collective bargaining agreement - usvi … bargaining agreement between the • the registered nurse...

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COLLECTIVE BARGAINING AGREEMENT Between the THE REGISTERED NURSE LEADERSHIP UNION, INC. And the GOVERNMENT OF THE VIRGIN ISLANDS/ DEPARTMENT OF HEALTH and St THOMAS/ST. JOHN AND St CROIX GOVERNMENT HOSPITAL FACILITIES BOARD OF TRUSTEES EFFECTIVE DATE; October 1, 2013 1.. EXPIRATION DATE: September 30, 2016

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Page 1: COLLECTIVE BARGAINING AGREEMENT - USVI … BARGAINING AGREEMENT Between the • THE REGISTERED NURSE LEADERSHIP UNION, INC. And the GOVERNMENT OF THE VIRGIN ISLANDS/ DEPARTMENT OF

COLLECTIVE BARGAINING AGREEMENT

Between the

• THE REGISTERED NURSE LEADERSHIP UNION, INC.

And the

GOVERNMENT OF THE VIRGIN ISLANDS/DEPARTMENT OF HEALTH and

St THOMAS/ST. JOHN AND St CROIX GOVERNMENTHOSPITAL FACILITIES BOARD OF TRUSTEES

• EFFECTIVE DATE; October 1, 2013

1.. EXPIRATION DATE: September 30, 2016

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XXVIII HEADINGS FOR CONVENIENCE 53

XXIX TOTALITY OF AGREEMENT 54

XXX SAVINGS CLAUSE 55

XXXI DURATION AND BINDING EFFECT 56

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The Employer and Union recognize their common interests beyond their collectivebargaining relationship. As partners they will strive together, to provide the highest quality ofservices, professionalism, nursing care and safety practices.

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ARTICLE ItDEFIN~ONS

The Registered Nurse Leadership Union, Inc. (“RNLU”) - consists of employees hired asAssistant Head Nurses (AHN), Head Nurses (HN), Administrative Care Coordinators (ACC)/Clinical Care Coordinators (CCC).

“Employee” shall mean a person who Is in the bargaining unit and who meets the definitionof an Employee as defined in the Public Employees Relations Board (“PERB9; Certificate ofRepresentation.

For the purpose of this collective bargaining agreement, Employees shall be subdivided Intothe following categories;

• “Full-time Employee” — An Employee who normaily works on a scheduled basis onthe number of hours provided for in this collective bargaining agreement and hiredfor an Indeterminate period by the Employer.

• “Part-time Employee” — An Employee who normally works on a scheduled basis on alesser number of hours than provided for in this collective bargaining agreement butnot more than thirty four (34) hours per week, and is hired for an Indeterminateperiod by the Employer.

• “Per Diem Employee”- An Employee who normally works on a scheduled basis thatdoes not exceed 24 hours per week.

• “Temporary Position”- An Employee who is employed to fill a temporary vacancy.• “Lay-off”- The separation of an employee from her position for economic reasons.• “Emergency”- means a sudden, generally unexpected occurrence or set of

circumstances demanding immediate attention.• “Union Representative”- means an Employee under this Collective Bargaining

Agreement appointed, contracted, or elected by the Union. The unionrepresentative may be a nonmember to represent the Employee in presentingcomplaints or grievances to the Employer.

• “Chief Negotiator”- means an individual who can be appointed or contracted. Thechief negotiator may be a nonmember to represent the Employee in presentingcomplaints or grievances to the Employer.

• “Promotion”- means an appointment of an Employee from one classification tohigher classification for which the Employee Is paid a higher compensation.

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ARTICISE IIIRIGHTS OF THE EMPLOYER

Section 1:All the functions, rights, powers and authority which are not spedfically abridged, delegated

or modified by this Agreement are recognized by the Union as being retained by the Employer.These rights include but not limited to the following:

A. Directing and supervising the Employee of this unit;B. Determining qualifications and standards for licensure as prescribed by the Board of

Nurse Ucensure;C. Hiring, promoting, transferring, assigning, retaining, disciplining, suspending, demoting,

or discharging the Employee;D. Maintaining efficiency of operations;E. Determining methods, means and personnel by which the Employer’s operations are to

be conducted;F. Taking such actions as may be necessary to carry out the mission of the public employer

in times of emergency;G. Any departmental or managerial function not limited by terms of this Agreement is

reserved to the Employer.

