International Brotherhood of Teamsters
TEAMSTERS RED CROSS CONTRACT VOTE VOTING NOTICE
TEAMSTERS RED CROSS CONTRACT VOTE October 26, 2018 Dear Teamsters Red Cross Member, The Teamsters Red Cross Contract Vote is being conducted by secret ballot using the telephone and Internet, through the BallotPoint Election Services voting system. To vote, please refer to the Voting Instructions given below. You may recast your vote at any time during the voting period, but only your last vote will be counted. If you have any questions, please contact your Local. Beginning Noon (ET) Monday, November 5, and ending 4:00 PM (ET) Thursday, November 8, you may request replacement access credentials. Contact your Local for assistance.
Voting closes: 12:00 Noon ET on Friday, November 9, 2018 Votes tallied: 4:00 PM ET on Friday, November 9, 2018 VOTING INSTRUCTIONS You will have about 15 minutes to cast your vote (whether by phone or by Internet) once you have accessed the BallotPoint system. To help you cast your vote successfully, you can prepare your selections before calling or logging in by reviewing the Voting Guide shown on the back of this page. 1. To vote by phone: Call 1.800.238.7077 or 1.800.229.0668 toll‑free within the US, Canada, and Puerto Rico. Outside these toll‑free areas call 1.503.419.1112 or 1.503.419.1110. Enter the Access Code shown above when prompted.
To vote by Internet: Go to: https://es1.BallotPoint.com/IBT or https://es2.BallotPoint.com/IBT – be sure to type the s in https. Enter the Access Code shown above and click LOGIN. 2. Follow the directions to cast your vote. Done!
Please exercise your right by casting a ballot. TEAMSTERS RED CROSS CONTRACT VOTE 570
VOTING GUIDE
NATIONAL ADDENDUM, American Red Cross and Coalition of American Red Cross Unions • YES, I vote for the NATIONAL ADDENDUM...... (phone: say or press 1) • NO, I vote against the NATIONAL ADDENDUM...... (phone: say or press 2)
Tentative Agreement Between Teamsters Local 570 and American Red Cross Blood Services, Greater Chesapeake and Potomac Region • YES, I vote for the Tentative Agreement...... (phone: say or press 1) • NO, I vote against the Tentative Agreement...... (phone: say or press 2)
TEAMSTERS RED CROSS NEGOTIATING COMMITTEE
October 26, 2018
Dear American Red Cross Teamster,
Enclosed for your review and vote is the tentative American Red Cross National Addendum, local agreement and summary of the three-year National Addendum. Please read the voting information carefully and cast your vote via the Internet or by phone (voting instructions are also enclosed).
Please submit your vote online or by telephone right away. All votes must be received no later than noon EST on Friday, November 9, 2018.
On September 20, 2018, leaders from Teamster local unions that represent American Red Cross (ARC) workers overwhelmingly endorsed the tentative National Addendum. The tentative Na - tional Addendum includes numerous major gains for workers, including:
Improved health care benefits. This includes no increase to deductibles and the ability to opt out. TeamCare is no longer mandatory. New hires and current bargaining unit employees may opt out of these benefits. On January 1, 2020, the “medical only” plan will be eliminated and all bargaining unit employees will be eligible to participate in the full coverage plan which includes medical, dental, vision and other benefits (see summary for more details).
Voluntary cross-training program. This will allow collections technicians (CTs) hired prior to January 1, 2016 to volunteer to drive DOT vehicles. Mobile unit assistants (MUAs) who cross- train will continue to receive a 3-6% base wage increase upon successfully completing cross- training. At multi-union locations, MUAs will have the option of fully cross-training or cross-train in either phlebotomy or health history, but not both, and will receive the negotiated wage increases (see summary for more details).
8.25% wage increase. Three pay periods after the contract ratification, bargaining unit employ - ees will receive a 2.25% increase in their base wage, as well as a one-time lump sum payment of $400 for full-time employees and $200 for part-time employees; and a 3% increase every year thereafter for the duration of the National Addendum—a total 8.25% wage increase over the course of the contract (see summary for more information).
Other major improvements include: • Safety and health protections; • PTO pilot program to increase PTO usage; • Uniform allowance increase; • Late starts for turnaround time violations; • Direct input in Drive Staffing Plan; and • Many more improvements. 1 The vote will be by secret ballot as it always has been, but this time members will vote via the Internet or phone. The vote will be conducted through the BallotPoint Election Services voting system. In the voting information packet you will find the National Addendum and a summary of the highlights. But instead of a paper ballot, you will find an individual access code and sim - ple instructions on how to use the access code to vote by telephone or Internet.
BallotPoint is an election services provider which has specialized in electronic balloting and polling since 1999. The company has conducted nearly 4,000 union elections with nearly 2 million votes cast, and have never had an election compromised. Their system is secure and protects the secrecy of each member’s vote. In other words, no one will know how you voted! The Teamsters Union has used BallotPoint extensively over the past three years to conduct con - tract ratifications, including the recent UPS election. All of the ratifications were conducted without incident or challenges.
For more information on BallotPoint, visit their website at www.ballotpoint.com.
The Teamsters are part of a coalition of unions that negotiated the tentative national adden - dum—nine strong labor unions in all. The coalition represents more than 4,500 vital health care workers in 24 states. In addition to the more than 1,500 ARC workers represented by the Teamsters, the coalition includes members of the Health Professional and Allied Employees of the AFT, AFSCME, SEIU, UAW, UFCW, IUOE, USW and CWA. Every day, you provide an incredibly important service for your communities. You protect the public’s health. You deserve the same kinds of protections in your work lives and we believe this National Addendum achieves that.
Thank you for your continued support.
Nina Bugbee, Teamsters Lead Negotiator Coalition Bargaining Committee and President of Teamsters Local 332
CONTRACT HIGHLIGHTS • Improved Health Care Benefits including no increase to deductibles and the ability to opt out • 8.25% Wage Increase over the course of the contract • Voluntary Cross-Training for collections technicians and a driver premium • Safety and Health Protections • PTO Pilot Program to increase PTO usage • Uniform Allowance Increase • Late Starts for turnaround time violations • Direct Input in Drive Staffing Plans
2 SUMMARY OF 2018-2021 RED CROSS NATIONAL TENTATIVE ADDENDUM
Compensation $110 (full time) and $58 (part time). Employees will also be permitted to In late November 2018, bargaining unit employees will receive a purchase and wear lab coats from a Red Cross-designated vendor . 2.25% increase in their base wages, as well as a one-time lump sum payment of $400 for full-time employees and $200 for part-time Rest Breaks and Meal Periods employees; and a 3% increase every year thereafter for the dura - Collections staff will be provided breaks no sooner than 1.5 hours tion of the National Addendum. after the start of the drive. However, a collections employee may elect to take his or her break within the first 1.5 hours after the start Additionally, a 1% increase will be applied to new-hire starting of the shift, but will not be required to do so. To ensure that bargain - salaries and any local wage tiers during the first year, and 2% every ing unit employees receive meal and break time consistent with the year thereafter. National Addendum, there is a new requirement that these records be retained for every drive. Also, local parties are no longer re - A joint process has been created to address compensation within quired to follow the rest breaks and meal periods language in the Red Cross job markets to ensure that bargaining unit employees are National Addendum, and may negotiate a different arrangement to paid competitive wages. Once the market survey is conducted, it better suit local needs. will be reviewed and discussed by the Senior Partnership Commit - tee (SPC), which will make recommendations to the regions. Local Hours of Work unions will have an opportunity to bargain changes to wages based on the SPC’s recommendations. No changes were made to existing hours of work contract lan - guage, including the Red Cross maintaining grandfathered guaran - Health Care teed minimum hours in local agreements. However, in those regions that are experiencing problems with providing sufficient hours to There are several changes that have been made to health care as full-time or part-time employees, the Red Cross will be evaluating a result of the feedback received from bargaining unit employees. scheduling practices and working with the local union to resolve First, TeamCare is no longer mandatory—new hires and current them within the first year of the new National Addendum. bargaining unit employees may opt out of these benefits. Addition - ally, on January 1, 2020, the “medical only” plan will be eliminated and all bargaining unit employees will be eligible to participate in Paid Time Off (PTO) the full coverage plan which includes medical, dental, vision and Full-time collections employees (including mobile and fixed sites) other benefits. will start to accrue PTO on a 40-hour basis regardless of their loca - tion’s standard work week. Therefore, if a region has a 35-hour There will be a fixed employee/employer contribution for the term work week, collections employees in that area will accrue PTO on a of the contract at an 88% (employer) / 12% (employee) contribution 40-hour basis. ratio for individual coverage and an approximately 75% (employer) / 25% (employee) contribution ratio for employee plus family coverage. Holidays There will also be no increases in current deductibles or co-pays. All bargaining unit employees will now be able to use their floating holidays in one-hour increments. Collections employees may use Short-term disability benefits increased from $300 per week (10 their floating holidays to supplement regularly scheduled weekly weeks) and $350 per week (11-26 weeks) to $450 per week for 26 hours not to exceed 40-hours in one week. Collections employees weeks for full-time employees; and the basic life insurance benefit will also be able to receive eight hours of holiday pay regardless of increased from $20,000 to $40,000. The Red Cross will also offer bar - their location’s standard work week. gaining unit employees the option of supplemental life insurance and a long-term disability benefit. Staffing Flexible Spending Accounts (FSA) There have been significant changes made to existing staffing lan - guage, including a voluntary cross-training program which will Bargaining unit employees may enroll in Flexible Spending Accounts allow collections technicians (CTs) hired prior to January 1, 2016 to (FSA) for qualified medical expenses for the duration of the National volunteer to drive DOT vehicles. If the need for drivers exceeds the Addendum. This will include being issued a debit card for expenses. number of volunteers, then the Red Cross will assign the driver role to new hires and use inverse seniority for current employees. Any Retirement Plan CT who drives a non-DOT or DOT vehicle, whether required or vol - Employees may continue to participate in the American Red Cross untary, will receive a $0.75/hour driver premium when he or she Savings Plan 401(k), which includes a matching contribution up to drives to or from a blood drive. The premium will apply to all hours 4% of the employee’s salary. the employee works on that day. Mobile unit assistants (MUAs) who cross-train will continue to receive a 3-6% base wage in - Uniforms crease upon successfully completing cross-training. At multi-union locations, MUAs will have the option of fully cross-training or Collections staff will receive increases in their uniform allowances of 3 cross-train in either phlebotomy or health history, but not both and created to develop a needlestick prevention program, and to review will receive the negotiated wage increases. safety concerns related to the collections technician/driver cross- training program. Additionally, the union will have an opportunity to Additionally, the Red Cross will not require any employee to perform provide pre-decisional input prior to the Red Cross implementing any regulated work unless he or she has successfully completed train - new safety and health initiatives or modifying existing programs. ing; and CTs and MUAs will receive refresher training if they have not performed a cross-trained task in the preceding six months. Payroll Errors and Overpayments Local unions will also be able to work directly with management to Bargaining unit employees who have incorrect paychecks by the evaluate and recommend changes to drive staffing, and a process lesser of 10% of gross wages earned or $135 will have their pay - has been developed which will allow the local parties to deviate checks corrected immediately upon validation and submitting the from the 45/45/45 initiative applied to mobile drives. request to the payroll provider. Additionally, if an employee is over - paid, he or she will have the option of reimbursing the Red Cross on Staff Scheduling a repayment schedule or making a lump sum payment. Prior to releasing collections staff schedules, the union and collec - tions management will have one day to review and revise the There will be no changes to local agreements that currently have a schedule prior to posting. Collections schedules will also be pub - process for addressing payroll errors. lished at least three weeks in advance unless a local agreement provides for more time. Employment Categories The Red Cross will standardize all bargaining unit job classifications Additionally, employees may now request a late arrival to the next within 180 days of implementing the new National Addendum, and assignment in lieu of penalty pay, in order to have a full 10 hours be - the union will have an opportunity to bargain any changes to the tween shifts. These requests will not be unreasonably denied. How - extent required by law. Additionally, the Red Cross may no longer ever, in situations where the time between shifts is eight hours or extend temporary employees’ employment by six months. Once a less, then management must approve the request for a late start. temporary employee exceeds 180 days, he or she will automatically To reduce late ends for both mobile and fixed site bargaining unit become a member of the bargaining unit. employees, walk-in donors will not be accepted within the last 15 minutes of a drive if all appointment slots are filled. A five-minute Labor-Management Partnership grace period will be provided to donors who arrive late at a fixed To ensure that local unions have an opportunity to meet and dis - site. The Red Cross will also establish a joint task force to address cuss union participation with new hires, the Red Cross will provide late ends at fixed sites within the first six months of National Ad - a private office or conference room for new hire orientation meet - dendum implementation. If late ends continue at fixed sites, then ings with the union. Also, the bargaining unit list currently provided those problems will be escalated to the Senior Partnership Commit - to local unions will now include each employee’s rate of pay and tee (SPC) for immediate resolution. hours worked.
Local unions will also have an opportunity to negotiate a paid time Severance off (PTO) pilot program to ensure bargaining unit employees receive the requested time off throughout the calendar year. The pilot pro - Local parties who do not currently have a severance policy will be gram will also address deadlines for management to respond to PTO permitted to bargain severance benefits for affected bargaining requests, the percentage of leave available during each solicitation unit employees if there is a reduction in force. This will eliminate period and an opportunity to request time off six months in advance. the inconsistent practice of some regions permitting severance pay while others do not. The Red Cross agreed that bargaining unit employees should receive these benefits and the amounts should Donor Recruitment Account Managers be bargained locally. The union will now have an opportunity to bargain any changes to the Donor Recruitment Incentive Plan, and discuss any changes to Scope of the Agreement the goal setting process. Red Cross also agreed to implement the Fiscal Year 19 Incentive Plan without the exception changes. Any post-ratification conflicts between the National Addendum and local agreements will now be resolved through the national griev - ance process and not a separate resolution process. Safety and Health The National Addendum now includes a safety and health article to Common Expiration Dates ensure that the Red Cross provides a safe work environment for all bargaining unit employees, and complies with all safety rules and All local agreements of the coalition unions will have the same con - regulations. Employees will receive training and information on infec - tract expiration as the National Addendum, which demonstrates tious diseases, workplace violence and evacuation plans for mobile our unity to the Red Cross and provides increased bargaining work sites. The Red Cross will have a contractual obligation to auto - power when negotiating future contracts. matically provide health and safety information to the union on a All other items in the National Addendum will remain unchanged. quarterly basis. A joint labor- management committee will also be 4 AMERICAN RED CROSS IMPROVED BENEFITS Plan AB (Full Time Plan) Benefit Profile HIGHLIGHTED IN GREEN Plan BA (Part Time Plan) Benefit Profile Beginning on or after 01/01/2019
PLAN BENEFIT LIMIT PLAN DEDUCTIBLE MEDICAL OUT‐OF‐POCKET EXPENSE LIMIT $200 per Individual $2,500 per Individual None $500 per Family $5,000 per Family TEAMCARE PPO OFFICE VISIT CVS MINUTECLINIC OUT OF NETWORK PENALTY $20 copay for in‐network office visit $0 copay For non‐emergency medical care, your cost is 10% greater than an in‐network provider plus all charges above in‐network allowable.
For further information, including a full Summary Plan Description (SPD), visit our website at MyTeamCare.org
TeamCare Wellness No Cost. Wellness Benefits are payable at 100%. Must use an in‐network provider Hospital Expense Benefit After Deductible, you have a 20% coinsurance until out‐of‐pocket expense is met. Surgical and Obstetrical Benefit After Deductible, you have a 20% coinsurance until out‐of‐pocket expense is met. You have a $20 copay if billed as office visit; or after Deductible, you have a 20% Urgent Care coinsurance until out‐of‐pocket expense limit is met if billed as facility. Ambulance Benefit After Deductible, you have a 20% coinsurance until out‐of‐pocket expense is met. Emergency Room After Deductible, you have a 20% coinsurance until out‐of‐pocket expense is met. Outpatient TeamCare Lab Benefit No Cost through the Quest LabCard network. Deductible does not apply. If done outside the Quest LabCard network: after Deductible, you have a 20% Outpatient Laboratory Benefit coinsurance until out‐of‐pocket expense is met. Outpatient TeamCare Imaging Benefit No Cost through the US Imaging network for MRI, CT, or PET scans. If done outside the Quest LabCard network: after Deductible, you have a 20% Outpatient Imaging Benefit coinsurance until out‐of‐pocket expense is met. After Deductible, you have a 50% coinsurance. Chiropractic maximum of $500 per Chiropractic Benefit person per calendar year. Behavioral Health – Inpatient After Deductible, you have a 20% coinsurance until out‐of‐pocket expense is met.
Behavioral Health – Outpatient You have a $20 co‐payment for in‐network office visit
Durable Medical Equipment After Deductible, you have a 20% coinsurance until out‐of‐pocket expense is met.
Major Medical Benefit After Deductible, you have a 20% coinsurance until out‐of‐pocket expense is met. The TeamCare Family Protection Benefit provides a maximum of five years of free coverage for the covered spouse and dependents in the event of the member’s TeamCare Family Protection Benefit death. Please refer to the TeamCare Summary Plan Description for further information. Retail (30‐day supply or less): You have a 25% copay for short‐term prescriptions.
Mail‐Order/Maintenance Choice: You have a 20% copay for a 90‐day prescriptions
TeamCare Rx Prescription Benefit o Maintenance prescriptions must be filled through Mail/order/Maintenance Choice o If a generic is available, you must take the generic or be responsible for the cost‐ difference unless there is a medical reason by the prescribing physician. FT Plan AB: Effective 1/1/19: $450 a week for 26 weeks. Improved from $300 per week for 10 weeks and $350 per week for weeks 11‐26. Short‐Term Disability Benefit PT Plan BA: Effective 1/1/19: $300 a week for 10 weeks; $350 a week for weeks 11‐26
Effective 1/1/19: Member Death: $40,000 (Improved from $20,000) Accidental Death: $40,000 (Improved from $20,000) Life Insurance Benefit Spouse Death: $4,000 (Improved from $2,000) Child Death: $2,000 (Improved from $750) IMPROVED BENEFITS AMERICAN RED CROSS Plan AB (Full Time Plan) Benefit Profile HIGHLIGHTED IN GREEN Plan BA (Part Time Plan) Benefit Profile Beginning on or after 01/01/2019
Annual Dental Deductible: No Dental Deductible Annual Dental Maximum: $2,500 per person Dental Benefit Benefit Improved January 1, 2018 Preventive Services: Covered at 100% Diagnostic and Restorative: Covered at 100% Voluntary Dental Network: Humana Major Services: Covered at 80% Dentures: Covered at 100% Orthodontia (Child): $2,500 Lifetime Maximum
EyeMed Vision Care is a voluntary vision network Routine Eye Exam $10 co‐payment Frames $0 co‐payment up to $150 allowance Lenses (per pair) $0 co‐payment Contacts (in lieu of glasses) $0 co‐payment up to $120 allowance Vision Benefit Benefit Improved April 1, 2018 Or out‐of‐network reimbursement: Routine Eye Exam $50.00 Voluntary Vision Network: EyeMed Frames $75.00 Lenses (per pair) $50.00 Bi‐Focal Lenses (per pair) $50.00 Tri‐Focal Lenses (per pair) $50.00 Lenticular Lenses (per pair) $60.00
• All employees will have the option to waive coverage once a year during the Open Enrollment period or any time with a qualifying life event provided the employee provides proof of alternative coverage. • Any employee that waives coverage will have the option to enroll in TeamCare at TeamCare Participation any time with a qualifying life event or once a year during the Open Enrollment Requirement period. Effective January 1, 2019 • Note: since TeamCare offers one all‐inclusive benefit package, it is not possible to waive medical coverage, but yet elect to take Dental or Vision. A member electing to waive coverage with TeamCare will be waiving the entire healthcare benefit plan offered.
• All new hired American Red Cross employees will have the option to waive TeamCare coverage provided the employee provides proof of alternative coverage. • Any employee that waives coverage will have the option to enroll in TeamCare at New Hire Participation any time with a qualifying life event or once a year during the Open Enrollment Effective January 1, 2019 period. • All new hired employees would have 1st day Coverage on their 9th week of employment and first week of employer contribution to TeamCare
• TeamCare will no longer require an Initial Contribution Period by the employer Initial Contribution Period before coverage begins on an employee.
Effective January 1, 2019 • All new hired employees would have 1st day Coverage on their 9th week of employment and first week of employer contribution to TeamCare
TeamCare • Visit MyTeamCare.org for more information or call us at 800‐TEAMCARE.
BallotPoint Telephone Voting System: Local 570 The following is the phone-script for the Teamsters Red Cross Contract Vote.
WELCOME CALLER: Welcome to the BallotPoint Election Services telephone voting system.
PROMPT ACCESS CODE: Please say or enter your 12-digit access code.
__ IF INVALID ACCESS CODE __ The access code you entered is … <
__IF 1/YES __ I’m sorry, the access code you entered is invalid. End call.
__IF 2/NO __ Reprompt access code.
__ IF VALID ACCESS CODE __ Continue to Ballot
BALLOT: You are eligible to participate in the Teamsters Red Cross Contract Vote.
To ensure your vote is recorded, make sure you hear your confirmation number before hanging up.
PROMPT NATIONAL AGREEMENT: National Addendum, American Red Cross and Coalition of American Red Cross Unions.
If you have no selections for this question, say skip, or press the star key. To Select YES, I vote for the National Addendum. Say or press 1. To Select NO, I vote against the National Addendum. Say or press 2.
__ IF 1/One __ You selected: YES, I vote for the National Addendum. If this is correct say Yes or press 1. If this is incorrect, say No or press 2.
__ IF 1/YES __ Goto next question __ IF 2/NO __ Reprompt question
__ IF 2/Two __ You selected: NO, I vote against the National Addendum. If this is correct say Yes or press 1. If this is incorrect, say No or press 2.
__ IF 1/YES __ Goto next question
__ IF 2/NO __ Reprompt question
__ IF */Skip __ You selected to skip this question without making any selections. If this is correct say Yes or press 1. If this is incorrect, say No or press 2.
__ IF 1/YES __ Goto next question
__ IF 2/NO __ Reprompt question
PROMPT AREA AGREEMENT:
Tentative Agreement Between Teamsters Local 570 and American Red Cross Blood Services, Greater Chesapeake and Potomac Region If you have no selections for this question, say skip, or press the star key. To Select YES, I vote for the Tentative Agreement. Say or press 1. To Select NO, I vote against the Tentative Agreement. Say or press 2.
