. If possible, hearings shall be concluded in one day, except where the parties or the arbitrator decide an additional day or days is required. In no event shall the Union or an Employer be deprived of the opportunity to present pertinent testimony or other evidence which it deems necessary for the Arbitrator to render an appropriate award. The Arbitrator is empowered to decide any disputes concerning this issue.
5. Employers who agree to participate in this program shall appoint senior representatives who will join George Gresham, Bruce McIver, Basil Paterson and Edward Silver in administering this program. For each such appointment, the Union shall appoint a counterpart representative from its staff.
6. Once the rules have been established and arbitrators selected, other (non-League) employers which contribute to the P&P Fund may join the program.

ARTICLE 35: 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 their 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 appropriated 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.

ARTICLE 36: CHILD CARE/YOUTH FUND

The Employer shall contribute to the 1199-Employer Child Care Fund at the rate of five-tenths percent (.5%) of gross payroll to provide child care and youth programs for 1199 members’ children. Effective January 1, 2003 all Child Care funds shall be commingled under terms approved by the Trustees.

ARTICLE 37: HOUSING

The Employer agrees to support efforts to assist 1199 members in obtaining quality, affordable rental and ownership of housing. As such, the Employer and the Union will support any recommendations made by the committee formed between 1199 and the League of Voluntary Hospitals and Nursing Homes (League and LVN).

ARTICLE 38: HEALTH AND SAFETY

The Employer, the Union, and the individual Employee shall cooperate in encouraging the maintenance of a safe and healthy workplace. The Employer shall comply with all Federal, State and local laws, including recently adopted OSHA pathogen standards. The Union shall agree to cooperate in encouraging such rules as are necessary to comply with such laws.
The Employer shall provide safety and health training for all Employees on work time. Employees shall receive annually an updated training session. The Union health and safety department will work with the Employer on course content and determining the appropriate number of hours of training.
A Safety and Health Committee composed of an equal number of Union and Employer representatives shall be formed to implement this Article. The Safety and Health Committee shall cooperate to investigate, identify and remove conditions which are hazardous to an Employee’s safety and health. Depending on the size of the institution the Union representatives will vary from three (3) to six (6). Said committee may meet monthly. It is agreed that the Union’s safety and health committee, and the Union representatives to the joint committee, act hereunder exclusively in an advisory capacity and that the Union, Union safety and health committees, and their officers, employees and agents shall not be liable for any work-connected injuries, disability or disease which may be incurred by Employees.
Employee members of the union-management occupational safety and health committee will be paid their regular rate of pay for conducting inspections, or performing any other function designated by the safety and health committee. Furthermore, an Employee who accompanies a Federal, State or local occupational safety and heath inspector on an inspection tour will be paid at his/her regular rate of pay for this time.
In the event that any Employee shall be exposed to any communicable disease, the Employer agrees to promptly review proper procedures to be followed by Employees exposed to such communicable diseases.
Where an Employee comes in contact with blood and other body fluids as a result of their job duties, the Employer will provide Hepatitis B vaccine to the Employee at no cost to the Employee.

ARTICLE 39: LOCAL 1199 / EMPLOYER LABOR MANAGEMENT COMMITTEE

There shall be established a Local 1199/Employer/Labor/Management Committee. The Committee will be composed of five (5) Union and five (5) Employer representatives and may be supplemented with additional participants on different issues.

Among the matters the Committee will handle are the following:

Grievances involving contract interpretation questions.
Issues relating to the scope of the recognition clause, the use of part-time employees, and subcontracting.
Issues of cross training, broad banding, alternate work schedules and creation of new jobs and terms and conditions concerning such matters.
Ideas to promote quality of work life including the use of full time instead of part-time bargaining unit Employees, improved working conditions, workload issues and increasing the skills and value of health care Employees.
Variable shifts (as set forth in Article 14)
Such other matters as may be as signed to it under the contract or which the Committee agrees to entertain

Additional matters the Committee will handle are the following:

The creation of new job titles.
Lead Technician
Employees working alone.
Reimbursement for education seminars (E.C.E.).
Such other matters as may be assigned to it under the contract or which the Committee agrees to entertain.

The Committee and its consideration of issues will not limit the right of the parties to resolve disputes pursuant to the grievance and arbitration provisions of the contract.

The Committee shall have no power to modify any right inherent in the previous contract.

Issues under (a), (b), (c), (d), and (e) above are not subject to the grievance and arbitration provisions of the contract unless the matter is grievable and arbitrable under another provision of the contract.

In order to maximize the success of this project, the Labor/Management Committee may undertake a process of outside training and facilitation. The Contract Interpretation and Policy Committee will be responsible for setting up such process.

Funding will come from the Labor/Management Planning Fund. The Contract Interpretation and Policy Committee may use outside facilitators to help in the process.

Quality of Work Issues:

The League and the Union have agreed to continue discussions concerning certain issues raised during negotiations. These issues are: (1) whether the Employer shall be obligated to hire referrals from the Joint Employment Service, (2) issues concerning part-time employees, (3) mandatory overtime and (4) job grouping for layoff, recall and displacement.

With respect to issues (2) and (4), if the parties do not reach a resolution within ninety (90) days, the Union may request interest arbitration before the CIPC arbitrator. With respect to item (3), the parties shall refer the issue to interest based bargaining with the assistance of the Labor-Management Project of the P&P Fund.

ARTICLE 39A: PROFESSIONAL/TECHNICAL PRACTICE COMMITTEES

There shall be a Professional/Technical Practice Committee ("PTPC") consisting of eight members, including: four (4) Employees from professional and technical classifications chosen by the Union and four (4) management representatives, including a department director for the Employer or his or her designated representative.
The PTPC shall meet at appropriate intervals as determined by the committee members, but in no event less frequently than four (4) times per year.
The purpose of the PTPC will be to improve communications, facilitate discussion and make recommendations concerning professional practice issues that arise from time to time.
The recommendations of the PTPC shall be made to the appropriate department director or other Employer representative.

