TABLE OF CONTENTS

Agreement

Article I

Section 1. Recognition of Bargaining Unit
     Guiding Principles
Section 2. Nursing Care
Section 3. Dues Checkoff
Section 4. No Discrimination
Section 5. Copy of Contract
Section 6. Registered Nurse List
Section 7. Definitions

Article II

Section 1. Probationary Period
     A. Newly Hired RN and RNA
     B. RN Rehired Within One Year
     C. Currently Employed
     D. Other Probationary Provisions
Section 2. Employee Status
     A. Definitions
     B. Changes in Registered Nurse Status

Article III

Section 1. Salary Scale
Section 2. Longevity
Section 3. Shift Differential
Section 4. On-Call
Section 5. Rate After Return To Staff Nurse Classification
Section 6. Relief In Higher Classification
Section 7. Weekend Differential
Section 8. Off Shift Rotations
Section 9. Holiday Differential

Article IV

Section 1. Hours of Work
     A. Work Shifts
     B. Twelve Hour Shifts
     C. Weekend Work
     D. Scheduling of Hours to be Worked
     E. Flex Time
     F. Requests for Time Changes and Special Days Off
     G. Floating
     H. Not-Needed Time/Not-Needed - On Call
Section 2. Overtime
Section 3. Mandatory Overtime
Section 4. Sleep-In Policy

Article V

Section 1. Seniority
Section 2. Filling Vacancies
Section 3. Loss of Seniority
Section 4. Reduction in Force
Section 5. Union Representatives
Section 6. In-house Communications
Section 7. Use of the Building
Section 8. Jury Duty
Section 9. Hearing and Meeting Time

Article VI

Section 1. Orientation of Registered Nurse
Section 2. Professional Support and Professional Practice Development
Section 3. Leave to Attend Education Programs
Section 4. Notice of Resignation
Section 5. Life Insurance
Section 6. Retirement Plan
Section 7. Liability Insurance
Section 8. Pre-placement Physical Assessment
Section 9. Workers' Compensation and Safety
Section 10. Tuition Reimbursement
Section 11. Bereavement Days
Section 12. Impaired Nurse

Article VII - Management Rights

Article VIII

Section 1. Grievance Procedure
Section 1. A. Sexual Harassment
Section 2. Arbitration
Section 3. Personnel Files

Article IX - No Strike, No Lock Outs

Article X

Section 1. Earned Time
     A. Eligibility
     B. Pay Rate
     C. Accrual
     D. Use of Earned Time for Scheduled Absences
     E. Use of Earned Time for Unscheduled Absences
     F. Sick Time
     G. Cash or Sick Time Options for Earned Time
     H. General Earned Time Information
     I. Termination
Section 2. Long Term Disability

Article XI - Health and Dental Insurance

Article XII - Leave of Absence

     1. Education: Eligibility - One (1) Year of Continuous Employment
     2. Medical: Eligibility - Three (3) Months of Employment
     3. Military: No Length of Service Requirement
     4. Personal: Eligibility - One (1) Year Continuous Employment
     5. Critical Illness or Death in the Immediate Family: Eligibility - One (1) Year of Continuous Employment
     6. Newborn Infant Care: One (1) Year of Continuous Employment
     7. Excused Time Off
     8. Legislative Leave
     9. Family and Medical Leave Act (FMLA)

Article XIII

Section 1. Pharmacy Discount
Section 2. In-Patient and Out-Patient Discounts
Section 3. Military Summer Training
Section 4. Meals and Rest Periods

Article XIV

Section 1. Joint Committee

Article XV - Union Rights

Section 1.
Section 2.

Article XVI

Section 1. Governmental Regulations
Section 2. Separability

Article XVII

Section 1. Scope of Agreement
Section 2. Term of Agreement

Memorandum of Understanding

Performance Review
Ambulance Run
Retirement Plan
Collaborative Relationship Between Union/Hospital
Authorization for Dues Checkoff

Agreement

Agreement made and entered into on the first day of October 1, 2001 by and between the Brattleboro Memorial Hospital (hereinafter referred to as the Hospital) and the Brattleboro Federation of Nurses, Local 5064, Federation of Nurses and Health Professionals, American Federation of Teachers, AFL-CIO (hereinafter referred to as the Union). It is agreed between the parties that the Hospital has the obligation of serving the public with quality and efficient medical and professional nursing care and in meeting emergencies. This agreement shall set forth wages, hours and working conditions for all bargaining unit employees with the objective of meeting the above obligation.

The parties agree that the registered nurse employees have as their primary function and responsibility the delivery of quality nursing care to the patients in their charge.

Article I

Section 1. Recognition of Bargaining Unit

The Hospital recognizes the Union as the exclusive bargaining representative of all practicing registered nurses at Brattleboro Memorial Hospital, but excluding all supervisory and managerial employees, when functioning within those roles, as defined by the National Labor Relations Act.

Decisions on proposed additions or deletions of current bargaining unit positions will be made by Union officers and the Vice President of Patient Care Services using the following guiding principles which have been collaboratively developed.

Guiding Principles

When one of the parties raises a claim of whether or not a position should be included in the collective bargaining unit, the parties will meet and review the issue applying the following principles. Consideration will be given by the two parties to the Collective Bargaining Agreement and the specific criteria outlined in the NLRA.

In addition, mutuality of interest in duties, skills, qualifications, wages, and working conditions will be among the factors considered in determining whether a particular position constitutes an appropriate position within the bargaining unit. If the union and the employer are unable to agree on whether a position should be a part of the bargaining unit, either party reserves the right to submit to the NLRB the issue(s) for appropriate review and determination.

Section 2. Nursing Care

The parties recognize the necessity of quality nursing practice being unimpeded by non-nursing functions. The parties agree to continue in good faith to minimize non-nursing functions and continue during this contract to review methods for the efficient delivery of patient care. Disputes under this section shall be subject to grievance procedures but not arbitration under Article VIII.

Section 3. Dues Checkoff

A. The Hospital agrees to deduct Union membership dues or monies equivalent to on a bi-weekly basis from the salary of registered nurses who voluntarily authorize such deduction by signing and having on file with the Hospital Personnel Department a dues checkoff authorization card.

This authorization can be revoked at any time by the termination of employment. Otherwise, the authorization may only be revoked if such revocation is in writing and submitted to the Hospital and to the bargaining unit treasurer between September 10 and September 20 of any given year. Such revocation shall become effective upon the first payroll period following the termination of employee or filing of the revocation.

The Hospital will remit by the tenth day of the following month all dues or equivalent amounts deducted during the month, along with a list of the amount deducted from each employee. Such remittance shall be to the bargaining unit treasurer.

The treasurer will be responsible for forwarding dues to the National Office of the FNHP for those members wishing to join the Union.

B. The Union shall indemnify and save the Hospital harmless against any and all claims, demands, suits or other forms of liabilities that shall arise out of or by reason of action taken or not taken by the

Hospital, for the purposes of complying with any of the provisions of this article, or in reliance on any authorization revocation, notice or assignment furnished under any of such provisions.

Section 4. No Discrimination

There shall be no discrimination in violation of applicable law by the Hospital against any nurse or applicant for position as a nurse on account of membership in and/or activity on behalf of the Union provided that any such Union activity shall not interfere with any nurse's regular work.

Neither the Hospital nor the Union shall discriminate in violation of applicable laws for or against any nurse or applicant for employment on account of race, sex, age, creed, family status or sexual orientation, national origin, religion or handicap as defined by the Americans with Disabilities Act.

Any reference in this agreement to the female gender shall apply equally to both male and female in all instances.

Section 5. Copy of Contract

The Hospital agrees to provide each current employee in the collective bargaining unit with a copy of the current collective bargaining agreement. The cost of providing contracts to bargaining unit members hired after the effective date of this agreement will be split equally by the Hospital and the Union. Dues checkoff form will be appended to contract.

Section 6. Registered Nurse List

As soon as practical following the execution of this Agreement and following October 1st of each year thereafter, the Hospital shall forward to the President of the Union an alphabetical list of registered nurses in the bargaining unit at the Hospital compiled from the Hospital's records, which list shall include names, addresses, and hire-in rate of pay. Changes to such list shall be forwarded to the Union monthly.

Section 7. Definitions

Senior Staff Representative: A management team which includes the Vice President of Patient Care Services (VPPCS), the Vice President of Professional Services, and the Executive Director of Quality Management Services.

Department Manager: The individual with twenty-four (24) hour managerial accountability for a department, area, or function.

Nursing Supervisor or

Clinical Coordinator A nurse with supervisory responsibility in a unit, department, or division.

Article II

Section 1. Probationary Period

A. Newly Hired RN and RNA

The first three (3) months of active employment shall be the probationary period for a newly hired registered nurse. In the case of a newly hired graduate nurse, the probationary period shall commence when s/he is certified as a registered nurse.

B. RN Rehired Within One Year

The first one (1) month of active employment shall be the probationary period for a registered nurse rehired within one (1) year to the same unit.

C. Currently Employed

The probationary period for an employee who is presently employed at Brattleboro Memorial Hospital but changes job status will be three (3) months. This probationary period shall not affect benefits to which the employee is otherwise entitled.

D. Other Probationary Provisions

At the option of the Department Manager the probationary period may be extended for another three (3) months. If the probationary period is extended, the Department Manager shall notify the Union chairperson and the employee.

During the first month of active employment, discharge will be at the sole discretion of the Department Manager without recourse by the Union or the nurse. Following the first month of active employment, discharge of a probationary employee shall be subject to just cause and the grievance procedure but not arbitration.