__ IF 1/One __ You selected: YES, I vote for the Tentative Agreement. If this is correct say Yes or press 1. If this is incorrect, say No or press 2.
__ IF 1/YES __ Goto next question
__ IF 2/NO __ Reprompt question
__ IF 2/Two __ You selected: NO, I vote against the Tentative Agreement. If this is correct say Yes or press 1. If this is incorrect, say No or press 2. __ IF 1/YES __ Goto next question
__ IF 2/NO __ Reprompt question
__ IF */Skip __ You selected to skip this question without making any selections. If this is correct say Yes or press 1. If this is incorrect, say No or press 2.
__ IF 1/YES __ Goto next question
__ IF 2/NO __ Reprompt question
VOTE COMPLETE:
Please wait while we record your vote.
Your vote has been recorded. Your confirmation number is ... <
To repeat your confirmation number, say repeat, or press 1. To end this call, say end, or press 2.
__ IF 1/REPEAT __ Repeat confirmation number and prompt from above.
__ IF 2/END __ Thank you for casting your vote using BallotPoint Election Services Telephone Voting System.
End of Call – Hang up. 570
TENTATIVE AGREEMENT BETWEEN TEAMSTERS LOCAL 570 and AMERICAN RED CROSS BLOOD SERVICES, GREATER CHESAPEAKE AND POTOMAC REGION
Effective: November October 1, 201218 through September 30, 201821
The parties reserve the right to correct inadvertent errors and omissions. This is the entire agreement which includes unchanged articles and tentative agreements. Additions and new language are bold and underlined. Language from the prior National Addendum that is being deleted is struck through.
AGREEMENT ARTICLE 1. UNION RECOGNITION THIS AGREEMENT made and entered into by and between the AMERICAN RED CROSS, GREATER CHESAPEAKE Section 1. The Region does hereby recognize the Union as AND POTOMAC BLOOD SERVICES REGION, hereinafter the sole labor organization of the employees covered by the referred to as the “Region” and WAREHOUSE, GENERAL classifications as listed herein: All mobile unit drivers, self- SALES DRIVERS, TANKLINE, DRIVER, SOFT DRINK contained unit drivers, and supply/packing clerks employed by WORKERS AND DRIVER-SALESMEN, DAIRY, BAKERY, the Region at its Baltimore, Maryland facility, but excluding BREWERY, PROFESSIONAL AND TECHNICAL, all other employees, office clerical employees, confidential LAUNDRY, LINEN, PETROLEUM, CONSTRUCTION, employees, professional employees, technical employees, guards YEAST, AMUSEMENT AND VENDING SERVICE MEN, and supervisors as defined in the Act. RETAIL, MAIL ORDER EMPLOYEES AND ALLIED Section 2. The provisions of the above Section shall not be EMPLOYEES LOCAL UNION 570, of Baltimore, Maryland, interpreted to require that any classification be utilized nor that and vicinity, an affiliated Local Union of the INTERNATIONAL employees shall be hired into those classifications. BROTHERHOOD OF TEAMSTERS (hereinafter referred to as the “Union”). ARTICLE 2. MANAGEMENT RIGHTS WITNESSETH Section 1. Unless the Union has specifically negotiated and WHEREAS, the Region provides critical services vital to the obtained in this contract an express provision to the contrary, health, safety and welfare of the community; and the Region shall have the absolute right to manage the business and all matters relating to the operation of the business as it WHEREAS, it is the intent and purpose of this Agreement to deems necessary and appropriate. promote and improve the service provided to the community, to advance the interests of its employees, to avoid and prevent Section 2. Before implementing any new work rules, the interruption and interference with the Region’s services, Region shall notify the Union in advance. to resolve all disputes and differences between the parties Section 3. An arbitrator may modify or reverse disciplinary promptly and peacefully, and to set forth their accord covering action, including discharge, for violation of standard operating rates of pay, hours of work, and all other terms and conditions procedures which pertain to the collection and processing of employment; of blood, only on the basis of gross abuse of discretion by the NOW, THEREFORE, in consideration of the mutual covenants Region. It is understood and agreed that these procedures may herein contained, the parties hereto agree as follows: change from time to time. ARTICLE 3. ARTICLE 6. NO STRIKE AND NO LOCK OUT DISCHARGE OR SUSPENSION Section 1. During the term of this Agreement, there shall be Section 1. Any employee discharged must be paid in full for all no lockout by the Region, nor shall there be any strike, sympathy wages owed him by the Region at the next regularly scheduled strike, picketing, stoppage or slow down of work, walkouts, pay day. jurisdictional disputes, secondary boycotts or other direct or Section 2. A discharged or suspended employee must advise the indirect forms of pressure, by the employees covered by this Union in writing within five (5) days from the date of discharge Agreement or by the Union. or suspension. Section 2. The Region shall have the right to impose proper Section 3. If the Union and the Region are unable to resolve discipline, including discharge, in the event any employee violates a grievance arising out of a suspension or discharge, it may be the provision of this Article. referred to the grievance machinery as set forth in Article 9, Section 1, Step 3. ARTICLE 4. UNION SECURITY Section 4. The Region shall not discharge or suspend any employee without just cause. Written notice shall also be given Section 1. It shall be a condition of employment that all within three (3) days to the Union Steward and a copy mailed to employees of the Region covered by this Agreement, who are the Union office. The three workingday period shall be measured members of the Union in good standing on the effective date from the time of discharge or suspension. of this Agreement, shall remain members in good standing and those who are not members on the effective date of this Section 5. (a) The Region shall make every good faith effort to Agreement, shall become and remain members in good standing promptly bring disciplinary actions to closure or the action in the Union. It shall also be a condition of employment that all taken by the Region may be considered void. However, it employees covered by this Agreement, and hired on or after its shall be understood that the Region shall not be held liable effective date shall after the thirty-first (31st) day following the for any delays in the application of discipline in circumstances beginning of such employment become and remain members in where scheduling conflicts or the unavailability of the affected good standing in the Union. employee(s) and/or shop steward(s) delay management’s actions. Whenever any disciplinary warning notice is issued Section 2. When the Region needs additional employees, it to an employee, a copy will be furnished to the Union. Such shall give the Union equal opportunity, with all other sources to notice shall clearly set out the nature of the infraction, the provide suitable applicants, the Region shall not be required to immediate penalty, the duration of a probationary period, hire those referred by the Local Union. if any, (but not to exceed four [4] months) and the possible Section 3. Within seventy-two (72) hours of receipt of notice penalty if the infraction is repeated. Failure of the Region to from the Secretary-Treasurer of the Union or his Representative, comply with the terms of notification shall not invalidate the the Region shall discharge any employee who fails to become or disciplinary action taken against the employee. is not a member of the Union on the prescribed day, (provided (b) Any warning notice or complaint which is entered upon an membership was available under the same terms and conditions employee’s employment record shall not remain in effect generally applicable to other members) and further, all employees for a period of more than twelve (12) months from the date who fail to pay the uniform dues and initiation fees required by of the occurrence upon which the complaint or warning is the Union shall be similarly discharged by the Region. based, unless the same offense is repeated and except for Section 4. The Union agrees to indemnify and hold the Region discipline for gross insubordination, willful misconduct or harmless for compliance with the provisions of this article. harassment. If the same offense is repeated, the discipline will remain in effect for fifteen (15) months from the date ARTICLE 5. of the repeated occurrence. The Region shall have the CHECK-OFF option of considering an employee’s pattern of abuse of the Performance Improvement and Discipline Policy and/ Section 1. The Region agrees to deduct from the pay of all or Region (work) rules as grounds for disciplinary action employees covered by this Agreement, the initiation fee, dues (including suspension or termination from employment), in and uniform assessments of the Local Union. Such monies circumstances where an employee’s continuing and repeated shall be deducted in the first week of each month and remitted disregard for established standards of work performance to the Secretary-Treasurer of the Local Union no later than the behaviors persist independent of the normal time limit tenth (10th) day of each month. Written authorization for such expiration of individual, progressive disciplinary notices. deductions shall be provided by the Local Union. Section 6. It is understood and agreed that the Region may Section 2. The Union agrees to indemnify and hold the Region suspend an employee pending investigation of his conduct which, harmless for compliance with the provisions of this article and if proven, would normally result in termination. the Region will notify the Union in writing of all new hires in the bargaining unit. Section 7. It is understood and agreed that employees covered by this Agreement have a responsibility to demonstrate positive and appropriate, customer service behaviors in the course of
- 2 - interacting and relating to all internal and external customers. national grievance and arbitration process in Article 213 of the Due to the essential nature of constructive, customer service to National Addendum and not the local grievance procedure the success of the Region’s blood collection efforts, it is equally outlined below: understood that an employee may be subject to disciplinary Section 1. The Region and the Union agree that a constructive action for failing to assume this responsibility. “good faith” effort will be made whenever possible to resolve any potential controversy, complaint, misunderstanding or ARTICLE 7. dispute between either party (or any Union member[s] and SPECIAL AGREEMENTS Region representative[s] informally prior to submission of said The Region agrees not to enter into any other agreement or issue to the formal grievance procedure. contract with its employees, individually or collectively, which in A grievance is hereby jointly defined to be any controversy, any way conflicts with the terms and provisions of this Agreement complaint, misunderstanding or dispute arising out of or in and the National Addendum. [Article 24] connection with the terms or provisions of this Agreement, or in connection with or relating to the application or interpretation ARTICLE 8. of any of the terms or provisions of this Agreement. Any SHOP STEWARDS grievance arising between the Region and the Union or any Section 1. The Region recognizes the right of the Union to employee represented by the Union shall be settled in the designate Shop Stewards and Alternates. The authority of the following manner: Shop Stewards and Alternates so designated by the Union shall Step 1. A written statement of the grievance, shall be be limited to and shall not exceed the following duties and presented by the employee and/or the Steward to the activities. immediate supervisor within five (5) working days of the 1. The investigation and presentation of grievances in date of the alleged violation. A six (6) month time limit shall accordance with the provisions of the collective bargaining apply in case of an alleged violation of the wage provisions agreement. of this Agreement. If a satisfactory settlement is not effected by the supervisor within three (3) working days after it has 2. The collection of dues when authorized by appropriate been presented to him or her, the Union may proceed to Local Union action. Step 2. Within two (2) working days of the answer in Step 1, 3. The transmission of such messages and information which the written grievance shall be presented to a representative shall originate with and are authorized by the Local Union of the Region. Within three (3) working days after being or its Officers provided such messages and information: presented to the representative of the Region a meeting a. have been reduced to writing, or shall be held with the Shop Steward and the grievant. A decision must be made by the representative of the Region b. if not reduced to writing, are of a routine nature and do and communicated to the Shop Steward and the grievant, not constitute work stoppage, slowdowns, and refusal to in writing, within five (5) working days after the meeting handle goods or any other interference with the Region’s has taken place. Any grievance presented by the Union or business. the Region, rather than by an employee or employees, shall Section 2. Shop Stewards and Alternates have no authority to commence at Step 2 by being presented in writing directly take strike action or any other action interrupting the Region’s by the Union to the representative of the Region or by the business, except as authorized by official action of the Union. representative of the Region to the Union Business Agent. The Region recognizes these limitations upon the authority of Step 3. If no satisfactory settlement has been reached in the Shop Stewards and their Alternates and shall not hold the Step 2, the Union Business Agent shall present the written Union liable for any unauthorized acts. grievance to the representative of the Region with final Section 3. The Shop Steward shall during the time of his or authority to act upon such grievance within five (5) working her service as Shop Steward have seniority over and above all days of the answer received in Step 2. A meeting with the employees for the purpose of layoff and recall. representative of the Region, the Union Business Agent, the Shop Steward, and the grievant shall be held within five Section 4. Employees who are designated by the Union as a (5) working days from the date it is presented at this step. Steward or Alternate shall not conduct their activities during A decision must be made by the representative of the their work time, or the work time of the other employees with Region and communicated to the Business Agent and the whom they are conducting business, without the notification Shop Steward in writing, within five (5) working days after it and approval of their supervisors. Further, there shall be no is discussed in Step 3. disruption of the work operation. Step 4. Any grievance which remains unsettled after having been fully processed pursuant to the first three (3) ARTICLE 9. steps of the grievance procedure, as set forth above, and GRIEVANCE PROCEDURE which involves the interpretation or application of this Any complaints or disputes involving terms and conditions Agreement, may be submitted to arbitration by the Union covered by the National Addendum, shall be governed by the or the Region, but only by the Union and the Region, in
- 3 - accordance with the following procedure: Section 2. As soon as practicable after ratification of the new agreement, the Region will have MUDs submit bid packages for 1. Written notice of the submission of the grievance to four days of work during the week. The Region will schedule arbitration to the other party within thirty (30) calendar MUDs according to those bids by seniority. The Region then days after receipt by the Union of the written decision in will assign any fifth days of work to those MUDs available on Step 3. The party desiring arbitration shall, within five (5) that day based on seniority. It is understood that the Region working days of submitting the grievance to arbitration, shall have the right to change MUD work schedules based on request the Federal Mediation and Conciliation Service operational requirements and changes to the schedule of mobile to submit to the Region and the Union a list of seven (7) operations. arbitrators. Within ten (10) working days after receipt of the list of arbitrators, the Region and the Union shall Section 3. The Region has the right to use other staffing if confer and shall alternately strike names from the list there are no MUDs available for MUD drives, or if there are until one (1) remains who shall be the arbitrator to hear no SCUDs available for SCUD drives or if there are no Supply and determine the dispute. Clerks available for Supply Clerk work. If, however, a SCUD is available to handle a MUD drive for which no MUD is available 2. The fee and expenses of the arbitrator and the expense due to the cancellation of the SCUDs assigned drive, then the of the room where the arbitration hearing is held Region will assign that SCUD to the MUD drive by seniority so shall be shared equally by the Region and the Union. long as the Region is aware of the situation and the availability When possible, the parties shall avail themselves of of the SCUD at least 12 hours before the reporting time for that the opportunity to utilize a mutually suitable room at drive and the assignment does not have an adverse impact on the the Region’s headquarters facility for the arbitration availability of the SCUD under DOT requirements. hearing. Section 4. The Region retains the right to schedule MUD’s for 3. The arbitrator shall not have the authority to amend multiple stops for deliveries, pick-ups, set-ups and breakdowns or modify this Agreement or establish new terms or of blood drives, and SCUD’s for multiple drives. conditions under this Agreement. The arbitrator shall determine any question of arbitrability. Section 5. Management may schedule employees for other business-related purposes such as employee meetings or training 4. The decision of the arbitrator shall be final and binding which are required by government regulation and Region policy upon the Region, the Union, and the employees covered in order to maintain employee(s)’ qualifications to perform their by this Agreement. A decision by the Executive Board of jobs. the Union not to submit a grievance to arbitration shall also be final and binding upon the employees covered by It is agreed and understood that the positions of collection staff, this Agreement. i.e. Collection Specialist I/II and Collection Technicians I/II, are outside of the bargaining unit. Section 2. The time periods set forth in Section 1 above are of the essence of this Agreement and are essential to the proper Section 6. Employees are required to successfully undertake handling and settlement of grievances. Therefore, said time all training deemed necessary by the Region to perform the limits can be extended only by written agreement between the required duties, to successfully complete all training, and to Region and the Union. A grievance that is not timely filed in perform all duties to the Region’s satisfaction. An employee accordance with the provisions of Section 1 shall be considered who fails to perform required duties to the standards set by the void. If the Region does not adhere to the time limits, the Region shall be subject to disciplinary action. grievance shall be, upon the request of the Union, advanced to Section 7. Supervisors (and volunteers) may perform the next level. bargaining unit work in the circumstances outlined in Article 9, Section 3. A Shop Steward shall be permitted to leave his/ Section 3(A)(5) and Section 6 of the National Addendum. her work to investigate and adjust the grievances of any Section 8. Self Contained Unit Drivers (SCUD) shall have the employee after notification and approval of his/her supervisor, right to bid on SCUD drives. The Region shall have the right where feasible and no disruption of the operation will result. to change SCUD work schedules to ensure compliance with Employees shall have the Shop Steward, Alternate Steward, Department of Transportation regulations. or Business Representative of the Union present during the discussion of any grievance with representatives of the Region. ARTICLE 11. However, employees may elect to waive, in writing, the right to PROTECTION OF RIGHTS have a Union representative present. The parties to this Agreement recognize that it is not the intent of the Region to schedule blood drives where a primary labor ARTICLE 10. dispute exists. It is also understood, however, that the Region BARGAINING UNIT WORK may, in order to serve the needs of the community, be required Section 1. Bargaining unit classifications shall include Supply to conduct a blood drive in such circumstances. In the event that Clerks, Mobile Unit Drivers [i.e. MUDs], and Self-Contained it becomes necessary to conduct a blood drive where a primary Unit Drivers [i.e. SCUDs]. [Job classifications to be standardized labor dispute exists, employees covered by the Agreement shall with national classifications] be required to perform their regular duties and failure to do so
- 4 - may lead to the imposition of disciplinary action, except where it Section 7. Employees who have tested positive under the above reasonably appears that crossing a primary picket line will result provisions will be directed by the Region where treatment is in serious injury or violence to the employee or employees. indicated to enter a qualified drug/alcohol rehabilitation program which includes out-patient treatment for a maximum of thirty (30) days unless extended by mutual agreement. Employees ARTICLE 12. will be granted a non-disciplinary leave of absence to enter such DRUG/ALCOHOL TESTING program. Employees may seek coverage for the cost of treatment and disability payments in the event the employee is unable to Section 1. The Region has the right to require employees to work through the Region’s medical insurance and disability submit to a drug and/or alcohol test, based on probable suspicion. insurance plans. Of course, the employee must meet the eligibility When the Region has probable suspicion to believe that an requirements for disability payments and any other plan or fund employee’s behavior and/or performance is influenced by illegal, requirements. While on such leave the employee shall continue or controlled substances and/or alcohol, the Region may, in the to accrue seniority and other benefits if the employee is using presence of a Shop Steward, if possible, require the employee accumulated PTO leave. If however, the employee is on an to go to a medical clinic of the Region’s choosing to provide unpaid leave of absence, he/she will continue to accrue seniority urine and/or blood specimens or other appropriate specimen for only. Employees who test positive will be subject to random laboratory testing. Probable suspicion means suspicion based on testing for a period of two (2) years, at the Region’s expense, specific personal observations that the Region representative following completion of rehabilitation and return to work. can describe concerning, for example, the appearance, behavior, speech or breath odor of the employee, etc. Suspicion is not Section 8. An employee who fails to enter a qualified drug/ probable and thus not a basis for testing if it is based solely on alcohol rehabilitation program and/or does not successfully third party observations and reports. In addition, if an employee complete such a program will be subject to discharge. In the is involved in an on the job related injury that requires medical event an employee tests positive a second (2nd) time within a attention, testing will be performed. The employee will sign an two (2) year period after rehabilitation, that employee may be Informed Consent and Release of Liability form consenting to subject to discipline up to including discharge depending on the have the clinic withdraw a specimen of blood and/or urine or facts and circumstances. other appropriate specimen. Section 9. Employees observed selling, possessing, Section 2. A refusal by an employee to provide specimen urine transporting, or promoting the sale of illegal drugs while and/or blood or other appropriate specimen will constitute a working on the Region premises or at locations used by the rebuttable presumption of intoxication and/or being under the Region shall be discharged. In the event that an employee(s) are influence of a controlled substance and subject the employee to disciplined for a drug related offence (as listed in the preceding discharge. If an employee is unable to provide a urine specimen sentence), management shall conduct a formal investigation of after a reasonable waiting period, not to exceed three (3) hours, the circumstances to determine the facts of the case. Should a the laboratory may terminate the procedure and proceed with grievance be filed, the facts, evidence and conclusions shall be the laboratory testing based upon blood specimens alone. An presented to a joint, labor management review panel. In the event employee may request that drug analysis be performed on his the joint panel concludes that the employee’s (or employees’) blood. discharge is warranted, the discharge shall stand. In the event that a majority decision of the panel cannot be reached, then Section 3. At the time specimens are drawn, the employee a grievance may be presented by the Union according to the shall be given a copy of the specimen collection procedures: the grievance procedure under Article 9, Section 1, Step 3. specimens must be immediately sealed, labeled, and initialed by the employee to ensure that the specimens tested by the Section 10. Employees who have undergone counseling and/or laboratory are those of the employee. treatment under the above policy and who fear relapse and/or experience relapse, may again seek assistance and rehabilitation Section 4. The employee shall note on a form the use of any under this policy without fear of any disciplinary action against prescription or nonprescription medications before any test is them, provident however, such request must come before any given. request for testing by the Region which produces a positive Section 5. Test results will be forwarded to the Region’s Medical result. Any leave of absence granted under this provision will be Officer. Employees who test positive on an initial screening without pay. test (by enzyme immunoassay or other approved screening Section 11. Should the U. S. Department of Transportation procedure) and who test positive on a GC/MS confirmatory test issue regulations or guidelines pertaining to alcohol and/or will be suspended on a nondisciplinary basis until a meeting is substance screening, the Region reserves the right to implement held with the employee, the Union and the Region, as soon as such regulations or guidelines in whole or in part. This includes possible but in no event later than one week. Chain of custody the DOT regulations requiring random alcohol and controlled shall be assured and properly documented in accordance with substances testing for drivers holding commercial driver’s laboratory procedures. licenses (CDLs) as stipulated under the Federal Motor Carrier Section 6. If the original drug/alcohol screen is not confirmed Safety Regulations. Nothing in this article shall negate or by the confirmatory test, the employee shall be returned to work override the controlled substances and alcohol testing provisions and made whole for any and all lost wages. for CDL-covered employees.
