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Contract  

 

BETWEEN

CATHOLIC HEALTHCARE WEST

AND CALIFORNIA NURSES ASSOCIATION

REPRESENTING SAINT FRANCIS MEMORIAL HOSPITAL

AND ST. MARY’S MEDICAL CENTER

July 1, 2003 – June 30, 2005

 

ARTICLE 4 - ASSOCIATION MEMBERSHIP

 

4.1       The parties mutually agree that the purpose of this Agreement is to foster the provision of therapeutic and effective care for the sick, which strives to enhance the health of the people living and working within the community, recognizing the diversity and unique needs of individuals.

 

4.2       The Facilities recognize that the Association has responsibility for and contributes to fostering high standards of nursing practice, and that through membership in the Association the professional nursing staff in the Facilities will be improved.  The Facilities and the Association further recognize that nursing care will not be conducted in violation of any state and federal statutes and regulations.

 

4.3       The intent of the parties to this Agreement is to encourage membership in the Association.

 

4.4 Section A - Required Membership

 

4.4.1.   Within thirty-one (31) days after employment or within thirty-one (31) days after the execution of this Agreement, whichever is the later date, each general Staff Nurse subject to this Agreement shall join and maintain membership in the Association as a condition of employment.  This requirement shall not apply to Nurses who were employed by the Facilities prior to January 1, 1962; provided, however, that effective as of the execution date of this Agreement such Nurses as a condition of employment shall either join and maintain membership in the Association or pay monthly to the Association a service charge equal to the monthly dues paid by Association members.

 

4.5 Section B - New Employee Notices

 

4.5.1.   Within thirty (30) days after ratification of this Agreement, the Faci1ities will provide, electronically and by hard copy, the Association with a master list of all employed Nurses who are subject to the provisions of this Agreement, giving the names, addresses, classifications, social security numbers, dates of employment, FTE status, wage rates and cost center. Each month subsequent to the establishment of the master list, the Facilities will forward, electronically and by hard copy, to the Association the names, addresses, classifications, social security- numbers, and dates of employment of new hires and the names of Nurses who have resigned or who have been terminated. At the request of the Association, a master list shall be provided no more than twice a year at the request of the Association.

 

4.6  Section C - Maintenance of Membership

 

3.6.1.   Any Registered Nurse who fails to join or maintain membership in the Association as provided above shall, upon written notice from the Association (and after an opportunity for counseling), be given fourteen (14) days’ notice of termination or allowed to resign.

 

4.7 Section D - Payroll Deduction of Association Dues

 

4.7.1.   Written Assignment    During the term of this Agreement, the Employer will honor written assignments of salary to the Association for the payment of Association membership dues or service charge when such assignments are submitted in a form agreed to by the Facilities and the Association

 

4.7.2.   Remitting Dues   The Facilities will promptly remit the membership dues or service charge deducted pursuant to such assignments with a written statement of the names of the employees for whom deductions were made. Normally, the deductions will be made on the first pay period of each month for the then current membership dues. However, the Association and the Facilities may make other arrangements by mutual consent.

 

4.8 Section E - Indemnification

 

4.8.1.   The Association shall indemnify the Hospital and hold it harmless against any and all suits, claims, demands and liabilities that shall arise out of, or by reason of, any action that shall be taken by the Hospital or its agents for the purpose of complying with the foregoing section of this Article unless the claim is the result of the fault or negligence of the Hospital.

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