SEIU 1199 – UW (Harborview) Negotiations Recap for June 9, 10, and 11
Background
This recap details the ninth, tenth, and eleventh virtual sessions between the UW and Service Employees International Union 1199NW for the renewal of the collective bargaining agreement (CBA) for Harborview Medical Center/Airlift Northwest (HMC/ALNW). While the eleventh session concerned the entirety of the CBA, the ninth and tenth sessions focused on Speech Pathologists and Respiratory Therapists, two groups of employees that petitioned to join the union and were certified by the Public Employees Relations Commission (PERC) this past year. Recaps are published online on the UW Labor Relations website.
SEIU 1199 Initial Proposals – Respiratory Care Specialists
Professional Development – The Union proposed a Memorandum of Understanding (MOU) stating that Speech Language Pathologists would be granted 40 hours paid time per year (prorated for part-time) for educational and/or professional leave and $800.00 per year (prorated for part-time) in an educational support fund.
Union Economic Proposal (RCSs) – The Union proposed that the current job classification Respiratory Care Specialist would be moved to a new classification on Pay Table BS at Pay Range 80. The Union proposed that all employees be placed at a step on the new range that is closest to, but not under, their current step value. The Union also proposed that all premiums applicable to Respiratory Therapists/Care Practitioners in Article 45 Wages and Other Pay Provisions would apply to Respiratory Care Specialist.
UW Economic Presentation
Milliman Classified Staff Salary Study – UW HR Compensation presented an analysis of how the compensation for benchmark job classifications compare to market. The analysis is based on salary data (actual data) from the published 2021 NW Healthcare Milliman survey and can be found here.
UW Initial Proposals
Recruitment and Retention Increase – The Employer proposed to increase the wage scale for RN2s by 3% for recruitment and retention purposes. The Employer also proposed that the RN 3 scale would be amended to maintain the RN3 scale at 8% above the RN 2 scale at each step of the wage scale.
Temporary Assignment to a Higher Position – The Employer proposed that an employee temporarily assigned to perform the principal duties of a higher-level nursing position for a period of five or more working days would be paid a temporary salary increase (TSI) of at least five percent over the present salary but not to exceed the maximum of the range for the higher classification, replacing language stating the employee would receive a salary that represents a two-step increase beyond their current step.
Holiday – The Employer proposed to add Juneteenth as an additional paid holiday.
Weekend – To address which shifts qualify for the weekend shift premium, the Employer proposed that any employee who works more than five weekend shifts within a four week schedule block would be paid at the rate of time and one-half the regular rate of pay for all actual weekend hours worked after five shifts within the scheduled block. This would not apply to work time spent for educational purposes. Time spent on paid time off (sick time off, vacation time off, compensatory time off), would not count as a weekend shift worked. Stand by shifts and hours worked when on standby would not count as a weekend shift worked.
Rest Between Shifts – The Employer proposed to consolidate language regarding the Rest Between Shifts premium. Instead of different job profiles at different shift lengths qualifying for the premium according to different lengths of rest between shifts, the Employer proposed that all employees who qualify for the premium would qualify if they do not receive an unbroken rest period of eleven hours between scheduled shifts. In the event an employee is scheduled without the appropriate rest between shifts as specified above, all time worked within the eleven hour rest period would be paid at time and one-half.
Voluntary Low Census – The Employer proposed a new provision that would allow the Employer to seek volunteers for low census, which the Employer defined as a decline in patient care requirements resulting in an opportunity to temporarily decrease staffing. Under this proposal, employees on shift who are volunteering to go home due to low census would use vacation time off or compensatory time off for the applicable hours. Employees who are off shift and volunteering to not report to work due to low census could use leave without pay, vacation time off, compensatory time off, or personal holiday for the applicable hours. Employees could also agree to be placed on standby and compensated according to current contract language. Every effort would be made to notify the employee for the need for low census as early as possible prior to the start of the shift but not later than the one hour prior to the start of their shift. It would also be made clear on the call that low census is voluntary.
Work Shift – The Employer proposed language defining eight-hour, ten-hour, and twelve-hour shifts, each of which include a 30-minute meal period to be taken on the employee’s own time if relieved of their duties. Current language only describes the eight-hour work shift.
Work Schedules – The Employer proposed that the current language around work schedules (stating how long the schedule is and when it would be posted) would apply to employees that do not have fixed patterns or set schedules.
Layoff – The Employer proposed that leave without pay would not affect seniority for layoff, regardless of the length of the leave. The Employer further proposed that positions offered to nurses as layoff options would be positions with any FTE, rather than positions that are only within 0.2 FTE of the nurse’s current FTE.
