Page One Archive

March 2008 —

UC’S SETTLEMENT PROPOSAL, MARCH 10, 2008

UC’s Basic Settlement Offer

Wages:   In summary, the University offers:

1.      The equivalence of retroactivity of the UC October wage offer for each location, as provided on the attached offer, either in the form of full retroactivity at some locations, a lump sum payment to each RN at some locations, or an increase in the salary offer that provides the equivalent of a retroactive payment in the form of additional wages paid by September 30, 2008.

2.      Range adjustments that address market movement.

3.      Within range increase for eligible nurses effective July 2008 (October for LBNL).

4.      Increases in the on-call rates, shift differential and/or number of steps in the range, pursuant to the specifics from each location’s response to the market needs. 

Benefits:  The University proposes current contract language in the Benefits article, the proposed Appendix, and the proposed Side Letter on Retirement benefits.

Parking:  The University’s proposal will remain unchanged, consistent with the Fact-finder’s recommendation.

Duration:  The University proposes that the contract extend through September 30, 2010, with wages and benefits open in the early autumn of 2008 and 2009.   

Enhanced Settlement Offer: Changes in Exchange for PTO

Paid Time Off:    The University seeks a paid time off (PTO) plan that is in keeping with industry practice and labor contract provisions already negotiated by CNA with other California hospitals.  In essence, PTO is a time off bank that is a combination of vacation and a portion of sick leave that the employee manages.  PTO is used for the first 24 hours of absence for any reason, including some illnesses.  Traditional sick leave is used thereafter or, in cases involving hospitalization or serious illness of staff or their family members, from the first day of absence.

The University's PTO proposal recognizes that each staff member is in the best position to plan and manage her/his time off needs if given a means to do so.  This in turn results in more favorable staffing outcomes because last minute replacements are not needed as often.  When given the chance to participate, many staff view PTO as an added benefit.  It is in this spirit that the PTO benefit is being extended to nurses.

Overall, the Fact-finding Chair did not find merit in CNA’s concerns with the PTO program proposed by the University, including CNA’s allegations that “PTO makes RNs come to work sick”.

However, the Chair did attempt to address CNA’s allegations that the University’s proposal that newly employed RNs be required to participate in PTO and that current RNs have a choice about participating is “divisive”.  The Chair proposed that the plan be voluntary for everyone, with each RN having an opportunity to enter and exit the PTO plan at least once.  The University disagrees with this recommendation, because PTO requires the consistent participation of staff to avoid adverse selection consequences. This will enable the University to direct more of its total budgeted vacation and sick leave dollars to reward staff who plan their absences effectively by converting some sick days to PTO and by offering bonus payments. 

CNA expressed a second concern in support of its “divisiveness” argument: CNA stated a concern that once PTO becomes the sick/vacation program for a majority of RNs, UC would attempt to require all RNs to participate in PTO.  UC proposes to address this CNA concern by offering a contract commitment that the voluntary nature of PTO for currently employed RNs cannot be proposed for re-negotiation by the University.

In addition to the University’s offer in wages, benefits, parking and duration, the University offers the following contract improvements in exchange for CNA’s agreement to the University’s PTO proposal, in which PTO is required for new nurses and permanently elective for currently employed nurses:

Educational/Professional Development:  The University is wiling to make the following improvements to current contract language:

1.      Nurses released from work for a full shift who participate in a class of at least eight (8) hours would receive educational leave hours equal to the number of hours in her/his scheduled shift.

2.      The University will grant a nurse’s request to participate in qualified educational leave courses on the nurse’s day off.

Shift Rotation:  The University proposes to adopt the essentials of the new concept suggested by the Fact-finding Panel Chair regarding mandatory rotation between day – evening – night shifts.

Changes to the current method of scheduling shifts in a manner that will continue to ensure proper skill/competency mixes on all shifts will require an implementation period.  The University proposes to implement the following processes by no later than September 1, 2008:

1.      The University will first select nurses who were hired under the condition that they rotate shifts, and those who volunteer;

2.      The University will not require career nurses with ten (10) or more years University RN service to rotate unless, at the time of such assignment to rotate, the University provides the nurse with a statement of the reasonable basis for the shift rotation.

3.      The University will ensure that a nurse who is required to rotate from a day, evening, or night shift has at least forty-eight (48) hours rest between shifts, unless the RN requests less time off.

Of course, these restrictions do not apply to RNs called in to work from on-call status.

Filling Vacant Positions:  The University recognizes the need to balance its desire to recruit and hire the most qualified nurses to work at UC medical centers with the need to ensure that equally qualified UC RNs receive priority in the selection process.  However, because the University must meet non-discrimination requirements, recruitment for all vacant positions must include the recruitment of both internal and external candidates. 

The University will address concerns about external candidates being given preference over qualified internal candidates, by proposing that a qualified internal applicant who is substantially equally qualified with the applicants receiving final consideration will be hired before any other qualified external applicant.  The University will consider issues such as licensure, certifications, experience, seniority, skills and abilities, performance evaluations, discipline and job references in assessing qualifications.

Leaves of Absence:  The University can agree to the inclusion of the disaster relief language provided in the University’s enhanced proposal.

Layoff:  The University will propose language that addresses the clinical ladder aspects of the Clinical Nurse series and layoff rights of RNs in that series.

Grievance & Arbitration Procedure:  The University proposes to adopt the Factfinder’s proposal that it cut back on the time limits to select an arbitrator, thereby ensuring that the total number of days it takes a case to get to arbitration is not expanded, while also ensuring a nurse’s right to have her/his allegation that the location has violated the contract reviewed and addressed by the Office of the President.

Probationary Period:  The University agrees to the Fact-finder’s proposal that an extension to a nurse’s probationary period requires agreement of the parties.

No Strikes:  The University proposes to add the language recommended by the Fact-finder which ensures that RNs are aware of the consequences of violating the no strikes provisions of the agreement, while also making it clear that any discipline must be for just cause.

Nurse Representative Release Time:  The University proposes to clarify the provisions relating to release time (see attached).  In addition, the University

1.      withdraws its proposal that Chief Nurse Representative release time be prorated,

2.      accepts the Fact-finder’s recommendation that the nurse representative at each location be allowed to use up to 4 hours of the monthly 12-hour allotment for local nurse representative facility meetings;

3.      accepts the Fact-finder’s proposed language regarding Per Diem Nurse Representatives, and Student Health Center representatives.

Release Time for Bargaining: The University is willing to continue current contract language.

Nurse Lists & Distribution of Material:  The University will agree that nurse representatives can use a reasonable amount of their 12-hours monthly allocation of release time to distribute copies of the labor agreements when they are printed and ready for distribution, and will propose language that clarifies the practices used by the parties for the finalization and printing of the agreement.

Recognition and Bargaining Unit Classifications:  The University can include language the parties discussed during mediation.

Technology:  The University can include language the parties discussed during mediation.