Kaiser Therapists Negotiations Update: June 27, 2013
The following is a summary of all agreements reached at negotiations:
Preamble: The local agreement and national agreement should be consistent with each other and the principles of the Labor Management Partnership, unless expressly stated otherwise.
Agreement: The agreement is made between Kaiser and UNAC/UHCP.
Courtesy: The Employer and the Union agree to encourage everyone, regardless of position or profession, to perform in an efficient, courteous and dignified manner when such individuals interact with fellow employees, physicians, patients and the public.
Rights of Management: Rights of management are limited only by the provisions of the contract.
Strikes & Lockouts: During the term of the contract management will not lockout therapists and the therapists will not go on strike.
Union Membership: All therapists covered by the contract will be part of the Union.
Non-Discrimination: Discrimination will not be tolerated.
Safety and Health: The Union and Kaiser recognize the importance of promoting a safe and healthy work environment.
Savings Clause: If any part of the contract is in conflict with the state and federal laws, the rest of the contract remains intact.
Recognition and coverage: UNAC/UHCP is recognized as the representing Union of the Southern CA therapists who are covered in the contract.
Union Representation: The Union can appoint representatives to conduct Union business. There will be no discrimination due to Union activity. Employees will be allowed to take a Union leave of absence for Union business. The Union has the right to visit and talk to employees at their worksite, attend new employee orientation to talk with newly hired therapists about the Union and hold meetings on site were therapists work. A Union bulletin board may be provided at locations where therapists regularly work.
Grievance and Arbitration: If an employee believes the contract is not being followed or they have questions relating to wages, hours of work or conditions of employment, they can utilize the grievance procedure. Sets up a 3 step grievance process. Each step provides for a response within 15 calendar days. This article provides a process that will help you to enforce your contract up to and including an arbitration hearing with a neutral arbitrator.
Corrective Action/Discipline: Therapists will have due process when facing discipline. Therapists are no longer at will employees- terminations are for just cause only. Therapists will have a right to be represented at meetings that are investigatory, accusatory, or disciplinary in nature.
Probation and Evaluation: Prior to the contract Kaiser had the right to keep an employee on probation for an indefinite time, now it is limited to 5 months. Performance evaluations will not be used as a means of discipline, and therapists can indicate any agreement or disagreement on the form.
New or Revised Jobs: If a new job is created or an existing job is revised, Kaiser will present the job description and rate to the Union prior to implementing the change.
Harassment: Harassment will not be tolerated.
Seniority: Provides only the general definition of seniority, but not how or if it will be used in the workplace setting. Bargaining unit seniority is the most recent date the employee entered into a therapist position represented by the Union.
A represented therapist who voluntarily chooses to leave Kaiser after having worked a minimum of 6 months but returns to a bargaining unit position within a year (18 months for those who leave to participate in a Kaiser fellowship or residency) will maintain the seniority they earned prior to leaving, as well as their previously accrued service credit for wages and benefits.
If there is a reduction in force, Kaiser will first discontinue the use of registry and travelers, then use the following order: 1. Volunteers 2. Voluntary changes in status (based on operational feasibility) 3. Temporary employees (excluding residents and fellows) 4. Residents and Fellows 5. Per Diem by bargaining unit seniority 6. Full time and part time employees by bargaining unit seniority.
If Kaiser wishes to move employees to a different location or expand operating hours, they will meet with the Union to bargain those changes; if they cannot reach agreement a bid through process will be conducted using bargaining unit seniority.
Our next negotiation sessions are July 8, 15 and 16.
New negotiation dates are scheduled for August 7, 8, 13, 14, 22 and 29!