SectIon 2:A. The Employer shall have the right, In its discretion, to adopt, amend, revise or revoke

any job description or classification, subject to the provision of this Agreement aftergiving thirty (30) days advance notice to the Union, and all affected parties.

B. In the event of an amendment or revision of a job description, the compensation of theincumbent shall be adjusted accordingly.

Section 3:The Employer reserves the right to establish and enforce reasonable rules and

regulations governing responsibilities of the Empioyee, upon not less than fifteen (15) dayswritten notice to the Union, and the application of such rules, regulations, and amendmentsshall not be discriminatory or inconsistent with this Agreement.

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ARTICLE IVNON-DISCRIMINATION

SectIon 1:

A. The employer Is committed to providing a work environment that Is free fromharassment. Harassment based upon individual’s sex, race, ethnicity, national origin,age, religion or any other legally protected characteristics will not be tolerated, Noperson will be adversely affected In employment with the employer as a result ofbringing complaints of unlawful harassment.

B. The Employer shall post in conspicuous places, available to the Employee and applicantsfor employment, notices with respect to the non-discrimination policies of theEmployer.

C. The representatives of the Union and the Employer in all steps of the complaints andgrievance procedure and In all dealings between the parties shall comply with thisprovision.

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ARTICLE VIORIENTATION AND PERFORMANCE EVALUATION

act&ni: ORIENTATIONA. The Employer will develop, Implement and maintain a written structured orientation

plan for all Employees. The SPPC may be actively Involved in the process. Trainedpreceptors may, when possible, assist in the orientation of newly hired nurses perInstitutional policies.

B. It Is understood that Employee In the ordinary course of their responsibilities will beexpected to participate In the orientation process.

Section 2:A. All Employees in a new leadership position shall participate in an orientation programprescribed by the employer, which may Include dassroom time with leadership training, clinicalpreceptorship, field and unit orientation as established by the Employer. Leadership trainingmay include but not be limited to:

1. How to create effective schedules and reports2. Conflict Resolution3. Effective Communication4. LeadershIp Principles and Styles5. HR Policies and Procedures6. How to work with dlfficuft people7. Mentoring and Coaching8. Cultural SensitivIty9. Applicable internal and external contracts

B. The Employee receiving orientation shall be paid at the Empiovee’s hourly rate. A recordof the orientation period and topics covered shall be signed by the Preceptor/In-serviceEducation and the Employee and placed In the Employee’s personnel file.

C. All employees in a new leadership position transferred/reassigned to another unit/worksite within each agency shall participate in a planned orientation program tailored to meetIndividual needs.

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E. Nothing in an Employee’s personnel file of a derogatory nature will be used for thepurpose of disciplinary action, promotion, or other change in the Employee’s job statusIf It Is older than two (2) years from the date of the document. The Employer shall placeInformation of a positive nature indicating special competencies, achievements,performances, or contributions of an academic or professional nature, including anysuch material received from outside, competent responsible sources, in the Employee’spersonnel file.

F. No material derogatory to an Employee’s conduct, service, character or personality shallbe placed in the Employees personnel file unless the Employee has had an opportunityto read the material. The Employee shall acknowledge the material as having been readby affixing hisfher signature and date on the actual copy to be filed. This signaturemerely signifies that the Employee has read the material to be flied and does notnecessarily indicate agreement with its content. The Employee has a right to write arebuttal to whatever derogatory material is placed in the Employee’s personnel file, andthe rebuttal shall be placed in the Employee’s personnel file.

6. Upon written authorization by the Employee, the Union representative shall examinethe Employee’s record upon presentation of such authorization in the presence of anauthorized HR employee.

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The cost of annual examinations shall be offset by the employee’s health Insurancecoverage plan. The Department/Agency of the employee shall assume the costs of unmetdeductible associated with the physical examination.

An Employee who wishes to have the annual examination performed by a personalphysician will be allowed to do so, at the Employee’s own expense, provided that a completecopy of the heafth record is made available to the Employer for the personnel health files.