- 5 - ARTICLE 13. b. the time and date the employee started working on the day of SAFETY AND WELFARE the accident; Section 1. The Region and the Union recognize the importance c. the nature of the work-related injury or illness, i.e., the type of safety provisions for the protection of health, life and limb of injury or illness and the part(s) of the body affected; of the employees. The Region agrees that it shall make every d. the provider of medical treatment, if any, and the provider’s reasonable effort to provide for the safety of the employees on the address; job and to correct unsafe conditions. The Union and the Region agree that they shall make every reasonable effort to educate the e. the name of the employee’s manager or supervisor. employees in good, safe practice. Each employee shall to the best of his/her ability exercise responsible safety practices and abide ARTICLE 14. by all Region employee health and safety policies and regulations. SENIORITY Section 2. (a) The Region will provide, maintain, and replace all Section 1. Seniority shall be defined as length of continuous safety articles that the employees may be required to wear or service in the bargaining unit subject to the conditions hereinafter use. It is understood and agreed that employees are required provided in this Article. An employee shall be considered a to take reasonable care of all safety articles. Employees will probationary employee for the first one hundred eighty (180) be provided with face shields in workrelated situations which days of employment. Upon completion of the probationary mandate eye protection. period, an employee’s seniority shall date from his date of (b) In the event that the Region requires safety shoes for all hire. Probationary employees shall derive no benefits from the Supply Clerks, the following provisions will apply: These provisions of this Agreement and may be disciplined and/or employees will be required to purchase the initial pair, via discharged by the Region at its sole discretion. Any disciplinary payroll deduction. The Region will reimburse the cost, to action taken against a probationary employee shall not be subject a maximum of $100.00 to the employee upon successful to the grievance procedure of this Agreement. conclusion of the probationary period. The Region will Section 2. An employee shall lose his or her seniority and all provide a maximum of one pair of safety shoes per year rights under this Agreement if: thereafter. Supply Clerks who fail to wear safety shoes may be subject to discipline. a. The employee voluntarily quits;
Section 3. It is understood and agreed that drivers are b. The employee is justifiably discharged; responsible for adhering to safety standard operating procedures c. If the employee does not return to work within five (5) when using any vehicle owned, operated, or leased by the Region. days after receipt of notice by certified mail of a recall from Each employee who operates a Region vehicle shall perform a a layoff, sent to the employee’s last known address (the safety inspection of the vehicle at the start of the daily work shift employee is responsible for insuring that the Region has his and record the inspection information on an inspection checklist or her current address); for submission to the department Supervisor. d. Absence from work for three (3) consecutive days without Section 4. The Region will continue its practice of caring for proper notification to the Region; employees who become incapacitated while at work, in the most e. Absence from work because of layoff for twelve (12) practical and most efficient manner possible at the time. An consecutive months, or absence from work for twelve employee who sustains a work-related accident or illness may (12) consecutive months for illness or injury (with the be required to undergo a medical examination at the discretion understanding that if the employee cannot return from FMLA of the Region. Such examination will be conducted by qualified or other medical leave, employment will be terminated but medical professionals selected for this purpose and at a time and that if the employee is medically able to perform the essential location determined by the Region. functions of his/her job while he/she still has seniority, then Section 5. Drivers will comply with the Region’s Fleet Safety the employee will be returned to his/her previous job); Management Program. f. Refusal, failure or inability to return to work upon the Section 6. Any employee covered by this Agreement who is conclusion of an approved leave of absence, except for a involved in any on the job accident shall immediately report said leave of absence due to illness or injury; and accident and any physical injury sustained to his or her supervisor. g. The employee accepts a position outside of the bargaining In addition, the employee shall report the accident and treatment unit. details to Human Resources as soon as possible after the accident. (The accident report should be completed within twenty-four Section 3. Any job opening in the bargaining unit shall be (24) hours of the occurrence, barring any unusual or extenuating posted for bid for a period not less than five (5) working days. circumstances which would make this impossible or impractical.) The Region shall award the job to the employee who has the skill and ability to perform the job with a minimum of training not The report provided by the employee to Human Resources shall to exceed ten (10) working days. When the skill and ability of include: employees who have bid are relatively equal, then seniority shall a. the date, time and location of the accident; be the deciding factor. If, during the training period as set forth
- 6 - above, the employee cannot perform the job to the satisfaction Section 2. In all cases, the employee must notify his/her of the Region, or the employee decides that he or she does not immediate supervisor, or manager, as soon as possible of an like the new job, the employee shall be returned to his or her unscheduled leave or lateness. No show/no call and failure former position and the next bidder who has the skill and ability to give advance notice of inability to work to the supervisor to perform the job with minimum of training, not to exceed ten designated by the Region at least two (2) hours before the (10) working days, shall be awarded the job. employee’s scheduled reporting time will be dealt with cumulatively by progressive discipline as follows – first time a. Employees may not successfully bid more than four (4) times a verbal warning, second time a written warning, third time a in a 12-month period on posted jobs within the bargaining final written warning or an unpaid suspension and fourth time unit. The 12-month period shall be measured from the date a discharge, all of which will be administered within a rolling of the employee’s first successful bid. fifteen month period. b. If no bidder is chosen by the Region, the Region shall be Section 3. An employee who reports less than forty-five (45) permitted to fill the position from the outside. minutes late for an assignment will be charged with one-half Section 4. In the event of a layoff or reduction in the work of an occurrence under the Region’s Attendance Policy. If an force of the department, the affected employee or employees employee is forty-five (45) or more minutes late for a scheduled shall be able to exercise their department seniority and bump assignment, then, the employee will be charged with one any junior employee whose job he or she can perform within five occurrence under the Region’s Attendance Policy. (5) working days. Section 4. If the event of a no call/no show or in the event Section 5. Seniority shall be used for determining scheduling, of an employee who does not call out at least two (2) hours in overtime work, promotions, PTO selection, layoff and recall. It advance of a scheduled assignment, the Director of Collections is understood and agreed, however, that it may be necessary for may determine in his/her sole discretion that extenuating the Region to change an employee’s schedule notwithstanding circumstances warrant an exception to the disciplinary policy set his seniority in order to provide employees with nine scheduled forth above. hours of continuous rest. their continuous rest consistent with Section 5. Unscheduled absences are defined as any absence Article 10, Section 5B of the National Addendum. not pre-approved by supervision. Unscheduled absences will Section 6. It is understood that management may direct result in formal occurrences being assessed against an employee’s employees to an alternative work assignment in order to attendance record as stipulated in the Region’s Attendance facilitate the scheduling of a disciplinary meeting on the same Policy. The terms and conditions of the Attendance Policy are day. If necessary, management may also reassign a shop steward subject to the sole discretion of the Region. to an alternative work assignment in order to have the steward Section 6. PTO is charged only against scheduled working present at the aforementioned disciplinary meeting. days. Fixed holidays and regular days off during the workweek Section 7. For all employees hired on or after November 1, are not charged to PTO. Saturdays and Sundays on which an 2006, for purposes of determining seniority under this Article, employee would otherwise be scheduled to work will be charged if two employees have the same seniority date, the employee to PTO. whose last name occurs first in alphabetical order shall be Section 7. Employees shall select their scheduled PTO by treated as having more seniority. seniority and shall be able to take their scheduled PTO at any time during the calendar year. Blank PTO schedules covering ARTICLE 15. February 1 through January 31 of the following year will be PAID TIME OFF posted the first two weeks of January through the second week of February and employees shall schedule their PTO based on Employees hired after October 2, 2015 will be covered by the seniority. After the second week of February, use of scheduled “Paid Time Off” provisions outlined in Article 16 of the National PTO will be at the approval of the employee’s supervisor subject Addendum. to the limits in this section. Employees hired on or before October 2, 2015 will continue Section 8. No employee may take more than two weeks of to be covered by the PTO provisions in the Local Agreement scheduled PTO during the summer months, which are defined outlined below until January 1, 2017. On January 1, 2017, all as the period from the First of June through Labor Day. employees will be covered by the PTO provisions outlined in Article 16 of the National Addendum. Employees will continue Section 9. Only four (4) employees in Collections Support per to schedule time off in accordance with this Local Agreement day, but not more than one (1) SCUD per day, and only one (1) or practices until the parties reach agreement on an alternative Supply Clerk per shift will be allowed to take PTO at the same scheduling system pursuant to Article 10 of the National time, unless the schedule permits more as determined by the Addendum. department manager. Section 1. Leave which is not requested at least forty-eight Extended Illness Bank (EIB) shall be subject to Article 16 of the (48) hours in advance and approved by the employee’s manager National Addendum. or designee shall be treated as unscheduled leave under the Region’s Attendance Policy.
- 7 - ARTICLE 16. ARTICLE 18. HOURS OF WORK (Article 7 National Addendum) HOLIDAYS
Overtime, Premium Pay and Shift Differentials subject to Article All holidays will be designated and administered pursuant to 14 and Appendix B of National Addendum. Article 15 of the National Addendum. All floating holidays shall be scheduled in accordance with local agreement(s) and practices Section 1. a. Employees reporting to work on a regularly for the duration of this Agreement. scheduled work day shall be guaranteed four (4) hours of pay at the base rate, unless work is not available because of ARTICLE 19. reason beyond the control of the Region such as failure of JURY DUTY utilities, storms, floods, equipment breakdown, or other acts of God. Section 1. Employees regularly scheduled to work five (5) eight (8) hour days each week shall be paid eight (8) straight-time hours b. If, after the employee has reported to work, there is each day that they serve on jury duty, provided that they were insufficient work available for a full workday, the employee scheduled to work. Employees regularly scheduled to work four may voluntarily use PTO or Leave Without Pay for the (4) ten (10) hour days each week shall be paid ten (10) straight- unused balance of the day. time hours each day that they serve on jury duty, provided that they were scheduled to work up to a maximum of forty (40) hours Section 2. Time off will be offered in seniority order until the per scheduled work week. work force is of appropriate size for the work to be accomplished. Section 2. When such employees report for jury duty service on ARTICLE 17. a scheduled workday, they will not be required to report to work SPECIAL CONDITIONS that particular day. Section 1. Employees will be allowed 15 minutes at the start Section 3. Time spent on jury service will be considered time of their shift to inspect their vehicles and ensure they are in safe worked for purposes of employee contributions to the Pension working condition. Employees shall follow the Region’s vehicle Plan, PTO eligibility and payment, holidays and seniority. inspection procedure. Section 4. Employees are required to present to the Region Section 2. It is understood and agreed that employees must documentation of the requirement to serve on jury duty. adhere to the travel times set forth in weekly scheduling unless they are delayed and the delay can be substantiated. ARTICLE 20. FUNERAL LEAVE Section 3. The Region will pay for parking tickets incurred in the performance of the MUD/SCUD functions provided that all Section 1. An employee shall be granted up to three (3) days oral and written instructions have been followed and prudent off with pay commencing the day after the death of a member judgment has been exercised. of the employee’s immediate family. For purposes of this article, immediate family shall include mother, father, spouse, Section 4. It is understood by the parties that SCUDs, MUDs, child, brother, sister, grandparents, mother-in-law, father- and Supply Clerks are subject due to public health considerations in-law, brother-in-law, sister-in-law, and step-child, provided to the provisions of the Blood Services Letters [BSLs], Blood the step-child was raised by the employee. When extenuating Services Directives [BSDs], Local Operating Procedures [LOPs], circumstances exist, such as extensive travel, two additional days OSHA Regulations on Hazardous Materials and Bloodborne off with pay may be granted at the discretion of the Region. Pathogens as well any other applicable local, state and federal Section 2. Employees regularly scheduled to work five (5) eight governmental regulations. Accordingly, any violations of any or (8) hour days each week shall be paid eight (8) straight-time all of the aforementioned directives, procedures or regulations hours each day that they are absent on funeral leave, provided may result in the employee being subject to formal discipline, up that they were scheduled to work. Employees regularly scheduled to and including termination from employment. to work four (4) ten (10) hour days each week shall be paid ten Section 5. At the discretion of management an employee may (10) straight-time hours each day that they are absent on funeral be asked to function as a preceptor for other employee(s). The leave, provided that they were scheduled to work. preceptor will be responsible to provide on-the-job training as Section 3. Employees are required to present to management requested by the Region. To be eligible to be a preceptor, the verifying documentation of the need to be absent on funeral employee must have been performing the job for at least one leave for one or more immediate family members as stipulated in (1) year and have a good attendance and performance record as Section 1 of this Article. determined by the Region. The Region will ask for volunteers and select the most senior qualified volunteers to be trained as ARTICLE 21. preceptors. Once an employee volunteers and is selected to be a LIE DETECTOR preceptor, then the employee must accept preceptor assignments, which will be rotated. An employee functioning as a preceptor The Region shall not require, request, or suggest that an employee shall be paid the premium rate outlined in Appendix B of the or applicant for employment take a polygraph or other form of National Addendum. lie detector test.
- 8 - ARTICLE 22. Health and Welfare plans (i.e. Medical, Dental, Vision, Life LEAVE OF ABSENCE Insurance (including Supplemental Life), Disability (both Short- and Long-Term), Wellness Incentive and Health Care Flexible Leaves of absence will be granted in accordance with the Spending Account plans. Region’s established written policy. It is also understood that the Region shall retain the right to change, alter or amend the leave ARTICLE 27. of absence policy at its discretion. FINALITY ARTICLE 23. The Region and the Union acknowledge and agree that during MILITARY LEAVE CLAUSE the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals Any employee entitled to re-employment under a federal statute with respect to any subject or matter as to which either party relating to reemployment of persons honorably discharged from is obligated by law to bargain, and that all understandings the Armed Services shall be reemployed in accordance with the and agreements arrived at between the Region and Union provisions of the statutory enactment in effect at the time said after the exercise of that right and opportunity are set forth employee applies for reinstatement. in this Agreement. This Agreement, thus, contains the entire understanding and agreement of the parties hereto and finally ARTICLE 24. determines and settles all matters of collective bargaining for NON-DISCRIMINATION CLAUSE and during its term. Section 1. All bargaining unit employees are covered by the It is understood that the Region retains the discretion to revise or non-discrimination clause in Article 4 of the National Addendum. amend any of its policies which are referenced in this Agreement. Section 2. Captions and terms contained and used in this However, in the event that the Region decides to revise or amend Agreement are for convenience only, and whenever the any Human Resource policy applicable to this Agreement (i.e., masculine or feminine gender is used, it shall equally include H.R. Policy No. 100.1, Attendance; H.R. Policy No. 100.2, Leave the other. of Absence; H.R. Policy No. 100.3, Family & Medical Leave of Absence; H.R. Policy No. 100.4, Military Leave of Absence; Section 3. No employee covered by this Agreement shall H.R. Policy No. 200.6, Paid Time Off; H.R. Policy No. 400.1, engage in any form of harassment of any employee as defined by Performance Improvement & Discipline Policy; H.R. Policy the Region’s Equal Employment Opportunity, Sexual and Other No. 400.2, Alcohol/Controlled Substance Test Required for Prohibited Harassment, Discrimination and Retaliation Policy. CDL; H.R. Policy No. 500.2, Equal Employment Opportunity, Any violation of this provision may result in discharge. Sexual and Other Prohibited Harassment, Discrimination and Retaliation; H.R. Policy No. 800.7, Inclement Weather; H.R. ARTICLE 25. Policy No. 800.8, Workplace Violence Prevention), management SEPARABILITY AND SAVINGS CLAUSE shall be obliged to give notice and an opportunity to review with the Union leadership these changes in advance of their If any Article or Section of this contract or any Riders thereto implementation. The Union shall retain the option of grieving should be held invalid by operation of law or by any tribunal management’s action under Article 9. of competent jurisdiction, or if compliance with or enforcement of any Article or Section should be restrained by such tribunal pending a final determination as to its validity, the remainder of ARTICLE 28. this contract any of Riders thereto, or the application of such TERMINATION AND RENEWAL Article or Section to persons or circumstances other than those THIS AGREEMENT shall become effective as 12:01 a.m. as to which it has been held invalid or as to which compliance November 1, 2012 October 1, 2018 and shall remain in full force with or enforcement of has been restrained shall not be affected and effect until twelve o’clock midnight on September 30, 2018 thereby. In the event that any Article or Section is held invalid September 30, 2021 and shall be renewed or reopened consistent or enforcement of or compliance with which has been restrained with Article 2425, Section 1 of the National Addendum. as above set forth, the parties affected thereby shall enter into immediate collective bargaining negotiations upon request of In the event the parties do negotiate for a modification or the Union, for the purpose of arriving at a mutually satisfactory termination of this Agreement, the Union agrees to provide the replacement for such Article or Section during the period of Region with a written notice of any intention to strike at least 10 invalidity or restraint. days before any strike commences. This notice shall contain the date and time the strike shall begin, though the notice may be ARTICLE 26. extended by written agreement of the parties. This requirement HEALTH AND WELFARE AND PENSION to provide a 10 day strike notice shall survive the expiration of this Agreement and any renewal or extension thereof. The Retirement benefits shall be administered in accordance with inclusion of this paragraph is not an admission that the Region is Article 1921 of the National Addendum. Health insurance and a healthcare institution within the meaning of the NLRA.) related benefits shall be administered in accordance with Articles 1719 and 1820 of the National Addendum. Employees will no IN WITNESS WHEREOF, the parties hereto have caused longer be eligible to participate in the Employer sponsored this Agreement to be duly subscribed by their duly authorized
- 9 - representatives as of this 1st day of November, 2012 1st day of second (2nd) pay day in January of each year, the beginning October, 2018 and this Agreement shall be binding upon their balance for PTO for the calendar year. The balances furnished heirs, administrators, successors and assignees. are a forecast for information purposes only and shall not be construed as leave available for immediate use. FOR THE UNION: FOR THE REGION: Teamsters Local 570 American Red Cross Exhibit 5 ______AMERICAN RED CROSS 401(K) PLAN Sean Cedenio Lordston Foster Retirement benefits shall be administered in accordance with Secretary-Treasurer Director, Labor Relations Article 1921 of the National Addendum. ______Richard Brown Diane A. Robinson Exhibit 6 President HR Business Partner LETTER OF UNDERSTANDING – SUNDAY ROTATION November 1, 2006 ______This will confirm our conversation regarding the rotation of Lisa Macaluso Sunday work for the Mobile Unit Drivers (MUDs) and the Director, Collections separate rotations of Sunday work for the Self Contained Unit
Drivers (SCUDs) and Supply Clerks. Exhibit 1 MEMORANDUM OF UNDERSTANDING – TARDINESS In consideration of the MUD’s/SCUD’s request, Sunday work It shall be understood by both Region management and the on mobiles shall be rotated among the MUDs/SCUDs, with Union that an employee in the bargaining unit shall not be the rotation being based upon seniority and set on a two week assigned a tardy (i.e. one-half of an occurrence) under the basis. Should a MUD’s/SCUD’s Sunday work be cancelled by Region’s Attendance Policy, until the employee is late reporting the Region, through no fault of the employee, he or she shall (at the beginning of his or her assigned work starting time) for be assigned to the next Sunday when work is available, after more than seven (7) minutes. the set two week work schedule, and the rotation shall continue thereafter as though it had not been interrupted. In the event Exhibit 2 that a MUD/SCUD is on the two week schedule and calls out STARTING WAGE RATES or is absent, then the MUD/SCUD loses his or her position in that particular rotation. In the event that a MUD/SCUD who The starting wage rates as of November 1, 2006 October 1, 2018 is not on the 2 week work schedule is offered such work and are as follows: declines, then the MUD/SCUD would not lose his or her position SelfContained Unit Driver (SCUD) $14.47 16.41 in that particular rotation. Should the MUD/SCUD accept an Mobile Unit Driver (MUD) $13.41 15.29 assignment due to the absence of the scheduled MUD/SCUD, Supply Clerk $11.09 11.77 that will not be deemed as his/her turn within the current rotation period. When assigned to Sunday work through rotation, it shall During the term of this Agreement, the Region will pay be the responsibility of the individual MUD/SCUD to inform the employees and hire new employees for the classifications listed scheduler if the MUD/SCUD is unable to fill this assignment. in this Exhibit at least the minimum starting rates listed above. Any failure by that MUD/SCUD to respond within the required The Region reserves the right to increase these minimum starting time frame for response will be regarded as a “no call/no show” rates when it determines that market factors make it prudent to violation as stipulated in Article 15 (PTO) Section 5. When the do so. The Region also may hire employees at higher rates when MUD/SCUD assigned to Sunday work notifies the scheduler deemed appropriate due to education and/or relevant experience that he or she is unavailable to fill the assignment, that Sunday or previous experience within the American Red Cross system, work shall be offered to available MUDs/SCUDs, as appropriate, but not to exceed the highest rate for the classification. by order of seniority and, if not accepted, shall be assigned by reverse seniority to available MUDs/SCUDs, as appropriate. Exhibit 3 EMPLOYEE WORK RULES Except for those Supply Clerks who are specifically assigned to It is understood and agreed by the parties that the employee work on Sundays, there will be a rotation of Supply Clerks for work rules as stipulated in the 1994-1997 Agreement (i.e., former Sunday shifts. Exhibit 2 of the 1994-1997 collective bargaining agreement) This shall not be construed to guarantee work on Sunday for shall be replaced by the Region’s Performance Improvement any employee. The Region shall continue this practice provided & Discipline Policy (currently H.R. Policy No. 400.1) and the its staffing and operational requirements continue to be met. Region’s Attendance Policy (currently H.R. Policy No. 100.1) as However, the Region reserves the right to modify or discontinue amended by the Memorandum of Understanding in Exhibit 1. this arrangement at any time in consultation with the Union. Nothing in this Letter of Understanding shall prevent the Exhibit 4 Region from hiring MUDs, SCUDs or Supply Clerks who will be PAID LEAVE BALANCE INFORMATION specifically assigned to regularly work on Sundays, after posting The Region shall furnish each employee in the bargaining unit such a position, and the employees who fill such a position then (employed as of January 1 of the given year), no later than the will not be subject to the terms of this Letter of Understanding.
- 10 - NATIONAL ADDENDUM American Red Cross and Coalition of American Red Cross Unions
For the Period: October 1, 2015 2018 through September 30, 2018 2021
The parties reserve the right to correct inadvertent errors and omissions. This is the entire agreement which includes unchanged articles and tentative agreements. Additions and new language are bold and underlined. Language from the prior National Addendum that is being deleted is struck through.