As soon as necessary, but in no case later than the conclusion of two (2) months, a probationary employee shall be notified in writing, by his/her Department Manager, of any deficiencies in his/her performance and offered assistance in correcting such deficiency.

Probationary employees may sign up for the health and life insurance plans described in this agreement. However, it is understood that the eligibility of probationary employees to actually begin participation in each of said plans is dependent on time requirements established by the relevant insurance company.

Upon successful completion of the probationary period, nurses shall be regarded as permanent (full-time, part-time or per diem) and accorded seniority status computed as of their last date of hire.

Section 2. Employee Status

A. Definitions

Permanent Full-Time Registered Nurses

Permanent full-time registered nurses are nurses who occupy a permanent position and work a standard forty (40) hour work week or 36 hours as defined in Article 4, Section B, are employed on a permanent basis, and accept policies relative to availability for shift, weekend, and holiday rotation as defined by Nursing Administration, except as otherwise defined by this agreement.

Permanent Part-Time Registered Nurses

Permanent part-time registered nurses are nurses who occupy a permanent position and work a standard work week of less than forty (40) scheduled hours, and are employed on a permanent basis, and accept policies relative to availability for shift, weekend, and holiday rotation as defined by Nursing Administration, except as otherwise defined by this Agreement. These employees shall receive no fringe benefits unless specifically provided for them by this agreement.

Per Diem Registered Nurses

Per diem registered nurses are nurses whose hours are not regularly or permanently scheduled. They may be called in according to the needs of the Hospital. These employees shall receive no fringe benefits unless specifically provided for them by this agreement. Per diem nurses shall be eligible for shift, weekend and holiday differentials. If there is an expectation that per diem nurses will be available for weekend work, such expectations will be made clear at time of hire. Further information on per diem nurses is found in the per diem policy developed by the Joint Committee.

Temporary Registered Nurses

Temporary registered nurses are nurses not in the bargaining unit who are hired on a temporary basis to fill specific temporary needs for a specific length of time. The Union chairperson shall be notified of all temporary registered nurses hired by the Hospital, the reason(s) the temporary registered nurse is hired, and the specific length of time for which the temporary nurse has been hired. In the event the length of time a temporary registered nurse is to be employed by the Hospital is to be extended, the Union chairperson shall be notified in advance of said extension and given the reasons for the extension and the length of extension.

If any employee hired as temporary nurse, without a break in service, becomes an RN covered by this collective bargaining agreement s/he shall be accorded seniority status computed as of his/her most recent day of hire as a temporary employee and s/he will be placed in the proper step in the wage scale consistent with Article 3, Section 1.

Except as noted below, the Hospital will require temporary employees to float and rotate on an equitable basis with bargaining unit nurses. An exception may be made if necessary to maintain minimum RN staffing or if to do so would work to the benefit of the RNs (for example by reducing the number of rotations required of bargaining unit nurses). When an exception is made the Department Manager shall promptly notify the Union and explain the reasons for making the exception.

B. Changes in Registered Nurse Status

Temporary or periodic increases or decreases in hours worked shall not affect the category in which the nurse is classified unless such change in hours is approved by the Nurse Manager to become the nurse's normal scheduled work week. Nurses who desire a permanent change in scheduled hours shall submit a written request to the Department Manager at least one (1) month previous to the requested date of change. The Department Manager may or may not be able to approve this request and will respond in writing within thirty (30) days.

The Hospital and RN may, by mutual agreement, and without utilizing the bidding procedure, temporarily change the status of an RN to satisfy staffing needs resulting from vacations, vacancies or the like. Eligibility for group health, dental, and long term disability insurances is not affected by a temporary status change.

Article III

Section 1. Salary Scale

As of the effective date of this contract, the pay scale for staff nurses shall be as indicated below. Seniority, for purposes of the pay scale, shall be the amount of time worked as a registered nurse from the last date of hire.

Per diems with two hundred eight (208) hours of annual service will be eligible for step increases.

Except as provided below, graduate nurses (RNA's) shall be hired in at Step 1, which would be the starting rate. Lack of license is considered just cause for termination.

Except as provided in Section 5 of this Article, a person with continuous employment within the Hospital but outside the bargaining unit who is hired as a graduate nurse (RNA) or as a registered nurse will be placed at the appropriate step of the salary scale closest to (but not below) the wage rate previously earned by that employee.

Hire-in: The Hospital, for purposes of determining an appropriate hire-in rate shall credit recent experience (within 8 years of date of hire), relevant to the unit for which an employee will be hired, as determined by the Department Manager, using acceptable professional standards as follows:

Relevant R.N. Experience Non-relevant R.N. Experience

Years Step Years Step

Less than 1 1 Less than 2 1

1 but Less than 2 2 2 but Less than 4 2

2 but Less than 3 3 4 but Less than 8 3

3 but Less than 4 4 8 or greater 4

4 but Less than 5 5

5 but Less than 6 6

6 but Less than 7 7

7 or greater 8

The starting rate for a nurse who has both relevant and non-relevant experience will be calculated by:

1. Determining what step s/he would be eligible for on the relevant scale, and then

2. adding one step for the non-relevant experience.

A nurse whose sole prior experience has been in office nursing shall be hired at Step 1.

A nurse whose sole prior experience has been in a nursing home shall be hired at Step 2, unless hired for a medical/surgical unit in which case s/he shall be hired pursuant to the relevant experience category as defined above.

A Graduate Nurse or RN with previous LPN experience, or an OR Tech applying for a position as an RN in the OR, will be placed as follows:

Less than 4 years LPN or OR Tech experience Step 1

Four years or more relevant LPN or OR Tech experience Step 2

When the Department Manager determines that an exceptional circumstance exists, s/he shall first discuss the issue with an officer of the Union. If no agreement is reached, the Hospital may offer a wage rate which is one step higher than otherwise provided for, which the Union may grieve. In no case will this be above Step 9 for relevant experience, or Step 5 for non-relevant experience.

The Hospital and the Union hereby agree that the recently negotiated and agreed upon "hire in language" shall only be applicable prospectively and shall not require any changes in the wage rate of existing registered nurses.

Rehire: Persons rehired within one (1) year for the same unit will start at the same step as when they left, provided they left with proper notice.

Salary Scales:

Effective the first Sunday of the first payroll period in October of each year, all eligible RNs shall be entitled to move to the next step. The next step increase will be effective in October of 2001 with the payroll period which begins the Hospital's fiscal year, and annually thereafter.

Agreement on Salary Scale effective 10/07/01:

Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10

$18.45 $18.90 $19.35 $19.80 $20.25 $20.70 $21.15 $21.60 $22.05 $22.50

Agreement on Salary Scale effective 9/22/02:

Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10

$19.00 $19.45 $19.90 $20.35 $20.80 $21.25 $21.70 $22.15 $22.60 $23.05

Agreement on Salary Scale effective 10/05/03:

Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10

$19.55 $20.00 $20.45 $20.90 $21.35 $21.80 $22.25 $22.70 $23.15 $23.60

Section 2. Longevity

Effective the first Sunday of the first payroll period in October of each year, employees on step ten with at least five years of service to the Hospital will receive a per hour non-cumulative longevity differential in accordance with the following schedule:

Years of Service 2001-02 2002-03 2003-04

5 to 9 $.45 $.45 $.45

10 to 14 $1.15 $1.55 $1.95

15 to 19 $1.85 $2.65 $3.45

20 to 24 $2.55 $3.75 $4.95

over 25 $3.25 $4.85 $6.45

B. Effective the first Sunday of the first payroll period in October of each year, employees who are on step 10 and who have completed 15, 20, 25, and 30 years of service to the Hospital, will receive annually the prorated equivalent of additional earned time as indicated in Table 1 below. This prorated equivalent is based on the employee's normally scheduled hours, as maintained in the personnel department.

Table 1. Annual maximum earned time service bonus.

Completed Years of Service Annual Maximum (days)

15 to 19 years 1 day

20 to 24 years 2 days

25 to 29 years 3 days

30 or more 4 days

Section 3. Shift Differential

A shift differential of one dollar and thirty five cents ($1.35) shall be paid to non-exempt registered nurses who are scheduled to work the evening shift, normally 3:10 PM to 11:40 PM.

A shift differential of three dollars and fifty cents ($3.50) per hour shall be paid to non-exempt registered nurses who are scheduled and work the night shift normally 11:20 PM to 7:20 AM.

If an employee works two (2) hours or more beyond the day shift (3:30 PM) or evening shift (11:40 PM) all time worked beyond the designated times shall include appropriate evening or night shift differential.

For those RN's working 12 hour shifts, differentials will be paid for those hours worked during the applicable differential period.

Section 4. On-Call

A. Non-exempt registered nurses in the Operating Room - Post Anesthesia Care Unit shall be paid at the rate of three dollars and twenty five cents ($3.25) per hour, when on-call. On 9/22/02 the on call rate will become three dollars and fifty cents ($3.50) per hour, when on call. Each time they are called back to the Hospital from on-call status, on-call pay stops and they shall be paid for all time worked, but in no event for less than two (2) hours for each call in at time and one half.

If a day shift employee in the operating room has been on-call, and in fact worked a total of four (4) hours while on-call, and at least two of those hours were between the hours of midnight and 6:00 AM, said employee may elect not to work the day shift immediately following the midnight to 6:00 AM shift. The employee shall not receive any pay for the time not worked. Nor shall the employee be disciplined for not working providing that, prior to leaving the Hospital after working hours between midnight and 6:00 AM, the employee told the Nursing Supervisor or Department Manager that s/he would not be reporting for the day shift.