The Employer shall provide to all Employees appropriate immunizations as perregulatory agencies recommendations on the following;

a. PPDb. Influenzac. Hepatitis B Vaccined. Tetanus, diphtheria and pertussls (Tdap)e. Pneumonia

The Employer shall provIde to all nurse leaders post exposure titers with the follow-uptesting and treatments.

The employer shall pay all costs associated with the administration of the immunizationswhich the Employee’s health Insurance does not cover.

If a nurse leader declines vaccinations, a waiver must be signed and placed in the NurseLeader’s health file.

SectIon 5:The Employer, through its Health Services, will assist in referrals for necessary

treatment, provided that the employer shall not be required to pay for any treatment.

Section 6:Health records shall be retained by the Employer for all Employees.

Section 7:Compensation for job related Illness and/or disease shall be made through the

Workman’s Compensation Insurance Program.

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ARTICLE ViMSUPERVISORY PROFESSIONAL PRACTICE COMMITTEE

kcMcni: Establishment of SPPCEach District of EMPLOYEE (District 1 — St. Croix and District 11-St. Thomas/St. John) in

collaboration wIth the Employer will implement a Supervisory Professional Practice Committee(“SPPC”). This committee will provide a forum for dialogue to address clinical practice andnursing Issues and to foster relationships of trust and respect. The SPPC shall be establishedwithin one hundred eighty (180) days of Implementation of this contract.District 1-St. Croix DistrIct 11— St. ThomaslSt. JohnNursing Administrator — JFLH Nursing AdmInistrator — SRMCNursing Administrator — DOH Nursing Administrator — DOH1.Nurse Leader —JFLH 1 Nurse Leader - SRMC1 Nurse Leader—DOH 1. Nurse Leader—DOH

The SPPC will be Co-Chaired by a Nurse Leader and/or Nurse Administrator. Eachdistrict SPPC will meet three (3) times per year. One (1) tIme per year, the two (2) districts’SPPC committees will meet jointly in a group sessIon or by audio and/or video conference.Each dIstrict SPPC will exchange the minutes of their respective meetings to all committeemembers

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ARTICLE XIN-SERVICE EDUCATION

Section 1:Employees are required to attend all mandatory in-service education except In the

following cases:A. Personal illnessB. Illness or death of members of immediate familyC. Annual Leave or other legitimate reasons for absence which had been mutually agreed

upon between the Employer and the Employee.

The Employer shall provide in-service education offerings per annum related to eachnurse leader’s scope of practice. If clinical training is needed, the employer may make availableIn-service education on different shifts and at different times Including weekends.

Section 2:When an Employee Is on duty and attends in-service programs, the Employee’s time

shall be computed as straight time. When an Employee Is off duty and attends mandatory inservice programs and administrative meetings, the Employee shall be compensated at time andone half, an Employee may request compensatory time in-lieu of pay. The Employer shallprovide full monetary compensation for mandatory in-service training performed on or off siteand Inclusive of on-line training.

Section 3:The In-Service Education Program shall maintain an attendance record of each In-service

provided. The Employer is responsible for maintaining a current Contact Hours Providernumber to Insure that educational offerings are eligible for Contact Hours. The Employer willmake every effort to provide contact hours at minimal or no cost to the Employee. Theemployer will also exert every effort to provide a minimum of fifteen (15) contact hours everytwo (2) years.

Section 4:The Employer, subject to available funds, at no cost to the Employee, shall provide Basic

Life Support (BIS) certification classes following the American Heart Association (AHA) orAmerican Red Cross guidelines

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ARTICLE XlCONTINUING EDUCATION PROGRAM

Section 1: EstablIshment of ProaramsHealthcare delivery system is ever changing. As a result, continuing education and

professional development for employees Is necessary in order to maintain, Improve andenhance professional growth and competency; whIch will Improve the quality of patient careand patient safety. The responsibility for the continuing education shall be mutually agreedbetween the employee and the employer.

Section 2: ProfessIonal DeveloomentSubject to the availability of funding, the Employer will dedicate funding for the

professional development of the Employee. The following professional development programsare as follows:1. CertIfication2. Diploma/Associates Degree to Bachelor’s Degree3. Bachelor’s Degree to Master’s Degree4. Masters Degree to Doctorate

The Employers shall establish an on-site Nursing library/computer lab to facilitate accessfor the Employees, subject to the availability of space and funding.

