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Contract  

 

BETWEEN BAKERSFIELD MEMORIAL HOSPITAL

AND CALIFORNIA NURSES ASSOCIATION (2003-2006)

 

ARTICLE 1.  Management Rights:

 Unless specifically addressed and controlled by this Agreement, the Hospital shall have the unlimited right to manage its business, which shall include the unlimited right to initiate or modify any Nurse wages, hours, terms of employment, or conditions of employment.  The exercise of this right shall not be a breach of this Agreement, and shall not be subject to negotiations (meeting and conferring) between the Hospital and the Association. 

 Following is a list, which is not intended to be exhaustive, of examples of the Hospital’s management rights:  to determine the type and scope of work to be performed in the Hospital, and the health care services to be provided; to determine the methods, processes, means, and places of providing health care services; to effect technological changes in its discretion; to increase or decrease work and to decide which employees are qualified to perform work; to suspend, eliminate, add to, expand, and control the quality of Hospital services; to subcontract or discontinue work for economic, medical, or operations reasons; to contract for supplies or services; to select nurses for hire, scheduling, promotion, demotion, layoffs, or transfer; to manage and direct its business, operations, and work force and maintain the efficiency thereof; to create, change, combine, or abolish jobs,  departments and facilities in whole or in part; to establish work standards, schedules of operation and work load; to specify or assign work requirements and assign overtime; to schedule working hours and shifts; to adopt rules of conduct and penalties for violation of those rules;  The Hospital, for purpose of Weekend Differential, may define its weekend, and may define the qualifications for a Nurse’s receiving such Weekend Differential; Assignment to Charge Nurse and removal from assignment as Charge Nurse shall be at the sole discretion of the Hospital, and the Hospital may define the time period for such assignment, and there shall exist no minimum such time period; assignment as an RNFA, for any specific surgery, shall be at the sole discretion of the Hospital; Assignment to Preceptor and removal from assignment as Preceptor shall be at the sole discretion of the Hospital, and, in particular, the Hospital may define the time period for such assignment, and there shall exist no minimum such time period;   Provided, however, any such exercise of such management rights, directly effecting the wages, hours, or conditions of employment of any Nurse, and directly arising from integration of any Hospital operation with operations of any Hospital affiliate, shall be a “major organizational change to the Hospital,” subject to the notice and opportunity-to-be-heard provisions of the article of this Agreement entitled “Association Voice in Major Hospital Organizational Changes,” and such notice, for this purpose, shall not be fewer than 60 calendar days.  Provided, further, nothing contained in this management rights’ provision shall be construed to limit the Association’s right to grieve Hospital action taken under this management rights’ provision that the Association alleges to violate other provisions of this Agreement; specifically, although establishment of the Hospital’s education certification policies shall be a management right pursuant to the Management Rights provisions of this Agreement, any dispute over whether any Nurse meets the requirements of any such education certification policy shall be subject to these Grievance and Arbitration provisions of this Agreement.

 

 

COLLECTIVE BARGAINING AGREEMENT

BETWEEN LONG BEACH MEMORIAL MEDICAL CENTER, MILER CHILDREN’S HOSPITAL

AND CALIFORNIA NURSES ASSOCIATION

 December 10, 2002 – December 9, 2005

  

ARTICLE 3 – MANAGEMENT RIGHTS

 

  1. Subject to the provisions contained in this Agreement and the laws and regulations governing the health care industry, patient care, nursing practice and other health care providers, the Employer has the right to operate its business which includes the right to determine, change, discontinue, alter, or modify in whole or in part, temporarily or permanently, any of the following:

 

  1. The number, location, or types of programs, services, units, facilities and organizations.

  2. The medical and patient care standards, methods and procedures.

  3. The price of all products and services, the price of all purchases, and the corporate and financial structure of the facilities.

  4. The subcontracting of facility construction and maintenance or work not performed by present or future bargaining unit employees covered by this Agreement.

  5. The equipment and machinery.

  6. The promotion and demotion of all supervisors or any employee to a supervisory position at the facilities, provided that the creation of new supervisory positions or assignments shall not displace bargaining unit employees or their work, except as has been agreed to by the union.

  7. The number and type of employees, including the number and type of employees assigned to any particular unit or shift.

  8. Reasonable standards of performance and whether any employee meets such standards, subject to just cause standards.

  9. The need for and the fait administration of physical examinations, including drug screening, or background information or criminal record checks as they pertain to new, initial, probationary, or inter facility transfer employees.

  10. The direction and supervision of all employees.

  11. The adoption of reasonable rules and regulations for all employees.

  12. The hiring of employees.

  13. The utilization of registry and traveling RNs.

  14. The security of the employees, premises, facilities, and the property of the Employer.

  15. The utilization of the Employer’s premises, equipment, and facilities.

  16. Maintain the current practice with respect to administering drug test(s) to employees.

  17. The selection and retention or discontinuance of all catering and vending machine suppliers and other catering services and the price of their products and services.

  18. The job classifications and the content and qualifications thereof.

  19. The right to promote, reclassify, determine on-call and transfer, to maintain discipline and efficiency; to assign work assignments.

  20. Determine additions or deletions to unit specific skill rosters, and the content of job descriptions.

  21. Assign temporary relief by seniority on a rotational basis from unit assignments to other units or shifts when all other reasonable options have been exhausted.

  22. Define the starting and ending times of shifts.

 

  1. Any dispute arising regarding the exercise of any of the rights of the Employer enumerated above is not subject to the grievance and arbitration provision of this Agreement.  The foregoing shall not preclude a Union grievance or arbitration contesting whether the Employer’s actions or inactions are within the rights enumerated above.

 

  1. During the term of this Agreement, the Union and the Employer agree upon request, to bargain in good faith about the following:

 

1.      Subcontracting of the work currently performed by RNs covered by this Agreement.

2.      The utilization of employees not covered by this agreement to do work, which is currently done by RNs covered in this Agreement.

3.      Any management right not expressly provided for in this Agreement.

 

If no agreement is reached and the parties are at an impasse as to any of the above three issues, the Employer may implement its last proposal.

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