ARTICLE 40: CONTRACT INTERPRETATION AND POLICY COMMITTEE

A Contract Interpretation and Policy Committee shall be created under this Agreement consisting of the President of 1199 and the President of the League, who shall each appoint one other member. Their appointments for the term of this contract as extended are Basil Paterson, Esq. and Edward Silver, Esq.
The function of the Contract Interpretation and Policy Committee will be to mediate and attempt to resolve disputes that may arise under this Agreement in areas specifically set forth herein which will have major policy implications, and to ensure the successful achievement of the goals of the 1199 Employment, Training and Job Security Fund.
In the absence of a resolution by the Contract Interpretation and Policy Committee, the issue shall be submitted to Basil Paterson, Esq. and Edward Silver, Esq. Upon their failure to agree, the unresolved issue shall be submitted to an arbitrator selected by them.
The Contract Interpretation and Policy Committee will have no authority to:
1. Develop the consolidation of the existing Funds (Training and Upgrading and Job Security Funds) and the development of new resources. Planning and consolidation of these Funds will be achieved no later than one year from the signing of the Agreement;
The Contract Interpretation and Policy Committee shall have authority to resolve:
1. Disputes involving the following: compliance with lay-off provisions; Job Security Fund and/or Employment Service issues, notice of requirements; implementation of the 1199 Employment, Training and Job Security Fund, including consolidation of existing funds, etc.;
2. Disputes arising from employment security provisions and Articles 2 (Union Security), 6 (Hiring), 8 (Temporary Employees), 9 (Seniority), 9 (A) (Job Security), except disputes concerning the content of restructured and newly created jobs (Section 10);
3. Grievances involving contract interpretation questions with potential League-wide ramifications, provided they have not first been resolved by the Labor/Management Committee under Article 39 of the Agreement;
4. Other disputes as determined by the parties.
In addition, the Contract Interpretation and Policy Committee shall:
1. Develop ideas to promote quality of work life, including the use of full-time instead of part-time bargaining unit Employees, improve working conditions, workload issues and increasing the skills and value of health care Employees and all related issues.
2. Review arbitration procedures.
Penalties may be imposed by the Contract Interpretation and Policy Committee if Employers fail to call in available positions or fail to provide other required information or notices.
To expedite its assignments and to deal with routine matters, the Contract Interpretation and Policy Committee may establish procedures to delegate responsibilities as it deems appropriate.

ARTICLE 41: QUALITY CARE COMMITTEE

The health care workers of 1199 and the leadership of the Employer are committed to providing every patient at every institution with the best care we can.

We recognize that this can best be accomplished by the Union and industry working together in full partnership.

Our health care system is changing. While the direction of much of this change is uncharted and unknown, there is certainty that change will come. And with this there will be transformations in the care people receive and the character of the work that we do.

Taking into consideration the needs for flexibility of a health care industry in transition, the parties agree that the Quality Care Committee (T.Q.I.) will work to achieve better working conditions, a qualified and satisfied workforce, and maximize the job security of its workforce.

It is our goal to reach agreement of all issues by consensus and develop a relationship based on mutual respect and trust.

The Committee has no fixed agenda. It will deal with both short and long term issues confronting health care workers and the health care system. The issues can be as immediate as how to deal with sub-contracting and as visionary as jointly describing our best ideas for a new health system for the country.

The Committee will be composed of Union and Employer representatives from rank-and-file Union members to Chief Executive Officers.

Nothing herein is subject to the grievance and arbitration provisions of the contract unless the matter is grievable and arbitrable under another provision of the contract.

ARTICLE 42: P&P FUND

The Union and the League have established the 1199 Hospital League Health Care Industry Planning and Placement Fund, Inc. (P&P Fund), a Labor-Management Cooperation Act corporation which, consistent with its certificate of incorporation, shall create and operate a Labor Management Planning Program and a Joint Employment Service (See Article 6).
1. The Labor Management Planning Program ("LMPP") shall:
  1. collect information on job trends and emerging workforce skills, including new job classifications, which affect Union members and the health care industry in general.
  2. provide training facilitation and funding for training and facilitation to the members on the Local Institution-based Labor/Management Committees and Subcommittees and CIPC.
  3. provide information and support to CIPC.
  4. provide administrative support to the CIPC in connection with the fulfillment of the CIPC's goals under the League MOA.
2. The Joint Employment Service shall:
  1. provide job placement and referral services (without a fee) to Employers and to individuals seeking employment in the health care industry.
  2. assist Employers by recruiting and testing applicants for jobs in the health care industry.
  3. maintain a computerized bank of prospective employees in the health care industry.
The P&P Fund shall maintain a Master Fund Account("MFA"), a pass-through disbursement account, to receive and immediately disburse contributions from contributing employers which monies shall be allocated pursuant to the terms of supplemental agreements between 1199 and the League.
For the contract period February 1, 2002 through July 31, 2005, the P&P Fund shall be financed by a diversion of contributions which would otherwise be due and owing to the NPF in an amount to be agreed upon by the League and the Union, as provided in Article 24(Pension), paragraph 1(c)(i), above, together with such other amounts as may be required under the terms of any supplemental agreements between 1199 and the League.

ARTICLE 43: MISCELLANEOUS

The Employer agrees to pay fifty percent (50%) of the printing cost of the contract for Union and Management needs.

ARTICLE 44: EFFECTIVE DATES AND DURATIONS

This Agreement shall be in full force and effect for the period commencing February 1, 2002 to July 31, 2005.
The Employer and the Union agree to jointly enter into discussions relative to the renewal of this Agreement no later than the ninetieth day (90^th) day immediately preceding the termination date of this Agreement.

IN WITNESS WHEREOF, the Union and the Employer have executed this Agreement this eleventh day of July 2000.

1199 SEIU, NEW YORK’S HEALTH AND HUMAN SERVICE UNION	TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, THE COLUMBIA UNIVERSITY AFFILIATE AT HARLEM HOSPITAL
/s/ Dennis Rivera Dennis Rivera, President	/s/ Colleen Crooker Colleen Crooker, Vice President Human Resources
/s/ Betty Hughley Betty Hughley, Executive Vice President	/s/ David M. Cohen David M. Cohen, Asst. VP, Employee & Labor Relations
	/s/ Gerald E. Thomson Gerald E. Thomson, MD Senior Associate Dean
	/s/ Ellen Giesow Ellen Giesow, Assoc. Dean Admin. Affairs, University Affiliate Harlem Hospital
	/s/ Gloria Whitley Gloria Whitley, Director Human Resources, Harlem Hospital

EXHIBIT A : CHECK-OFF AUTHORIZATION

DATE: _____________________

TO:_________________________________________

You are hereby authorized and directed to deduct an initiation fee from my wages or salary as required by 1199 SEIU, New York's Health & Human Service Employees Union, AFL-CIO, as a condition of my membership and in addition hereto, to deduct each month my monthly membership dues from my wages or salary; and to remit all such deductions so made to 1199 SEIU, New York's Health & Human Service Employees Union, AFL-CIO, 310 West 43^rd Street, New York, New York 10036, no later than the tenth day of each month immediately following the date of deduction or following the date provided in the Collective Bargaining Agreement for such deductions. This authorization is a voluntary act on my part and shall be irrevocable for a period of one (1) year or until the termination date of the Collective Bargaining Agreement, whichever is sooner, and shall, however, renew itself from year to year unless the employee gives written notice addressed to the Local 1199 Finance Department at 310 West 43^rd Street, New York, New York 10036, at least fifteen (15) days prior to any termination date of the revocation of this authorization.

_______________________________ Print Name	_______________________________ Home Address
_______________________________ Signature	_______________________________ City, State, Zip
_______________________________ S.S. #	_______________________________ Dept.