Restructure – The Employer proposed to strike language describing restructure, which describes how the new FTEs for a unit would be posted and how employees in the unit being restructured would be assigned to their new FTEs.
Department Seniority – The Employer proposed language defining department seniority (as differentiated from layoff seniority). The language states department seniority is defined as continuous length of service in calendar days within the employee’s department, and that department seniority would be used for internal department processes.
Resignation – The Employer proposed to decrease the time employees would make an effort to provide notice of resignation from 30 days to two weeks. Additionally, the Employer proposed that resignations could be withdrawn within 24 hours, excluding the employee’s scheduled days off, but the Employer could permit withdrawal of a resignation at any time. The Employer also proposed to add language outlining the process by which the Employer shall deemed resigned an employee who fails to appear for work and report absence to the supervisor on three consecutive scheduled work days.
Workers’ Compensation – The Employer proposed that employees who suffer a work-related injury or illness that is compensable under the state worker’s compensation law could select a combination of time off payment and time loss compensation without deduction for time loss insurance payments. The Employer also proposed to strike language stating that employees could select time off payment exclusively in these cases, as workers’ compensation is an entitlement that cannot be waived.
Grievance Procedure – The Employer proposed to increase from 14 to 30 the number of days the UW has to respond in writing after a Step Two grievance meeting.
Nondiscrimination – To reflect current law, the Employer proposed to add language stating that discrimination based on race extends to traits associated with race (e.g. protective hairstyles). The Employer also proposed to add immigration status and citizenship as basis for discrimination against which employees are protected.
Off the Job Activities – The Employer proposed to strike language stating that the private and personal “off the job” lifestyle and activities of an employee would not be legitimate grounds for disciplinary action initiated by the Employer, except where such lifestyle or activities constitute a direct conflict of interest as set forth in the law or are directly detrimental to the employee’s work performance.
Mandatory Subject – The Employer proposed that the Union would have thirty calendar days to request bargaining after receiving notice regarding changes to working conditions. The Employer proposed that a valid demand to bargain would include at least three (3) available dates and times to meet within the next thirty days.
Union Activities – To streamline the information requests process, the Employer proposed that only staff representatives, rather than staff representatives and stewards, could make information requests to Labor Relations. Additionally, the Employer proposed that the annual list of Union delegates the Union sends to Labor Relations would include the delegates’ supervisors.
Union Dues – The Employer proposed a web-based system through which the Union would submit dues authorization, thereby eliminating manual entry.
Negotiations for the Successor Agreement – The Employer proposed that in the negotiations for the 2023 – 2025 successor agreement, the parties would schedule at least three (3) full days of bargaining for ALNW only
Medical and Insurance Benefits – The Employer proposed to incorporate the agreement reached at the state level healthcare Coalition bargaining. New language states that if changes to the long-term disability benefit structure occur during the life of the agreement, the Employer recognizes its obligation to bargain with the Coalition over impacts of those changes within the scope of bargaining. Additional new language states that eligible employees will be provided information regarding the benefit and use of the FSA funds at new employee orientation, during open enrollment periods, and at the beginning of each plan year.
The Employer proposed housekeeping edits only on the following provisions:
- Article 34 – Duration of Agreement
- Article 44 – Classifications and Reclassifications
- Article 48 – Temporary Diagnostic Imaging Employees
- Appendix I – Job Classifications
- MOU – EDI Council Workgroup Staff Focused
- MOU – Callback from Standby
- Side Letter G – UPASS
The Employer proposed current contract language on the following provisions:
- Article 2 – Nondiscrimination
- Article 17 – Vacation Schedule
- Article 19 – Job Posting & Transfer
- Article 25 – Leave Due to Family Care Emergencies
- Article 31 – Health and Safety
- Article 36 – Corrective Action/Dismissal Process and/or Resignation
- Article 41 – New Employee Orientation
- Article 42 – Union Activities
- Article 43 – RN Extended Leave
- Article 44 – Classifications and Reclassifications
- Article 45 – Wages and Other Pay Provisions
- Article 46 – Privacy
- MOU – Committees – Dietitians
- MOU – Dietitian Premiums
- Side Letter B – Meal/Rest Breaks and Reporting
- Side Letter E – Diversity and Inclusion
- Side Letter H – PFML Communication
The Employer proposed to tentatively agree to current contract language in the following unopened provisions:
- Preamble
