Think about what we have been able to accomplish together through our Union:

• Staffing & workload improvements
• Improved patient care through labor management and/or staffing committees
• A fair system for paid time off
• Educational benefits at many facilities
• Weekend work rotation and/or weekend pay differential
• A fair system of call-offs and call-back and enforcement of rotation list when it’s violated
• Fair wage increases

Often described as an art and a science, nursing is a profession that embraces dedicated people with varied interests, strengths and passions because of the many opportunities the profession offers. We have many roles – from staff nurse to educator to nurse practitioner and nurse researcher – and serve all of them with passion for the profession and with a strong commitment to patient safety. That’s why we honor our nurse members today and every day.

Our Union Rep will hand out gifts to 121RN nurse members on a first-come, first-served basis this week. Contact your worksite Union Rep to find out when.

Happy Nurses Week!!

During bargaining, our Union focuses on how we as hospital employees can improve our work lives, address complaints and make sure our concerns are heard. Based on bargaining surveys, Bargaining Team members propose new contract language, either adding to an existing article or suggesting a new proposal.  When our Union team and management agree on an article, we reach what is called a “tentative agreement.” These agreements don’t become final until the entire contract agreement is voted upon by our membership. As we talked about in our first bargaining update, we first address non-economic language. We made progress in addressing our proposals during bargaining Wed., April 17.

NEW PROPOSALS BY OUR UNION

Electronic Tracking System

Data acquired by and preserved within any electronic tracking system shall not be the sole source of information used to impose discipline or evaluate any employee.

New Technology/Equipment

Computer Access: The hospital will make Providence Connect available in all computer formats.

Definition: When used in this clause, the term “new technology/equipment” shall be interpreted to include all changes in technology (such as computer hardware and software, materials, equipment, machinery and tools) as well as any changes in work processes and/or work organization used by RNs in patient care to formulate nursing diagnoses, develop patient care plans, administer medications and document care provided to patients or to professionals in performing aspect of their jobs.

Advance Notice: The Hospital shall provide the Union with advance notice of any proposed workplace change at the point that Management begins to develop plans for the workplace change. Such notice shall be in writing and shall contain the supporting information outlined below. Management shall provide updates of new or revised information as it becomes available.

Within the time period referenced above, the Hospital shall provide the Union with the following information:

1. A full description of the change including its purpose and function, and how it would fit into existing operations and processes (including existing computer systems – both hardware and software);

2. The proposed implementation timetable for the workplace change;

3. Jobs which would be impacted by the change;

4. The anticipated impact on the skill requirements of the hospital work force;

5. The expected impact of the change on job content, pace of work, training needs.

Training: Upon introduction of new technologies and/or new equipment into the workplace, instruction will be made available to all employees who are responsible for using the technology/equipment. The method and extent of instruction will be based on the complexity of the technology/equipment being introduced.

The Hospital shall schedule mandatory training for such new technology before a final work schedule for that time period has been posted. The hospital shall provide a reasonable number of classes for both day shift and night shift employees. The hospital shall make its best effort to schedule classes at the hospital for night shift employees immediately after the night shift or during the night.

Time Management: Employees will not be disciplined for the amount of time it takes to use such technology or equipment to document or engage in other tasks.

“Today we reached agreement on a number of issues. Even though the language can be read quickly, it takes a lot of work to reach agreement. Every word is scrutinized – by us and by management – and the agreements we reach are compromises. Although the process is long, it is actually very empowering. We get to address our concerns and make our voices heard. Bargaining is an expression of our power. Although the bargaining team is crafting language at the table, the hospital listens to us because of the work we do every day as nurses and hospital professionals.”

– Kathy Parlevliet, CVICU
121RN Bargaining Team Member, Providence Tarzana Chapter

TENTATIVE AGREEMENTS

(see definition in first paragraph)

Investigatory Suspension

During the past few years, managers have placed employees on investigatory suspension for minor offenses.  To address this issue, our Union and the hospital agreed to add the following language to Article 10, Discipline.

“The Employer shall not, as a default position, place an Employee in unpaid suspension status pending investigation. The Employer reserves the right to do so when:  (1) Investigating theft, fraud, or dishonesty; or (2) In its sole discretion, the Employer concludes that the employee’s continued presence in the workplace creates a threat to the health, safety, or welfare of patients, the employee, other employees, patient families or data/property.”

Job Postings

When the hospital posts for positions, it creates an expectation that the position will be filled in a timely manner. The hospital does not always act as if this is the case and has, at times, delayed filling posted positions. The following language addresses employee concerns.

New language to be added to Article 5, Job Vacancies, Posting and Bidding: Once a position has been posted for at least seven (7) calendar days as set forth above and qualified applicants have applied, the Employer will make a good faith and reasonable effort to fill the position within thirty (30) calendar days. If qualified applicants have applied and the hospital has not filled the position within thirty (30) calendar days, the Employer will notify the union and provide an estimated time frame to fill the position.

Savings Clause

We also agreed to add to the Savings Clause article which states that if any provision of the Agreement is held to be in conflict with any State or Federal law, or if compliance with or enforcement of any provision is restrained, the remainder of this Agreement shall remain in full force and effect.