EXHIBIT B: LOCAL 1199 CREDIT UNION CHECK-OFF AUTHORIZATION

Local 1199 Credit Union

CHECK-OFF AUTHORIZATION

Effective Date: _____________________

TO:__________________________________________

You are hereby authorized and directed to deduct from my wages or salary the sum of $_____________each pay period and to remit such deductions to the Local 1199 Credit Union, no later than the 10th day of each month following the month in which the deductions are made. This authorization may be revoked by a 30 day written notice sent to Local 1199 Credit Union, unless this authorization is executed as security for or as a manner or method of the repayment of a loan from the Local 1199 Credit Union doing business in New York and in such latter event the same shall be in full force and effect until the loan from the Local 1199 Credit Union has been paid in full.

Print Name	__________________________________________
Signature	__________________________________________
Home Address	__________________________________________ Number Street __________________________________________ City/Town, State, Zip
Employed At:	__________________________________________
Address	__________________________________________
Social Security Number	__________________________________________

STIPULATION I

TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, THE COLUMBIA UNIVERSITY AFFILIATE AT HARLEM HOSPITAL

The bargaining unit(s) covered by 1199/SEIU in Trustees of Columbia University in the City of New York The Columbia University Affiliate at Harlem Hospital referred to in Article I of the Collective Bargaining Agreement between Local 1199 and Trustees of Columbia University in the City of New York, The Columbia University Affiliate at Harlem Hospital are:

Technical
Occupational Therapist
Speech Therapist
Speech Clinician
Audiologist

STIPULATION II

MINIMUM RATES

Title	August 1, 2002 (3%)	February 1, 2003 (2%)	September 1, 2003 (4%)	September 1, 2004 (4%)
Technician Trainee (Phleb.)	$ 523.56	$ 534.03	$ 555.39	$ 577.61
Technician I (0-5 years)	$ 639.57	$ 652.36	$ 678.45	$ 705.59
Technician II (5-10 years)	$ 682.34	$ 695.99	$ 723.83	$ 752.78
Technician III (10+ years)	$ 753.40	$ 768.47	$ 799.21	$ 831.18
Technician IV (20+ years)	$ 834.79	$ 851.49	$ 885.55	$ 920.97
Technologist I ((0-5 years)	$ 733.37	$ 748.04	$ 777.96	$ 809.08
Technologist II (5-10 years)	$ 776.00	$ 791.52	$ 823.18	$ 856.11
Technologist III (10+ years)	$ 824.32	$ 840.81	$ 874.44	$ 909.42
Technologist IV (20+ years)	$ 868.39	$ 885.76	$ 921.19	$ 958.04
Gastroenerology Tech.	$ 619.57	$ 631.96	$ 657.24	$ 683.52
Cytotechnologist	$ 647.84	$ 660.80	$ 687.23	$ 714.72
EKG Technician	$ 531.08	$ 541.70	$ 563.37	$ 585.90
EEG Technician	$ 584.38	$ 596.07	$ 619.91	$ 644.71
EMG Technician	$ 593.21	$ 605.07	$ 629.27	$ 654.45
Hemodialysis Tech.	$ 603.22	$ 615.28	$ 639.90	$ 665.49
Cardiopulmonary Tech.	$ 619.57	$ 631.96	$ 657.24	$ 683.52
Nuclear Med and X-Ray Tech (0-2 years)	$ 747.56	$ 762.51	$ 793.02	$ 824.74
Nuclear Med and X-Ray Tech (2-5 years)	$ 819.77	$ 836.16	$ 869.61	$ 904.39
X-Ray Tech (5+ years)	$ 842.46	$ 859.31	$ 893.68	$ 929.43
X-Ray Tech (10+ years)	$ 885.83	$ 903.55	$ 939.69	$ 977.28
Nuclear Med.Tech (5+ years)	$ 881.44³	$ 899.07	$ 935.03	$ 972.44
Nuclear Med.Tech (10+ years)	$ 930.96	$ 949.58	$ 987.56	$1,027.07
Ultrasound Tech (0-2 years)	$ 806.99⁴	$ 823.12	$ 856.05	$ 890.29
Ultrasound Tech (2-5 years)	$ 871.54	$ 888.97	$ 924.53	$ 961.51
Ultrasound Tech (5+ years)	$ 911.15	$ 929.38	$ 966.55	$1,005.21
Ultrasound Tech (10+ years)	$ 950.77	$ 969.78	$1,008.58	$1,048.92
Darkroom Assistant	$ 496.73	$ 506.66	$ 526.93	$ 548.01
*Spec Procedure Tech.	$1,030.00⁵	$1,050.60	$1,092.62	$1,136.33
Lead Technologist	$ 961.04	$ 980.26	$1,019.47	$1,060.25
Radiation Therapy Tech.	$ 978.38	$ 997.94	$1,037.86	$1,079.38
Photographer	$ 618.90	$ 631.27	$ 656.52	$ 682.79
Medical Artist	$ 570.64	$ 582.05	$ 605.34	$ 629.55
Equip. Coordinator I	$ 496.73	$ 506.66	$ 526.93	$ 548.01
Equip. Coordinator II	$ 502.83	$ 512.88	$ 533.40	$ 554.73
Orthopedic Technician	$ 622.11	$ 634.55	$ 659.93	$ 686.33
*Ophthalmic Technician	$ 717.83	$ 732.18	$ 761.47	$ 791.93
Prog Evaluation Technician	$ 566.85	$ 578.19	$ 601.31	$ 625.37
Lead technologist (Path.)	$ 961.04	$ 980.26	$1,019.47	$1,060.25
Lab Accession Coordinator	$ 878.08	$ 895.64	$ 931.46	$ 968.72
Patient Function Evaluator	$ 602.61	$ 614.66	$ 639.25	$ 664.82
Pulmonary Function Coord.	$ 496.73	$ 506.66	$ 526.93	$ 548.01
Rehab. Aide Trainee	$ 496.73	$ 506.66	$ 526.93	$ 548.01
Occupational Therapy Asst.	$ 668.68	$ 682.05	$ 709.33	$ 737.70
Audiometrist	$ 525.43	$ 535.94	$ 557.38	$ 579.68
Oral Surgery Technician	$ 523.60	$ 534.07	$ 555.44	$ 577.65
Echo-Cardiac Technician	$ 761.11	$ 776.33	$ 807.38	$ 839.68
Assistant Audiologist	$ 645.58	$ 658.50	$ 684.83	$ 712.23
*Audiologist	$ 748.51	$ 763.48	$ 794.02	$ 825.78
*Senior Audiologist	$ 837.05	$ 853.79	$ 887.94	$ 923.46
Speech Clinician	$ 645.58	$ 658.50	$ 684.83	$ 712.23
Speech Therapist	$ 699.86	$ 713.86	$ 742.42	$ 772.11
Senior Speech Therapist	$ 782.40	$ 798.05	$ 829.97	$ 863.17
Occupational Therapist	$ 935.69	$ 954.41	$ 992.58	$1,032.29
Staff Occupational Therapist	$ 989.90	$1,009.70	$1,050.09	$1,092.09
Senior Occupational Therapist	$1,055.13	$1,076.23	$1,119.28	$1,164.06

³ Upgraded rate effective June 1, 2002 pursuant to Memorandum of Agreement of March 25, 2002.
⁴ Upgraded rate effective June 1, 2002 pursuant to Memorandum of Agreement of March 25, 2002.
⁵ Upgraded rate effective June 1, 2002 pursuant to Memorandum of Agreement of March 25, 2002.