Section 3: SpedaIty TraInln~Based on the availability of funds and approval from Administration, the Employer shall

afford the nurse leader the opportunity provide all funding for the Employee to attend offisland conferences/seminars in their specialty training.

SectIon 4: Attendance RecordingThere shall be attendance records maintained by the employer of each continuing

education program. Copies of attendance records shall be maintained in accordance withagency policy.

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ARTIClE XIIILEAVE

SectIon 1: Annual LeaveAnnual Leave shall be granted as set forth In Title 3, Virgin Islands Code, SectIons 582,

587, 588 and 589.

~&cthaZ: Sick LeaveSick leave shall be granted as set forth In Title 3, VirgIn Islands Code, Section 583 and

584.

Section 3: Jun ServiceLeave for Jury Service shall be granted as set forth in Title 3, Virgin Islands Code, Section

586.

Section 4: Bereavement LeaveAny Employee shall be granted up to four (4) days of bereavement leave (with pay)

following the death of a parent, stepparent, grandparent rand children, spouse’s parents,legal guardians, child/children, stepchildren, sibling, or other family members who resided withthe Employee at the time of that family members’ death. Bereavement leave shall not becharged agaInst an Employee’s annual or sick leave. However, an Employee may apply foradditional leave upon the death of a family member, and any request for such leave shall notbe unreasonably denied. This additional leave, if granted, may be charged against theEmployeWs annual leave bank. Bereavement leave shall be taken within the period immediatelyfollowing the death and/or up to one week after burial. Proof of relationship and death must beprovided upon request for bereavement leave.

SectionS: Military LeaveLeave for Reserve Military Service shall be granted as set forth in Title 3, VIrgin Islands

Code, SectIon 590 and Title 23, Section 1524.

Section 5~ MaternitvlPaternltv LeaveA. After pregnancy is confirmed, an Employee must provide to the employer a medical

certificate indicating (1) the date of which it is expected she will no longer be physicallyable to perform her regular duties; and (2) that it is expected that she can work untilthat date without risking injury to herself or the health of her unborn child. At such

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notification for this purpose. No departure from the above notice procedure shall bemade except within the reasonable discretion of the Employer.

Section 9: Personal LeaveAny Employee who does not use sick leave for a period of one year from the last sick

date shall be entitled to and granted three (3) personal leave days, if scheduling permits. Thethree (3) days may be taken at the discretion of the Employee, subject to the approval of theDepartment. These three (3) days cannot be accumulated from year to year.

All Employees shall be granted paid leave for their birthday off. This day shall be takenwithin thirty (30) days of his/her birthday.

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SectionS:An Employee shall establish an agreement with the Employer to render service for at

least two (2) years following the conclusion of the first year of study leave with pay, secured byan executed judgment note conditioned that it shall be void upon fulfillment of the obligationto render such service.

SectIon 6:It Is the responsibility of the Employee to notify the Employer at least sixty (60) days in

advance of return from education leave of the expected date of return to work.

SectIon 7:The Employer shall have sixty (60) days from the date of termination of educational

leave In which to reinstate said Employee.

Sections:Upon the recommendation of the Nursing Mminlstration or authorized designee and

approval by the Commissioner/CEO, an Employee shall be granted educational leave for specificstudies provided these studies are towards advanced degrees. Upon successful completion of aprogram of study in the field of nursing or pertinent thereto, the employee may submit arequest for tuition reimbursement and upon the availability of funds the Employer mayreimburse the Employee the cost of tuition fees, and provided further, that suchreimbursement shall be conditioned on terms of future employment agreed upon by theEmployer/Employee.

if a nurse leader, who has been on educational leave, withdraws from the educationalprogram, the nurse leader is expected to report the action/withdrawal within two (2) weeks ofwithdrawing. The nurse ieader and the employer would then negotiate a return to work date.

Failure to report within two (2) weeks may result In disciplinary action up to andincluding the termination of employment.

SectIon 9:

An Employee who applies for a short-term course’ or program of education or training,and whose application is approved by the Employer, shall be reimbursed tuition and fees andexpenses up to a maximum of $4,000 per year, subject to the availability of funds Reasonable

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ARTICLE XVHOUDAY

Section 1: PaId HolidaysAll days specifically designated In Title 3, Virgin islands Code, Section in, and such

other days as the President of the United States or the Governor of the Virgin Islands mayproclaim, shall be recognIzed as legal holidays.