B. It is understood that all nurses may be assigned not-needed time or placed on-call. It is further understood that an employee who otherwise would be assigned not-needed time or placed on-call, may, pursuant to the provisions of Article IV Section 1 H and the Not-Needed Time Distribution Policy, be entitled to displace another RN who had previously been assigned less not-needed time.

It is recognized that individuals so displaced may be put on-call.

a. An RN placed on call will be paid $3.25 per hour for all hours on call. On 9/22/02 the on call rate will become $3.50 per hour for all hours on call.

b. If s/he is called to return to work, on-call pay stops and the employee will be paid at a rate of one and one half times his/her normal rate for all hours worked provided, however, that his/her pay does not exceed what s/he would have earned on that shift (excluding the on-call pay).

c. At the request of the on-call RN, the on-call status may be changed to not-needed at the discretion of the supervisor.

d. An RN given mandatory not-needed on-call on Christmas or Thanksgiving holidays will be paid $100 per day ($12.50 per hour) on-call pay. If s/he is called to return to work, on-call pay stops and the employee will be paid at the applicable holiday rate for all hours worked.

When preparing the schedule, the Hospital will schedule on-call as equitably as possible. In distributing scheduled on-call the amount of on-call shifts assigned shall be in proportion to the nurses' scheduled hours, provided, however, that a nurse may volunteer for and be assigned more than his/her proportionate share of on-call.

Section 5. Rate After Return To Staff Nurse Classification

Any registered nurse who is demoted to a lower classification for any reason or who returns to the bargaining unit shall be placed in the step which accurately reflects his/her length of service with the Hospital from his/her last day of hire. For this purpose, time worked in the higher classification shall be counted as time worked.

Section 6. Relief In Higher Classification

A registered nurse when temporarily assigned to a Nursing Supervisor position or Department Manager position will receive a differential of one dollar seventy cents ($1.70) per hour. Registered nurses who have received appropriate training or accepted an assignment as Nursing Supervisor within the last six (6) months, must accept a temporary assignment to Nursing Supervisor. A registered nurse who has received prior training may be required to attend an updated training program during his/her regularly scheduled work hours to guarantee his/her continued availability.

Section 7. Weekend Differential

Weekend differential of two dollars ($2.00) per hour shall be paid to non-exempt registered nurses who are scheduled and work weekend hours beginning with the night shift Friday night and ending with and including the evening shift on Sunday. On September 22, 2002, this will increase to two dollars and twenty five cents ($2.25) per hour, and on October 5, 2003, the differential will become two dollars and fifty cents ($2.50) per hour.

For those RN's working 12 hour shifts, differentials will be paid for those hours worked during the applicable differential period.

Section 8. Off Shift Rotations

RN's who at the Hospital's request, change and work a shift other than their regularly scheduled shift twice or more within a payroll week shall be paid a $7.50 premium for each off-shift worked after the second change. It is expressly understood that returning to the regularly scheduled shift from an off-shift is not considered a change for purposes of this provision.

Section 9. Holiday Differential

Effective October 7, 2001:

A holiday differential of five dollars ($5.00) per hour shall be paid to non-exempt registered nurses who are scheduled and work on the holidays as designated in this contract. The holiday begins with the night shift preceding the holiday and ends with the conclusion of the evening shift on the holiday.

Time and one half (1 1/2) shall be paid to non-exempt Registered Nurses who are scheduled and work on the holiday beginning with Thanksgiving eve, 11:00 PM through 11:00 PM Thanksgiving Day. (Except, a holiday differential of ten dollars ($ 10.00) per hour shall be paid to Registered Nurses, in the Operating Room, Post Anesthesia Care Unit, who are called back to the Hospital from on-call, to work on the Thanksgiving holiday, as designated in this contract.)

Time and one half (1 1/2) shall be paid to non-exempt Registered Nurses who are scheduled and work on the holiday beginning with Christmas eve, 3:00 PM through 11:00 PM Christmas Day. (Except, a holiday differential of ten dollars ($10.00) per hour shall be paid to Registered Nurses, in the Operating Room, Post Anesthesia Care Unit, who are called back to the Hospital, from on-call, to work on the Christmas holiday, as designated in this contract.)

Time and one half (1 1/2) shall be paid to non-exempt Registered Nurses who are scheduled and work on the holiday beginning with New Year’s eve, 11:00 PM through 11:00 PM New Year’s Day. (Except, a holiday differential of ten dollars ($ 10.00) per hour shall be paid to Registered Nurses, in the Operating Room, Post Anesthesia Care Unit, who are called back to the Hospital from on-call, to work on the New Year’s holiday, as designated in this contract.)

Effective September 22, 2002:

Double time shall be paid to non-exempt Registered Nurses who are scheduled and work on the holiday beginning with Thanksgiving eve, 11:00 PM through 11:00 PM Thanksgiving Day. (Except, a holiday differential of ten dollars ($ 10.00) per hour shall be paid to Registered Nurses, in the Operating Room, Post Anesthesia Care Unit, who are called back to the Hospital from on-call, to work on the Thanksgiving holiday, as designated in this contract.)

Double time shall be paid to non-exempt Registered Nurses who are scheduled and work on the holiday beginning with Christmas eve, 3:00 PM through 11:00 PM Christmas Day. (Except, a holiday differential of ten dollars ($10.00) per hour shall be paid to Registered Nurses, in the Operating Room, Post Anesthesia Care Unit, who are called back to the Hospital, from on-call, to work on the Christmas holiday, as designated in this contract.)

Double time shall be paid to non-exempt Registered Nurses who are scheduled and work on the holiday beginning with New Year’s eve, 11:00 PM through 11:00 PM New Year’s Day. (Except, a holiday differential of ten dollars ($ 10.00) per hour shall be paid to Registered Nurses, in the Operating Room, Post Anesthesia Care Unit, who are called back to the Hospital from on-call, to work on the New Year’s holiday, as designated in this contract.)

Time and one half (1 1/2) shall be paid to non-exempt Registered Nurses who are scheduled and work on the holiday beginning with Memorial Day eve, 11:00 PM through 11:00 PM Memorial Day. (Except, a holiday differential of ten dollars ($ 10.00) per hour shall be paid to Registered Nurses, in the Operating Room, Post Anesthesia Care Unit, who are called back to the Hospital from on-call, to work on the Memorial Day holiday, as designated in this contract.)

Time and one half (1 1/2) shall be paid to non-exempt Registered Nurses who are scheduled and work on the holiday beginning with Fourth of July eve, 11:00 PM through 11:00 PM Fourth of July Day. (Except, a holiday differential ten dollars ($10.00) per hour shall be paid to Registered Nurses, in the Operating Room, Post Anesthesia Care Unit, who are called back to the Hospital, from on-call, to work on the Fourth of July holiday, as designated in this contract.)

Time and one half (1 1/2) shall be paid to non-exempt Registered Nurses who are scheduled and work on the holiday beginning with Labor Day eve, 11:00 PM through 11:00 PM Labor Day. (Except, a holiday differential of ten dollars ($ 10.00) per hour shall be paid to Registered Nurses, in the Operating Room, Post Anesthesia Care Unit, who are called back to the Hospital from on-call, to work on the Labor Day holiday, as designated in this contract.)

For those RN's working 12 hour shifts, differential will be paid for those hours worked during the applicable differential period.

Article IV

Section 1. Hours of Work

A. Work Shifts

The normal work shifts for registered nurses are day rotation, evening and night shifts. Day rotation requires that a registered nurse employed under these conditions may work any of the day hours as stipulated under day shifts as well as rotate onto the evening and night shifts as the needs of the Hospital dictate.

When preparing the schedule, the Hospital will schedule rotation onto the evening or night shift as equitably as possible. In distributing required scheduled rotations the parties agree that the number of evening or night shifts to which someone is assigned is in direct proportion to their scheduled hours.

In specialty units the Department Manager will, consistent with the goals outlined above, discuss the appropriate manner of distributing scheduled rotation with affected employees, and in good faith, attempt to arrive at and follow the consensus of the affected employees in the unit regarding the distribution of rotation providing that at no time will full staffing be jeopardized.

The normal hours for day shift may include but are not limited to 7:00 AM to 3:30 PM.

The normal hours for evening shift may include but are not limited to 3:10 PM to 11:40 PM.

The normal hours for the night shift may include but are not limited to 11:20 PM to 7:20 AM.

Normal 12 hour shifts may include but are not limited to 7:00 AM – 7:30 PM and 7:15 PM to 7:15 AM.

Any variations in shifts will be discussed by the affected employees and the Department Manager with the intent to find a mutually satisfactory solution. The ultimate decision shall be at the sole discretion of the Hospital. When the Hospital decides to change an employee's normal shift hours on a regular basis, it shall give the affected employee at least six (6) weeks written notice, except in cases of emergencies.

B. Twelve Hour Shifts

The Hospital shall determine the number and location of the 12-hour shifts to be made available and reserves the right to decide when said 12 hour shifts shall be discontinued.

A Registered Nurse shall be entitled to work 12 hour shifts at straight time. When the RN is scheduled to work three (3) twelve (12) hour shifts, 36 hours per week, the benefits will be determined as follows:

1. Benefits based on earnings such as pension, life insurance, social security will continue to be determined based on earnings.

2. Benefits based on hours scheduled, such as health and dental insurances shall be determined based on 40 hours per week rather than 36 hours per week.

