Maine State Nurses Association - a member of CNA/NNOC

Maine Nurses United For Patient Safety

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SAVE THE DATE!
April 16, 2008
Steward Training/Meeting
Heritage Motor Inn
935 Central Avenue
Millinocket, Maine

Join us at the next quarterly Steward Council Meeting - Deadline for registration is april 4, 2008.  Register by phone 800-207-8611 or e-mail jbraley@calnurses.org.

What do MSNA Nurse Labor Contracts Say?

MANDATORY OVERTIME ONLY IN TRUE EMERGENCIES

"Except for bona fide emergencies (such as Acts of God, multi-injury accidents, and the like) no Nurse will ever be required to work involuntary overtime..." Houlton Regional Hospital

1½x PAY FOR HOURS WORKED OVER THE SHIFT ASSIGNMENT

"...Time worked by non-salaried Health Care Professionals over eight (8) hours, or regularly scheduled hours of an innovative schedule, in a twenty-four hour period shall be paid at time and one-half when necessitated by an emergency patient care situation and approved..." Maine Coast Memorial Hospital

FLOATING PROTECTIONS

"When a nurse is floated, she will only be given a direct patient care assignment if she is oriented to the unit and if there is no possibility she will be needed in her regular position. A Nurse who is floated to another unit will not be required to perform any duties which, in the Nurse’s reasonable judgment, she is not competent to perform." Houlton Regional Hospital

"No Regular Nurse will be displaced from her assigned unit or shift by an Agency Nurse, Temporary Nurse or Casual Part-Time Nurse, except where such reassignment is necessary...to ensure adequate staffing for patient care...Travelers will be floated before Regular Nurses..."{A Regular Nurse can be displaced only if s/he is the only one oriented and available to cover an emergency situation in another unit} The Aroostook Medical Center

STAFFING AND TRAVELERS

"No bargaining unit employee’s schedule will be changed without her agreement to accommodate a temporary employee’s or a traveler’s schedule." Calais Regional Hospital

FAIR SHARE OF OVERTIME, VACATION HOURS & WEEKENDS OFF

"Insofar as is reasonably feasible, overtime hours will be offered, over time, on a fair and equal basis among similarly situated Nurses on each shift on each unit."  The Aroostook Medical Center

"Prime time [vacation] ...guidelines have been established...Requests will be considered by bargaining unit seniority by the Prime Time Committee, which will consist of no less than 2 members from management and 4 bargaining unit members. The Prime Time Committee will make every effort to grant each Nurse up to 2 weeks off during the summer prime time and 1 week off during other prime time weeks...For those Nurses who have been denied their summer prime time request, the committee will notify them of any available summer prime time remaining so that they may request these...times, which will be again granted by seniority..." Mt. Desert Island Hospital

"When staffing patterns allow for employees to work less... weekends ...preference for additional weekend time off will be given to employees by seniority on a rotating basis..." Calais Regional Hospital

ORIENTATION

"At least once during the nurse’s orientation period, and usually at the midpoint, the nurse will meet with the unit manager and a steward to discuss the progress of the orientation. The time will be used to provide both management and the nurse an opportunity to voice any concerns that either party may be experiencing in relationship to the nurse’s adaptation to the position. This time will also be used to allow the nurse an opportunity to ask for further orientation, or clarify any concerns the nurse may have concerning the orientation. In no way will this meeting be used in a disciplinary manner, now will the nurse’s request for further orientation be viewed as a sign of inability to perform the normal duties of the position in which the nurse is being oriented. Further, if the nurse feels the need for more than one meeting, or a meeting sooner then at the midpoint of the orientation period, such a meeting will be arranged upon request."  Millinocket Regional Hospital

"Orientees shall not be counted as part of the predetermined staff or scheduling purposes." Mt. Desert Island Hospital

SCHEDULES AND PLANNING YOUR LIFE

"The work schedule will be posted at least two weeks in advance of each four-week schedule on designated bulletin boards... Management will find replacement coverage for Nurses on properly scheduled vacations, holidays and leaves of absence... Nurses will work for no more then five (5) consecutive days unless by mutual agreement between the Nurse and the Hospital." Mt. Desert Island Hospital

PROTECTION AGAINST ENCROACHMENT

"During the term of this Agreement, the Hospital will not use unlicensed assistive personnel to perform work normally performed by nurses." Houlton Regional Hospital