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at the rate of one and one half times basic hourly wage rate shall be paid for all workperformed in excess eighty (80) hours in a pay period.

B. The Employee may choose to work their forty (40) hours per week or eIghty (80) hoursper pay period in the following way:

1. Eight hours scheduling-the Employee may elect to work ten (10) eight hour shiftsper pay period. The Employee shall work alternate weekends; and will receiveholiday pay for holidays worked or holiday time off, other than when a holidayfails on a Sunday. Holiday time off shall be counted as eight (8) hours only. AnEmployee working consecutive weekends shall be compensated at the rate oftime and W

2. Ten-hour scheduling - the Empioyee may elect to work four (4) ten hour shiftsper week or eight (8) ten-hour shifts per pay period.

3. Twelve-hour scheduling - the Employee may elect to work six (6) twelve-hourshifts and one (1) eight-hour shift per pay period; or any other combination ofhours equaling eighty (80) hours per pay period which has been mutually agreedupon bystaff and management.

When the Employees’ options do not meet patient/client care need, the Head ofNursing Administration will determine ultimate scheduling.

Pay for work performance on a holiday, other than a Sunday holiday, shall be paid at therate of two (2) tImes the basic hourly rate. If nurse leader’s day off falls on a holiday, the nurseleader shall not be entitled to a day off.

Section 8:Any amount of time served In a disaster/hurricane shelter must be paid at the rate of

one and one-half (1~4) the Employee’s base salary (or double time on holidays) if the workinghours exceed the normal shift of forty (40) hour week. This time covered shall be actual arrivaltime to work station to actual departure from work station. However, the Employee shall notlose any compensation with respect to their scheduled shift as a result of any delays associatedwith the Employer provided transportation.

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• Re-scheduled within the same cycle pay period to meet an 80 hour pay periodthreshold for an Fit; or,

• Use of annual leave hours or compensatory time when Indicated; or• No sick time can be used to make up the difference between actual work hours and

80 hours per pay period

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ARTIClE XVIIIDUTY CONNECTED DISABIUTV

Section 1: Duty Connected DbabllltvDisability compensation shall be awarded In accordance with the provision of Title 3,

Virgin islands Code, Section 584 (a-c).

SectIon 2: MIscellaneous Benefits of the VI CodeOther benefits shall be as set forth in TItle 3, Virgin Islands Code, Sections 641-645.

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ARTICLE XXCUSTOMS AND PRACFKXS

An Employee shall not be required to perform an act or procedure that heIshe believesin good faith he/she Is not competent to do. In which case the employee will complete the ADOform.

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ARTICLE XXIIREDUCTION IN WORK FORCE

A. In the event of a reduction in work-force for economic reasons, the Employer shall layoff in reverse order of seniority after first terminating any and all agency contracts fornursing services other than this agreement, provided essential services are maintained,

B. Senior Employees will be allowed to bump less senior Employees In a unit within whichhe or she is competent. ‘Competency” is defined as able to competently providesupervision and clinical functions, without any additional training.

C. Employees remaining In service must have the required professional and performancecompetencles, demonstrate the ability to perform the required work, and maintainsatisfactory performance evaluations.

I). The Union shall be notified in writing at least thirty (30) workIng days in advance of thedate of employee lay-off.

E. Employees shall be recalled from lay-off in reverse order of the iay-off. The Empioyeeshah be notified of re-call by registered/certified mail, return receipt requested, to theEmployee’s last address in the Human Resources records. A copy of such notificationshall be sent to Employee and the Union. Employees who fail to notify the HumanResource Department within ten (10) working days after the receipt of the above re-calLletter of their intention to return to work within ten (10) working days shall beconsidered terminated.

F. New Employees shall not be hired to replace employees affected by workiorcereduction/iay-offs,

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ARTICLE XXIVGRIEVANCE AND ARBITRATION PROCEDURE

Section 1:The foregoing procedures, which may be initiated by either party, shall be the exclusive

means of settlement of all grievances arising under this Agreement.All work time spent by the Employee/grlevant, Union Representative, and witness In

filing, discussion, investigation and processing of a grievance or arbitration shall be with pay.