STIPULATION III

Mr. Dennis Rivera, President
1199 SEIU, New York’s
Health and Human Service Union
310 West 43^rd Street
New York, New York 10036

Dear Mr. Rivera:

This letter is delivered to you simultaneously with the execution of the collective bargaining agreement between our Hospital and 1199/SEIU.

Notwithstanding any other provision of that agreement, it is understood and agreed that and employee who, as of October 1, 1974, has been certified by the City of New York as a Clinical Technologist and is working as a Laboratory Technician shall, effective October 1, 1974, be classified as a laboratory Technologist I and paid at the minimum rate provided in that agreement for such job classification.

Except to the extent that the prior practice of our institution is to the contrary, there shall be no further automatic advancements from Technician to Technologist other that those set forth in the preceding paragraph of the letter agreement.

STIPULATION IV
Heat Days

Shortened workday schedules or heat days in lieu thereof for employees who have traditionally enjoyed shortened workday schedules or heat days in lieu thereof shall begin on July 1 and terminate on Labor Day. Employees who are entitled to receive heat days in lieu of shortened workdays shall receive three (3) such days.
Shortened workday schedules and heat days in lieu thereof shall be abolished for employees who work in air-conditioned facilities and for outdoor and field employees. However, outdoor and field employees who traditionally enjoyed such benefits and who are required to return to an office location before the end of the workday shall be entitled to the same summer schedules enjoyed by office employees at such location on such day.
No shortened workday schedules or heat days in lieu thereof shall be granted to any employee until the employee has completed one year of service.

STIPULATION V

MEMORANDUM OF AGREEMENT

Agreement between the League of Voluntary Hospitals and Homes of New York (the "League"), as agent on behalf of each of its member institutions whose names appear on Schedule A annexed hereto and made a part hereof (each of which is hereinafter designated as the "Employer"), and 1199 SEIU, New York’s Health & Human Service Union, AFL-CIO (the "Union"), acting on behalf of its members who are employed by said Employers.

WHEREAS, the League and the Union are committed to working together to maintain and improve the ability of the Employers to provide quality health care through joint labor-management efforts; to insure appropriate funding and resources for health care through joint legislative work; and to insure that there is affordable health care and access to health care for the residents of the State of New York through continuing to fund initiatives, and other joint ventures; and,

WHEREAS, the League and the Union recognize that labor strife will have a disruptive influence on their ability to engage in the foregoing efforts;

NOW, THEREFORE, the League and the Union agree that Article I and Article XXXII of the collective bargaining agreement between them shall be modified as set forth in the attachment hereto.

Dated: January _____, 2002
New York, New York

1199 SEIU, NEW YORK’S HEALTH &
HUMAN SERVICE UNION, AFL-CIO

By: _____________________________
Dennis Rivera, President

LEAGUE OF VOLUNTARY HOSPITALS
AND HOMES OF NEW YORK

By: ________________________________
Bruce McIver, President

Amend Article XXXII by adding the following as Paragraph 13:

Residual Job Classifications: The following shall apply during the term of this agreement:

Subject to the limitations set forth in subparagraph (f) below, where the Union seeks arbitration of a grievance asserting that a professional, service, maintenance, clerical or technical job classification at an Employer is improperly excluded from its existing represented unit at that Employer, the claim shall be submitted to an Arbitrator as set forth below.

The Presidents of the League and the Union (the "Presidents") shall jointly select a standing panel of not less that five (5) Arbitrators to hear disputes arising under this paragraph 13. Members of the panel shall serve for terms limited to two (2) years unless their terms are renewed by mutual agreement of the Presidents. Absent such agreement, or if a vacancy arises on the panel, the Presidents shall jointly select replacement and/or successor Arbitrator(s).

When a grievance described in subparagraph (a) above has not been resolved under the grievance procedure in Article XXXI, the Union and the Employer shall jointly select an Arbitrator from the panel. If the Employer and the Union cannot agree on the Arbitrator, they shall select the Arbitrator by alternately striking Arbitrators from the panel list. A coin toss will determine who strikes first from the list of Arbitrators. The Union and the Employer shall equally share the cost and expenses of the arbitration proceeding.

The Arbitrator shall determine if the job classification should be included in an existing unit applying NLRA law, including but not limited to a history of exclusion of the job classification at issue at the Employer, as well as relevant principles of contract law.

The Union and the Employer shall expedite the arbitration process by defining the relevant issues and agreeing to exchange available relevant information prior to the hearing.

This arbitration procedure shall not apply to:

guards;

any job classification that is excluded from coverage by this Agreement pursuant to Article I, paragraph 1 (b);

any professional job classification that is not within a profession already represented by the Union at the Employer;

any job classification that has been excluded from representation by an express written agreement between the Union and the Employer;

any job classification that is unrepresented as a result of a prior election at the Employer, or as a result of an express exclusion in a prior determination of the NLRB, the SLRB, or any other governmental body;

job classifications at locations or facilities where the Union does not already represent the bargaining unit to which such titles are alleged to belong; or

any current arbitration proceeding(s) between the Union and an Employer relating to one or more residual job classification(s).

The Arbitrator shall have no power to add to, subtract from, or modify in any way any of the terms of this paragraph 13. The Arbitrator's decision under this paragraph 13 shall be deemed final and binding by the parties to the, proceeding, and neither party shall resort to the National Labor Relations Board for review of the issues covered by the award. Neither party to the proceeding shall challenge such award on the ground that the arbitral forum was improper for resolving the Union's grievance, unless the arbitration is precluded by the terms of subparagraph (f) above.

Nothing in this paragraph 13 shall be deemed to modify or supersede any other provision of this Agreement, including, but not limited to, the provisions of paragraph 2 of Article I.

Amend Article I by adding the following as Paragraph 9:

Union Organizing Rights. Subject to the limitations set forth in subparagraph (e) below, the following shall apply when the Union seeks to organize (i) an unrepresented unit of employees of the Employer; (ii) a job classification of employees of the Employer excluded from the arbitration procedure in paragraph 13 of Article XXXII by operation of subparagraph (f)(iii)-(v) thereof, (iii) a job classification of employees of the Employer that an Arbitrator designated pursuant to paragraph 13 of Article XXXII has found to be properly excluded from a represented unit; or (iv) a job classification of employees of the Employer that is listed as excluded in Stipulation I between the Union and such Employer.