"During the term of this Agreement, [the] Hospital won’t hire UAPs without first negotiating with the Association." Down East Community Hospital

RN SUPERVISION

"Nurses will only be supervised and evaluated by licensed Registered Nurses working as nurse managers or supervisors... Nurses shall not be supervised or evaluated by doctors, physicians’ assistants, non-registered nurses ..." Millinocket Regional Hospital

NURSING AND NON-NURSING DUTIES

"Nurses shall not be generally required to perform "non-nursing" duties other then occasional tasks incidental to patient care as may be reasonably necessary to maintain a clean, safe and therapeutic patient care environment." The Aroostook Medical Center

ACUITY STAFFING

The Hospital and the Association recognize that, depending on patient acuity, the same number of patients in a unit may pose greater or lesser demands on staff. The Hospital shall continue its practice of allowing Charge Nurses to call for additional staff where management has granted and Charge Nurses have accepted the delegation to do so. Accordingly, if a Charge Nurse believes that, owing to patient acuity, the unit reasonably requires additional staff, she should request such staff from management. Management shall, in all such cases, in collaboration with the Charge Nurse, respond in good faith, within reasonable judgment. If such a request is denied, the Charge nurses shall the right to pursue the request through the management chain of command. No Nurse shall ever be disciplined in any way because of a request made in accordance with this section." Houlton Regional Hospital.

INCENTIVES FOR WORKING EXTRA HOURS

(THE BETTER ALTERNATIVE TO MANDATORY OVERTIME)

"The Medical Center will pay bargaining unit Nurses a bonus of $300 for every forty (40) hours worked in excess of their hired hours...(This does not apply to call back hours in departments that assign call...)" Eastern Maine Medical Center

(There is no limit to how many bonuses a nurse may earn, nor is there any time limit within which the 40 extra hours must be worked. As soon as a nurse works 40 hours beyond the hours of her/his employment status, s/he receives the bonus and then starts counting again toward another 40 hours and bonus.)

"All regular full-time, part-time and per diem RNs who agree to work an "unexpected shift" with 24 hours ...[advance] notice shall be paid double time including all applicable differentials on the shift worked...to cover a sick call, an unexpected leave or an unexpected change in patient census or acuity..." Millinocket Regional Hospital

A VOICE IN NURSE PRACTICE

"The Hospital recognizes that due to their education and experience the Nurses covered by this Agreement have a unique contribution to make towards maintaining and improving professional nursing care at the Hospital, and that, therefore, the views and recommendations of the Nurses shall be heard and considered in the decision making processes within the Hospital, as provided by this Agreement...To further this goal, a Nursing Care Committee consisting of two bargaining unit Nurses to be chosen by the Association, two members of Nursing Administration and two members at large shall meet periodically, at least quarterly, at mutually convenient times, to promote continued high quality nursing care, to identify and propose solutions to nursing care problems, and to maintain and promote a professional Nursing atmosphere...The Nurses on the committee may submit proposed agenda items in advance of the meeting date. While participating in the meetings, Nurses shall be paid at their regular rate including shift differentials..." Mt. Desert Island Hospital

EDUCATION

"Tuition reimbursement may be granted by the Hospital, up to a maximum of twelve (12) credit hours per semester, to full time Health Care Professionals (and up to six (6) credit hours per semester to part time Health Care Professionals)...The Hospital agrees to pay, upon request, at least $400 per contract year per regular full time Health Care Professional, and $200 per year per regular part time Health Care Professional for education assistance...The Hospital shall continue to provide continuing education programs...Basic Life Support Course...Advanced Cardiac Life Support...Basic Arrythmia Course...Advanced Trauma Course...Health Care Professionals attending out of town workshops/programs previously approved...will receive travel reimbursement for the use of their personal vehicles...expenses for meals, lodging and registration fees...will not suffer a loss wages for regularly scheduled work missed during the time required to attend such approved workshops/programs... " Maine Coast Memorial Hospital

JUSTICE

"Discipline and discharge shall only be carried out for just cause." Mt. Desert Island Hospital

"If the Hospital intends to base any action upon a complaint made against a Nurse by a patient, family member, physician or manager, it shall promptly advise the Nurse of the nature of the complaint and the person making the complaint. If the complaint is in writing, the Hospital will provide a copy to the Nurse..." Houlton Regional Hospital

"Reassignment shall not be imposed as a disciplinary measure." American Red Cross