The benefits of a Registered Nurse who is scheduled to work one (1) or two (2) twelve (12) hour shifts per week will be determined as provided for in Article II, Section 2.

Participation under this agreement will be voluntary. When an employee wishes to work a twelve hour shift, the Hospital and that employee will work together to identify another Registered Nurse willing to work the remaining 12-hour shift in the twenty-four (24) hour period. An employee who wishes to discontinue twelve (12) hour shifts shall work with other staff and the manager within the department to attempt to prevent, in so far as possible, the employee from losing any hours. In accepting twelve (12) hours shifts, however, the employee recognizes this maintenance of hours may not be immediately available.

If twelve (12) hours shifts are instituted as a new option in a department, the program will be considered as trial for three (3) months, after which the program will be evaluated by the staff and Department Manager.

The Hospital agrees to give a minimum of four (4) weeks written notice of its intent to eliminate any twelve (12) hour shifts.

If the program is discontinued, the employee in the department will be given priority in filling department hours.

C. Weekend Work

The Hospital will continue its present practice of endeavoring to grant every other weekend off. It is understood that registered nurses may be required to work two (2) out of three (3) weekends, or split weekends. Employees may be permitted to work other schedules based on job requirements. Insofar as possible, within each unit, weekend work will be distributed on an equitable basis.

The Hospital will not schedule RN's to work more than fifty (50) weekend days per calendar year, unless an RN requests or chooses to work more.

Sick days and emergency personal days taken on a scheduled work weekend shall not require the make-up of weekend time missed.

D. Scheduling of Hours to be Worked

Hours for all full and part-time registered nurses will be scheduled on a monthly or cyclical pattern to be posted fourteen (14) days prior to the beginning of that month's schedule. Any changes after the 12th day posted would be by mutual agreement of the nurse changed and the Department Manager.

Full time 8 hour shift RNs hired for day rotation will be given a paid Sleep Day after working prescheduled assignment to the night shift. This will provide an additional day off with pay so that these employees will have two (2) days off following night rotation.

All part-time or per diem employees will have two (2) unpaid days off after working night rotation unless forfeited at the discretion of the employee.

E. Flex Time

A voluntary option for compensating scheduled time is the use of flex time. Flex time is cooperative scheduling in which an employee may work in excess of or less than eight (8) hours, but no more than twelve (12) hours in a day, and waive overtime pay for any excess hours. Time may be exchanged with other staff or within the individual's schedule, within a pay period whenever possible, as approved by the Department Manager. This provision shall not apply to employees paid under the eight (8) and eighty (80) hour system for overtime. It is not intended to create a permanent change in hours or shift times. Nurses working twelve (12) hour shifts may work up to fourteen (14) hours per day under this provision.

F. Requests for Time Changes and Special Days Off

Requests for changes in work schedule or special days off must be submitted in writing twenty-eight (28) days prior to the date of the new schedule. Any requests received after this date will be arranged by the individual himself/herself with another individual on his/her unit with the approval of the Department Manager or Nursing Supervisor as appropriate. Exchanges of time must be made with an individual at the same classification and/or specialty level as the individual requesting the change.

G. Floating

All registered nurses including agency, traveling and per diem nurses, may be required to float as determined by the needs of the Hospital and Nursing Administration. Except in cases of emergency, RN's will not be floated to a charge position.

When necessary to float an RN, it shall be done according to the following procedure:

Volunteers shall be sought from among RN's currently working.
If no volunteers are available selection will be made on a rotating basis from the master float list in the Staffing Office according to dates previously floated. When the following conditions occur, the nurse who holds an alternate position in the department in need would float:
a. Birthing Center – When a nurse is needed specifically for labor or an imminent delivery or a "sick" or high risk infant.

b. SCU – When a second nurse is needed for SCU level patients.

c. ER – When acting as the second nurse on days or evenings or the only nurse on nights.

d. Med-Surg Third Floor – When the patient assignment exceeds five patients per nurse on days, six patients per nurse on evenings or the second nurse on nights.

e. Med-Surg Second Floor - When the patient assignment exceeds four patients per nurse on days, four patients per nurse on evenings or the second nurse on nights.

f. ACU – When the patient ratio exceeds 3 Phase II patients per nurse or conscious sedation skills are needed.

g. PACU – When acting as the second nurse.

h. OR – Only OR qualified staff may float into the OR.

3. Newly hired RNs, on completion of orientation, will be placed at the bottom of the float rotation list.

The floating nurse only performs those activities that s/he can perform with competence and comfort. RN's who float shall not be required to perform duties on a unit's special skills checklist unless previously oriented to those skills. If not previously oriented to such skills, the RN will be assigned only basic nursing duties. Additional orientation will be provided to any RN who makes a reasonable request to the Department Manager or Nursing Supervisor stating that s/he does not feel prepared to perform certain required duties.

RNs from the Birthing Center and SCU will not be given a patient assignment unless it is known that they will not be called back to their unit. They should instead be assigned to assist another nurse or be given a functional assignment.

Only a fully cross-trained nurse will be required to take a patient assignment when floated. A staff member is cross-trained when competencies for a specific area have been demonstrated and maintained.

H. Not-Needed Time/Not-Needed - On Call

All registered nurses may be required to take unpaid not-needed time from their regular scheduled hours as determined by workload, census and other factors. Not-needed time will be distributed as consistently as possible among the staff of a given unit or area keeping with the appropriate staffing mix using the guidelines set forth herein. For the purposes of distribution, 2 East and 3 East will be considered one area. Registered nurses may take paid earned time in lieu of unpaid not-needed time, with appropriate notations, by the employee, on the time card.

Types of not-needed time are defined as follows:

Mandatory: An employee's turn according to guidelines/master list in the absence of a not-needed time request.

Requested: An employee requests or volunteers to take not-needed time if available. If more than one employee requests not-needed time for a given shift, the guidelines contained herein will be used to determine which request is granted.

A continuous and ongoing master list, divided into requested hours and mandatory hours, by unit or area, will be maintained in the Staffing Office. Time given will be recorded in the list and "N/N" will be circled on the time sheet.

Priority
Requested Type
Mandatory Type

1
Staff scheduled extra time by pay period when posted
Temporary Staff (non-agency)

2
Regular/Per Diem Staff
Staff scheduled extra time by pay period when posted/Per Diem Staff

3.
Temporary Staff (non-agency)
Regular Staff

1. Not-needed time will be distributed according to the priority list above. In granting or assigning not-needed time, "Requested" shall be granted before "Mandatory" is assigned.

2. If staff scheduled extra-time by pay period when posted have been given not-needed time and as a result return to their baseline scheduled hours, their last not-needed turn on their scheduled extra hours will count as a turn.

3. If two or more employees within the same priority list are subject to not-needed time, dates will be used for final determination. If dates are equal, the person with the least number of not-needed within the fiscal year will be given the not-needed.

4. The mandatory and requested lists will be viewed separately with only one list of dates for each type.

Orientees and/or their preceptors are not exempted from not-needed time except at the discretion of the department manager.

If the nurses in a department, in collaboration with the Department Manager agree that the hiring of a "traveler" (agency nurse) is necessary to serve coverage, it is understood that the "traveler" will not be subject to this mandatory not-needed time provision.

Registered nurses who arrive at work and are subsequently determined to be not-needed will receive pay for actual hours worked up to the time they are sent home, or a minimum of four (4) hours pay at straight time rates with applicable differentials.

Not-needed time may be determined prior to the start of any work shift or at any time during the work shift. However, if before the start of the shift, the nurse will receive advance notice of not-needed time 45 minutes before the day shift, one and one-half hours before the evening shift and two hours before the night shift. There shall be no reduction in benefits (related to hours) because of utilization of not-needed time.

If a nurse is given mandatory on-call, but notified to come to work before the shift starts, the on-call counts as a turn for mandatory not-needed on-call time.

As an alternative to not-needed time /not-needed on-call time, staff may, with the pre-approval of their Department Manager or designee, attend appropriate available in-service or work on previously identified special projects

Staff may be oriented to other units as an alternative to taking not-needed time if this has previously been agreed to by the Department Manager of the unit to which the staff person wishes to orient. Requests to be oriented will not be denied arbitrarily or capriciously. These agreements should be listed in the Staffing Office.

Staff will be responsible for discussing with their department manager, as soon as feasible, any concern which arises over a particular situation involving the use of not-needed time. When not-needed time is assigned, however, the hospital will be solely responsible for determining how the assignment will be made.

The Union will have access to the master list or the daily time sheet at any time and the Union will notify the Hospital if it believes that the not-needed time policy is being misapplied. The parties, upon the request of either side, will then meet to discuss other possible options.

To preserve baseline hours, an employee who would otherwise be assigned not-needed time may be entitled to replace another RN from a different unit or area who had previously been assigned less mandatory not-needed time. In order to be eligible to displace another staff member, the nurse must have on file, in the Staffing Office, a statement indicating the areas and/or positions for which s/he is fully qualified. If a nurse wishes to displace a staff member from another unit s/he must be prepared to assume the full assignment or position (i.e. charge or sole RN of unit) held by the nurse to be displaced. The Hospital reserves the right to determine that a nurse is not qualified for a position.

If either the Birthing Center or the Special Care Unit closes, a registered nurse will be in the Hospital for each shift the unit is closed with a second nurse in the Hospital or on call.