AGREEMENT BETWEEN SEIU Local 1989, SEIU Local 521, SEIU Local 721, SEIU Local 221); IBT (Teamsters Local 170, AMERICAN NATIONAL RED CROSS Teamsters Local 223, Teamsters Local 243, AND Teamsters Local 25, Teamsters District Council 2, Local 3018 388M, Teamsters Local 337, COALITION OF AMERICAN RED CROSS Teamsters Local 340, Teamsters Local 391, UNIONS Teamsters Local 414, Teamsters Local 507, (AFSCME, AFT, CWA, IBT, IUOE, SEIU, UAW, Teamsters Local 523, Teamsters Local 542, UFCW & USW) Teamsters Local 554, Teamsters Local 570, Teamsters Local 63, Teamsters Local 682, Teamsters Local 71, Teamsters Local 728, This Agreement is entered into on July 31, 2015, Teamsters Local 760, Teamsters Local 795, between AMERICAN NATIONAL RED CROSS Teamsters Local 839, Teamsters Local 929); UAW (hereafter referred to as "ARC" or “American Red (UAW Local 2322 & UAW Local 771); UFCW Cross” or "Red Cross") and the COALITION OF (UFCW Local 75 & UFCW Local 1059) & USW AMERICAN RED CROSS UNIONS consisting of (Steelworkers Local 254 & Steelworkers Local AFSCME (AFSCME Council 31, Local 2691, 9287) (hereinafter collectively referred to as the AFSCME Local 1199 DC NUHHCE, AFSCME “Coalition” or individually as "Union" or "Local AFSCME Local 1205, Local 3652 NUHHCE, Unions (s)"). AFSCME Local 1558, AFSCME Local 3145, AFSCME Local 3931); AFT (AFT – Local 5103 * The Local numbers listed above are subject to HPAE, AFT - Oregon Nurses Association Local change. 5905); CWA (CWA National on behalf of CWA Local 1118, CWA Local 1122, CWA Local 1123, PREAMBLE CWA Local 13000, CWA Local 13500, CWA Local 2201, CWA Local 2100); International Union of Operating Engineers Local 542, SEIU The parties hereto enter into this collective (SEIU Healthcare Michigan, SEIU Local 1199 bargaining agreement for the purpose of UHE-Massachusetts, SEIU Local 1199 WKO, maintaining harmonious labor conditions and establishing methods for a fair and peaceful
TENTATIVE AGREEMENT 1
resolution of disputes that may arise between the Coalition of American Red Cross Unions parties. The parties recognize and agree that a (“Coalition”) representing Local Unions harmonious relationship depends on mutual respect affiliated with the American Federation of State, and a shared commitment to the public good by County and Municipal Employees (AFSCME), ensuring that blood products are collected and American Federation of Teachers (AFT), processed in a safe manner, through a healthy and Communications Workers of America (CWA), safe work environment and by having qualified International Brotherhood of Teamsters (IBT), staff. All parties hereto pledge to cooperate with International Union of Operating Engineers each other in good faith in the enforcement of the (IUOE), Service Employees International terms and conditions of this National Addendum Union (SEIU), United Automobile, Aerospace (hereafter "National Addendum" or "National and Agricultural Implement Workers of Agreement" or “National Tentative Agreement” America (UAW), United Food and Commercial (“NTA”)). Workers (UFCW), and the United Steelworkers (USW), is also a party to this Agreement and the ARTICLE 1. Parties to the Agreement agreements supplemental hereto.
Section 1. Employer Covered B. The Employer recognizes each Local Union (and CWA National on behalf of its Local The Employer signatory to this National Unions) as the sole and exclusive collective Agreement/Addendum and associated Local bargaining agent with respect to rates of pay, Agreements, addenda and/or riders is the American hours and other terms and conditions of National Red Cross. The American National Red employment for its own respective bargaining Cross is a single national non-profit corporation and unit employees in certified or recognized units a federally chartered instrumentality of the United referenced in Appendix A hereto. States, able to conduct its business and affairs, and otherwise hold itself out, as the ‘American Red C. A list of all the Local Unions covered by this Cross’ in any jurisdiction. The chapters or other National Addendum is described in Appendix A local or regional offices of the corporation are local to the National Addendum, which will be units of the corporation, for which the corporation updated by the parties by mutual written prescribes all policies and regulations, and which agreement as additional operations or are not legal entities separate from the corporation. employees become covered by this National As such, the American National Red Cross has the Addendum. authority to negotiate and execute contracts on behalf of any such chapters or regional offices. ARTICLE 2 – Scope of the Agreement
Section 2. Unions, Operations and Employees The National Addendum covers specific terms and Covered conditions of employment negotiated by the parties, and is intended to supplement Local Agreements. A. The "Union" consists of any “Local Union” The National Addendum shall supersede and which may become a party to this National replace any conflicting or inconsistent terms and Addendum and any Supplemental Agreement as conditions of Local Agreements identified prior to hereinafter set forth. Such Local Unions are the ratification of both the National Addendum hereinafter collectively referred to as “Local and Local Agreement. where identified by Article Unions.” In addition to such Local Unions, the 22. Any post-ratification disputes regarding
TENTATIVE AGREEMENT 2
errors and/or omissions will be handled through Article 20, and bargain any changes to the the National Grievance process. extent required by law.
ARTICLE 3. Me Too Provisions – NO CHANGE B. Prior to implementing or posting any new job classifications or positions, the Red Cross All “Me-Too” provisions in any Local Agreements, shall provide the Coalition with notice in side letters, riders, supplements, etc., which have accordance with Article 20. incorporated the terms and conditions of this National Addendum shall be considered null and Section 2. Employees shall fall into the following void from the effective date of this Agreement. four categories: Such provisions may include, but are not limited to the areas of pension, holidays, health insurance, and A. Regular Full-Time: American Red Cross paid time off (PTO). employees who are normally scheduled to work 40 or more hours in a work week (or 80 hours in ARTICLE 4. Equal Opportunity Employer – NO a two week period) and are not a temporary CHANGE employee. This includes those employees who are regularly scheduled to work 35 or more
The Employer and the Union agree not to hours per week and are members of bargaining discriminate against any individual with respect to units where this was considered to be full time any term or condition of employment nor limit, employment at the time of the ratification of this segregate or classify employees in any way to National Addendum. deprive any individual employee of employment opportunities because of such individual’s race, B. Regular Part-Time: American Red Cross color, religion, sex, national origin, disability, employees who are normally scheduled to work veterans status, sexual preference or orientation, less than 40 hours in a work week (or less than gender identity, genetic information (consistent with 80 hours in a two week period) and are not a the Genetic Information Nondiscrimination Act temporary employee. This includes those (GINA)), age, and any other legally protected group employees who work less than 35 hours where or class. Nothing in this National Addendum shall full-time is considered as 35 or more hours per be interpreted to deny any employee his/her ability week. This category also includes employees to raise statutory discrimination claims through who work on an as-needed basis without a applicable court or administrative proceedings. defined schedule. Hours worked by employees without defined work schedules will be reviewed every six months for prolonged ARTICLE 5. Employment Categories periods of inactivity. Section 1. C. Temporary Full-Time: American Red Cross A. The Red Cross shall standardize all employees who are hired and normally bargaining unit job classifications within the scheduled to work 40 or more hours in a work first one hundred eighty days (180) days from week (or 80 hours in a two week period) to the effective date of this Agreement. Prior to supplement the workforce on a temporary basis. implementation, the Red Cross shall serve Employment assignments are limited up to six notice to the Coalition in accordance with months. One extension up to six months (not to exceed a total of 12 months) of a temporary assignment may be awarded. The extension
TENTATIVE AGREEMENT 3
does not change the employment category. ARTICLE 6. Labor Management Partnership Once a temporary American Red Cross employee exceeds 180 calendar days of Section 1. The continuing viability and employment, he/she will automatically sustainability of the Red Cross is critical to donors, become a member of the bargaining unit. contributors, the public, employees and the entire Red Cross family. This sustainability is advanced D. Temporary Part-Time: American Red Cross through a true partnership between labor and employees who are hired and normally management. Collaboration empowers all scheduled to work less than 40 hours in a work stakeholders. As such, the parties establish this Red week (or less than 80 hours in a two week Cross Labor Management Partnership period) to supplement the workforce on a (hereinafter “LMP”) to effectuate a lasting and temporary basis. This category also includes effective labor management partnership. employees who are hired to temporarily supplement the workforce and work on an as- Section 2. Key objectives of the LMP shall be to: needed basis without a defined schedule. Employment assignments are limited up to six A. Assist in achieving and maintaining industry months. One extension up to six months of a leading performance and competitiveness; temporary assignment may be awarded (not to exceed a total of 12 months). The extension B. Make Red Cross an employer of choice in does not change the employment category. every location; Once a temporary American Red Cross employee exceeds 180 days of employment, C. Expand the number of Red Cross donors and he/she will automatically become a member sponsors; of the bargaining unit. D. Provide Red Cross employees with Section 3. Medical Benefit Eligibility by employment and income security; Employment Classification E. Obtain employee feedback; and, A. Regular Full-Time: eligible for full-time medical benefits when they work 30 or more F. Maintain a collaborative labor management hours per week environment.
B. Regular Part-Time: eligible for part-time Section 3. Process and Structure of LMP medical benefits when they work from 20-29 hours per week. Any part-time employees who A. The parties will maintain establish a Senior work fewer than 20 hours/week are not eligible Partnership Committee (SPC) within sixty for benefits (medical and otherwise) (60) days of the effective date of this Agreement consisting of an equal number of C. Temporary Full-Time: not eligible for medical (but not less than five (5) each) Red Cross benefits executive level staff and Union Coalition leadership. Red Cross’ Biomedical President, D. Temporary Part-Time: not eligible for medical COO and Vice-President of Collections will benefits be members of the SPC. The parties shall designate their respective co-chairs. The SPC
TENTATIVE AGREEMENT 4
will meet as often as necessary, at least once Existing arrangements shall be permitted to per quarter, to discuss strategic issues of the continue and where possible be enhanced by Partnership and implement, review and SPC partnering efforts. oversee initiatives at all levels. Section 4. Support and Tools for Partnership. The powers of the SPC do not supersede the Red Cross agrees to provide the following to the legally mandated obligations of the parties unions in order to enable them to engage in the such as the duty to bargain over mandatory work of furthering the LMP: subjects, the duty of the unions of the Coalition to represent the interests of their A. Access to Premises – The union's leaders and members as well as Red Cross’ management staff shall not be unreasonably denied the rights. In that regard, the parties recognize access to Red Cross facilities. that the SPC and the partnership process is not a forum to negotiate mandatory subjects of B. Orientation – When new employees are hired, bargaining or make changes to the collective they shall be given an orientation packet bargaining agreement. provided by the Union, and all new employees shall be introduced to Union B. LMP Access to Information leadership at the worksite during that The parties will cooperate and share orientation. Union leadership shall be given information with each other. If the opportunity to address new hires during appropriate, the Union may be required to this orientation for a reasonable amount of execute a nondisclosure agreement. Any time to be determined by the parties at the provided documentation will be at no cost to local level; and the Employer shall provide the Unions of the Coalition. a private office or conference room to hold the meeting, if available. C. Consultants The parties may jointly request the assistance C. Unit Membership Lists – On the first of the Federal Mediation and Conciliation workday of every month, the Employer shall Service (FMCS) to assist the Partnership transmit to the respective Local Union a formation and implementation process and to current list of all bargaining unit employees, continue with such assistance until such time including their name, cell phone number, as the majority of SPC members agree that home address, email, shift information, these services are no longer required. payroll dues deduction status, date of hire, job title/classification, rate of pay, hours D. Partnerships at Other Organizational Levels worked, date of entry into current job The SPC may create joint partnership classification, worksite location and DOB to subcommittees to engage in the the union via electronic means, to the extent implementation of joint partnership action such information is available. plans and initiatives. All joint committees created by the SPC will consist of an equal D. Upon thirty (30) days written notice from number of members from the respective the Union, the Employer will provide up to Union(s) and Red Cross. one (1) additional payroll deduction slot to be used by the Unions of the Coalition for E. Existing Labor-Management Cooperation partnership support from bargaining unit Arrangements members or for other designated purposes.
TENTATIVE AGREEMENT 5
Red Cross shall remit said support to the campaign nor shall the Employer engage or Coalition on a monthly basis with otherwise employ a consultant or agent whose transmittal summaries. charge is to design and/or implement a campaign to dissuade employees from selecting Section 5. Employer Neutrality and Majority the Union as their collective bargaining Verification Procedure representative. For purposes of this Section, the Parties also understand that the employees in the A. Red Cross and each Union of the Coalition subject bargaining unit shall not be considered recognize that it is important: for employees to “agents” of either party absent proof of agency have a voice at work; to acknowledge and in connection to the specific conduct at issue. respect the fundamental rights of workers to decide whether to be represented by a Union C. The Parties shall not threaten, intimidate, and engage in collective bargaining in an discriminate against, retaliate against, or take environment free of intimidation, threats or any adverse action against any employee based coercion; and to acknowledge and respect the on his or her decision to support or oppose role of Unions in representing the interests of Union representation. employees who have chosen to designate the Union as their exclusive representatives for D. The Parties shall issue a mutually agreed-upon purposes of collective negotiations. The parties Employer statement to be provided to believe that collective bargaining is a vehicle employees who have questions about this that provides respect to workers; and, Section. This statement shall be distributed in understand that voice, collaboration, and every reasonable manner possible, including, partnership are consistent with the mission of but not limited to: posting on bulletin boards, the American Red Cross. Further, the Parties distribution through the Employer’s internal recognize that non-union employees within Red mail system, and distribution through the Cross have the right to express their desire to be Employer’s e-mail system. represented by a Union and that the Unions of the Coalition desire to represent these E. When a Coalition Union seeks to organize non- employees. represented Red Cross employees under this Article, the Coalition shall provide Red Cross B. The Employer shall remain neutral regarding the with a written Notification of Interest, which question of Union representation of any of its shall state the job classifications and location of unorganized non-managerial, non-supervisory the employees that the Union seeks to represent and non-confidential employees. The Parties and which Coalition Union seeks representation. agree that the question of whether employees Upon receipt of such notice, the Business should or should not be represented by the Agent/Senior Official of the Union, the Red Union is an individual decision which Cross manager in charge of the facility, and the employees should answer free of intimidation, Director of Labor Relations shall promptly meet threats or coercion from anyone. The Employer to discuss protocols regarding introductory agrees that it shall direct its officers, managers, meetings, employee communications, and supervisors and agents that they shall not access restrictions (which shall limit organizing comment or communicate, directly or indirectly, access under this Section to the sole purpose of to the contrary. Likewise, the Employer shall communications with Red Cross employees), not provide assistance to any individual or with the understanding and agreement that there group who may wish to pursue an anti-union will be no interference with the conduct of Red
TENTATIVE AGREEMENT 6
Cross’ business, with donors and sponsors, or of eligible employees shall contain the with the performance of work by the employees following information: the employee’s name, during working hours or in working areas. job title/department, home address, home telephone number and mobile telephone F. Within three (3) business days of written notice number, to the extent available. Lists of from the Coalition of the start of a unionization excluded personnel shall state the reason why effort by a Coalition designated Union, the the employee has been excluded. Employer shall organize a meeting of its managerial and supervisory personnel to which J. The Employer agrees to grant Union representatives of the designated Union shall be representatives reasonable access to its Red invited. Union representatives will be given Cross-owned or controlled workplace facilities sufficient time to explain the provisions and (excluding mobile sites) during business hours. operation of the LMP Article to the assembled The Employer will inform its employees that personnel. The Union shall conduct an discussion of the question of unionization is organizing campaign that is focused on the permitted at work, as long as it does not benefits of unionization and collective voice for interfere with or disrupt normal work activities the workers and the Red Cross, and shall not and does not occur in front of sponsors and engage in communications that are defamatory donors. If the Employer is asked about the towards the Red Cross, its managers, permissibility of having discussion about supervisors, employees, donors, or sponsors. unionization in the workplace, the Employer shall respond consistent with parameters set G. The Parties shall provide each other with at least forth herein. The Employer shall grant twenty-four (24) hours advance notice of any representatives of the Union reasonable access press announcement concerning the LMP to employees at each of its locations. agreement and the Employer neutrality obligation and shall ensure that such press Union representatives shall not be denied announcement is consistent with the terms of reasonable access to non-work break areas or this Section. similar spaces. Union representatives shall be given reasonable access to work space and sites H. The Parties may, from time to time, issue joint during non-work time provided no donors are communications or announcements. Nothing in present. The Employer shall not conduct this Article shall be construed to limit either surveillance of Union representatives. Union party’s ability to engage in their own representatives shall not unreasonably be denied communications so long as such access to exterior employee areas and parking communications are consistent with the terms lots. Union representatives shall be given set forth in this Section. reasonable access to all entrances to Employer facilities for the purpose of distributing I. Once the Coalition has submitted a Notification literature to employees and communicating with of Interest under this Article, and the majority them. verification procedure described herein is utilized, the Employer will provide to the K. The Coalition designated Union may request Coalition designated Union (upon its request) recognition as the exclusive bargaining lists of employees eligible for representation and representative for any appropriate unit of those excluded due to their status as managerial, employees in which the Union claims majority supervisory, or confidential personnel. The lists status. The Coalition shall retain the right to
TENTATIVE AGREEMENT 7
request recognition for its designated Union at N. The first collective bargaining agreement any location and facility where Red Cross applicable to any new bargaining unit will be employees remain unrepresented, subject to the determined as follows: above restrictions. The Employer agrees to voluntarily recognize the Coalition designated 1. The Employer and the Union shall meet Union upon a showing of majority status in any within fourteen (14) days following recognition appropriate unit described by the Coalition in its to begin negotiations for a first collective written notice. Proof of majority status shall be bargaining agreement. based on a private secret ballot election arranged and conducted by the Arbitrator. Any 2. If, after one hundred twenty (120) days election will be held at the respective Red Cross following the commencement of negotiations, facility following published notice to the the Union and the Employer are unable to reach employees of at least 14 days and shall be agreement for such collective bargaining conducted on date(s) and time(s) that will agreement, they shall submit those matters that maximize employee opportunity to vote. The remain in dispute to the Rapid Response Team Union and Red Cross may each designate a consisting of two appointees designated each by witness to be present during the entire voting Red Cross and the Coalition, which shall use period. The Arbitrator shall establish and their best efforts to assist the parties in reaching oversee the rules of the election and shall certify a collective bargaining agreement. If, after to the parties the results of the election. The thirty (30) days following such submission to Arbitrator shall be jointly selected from among the Rapid Response Team of outstanding the arbitrators designated pursuant to Section P matters, the Union and the Employer remain below and compensated by the parties. The unable to reach a collective bargaining decisions of the Arbitrator will be final and agreement, at the discretion of the Union, the binding upon the parties. matter may be submitted by the Coalition Union to conventional binding interest arbitration in L. The parties shall attempt to agree upon an accordance with procedures set forth below. appropriate bargaining unit with regard to each Either party may request a good faith extension election held pursuant to this Article for of these periods. If the Union chooses to invoke purposes of collective bargaining. Any issue interest arbitration, the interest arbitrator shall including disputes over an appropriate unit that consider existing terms and conditions of cannot be resolved shall be decided by the employment at the location at issue in reaching arbitrator and such decision shall be final and the decision and shall take into account the binding. terms of the National Addendum in any award on the issues. M. In the event the Coalition designated Union is recognized as the bargaining representative of 3. If interest arbitration is invoked, it shall be a the Employer’s employees, the Union and the conventional arbitration proceeding. The Employer agree to immediately enter into good- interest arbitrator shall be authorized to evaluate faith negotiations for the purpose of reaching a the proposals of the Employer and the Union on mutually acceptable collective bargaining an issue-by-issue basis and fashion a remedy agreement which it is anticipated by the Parties that attempts to accommodate and reconcile the to include the National Addendum. interests of the Parties. The interest arbitrator shall be authorized to add to, detract from, or modify the final offers submitted by the Parties.
TENTATIVE AGREEMENT 8
The decision shall be in writing and shall be P. There shall be a list of agreed-upon permanent rendered within thirty (30) days after the close arbitrators designated to resolve disputes that of the interest arbitration hearing record. Costs arise pursuant to this Section. of interest arbitration shall be split by the Red Cross and the Coalition designated Union. Q. The above list of arbitrators and the manner set forth for their selection shall also be utilized for 4. Throughout the proceedings described above first contract interest arbitration. concerning the negotiations of a first collective bargaining agreement and any interest R. The Parties agree that any disputes regarding the arbitration that may be engaged in relative interpretation or application of this National thereto, the Union agrees that there shall be no Addendum shall be submitted to arbitration strikes, leafleting or organizational picketing at before the arbitrator selected herein on an any Red Cross/sponsor/donor facility (including expedited basis. Any hearing (which may be informational and area standards picketing) in telephonic) before the arbitrator shall be support of any of its organizing activities or scheduled within three (3) business days of the bargaining demands, but employees may filing of the dispute with the arbitrator. The distribute flyers in the non-work areas of Red timelines set forth herein may be waived with Cross’ facilities that are aimed at informing the agreement of the Parties. An arbitrator’s other employees about forming a union. The ability to comply with the timelines set forth Employer likewise agrees not to resort to a herein shall be determinative of the choice of lockout or partial lockout of employees to arbitrator from among those listed herein for support its bargaining position. In those any particular hearing. The parties further agree circumstances where a Union has chosen not to that the arbitrator shall have the right to invoke interest arbitration, the provisions of this determine the nature of the hearing to be held paragraph, number 4, shall expire after one under the circumstances, including whether hundred twenty (120) days from inception of written evidentiary submissions are sufficient. negotiations. The arbitrator shall have the authority to enter an award (including by bench decision) for full O. The Employer and the Union shall each remedial relief, as well as the authority to order designate a top level representative to discuss the non-complaining party to comply with this complaints about alleged violations or any National Addendum. The arbitrator shall also alleged violation of this Section 5. If, whenever have the authority to issue any interim relief, the majority verification process is utilized or such as temporary restraining orders or during the period leading up to such utilization, preliminary injunctions, prior to a hearing. The one party believes another party has violated Parties agree that the decision of the arbitrator these standards, the affected party should shall be final and binding. If a party fails to contact the other party’s representative by phone comply with a ruling, enforcement may be or email. The Parties should have a direct sought in United States District Court, and the conversation within twenty-four (24) hours to Parties consent to the entry of any order of the try to resolve the issue. Where the Parties agree arbitrator as the order or judgment of that court. that a violation has occurred, and it is possible to correct the problem, the party responsible for S. The Employer shall instruct its management and the violation will make a good faith effort to supervisory personnel on the terms of this correct the problem immediately. Section 5. The Coalition Union shall instruct
TENTATIVE AGREEMENT 9
their representative on the terms of this Section the outcome of the reviews, the Employer will 5. develop recommendations to be inclusive of timelines and agree on a solution with the Local 9. The Employer shall neither file, nor support a Union. third party filing, a representation petition with the National Labor Relations Board or any other Section 4. The Employer shall have the right to Labor Board. The Employer will not seek, or maintain, institute and change shifts, workweeks require the Union to seek, a National Labor and pay periods, so as to obtain the production it Relations Board representation election. The desires. This includes the right to establish, Employer waives its right to insist on a National maintain or discontinue shifts. Labor Relations Board election and certification prior to recognizing the Union if the arbitrator Section 5. Saturday or Sunday work may be certifies that a majority of the employees in the required of all employees, and will be scheduled designated unit desire the Union to be their according to Local Agreements. exclusive bargaining representative. ARTICLE 8. Rest Breaks and Meal Periods ARTICLE 7. Hours of Work Section 1. Rest Breaks Section 1. The standard workweek will be a Saturday to Friday pay period, unless prohibited by A. Employees shall be provided a fifteen (15) state law. Staff will be paid bi-weekly on a Friday, minute rest break during the first four (4) hours with a seven (7) day pay lag. of their shift. The employee’s first break shall be given no sooner than one and one half (1 ½) Section 2. Nothing in this National Addendum shall hours after the start of the drive shift. For be construed as a guarantee of hours of work per Collections staff, the employee’s first break day, per week, or per pay period. Nothing in this shall be given no sooner than one and one Agreement shall limit the Employer from requiring half (1 ½) hours after the start of the drive. longer hours of work as long as the overtime For blood drives scheduled with 4 hours of requirements set forth in Article 14 are met. The donor processing time or less, the employee’s Employer agrees to grandfather guaranteed first break shall be given no sooner than the minimum hours existing in current Local completion of drive setup. A second fifteen Agreements. (15) minute rest break shall be given during the second four (4) hours of the employee’s shift. Section 3. Within the first year post ratification, the Employer commits to evaluating hours (1) With the supervisor’s approval, worked and identifying problem areas with Collections Staff may elect to take their systemic issues. The Employer will share the first rest break within one and one half (1 results with the SPC to validate and prioritize ½) hours after the start of their shift; the areas with the most significant concerns. The however, staff will not be required to do Employer will perform in-depth reviews in the so. prioritized regions, including assessments of bookings, staffing, contractual language, (2) Should business needs require an seniority, scheduling, market conditions and any alternate approach, the local union and other factors influencing the shortfall. Based on management may mutually agree to an alternate break policy.