RESOLVING PROBLEMS

"The term ‘grievance’ shall mean a claim by a Nurse or by the Association that the Hospital has violated this Agreement ... an employee shall first attempt to discuss the matter with her immediate supervisor ... Formal Grievance Procedure [starts with] ...serve written notice on the Nurse’s supervisor...The supervisor shall respond in writing...If the Nurse and/or the Association are not satisfied with the answer ... shall submit ... to the Director of Nursing ...The director of Nursing shall respond in writing...If the grievant and/or the Association are not satisfied...submit to the Director of human Resources...The Director of Human Resources shall respond in writing...If the Association is not satisfied...the Association may appeal the matter to arbitration...an arbitrator [neutral 3rd party] shall be selected in accordance with the voluntary arbitration rules of [The American Arbitration Association]...The award in writing of the arbitrator ...shall be final and binding..." Houlton Regional Hospital

LETTER OF HIRE

"A letter of hire shall be given each bargaining unit Nurse upon hire. The letter will include the Nurse’s unit and shift; attached to the letter of hire will be a copy of the job description, written personnel policies, and the Agreement." Eastern Maine Medical Center.

THE PURPOSE OF OUR NURSES’ UNION

"The general purpose of this agreement is to ensure that the public utilizing the services of the Calais Regional Hospital shall receive the quality of care to which they are entitled, and to further ensure sound and mutually beneficial economic labor relations between the parties hereto, to provide an orderly and peaceful means for resolving any misunderstandings or grievances, and to set forth herein the basic and full agreement between the parties covering wages, hours, professional practices and other terms and conditions of employment..." Calais Regional Hospital

HEALTH & SAFETY

"If a nurse has reason to believe that she has been exposed to a work situation which may have been injurious to her health, she shall promptly report the situation to her supervisor. The costs of all diagnostic examinations and tests ordered by a physician authorized by the Hospital will be paid for by the Hospital..." Mt. Desert Island Hospital

ME TOO

"If the [employer] shall provide a new benefit plan to ...[other] employees or, if benefits [medical & dental & life insurance, pension & 401K & annuity plan, short & long term disability, liability plan, cafeteria plan] require a less ...contribution or improve their level of coverage for any part... the change shall apply to all Nurses covered by this agreement..." American Red Cross

SECURITY DESPITE CHANGES IN OWNERSHIP

"The Agreement will bind the parties and their successors and assigns." {This legalese means that even if these facilities are bought by someone new, the wages, benefits and working conditions outlined in the Agreement must be observed by the new owner} Community Health Services

SECURITY WITH SENIORITY IN JOB BIDDING AND AWARD

"...seniority will mean the length of a Regular Employee’s continuous employment...calculated from her/his most recent date of hire as a Regular Employee... All vacancies... will be posted on appropriate bulletin boards ...for five work days...Where qualification, experience and performance are relatively equal, seniority shall be the determining factor..." Bangor Area Visiting Nurses

SECURITY WITH SENIORITY FOR LAY OFF

{in the event of a layoff nurses will be laid off in the} "...inverse order of seniority, with temporary, casual, probationary and per diem Nurses, in that order, being laid off first, providing in all cases that the remaining nurses shall have the skill, ability and qualification to perform the work required...Traveling nurses shall be laid off before any bargaining unit nurses are permanently laid provided in all cases that the remaining Nurses shall have the skill, ability, and qualifications to perform the work required..." Millinocket Regional Hospital

"...if there is a reduction in the number of positions, the Nurses in such classification having the least seniority shall be removed from that classification. Those Nurses shall have the right to bump any other Nurse in the bargaining unit having less seniority, and any Nurse so bumped shall likewise have the right to bump...If, as a result of the reduction, a nurse is in a different classification than before the reduction, the Nurse shall have preference for any vacancies at his or her location ...in his or her former classification... ...This preference shall last for two (2) years...Any Nurse who is laid off shall receive severance pay...Nurses will be recalled in the reverse order of layoff..." American Red Cross

SECURITY BY HAVING A VOICE WHEN UNEXPECTED CHANGE OCCURS

"The Association shall have the right to bargain over the effects in wages, hours and working conditions related to any changes in operations, methods or procedures made by the Medical Center in the future which the parties could not reasonably have anticipated at the time of negotiations...." Eastern Maine Medical Center

Do you have questions about what can be in a nurses’ labor contract?

Want to know more about how to get the right to bargain a nurses’ contract?

Call MSNA at 622-1057.


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