Section 2. Overtime

There is a commitment to working collaboratively to assure efficient nursing care delivery systems and to support reasonable quality of work life for nurses while avoiding the costs associated with inefficient systems. Specifically, the Union and Management will problem solve to reduce costs associated with overtime.

A. All authorized work performed in excess of eight (8) hours in a day, with the exception of flex time (Article IV, Section 1 E), or forty (40) hours in a week shall be paid for at one and one-half (1 1/2) times the nurse's regular rate. Except, if a ten (10) hour work day or a twelve (12) hour work day is in effect, time and one-half (1 1/2) shall be paid in excess of the ten (10) hours in a day or twelve (12) hours in a day or forty (40) hours in a week, whichever is appropriate. There shall be no pyramiding of overtime.

B. A registered nurse assigned to accompany a patient on an ambulance trip shall be compensated at time and one-half (1 1/2) regular hourly rate with a minimum of four (4) hours pay.

Overtime rate shall equal 1 1/2 times the average base salary including differentials, over a two week payroll period.
Extra time hours will be allocated as uniformly as possible and in such a manner as to minimize the use of overtime. Overtime will also be allocated as uniformly as possible. It is the nurse's responsibility to notify the Staffing Office in writing of the nurse's availability for overtime or extra time.
Section 3. Mandatory Overtime

Mandatory Overtime is defined as unplanned work, which occurs due to unanticipated change in staffing, volume or acuity and occurs on a shift, by shift basis.

Before overtime is considered, management will seek volunteers, using the understaffed algorithm. Management is committed to assigning mandatory overtime only after all voluntary staffing options are exhausted. Mandatory overtime will be limited to four (4) hours at the request of the employee provided that an urgent patient care situation, as defined by management, does not exist. Any nurse who is willing and able to work an eight (8) hour shift will have the option of returning to their next scheduled shift in 12 hours following the completion of their overtime shift. In the event that the employee is unable to work mandatory overtime hours, the employee would have the option to decline one (1) turn of mandatory overtime in a six (6) month period, provided there is an additional nurse available to fill the current need, without being subject to corrective action. The next person on the list would move to the top for the shift in question. The person who is opting out would remain at the top of the list for the next MOT assignment

Any employee who volunteers for a shift, or portion of a shift, starting within a 24 hour period from the time they were asked to work will receive a $100 bonus for an eight (8) hour shift, (pro-rated at $12.50 per hour for the hours worked) in addition to applicable compensation. In addition, a staff member who volunteers for the shift will be placed at the bottom of the mandatory overtime rotation list. Bonus money is not intended to be used for filling routine posted schedule vacancies.

Mandatory overtime will be determined in rotation, based on the master mandatory overtime list kept in the staffing office, and will be compensated at double time.

Booking out for the employee’s next scheduled shift within the next 24 hour period will result in forfeiture of bonus money for a voluntary shift and double time of a mandatory shift of four (4) hours or less.

This mandatory overtime language will be reviewed on-going in the Nursing Directors/Union Officers meeting, throughout the length of the contract. If the use of mandatory overtime does not decrease from current levels, Management will investigate options to minimize the use of mandatory overtime.

Section 4. Sleep-In Policy

Non-exempt registered nurses who are required to remain on Hospital premises (sleep-in) for less than twenty-four (24) consecutive hours and have sleeping time during that period are considered to be on work time. Under such circumstances, employees shall be compensated at the Federal or Vermont state minimum wage, whichever is higher, for all hours spent in sleeping or waiting (non-work) activities. All hours spent in actual work time performance of their duties shall be compensated at time and one-half (1 1/2) the employee's regular hourly rate.

Employees who are scheduled for work whose department may be closed, but who are required to remain in the Hospital to cover that department, shall be assigned elsewhere if possible, but if not possible, will still receive their regular hourly salary.

All requests for sleep-in duty must have the prior approval of the Department Manager or Nursing Supervisor.

Article V

Section 1. Seniority

Seniority is defined as the length of continuous employment from last date of hire by the Hospital in any capacity. There shall be one seniority group. Nurses will acquire seniority after completing their probationary periods, in a position covered by this agreement, and seniority will then be computed from the most recent date of employment.

Section 2. Filling Vacancies

A. All vacant positions shall be posted prior to any outside solicitation. Vacancies which are to be filled in positions within the bargaining unit shall be posted on the two (2) designated bulletin boards for a period of ten (10) calendar days.

The posting shall show qualifications for positions. Any nurse interested in said vacancy shall fill out a Job Bid form, available in Human Resources, and return the form to Human Resources within the ten (10) day period. A Human Resources representative will then forward the Job Bid to the appropriate department head. If an RN knows in advance that s/he is interested in a particular position or shift, s/he may fill out a job bid before the job is posted and submit the form directly to the hiring department head, who will be responsible for maintaining a folder of bids. This will allow the hiring director to consider all interested applicants, including those on vacation or not aware of a recent posting. The position shall be filled by the most qualified applicant. Qualifications shall be defined by experience, continuous years of service from last date of hire at BMH as an RN or LPN, training, education, ability, availability, and previous employment record. If qualifications are relatively equal as determined by management, hospital seniority will be the determining factor. A nurse not selected to fill a vacancy for which s/he has applied shall, upon request, be given the reason(s). The question of whether qualifications are relatively equal shall be subject to the grievance procedure.

The transfer or change in classification of a nurse shall be filled as expeditiously as possible. It is expected that this will occur within two (2) months, but in no event shall the change be made if it jeopardizes patient care or would diminish the Hospital's ability to provide a full range of nursing services. The job into which the nurse is to be transferred shall be held for the nurse until s/he can be transferred.

B. Vacancies which are to be filled in positions outside the bargaining unit for which a nurse may be qualified shall be posted for ten (10) calendar days for informational purposes. Nothing in this subsection, however, affects the Hospital's right to select individuals for non-bargaining unit positions or creates a right to utilize the grievance and arbitration procedures based on the nurse's non-selection for a non-bargaining unit position.

C. Training/Overhire Positions

An overhire/training position shall be posted as above. Upon completion of orientation, the RN will be required to bid on all future positions in that unit. S/he will be integrated in that unit, rotating, floating, on-call, not-needed as per regular staff.

Section 3. Loss of Seniority

Seniority will be lost by:

a. Resignation

b. Discharge for just cause

c. Accepting employment while on leave of absence without express permission of the Hospital. Such permission shall not be unreasonably denied.

d. Failure to return from approved leave

e. Failure to return to work within five (5) work days for up to six (6) months or within ten (10) work days for longer than six (6) months when called from layoff after notice by registered or certified mail to his/her last known address. If an employee on layoff is employed elsewhere when s/he is recalled, the employee shall not be required to report to work in less than two (2) weeks from receipt of the recall notice. It is further understood that the Hospital is free to use fill-in nurses during this period per Article V, Section 4.

f. Absence from work for any reason for a period equal to the seniority accumulation, but no greater than six (6) months.

g. Settlement for total and permanent disability.

Section 4. Reduction in Force

If a reduction in force requiring layoff of permanent full and part-time nurses in excess of one week becomes necessary, the parties will confer relative to the procedures to be followed.

Unless otherwise agreed during such conference, the following principles shall be applied.

Reduction shall be made by seniority.

1. There shall be one seniority group.

2. The parties agree that there shall be the following units for layoff and recall:

Unit Cost Centers

Operating Room Medical-Surgical-Pedi Birthing Center

PACU ACU Oncology

Discharge Planning Special Care Unit Emergency Room

Occupational Health

3. When layoffs are to occur, the least senior nurse in the job classification in the unit will be laid off first, provided the remaining more senior nurse in the unit is fully competent to perform all of the duties of the position and will work the required hours.

In the event a non-probationary nurse is scheduled to be laid off, the nurse may displace the least senior nurse in an equal rated job classification in another unit on any shift provided:

1. That s/he has performed all the duties of that position in a fully competent manner as determined by the Department Manager. Such judgment shall be based on acceptable professional standards.

2. The nurse will work the required hours.

3. The nurse has more seniority than the nurse s/he is to displace.

A nurse above a staff nurse position may displace the least senior staff nurse in a lower rated classification provided s/he:

1. Can presently perform the job in a fully competent manner.

2. Works the required hours.

3. Has more hospital seniority than the nurse s/he is to displace. Nurses shall be recalled in reverse order of layoff except for probationary nurses, who have no recall rights, provided the nurse recalled is fully competent to perform all duties of the position and works the required hours.

The bargaining unit chairperson shall be notified in writing of all layoffs at least one (1) week prior to implementation.

The Hospital reserves the right to use temporary help for fill-in of short duration; however, when the layoff procedures herein are commenced, nurses who are on layoff will have the first opportunity of enrolling on a temporary recall list indicating the areas they think they are competent to work and indicating the times and shifts they are available. Before resorting to the hiring of outside help, the Hospital will attempt to contact nurses who it deems fully competent to perform the necessary duties for fill-in purposes. Notification of any nurse which the Hospital attempted to contact shall be given to the head of the bargaining unit. A nurse who declines or is not available for such fill-in work may be passed over; however, the employee still retains recall rights as stated above.

4. Nurses who are to be laid off for a period in excess of ninety (90) days shall receive any accrued earned time pay as of the date of the layoff.

5. A registered nurse who is laid off and who continues to retain seniority will retain all accrued benefits as of the day of the layoff. A nurse will not accrue benefits or additional seniority during the layoff.

6. In the event a permanent vacancy becomes available during the period of layoff, that job vacancy will be posted. Employees on layoff shall receive preference to other applicants, provided they meet availability requirements of the posting and are, in the judgment of the Department Manager or designee, fully competent to perform all the duties of the position and work the required hours. Any laid off employee who takes the position shall retain recall rights to the employee's former position.