SectIon 2:For the purpose of this Agreement, a grievance shall be a complaint, dispute or

controversy submitted by an employee or a group of employees having the same grievance, orby the Employer:

a. That there has been an alleged violation or misinterpretation of any of theprovisions of this agreement; or

b. That an employee has been treated unfairly or inequitably by reason of any actor condition which is contrary to the established policy or practices, by theempioyer, governing or affecting empioyees.

If an employee is called to a meeting/Interview/investigation with any managementrepresentative and has reason to believe that the meeting may result in disciplinary action, theEmployee may request and have the right for union representation.

If there is a potential conflict the grievant has the right to due process which includesbut not limited to;A. Right to know the chargesB. Right to Union representationC. Right to confront and cross examine accusersD. Right to present one’s own witnessesE. Right to hearing before the employer (suspension with pay versus without pay)F. Right to appeal

A grievance must be filed within 10 working days after the date the Union knew orshould have known of the alleged incident or violation of the Agreement, however, this timelimitation shall not apply to any salary, suspension, discharge or demotion grievances. Allreference to “working days” shall not include Saturdays, Sundays, legal holidays, annual leaves,and sick leave.

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shall render a decision on the grievance and shall advise the Union and theEmployee of the decision in writing.

If the answer In Step 2 is not satisfactory to the Union, the Union within ten (10)workIng days may appeal the decision to the Head of Nursing Administration ordesignee. The Head of Nursing Administration or designee shall respond in writing tothe appeal within ten (10) working days after receiving same, and render a finaldivisional/unit decision.

Step 4:if the Employer’s answer in Step 3 is not satisfactory to the Union, the Union within ten(10) working days may appeal the decision to the Agency Head or designee, The Agencyshall respond In writing to the appeal within ten (10) working days after receiving sameand render a final decision.

If the Employer’s final answer in SectIon 4 above Is not satisfactory to the Union, withinten (10) working days after delivery of the Employer’s final answer, the Union may present theEmployer with a written demand for arbitration signed by a Union Representative.

When a demand for arbitration has been presented, the parties shall within ten (10)working days select an impartial arbitrator in writing, or shall jointly request the PublicEmployees Relations Board (PERB) of the Government of the Virgin Islands to supply bothparties with a panel of five (5) impartial arbitrators. The Employer and the Union shall meet toagree upon an arbitrator within five (5) working days of receipt of the panel from the PERB.

If the parties do not agree upon the list provided by PERS, then they shall jointly requestthe American Association of Arbitration or Federal Mediation Service to provide them with apanel of five(s) impartial arbitrators.

Either party, within five (5) working days of receipt of the list, shall have the right toreject one entire list and request the submission of another panel.

Thereafter, the Union shall make the first strike of a name and the Employer shall thenstrike a name, until the name of the person last appearing on the list shall be designated as thearbitrator and his/her appointment shall be binding on both parties.

Flung of a demand for arbitration does not preclude the parties from mutually agreeingto pursue mediation as a means of settlement while the demand for arbitration is pending.

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Section 11:The time limits set forth In this Article shall be binding on the parties unless extended In

writing. The processing of a grievance to arbitration shall not waive the rights of a party toassert before the Arbitrator that the grievance was untimely processed.

if the Union fails to process a grievance within the time limits, the grievance shall beconsidered disposed of on the last answer of the Employer. The Union may withdraw agrievance at any step in this procedure by notifyIng the Employers In writing. If the Employersfall to process its response to a grievance within the time limits provided, the grievance shall bedeemed adjusted in favor of the employees except when an extension Is submitted.

Section 12:In the event that any person or party falls to appear at an arbitration proceeding

without just CaUse and pilot iIuLifltdtlon, the Arbitrator shall proceed and his award shall havethe same force and effect as though said person or party had been present.

SectIon 13:A Grlevant shall have the following rights to:

A. Be present at any hearingB. Hear testimonyC. Give testimonyD. Call others to give testimony, andE. Question, either personally or through counsel any person giving testimony

SectIon 14:The fact that a grievance Is filed by a member of the Union, regardless of the ultimate

disposition, shall not be recorded In the nurse leader’s file or In any file or record utilized in thepromotion process; neither shall such fact be used In any recommendations for job placementnor shall such nurse leader be placed In jeopardy and subjected to reprisal for having followed agrievance procedure.

searon 15:A proceeding for dismissal, suspension or demotion to Step 4 shall not result In a loss of

pay prior to the Step 4 decision.