Notice. The Union shall serve written notice on the Employer when it commences organizing at the Employer. The notice shall identify the unit(s) or job classification(s) of the Employer's employees that the Union is seeking to represent

Rules of Conduct. The rules of conduct set forth in this subparagraph (b) shall apply as follows:

Duration and Applicability. These rules of conduct shall apply only with respect to the employees in the unit(s) or job classification(s) identified in the notice required by subparagraph (a) above; shall apply beginning on the date when the Union provides said notice; and shall continue only until the earliest of the following dates:

if the Union has not filed a petition for an election under subparagraphs (b)(iv) and (c) below, the date when the Union notifies the Employer that it is no longer seeking to represent the unit(s) or job classification(s) identified in said notice, or the date when the sixty-day period for filing such a petition elapses under subparagraph (b)(iv) below;

the date when the Union withdraws its petition for such an election; or

the date of such an election.

Joint Statement. Within seventy-two (72) hours after the Employer's receipt of the foregoing notice from the Union, the Employer shall post a statement jointly signed by the Union and the Employer, the substance of which shall be as set forth in Exhibit A attached hereto and made a part hereof, addressed to the employees in the identified unit(s) or classification(s).

Access. As soon as practicable, but no more than four (4) working days after the Employer receives the notice required by subparagraph (a) above, the Employer shall allow access to the employee cafeteria and a suitable meeting room to be agreed upon by the Union and the Employer, for Union officers, organizers and delegates to meet with employees in the identified unit(s) or classification(s).

The number of Union officers, organizers and delegates meeting in the employee cafeteria at any one time shall be limited to the extent necessary so as to not interfere with the operations of the Employer.

The aforesaid meeting room shall be available to the Union's officers, organizers and delegates at reasonable times; shall be located away from patient care areas; and, to the extent feasible, shall not be located near supervisory or management offices. Employees in the identified unit(s) or classification(s) shall be permitted access to the meeting room during their non-working time.

The Union's access under this subparagraph (b)(iii) shall be suspended when another labor organization affiliated with the AFL-CIO commences organizing employees in one or more of the unit(s) or classification(s) identified in the Union's notice under subparagraph (a) above. Such suspension shall remain in effect until the other labor organization ceases its organizing, with or without a determination under Article XXI of the AFL-CIO Constitution ("Organizing Responsibility Procedures") that the Union has the exclusive right to seek to represent the employees at issue. The Union's access shall terminate if it is determined that the other labor organization has such exclusive right. There shall be no suspension of access if the Employer encouraged or supported the other labor organization to seek representation of the employees at issue.

Nothing contained in this subparagraph (b)(iii) shall be deemed a waiver of any right of access for organizing purposes that may be available to the Union under the NLRA.

Petition for Election, Preclusion and Tolling. The Union shall file its petition for an election with the NLRB, with the showing of interest required by the NLRB, within sixty (60) days after serving the notice required by subparagraph (a) above.

If the Union does not file its petition within the specified time period, or if the Union files a petition and then withdraws it, the Union shall be precluded for a period of one year from seeking to represent any employees in the identified unit(s) or classification(s). The one-year period shall begin from the earliest of the following dates: if no petition has been filed, the date when the Union notifies the Employer that it is no longer seeking to represent the identified unit(s) or classification(s), or the date when the sixty-day filing period elapses; or the date when the Union withdraws a petition that it has filed within the sixty-day period.

The time period for the Union to file its petition with the NLRB under this subparagraph (b)(iv) shall be tolled if another labor organization affiliated with the AFL-CIO commences organizing employees in one or more of the unit(s) or classification(s) identified in the Union's notice under subparagraph (a) above, provided that the Union has initiated a proceeding under Article XXI of the AFL-CIO Constitution ("Organizing Responsibility Procedures") to determine whether the Union or the other labor organization has the exclusive right to organize the employees at issue. Such tolling shall be effective when the AFL-CIO takes jurisdiction over the dispute between the Union and the other labor organization, and shall continue until the AFL-CIO renders a determination in such an Article XXI proceeding awarding such exclusive right to the Union. If it is determined that the other labor organization has such exclusive right, then the provisions of this paragraph 9 shall no longer be applicable to the Union's organizing of employees identified in the Union's notice under subparagraph (a) above. There shall be no tolling if the Union encouraged or supported the other labor organization to seek representation of the employees at issue.

Employee Freedom of Choice. Employees have the right to choose whether or not to be represented by the Union in a secret ballot election, and to make that decision in an atmosphere free of harassment, coercion, intimidation, promises or threats by either the Employer or the Union.

No Disruption or Interference. All organizational activities subject to these provisions, including but not limited to the Union's activities in the employee cafeteria and in the meeting room pursuant to subparagraph (b)(iii) above, shall be carried out in a manner so as to not disrupt patient care or otherwise interfere with the operations of the Employer.

Speech Standard.

The Employer's campaign (oral and written) shall be factual, and shall not disparage either the motive or mission of the Union and the SEIU and/or their representatives (e.g., officers and organizers). The Employer shall not tell its employees to vote against representation by the Union. The Employer may convey its position fairly, may advise employees that each of them must make his/her own decision, and may provide employees with factual information to support an informed decision. Subject to the foregoing, the Employer retains the right to communicate its opinion to employees about unionization.

The Union's organizing campaign (oral and written) shall be factual, and shall not disparage either the motive or mission of the Employer and, where applicable, its sponsor or parent organization, and/or their representatives (e.g., officers, managers and supervisors). The Union may convey its position fairly, and may provide employees with factual information to support an informed decision. Subject to the foregoing, the Union retains the right to communicate its opinion to employees about unionization.

Campaign Materials. Neither the Union nor the Employer shall publish, distribute or disseminate any campaign flyers, leaflets, letters, memoranda, notices, other written materials, or any audio, video or electronic media (e.g., messages for publication via the internet or on the Union's or the Employer's website) relating to the campaign without the prior approval of the other's special representative designated for resolving disputes pursuant to subparagraph (d) below. The Arbitrator's authority with respect to any dispute concerning a proposed communication shall be limited to determining whether and how the content of the proposed communication is inconsistent with these rules of conduct, and prohibiting its issuance to the extent that it is inconsistent.

Mandatory Employer Meetings and Union Contacts with Employees.

The Employer shall not hold any mandatory one-on-one or group meetings with employees, a subject of which is representation by the Union. The Employer shall not initiate one-on-one conversations with employees on the subject of representation by the Union. This shall not prohibit the Employer from responding to questions concerning unionization raised by employees at a mandatory meeting called for other purposes.

The Union's representatives (e.g., officers, organizers and delegates) shall not discourage employees from attending voluntary group meetings called by the Employer to discuss unionization, or otherwise interfere with the Employer's right to hold such meetings. The Union's representatives shall respect the request of any employee who does not wish to engage in a discussion or accept literature.