TENTATIVE AGREEMENT 10
B. Rest breaks may not be combined and must be mutually agree to maximize the efficient use of staff taken separately unless mutually agreed to by and to provide adequate staffing levels in order to: the supervisor and employee unless prohibited by law. . Provide quality and safe care to donors;
C. The supervisor shall schedule breaks . Ensure the health and safety of employees; recognizing both the importance of breaks and the necessity to service the needs of the public . Promote the retention and recruitment of in an efficient and timely fashion. qualified employees; and
D. An additional fifteen (15) minute rest break . Ensure the safety of the blood supply and shall be provided for each successive two (2) full compliance with all regulatory hours after eight (8) hours of work. guidelines.
E. Additional rest breaks may be provided to Section 2. No bargaining unit employee shall employees if required by state law. perform any regulated function unless he or she has successfully completed associated training. Additionally, to ensure the safety of staff and Section 2. Meal Periods donors, if collection technicians trained as Charges or Power Red operators, and for MUAs
cross-trained in phlebotomy or health history, A. Each employee who is scheduled to work six (6) have not performed associated tasks (health hours or more inclusive of (compensated) travel history, Whole Blood phlebotomy, Power Red time shall be provided a thirty (30) minute Collections or drive supervisor) within the past unpaid meal period. The thirty (30) minute six (6) months, then the Red Cross will conduct a meal period shall be at or around the midpoint periodic evaluation and shall provide refresher of the employees’ work shift, if practicable. training as required. The Periodic Evaluation
referenced above will be expanded to include all B. The meal period may be combined with one functions above and implemented within six (6) break with supervisor approval unless months of ratification. Red Cross will continue prohibited by law. to perform Annual Competency Assessments
(ACA) on all Collections staff annually. Periodic C. Additional meal time may be provided to Evaluations conducted under this section shall employees if required by state law. only be used to ensure that the employee can
successfully perform the associated task(s). An Section 3. Documentation employee will not be disciplined for an unsuccessful Periodic Evaluation; however, A. For Collections, the Employer shall use and Performance Management processes will be retain Drive Management Records to ensure utilized if an employee cannot successfully that all rest breaks and meal periods are complete retraining. provided in accordance with this Article. Section 3. Bargaining unit work, as defined in ARTICLE 9. Staffing Local Agreements will normally be performed by members of the bargaining unit, except that such Section 1. The Red Cross and the Union Coalition work may be performed by supervisors when:
TENTATIVE AGREEMENT 11
a. Required for the training, retraining or 1. All collection sites/blood drives or other coaching of bargaining unit employees; collections of blood products or delivery of clinical services (therapeutic aphaeresis, b. To provide bargaining unit personnel their Dendreon or similar clinical services) will be breaks and lunches; staffed based on the anticipated presenting donors, including prescheduled donors (online c. As necessary for supervisors to remain or other) and walk-ins, as well as the and current with regulatory requirements; hours of operation for the site/drive/service. If, at any point before or during the drive, d. To ensure proper donor customer service management determines that the drive is and maintain an orderly flow of production; understaffed, then Red Cross will make every or effort to send additional bargaining unit staff to assist with the drive and be paid in e. Due to unforeseen circumstances, donor accordance with the Appendix B premiums. surges, or in cases of emergency. All staff will be scheduled pursuant to local agreements and practices. Section 4. Manufacturing, IRL and Hospital Services 2. The Red Cross and Local Union shall create a JLT subcommittee within sixty (60) A. Manufacturing, IRL and Hospital Services days of implementing this agreement to staffing levels will be determined as follows: jointly assess Production Planning decision- making (e.g., staffing, new hires, etc.). The 1. The Employer shall employ sufficient sub-committee will make recommendations staff to efficiently and safely process, to the JLT and SPC for implementation that prepare and deliver collected blood will provide adequate staffing to efficiently and products in a timely manner. safely collect blood products based on the hours 2. The Employer shall be entitled to cross- of operation and anticipated presenting donors, train and utilize any employee within including prescheduled donors (online or Manufacturing and Hospital Services to other) and walk-ins, and to provide clinical perform blood processing, preparation services. The staffing matrix shall define the and distribution tasks for which they minimum number of staff per job function have successfully completed training. needed at each drive. A copy of the matrix been trained. shall be provided to the Coalition and the Local Union representative. The Red Cross will, on a 3. The Employer and Local Union will semi-annual basis (and more frequently if negotiate any appropriate base wage needed), seek input from the local Coalition increase related to the additional duties Unions through their representatives on the discussed in this Section. Scheduling Advisory Group (SAG) Joint Leadership Team (JLT) as to the content, design Section 5. Collections and Clinical Services and structure of the staffing matrix. A. Collections and Clinical Services staffing levels will be determined as follows: 3. The Red Cross will schedule staff in sufficient numbers to allow staff to take break and lunch period(s) pursuant to Article 8 Rest Breaks and Meal Period. It is understood that
TENTATIVE AGREEMENT 12
the Employer’s schedule cannot take into times, the Employer acknowledges that the account non-scheduled employee absences, unloading, setting up and breaking down of unexpected donor turnout or other unforeseen drives may take more than forty-five (45) circumstances. minutes to safely perform each task. Therefore, while every effort will be made to 4. Registered Nurses or LPNs will be adhere to a 45/45/45 schedule, in scheduled for blood collection operations, circumstances where there are issues, regardless of anticipated collection size, as including, but not limited to site suitability required by federal, state law or regulation, and concerns; an insufficient number of staff to consistent with Sections 5 A2 and A3 above. perform the unloading, setting up and breaking down of equipment; etc., then the 5. Registration, donor qualification (health appropriate amount of time (which may history assessments and vital signs), exceed forty-five (45) minutes) to execute phlebotomies, disengagements and post those tasks shall be scheduled prior to the collection donor care, or post collection blood date of drive using the Role Time Detail processing may be performed by those Exception Process. Bargaining unit employees who have successfully completed employees shall have access and the ability to training to perform any one of these functions or complete this form. If these events occur combination of such functions. during the drive, then ARC will make every effort to send additional staff to assist and be 6. Employees designated to perform the paid in accordance with Appendix B Charge function shall be counted as .5 FTE for premiums. All staff will be scheduled purposes of the staffing matrix. Such employee pursuant to local agreements and practices. is allowed to perform any blood collection tasks Red Cross will ensure appropriate staff are for which they are trained. Supervisors shall not trained on the process to request exceptions be included in the staffing matrix and will not to the standard load/unload, setup and perform bargaining unit work except as noted in breakdown time. Paragraph A5 Section 3 above. a. Collections staff are strongly encouraged 7. Employees with work restrictions may be may be required to assist with set up and assigned, at the Red Cross’ discretion, to a blood tear down of the blood drive. Although drive or other blood collection site. Employees it is the primary duty of the driver to with restrictions shall not be included in the load and unload the vehicle, current staffing matrix if they are unable to perform Collections staff may need to assist in health history, phlebotomy, disengagement, post the loading and unloading of equipment collection donor care, or post collection blood where there is an insufficient number of processing. Should the employee with drivers available and to the extent restrictions be able to perform three or more of necessary. To ensure staff safety, all these functions, they will be considered staff employees, including management, under the staffing matrix. will abide by the proper load and unload protocols established by the 8. Consistent with the timeframes in Section H American Red Cross titled: Safe below, the following terms shall apply to Lifting: The Fundamentals of Collections staff: In an effort to reduce Ergonomics; and 45/45/45 Blood injuries and improve drive start and end Drive Setup Process.
TENTATIVE AGREEMENT 13
CDL. At multi-union locations, this b. Current Collections staff may not be able could result in the bargaining unit to assist in situations where there are employee being reassigned to a physical, worksite, and equipment different exclusive representative limitations. At sites where the pending negotiations as outlined Employer has identified additional above in e. obstacles, the Red Cross may assign additional staff to assist in, or may g. On an experimental basis during the first extend the time for the standard year of this Agreement, Collections staff load/unload, set up and break down may be cross-trained on those tasks and procedures. skills requiring training, first, on a volunteer basis and then on an inverse seniority basis, c. Current Collections staff may be to perform post collection activities and required to drive non-DOT Employer other tasks typically performed by MUAs vehicles. Staff who drive non-DOT (or equivalent job titles). The Red Cross vehicles must successfully complete all and the Local Union will meet, as needed, to associated driver and safety training discuss the specific aspects regarding these programs within six (6) months of pilot programs. At the conclusion of the ratification. first year of this Agreement, the Red Cross and the Union Coalition’s JLT will meet to d. Current Collections staff will be asked to assess the status of the one-year experiment, hired prior to January 1, 2016, may and discuss modifications or expansion volunteer to train for DOT training thereof. licensure and drive DOT Employer vehicles once licensure is received. h. The Employer and Local Union will negotiate any appropriate base wage e. Consistent with the timeframes in increase related to the additional duties Section H below, Red Cross may require discussed in Section 3, A9 above. new Collections hires to be trained on DOT and drive both non-DOT and DOT g. Collections Staff who are designated Red Cross vehicles. The Red Cross as Drivers for the Region shall receive shall have it clearly state such duties a driver premium. A driver premium as a job requirement in the vacancy of $0.75/hr shall be provided to announcement and position Collections Staff who drive to or from description advertised on a blood drive, and the premium shall RedCross.org. apply to all hours an employee works on that day. This premium shall be f. Each location will have a designated paid in addition to any other amount of Collection Tech II CDL differentials and skill based premiums positions. Collections staff who outlined in Art. 14, Appendix B. volunteer to attain a commercial driver’s MUAs or MUAs who have completed license (CDL) at the employee’s cross training into a CTII position are expense, will be placed into one of those not eligible for the driver premium positions if open, and be scheduled to and shall receive the appropriate base drive Employer vehicles that require a wage increase negotiated between the
TENTATIVE AGREEMENT 14
Employer and Local Union. CDL anticipated presenting donors for the blood drivers are not eligible for the driver drive. premium. The premium shall be implemented upon the latter of April 2. MUAs, Collection Material Coordinators, 1, 2019 or six (6) months post Supply Clerks and Packer/Loaders (or their ratification of the National equivalent titles) may be assisted by other Addendum. Collections staff in the staging of equipment, setting up and tearing down of the blood drive h. ARC shall designate the number of and in processing blood units collected. Collections Staff Drivers based on Although it is the primary duty of the driver to need. Once determined, the positions load and unload the vehicle, current Collections shall be filled first by volunteers using staff may need to assist in the loading and seniority order. If, however, there is unloading of equipment where there is an an insufficient number of volunteers insufficient number of drivers available and to to fill the designated slots, ARC shall the extent necessary. Current Collections staff attempt to fill the slots with new hires. may not be able to assist in situations where If there is an insufficient number of there are physical, worksite, and equipment new hires, then bargaining unit limitations. employees shall be selected in reverse order of seniority. As new hires 3. An MUA (or equivalent job titles) may be complete cross-training for driving, cross-trained, to perform blood collection then they will replace current functions such as, but not limited to, health employees with a date of hire prior to history, phlebotomy, disengagement, donor January 1, 2016, who were previously care, blood processing. required to drive. Individuals who volunteered to drive, may continue to 4. Should an MUA, Collection Material drive under this process. Coordinator, Supply Clerk, Loader/Packer have work restrictions that preclude them from being i. In multi-union locations, Collections able to load or unload a truck, such employee Technicians trained to drive will not will not be assigned as part of blood Collections be scheduled as Drivers unless there is staff. a shortage. 5. In cases where sites have additional Section 6. Mobile Unit Assistants (MUA), obstacles, the Red Cross may assign additional Collection Material Coordinator, Supply Clerk and staff to assist in, or may extend the time for, the Loader/Packers (or equivalent job titles) set up and break down. The following are examples of obstacles included, but are not A. Mobile Unit Assistants (MUA), Collection limited to: Material Coordinator, Supply Clerk and Loader/Packers (or equivalent job titles) staffing a. where there are greater than five (5) steps levels will be determined as follows: to entry;
1. MUAs will be scheduled for blood drives b. walking distances of ¼ mile or greater to according to the staffing matrix based on the set up;
TENTATIVE AGREEMENT 15
c. relocation of a site during the drive (this sum bonus of one hundred dollars ($100). The would only extend time and not require Employer and Local Union will negotiate any additional staff). appropriate base wage increase.
6. The Employer and Local Union will (1) Upon completion of the MUA cross- negotiate any appropriate base wage increase training, the MUAs shall receive the related to the additional duties discussed in this greater of the following two alternatives: Section. a) MUAs move to the CTII rate; or, b) MUAs receive a 3% base wage rate Section 7. MUA Cross-training Rollout increase, as calculated in the Red Cross’ initial proposal to the locals for the new A. MUA cross-training shall first be rolled out only wage rate. For option (b), the 3% would in regions where there are no locations be paid as follows: represented by Coalition unions. Option (b) further clarified -- For MUAs B. Upon completion of cross-training in locations without CDLs who successfully cross- not represented by Coalition unions, the train into CT2 roles, the Red Cross would Employer may effectuate this cross-training provide a wage increase which is equal to program at locations where employees are 3% of the average base wage rate for all represented by only one union, no sooner than MUAs under that contract (without January 1, 2016. CDLs); and, for MUAs with CDLs, the Red Cross would provide a wage increase C. No sooner than eighteen (18) months after which is equal to 6% of the average base ratification, the Employer may, by mutual wage rate for all MUAs under that agreement of the parties, effectuate this cross- contract (with CDLs). So for example, if training program at locations where employees the average base wage rate for all MUAs are represented by more than one union. without CDLs in a given contract is Notwithstanding the above, the Employer may $15/hour, the increase for all MUAs work with the unions, upon their request, to without CDLs under that contract -- upon effectuate this cross-training program in order to successfully completing the cross-training avoid a reduction in goal or other business -- would be $0.45/hour. measures that might result in layoffs. E. Should an MUA elect not to participate in cross- D. As MUA cross-training is initiated at each training or should an MUA not be able to location, the training program will be offered successfully complete the cross-training first to those MUAs who volunteer for such program, those individuals will be retained in training with the most senior being trained first the MUA classification until the completion of and proceeding down the volunteer list by the cross-training at their location. During this seniority. Once all MUAs who volunteered for period of time, the MUA will be given priority training have completed training, the next phase consideration for other vacant positions within of cross-training will be mandatory and will be Red Cross (including Humanitarian) that they done in inverse seniority order. Once an MUA may be qualified to perform with appropriate has successfully completed training, the MUA training. MUAs who have not secured another will be converted to the Collection Tech II job position within Red Cross may have their MUA classification and will receive a one-time lump position eliminated. If an MUA has their
TENTATIVE AGREEMENT 16
position eliminated, they shall receive severance pay under terms of the severance policy then in 4. Cross-training of Collections Staff to assist effect. in loading, unloading, etc.: Collections staff will be asked to assist in unloading, setup, tear down F. There shall be no layoffs as a result of MUA and reloading. (Only in locations that have cross-training for a period of 12 months from completed implementation of 45/45/45.) the first commencement date of the cross training program in the location. H. Multi-Union Cross Training
G. Generally, the Red Cross anticipates having (1) Due to the unique circumstances MUA and Collections Staff cross-trained in all presented at multi-union locations, Collections work, and hopes to achieve the current MUAs (Drivers) will cross train majority of this through attrition and new hiring. and will convert to the job title of In the event that cross-training becomes Collection Technician I (CTI) (local mandatory for more than 10% of the existing agreements will be changed to reflect the workforce, the Red Cross will meet and confer change in job title). Collection Technician with the JLT to discuss the program and future I will be required to train in either implementation. Phlebotomy or Health History, but not both. CTI will still be required to train in H. Timelines the other tasks associated with VP training (including, but not limited to 1. MUA cross-training to be launched in disengagement, post-collection donor care nonunion locations: Starting in October 2015, and post-collection blood processing). A MUA cross-training will launch at all 9 current MUA may volunteer to fully cross nonunion locations. train in all tasks if they choose to, but will not be required to do so. If full cross 2. MUA cross-training to be launched in single training is completed, the MUA will move union locations: Starting in January 2016 at the to the Collections Technician job earliest, MUA cross-training will launch at all description. Pursuant to Section 5 above, single union locations and Red Cross will start current collections staff who volunteer to hiring Collection Tech IIs who can drive. The drive will all convert to the job title of goal is 10% of MUAs go into training at the Collection Technician II (CTII) (local same time. agreements will be changed to reflect the change in job title). F. Effective January 2016, MUA cross training launched and the Red Cross began hiring (2) If the number of collections staff in the Collection Tech IIs who can drive. CTII position that are newly hired or have volunteered to drive does not meet G. The Red Cross retains its right to launch the business needs in any particular area, MUA cross-training to be launched in multi- employees will be selected based on union locations. MUA cross-training to be reverse order of seniority. launched in multi-union locations: Starting 18 months after ratification, MUA cross-training in (3) New hires will be solicited and hired multi-union locations will launch unless the based on their primary job function and parties mutually agree to an earlier launch time. placed in the appropriate existing
TENTATIVE AGREEMENT 17
bargaining unit and classification. For volunteer has received all of the necessary and example, if the primary need is for a verifiable training, so as not to negatively Driver, then a CTI will be hired; if the impact the SQuIPP of blood products, which primary need is for collection of blood, shall be identical to the training provided to then a CTII will be hired. There is no bargaining unit employees. intent by ARC to lessen the size of either bargaining unit, and every effort will be 2. Volunteers will not be used to replace laid made to maintain the integrity of each off bargaining unit employees or to displace or affected union’s bargaining unit in reduce employees scheduled to work. There relation to this cross-training agreement. shall be no layoffs of bargaining unit employees Total CTI and CTII staff numbers are or diminution of wages and working conditions based on collection goals for that specific as a result of utilizing volunteers. geography. 3. Volunteers will identify themselves as (4) ARC will provide the Local Unions with volunteers. copies of MUA and Collections Technicians job vacancy announcements 4. In the event the donor qualification process and position descriptions in the region becomes automated and the Red Cross creates a within ninety (90) days from the execution role for volunteers, the Red Cross must provide date of this Agreement. The Local Union sufficient advance notice and on-going briefings will have an opportunity to provide of all aspects of the plan to the Coalition, the comments and/or discuss the descriptions affected bargaining unit(s) and the appropriate to the extent required by law. Joint Labor-Management Committee. Nothing in this Article shall constitute a waiver of the (5) CTI’s, upon the completion of cross union’s right to bargain over the effects of using training, will receive negotiated increases volunteers. consistent with the Global Settlement Agreement. Section 7. The Employer will comply with all applicable local, state, and federal staffing laws and (6) The Parties agree that should significant regulations. problems occur during implementation of this initiative, ARC and the Local Unions ARTICLE 10. Collections Staff Scheduling affected will meet for an immediate resolution. Section 1. As of the time of this National
Addendum, the Red Cross and the Coalition of Section 6. Volunteers Labor Unions established a Scheduling Advisory A. The Red Cross may utilize trained volunteers to Group (SAG) consisting of members from labor and perform non-regulated tasks and the regulated management. The goal of SAG is to collaborate on tasks of donor qualification, once donor the development of a scheduling approach for qualification technology is implemented, as set Collections all bargaining unit staff which forth below: provides a more predictable schedule and reasonable working parameters in order to increase 1. Volunteers will be permitted to perform staff satisfaction and decrease turnover. certain defined responsibilities where the
TENTATIVE AGREEMENT 18
Section 2. SAG will continue to focus has begun extent to which mandatory overtime is used and its by focusing on five key areas that Collections staff overall impact on the work force and operations. reported (through a survey) as being most Section 4. In recognition of this fact, The parties important: agree to continue their collaboration on collections . Getting the time off they requested scheduling, and to negotiate on a national basis the . Number of hours worked per week, above issues needing to be negotiated prior to any including mandatory overtime, and implementation. This negotiation will not constitute Saturday and Sunday assignments a reopener of this National Addendum, but the . Getting off at the scheduled end time of a resulting agreement would be added as a drive supplement to the National Addendum when and if . Travel distance to the blood drive it is completed. Until such time, all current . Schedules that do not change after posting scheduling practices, except for those negotiated in
this Agreement, shall continue as allowed under the SAG will routinely evaluate and prioritize the existing Local Agreements, past practices, etc. key areas of focus. Section 5. Notwithstanding the above, the Red Section 3. The Red Cross Project Team is working Cross agrees to the following: with the Scheduling Advisory Group (“SAG”) to develop these solutions; but, this project is still in A. Provisions for guaranteed hours of work or pay the “design and development” stage, and is not yet per week in Local Agreements shall continue to ready for implementation. be in effect.