- Article 1 – Purpose
- Article 3 – Reasonable Accommodation of Employees with Disabilities
- Article 4 – Recognition/Employer
- Article 5 – Affirmative Action
- Article 8 – Employee Facilities
- Article 10 – Bargaining Unit Classes/Definitions
- Article 11 – Educational and Professional Development
- Article 12 – Scholarship Fund – Registered Nurses
- Article 13 – Tuition Exemption Program
- Article 14 – Employment Practices
- Article 15 – Committees
- Article 18 – Sick Leave
- Article 20 – Miscellaneous Leave
- Article 21 – Family Medical Leave Act and Parental Leave
- Article 22 – Management Rights and Responsibilities
- Article 23 – Performance of Duty
- Article 24 – Unpaid Holidays for a Reason of Faith or Conscience
- Article 26 – Civil/Jury Duty Time Off and Bereavement Time Off
- Article 27 – Leave Related to Domestic Violence, Sexual Assault or Stalking
- Article 29 – Military Leave
- Article 32 – Subordination of Agreement and Saving Clause
- Article 33 – Complete Agreement
- Article 35 – Drug and Alcohol Free Workplace
- Article 37 – Temporary Nurses
- MOU – Harborview Nursing Scholarships
- MOU – Respiratory Therapists Skills Training
- Side Letter A – Parking/Non-Nursing Work
- Side Letter C – Break Relief Practices
- Side Letter F – Tracking Discrimination and Bias
The Employer proposed to move into the body of the contract the following MOUs:
- MOU – Airlift Northwest Reassignment (move to Article 47.11 – Airlift Northwest)
- MOU – Quarterly JLM Committees (move to Article 15 – Committees)
- MOU – Salary Overpayment Recovery (create a new article)
The Employer proposed to strike the following MOUs and side letters:
- MOU – Article 17 Vacation Schedule
- MOU – Commitment to Staff Consistently with Approved Plans
- MOU – Dietitian Bargaining Unit and Wages
- MOU – Lump Sum Payment
- MOU – Pharmacy Tech Pay Range Increase
- MOU – Top Salary Steps for Pay Table BE and BS
- Side Letter D – 4WH Rehab
UW Initial Proposals – Respiratory Care Specialists (RCSs)
Work Day and Overtime – The Employer proposed that only time worked beyond 40 hours within the defined workweek of Monday through Sunday would be considered overtime (rather than time worked beyond a standard day or pay period) for Respiratory Care Specialists.
Professional Development – The Employer proposed that Speech Language Pathologists would be granted 40 hours paid time per year (prorated for part-time) for educational and/or professional leave and $800.00 per fiscal year (pro-rated for FTE) in an educational support fund.
Employer Economic Proposal – The Employer proposed that the current job classification Respiratory Care Specialist would be moved to a new classification on Pay Table BS at Pay Range 76. The Employer proposed that all employees be placed at a step on the new range that is closest to, but not under, their current step value. The Employer further proposed the following premiums:
- Evening shift differential: $2.00
- Night shift differential: $2.75
- Standby pay: $3.75
- Weekend: $2.50
- Certification: $1.25
- Substitute Lead: $2.00
- Preceptor: $1.50
UW Counter Proposals
ALNW Education Support Funds – In response to the Union’s proposal, the Employer proposed that ALNW would reimburse Juneau-based RNs with an FTE of .6 or greater up to $300 each fiscal year for one round trip flight to Seattle between the months of October through April in order to attend education courses not offered by the Employer.
Flight Nurse Replacement – In response to the Union’s proposal, the Employer proposed that if a shift is still not filled after offering a shift that needs to be filled as extra straight time to other nurses at the base and then other nurses at other bases, then the shift would be offered at the rate of one and a half times the flight RN’s base pay.
Flight Nurse Certification – In response to the Union’s proposal, the Employer proposed that a flight nurse with a qualifying certification would be eligible for certification premium pay for all hours paid, rather than all hours worked. All hours paid includes paid time off; all hours worked does not.
Speech Language Pathologist (SLP) Education Support Funds – In response to the Union’s proposal, the Employer proposed that they would provide $750 per fiscal year for the SLP Education Support Fund, based on departmental reimbursement policy, pro-rated for FTE.
SLP Fixed Duration Appointments (FDAs) – In response to the Union proposal, the Employer added language to their proposal for FDAs for SLPs, stating that if the FDA appointment is ended due to funding interruption, upon request, the Speech Pathology Trainee would be placed on a Rehire list subject to the conditions of current contract language. The Employer also added language stating that time worked in an FDA would count towards seniority for employees who are appointed to a regular monthly position without a break in service.
SLP Work Day and Overtime – The Employer accepted the Union’s proposals that current language in Article 9 Hour of Work and Overtime would not apply to the job classifications SLP 1, 2, and 3, and that these SLPs would be overtime exempt. The Employer’s proposal included language stating that the Employer would follow their standard practice for complying with the FLSA and WMWA L&I salary threshold.
Next Steps
The next UW and SEIU 1199 bargaining session for the HMC/ALNW CBA is scheduled for June 18 and will be held virtually.