Section 5. Union Representatives

Two duly authorized representatives of the Union who are not bargaining unit members may visit the Hospital at a reasonable time normally during the day shift to discharge the Union's duties relative to a question arising under this agreement or to investigate or process a grievance and shall give notice to the Nursing Department office upon his/her arrival and departure. Such visits shall not interfere with the normal operation of the Hospital.

Officers of the Union who are currently active bargaining unit members may investigate grievances during their non-work time provided they do not interfere with the work of any other employees or the normal operation of the Hospital.

Section 6. In-house Communications

The Union shall have the right of posting notices, announcement of meetings, election of officers, or notice of Union recreational activities on five (5) bulletin boards provided by the Hospital for that purpose.

The Hospital shall also provide an in-house mailbox for use by the Union.

Section 7. Use of the Building

The Union may have the use of Hospital space for conducting non-union relating continuing education programs subject to accepted scheduling procedures.

The Union may hold meetings on Hospital property provided:

· such meetings are prescheduled according to the Hospital's scheduling guidelines for outside organizations

· the content of such meetings is discussed in advance with the VPPCS or designee which reserves the right to refuse permission for an on-site meeting

· Union meetings are not open to non-RNs or other non-management personnel

· such on-site meetings will not address the organizing of additional units, the expansion of the current unit, or strike issues.

If management is to be present at the meeting, it will provide the name(s) of those who will attend as soon as possible after notification of the agenda.

No one shall attend such Union meetings on paid or scheduled work time.

Section 8. Jury Duty

Jury duty or a court appearance under subpoena for a job related court appearance pertaining to the Hospital are authorized absences. Registered nurses must notify Nursing Administration as soon as possible when s/he is selected for jury duty or court appearance under subpoena.

Full-time permanent and part-time permanent registered nurses are eligible to be paid the difference between their basic pay, including differential, and payments for jury duty for the period the individual is required to be absent from work to be in court. Payment is contingent upon presentation of a written statement as to the days and hours served and pay received. In no event will the employee receive more by appearing in court than s/he would have made working.

If the nurse is subpoenaed for the hospital s/he will be paid for the time spent in court according to standard time and pay policies. If subpoenaed to appear on a scheduled day off, an alternate day off may be requested

In cases where jury duty or appearance as a witness fills only part of a scheduled work shift, the nurse will call in to the staffing office.

Depending on staffing needs, the day nurse may be required to report back to work for the remainder of the shift. If the shift has been covered by other staff, the nurse will be given the option of returning to work or using earned time for the remainder of the shift.

A scheduled evening shift nurse who has served jury duty or responded to a subpoena during the day will be paid according to the above guidelines. If s/he is needed for staffing, s/he may be asked to report to the hospital to fill the entire shift or, at a minimum, required to complete a total of eight hours for the day. If the shift has been covered by other staff, the nurse will have the option of returning to work or using earned time for the remainder of the eight hours.

A night nurse scheduled to work the night before jury duty may have the shift covered and be paid eight hours. If the night nurse is scheduled for the night of served jury duty, s/he may request to be covered for this shift. In either case, only one shift of coverage will be provided for one shift of jury duty. If s/he is needed for staffing, s/he may be asked to report to the hospital to fill the entire shift or, at a minimum, required to complete a total of eight hours for the day

Shift coverage for a night nurse responding to a subpoena will be provided at the request of the nurse. Time will be paid only for hours actually spent in the court appearance.

Staff being scheduled to cover for jury duty or court appearance will be made aware that the coverage provided may be for all or only part of a shift.

Section 9. Hearing and Meeting Time

In the event the employer requires the employee to attend a hearing or meeting away from the Hospital, the employee shall be notified in writing. The employee shall be compensated for time actually spent at such meeting or time lost from work, whichever is greater, plus mileage, hotel accommodations with receipt, if overnights are required, and meals with receipt.

The Registered Nurse will be compensated at his/her basic pay rate for all hours spent at the hospital in mandatory education. Self-directed Learning (SDL) mandatory education done off-site will be compensated at basic pay rates within limits established by Nurse Director-Union Officer Committee meeting.

Article VI

Section 1. Orientation of Registered Nurse

A. A specific plan of orientation will be provided for each new and rehired employee according to his/her need and the need of the department. Such orientation shall be done by a Department Manager, Education Coordinator, and/or appropriate preceptor. Preceptors will be selected from the nursing units by the managers or staff to participate in the Preceptor Training Program. Further information on preceptors is found in the Preceptor Program Policy of the Hospital. A specific plan of orientation will also be provided for an employee who transfers permanently from one department to another.

B. During orientation the Union shall be provided three-quarters of an hour to provide information on a monthly scheduled basis; i.e., definition of Union, content of contract, application of contract, resource persons for problems, grievance procedure, officers of the bargaining unit. The Union representative on payroll and employee will be paid.

C. The Union will be given reasonable notice of the planned orientation program.

Section 2. Professional Support and Professional Practice Development

If a nurse is deemed to require additional professional support to develop necessary nursing expertise, the employee, the Department Manager, and the Education Coordinator shall design a program of such support.

A sum of $5,000 per fiscal year will be allocated for the term of the Contract for the purpose of professional practice development. The professional practice development program will be administered by the Joint Committee.

The Joint Committee will submit administrative changes, if any, to Nurse Directors/BFN officers for discussion and action.

Section 3. Leave to Attend Education Programs

At the sole discretion of the Department Manager the Hospital may grant time off with or without pay to attend educational meetings. If the employee is to be paid, s/he shall be paid only for the number of hours s/he is regularly scheduled to work, unless otherwise specifically authorized. When a request to attend an educational meeting is made, the registered nurse will be informed, before registration fees are paid, whether and for how many hours s/he will be compensated.

Section 4. Notice of Resignation

In order to receive any accrued fringe benefits, all registered nurses who resign from employment at the Hospital are required to give at least four (4) weeks notice except when the registered nurse is resigning under mutual agreement with the Hospital. Failing to give proper notice, the registered nurse shall forfeit accrued fringe benefits in proportion to the extent such notice is deficient. A nurse will not forfeit accrued fringe benefits as stated above, if the reason for the failure to give proper notice is the death of an individual within the nurse's immediate family, as defined by the Bereavement Leave section of this agreement, and the nurse resigns immediately upon the death of the individual, or in the instance of other emergency cases as approved by the Senior Staff Representative. All employees who are discharged for just cause after receiving progressive discipline for the offense for which they are being discharged or employees being discharged for serious offenses which require immediate discharge are not entitled to advance notice of termination or any pay in excess of accrued earned time and hours worked.

Section 5. Life Insurance

The Hospital shall continue with its present life insurance plan or may provide a substantially equivalent plan with the amount of coverage rounded to the next highest $1,000. Insurance amounts will be calculated annually. A copy of the insurance coverage and the amount of that coverage shall be furnished to each permanent registered nurse once per year, upon request of that nurse.

Section 6. Retirement Plan

The Hospital will continue its present or equivalent pension plan during the term of the agreement. If the Hospital desires to change the Pension Plan, it will first notify the Union to give it the opportunity to negotiate about such change prior to implementation of such change. A copy of the summary description of the retirement plan shall be furnished to each permanent registered nurse once per year, upon request of that nurse.

Section 7. Liability Insurance

The Hospital shall continue to provide its present liability insurance policy coverage or a substantially equivalent plan. Each registered nurse shall be given an explanation of the terms and benefits of this insurance plan.

Section 8. Pre-placement Physical Assessment

Each newly hired registered nurse must complete a pre-placement assessment done by an Occupational Health Nurse. The Occupational Health Nurse may refer the RN to a physician or a nurse practitioner if indicated by the pre-placement assessment with said exam paid for by the hospital. All RNs must receive occupational health clearance prior to placement.

Section 9. Workers' Compensation and Safety

A. The Hospital will continue to insure each registered nurse under the Vermont Workers' Compensation Law. The Hospital shall attempt to maintain notice of compliance posted at each of the two bulletin boards near the time-clocks utilized by the registered nurses.

B. The Hospital and the Union agree to cooperate in the promotion and advancement of the Hospital's health and safety policies. The Hospital will make reasonable efforts to provide a place of employment, safe and free from recognized hazards, which might cause serious injury or illness. In this regard the Hospital will make reasonable efforts to meet all legal standards for safety and sanitation. The Hospital will make reasonable efforts to follow the standards of the Hospital Infection Control policies, as modified from time to time. Nothing in this section precludes the Hospital from exceeding the standards set forth above.

The Hospital further agrees to provide free Hepatitis vaccinations for all bargaining unit members, as set forth in the Employee's Health policy, as modified from time to time by the Infection Control Committee.

Section 10. Tuition Reimbursement

With prior approval of the Department Manager, one hundred percent (100%) of the cost to a $1,250.00 limit per calendar year will be reimbursed to registered nurses with one year continuing service on completion of the course with passing grade. This will be for registered nurses who are scheduled and work twenty-four (24) hours a week or more.

Subject to other limitations in this section, this amount may also be applied to examination fees incurred in the successful completion of certification/recertification exams in the nursing specialty related to the nurse's practice.

The nurse agrees to continue employment at Brattleboro Memorial Hospital for one (1) year after approval of payment by the Hospital. The nurse agrees to repay the Hospital should s/he terminate during the one (1) year period. The amount to be repaid to the Hospital depends upon the number of months of consecutive employment completed since approval of payment.

