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NNU VA Master Agreement

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NNU VA Master Agreement TABLE of CONTENTS PREAMBLE GENERAL PROVISIONS: Article 1: Recognition and Coverage Article 2: Governing Laws and Regulations Article 3: Collaboration and Labor-Management Forums Article 4: Labor-Management Relations Training Article 5: National VA Labor-Management Relations (LMR)-NNU Meeting RN PROVISIONS: Article 6: RN Rights Article 7: Advanced Practice Registered Nurses (APRN) Article 8: Seniority Article 9: Work Unit Article 10: Holidays Article 11: Leave and Absences Article 12: Details, Floats, and Temporary Assignments Article 13: Work Schedules Article 14: Overtime (OT) and Compensatory Time (CT) Article 15: Work Assignments and Objection to Work Assignment Article 16: Staffing Article 17: Job Sharing Article 18: Alternative Workplace Arrangements (Telework) Article 19: Contract RNs Article 20: Call Center Article 21: Uniforms, Appearance and Professional Identification Article 22: Vacancy Announcements Article 23: Professional Development and Education Article 24: Nurse Professional Standards Boards (NPSB) Article 25: Nurse Qualification Standards (NQS) and Proficiency Reporting Article 26: Recognition and Awards Article 27: Safety, Health and Environment Article 28: Workplace Violence Prevention Article 29: Investigations Article 30: Surveillance and Monitoring Article 31: Non-Disciplinary, Disciplinary and Major Adverse Actions Article 32: Alternative Dispute Resolution (ADR) Article 33: Equal Employment Opportunity Article 34: Reasonable Accommodations for RNs with Disabilities Article 35: Workers’ Compensation Article 36: Special Physical Examination (commonly known as Fitness for Duty) and Physical Standards Board Article 37: Dependent Care Article 38: Appointment Authority Changes Article 39: Official Records and Protection of Identifiable Information Article 40: Outsourcing Article 41: Drug Testing Article 42: Employee Assistance Program 1 Article 43: Organizational Performance Improvement Article 44: Research UNION PROVISIONS: Article 45: Union Rights and Representation Article 46: Facilities and Services for Union Use Article 47: Official Time Article 48: Grievance Procedure Article 49: Arbitration Article 50: Dues Deduction Article 51: Mid-Term Bargaining Article 52: Local Supplemental Contracts, Memoranda of Understanding and Agreements Article 53: Nurse Locality Pay Survey Article 54: NNU Representation on Committees Article 55: Affiliations/Joint Ventures Article 56: Change in Ownership or Merger of a VA Facility Article 57: Restructuring, Consolidating, Integrating or Closing VA Facilities or Units Article 58: Contract Training, Duration and Distribution APPENDIX: A. NNU Assignment Despite Objection Form B. Benner’s Theory: from Novice to Expert 2 PREAMBLE A. This National Master Contract is made between the Department of Veterans Affairs (VA) and National Nurses United (NNU). For purposes of this Contract, the Department of Veterans Affairs will be referred to as VA or the Department, and the National Nurses United will be referred to as NNU or the Union. B. The Department and NNU agree a constructive and cooperative working relationship between labor and management is essential in achieving the VA's mission and to ensure a quality work environment and work life. NNU and the Department recognize their relationship must be built on a solid foundation of cooperation, collaboration, trust, mutual respect, understanding, and sharing in the responsibility for organizational success. On issues that carry an obligation to bargain under the Federal Service Labor Management Relations Statute (the Statute), the parties agree that discussion will occur at the earliest opportunity. C. The parties acknowledge that the Registered Nurse (RN) is critical to delivering safe patient care. RNs base actions and decisions on sound professional judgment, Scope and Standards of Professional Nursing Practice and the Nurse Practice Act of their respective states. D. This contract will support a quality working environment for the recruitment and retention of RNs. Therefore, the parties agree to work together in collaboration and through this contract to identify opportunities for improvement, enhance productivity, and deliver the best quality of service to our nation’s Veterans and their families. The parties agree that the RN is an advocate for patient safety. Patient safety is an integral part of the RN role. 3 GENERAL PROVISIONS ARTICLE 1: RECOGNITION AND COVERAGE Section 1: Exclusive Representation NNU is recognized as the sole and exclusive representative for all RNs, in units, hereinafter referred to as local units, consolidated and certified by the Federal Labor Relations Authority (FLRA) in case No. WA-RP-10-0039, dated November 23, 2010, and any subsequent