Correction of Inaccuracies. Nothing contained in this Agreement shall be construed as limiting either the Union's or the Employer's right to correct any inaccurate statements made by the other during the period covered by these rules of conduct, provided that the corrections are made in a manner consistent with the speech standard in subparagraph (b)(vii) above.

Use of Consultants and Other Third Parties. Neither the Union nor an Employer shall use consultants or other representatives or surrogates to engage in activities inconsistent with these rules of conduct.

Employee Groups. The Employer shall not sponsor or encourage any group of employees who advocate a vote against union representation.

Election Procedure. Elections pursuant to this paragraph 9 shall be conducted by secret ballot supervised by the National Labor Relations Board, and be governed by the Board's Rules and Regulations, Series 8, as amended, and the procedures outlined below:

Any election petition filed by the Union with the NLRB shall be for a collective bargaining unit that conforms to the Board's rule on "Appropriate Units in the Health Care Industry," 29 C.F.R. § 103.30 (other than a unit of registered nurses, physicians, or guards), unless the NLRB finds a non-conforming unit to be appropriate under 29 C.F.R. § 103.30(b) or (c). However, the Union may petition for an election among employees in a job classification that is residual to an existing unit and for whom the Union does not have the right to seek representation pursuant to paragraph 13 of Article XXXII. If a majority of the ballots cast by employees in the residual job classification is cast for representation by the Union, it is understood that said job classification shall be added to the existing bargaining unit to which it is residual.

When the Union petitions to represent employees in a job classification that is residual to an existing bargaining unit, and there are no issues of voter eligibility (i.e., questions of supervisory, managerial or confidential employee status), then the Union and Employer shall enter into a consent election agreement (under 29 C.F.R. § 102.62(a)) providing for an election within 42 days after. the filing of the petition, and at a time and place to be determined by the parties and approved by the Regional Director, whose determination(s) on any pre- or post-election issue(s) shall be final.

When the Union petitions to represent a unit of employees that conforms to one of the specific bargaining units enumerated in 29 C.F.R § 103.30, and there are no issues of voter eligibility, nor any issues of unit composition (i.e., job classification) affecting 10% or more of the employees in the petitioned-for unit, then the Union and Employer shall enter into a stipulated election agreement (under 29 C.F.R. § 102.62(b)) providing for an election within 42 days after the filing of the petition, and at a time and place to be determined by the parties and approved by the Regional Director. Employees in any disputed job classification shall vote in said election subject to challenge, with ultimate disposition of the issue deferred until after the election, provided that they do not meet or exceed the 10% limitation referred to above. Unit composition issues decided by the Regional Director shall not be subject to review by the Board unless both parties agree, except where they involve determinative challenged ballots. The foregoing shall not affect a party's right to request review on any other issue decided by the Regional Director.

When issues exist as to the scope of the appropriate bargaining unit and/or voter eligibility arid/or as to unit composition affecting 10% or more of the employees in the petitioned-for unit, then all such issues shall be decided by the Regional Director/Board on the basis of a record made at a hearing held prior to the conduct of any election. The Employer and Union agree to exercise best efforts to avoid such issues in the interest of expediting the resolution of questions concerning representation under this procedure and nothing herein shall preclude the Employer and Union from stipulating to an election in a non-conforming unit. In the event that a pre-election hearing is necessary to resolve unit or other issues raised by the Employer, the Employer will provide the Union with an alphabetical list of the names and last known addresses of the employees in the petitioned-for unit at the commencement of the hearing.

Enforcement/Arbitrator.

As soon as practicable after service of the notice required by subparagraph (a) above, the Union and the Employer shall (A) each designate a special representative responsible for compliance and dispute resolution with respect to the rules of conduct set forth in subparagraph (b) above; and (B) select an Arbitrator from the panel established pursuant to Article XXXII, paragraph 13(a) of this Agreement, who shall be authorized to resolve disputes in accordance with this subparagraph (d). If the Employer alleges that the Union failed to comply with the notice requirements of subparagraph (a) above, then an Arbitrator shall be selected at the time that such claim is asserted. The Union and the Employer shall equally share the costs and expenses of the Arbitrator.

Within twenty-four (24) hours after the special representatives of the Union and the Employer have been designated, they shall hold an initial conference among themselves to discuss the provisions of this paragraph 9 and begin identifying and seeking to resolve issues relating to their application (e.g., designation of a suitable meeting room under subparagraph (b)(iii) above).

If the Union and the Employer deem it necessary, after the foregoing meeting of the special representatives, the Arbitrator shall hold an initial conference with them to discuss the provisions of this paragraph 9.

Except as set forth in this subparagraph (d), the Arbitrator shall have sole authority to hear any case and award an appropriate remedy concerning any dispute between the Union and the Employer relating to the interpretation or application of the rules of conduct set forth in subparagraph (b) above; any claim that either party breached said rules of conduct, and/or any claim that the Union failed to comply with the notice requirements of subparagraph (a) above. In addition:

In cases where the Employer allegedly has discharged, disciplined or retaliated against an employee, the Arbitrator shall only have the authority to determine whether the Employer acted in reprisal for the employee's protected concerted activity in violation of the NLRA and, if the claim is found to have merit, to award a remedy available under the NLRA.

In cases where it is alleged that either the Union or the Employer has violated the rules of conduct set forth in subparagraph (b) above to such an extent that the violation(s) affected the outcome of the election, and the Arbitrator so finds, then the party violating the rules of conduct shall join in a stipulation setting aside the results of the election and providing for a re-run election by the NLRB, provided that the objecting party has filed timely objections with the NLRB. However, if the Arbitrator does not find that the alleged violation(s) of the rules of conduct affected the outcome of the election, then the objecting party shall withdraw its objections filed with the NLRB.

In no event shall the Arbitrator have authority to compel recognition of the Union or issue a bargaining order.

The Arbitrator shall have no power to add to, subtract from, or modify in any way any of the terms of this paragraph 9.

Disputes between the Union and the Employer shall first be addressed by their special representatives. If the special representatives are unable to resolve the dispute, then they shall submit the issue to the Arbitrator within twenty-four (24) hours after the dispute first arose. The Arbitrator shall issue a determination within the next seventy-two (72) hours in any disagreement arising during the first thirty (30) days following service of the Union's notice pursuant to subparagraph (a) above. Thereafter, the Arbitrator shall issue a determination within twenty-four (24) hours. If necessary to meet these time limitations, the Arbitrator may direct the parties to submit their evidence and any position statements by facsimile, and may hear testimony via telephone.

The foregoing time limitations shall not apply in cases described in subparagraph (d)(iv)(A) and (B) above.