Section 11. Bereavement Days

Full-time and permanent part-time registered nurses are eligible for up to three (3) days off, with pay, at base hourly rate following a death of his/her mother, father, brother, sister, grandparent, grandchild, parents-in-law, son or daughter-in-law, or brother or sister-in-law, provided they are currently scheduled work days. Employees are entitled to receive bereavement pay up to their regularly hired hours, as reflected in their personnel file. Per diem nurses, if scheduled, are eligible for one day of bereavement pay.

In the event of the death of a spouse, child or an individual residing in the home as a significant other in the capacity of a spouse, the employee may receive up to a maximum of five (5) days off with pay provided they are currently scheduled work days within two weeks of the death.

Before utilizing bereavement leave, each nurse must review the proposed leave with the Department Manager or Nursing Supervisor.

Abuse of this benefit shall be considered just cause for discharge.

Section 12 Impaired Nurse

BFN and BMH recognize that impairment in the form of alcoholism, substance abuse, chemical dependency, mental and emotional instability, or senility is a problem that affects all of society. As health care professionals we have an obligation to act in ways that will merit the trust, confidence and respect of other healthcare professionals and the general public.

If at any time there appears to be reasonable suspicion of an impaired nurse, the supervisor will document, in writing, specific details which prompt suspicion, prior to addressing the employee. Unless it is impossible, the Employer will have a second person observe the employee’s condition and present the observations to the employee in the presence of a second person. The employee has the right to have a Union member present during the discussion and have the content and outcome of the meeting documented. Strict confidentiality must be assured. Individuals who have a need to know will be identified and agreed to on a case by case basis.

Medical assessment, referrals, and/or drug screening must be done through Occupational Health. The employee may then be suspended with pay pending the completion of an internal investigation. The employee may not be terminated for substance abuse, as long as s/he is willing to accept and complete a treatment program and/or reinstatement guidelines.

Notwithstanding prior language, an employee may be disciplined or discharged for theft, diversion or other infractions.

Article VII

Management Rights

The Union and the Hospital agree that except as expressly governed by other provisions of this agreement, Management retains the exclusive right to manage its operations, including but not limited to the determination of the standards of service to be provided and standards of productivity and performance of its employees, the right to determine nursing care standards and methods, the right to determine the size and composition of the work force, to determine educational standards, to decide the location and number of its offices, administrative buildings, dormitories, facilities and physical plant, the quantity and type of equipment to be used in its operation, the speed of such equipment, the staffing requirements of such equipment or any job, to determine the content of job classifications, to promulgate rules and regulations, to select supervisory and managerial employees; to contract out work together with the control and state of products which may be used by employees, to determine the time for work, staffing pattern and work area, the method and place of performing work including the right to determine that the Hospital's work force shall not perform certain work, the scheduling of work and work breaks, the method of performing work including the introduction of improved methods and facilities, to determine whether such work shall be performed by bargaining unit employees or others, to fix standards of quality and quantity for work to be done, to determine whether any part or the whole of its operations shall continue to operate, to establish, to change or abolish any classification or service; to maintain order and efficiency in its facilities and operations; to determine the duties of employees; to hire, lay off, to assign, to transfer, to retrench, to determine the qualifications of employees, to promote employees; to demote, suspend, discipline, or discharge employees; to determine the starting and quitting time, to require overtime, and all other rights and prerogatives including those exercised unilaterally in the past. None of the above shall be done in an arbitrary or capricious manner.

After their probationary period, employees may be disciplined and/or discharged only for just cause.

Article VIII

Section 1. Grievance Procedure

In the event of any controversy concerning the meaning or application of any provisions of this agreement, not expressly excluded from the grievance procedure, it shall be deemed a grievance, and shall be handled as set forth below. It is expected that the Hospital and the Union will make a sincere effort to settle the dispute as quickly as possible at the lowest level.

One or more registered nurses employed by the Hospital shall be selected by the Union to deal with the Employer on grievance matters. The Hospital shall be kept notified of the identity of Registered Nurses with authority to resolve grievances on behalf of the Union. Should a registered nurse be called to a disciplinary meeting, s/he may request to have a Union designee (as indicated above) present.

No grievance shall be filed or processed based on facts or events which have occurred prior to ten (10) days before the grievance is filed, except in cases of sexual harassment, where grievances may be filed up to three-hundred (300) days since the incident of sexual harassment. Any grievance upon which a disposition is not made by the Hospital within the time limits prescribed, or any extension that may be mutually agreed upon, may be referred to the next step in the grievance procedure. If the grievance is not referred to the next step within five (5) days from receipt of an answer or the failure to answer, it shall be deemed closed based upon the last answer. Time limits are exclusive of Saturdays, Sundays, or holidays. A grievance which affects two (2) or more employees may be presented in writing at Step 3 within the time limits specified for submission in Step 1.

Informal Procedure: Employees are encouraged to discuss concerns with their department managers. If the concerns are not resolved, the employee may initiate the formal grievance procedure as outlined below within the established time frame.

Step 1 - The employee and/or a Union designee as indicated above shall notify his/her Department Manager of a grievance in writing, stating the date the alleged grievance occurred, the section of the contract allegedly violated, the nature of the grievance and pertinent facts, and the remedial action sought. It shall be discussed formally within three (3) days. The Department Manager shall notify the employee of his/her decision within three (3) days after discussion of the grievance.

Notwithstanding the above, if it is mutually agreed that the decision or action that gives rise to the grievance is not within the authority of the Department Manager to adjust, Step 1 of the grievance procedure may be bypassed.

Step 2 - If not resolved at Step 1, the grievance will be sent to the appropriate Senior Staff Representative or designee. A meeting will be held between the nurse, the Union's designee as indicated above, if desired, and the appropriate Senior Staff Representative or designee. The appropriate Senior Staff Representative or designee shall notify the employee of his/her decision in writing within five (5) days after the conclusion of the meeting.

Step 3- If the issue is not resolved at Step 2, the matter may be referred to Step 3 within five (5) days after the appropriate Senior Staff Representative's decision, by written notice of appeal to the President.

A meeting will be held with the President, or designee, the Union's designee (up to three (3) individuals) and a representative of the Union. The President or designee shall answer the employee, in writing, within five (5) days after the conclusion of the meeting. A copy of the answer shall be sent to a representative of the Union designated by the Union.

Section 1. A. Sexual Harassment

In cases of sexual harassment, grievances will be processed in an expedited manner. The employee may choose to initiate the grievance procedure at either Step 2 or Step 3 of the grievance procedure.

Grievances shall be filed and processed based on facts or events which have occurred no more than 300 days before the grievance is filed.

If, after the grievance is settled, the employee feels unable to return to his/her job, and if the Hospital has not transferred the person(s) against whom the charge of sexual harassment has been made, the employee shall be entitled to transfer to an equivalent open position at the same salary if a position then exists for which s/he is qualified.

Section 2. Arbitration

In the event the dispute shall not have been satisfactorily settled within ten (10) days after failure of Step 3 above, upon application by the Union, each grievance shall be referred to an arbitrator selected under the procedures of the American Arbitration Association. If the Union fails to submit a grievance to the American Arbitration Association within twenty (20) days (exclusive of Saturdays, Sundays, and holidays) of the Hospital's answer in Step 3, the matter shall be deemed closed pursuant to the answer given at the third step. The parties agree that the only remedy for the breach of this collective bargaining agreement, except as specifically otherwise provided, is through the instant grievance and arbitration provisions, and that the decision of the arbitrator is final and binding on all of the parties. The expenses of the arbitrator shall be shared equally between the Union and the Hospital. Each party shall make arrangement for and pay for the expenses of witnesses which are called by them. The powers of the arbitrator are limited as follows:

1. The arbitrator shall have no power to add or subtract or modify any of the terms of this agreement or any supplementary agreement nor to rule on any matter except while this agreement is in full force and effect between the parties.

2. The arbitrator shall have no power to establish wage scale rates on new or changed jobs, or to change any wage rates.

3. The arbitrator shall have no power to rule on the proper assignment of work by the employer between members of various Bargaining Units.

4. In the event a case is appealed to an arbitrator, and he finds that he has no power to rule on such case, the matter shall be referred back to the parties without decision or recommendation on the merits of the case.

5. Except as indicated below, the Hospital shall not be required to pay back wages for more than ten (10) days prior to the date a written grievance is filed. Notwithstanding the provisions of this section in the case of pay shortage of which the employee could not have been aware before receiving his/her pay, the arbitrator may, if justified, order that the adjustment be retroactive to the pay period in which the error first occurred, provided that the employee files a grievance within ten (10) days of the time s/he knows or should have known of the pay shortage.

6. All claims for back wages shall be limited to the amount of wages that the employee otherwise would have earned less any unemployment compensation or compensation for personal services that s/he may have received or could with diligent effort have received from any source during the period in question.

7. The decision of the arbitrator in any case shall not require a retroactive wage adjustment in any other case.

Section 3. Personnel Files

There shall be one official personnel file. There shall be no evaluations or disciplinary papers placed in the file without notification to the employee.

A written warning notice of disciplinary action shall be withdrawn from an employee's personnel file, upon request, and may not be used in a subsequent disciplinary proceeding, when twelve (12) months have passed since the date of issuance, unless within the twelve (12) months the employee has received another written warning or notice of disciplinary action.

