Labor Relations

SEIU 1199 – UW (Harborview) Bargaining Update

Background

This update details all proposals made between June 12 and July 19 for the renewal of the collective bargaining agreement (CBA) between the UW and Service Employees International Union 1199NW for Harborview Medical Center/Airlift Northwest (HMC/ALNW). Recaps are published online on the UW Labor Relations website.

Tentative Agreements

The parties tentatively agreed on the following provisions:

Article 2 – Non-Discrimination

  • New language in the non-discrimination article aligns with new state law clarifying that discrimination based on race extends to traits associated with race (e.g. protective hairstyles).

Article 7 – Union Membership, Dues Deduction, Status Report

  • Updated to state that authorizations for deductions of dues the union submits to the Employer will be transmitted via a web based electronic reporting system.

Article 16 – Holiday

  • Added Juneteenth (June 19) as a paid holiday

Article 25 – Leave Due to Family Care Emergencies

  • For a family care emergency, employees may use up to three work days per calendar year of each: compensatory time, vacation time off, sick time off, and unpaid time off. They may also use their personal holiday.
  • Accrued sick time off in excess of three days may be used when the employee’s child’s school or day care has been closed by a public official for any health related reason.

Article 28 – Health Insurance and Pension

  • Incorporated the agreement reached at the state level healthcare Coalition bargaining.

Article 34 – Duration of Agreement

  • The contract cycle will be in effect from July 1, 2021 through June 30, 2023.

Article 44 – Classifications and Reclassifications

  • Housekeeping edits only.

MOU – Salary Overpayment Recovery

  • Moved this MOU to the body of the contract as its own article.

The parties tentatively agreed to current contract language on the following 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 12 – Scholarship Fund – Registered Nurses
  • Article 13 – Tuition Exemption Program
  • Article 14 – Employment Practices
  • 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 30 – Worker’s Compensation Leave
  • Article 32 – Subordination of Agreement and Saving Clause
  • Article 33 – Complete Agreement
  • Article 35 – Drug and Alcohol Free Workplace
  • Article 36 – Corrective Action/Dismissal Process and/or Resignation
  • Article 37 – Temporary Nurses
  • Article 39 – Resignation
  • Article 43 – RN Extended Leave
  • Article 46 – Privacy
  • Appendix VI – PA-ARNP New Hire Wages

The parties tentatively agreed to extend the following memoranda of agreement and side letters for the 21-23 contract cycle:

  • MOU – Commitment to Staff Consistent with Approved Plans
  • MOU – Harborview Nursing Scholarships
  • MOU – Medical Errors
  • MOU – Respiratory Therapists Skills Training
  • Side Letter A – Meal/Rest Breaks and Reporting
  • Side Letter E – Diversity and Inclusion
  • Side Letter F – Tracking Discrimination and Bias
  • Side Letter G – UPASS

The parties tentatively agreed to strike the following outdated memoranda of agreement and side letters:

  • MOU – Dietitian Bargaining Unit and Wages
  • MOU – Lump Sum Payment
  • MOU – Pharmacy Tech Pay Range Increases
  • MOU – Top Salary Steps for Pay Table BE and BS
  • Side Letter D – 4WH Rehab

Airlift Northwest (ALNW)

ALNW Education Support Funds – In response to the Union’s proposal, the Employer withdrew their proposal to restrict the months that ALNW would reimburse employees for travel to attend education courses. Under the Employer’s current proposal, Juneau-based RNs with an FTE of .6 or greater up to $300 each fiscal year for one round trip flight to Seattle in order to attend education courses not offered by the Employer.

Aircraft Out of Service – In response to the Union, the Employer agreed to increase drive time to Pasco from three hours to three and a half hours.

Base Closure – In response to the Union, the Employer withdrew its proposal to reduce from 60 to 45 the number of days’ notice for closing a base outside of Washington State.

Respiratory Care Specialists (RCSs)

Overtime – The parties tentatively agreed that for RCSs, only time worked over 40 hours in the defined workweek of Monday through Sunday would be paid at the overtime rate.

Education – The parties tentatively agreed that RCSs who have completed their probationary period would be granted up to 40 hours per fiscal year, prorated for part-time, for each individual bargaining unit employee for educational and/or professional leave. The Employer would grant a minimum of 24 hours of educational/professional leave per fiscal year to employees requesting such leave. The parties also tentatively agreed that RCSs would be granted up to $800.00 in educational support funds per FTE, pro-rated. 

Premiums – The parties tentatively agreed that RCSs would receive the following premiums:

  • Evening shift differential: $2.00
  • Night shift differential:  $2.75
  • Standby pay: $3.75
  • Weekend: $2.50
  • Certification Pay: $1.25

Wages – The parties tentatively agreed that RCSs would be moved into a new SEIU 1199NW HMC job code on Pay Table BS at Pay Range 78. All employees would be placed at a step on the new range that is closest to, but not less than, their current step value.