.3

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ARTICLE XXVAUTOMOBILE COMPENSATION

Section 1:The Employee must have written authorization from the Employer to use privately

owned vehicles In the performance of duties and shall be given a monthly reimbursement formileage by the Employer.

SectIon 2:All Virgin Islands rules, regulations, codes, laws, executive orders presently in existence

or as hereafter amended relative to automobile compensation for the use of privatetransportation in the performance of duty shall apply to all Employees covered by thisAgreement.

Section 3:

Those Employees who are required to work in areas whIch could be consIdereddangerous to their person may have the option of being accompanied by another staff personto those designated areas In the performance of duties.

SectIon 4:The Employee required traveling to St. Croix, St Thomas, St. John or Water Island for an

assignment shall be reImbursed parking fees upon presentation of parking receipts to theagency Administrator.

SectIonS:In the event of an automobile accident, the Employer will be responsible for

compensatIon of the Employee’s automobile and damage claims, in the event that theemployee is not at fault has proof of vehicle Insurance and a valid driver’s license.

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SectionS:The Union may, upon request and availability, use rooms at the hospital and/or agency

for its meetings. Requests for use of meeting rooms shall be made In advance through thehospital or agency room scheduling procedure.

SectIon 9:The Union shall have the right to use designated hospital or agency bulletin boards to

announce meetings, either local, regional, state or national, and to otherwise Inform itsmembers of matters of professional Interest and contract administration. The bulletin boardwill be used strictly for Union and government information.

Section 10:A. When a nurse Is directed in writing to perform substantial duties of a higher

Classification on regular basis for more than fourteen (14) consecutive work days,a ten percent (10%) dIfferential will be added to the nurses current salary. Nursesassigned temporarily to perform duties of a higher job dassification shall not be rotatedout of such assignment prior to becoming eligible for a higher rate of pay solely to avoideligibirity for such higher rate of pay.

B. Nurses directed to perform the duties of a lower classification with no change in theirjob title shall not have their rates of pay reduced because of such assIgnment.

Section 11:The Employer retains the right to employ nurses on a per diem basis. Per diem nurses

shall be paid In accordance with the criteria with an additional 20% of the hourly rate andnursing schedule. The per diem nurse shall be eligible only for the salary schedule andgrievance procedure and shall not be eligible for any benefits.

Section 12:

A nurse who transfers between the Department of Health and any of the Hospitals (orvIce versa) shall for purposes of calculating salary and benefits, be considered to have beenhired on the earliest date the nurse was hired by any of the above mentioned facilities.

Section 13:

The Employer agrees to provide monthly notification of accruals in accordance with theVirgin Islands Code, Chapter 25, Section 583 (a). ~

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ARTICLE XXVIIIHEADINGS ONLY FOR CONVENIECE

The headings used herein are for convenience and shall not be resorted to for purposesof interpretatIon or construction of thIs Agreement,

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ARTICLE XXXSAVINGS CLAUSE

In the event that any provision of this Agreement Is found to be invalid, such invalidityshall not impair the validity and enforceability of the remaining PROVISIONS OF THISAgreement.

7/243

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IN WI1NESS WHEREOF, the patties heiwb, have set lhefr hands and seal this __ot20_.

GOWRNMENTOFTHE VIRGIN ISLANDS REGISTEREDNURSED LEADERSHIP UNION

Bt______________ ____________

Dr. V~1demarA. Hill, Jr Annie Day Henry, NChief Negotiator Chief Negotiator

Date: 7/z_z- //~3 Date:___________

BY.

/ AIftf*,ny Rlcketts, MD.Acting ChairpersonGovernIng BoardGovernor Juan F. Luis Hospitaland Medical Center

Date: ‘~-f~~i 1’/-

BY: _____________________________

Cornell Williams, Board ChairmanGoverning BoardSchneider Regional Hospital andMedical CenterSt. Thomas/St. John

Date: _________________________________

BY.____________Dance PlaskettCommissionerDepartment of Health

Date ~5’ 9 ‘.—~