An employee may inspect his/her personnel file during normal Personnel Department hours. Inspection of the employee's file shall be made in the presence of a member of the Personnel Department. Letters of reference shall be excluded. The employee may make any notes s/he wishes, but no data may be removed or borrowed from the file. Copies of the current evaluations will be furnished to the employee, upon request, at no charge. Copies of other materials, excluding letters of reference, will be furnished to the employee, upon request, but the Hospital may charge the employee for the cost of copying said materials.

Article IX

No Strike - No Lock Outs

So long as this agreement is in effect, the Hospital agrees that there shall be no lock outs, and the Union agrees that there shall be no strikes, sympathy strikes, sit-downs, slow-downs, stoppages of work, boycotts, mass sick days or any similar interference with the operation of the Hospital, or any other unlawful acts that interfere with the Hospital's operations or the medical care of its patients. In the event there is a breach of the foregoing provisions the Hospital need not resort to the grievance and arbitration provisions of this agreement, but may pursue any legal remedy. Furthermore, if there is any violation of the foregoing provision, the Hospital can take disciplinary action, including discharge.

Article X

Section 1. Earned Time

A. Eligibility

All RN's who are paid for forty-eight (48) or more qualified hours in a pay period, are entitled to earned time benefits.

B. Pay Rate

Earned time pay shall be paid for the period of time the earned time was accrued at base pay plus shift differentials, and shall not be counted as time worked for purposes of computing overtime.

C. Accrual

Accrual begins with the first hour the RN is eligible for earned time. Newly hired probationary employees who are otherwise eligible for earned time will begin to accrue earned time immediately. The amount of earned time is based on the amount of qualified hours paid by the Hospital during each payroll period to a maximum of eighty (80) hours. For purposes of accrual qualified hours are:

· Regular hours worked,

· Earned time taken off,

· On call in lieu of not-needed time,

· On call–called in,

· Not-needed time,

· Holiday hours worked

· Sleep day

Regular hours not worked in exchange for hours worked at time and a half.
Earned time will not accrue for the following types of paid time:

· Overtime,

· Earned time bought back,

· Sick bank time,

· On call in addition to scheduled hours, and

· O. R. on call.

Maximum Annual Accrual for Full-Time Employees

Service Years Earned Time Days

Years one through four 26 working days

Years five through nine 31 working days

Years ten or more 36 working days

Maximum accrual for eligible part-time employees will be prorated based on the above schedule. Earned time may be accrued to a maximum of one and one-half (1 1/2) times the annual accrued allotment. When an RN accrues the maximum amount of earned time, additional earned time will not accrue during the period the RN is at the maximum. The accrual will begin again when the total of the RN's earned time goes below the maximum. Earned time does not accrue while the RN is not being paid by the Hospital, such as during an unpaid leave of absence.

Employees shall accrue earned time according to the formula below and based on a factor that is in a ratio of the maximum yearly earned time hours to the 2080 yearly work hours as indicated in table 2 below:

Table 2. Accrual factors for earned time based on years of service.

Service Years Accrual Factor

Years 1 to 4 0.10000

Years 5 to 9 0.11923

Years 10 or greater 0.13846

Earned time hours accrued shall be calculated in the following manner: the total qualified hours paid multiplied by the appropriate accrual factor. [Qualified Hours Paid x Accrual Factor = Earned Time Hours Accrued]

D. Use of Earned Time for Scheduled Absences

Earned time will be used for scheduled or planned absences from normally scheduled work time, for vacations, holidays, planned personal absences, scheduled illness/disabilities and appointments. Earned time may be taken either at the increments accrued or sufficient hours to complete a scheduled shift. (8, 10 or 12 hours)

1. Approvals

Earned time must be requested of, and approved by, the Department Manager in advance of the anticipated date of absence. Each department will have a fair and equitable procedure for granting earned time requests based on staffing, work load, reason for requests, advanced notice, seniority and other considerations. When an RN requests time off, the RN shall indicate whether the time off is to be taken as earned time or a regular day off, so long as any request for scheduling another day off can be accommodated by the monthly schedule.

2. Scheduling Earned Time for Vacations

All vacations must be approved by the nurse's Department Manager and shall not interfere with patient needs, required Hospital coverage and service demands. Vacation requests for time off from June through September must be submitted in writing to the Department Manager by March 1. The Hospital will notify the nurses by April 15 as to whether their request has been approved or denied. If a vacation request has been approved said approval may be rescinded only upon an unforeseen change, including, but not limited to, change in replacement availability caused by resignations or terminations.

Other vacation requests must be submitted in writing at least one (1) month prior to requested vacation time. For all vacations when more than one (1) nurse has requested vacation or any earned time off for the same date(s) and both/all cannot be accommodated due to staffing needs the most senior nurses' request shall be granted. The Hospital will notify the nurse no later than 14 days after his/her written request has been submitted as to whether it has been approved or denied. If a vacation request has been approved said approval may be rescinded only upon an unforeseen change, including, but not limited to, a change in replacement availability caused by resignations or terminations.

The Hospital reserves the right to schedule no more than ten (10) consecutive vacation days at a time.

Every consideration will be given to an RN who requests extended vacation time off. Existing vacancies, providing temporary coverage, including the possible posting of temporary hours, and minimizing shift rotation are some of the criteria which will be considered.

3. Holidays

Accrued earned time will be used when a registered nurse's regularly scheduled work days falls on one of the Hospital's six (6) designated holidays, and the registered nurse is not scheduled to work and/or the department is closed. The designated holidays are New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

When a paid holiday falls on Saturday, the Hospital shall observe it on the preceding Friday. When a holiday falls on a Sunday, it will be observed on the following Monday. Department Managers, with the advance approval of the VP Patient Care Services and the President, may schedule the holiday for their department on the actual day of the holiday rather than on a day the Hospital observes it. Exceptions may need to be made for federally scheduled holidays.

Registered nurses who work on the designated holiday will be paid the appropriate holiday shift differential. Registered nurses who are scheduled to work on a designated holiday and fail to do so without authorization will forfeit an amount of earned time equal to the hours scheduled to work on the day unless the registered nurse is excused by the proper authority.

Approval for holidays off will be rotated as equally as possible.

E. Use of Earned Time for Unscheduled Absences

In emergencies and in other critical situations, including personal illness, sick child, elder care and other family care emergencies, absences cannot necessarily be planned and earned time will be used for the hours that were scheduled in those situations:

1. RNs are required to notify their Department Manager or Nursing Supervisor of their absence at least two (2) hours before the scheduled starting time on first shift and four (4) hours before the scheduled starting time on the evening and night shifts. If unable to come to work more than one (1) day, the employee must notify the Department Manager or Nursing Supervisor on each subsequent day of absence, unless the Department Manager or Nursing Supervisor has been notified and agrees that additional notice is not required during the anticipated absence. The Department Manager has the authority to deny earned time pay when an employee fails to notify, without sufficient reason, or within the specified time requirements, or fails to satisfy other requirements listed in the departmental manual.

2. The Hospital reserves the right to require a Registered Nurse to be examined by a physician or a nurse practitioner of the Hospital's choice to determine verification of illness. This examination will be at Hospital's expense.

3. Registered nurses who have been absent from work for five (5) or more scheduled work days, due to personal illness may be required to furnish a physician's report or be approved by a hospital designated physician or nurse practitioner prior to return to work.

4. Each manager shall review the punctuality/absenteeism of employees on a regular basis. Managers will provide clear documentation of attendance or punctuality problems and a plan of corrective action including follow-up meetings with the employee regarding progress. Employees will actively work with management to resolve unacceptable performance and/or behaviors. Progressive stages of corrective action shall be utilized except in the case of three-day no call/no show.

F. Sick Time

Sick time previously accrued, but not taken, can be used until exhausted when a RN is out of work due to illness or accident as defined below:

a. A registered nurse must first use three (3) consecutive earned time days, or three (3) scattered earned time days, (8 hour increments) per calendar year, for illness or injury before using Sick Time. This requirement is prorated for part-time registered nurses.

b. If an RN becomes ill or injured during a scheduled earned time absence and wishes to use previously accrued sick time, they will be required to finish the scheduled earned time. On the day they were scheduled to return, they could then use previously accrued sick days or additional earned time days providing that they satisfy the other requirements and obtain the necessary approvals.

c. RNs who have accrued sick time and who change status to part-time at fewer than twenty-four (24) hours a week or to per diem employment, retain paid sick time accrued. Part-time employees who have regularly scheduled hours as reflected in their personnel file are eligible to use paid sick time not to exceed their regularly scheduled hours as stated above. Part-time employees must also satisfy all other sick time requirements currently outlined in the contract. Per diem employees are ineligible to use paid sick time until their status changes back to regularly scheduled part-time hours as reflected in their personnel file.

d. Sick time is not paid to RNs upon termination of employment.

G. Cash or Sick Time Options for Earned Time

Each calendar year eligible RNs have the following options:

1. Exchange up to one hundred and twenty (120) hours (to a maximum of eighty (80) hours per pay period) of unused earned time at 100 percent of the earned time dollar value, and/or

2. Exchange up to forty (40) hours of unused earned time at 100 percent of the earned time hours for Sick Time Hours to a maximum of sixty (60) days. These earned time hours exchanged for Sick Time hours are subject to the same conditions as previously accrued Sick Time (see above).

H. General Earned Time Information

1. Earned time will not be used for Workers' Compensation, Jury Duty, or Bereavement. Pay for absences due to these reasons will be in accordance with applicable contractual provisions and/or legal requirements.

2. Employees who have used up all earned time and Sick Time, and who are still unab