Speech Language Pathologists (SLPs)

Overtime – The parties tentatively agreed that the provisions related to hours of work and over time would not apply to the job classifications SLP 1, 2, and 3, and that these classifications would be overtime exempt.

Committees – In response to the Union’s most recent proposal, the Employer counter proposed that up to two SLPs plus a Union representative would receive paid release time to attend an SLP Committee. The Union could bring additional bargaining unit members, but those members would not receive paid release time. Between the date of ratification and January 1, 2022, this Committee would schedule on a predetermined basis a meeting every other month and otherwise as needed. After January 1, 2022, the Committee would schedule on a predetermined basis a meeting every quarter and otherwise as needed.

Education – The parties tentatively agreed that SLPs who had completed their probationary period would be granted up to 40 hours per fiscal year shall be granted to each individual bargaining unit employee and prorated for each individual part time bargaining unit employee for educational and/or professional leave. The parties also tentatively agreed that the Employer would provide $750.00 in educational support funds per fiscal year, based on departmental reimbursement policy, pro-rated for FTE.

Premiums – The Union proposed that SLPs would be eligible for the $3.75 per hour float pay premium for all hours worked if the employee floats between inpatient and outpatient Speech Units, and that SLPs would be eligible for preceptor pay.

Wages – In response to the Union’s most recent proposal, the Employer maintained its proposal that the current job classification Speech Pathologist/Audiologist Specialist 1 be split into two new classifications, SLP 1 Pay Table BC and SLP 2 Pay Table BC. The Employer increased its proposal for the pay range for SLP 1 from Pay Range 53 to Pay Range 54, and the pay range for SLP 2 from Pay Range 55 to Pay Range 56. The Employer also maintained its proposal that the current job classification Speech Pathologist/Audiologist 2 be moved to a new classification, SLP 3 at Pay Table BC, but increased the proposal for the pay range from 59 to 60.

Union Counter Proposals

Wages – The Union maintained its proposal to increase wages across-the-board by 5% on July 1, 2021, but in response to the Employer, the Union proposed that in the second year of the contract, wages would increase another 4% (rather than the 5% originally proposed).

Premiums – In response to the Employer, the Union maintained its proposals for premiums. However, the Union proposed that new shift differentials and the weekend premiums would not go into effect until the second year of the contract, rather than the first. The Union’s original economic proposal can be found here.

Pay Increases – In response to the Employer, the Union decreased by 1% each of its initial proposals to increase the wages for different job classifications. The Union’s original economic proposal can be found here.

COVID Relief and Recovery – In response to the Employer’s opinion that the Employer cannot provide healthcare funding that hasn’t been agreed to by the state of Washington, the Union withdrew its proposal that the Employer would reimburse up to $1,000 annually per employee for behavioral health or mental health services. The Union also reduced its proposal for COVID-19 Relief time off hours every quarter from twenty-four to twelve hours for each employee. They also reduced the length of time employees would receive this time off. The original proposal was that they would receive it through June 30, 2023; the Union’s current proposal that employees would receive it through June 30, 2022. The Union otherwise maintained its proposal regarding COVID relief and recovery.

Reducing Call and Standby Hours – In response to the Employer, the Union modified the staffing triggers that would require the creation of an FTE to reduce the number of standby shifts. Under this counter-proposal, a new FTE would be created in circumstances in which 75% or more of scheduled standby shifts required callback (rather than 50%), and/or circumstances in which employees are scheduled for more than 120 hours of standby in a month (rather than 96). The Union maintained its proposals for call rooms and rest between shifts.

Break Relief – In response to the Employer, the Union withdrew its proposal for a break relief nurse in the Emergency Department, but maintained its proposals for break relief nurses on 9EH BPICU, 9MA and MB TSICU, 2WH NCCU, and 2EH MCICU.

PA-ARNP Training Committee – As a counter to the Union’s proposal to start a mentorship program for APPs, the Employer proposed to start a workgroup to discuss an onboarding and training program for PA-ARNPs. The Union accepted this counter-proposal, but added specifications for composition of the workgroup and how often the workgroup would meet. The Union’s counter included parameters from its initial proposal for the mentorship program the workgroup would create.

Education Expenses – The Union accepted the Employer’s counter-proposal stating that, upon request and excluding some travel and accommodations expenses, departments would pay for continuing education expenses in lieu of requiring the employee to seek reimbursement. Requests for departments to pay for continuing education expenses in lieu of reimbursement would have to be made at least six weeks in advance. The Union proposed that the Employer would make a good faith effort to process employee reimbursements within two weeks and that reimbursement timelines would be reviewed at JLMs on a quarterly basis. The Union has withdrawn its proposal that unused education funds would roll-over into the next fiscal year as pooled funds and has accepted the Employer’s counter-proposal that servicing or processing fees for trainings offered by the Employer would not be counted towards an employee’s total education support funds.