The Arbitrator's decision shall be deemed final and binding by the parties to the proceeding. Should the Union or the Employer decide to challenge the Arbitrator's decision in court, both shall comply with the decision unless and until a court issues an order staying or vacating the decision.

Limitations. The provisions of subparagraphs (a) through (d) above shall not apply:

with respect to a specifically identified unit or classification listed, as excluded in Article I, paragraph 1 (b) of this Agreement;

with respect to any unit that would be inappropriate for collective bargaining or representation by the Union under the NLRA;

to the Employer in its conduct toward any labor organization other than the Union;

to the Employer in its conduct toward the Union and any labor organization not affiliated with the AFL-CIO when both have commenced organizing any employees of the Employer in one or more unit(s) or classification(s), in which event said provisions also shall not apply to the Union;

to the Employer in its conduct toward the Union and any labor organization affiliated with the AFL-CIO when both have commenced organizing employees of the Employer in one or more unit(s) or classification(s), and:

a determination is made under Article XXI of the AFL-CIO Constitution that neither the Union nor the other labor organization has exclusive organizing rights with respect to the employees at issue; or

the Union is determined to have exclusive organizing rights under Article XXI of the AFL-CIO Constitution with respect to the employees at issue, but the other labor organization continues to organize such employees; or

the other labor organization is determined to have exclusive organizing rights under Article XXI of the AFL-CIO Constitution with respect to the employees at issue.

at Employer locations or facilities where the Union does not already represent employees; or

following the end of the term of this Agreement, unless such provisions are extended by mutual agreement of the League and the Union.

No Change to Other Provisions. Except as specifically provided otherwise, nothing contained in this paragraph 9 shall be deemed to modify or supersede any other provision of this Agreement.

Subsequent Agreements. Nothing in this paragraph 9 shall preclude an Employer from agreeing with the Union to an alternate method, for determining whether a majority of the Employer's employees wish to be represented by the Union.

DRAFT
EXHIBIT A

To [Unit or Classification] Employees of [Employer]:

1199 SEIU is seeking to represent you [if applicable, insert location] for purposes of collective bargaining. [Employer] and 1199 have jointly prepared this letter and the accompanying information sheet in the shared belief that you should understand the nature of the relationship between [Employer] and 1199, your rights under the circumstances and the process that will be followed as the Union seeks to gain your support.

[Employer] is a member of the League of Voluntary Hospitals and Homes of New York, which, together with its members, is committed to working with 1199 to maintain and improve the ability of hospitals to provide quality health care through joint labor-management efforts; to insure appropriate funding and resources for health care through joint legislative work; and to insure that there is affordable health care and access. to health care for the residents of the State of New York through continuing to fund initiatives, and other joint ventures.

The League and its members, including [Employer], also recognize that labor strife has a disruptive effect on these joint efforts. Accordingly, [Employer] and 1199 have agreed to the additional procedures and rules of conduct described in the accompanying information sheet in order to help you make an informed decision on this important issue in an atmosphere that supports your freedom of choice.

[Employer] will not tell you to vote against representation by the Union, and believes that each of you must make your own decision based upon factual information that supports an informed decision.

We encourage you to read the attached information sheet as it contains important information about your rights.

Sincerely yours,	Sincerely yours,
[NAME & TITLE]	Dennis Rivera, President
[EMPLOYER]	1199 SEIU, New York's Health & Human Service Union, AFL-CIO

INFORMATION SHEET

Under federal law, whether the [Unit or Classification] employees shall be represented by 1199 will be determined by a secret-ballot election conducted by the National Labor Relations Board ("NLRB"), an agency of the U.S. government. Before the NLRB will conduct an election, 1199 must demonstrate that at least 30% of the employees in [Unit or Classification] desire union representation.

1199 is or will be asking employees to sign authorization cards as a way to demonstrate such support, and the NLRB will not conduct an election unless the union has a sufficient number of signed cards. Prior to the election, the NLRB will determine which employees are eligible to vote; however, the majority of those who actually vote will determine the result of the election. In other words, 50% + 1 of the employees who actually cast ballots will determine whether or not 1199 shall represent all of the employees in [Unit or Classification].

Each employee has the right to participate or refrain from participating in union activities, including the right to sign or not to sign union authorization cards. [Employer] and 1199 support the freedom of workers to join a union, as well as their right to choose not to do so. [Employer] and 1199 agree that, when employees are making such an important decision, it is essential that they have access to accurate and factual information about the organization that is seeking to represent them, and about what it means to be represented by a union.

Employees have the right to distribute literature concerning support for or against union representation on non-working time, in non-patient care areas such as break rooms, cafeteria, parking lots, smoking areas and other places outside the hospital. Employees may talk about whether or not they want to be represented by a union and workplace issues including wage rates, disciplinary system, employer policies and rules and working conditions in any area under the same terms applicable to any other private conversation between employees.

In addition to the above, [Employer] and 1199 have agreed to the following rules of conduct governing the union's organizing:

[Insert terms from Agreement and side letter]

By: ____________________________
Bruce McIver, President

January 11, 2002

Dennis Rivera, President.
1199 SEIU, New York's Health & Human
Service Union, AFL-CIO
310 West 43rd Street
New York, New York 10036

Dear Dennis:

This letter is delivered simultaneously with the execution of the collective bargaining agreement between 1199 and the League ("CBA"), commencing November 1, 2001, and has the same force and effect as if set forth in the CBA.

This confirms that the new paragraph 9 of Article I and the new paragraph 13 of Article XXXII of the CBA supersede the existing agreement between the Union and Beth Israel Medical Center concerning the same subject matter as those paragraphs.

Very truly yours,

League of Voluntary Hospitals
and Homes of New York

By: ________________________
Bruce McIver, President

AGREED:

1199 New York's Health & Human
Service Union, SEIU, AFL-CIO

By: _________________________
Dennis Rivera, President

January 11, 2002

Mr. Bruce McIver, President
League of Voluntary Hospitals and Homes of New York
555 West 57th Street, Suite 1530
New York, New York 10019

Dear Bruce:

This letter is delivered simultaneously with the execution of the collective bargaining agreement between 1199 and the League ("CBA"), commencing November 1, 2001, and has the same force and effect as if set forth in the CBA.

This confirms that, in agreeing to the terms of the new paragraph 9 of Article I and the new paragraph 13 of Article XXXII of the CBA, the parties relied on their own independent understanding of the meaning of those terms. Accordingly, in interpreting and applying said paragraphs 9 and 13, neither of the parties nor any Employer shall cite or otherwise rely upon:

any other collectively bargained agreement on the same subject matter, including but not limited to the agreement between Catholic Healthcare West and the SEIU, or any arbitral opinion and award (including but not limited to the Decision and Award of Gerald R. McKay dated June 8, 2001) or court or administrative decision interpreting or applying same; or

any of the proposals and counter-proposals, and any statements and positions concerning same, by the League and the Union in the course of negotiations with respect to said paragraphs 9 and 13.