Section 3. The Red Cross Project Team and the B. The Red Cross will make its best efforts to Scheduling Advisory Group will regularly publish ensure that a minimum of ten (10) hours has Collections staff schedules for at least three (3) elapsed since the employee’s last compensable future work weeks unless a Local Agreement work for the Red Cross, and the start of the provides for more advance notice. make it a high employee’s next shift. In the event the employee is required to work within this ten priority to post schedules at least four weeks in (10) hour turnaround time, the employee will advance of. Prior to releasing the 3rd week's receive $50 in extra pay. However, in lieu of schedule, Collections management and Union the penalty pay, the employee may request Representative(s) or his/her designee(s) will be to arrive late to their next assignment in provided a one-day review period, offering order to have a full ten hours suggested changes to APS before the final between shifts. This request shall not be schedule is published. unreasonably denied. If the time between shifts is 8 hours or less, the request to arrive with a goal of an implementation date of no later late shall not be denied. The employee shall than January 1, 2017. It is understood that there provide appropriate notification per the may be circumstances that interfere with achieving regional policy no later than the clock out this goal by January 1, 2017. time of the previous shift. Once Red Cross systems are established to track the number Section 5. The Red Cross Project Team and of turnaround time violations, the number of Scheduling Advisory Group will also examine the requests of employees to arrive late to shifts and the number of times the mandatory late
TENTATIVE AGREEMENT 19
arrivals occurred, such information shall be a. Identify the last appointment slot at each reported on a quarterly basis to the Safety drive by procedure type Committee and the Regional JLT and SPC. 1. Apheresis
C. The Employer will make its best effort to avoid 2. Double Red extending both fixed sites and mobile drives 3. Whole Blood beyond the staff’s scheduled end time. 4. AB Plasma (1) For mobiles, if any donors are still in the belt line more than 45 minutes beyond the b. Add the appropriate duration minutes scheduled end time, then the employees on per procedure to arrive at expected Appt that drive shall receive $25 in extra pay. The end time Late End pay is triggered when the 1. Apheresis = 180 Phlebotomy End Time exceeds 45 minutes after the scheduled end time. For mobile 2. Double Red = 75 drives, the "belt line" shall be defined as follows, for the purpose of triggering the 3. Whole Blood = 45 payment of the Late-End Drive penalty. 4. AB Plasma = 80 The end of the belt line shall be the time at which the last donor's Phlebotomy End c. Select the latest end time from step 2 as Time is recorded (as reflected by the Last Appt End Target Time actual timestamp), plus 15 minutes. For d. Identify the last phlebotomy/bag & tube example, if a drive is scheduled for 10:00am to 4:00pm, and the Phlebotomy scan (donor disconnect) at the drive End Time is 4:46pm, then the penalty will e. Compare the time stamps between step 3 be paid to those staff still on the drive and 4 after 5:00pm. If, on the same drive, the last donor's Phlebotomy End Time VPN f. If the phlebotomy end/disconnect time is is 4:40pm, then no penalty will be paid. greater than Last Appt End Target, the Any employee who is required to remain drive ended late on the drive regardless of whether he or she is directly assisting a donor or (3) As it relates to fixed sites, if either party working on another assignment which identifies late end drives as a recurring causes the employee to remain on the issue at a fixed site, the Red Cross agrees drive (include handling a donor reaction) to meet with the local union within ten more than one hour beyond the scheduled (10) business days to discuss the issue and end of the drive, as defined herein, shall potential solutions, including extending receive the late drive penalty pay. the late end drive penalty to fixed site locations in accordance with this Article.
(2) For Fixed Sites, a late end will occur if the
Phlebotomy End Time (as reflected by the D. During normal business operations the actual time stamp) exceeds the Last Appt following procedures shall apply. For mobile End Target. Below is the logic supporting drives, if, within the last fifteen (15) minutes, the late end definition: all appointment slots are filled, no walk-in donors will be accepted. If, within the last
TENTATIVE AGREEMENT 20
fifteen (15) minutes, there are open their control. The Employer commits to appointment slots, walk-in donors will be reviewing such situations and determining accepted. appropriate course of action.
For fixed sites, the same principle would The FY 19 Incentive Plan as revised shall be apply as long as an appointment slot for the implemented no sooner than November 1, 2018 same procedure is available. Only a five (5) for represented DRDs. However, the changes minute grace period shall be provided to associated with the FY19 Incentive Plan donors who arrive late to an appointment regarding exceptions will not be instituted. scheduled within the last fifteen (15) minutes of the drive. Section 3. Bargaining unit work, as defined in Local Agreements, shall be performed by E. The Red Cross shall notify the Coalition and members of the bargaining unit. all Local unions of the start and projected end dates of any "appeal" for blood or any Section 4. Mileage and Expense Reimbursement "urgent need" that it announces to the public. Account Managers will be reimbursed for mileage by one of two methods: ARTICLE 11. Donor Recruitment Account Managers A. Those employees hired after ratification will utilize their personal vehicles for business Section 1. Account Manager Incentive Plan. All related travel and be reimbursed at the IRS rate Donor Recruitment Account Managers (“Account per the Staff Expense Reimbursement Policy Managers”) will participate in the Red Cross and Procedure Manual. At such time they National Donor Recruitment Incentive Plan. This qualify for Fixed and Variable Rate (FAVR) National Donor Recruitment Incentive Plan will be Vehicle Reimbursement Program as noted in D reviewed annually to determine if modifications to below, they will commence participation in that the Plan are warranted for the next fiscal year. program. Prior to modifying the Incentive Plan, Company the Employer shall notify the Coalition and B. Account Managers hired before ratification will provide the Coalition with an opportunity to utilize their personal vehicles for business bargain design changes (i.e. components, related travel and be reimbursed at the IRS rate weights, and incentive target opportunities) prior per the Staff Expense Reimbursement Policy to implementation. will meet with Coalition and Procedure Manual. Effective January 1, representatives of the Local Unions representing 2017, these Account Managers will commence Account Managers and discuss any modifications to participation in the Fixed and Variable Rate the National Donor Recruitment Incentive Plan. In (FAVR) Vehicle Reimbursement Program as addition, the Employer will provide the Coalition outlined in Section 4 below. with the opportunity to meet and confer on any changes to the goal setting process. C. Reimbursement for mileage is expected to reasonably cover all out-of-pocket driving costs Section 2. It is not the intent of the Employer to and, thus, reimbursement for gasoline and other set unattainable goals or to penalize the Account vehicle operation costs in lieu of the IRS Manager for circumstances or events outside of mileage rate is not permitted. Any parking fees or tolls incurred in connection with business
TENTATIVE AGREEMENT 21
travel are reimbursable and should be claimed 20 hours per week will receive $58.00 41.90 per using the Red Cross expense reporting system. year credit (approx. 2 sets of scrubs) annual uniform allowance. Credit amounts can be applied to any Section 5. Each employee is responsible for applicable shipping fees and taxes. documenting and submitting travel expense reimbursement requests using the Concur system Section 3. Collections employees must comply with consistent with Red Cross policy. The Red Cross the previously authorized colors of red (Sangria) will use reasonable efforts to reimburse employees tops and black pants. Uniforms will not be branded as soon as practicable following submission of an and employees are to wear name tags with logos expense reimbursement request through Concur but during work hours. in no event later than thirty (30) days after the expense reimbursement request is submitted. Section 4. Collections employees may purchase additional garments from an ARC designated Section 6. Fixed and Variable Rate (FAVR) Vehicle vendor UniFirst at their own expense. Reimbursement Program. Any Account Manager who drives their personal vehicle in excess of six Section 5. Until this Collections staff scrub uniform thousand (6,000) miles annually will be required to program is implemented, the Employer will provide participate in the Fixed and Variable (FAVR) Collections staff uniforms in compliance with any Vehicle Reimbursement Program (a/k/a the Local Agreement guidelines. Runzheimer program) for automobile usage and mileage reimbursement. Section 5. Collections employees may purchase at their own expense and wear a lab coat from an Section 7. Effective with the first day of the month ARC designated vendor. Lab coats will not be following ratification, Account Managers will no considered personal protective equipment (PPE). longer be provided Red Cross vehicles for use and will return any Red Cross vehicle to a designated Section 6. All other Red Cross bargaining unit Red Cross representative. Upon return of the Red employees will continue to follow the uniform Cross vehicle, the Account Manager will receive a guidelines in their Local Agreements. one-time lump sum payment of four thousand dollars ($4,000) payable with the first full payroll ARTICLE 13. Compensation period following the date of vehicle return. Section 1. Wage Increases. Bargaining unit ARTICLE 12. Uniforms employees covered by this National Addendum shall receive a two and one-quarter percent Section 1. Collections employees will be provided (2.25%) across the board (ATB) structural raise, to scrub uniforms according to the Collections Staff be effective the earlier of the following: the third Scrub program. The program allows employees to full pay period following the ratification of this purchase uniforms through an ARC designated National Addendum, as well as a lump sum vendor, with an annual uniform allowance. payment of $400 for full-time employees and $200 for part-time employees. Probationary Section 2. Full-time staff and part-time Collections period employees and employees in an inactive staff who work more than 20 hours a week will status are ineligible for this lump sum. or the receive $110.00 78.30 per year credit (approx. 4 retroactive pay raise date contained in any Local sets of scrubs) and employees who work less than Union’s executed Exhibit D of the Ground Rules.
TENTATIVE AGREEMENT 22
This across the board raise shall be offset by any two percent (2%) 5% (five percent) 3% (three wage increases provided within the last six (6) percent) will be applied to Local Agreements’ months of ratification; and, will replace any future new hire rates and any tiered wage structures ATB wage increases currently existing in the Local one year subsequent to the receipt of the across Agreements for the duration of the National the board in Section 1 above. The Employer Addendum. To the extent that a Local Agreement agrees that two percent (2%) will be applied to has a tiered wage structure, the 2% will be applied Local Agreements’ new hire rates twenty-four to the rates in the tiered wage structure subject to (24) months subsequent to the receipt of the the same offsets set forth above. The Employer across the board in Section 1 above. subject to the agrees that one percent (1%) will be applied to same offsets set forth above. the Local Agreements’ new hire rates and any tiered wage structures. Section 3. All other base wage rate increases not addressed herein (including but not limited to new Section 2. One-Time Ratification Bonus. classification salary, salary ranges, market driven Bargaining unit employees who ratify this National increases) shall be addressed at the local level by Tentative Agreement (and associated Local and between the respective Local Union and the Tentative Agreement (“LTA”), if applicable) on or Employer. before October 1, 2015, shall receive a one-time ratification bonus of $1,000.00 for full-time Section 4. The Red Cross will conduct a employees (and a prorated amount for part-time compensation study to assess market rates in employees based on an average of hours worked each region for the standard jobs being between January 1, 2015 and June 30, 2015), on the referenced in Article 5, Section 1A. The study condition that such ratification bonus shall only be will follow existing Red Cross practices to paid if this National Tentative Agreement and the market price the jobs leveraging Red Cross associated LTA is ratified by Local Unions existing salary surveys. If it is not already representing a minimum of 2/3 of the bargaining readily available within Red Cross’ current unit employees represented by the Coalition surveys, the Coalition is welcome to provide Unions, and at least one local bargaining unit of salary surveys for consideration. The results of each of five (5) different Coalition member unions the compensation study will be reviewed with the (includes newly-organized bargaining units that do SPC or a task force of representatives identified not yet have a local agreement). Said bonus shall by the SPC. The SPC may make be paid no later than the third full pay period recommendations to the regions. This does not following ratification. waive the Local Union’s right to bargain any recommended changes. Section 2. Bargaining unit employees covered by this National Addendum shall receive a two percent Section 5. Notwithstanding salary caps or (2%) across the board (ATB) structural raise one maximums contained in the Local Agreements, year subsequent to the receipt of the across the each member of the bargaining unit shall receive all board in Section 1 above; and, another two percent raises as described above. (2%) three percent (3.0%) across the board raise twenty four (24) months subsequent to the receipt to ARTICLE 14. Overtime and Premium Pay the across the board in Section 1 above. To the – NO CHANGE extent that a Local Agreement has a tiered wage
structure, the 2% will be applied to the rates in the tiered wage structure. The Employer agrees that
TENTATIVE AGREEMENT 23
Section 1. Overtime at the rate of one and one-half 2. Negotiate a different yet mutually acceptable (1 1/2) times an employee's regular straight time reinvestment proposal with the Coalition. hourly rate of pay shall be paid for all work over forty (40) hours in one (1) week. If the parties cannot reach a different mutually acceptable reinvestment proposal, the premium- Section 2. The Employer shall have the right to related pay provisions in Local Agreements will determine when overtime shall be worked. The be identified in Appendix B and will continue Employer shall also have the right to require the for Employees hired before ratification. performance of such work. In the event overtime is Employees hired after ratification will not be needed, the scheduling of said overtime will be eligible for any Local pay premiums. according to Local Agreements. B. The status quo shall be maintained until one of Section 3. In no event shall overtime or premium the options in Section 6A above has been pay be pyramided or duplicated. selected.
Section 4. Premiums and On-Call pay for term of C. The Employer will also evaluate the cost of the National Addendum are specified in Appendix absorbing into hourly base rates any Saturday and B, Premium Pay Rates. Sunday 1.5x and 2x premiums earned by Employees with a regular schedule that includes Section 5. The above provisions referenced in Saturday and/or Sunday. If the Employer and Appendix B will be implemented on July 1, 2016, Coalition cannot reach a mutually acceptable or at such later time as the new payroll and HRIS reinvestment proposal, the Employer will system goes live. grandfather these current employees with these premiums and the weekend shift differentials in Section 6. Other Pay Premiums Appendix B will not apply.
A. The Employer agrees to calculate the cost of said ARTICLE 15. Holidays premiums over the 6-month period of January 1, 2015 through June 30, 2015, and determine the Section 1. Core Holidays financial impact of absorbing into the A. Eligible employees receive six (6) Core Holidays employees’ hourly base rate the 6-month cost of each year observed on the following dates: the premiums and will choose one of the . New Year’s Day (January 1) following options: . Memorial Day (Last Monday in May) . Independence Day (July 4) 1. All premiums not outlined above that are paid . Labor Day (First Monday in September) to current employees on full-time and . Thanksgiving Day (4th Thursday in occasional basis shall be absorbed into their November) hourly rate based on the previous six (6) month . Christmas Day (December 25) average pay for each hour worked or not worked but paid. This shall be applied to employees B. Holidays falling on a Saturday will be observed including, but not limited to bus drivers, CDLs, on the preceding Friday. Holidays falling on a those receiving a Donor Center differential, Sunday will be observed on Monday. drivers and those who are regularly scheduled to work weekends; or Section 2. Holiday Pay
TENTATIVE AGREEMENT 24
and will receive only the straight time rate of A. Employees who work a regularly scheduled pay for any hours worked on the actual calendar 40-hour standard work week receive eight holiday. (8) hours of holiday pay. Employees whose regularly scheduled standard work week is G. When a holiday falls during an employee’s less than 40 hours receive pro-rated holiday scheduled paid time off (PTO), in order to pay based on their standard work hours. For receive holiday pay, the employee is required to example, an employee, who is regularly work the last scheduled day before and the first scheduled to work a 20-hour workweek, scheduled day after the holiday. receives four (4) hours of holiday pay and an employee, who is regularly scheduled to H. If a core holiday falls during an employee’s work a 30 hour work week, receives six (6) scheduled PTO and the employee receives hours of holiday pay. In consideration of holiday pay, the employee’s PTO balance will Collections’ scheduling practices, full not be charged for the holiday. time Collections employees will receive eight (8) hours of holiday pay regardless Section 3. Floating Holidays of their location’s standard work week. A. Employees will receive four (4) floating B. Temporary employees and employees regularly holidays each year. The proration of hours for scheduled to work less than 20 hours per week holiday pay for Core Holidays will apply to are not eligible for holiday pay. Employees on floating holidays. unpaid leave are not eligible for holiday pay. B. PTO eligible employees will receive two (2) C. Holiday pay is not counted as hours worked for floating holidays on January 1 for use by June purposes of calculating overtime and is not paid 30, and two (2) floating holidays on July 1 for out at termination of employment, unless use by December 31. required by state law. C. Employees, who are on an unpaid leave of D. If an employee is not scheduled to work on a absence on the grant date, will receive a holiday holiday, the employee will receive pay for the grant depending upon when the employee holiday at the regular straight-time rate of pay. returns. If the employee returns during the months of January – March or July – E. If an employee is scheduled to work on a September, he will receive a full bi-annual holiday, the employee will receive holiday pay grant. If an employee returns during the months at the regular straight-time rate of pay plus of April – June or October – December, the additional pay for all hours worked at one and employee will receive half of the bi-annual one-half times (1 ½) the regular rate of pay for grant. hours worked on either the actual calendar holiday or on the observed holiday. D. Floating holidays must be used within the period granted and will expire after June 30 and F. If an employee works both the observed and December 31, respectively; unused days do not actual calendar holiday, the employee receives carry over to the next grant period. one and one-half times (1 ½) the regular rate of pay for hours worked on the observed holiday
TENTATIVE AGREEMENT 25
E. Floating holidays are paid at the employee’s regular rate of pay, may be used in one-hour 2. Floating Holidays: increments must be taken in full day increments and are required to be scheduled and a. If, in addition to fixed holidays, the Local approved in advance. For Collections Agreements also provide for floating Employees, floating holidays may be used to holidays, those holidays will be taken as supplement regularly scheduled weekly follows: hours not to exceed forty-hours in one week. (i) For the year 2015, employees
may use the floating holidays as F. Employees cannot receive both floating holiday provided by the Local Agreement so pay and regular pay for the same day. long as the number of holidays taken
does not exceed the total holidays G. Floating holidays are not paid out at termination allowed by the Local Agreements. of employment, unless required by state law.
(ii) For the year 2016, employees must use half of Section 4. Staffing the floating holidays by June 30th and must use the Staffing for core holidays shall be based on Local remaining half of the floating holidays by Agreements. December 31st. If there is an odd number of floating holidays, then the higher number must be Section 5. Transition used in the first half of the year. A. Commencing January 1, 2017, all employees will transition to the standard holiday schedule ARTICLE 16. Paid Time Off set forth above. Section 1. Purpose B. In the interim, employees will transition to the standard holiday schedule as follows: The Paid Time Off (PTO) benefit program gives 1. Fixed Holidays: eligible employees time off from work for rest, a. Commencing the first of the month recreation, illness, to care for a sick family member following ratification, fixed holidays in or other circumstances based on individual need. Local Agreements will be replaced with the Red Cross six core holidays and any Section 2. Eligibility additional fixed holidays, which occur after ratification, will be converted to floating Employees who are regularly scheduled to work at holidays for use by December 31, 2015. least twenty (20) hours per week are eligible for PTO. Temporary employees and employees who b. In 2016, all additional fixed holidays in work less than twenty (20) hours each week are not Local Agreements, other than the Red Cross eligible. six core holidays, will be converted to floating holidays. Half of the converted Section 3. PTO Accrual Schedule th floating holidays must be used by June 30 and the remaining half must be used by A. Eligible employees accrue PTO in fixed December 31, 2016. If there is an odd amounts on the first day of the pay period number of holidays, then the higher number according to the schedule in the Accrual Table will be used in the first half of the year. below, depending on their length of service.
TENTATIVE AGREEMENT 26
B. Accrual Table 2. In consideration of Collections’ scheduling practices, full-time Collections Length of Annual PTO Accrual Pay Period employees (including mobile and fixed Service Days Limit (hr) Accrual sites) will accrue PTO on a 40-hour basis Less than 0 0 0.00 regardless of their location’s standard 3 months work week. 3 months 12 96 3.70 to 1 year D. The Accrual Limit is the maximum PTO 1 year 15 120 4.62 balance allowed at all times throughout the year. 2 to 5 Once the Accrual Limit is reached, no additional 17 136 5.23 years hours will accrue until after PTO is taken and the PTO balance is less than the Accrual Limit. 6 to 9 The Accrual Limit for part-time employees is 20 160 6.17 years prorated based on their regularly scheduled 10 to 14 weekly standard hours. For California 23 184 7.08 years employees, the Accrual Limit is 1.5 times the 15 to 19 amount shown in the Accrual Table. 25 200 7.70 years 20+ years 30 240 9.23 E. Employees must be in active pay status to receive PTO accrual for the pay period.
Employees in unpaid status cease to accrue C. The amount of PTO earned each pay period is PTO. based on the employee’s weekly standard hours.
Weekly standard hours for full-time staff are Section 4. PTO Usage forty (40) hours based on the standard work
week. Employees who are regularly scheduled A. PTO eligible employees may use a maximum of fewer than forty (40) hours a week earn a forty (40) hours of PTO when taking a full week prorated amount of PTO. of PTO provided they have such PTO available.
1. For example, a full-time employee regularly B. An employee may not take more than twelve scheduled with forty (40) weekly standard (12) hours of PTO per day. hours will accrue the full amount of PTO. A
part-time employee regularly scheduled with C. PTO may be taken as it is earned. twenty (20) weekly standard hours will earn
fifty percent (50%) of the full amount D. PTO is available for use in hourly increments. because their standard hours are fifty percent
(50%) of the full time forty (40) weekly E. Employees may not take more PTO than they standard hours. A full-time employee in a have accrued and will not be allowed to have a location with a standard 37.5 hour work negative PTO Balance. week will earn a pro-rated amount of PTO
days. For example, an employee with eight F. PTO is paid at an employee's regular pay rate (8) years of seniority will accrue PTO at and does not include overtime or special forms 5.77 hours for the pay period (20 days x 7.5 of compensation such as premiums, shift hours/26 pay periods). differentials, weekend differentials, skill based
TENTATIVE AGREEMENT 27
differentials, etc. PTO is not counted as hours 2. Less PTO: This Article is effective January worked for purposes of calculating overtime. 1, 2016 (Effective Date), for current Local Agreements that provide an accrual schedule G. PTO may be used for both planned and that is deemed to be less than the PTO accrual unplanned absences, and will be charged when schedule set forth above. an employee is absent during his or her scheduled hours. 3. More PTO: This PTO Article is effective January 1, 2017 (Effective Date), for current H. For planned absences, employees should request Local Agreements that provide an accrual time off from their supervisors/schedulers as far schedule that is deemed to be more than the in advance as possible. Requests for time off PTO accrual schedule set forth above. and its approval shall be determined by Local Agreements. 4. Accruals for non-PTO leave types end: Accruals for any leave type, other than PTO, I. When an employee uses PTO to cover an will end December 31, 2015, for those Local unplanned absence, the time will be accurately Agreements which provide an accrual schedule recorded by management as it is used. If an that is less; and December 31, 2016, for those employee is on FMLA or extended medical Local Agreements which provide an accrual leave and has exhausted his/her paid leave, the schedule that is more. On the Effective Dates employee will be required to use all PTO with set forth above, employees covered by Local the exception of five (5) days, which shall be Agreements will only accrue PTO according to reserved. this Article.