Health and Safety – In response to the Employer’s concern that there are many entrances to the Emergency Department, which would make accepting the Union’s proposal to post security guards at all entrances significantly burdensome, the Union adjusted their counter to say that only exterior entrances of the Emergency Department would be staffed by security officers at all hours of the day. The Union maintained the remainder of its initial proposals regarding health and safety.

Seniority – The Union accepted the Employer’s proposal that leave without pay would not affect seniority for layoff, but rejected the Employer’s proposed language defining department seniority (as differentiated from layoff seniority).

New Employee Orientation (NEO) – In response to the Employer’s uncertainty about how long virtual NEOs would continue, the Union proposed to strike language regarding virtual NEOs from their initial proposal and place language regarding virtual NEOs in a new MOU.

Negotiations for 2021-2023 – In response to the Employer, the Union withdrew its proposal that the Employer would provide paid release time for one member per 100 for negotiations for the successor agreement. Instead, the Union proposed that the Employer would provide paid release time for 20 members. The Union otherwise maintained its initial proposal regarding negotiations for 2021 – 2023.

Union Activities – The Union accepted the Employer’s proposal that the up-to-date list of all Union delegates that the Union submits annually to the Office of Labor Relations would include the names of those delegates’ supervisors. The Union rejected the Employer’s proposal that only Union representatives (not delegates) would be able to submit information requests. In response to the Employer’s counters, the Union proposed to decrease the number of contract specialists in its initial proposal from two to one. The Union otherwise maintained its initial proposal regarding contract specialists and emails from third party entities.

Employer Counter Proposals

Wages – The Employer proposed to increase wages across-the-board, except for nurses, 2% on July 1, 2021. The Employer also proposes to increase wages 1% across-the-board, for all employees, in the second year of the contract.

RN Wages – The Employer proposed to increase wages for nurses across-the-board 1% in the first year of the contract. The Employer also proposed to increase nurse wages 4% for recruitment and retention purposes in the first year of the contract.

Float Pay – The Employer proposed that employees on temporary float would receive the float premium of $3.75, according to current contract language, but employees permanently floating (in the float pool) would receive a new, higher premium of $4.00.

Night Shift Differential – The Employer proposed to increase the night shift differential from $4.00 to $4.50 for the RN and PA-ARNP bargaining units.

Standby Pay – The Employer proposed tiered premiums for standby, a lower premium for the first 30 hours of standby worked and a higher premium for all standby hours worked over 30. Nurses would receive $4.25 for the first 30 hours and $6.25 for hours of standby over 30; other bargaining units would receive $4.00 for the first 30 hours and $6.00 for hours of standby over 30.

Pre-Scheduled Voluntary Doubletime – The Employer proposed that pre-scheduled voluntary double-time shifts could be offered for any classification after the initial scheduled bid is incorporated and posted and the Employer has sent out notice for staff, including Per Diems. Per Diems would not be eligible to volunteer for pre-scheduled double-time shifts until they have scheduled up to 40 hours in that week. Staff members calling in sick on voluntary double-time shifts would not receive sick pay.

Imaging Tech R&R Increase – The Employer proposed the following recruitment and retention increases for select Imaging Technologist classifications:

  • Imaging Technologist – Comp Tomo: approximately 5% increase
  • Imaging Technologist – Angiography: approximately 5% increase
  • Imaging Technologist – Mag Res Imaging: approximately 4% increase
  • Imaging Technologist – Lead: approximately 2% increase

Respiratory Care R&R Increase – The Employer proposed an approximate 3% recruitment and retention increase for Respiratory Care Associate, Practitioner, Lead, and Specialist.

Pharmacy Tech R&R Increases – The Employer proposed an approximate 3% recruitment and retention increase for Pharmacy Technician 1, 2, and Lead.

Multi-Campus Voluntary Standby – The Employer proposed to create a multi-campus voluntary standby (call) pool by classification.  If applicable, the pool could include employees/members from different bargaining units and/or represented by different Unions.  The classifications utilized for the voluntary standby (call) pool would be determined by the Employer.  The Employer would develop a process for employees to sign up for the voluntary standby (call) pool for their classification, and employees could remove their name from the voluntary pool at any time.  The Employer would utilize the voluntary standby (call) pool to fill standby shifts and/or to call employees into work at Harborview, UWMC-Montlake, or UWMC-Northwest as necessary.  Regardless of where the employee is called to work, the employee’s compensation would be based on the terms and conditions described in their home collective bargaining agreement. 