In addition, no evidence with respect to the matters described in either (a) or (b) above shall be offered or received in any arbitration or other action or proceeding arising out of a dispute concerning the interpretation or application of said paragraphs 9 and 13. The arbitrator or other trier of fact in such an action or proceeding shall not consider, cite or otherwise rely upon such evidence.

The League and 1199 further agree that this letter shall be confidential and shall not be released except to members of the League and to other entities having collective bargaining agreements with 1199 that contain the same or substantially similar terms as those set forth in said paragraphs 9 and 13. The Union, the League and its members, and the aforesaid entities may use this letter in any circumstance to demonstrate that the terms of this letter are being violated.

Very truly yours,
1199 SEIU, New York’s Health
& Human Service Union,
SEIU, AFL-CIO

By: _________________________
Dennis Rivera, President

AGREED:
League of Voluntary Hospitals
and Homes of New York

By: _________________________
Bruce McIver, President

STIPULATION VI
BENEFIT FUND CHANGES

Mandatory Mail Order for Maintenance Prescription Drugs

This program requires active & retired members who use certain prescription drugs on a regular & long term basis to have those prescriptions filled, by mail, through the NBF pharmacy benefit manager, Advance PCS, Inc. This program will relieve some members of the need to constantly reorder the drug and to travel unnecessarily. It will help the NBF save resources by purchasing in bulk.

Full Formulary Program

The mandatory full formulary program will be administered through the NBF by its Pharmacy Benefit Manager Advance PCS, Inc. Among the programs are the following:

Preferred Class. This program works like the NBF’s mandatory generic program. If a member chooses a preferred drug, they will have no out-of-pocket expense. If they choose a non-preferred drug, they must pay the difference in cost.

Class Closure. The Cox 2 class of drugs includes two drugs: Vioxx and Celebrex which most doctors consider equally effective. The NBF will cover only Vioxx. Again, if a member fills a prescription with Celebrex, the pharmacy will contact the doctor to change the prescription to Vioxx. If the member chooses Celebrex, the member is responsible for the full cost of the prescription.

Class Elimination. The NBF is no longer providing drug benefits in the non-sedating anti-histamine class. This includes Claritin, Allegra, and Zyrtec. Members have available effective over-the-counter drugs, e.g. chlortrimetron.

Drug Elimination. Migraine medications which are in excess of FDA guidelines for strength, quantity and duration are eliminated.

In the above programs, the first concern of the NBF is the members’ health and welfare. The three programs have been carefully designed to maximize this result. The intervention of a doctor may allow very limited exceptions.

Mandatory Medicare Risk HMO

A mandatory Medicare risk HMO for retirees (currently those in the Health First coverage area of Greater New York). The program will provide full hospital medical, drug, eyeglasses and a limited dental benefit. The effective date is April 1, 2002. The program will allow for hardship exemption. It is estimated that in the first year, twenty five percent of the retirees in the coverage area will remain with their current coverage.

The League and the Union will use their best efforts to add additional networks.

It is the intention of 1199 and the LVHH to maintain and improve the NBF’s programs. These and other adjustments are needed to preserve the resources of the NBF to provide its comprehensive health coverage in the face of rising health care costs. The estimated savings from these three and other initiatives are approximately $20 million in fiscal year 2003; $24 million in fiscal year 2004; and $28 million in fiscal year 2005.

	Weekly Amount of SUB (While NYS Unemployment payments are being received)	Weekly Amount of SUB (After NYS Unemployment Ins. payments cease).
Average weekly pay less than $600	$100	$325
$600 but less than $750	$125	$350
$750 or more	$150	$375

Notifier	Notifyee	Time Allowed	Substance
(A) JSF	All Employers	3 working days from receipt of layoff notice from an Employer	All laid off Employees and their job classifications¹

(B) Employers	JSF	1 working day following (A) or availability of vacancy²	All vacancies in job classification and previously grouped other jobs available to JSF placements

(C) JSF	Layoffees	2 working days following (B)	Make contact counsel

(D) Layoffees	JSF	2 working days following (C)	Employee must make job selection³

(E) JSF	Specific selected Employer	1 working day from (B)	Notify Employer of available referral; an interview shall be conducted within the following 2 working days
(F) Employer	JSF	1 working day from completion of (E)	Selection/ rejection of referral⁴

(G) JSF	All Employers	1 working day from (F)	Of Placement of JSF referrals

(H) Specific Employer	JSF Union	1 working day following event	Termination during probation

(I) JSF	All Employers	1 working day following (H)	Follow steps in A-G above, unless termination was for cause other than ability to perform.

Completion of calendar days of employment from hiring date	Vacation Allowance

One Year	20 working days (4 weeks)
Nine Months	15 working days (3 weeks)
Six Months	10 working days (2 weeks)
Three Months	5 working days (1 week)

Completed years of service as of June 30^th	Monthly accrued Rate	Vacation Allowance
Seven Years	2 days plus one additional day at end of the leave year	25 working days (five weeks)
Fourteen Years	2-1/4 days	27 working days (five weeks two days)

*Employee’s Weekly Pay*	Percent of Weekly Pay
$322 to $349	30%
$350 to $374	36%
$375 to $399	40%
$400 to $424	44%
$425 to $449	47%
$450 to $474	46%
$475 to $499	48%
$500 to $524	51%
$525 to $549	53%
$550 to $574	55%
$575 to $599	57%
$600 to $624	53%
$625 to $649	55%
$650 to $674	57%
$675 to $699	59%
$700 to $724	60%
$725 to $749	61%
$750 to $774	59%
$775 to $799	60%
$800 to $824	61%
$825 to $849	62%
$850 to $874	64%
$875 to $899	65%
$900 to $924	62%
$925 to $949	63%
$950 to $974	64%
$975 to $999	65%
$1,000 to $1,024	66%
$1,025 to $1,049	67%
$1,050 to $1,074	64%
$1,075 to $1,099	65%
$1,100 to $1,124	66%
1,125 to 1,149	67%
$1,150 to $1,174	67%
$1,175 to $1,199	68%
$1,200 to $1,224	68%
$1,225 to $1,249	69%
$1,250 to $1,274	69%
$1,275 to $1,299	70%
$1,300 to $1,324	70%
$1,325 to $1,349	71%
$1,350 to $1,374	71%
$1,375 to $1,399	72%
$1,400 to $1,424	73%
$1,425 to $1,449	73%
$1,450 to $1,474	73%
$1,475 to $1,499	74%
$1,500 to $1,524	74%
$1,525 to $1,549	75%
$1,550 to $1,574	75%
$1,575 to $1,599	76%
$1,600 to $1,624	76%
$1,625 to $1,649	76%
$1,650 to $1,674	77%

Total Time Lost	Lump Sum Payment
7 days	1 day
6 days	2 days
5 days	3 days
4 days	4 days
3, 2 or 1 day	5 days