J. An employee whose last day of work occurs 5. Some Leave Types Roll into a PTO Account prior to the end of the pay period will receive a Balance. The following leave types will prorated amount of PTO. Similarly, an transition to balances in the PTO account on the employee who transfers into an employment Effective Dates: status that is ineligible for PTO will receive a lump-sum payment for accrued but unused . PTO (and PTO Bank) PTO. . Annual Leave . Universal Leave K. Accrued, unused PTO will be paid to employees . Earned Time Off at termination of employment, up to the Accrual . Vacation Limit for full-time employees or up to the . Personal Days prorated Accrual Limit for part time employees. The hours of migrated leave that exceed the new Section 5. Transition to New PTO System PTO account balance limit will be placed in a PTO Bank to be used before the PTO account A. For Local Agreements not already covered by can be used and additional PTO can be accrued. this Article, the transition schedule is outlined below: 6. Some Leave Types Roll into a Sick Bank for Limited Use: On the Effective Dates, the 1. New Hires: Employees hired after following leave balances will transition to a ratification are covered by this Article. Sick Bank for Limited Use:
TENTATIVE AGREEMENT 28
. Sick Leave (and Bank) . Personal Leave Section 3. This Article shall not apply to Local . Extended Leave Bank Agreements that already have a process for . Extended Illness Bank addressing payroll errors.
7. Sick Bank For Limited Use: An employee can Section 4. In the event of any overpayment, the use hours from the sick bank in the event he/she has repayment schedule shall adhere to the terms of a continuous leave of absence due to his/her own the overpayment process as applied by the Third personal serious illness or disability, unless Party Payroll Provider. otherwise required by applicable law. The first five work days of the continuous leave of absence must ARTICLE 18. Safety & Health be covered by PTO or leave without pay. After the five work day waiting period, the sick bank balance The Employer and the Coalition agree that the will be available for use. For those contracts safety of employees and the general public is of transitioning on or before January 1, 2016, the sick utmost importance. Therefore, the Employer bank and its balance will be eliminated on shall provide a safe work environment that is December 31, 2018, unless otherwise required by free of recognized hazards that could cause applicable law. For those contracts transitioning on death, injury or illness. January 1, 2017, the sick bank and its balance will be eliminated on December 31, 2019, unless Section 1. The Employer shall comply with otherwise required by applicable law. applicable federal, state and local safety laws, rules and regulations. Nothing in this Agreement ARTICLE 17. Payroll Errors and Overpayments shall imply that the Coalition has assumed legal responsibility for the health and safety of Section 1. Once validated and submitted to employees. Employer’s Third Party Payroll Provider for payment, Employees whose paychecks are Section 2. The Employer shall not discipline or incorrect by the lesser of 10% of gross wages discriminate against any employee for the earned in the applicable pay period or one reporting of any injury, illness or other incidents hundred thirty-five dollars ($ 135) will have their involving safety or health issues or hazardous payroll processed. Requests received by the conditions. The Employer shall annually train all Third Party Payroll Provider by 1:00pm Eastern employees of the proper procedures for Time will be processed, whereby electronic reporting information, and their right to report transfers will be initiated or a check will be such information free from discipline or mailed the same day. Requests received after discrimination. 1:00pm Eastern Time will be processed the following day. Lesser amounts shall be made on Section 3. An employee acting in good faith has the next paycheck. the right to refuse to work under conditions that the employee reasonably believes present an Section 2. To support accurate payroll imminent danger or serious harm as defined by processing, Human Resources will conduct OSHA. The Employer shall not discipline or monthly reviews with management and local discriminate against an employee for a good union leadership to ensure that payroll errors faith refusal to perform assigned tasks if the are being addressed timely. employee has requested that the Employer correct the hazardous conditions, but the
TENTATIVE AGREEMENT 29
conditions are not corrected, and the danger was operation within the previous year, one that a reasonable person under the whether or not resulting in an injury. circumstances would conclude is an imminent danger or serious harm as defined by OSHA. An (2) measures that will reduce the risks for employee who has refused in good faith to violence, including training for perform assigned tasks shall retain the right to employees; continued employment and receive full compensation for the tasks that would have been (3) procedures for responding to violence performed. if it occurs; including coordination with facilities workplace violence procedures Section 4. The Employer shall provide and information and training to employees on infectious diseases (this includes droplet, (4) the provision of support to staff who airborne, contact and vector spread diseases) to have experienced workplace violence. which he/she may have routine workplace exposure, including but not limited to blood- (5) training in techniques for recognizing borne pathogen transmitted diseases. potentially violent situations/behavior; Information and training shall include the defusing violent situations; and protecting symptoms of diseases, modes of transmission, themselves. methods of self-protection, workplace infection control procedures, special precautions and Section 6. Personal protective clothing and recommendations for immunizations where equipment as defined by OSHA shall be applicable. The Employer shall continue to furnished and maintained by the Employer provide and make the hepatitis B vaccinations without cost to employees whenever such available to employees who are at risk of equipment is required as a condition of occupational exposure. employment or is required by OSHA or other applicable laws and regulations. Personal Section 5. Workplace Safety in Emergency protective clothing and equipment shall be Situations provided in sufficient quantities and in various sizes to fit employees and shall be readily A. The Employer is focused on the well-being accessible. Employees shall be trained as and safety of its employees and volunteers required by OSHA in regard to personal and will continue to work in collaboration protective clothing and equipment. Employees with the Coalition through the National are required to wear personal protective Health and Safety Committee to identify and equipment as designed when required by the implement strategies on maintaining safety in task defined by the Exposure Control Plan. the workplace. A comprehensive workplace violence prevention program shall include, Section 7. Evacuation Plans and Safety Zones. but not be limited to the following topics: All staff will be informed of all of the evacuation plans and designated safe zones will be discussed (1) methods for identifying work practices with the sponsor and staff prior to the start of and environmental factors that may lead the blood drive including, but not limited to an to violence; this shall include a review of active shooter on the premises, tornado and fire all workplace violence incidents that exits, etc. occurred in the facility, service, or
TENTATIVE AGREEMENT 30
Section 8. Training Programs. All employees decisional input from the joint health and safety shall successfully complete all necessary training committee on the proposed changes. Nothing in prior to being assigned work (e.g., all employees this section shall constitute a waiver of the will complete the Driver Training Program prior Employer’s obligation to notify and bargain to being assigned to drive the equipment changes to the extent required by law or the vehicles). Nothing in this Article or provision Union’s right to assert any claims or defenses. shall constitute a waiver of either party’s bargaining obligations or defenses. The ARTICLE 1719. Healthcare Employer still has an obligation to notify and bargain changes in terms and conditions of Section 1. Effective January 1, 20196, the employment with the exclusive representative. Healthcare plan will be modified to increase the individual deductible to $600 per year and the Section 9. Information. The Red Cross shall family deductible to $1,200 per year. Out of pocket provide all health and safety information, at least maximums shall be set at $4,000 and $8,000 quarterly, to the Union members of the joint respectively. Additionally, The Short-Term national and regional health and safety Disability benefit shall be increase by $25 per week. committee. This information shall include but The Joint Committee on Benefits (per Article 19) not be limited to the OSHA 300 injury and shall have the authority to make future Healthcare illness logs, the Sharps Safety log, and other Plan design changes during the term of this health and safety reports generated internally Agreement. The Employer shall have the right to and externally. request bids for alternate coverage in Plan years 2020 or 2021. or as soon thereafter as practicable, Section 10. Within six (6) months of ratification Bargaining unit employees with one (1) year or of this Agreement, the joint national health and more of service will transition to be provided safety committee shall work collaboratively with coverage for the duration of this contract the Problem Management Group to develop a through the “Full Coverage” Team Care M200 Needlestick Prevention Program to investigate Plan (“Team Care”), which includes dental, vision, and monitor needlestick and sharps injuries and life, short term disability, medical and near misses and to investigate and make prescription drug benefits. recommendations for safer equipment and procedures. This program shall, at a minimum, Prior to January 1, 2020, bargaining unit follow the CDC Workbook for Designing, employees with less than one (1) year of service Implementing and Evaluating a Sharps Injury will be provided coverage through the “Medical Prevention Program. Only” plan. On January 1, 2020, all bargaining unit employees enrolled in the Medical Only plan Section 11. The joint national health and safety shall be enrolled in the Full Coverage plan, and committee shall undertake a review of cross- the Medical Only plan will eliminated. The rates training efforts to determine the impact on for 2019 and a further description of the plan and injuries and make recommendations for their rates are referenced in Appendix C to this National prevention or control within ninety (90) days of Addendum. Additionally, the following benefit ratification of this Agreement. adjustments shall be made on January 1, 2019 (unless otherwise noted): Section 12. Prior to proposing or implementing any safety and health initiatives or modifications to existing plans, the Employer shall receive pre-
TENTATIVE AGREEMENT 31
A. The Short Term Disability benefit for full- 73% ARC / 27% Employee for all other tiers of time employees shall be increased to $450 per coverage. 2021 premiums shall be shared 85% ARC week. Part-time employees shall continue to / 15% employee for individual coverage and 72% receive the current benefit: $300 per week for the ARC / 28% Employee for all other tiers of first ten weeks and $350 per week for the coverage. following sixteen weeks. The Employer and Employee premium cost B. The Basic Life Insurance benefit and share shall remain unchanged at the 20189 Accidental Death and Dismemberment benefit percentages for each tier of coverage for the for bargaining unit employees shall be increased duration of this contract. Any subsequent annual to $40,000. premium increases will be assigned per the 20189 percentages. C. Red Cross shall provide bargaining unit employees with the option to supplement their The Parties agree that the annual premium life insurance by electing up to five (5) times increases shall not exceed 3% in 2019 (plus the their annual base pay, subject to carrier additional costs associated with the new life and underwriting rules. short term disability benefits); 4% in 2020; and 6% in 2021. D. Red Cross shall provide bargaining unit employees with the option to purchase a Long Section 3. To the extent that Team Care agrees as Term Disability benefit. part of its Participation Agreement with the Red Cross to permit bargaining unit employees to the Section 2. For the January 2019 calendar year Parties can negotiate such terms with the Healthcare rates for Team Care, the Red Cross will pay provider, Both full-time and part-time employees 100% of any annual premium increase from the may opt out of health care coverage (at time of 2018 rates. This shall not exceed three percent hire, annual enrollment or due to a qualifying (3%), plus the additional costs associated with event), providing they show proof of alternate the new life and short term disability benefits. coverage and are in compliance with current or The cost of premiums for Full Time Employees (in future requirements under the ACA or accordance with the ACA or applicable law) for comparable laws. Additionally, the following tiers of coverage shall be shared 80% ARC / 20% provisions will apply: Employee, for individual coverage; and 70% ARC / 30% Employee for all other tiers of coverage. All A. Red Cross shall not be required to make a future premium increases shall flow through in contribution on behalf of any current accordance with the above cost sharing model. employees, who do not enroll in coverage. have not enrolled in Team Care coverage by Increases in the cost of premiums for Full Time December 31, 2015, or who have elected to Employees (in accordance with the ACA or waive coverage by that date. applicable law) for tiers of 2019 coverage shall be shared at the current 87.6% ARC / 12.4% B. For newly-organized bargaining units Employee, for individual coverage; and 73.9% ARC covered by this National Addendum, the / 26.1% Employee for all other tiers of coverage. Red Cross shall not be required to make a 2020 premiums shall flow through in accordance contribution on behalf of those employees, with the above cost sharing model. be shared 86% who have not enrolled in coverage under ARC / 14% employee for individual coverage and
TENTATIVE AGREEMENT 32
Team Care by the date specified in the Local Section 1. Employees with may enroll in Flexible Agreement or Memorandum of Spending Accounts (FSA) for qualified medical Understanding between the parties, or who expenses for the duration of this National have elected to waive coverage by that date. Addendum. This shall include the use of a debit card for expenses. will maintain their current FSA Section 4. Employees currently with a Healthcare balances and contributions (unless they are eligible Spending Account (HSA) may maintain their to change based on a Qualified Life Event) and their current funds and such funds will remain accounts will be available for qualified expenses available for their use until they are exhausted. incurred until December 31, 2015. Those funds will The Red Cross does not administer or have any be available for permissible reimbursements responsibility for these accounts. Employees who through April 30, 2016. are enrolled in a qualified high deductible health plan can continue to make additional contributions Section 2. For the duration of this National to their HSA up to their 2015 calendar year Addendum, employees may continue to enroll in contribution limit including an allocation of some or Dependent Care FSA for reimbursement of all of the ratification bonus referenced in Article 13 qualified Dependent Care expenses, and in the Compensation for their use under their existing standard Personal Plans and Discounts voluntary health care plan or under any future health care plan benefit programs (including critical illness, including Team Care M200. accident, homeowners insurance, etc.) under the current terms and provisions in effect. At its Section 5. New hires are eligible to enroll in the discretion, the Red Cross may change these program eight (8) weeks after their date of hire. No programs, vendors, and rates at any time. Employer or Employee premium payments shall be required during the eight (8) week eligibility ARTICLE 1921. Retirement Plan period. For employees who enroll in coverage, the Employee shall make premium contributions during Section 1. Effective January 1, 2016, all employees this eight-week eligibility period per Section 2 who are not currently on the standard American Red above. ARC shall not be responsible for premium Cross Savings Plan 401(k) shall move to the contributions if the employee quits or is terminated standard plan. All employees still accruing benefits in the first eight weeks of employment. ARC will in the Red Cross defined benefit plan shall no provide the full eight weeks of employer and longer accrue such benefits, and shall only be employee premiums upon the employee’s completion of the 8th week of employment. eligible for participation in the American Red Cross Savings Plan 401(k). Section 6. Consistent with Article 5, Section 3, all current and new regular part-time employees Section 2. will have the option of enrolling in health coverage with Team Care for the life of this A. The Red Cross has determined that the Annual Agreement. The Red Cross will only be required Red Cross Contribution ("ARCC") and the Points- to make its contributions for those employees Based Employee Contribution (“PBEC”) shall be who actually enroll. eliminated effective July 1, 2015. Eligible employees who retire or whose employment ARTICLE 1820. Flexible Spending Accounts terminates on or after July 1, 2015 shall have only those benefits derived from the ARCC and the
TENTATIVE AGREEMENT 33
PBEC that have accrued as of June 30, 2015 based simultaneously provide an electronic courtesy copy on the terms of the American Red Cross Savings of the notice and its attachments to the Coalition of Plan. Those amounts that are earned prior to July 1, Unions’ Chairperson or his/her designee. 2015, will be maintained. Within thirty (30) calendar days of receipt of the B. This proposal does not affect the terms of the notice, the Union Coalition may request a briefing on behalf of all of the affected Local Unions on the Savings Plan concerning the Red Cross' proposed change(s) from the Employer. During the discretionary matching contribution. briefing, the Employer shall provide additional information regarding the proposed change(s) and B. The Red Cross will continue to administer the the Unions will be permitted to ask questions and other terms of the Savings Plan in accordance with comment regarding the same. If a briefing occurs, the terms of that Plan for eligible employees, then a Union may invoke its right to negotiate the including a matching contribution up to 4% of the effects of the proposed change within seven (7) employee’s salary. calendar days after the briefing. The Union may also take legal or other action challenging the legal D. Section 3. validity of such changes.
The Union Coalition and the Red Cross has Section 3. Nothing herein is intended to act as a established a joint to identify and discuss future waiver on behalf of the Union of its rights or retirement plan options, including but not limited to defenses to legally challenge any such employer a defined benefit plan and other 401(k) auto enroll proposed and/or implemented changes. Further, options plans, that the parties may consider in the this is not a waiver, of any kind, of the Unions’ future negotiations. The joint committee shall also right and the employer’s obligation to bargain consider healthcare and other related benefits. mandatory subjects.
ARTICLE 20 22. Advance Notice – NO ARTICLE 21 23. National Grievance and CHANGE Arbitration Procedure – NO CHANGE
Section 1. The Employer shall provide the Union Section 1. Definition and the Coalition of Unions’ Chairperson with reasonable advance notice of not less than thirty A “national grievance” is defined as any complaint (30) calendar days prior to effecting changes in or dispute arising under and during the term of this personnel policies, practices or conditions of National Addendum raised by the employee or employment which impact more than one Local Union against the Employer, or by the Employer within the Union Coalition. The Employer’s notice against the Union, involving an alleged violation, shall be in writing and identify the following: misinterpretation or misapplication of a provision of specific changes in policies, directives, procedures, this National Addendum. All such disputes shall be or practices and proposed effective date of the adjusted and settled solely and exclusively in change. accordance with the procedures set forth in this Article (unless a specific Article in the National Section 2. For changes that are national in scope, Addendum contains its own dispute resolution the Employer will notify each affected Local mechanism). Union’s designated representative(s) and
TENTATIVE AGREEMENT 34
Section 2. Procedure decision. The arbitrator shall issue a concise decision on the underlying grievance by bench Step 1 - A national grievance must be filed within decision unless otherwise agreed to by the thirty (30) calendar days of when the Union or parties. affected employee(s) should have become aware of the events giving rise to the dispute. The national B. The fees and expenses of the arbitrator, as well grievance shall be reduced to writing and presented as hearing room and transcript costs, shall be to the appropriate Director of Labor Relations, or borne equally by the parties. Each party shall be his/her designee with a copy submitted to the responsible for any costs associated with their Coalition. The Union Representative, employee(s) representatives. involved and the appropriate Director of Labor Relations or his/her designee(s) shall meet within C. The parties shall agree to a panel of five (5) ten (10) calendar days after the national grievance is National Academy of Arbitrators (NAA) presented to attempt to resolve the grievance. The certified permanent arbitrators, among whom appropriate Director of Labor Relations or his/her cases will rotate, subject to each arbitrator’s designee shall provide a written answer to the availability, in the hearing of cases arising under Union Representative and a copy to the Coalition this National Addendum. Prior to the first within ten (10) calendar days of such meeting. meeting, the National Grievance Committee shall agree upon the list of standing arbitrators, Step 2 – Any national grievance unresolved at Step as well as the procedure for replacing an 1 may be advanced by the Local Union to the arbitrator who is no longer available during the National Grievance Committee. The National term of this Agreement. Grievance Committee shall consist of an equal number, but no more than four (4) representatives Section 4. Time Limit for Filing from each party (Coalition, Red Cross) and shall meet quarterly. Any national grievance referred to The parties may mutually agree in writing to extend the National Grievance Committee at least twenty- any of the time limits set forth in this Agreement. one (21) calendar days before the next quarterly meeting will be considered at such meeting. The Section 5. Authority of the Arbitrator deadline for the National Grievance Committee to issue a written decision shall be ten (10) calendar The decision of the arbitrator on any matter which days after it meets on a case. National grievances shall have been submitted in accordance with the can be resolved at Step 2 only by majority decision provisions of this National Addendum shall be final of the National Grievance Committee in a written and binding on the Employer, Union and the decision signed by members of the National employees. The arbitrator shall have no authority to Grievance Committee. A decision of the National add to, subtract from or otherwise alter the Grievance Committee shall be final and binding on provisions of this Agreement, or impose on either the Company and the Union. the Employer or the Union any limitation or obligation not specifically provided for under the Section 3. Arbitration terms of this Agreement.
A. If the National Grievance Committee cannot ARTICLE 22. Conflicts Between the National reach a majority decision and is deadlocked, the Addendum and Local Agreements Local Union or Employer may refer the matter to the neutral arbitrator who shall make the
TENTATIVE AGREEMENT 35
Section 1. Purpose and one (1) representative from the Union Coalition. A. The purpose of this Article is to provide a mechanism for a Local Union, National Union, 1. If the parties reach a resolution, it shall be Red Cross, and the Coalition, as appropriate, to memorialized in a Memorandum of use when at least one party identifies a conflict Understanding between Red Cross and the or inconsistency between a specific provision of Local Union, which shall serve as an the National Addendum and a Local Agreement. amendment to the Local Agreement.
B. All terms and conditions of employment 2. If the National Parties are unable to reach an contained in Local Agreements shall continue in agreement, the remaining issues will be effect unless the Local Agreement conflicts with submitted to a neutral arbitrator for a final and or is inconsistent with specific provisions of the binding resolution. National Addendum as identified by Article 22. In such cases, the specific provisions of the Section 3. Arbitration National Addendum shall supersede the provisions of the Local Agreement identified. A. Selecting an Arbitrator
Section 2. Within two (2) calendar days of the AH-CRC’s failure to resolve the dispute, the parties shall If there is a dispute between the Local Union and mutually agree on an arbitrator. In the event the Red Cross on where a Local Agreement that the parties cannot mutually agree on an conflicts with or is inconsistent with specific arbitrator, the moving party will request a list of provisions of the National Addendum, the parties seven (7) NAA-certified arbitrators from the have agreed to use the following process: Federal Mediation and Conciliation Service (FMCS), and immediately forward a copy of the A. Within forty-five (45) calendar days of the request and the FMCS list of arbitrators to the ratification date of the National Addendum, the responding party. Within five (5) calendar days National Parties (i.e., Red Cross and the Union after the responding party’s receipt of the FMCS Coalition) shall provide written notification to list, the parties shall have a conference call to each other identifying the specific provisions in strike arbitrators from the list until one remains. conflict with or inconsistent with the National The remaining person shall be the duly selected Addendum and a brief explanation of the party’s arbitrator. position on each alleged conflict or inconsistency. B. Arbitration Hearing
B. The National Parties shall create an Ad Hoc 1. The arbitrator’s fees and expenses of the Conflict Resolution Committee (AH-CRC) arbitration will be paid equally by Red Cross which will meet to discuss and resolve any and the affected Local Union. Each party will conflicts identified in the notice. The AH-CRC be responsible for the cost of its witnesses. will consist of three (3) representatives from the Red Cross; one (1) representative from the 2. Generally, arbitration hearings shall be affected Local Union, one (1) representative conducted telephonically unless one party from the affected International/National Union, objects then, an in-person hearing shall occur.