Development of a Floating Tool – The Employer proposed a new MOU in which the parties would agree to request facilitated mediation from the state of Washington’s Public Employee Relations Commission (PERC) within 90 days of ratification to develop a tiered floating tool. This tool would create an equitable and effective method of responding to changes in staffing needs across all three hospitals: UW Medical Center – Montlake, UW Medical Center – Northwest, and Harborview Medical Center. The parties would commit to meeting at least monthly with the facilitator/mediator, for up to 12 months, to fully discuss and work together to develop a process. Up to four members from the RN bargaining unit and four additional members from other bargaining units would be provided paid time to attend each session. The goals would be to address census fluctuations while supporting a healthy work environment for staff, to increase recruitment and retention through growth opportunities, and to ensure quality patient care.

Work Schedules – In response to the Union, the Employer proposed to adjust the language of its initial proposal to accommodate the second 30-minute meal period for people working 12-hour shifts. In response to the Union, the Employer withdrew its proposal that the language surrounding posting of schedules would only apply to employees that do not have fixed patterns or schedules. The Employer maintained most of its proposal surrounding flexible staffing due to low patient volume, but changed the title of this proposal to “Voluntary Flex.”

Weekends – The Employer withdrew its proposal to strike language stating that the Employer would make a good faith effort to schedule every other weekend. The Employer accepted the Union’s counter-proposal that employees would be paid time and a half for any weekend shifts they work after the initial four weekend shifts, which is a reduction from the Employer’s proposal that the premium would be paid after the fifth weekend shift. The Employer maintained its proposal that this premium would apply to work time spent for educational purposes, and that standby, hours worked on standby, and time spent on paid time off (sick time off, vacation time off, compensatory time off), would not count as a weekend shift worked.

FTE Changes – In response to the Union’s proposal that the Employer would accommodate all requests to increase or decrease FTE within three months of the requests, the Employer proposed to add language explicitly stating that requests for an increase or decrease in FTE could be submitted to an employee’s supervisor.

Job Postings – In response to the Union’s proposed process to fill vacancies created by terminations or leave, the Employer proposed adding language stating that when positions are vacated, the Employer would make a good faith effort to expedite the evaluation of staffing needs and when applicable post vacant positions for hire.

Respiratory Care JLM – In response to the Union’s proposal to create a Respiratory Therapy Staffing Committee, the Employer proposed that the Employer and the Union would create a Respiratory Therapy Ad Hoc JLM group.  The Ad Hoc JLM group would meet every other month and the first meeting will be held within 60 days of ratification.  The Union could have up to three member representatives plus a Union Representative.

Health and Safety – In response to the Union’s proposals regarding personal protective equipment, the Employer proposed that audits would be made of PPE and any faulty equipment will be pulled from circulation. To address the Union’s proposal for de-escalation and Code Grey trainings, the Employer proposed to provide training in accordance with the Harborview Medical Center Workplace Violence Prevention Plan. Trainings could include topics such as: de-escalation tactics, safe and humane restraint usage, and proper usage and administration of Code Greys.

EDI Council Workgroup Staff Focused – The Employer proposed to accept the Union’s proposal to add language stating that the Employer is committed to continue the work of the staff-focused EDI Workgroup. In response to the Union’s proposal outlining the voting vs non-voting members of the committee, the Employer proposed that the workgroup could establish voting rules. In response to the Union’s language stating the scope of the workgroup, the Employer proposed language stating that the workgroup could be utilized to discuss upcoming and ongoing hospital wide initiatives and programs, and could provide the CEO feedback related to EDI initiatives, programs, and workplace issues.  In response to the Union’s proposal that the workgroup would meet three hours monthly with unlimited time to do EDI work, the Employer proposed that meetings would be held monthly for one hour, with additional prep of one hour per month.

Vacation Requests – In response to the Union’s proposal to create a process around vacation request denials, the Employer proposed that when an employee’s vacation cannot be approved, the supervisor would schedule the employee’s vacation at the next earliest date requested by the employee and deemed possible by the supervisor.  If an employee’s request for vacation leave is denied, the Employer, upon request, would have to provide the reason for denying vacation leave electronically or in writing. 

Temporary Diagnostic Imaging Employees – The Employer agreed to add Juneteenth as a holiday for which these temporary employees would receive a holiday premium if they work that day. The Employer maintains its other initial proposals regarding these employees.

Union Activities – In response to the Union, the Employer withdrew its proposal that only Union representatives (not delegates) would be able to make information requests. The Employer rejected the Union’s proposals regarding contract specialists and emails from third parties about the union.

Arbitration Panel – The Employer proposed to add one of the arbitrators from the Union’s proposal for the period of August 1, 2021 to January 1, 2023.  Under this proposal, after January 1, 2023, that arbitrator could be added to the permanent panel by mutual agreement between the parties.

Next Steps

The next UW and SEIU 1199 bargaining session for the HMC/ALNW CBA is scheduled for July 29 and will be held virtually.