certifications or amendments. NNU and the Department agree that should NNU request the FLRA to include subsequently organized RNs within the Veterans Health Administration, such as new units, satellites, clinics, call centers, Community Based Outpatient Clinics (CBOC), Consolidated Patient Accounting Centers (CPAC) etc. in the consolidated unit, such FLRA certification will not be opposed by the Department if the unit would otherwise be considered an appropriate unit under the law, but the Department retains its right to challenge specific inclusions and exclusions. Upon certification by the FLRA, such groupings are automatically covered by the Master Contract. Section 2: NNU Role As the sole and exclusive representative, NNU at the national and local unit level is entitled to act for and to negotiate contracts covering all RNs in the bargaining unit. NNU is responsible for representing the contractual interests of all RNs in the bargaining unit, regardless of membership status. Section 3: Registered Nurse Representation A. The Department recognizes NNU as the exclusive representative of all RNs in the bargaining unit; NNU has the right to speak for and to bargain on behalf of the RNs it represents. B. The NNU will be given reasonable advance notice as to provide sufficient notification for a representative to be present at any formal discussions with bargaining unit employees concerning matters affecting personnel policies, practices or working conditions. In situations where the Department knows far in advance of the formal discussion, it should not delay in providing notice to NNU of the meeting. The intent is not to delay time-sensitive discussions or to prevent a sufficient opportunity to attend the meeting. C. The Department agrees that by participating in such discussions, the parties do not waive their rights under the Statute to request formal bargaining as appropriate. Section 4: Bargaining Unit Eligibility A. Prior to taking an existing bargaining unit position out of the unit, the Department will discuss the unit status with NNU. Subsequent to such discussions if the Department takes the position out of the unit, NNU will be notified in writing. Such notice will include the basis for the removal. B. The Department will provide NNU, by the 15th day of each quarter, to the extent available, information from the PAID system or an existing data base regarding bargaining unit RNs. 4 Should the Department fail to provide the information by the 15th, NNU will provide the Department with one reminder message and the Department will immediately provide the information. Section 5: NNU Representatives Union officials/representatives are defined as elected officers or RN representatives who are designated by NNU. NNU at the appropriate level will provide the Department with an annual updated list of the names, titles, room numbers and telephone numbers of all officials. Only representatives on this list are authorized to represent NNU. This list can be updated at any time, verbally, electronically or in writing, as changes occur. 5 ARTICLE 2: GOVERNING LAWS AND REGULATIONS Section 1: Relationship to Laws and Regulations A. In the administration of all matters covered by this Contract, applicable Federal Statutes and their implementing regulations shall govern management officials and RNs. They will also be governed by Government-wide regulations in existence upon the approval date of this Contract. B. Under 38 USC 7422, collective bargaining by RNs appointed under Title 38, including RNs, may not "cover, or have any applicability to, any matter or question concerning or arising out of (1) professional conduct or competence, (2) peer review, or (3) the establishment, determination, or adjustment of RN compensation under this title." "… The term 'professional conduct or competence' means any of the following: (1) Direct patient care, (2) Clinical competence." By law, these areas are excluded from collective bargaining, including any grievance procedure under this Contract and are governed exclusively by VA regulations. NNU and the Department intend that all articles in this Contract should be interpreted consistent with such statutory provisions, regardless of whether or not 38 USC 7422 is specifically cited in the article. C. NNU and the Department agree that 38 USC 7422 shall govern each and every article and section of this Contract as described in Section 1B above. Section 2: Relationship to Department Policy A. Where any Department or VHA policy expressly conflicts with this Contract, this Contract shall govern. Portions of Department or VHA policy, including Directives/Handbooks, which do not conflict with this Contract will remain in force. B. All local and national VA policies, including, but not limited to, standard operating procedures, guidelines which
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