TENTATIVE AGREEMENT 36
The arbitration hearing will be held at the Red Cross, or at any other mutually agreed site. D. Arbitration Decision
3. The arbitrator shall issue a bench ruling at the If a matter is forwarded to arbitration for conclusion of the hearing. The bench decision resolution, then the parties shall adopt the shall be reduced to writing within five (5) days arbitrator’s final and binding decision and of the conclusion of the hearing. However, the amend and enforce the Local Agreement parties may mutually agree to submit post- accordingly. As such, the arbitrator’s final hearing briefs, or depending upon the decision will not require a ratification vote, and complexity of the issues, the arbitrator may Local Unions party to this agreement must request that the parties submit post-hearing determine whether they are permitted to use briefs before issuing a decision. binding arbitration in lieu of ratification prior to seeking arbitration. C. Authority of the Arbitrator E. Updated Local Agreements 1. The National Parties agree that the jurisdiction and authority of the chosen Red Cross shall provide all bargaining unit arbitrator and the opinion expressed by the employees with updated copies of the amended arbitrator shall be to the issues resolvable Local Agreement by delivering said copies to through the scope of the process outlined in this the bargaining agent. Article. Section 4. Waiver 2. The Arbitrator shall determine that either the National Addendum supersedes the Local A party’s failure to notify the other party of possible Agreement on the matter at issue, or it does not. conflicts in the parties’ Local Agreement in The Arbitrator also has the authority to choose accordance with this Article, or failure to comply either management’s or the union’s last with the deadlines contained within this Article, proposal, if applicable. The Arbitrator shall not shall constitute a waiver to use the resolution have the authority to fashion his or her own process contained within this Article. Disputes that language for adoption by the parties. The arise after the forty-five (45) day period outlined in arbitrator will have no authority to add to, Section 2A above shall be subject to the relevant subtract from, alter, amend, or modify any grievance/arbitration procedure in the Local provision of this National Addendum. Agreement or National Addendum.
3. In cases where the Red Cross has Section 5. Timeliness implemented a provision(s) that is a pending conflict and the union prevails at hearing, the The parties may mutually agree in writing to extend arbitrator shall have the authority to grant the any timelines outlined in this Article. appropriate remedies including status quo ante relief.
4. The arbitrator’s decision shall be confined to the matter presented and only apply to the involved parties and the singular Local Agreement at issue.
TENTATIVE AGREEMENT 37
ARTICLE 23 24. Separability and Savings Agreement of a desire to change, amend, or Clause – NO CHANGE terminate these Agreements.
Section 1. Separability: The Employer and Section 2. Practices Coalition agree that if a court of competent jurisdiction or applicable Local, State, or Federal All past practices not superseded by the National laws compel the invalidation or modification of any Addendum or in conflict with the National provision of this National Addendum, such Addendum or law, shall continue during the provision shall be deemed inoperative, if found duration of this National Addendum. invalid, or modified to the extent required by law or a court of competent jurisdiction. With respect to a Section 3. Ratification part of this National Addendum being declared invalid, it is the express intent of the parties that all A. During the ratification of this National of the provisions of the Agreement that are not Addendum, Local Unions shall open all Local declared invalid shall remain in full force and Agreements for the limited purposes only of effect. changing the expiration date of a Local Agreement to the same expiration date of the Section 2. In the event that any Article or Section is National Addendum, and appending the held invalid or enforcement or compliance with National Addendum to the Local Agreement. which has been restrained as above set forth, the However, upon mutual agreement of the local parties affected thereby shall meet and confer parties, the Local Agreements that have expired regarding the affected provisions. If the parties are may be reopened to negotiate items not covered unable to arrive at mutually agreeable substitute by the National Addendum or to negotiate language, then the matter shall be referred to a conflicts as provided by Article 22. neutral arbitrator pursuant to Article 21 who shall resolve the dispute via interest arbitration. The National Tentative Agreement (“NTA”) and Local Tentative Agreement (“LTA”) shall not be binding on a Local Union or the ARTICLE 24 25. Duration, Termination and American Red Cross until ratified (where Ratification applicable) by the Local (or all affiliated Locals of an International as provided for in Section 1. Duration and Termination their constitution and/or bylaws). Both the NTA and LTA must be ratified together, and This Addendum and Local Agreements shall take there will be no further negotiations of or effect upon ratification of the National Tentative modifications to the NTA or an LTA after Agreement/Addendum (NTA) and Local Tentative ratification unless mutually agreed to by the Agreement (LTA). The National Addendum and parties in writing. Local Agreements shall remain in full force and effect until September 30, 2021September 30, B. One-Time Ratification Bonus. Bargaining unit 2018, which shall be the contracts’ expiration date. employees who ratify this National Tentative These agreements shall then renew themselves from Agreement (and associated Local Tentative year to year unless either party to the Agreement Agreement (“LTA”), if applicable) on or before provides written notice to the other party at least October 2, 2015, shall receive a one-time sixty (60) days prior to the expiration of this ratification bonus of $1,000.00 for full-time employees (and a prorated amount for part-time
TENTATIVE AGREEMENT 38
employees based on an average of hours worked between January 1, 2015 and June 30, 2015), on the condition that such ratification bonus shall only be paid if this National Tentative Agreement and the associated LTA is ratified by Local Unions representing a minimum of 2/3 of the bargaining unit employees represented by the Coalition Unions, and at least one Local bargaining unit of each of five (5) different Coalition member Unions (includes newly- organized bargaining units that do not yet have a local agreement). Said bonus shall be paid no later than the third full pay period following ratification.
B. First Contracts. (1) Local Unions that have yet to negotiate first contracts will vote to ratify the National Addendum. If ratified, the National Addendum shall apply to those bargaining unit employees immediately. Thereafter, the Local Parties will meet to negotiate their First Local Collective Bargaining Agreements by October 1, 2018 January 1, 2016. The local parties shall negotiate terms and conditions of employment consistent with the National Addendum, and ratify their Local Agreements in accordance with their bylaws and constitution.
(2) For those Coalition Unions whose Constitution allows newly-organized bargaining units to become covered by the National Addendum without an individual ratification vote by the bargaining unit, the Employer agrees that it will use its best efforts to implement the National Addendum as soon as practicable after the date the election results are certified, but in no event shall that be later than the first of the month following sixty (60) days after election results are certified. These new bargaining unit employees still will be eligible to receive TeamCare on the first of the month after eight (8) weeks from the date of certification.
TENTATIVE AGREEMENT 39
MEMORANDUM OF UNDERSTANDING NO. and is based upon financial reasons not directly 1 – Registered Nurses related to the implementation of this provision. Such reasons may include a closure or reduction of This Memorandum of Agreement is by and a location, district, region or subset thereof; or a between the American Red Cross (the substantial documented loss of revenue or loss of a “Employer”) and the following International and hospital contract. Local Unions (collectively the “Unions”):
Service Employees International Union (SEIU) MEMORANDUM OF UNDERSTANDING NO. 2 – Turnaround Time – NO CHANGE American Federation of Teachers (AFT)/Health Professionals & Allied Employees (HPAE)
American Federation of State, County and 1. The Red Cross (the “Employer”) and the Municipal Employees (AFSCME) following listed Local Unions (the Oregon Nurses Association “Unions”) agree to a transition of existing bargaining units who currently have an Local 3145, American Federation of State, County eleven (11) hour turnaround time provision and Municipal Employees under the below alternatives. This SEIU Healthcare Michigan Memorandum of Understanding is limited to the following bargaining units: CWA 1122, 1. For licensed staff employed as of October UAW 2322, AFSCME Council 31, 1, 2018 The Employer and the Unions agree AFSCME Local 3145 and ONA Local that in connection with Article 9 Staffing, 5905/AFT. Section 3 2 A4, the Employer will not layoff any member of the ‘Licensed Staff’ (defined 2. Each individual named Local Union may, as a Registered Nurse or Licensed Practical upon ratification of the National Addendum, Nurse or job titles requiring equivalent choose to alter the terms of their Local licenses) for the purposes of implementing collective bargaining agreement and accept its right to utilize non-licensed staff (or the terms of the National Addendum relative lower level licensed staff). This prohibition to turn-around time. Specifically, the against layoffs of licensed staff in National Addendum provides that there will connection with the utilization of non- be ten (10) hours turn-around time between licensed staff (or lower level licensed staff) the last compensable hour of one shift and will extend for the duration of the National the commencement of the next shift and, if Addendum. less than ten (10) hours rest is provided between the end of one shift and the 2. The Employer is under no obligation to commencement of the next, the employee replace licensed staff who leave the would be paid a lump sum amount of fifty employment of the Red Cross with similarly dollars ($50.00). This would take effect upon ratification of the National Addendum. licensed staff.
3. As an alternative to Paragraph 2 above each 3. This prohibition against layoffs is limited strictly individual named local union may, upon to the implementation of Article 9 Staffing. Layoffs ratification of the National Addendum, of licensed staff may occur as part of a reduction of retain the current provisions of their Local force that is targeted at multiple job classifications collective bargaining agreements relating to
TENTATIVE AGREEMENT 40
turn-around time at the time the National employees. As referenced in Article 10, Section Addendum is ratified. 2, the priorities are:
4. Should a named Local Union elect to retain . Getting the time off requested (PTO) the current turn-around time provided in . Number of hours worked per week, their respective local collective bargaining including mandatory overtime, and agreements, such shall remain in effect Saturday and Sunday assignments through December 31, 2016. As of January . 1, 2017, the provisions regarding turn- Getting off at the scheduled end time of a around time set forth in the National drive Addendum will become effective and . Travel distance to the blood drive supersede the provisions of the Local Union . Schedules that do not change after collective bargaining agreement as to that posting limited topic. Section 2. Schedule generation and distribution MEMORANDUM OF UNDERSTANDING NO. beyond the current 3-week Collections schedule 3 – Severance will be prioritized accordingly by the SAG, identifying additional opportunities (beyond This MOU is entered into between the Employer Article 10, Section 4) to improve lead time while (American Red Cross) and the Coalition (any also reducing changes. It is understood that “Local Union” which may become a party to the different functions may have different National Addendum), as part of the National scheduling requirements and processes based on Addendum. This letter is intended to the nature of the work being performed. memorialize the intent of the parties. In reference to Article 10 Section 4, through There is no national severance benefit agreement efforts of the SAG, we shall endeavor to between the Coalition and ARC. Severance implement a two (2) day Collections schedule benefits shall be negotiated on a local basis. review period on or before December 31, 2019. Where coalition employees who are involuntarily terminated due to a reduction in force and the Section 3. In effort to approve more time off for local contract does not have a severance bargaining unit employees and ensure that provision, the parties shall meet and negotiate in operations are properly staffed, the Scheduling good faith regarding severance eligibility and Advisory Group will help refine the PTO request benefits. process outlined below with the intent to initiate rollout of a model program recommendation to MEMORANDUM OF UNDERSTANDING NO. all bargaining unit employees on or before July 4 – Scheduling Advisory Group 1, 2019. The Employer and Local Union shall meet to negotiate a program, which includes, but Section 1. The purpose of the SAG MOU is to is not limited to the topics below. Local unions document the intentions of the union coalition who already have effective PTO approval members and Red Cross management, programs may opt out of the process. The recognizing that both parties desire an outcome Scheduling Advisory Group will continue to demonstrating improved processes and resulting provide regular updates on progress and results in an improved work/life balance for the to the Senior Partnership Committee (SPC).
TENTATIVE AGREEMENT 41
Collections staff through the work of the a. 3 solicitation periods open (180-day, 90- Scheduling Advisory Group (SAG). Within six day and 30-day) at defined intervals (6) months of implementing this Agreement, the throughout the year will be offered. SAG will work to collaboratively to assess and develop a plan for a pilot related to two (2) consecutive days off for other bargaining unit b. Employees will be permitted to request employees, including but not limited to leave on anticipated leave accrual employees in Fixed Sites, Hospital Services, etc. through the solicitation period(s) open. The approach to the scheduling solution related c. Acquisition Planning and Scheduling to two (2) consecutive days off will adhere to (APS) will first process multi-day provisions in the Local Agreements, including requests in seniority order, followed by whether the Local Union would like to opt out of single day requests in seniority order. this initiative.
d. Months, weeks and days outside of the Section 5. The Employer will make its best effort defined solicitation periods will be closed to avoid fixed sites late ends. The Red Cross and PTO requests submitted for these commits to establishing a Fixed Site Taskforce timeframes will not be considered except including fixed site bargaining unit employees, for leave requests made within the 30-day union representation and ARC Management, including Fixed Site CCE and APS Executive. period. The Taskforce will hold its first meeting within three (3) months post ratification with the intent e. Other items that should be incorporated to address late ends in the fixed site operations. into the recommended PTO request The Taskforce will compare fixed site late end process include, but are not limited to a definitions against staff schedules and identify deadline to respond to PTO requests, the solutions to be implemented within ninety (90) percentage of leave available during each days of solution development, sooner if solicitation period, etc. operationally feasible. If there are still problems after the 90 days, they will be escalated to the Section 4. The Red Cross commits to continuing SPC. the two (2) consecutive days off initiative for
TENTATIVE AGREEMENT 42
APPENDIX A – List of Coalition Unions
AFSCME Council 31, Local 2691 AFSCME Local 1199DC NUHHCE AFSCME Local 3145 AFSCME Local 3652 NUHHCE AFSCME Local 3931 AFT - Local 5103 HPAE AFT - Oregon Nurses Association Local 5905 CWA Local 1118 CWA Local 1122 CWA Local 1123 CWA Local 13000 CWA Local 13500 CWA Local 2100 CWA Local 2201 IUOE Local 542 SEIU Healthcare Michigan SEIU Local 1199 UHE-Mass. SEIU District 1199 WKO SEIU Local 1989 SEIU Local 521 SEIU Local 721 SEIU Local 221 Steelworkers Local 254 Steelworkers Local 9287 Teamsters Local 170 Teamsters Local 223 Teamsters Local 243 Teamsters Local 25 Teamsters Local 337 Teamsters Local 340 Teamsters District Council 2, Local 388M Teamsters Local 391 Teamsters Local 414 Teamsters Local 507 Teamsters Local 523 Teamsters Local 542 Teamsters Local 554 Teamsters Local 570 Teamsters Local 63 Teamsters Local 682 Teamsters Local 71 Teamsters Local 728
TENTATIVE AGREEMENT 43
Teamsters Local 760 Teamsters Local 795 Teamsters Local 839 Teamsters Local 929 UAW Local 2322 UAW Local 771 UFCW Local 1059 UFCW Local 75
TENTATIVE AGREEMENT 44
APPENDIX B – Premium Pay Rates - NO CHANGE
Premiums associated with how an employee is scheduled
1. Standard Shift Differentials
a. Employees whose work hours (some or all) occur during hours that fall outside of what is considered to be 1st shift, will be compensated with a shift differential for the hours worked that fall into a 2nd or 3rd shift category. Any hours worked during 1st shift will be compensated at their normal rate of pay.
b. Unpaid time (such as PTO) does not receive shift differential.
c. Part-time and full-time staff are eligible for shift differentials. No variation in premiums due to geographic location.
d. Employees require supervisor approval to work beyond their scheduled shift.
e. To the extent that an employee does not fall under one of the functions in Section 2 below, his/her shift differential will be as follows:
Table 14.1 Standard Shift Differential
Shift Monday-Friday
1st Shift: 6a-6p Base pay
2nd Shift: 6p–midnight $1.75/hour
3rd Shift: midnight-6a $2.25/hour
2. Shift Differential & Weekend Premiums by Function
a. Employees will be compensated with the below premiums for hours worked on the weekend, based on their function, as follows:
(i) Manufacturing and Testing – Weekend premiums begin Friday at 11pm
Table 14.2
TENTATIVE AGREEMENT 45
Manufacturing Testing
Shift M-F Weekend M-F Weekend
Base pay $1.25 Base pay $1.50 7a-3p 3p-11p $1.75 $2.75 $2.00 $2.25
11p-7a $2.25 $3.25 $2.50 $2.75
(ii) IRL, Therapeutic Apheresis, Telerecruitment, Collections - Weekend premiums begin Friday at 6pm
Table 14.3
IRL Therapeutic Apheresis Telerecruitment Collections
Shift M-F Wknd M-F Wknd M-F Wknd Shift M-F Wknd
6a-6p Base pay $2.00 Base pay $1.50 Base pay $2.00 6a-6p Base pay $1.25
6p-12a $2.00 $3.00 $2.00 $2.50 $2.00 $2.00 6p-6a $1.75 $2.50
12a-6a $3.00 $4.00 $3.00 $3.50 None* None*
*Currently, Tele-recruitment does not have a third shift, however they may choose to hire for third shift in the future and would like the option to offer differentials at that time.
b. To the extent an employee does not fall under one of the above functions, his/her weekend premium will be as follows:
(i) Weekend premiums begin Friday at 6pm
Table 14.4 Standard Weekend Premiums
Shift Weekend
1st Shift: 6a-6p $1.25/hour
2nd Shift: 6p–midnight $2.00/hour
3rd Shift: midnight-6a $2.50/hour
TENTATIVE AGREEMENT 46
c. Baylor Plan
Anyone hired for or working three 12 hour shifts over the weekend (Saturday, Sunday and any other day during the week) gets paid for 40 hours at the weekend premium rate.
3. On-call pay (stand-by to be called in to work)
a. On-call is the time in which an employee is expressly assigned to be available to take a call from work which could include notice to come into work. It does not mean an employee will be called.
b. Employees who are required to perform on-call duties will be compensated at the following rates:
Table 14.5 Monday- Friday, Saturday, Sunday and Thursday Holiday
Standard $10/day $15/day
IRL $2.25/hour $2.75/hour
IRL Reviewers $1.50/hour $2.00/hour
Therapeutic Apheresis $15/day $25/day * When the daily rate applies, on-call days are defined as a 24-hour period from 7am-7am.
4. Call-in pay (a minimum # of hours to be compensated if you are called in to work)
a. Employees who are called in to work, outside of their normal work schedule for that day/week, will be compensated with a minimum of 3 hours of regular time or their actual hours worked, whichever is greater. Any hours that are paid, that are not the result of actually working, will not count towards an employee’s 40 hours for that week for overtime purposes.
Table 14.6 Minimum Parameters
Standard 3 hours • The 3 hour guarantee only applies when the
TENTATIVE AGREEMENT 47
employee must come in to the office to work
IRL 3 hours • Work performed at call in is 1.5x
Therapeutic 3 hours • Minimum 3 hours if called in. Compensate for Apheresis all hours worked – including those in preparation for the treatment and taking calls to/from medical director and treating physician. • Prep work and consults are at straight time rate up to 40 hours worked in a pay week. Standard overtime rules apply. • Work performed at call in is paid the straight time rate up to 40 hours of work. All work beyond 40 is at 1.5x (not pyramided) • Require staff to IVR or online punch weekly work to track time taking calls, time traveling and time working
5. Skill-Based Premiums
Premiums will be paid to certain employees who are performing additional skill-based duties, on an occasional basis, in the following manner:
a. Double Red Cell (DRC): Collections staff, other than Collections Technician IIIs,* collecting DRC shall be compensated at the rate of $1.50 per hour. The premium will apply to all hours an employee works on that day, and will be paid in addition to any shift or weekend differentials.
b. Charge (Collections Specialist II): Charge staff shall be compensated at the rate of $2.50 per hour. The premium will apply to all hours an employee works on that day, and will be paid in addition to any shift or weekend differentials.
c. Trainer: Provides both classroom and/On-the-job instruction to develop new skills in a staff member and can also perform competency assessments for other staff members. This designation requires successful completion of trainer/instructor certification (by Red Cross regulated standards).
d. Employees performing the trainer function as described above will be compensated at the rate of an additional $1.25/hr., and will be compensated at a half day minimum, for example, 1 - 4 hours will receive 4 hours; and, greater than 4 hours (for an 8-hour
TENTATIVE AGREEMENT 48
work day), the premium will apply to all hours an employee works on that day. Trainer differential will be paid in addition to any shift or weekend differentials. e. Instructor (OJI): An OJI performs training that occurs in the live environment prior to authorization to perform independently and can also perform competency assessments. OJI designation requires the successful completion of a trainer/instructor certification (by Red Cross regulated standards).
f. Employees performing the OJI function as described above will be compensated with an additional $1.25/hr., and will be compensated at a half day minimum, for example, 1 - 4 hours will receive 4 hours; and, greater than 4 hours (for an 8-hour work day), the premium will apply to all hours an employee works on that day. OJI differential will be paid in addition to any shift or weekend differentials.
g. Translator: This designation requires successful completion of an assessment (by Red Cross regulated standards).
(i) Employees performing in the Translator function will be compensated at the rate of an additional $1.25/hr., and will be compensated at a half day minimum, for example, 1 - 4 hours will receive 4 hours; and, greater than 4 hours (for an 8-hour work day), the premium will apply to all hours an employee works on that day. Translator differential will be paid in addition to any shift or weekend differentials.
h. Preceptor: This terminology should no longer be used.
TENTATIVE AGREEMENT 49
APPENDIX C – 2018 Team Care Rates and Description
Full-Time Employees Employee Per Pay Monthly Red Service Over 1 Year Monthly Premium Period Contribution Cross Contribution (24 Annual) Employee Only $ 717.49 $ 631.89 $ 42.80 Employee + Spouse/Partner $ 1,382.99 $ 1,033.51 $ 174.74 Employee + Child(ren) $ 1,497.48 $ 1,118.96 $ 189.26 Employee + Family $ 1,955.64 $ 1,460.92 $ 247.36
Employee Per Pay Monthly Red Service Less Than 1 Year Monthly Premium Period Contribution Cross Contribution (24 Annual) Employee Only $ 673.53 $ 592.63 $ 40.45 Employee + Spouse/Partner $ 1,301.53 $ 971.49 $ 165.02 Employee + Child(ren) $ 1,443.27 $ 1,077.27 $ 183.00 Employee + Family $ 1,845.06 $ 1,377.18 $ 233.94
Note: Premium rates need to be adjusted to reflect PT ees will not Part-Time Employees receive $450/wk STD Employee Per Pay Monthly Red Service Over 1 Year Monthly Premium Period Contribution Cross Contribution (24 Annual) Employee Only $ 717.49 $ 527.23 $ 95.13 Employee + Spouse/Partner $ 1,382.99 $ 600.65 $ 391.17 Employee + Child(ren) $ 1,497.48 $ 613.26 $ 442.11 Employee + Family $ 1,955.64 $ 663.72 $ 645.96
Employee Per Pay Monthly Red Service Less Than 1 Year Monthly Premium Period Contribution Cross Contribution (24 Annual) Employee Only $ 673.53 $ 493.75 $ 89.89 Employee + Spouse/Partner $ 1,301.53 $ 563.01 $ 369.26 Employee + Child(ren) $ 1,443.27 $ 578.57 $ 432.35 Employee + Family $ 1,845.06 $ 622.92 $ 611.07
TENTATIVE AGREEMENT 50