Our Union added: In the event that a provision of this Agreement is nullified by such judicial or legislative action, the parties shall meet for the limited purpose of negotiating a substitute for said affected provision.  Notwithstanding this language, the unaffected Articles and provision of this Agreement shall remain in full force and effect, including but not limited to Article 24, Work Stoppage.

Union Stewards

It is a Union Steward’s job to represent employees. You may have noticed that our Stewards are busier these days. Through these negotiations, we gained the right to add two steward positions.

Unchanged Contract Language

Our Union and management also we agreed to the following articles with no change from our current contract:  Article 3, Employee Status, Article 4, Seniority, Article 9, Grievance Procedure, and Article 16 Holidays.

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• Raffle Prizes & Gifts!
• Learn about our contract
• Updates on Clinical Ladder

“We work every day to keep people healthy and save lives.  Let’s take time this week to celebrate all that RNs do for patients at St. Joseph.”
- Shelley Vickrey, OR

Monday, May 6
8 a.m. – 10 a.m. & 11 a.m. – 2 p.m.
Lockheed B & C

Wednesday, May 8
5 p.m. – 8 p.m. & 10 p.m. – Midnight
Hope Room A

Saturday, May 11
8 a.m. – 10 a.m., 11 a.m. – 2 p.m.  & 6 p.m. – 9 p.m.
Hope Room C

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According to Title 22, “Nurse Administrators, Nurse Supervisors, Nurse Managers, and Charge Nurses, and other licensed nurses shall be included in the calculation of the licensed nurse-to-patient ratio only when those licensed nurses are engaged in providing direct patient care. When a Nurse Administrator, Nurse Supervisor, Nurse Manager, Charge Nurse or other licensed nurse is engaged in activities other than direct patient care, that nurse shall not be included in the ratio.”

The Department of Health Services (DHS) enforces nurse-to-patient ratios and many other requirements, but they have a difficult time doing so without the help of those who actually work in the hospitals.

All RNs are encouraged to fill out Patient Safety Reporting forms or Assignment Despite Objection forms every time you experience or witness a violation. If you do not file an ADO form, you are accepting the assignment and will have a difficult time proving the violation occurred. You should fill out and submit an ADO form if you are placed out of ratio at any time, or if you miss any break or meal period because of a lack of relief staff.

EXAMPLES OF VIOLATIONS

• Assigned more patients than Title 22 regulations allow
• Patients admitted or transferred without provision of additional staff
• “Averaging” the number of patients and the total number of RNs on the unit during any one shift or over any period of time. A nurse who is not assigned patients (for example, a charge RN) can not be included in the ratios.
• Patient acuity not taken into account or indicate need for transfer to higher level of care
• Having to cover another RN’s patients to relieve them for a break or meal period.

If you need an ADO form or are unsure what to do, contact your Union Representative. If you do not know who your Union Rep is, go to “Our Hospitals” and click on your hospital. Your Union Rep is listed at the top of the page.

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The report comes just before Workers’ Memorial Day, which falls on April 28 and commemorates workers who have been injured or killed on the job. National COSH this year has expanded the commemoration to a Workers’ Memorial Week of Action, consisting of events, actions, reports, and other ceremonies across the country throughout the week of April 22-28. A list of events is available atwww.workersmemorialweek.org.

“Each worker killed is a tragic loss to the community of family, friends and co-workers – and the worst part is, these deaths were largely preventable,” said Tom O’Connor, executive director of National COSH. “Simply by following proven safety practices and complying with OSHA standards, many of these more than 4,600 deaths could have been avoided. But as companies decry regulations and emphasize profits over safety, workers pay the ultimate price.”

For example, the death of 21-year-old Lawrence Daquan “Day” Davis on his first day on the job as a temporary worker at the Bacardi Bottling Company in Jacksonville, Fla., highlights the need for adequate training and protection of temporary workers – which now comprise 25 percent of the workforce – from workplace hazards.

Massachusetts recently passed the Temporary Worker Right to Know Law, implemented this year, which requires temporary staffing agencies to give each worker a written job order, providing information that every worker has a right to expect before going to a job, and protects temporary workers against retaliation.

“There’s been a meteoric growth in temporary workers who labor in our most dangerous jobs – often with scant information about hazards, safety training needed, even the name of their employer,” said Marcy Goldstein-Gelb, executive director of the Massachusetts Coalition for Occupational Safety and Health (MassCOSH) and coordinator of the Reform Employment Agency Law (REAL) Coalition, which worked with Massachusetts lawmakers in passing this critical legislation. “This law will bring essential sunlight to the shadows where employer abuses have taken place, and help ensure fairness for workers and employers who follow the state’s labor laws. The Massachusetts law can serve as a model for others states wanting to enact similar legislation to protect our nation’s temporary workers.”

The report also points to the alarming rate of immigrant worker fatalities in comparison to native-born workers. More than two Latino workers were killed on the job every day in 2011, many of whom were immigrant workers.

“Immigrant workers toil away in some of the most dangerous jobs in the most dangerous industries in attempts to live a better life in the U.S., and unfortunately, a disproportionate number of immigrant workers perish on the job,” said Jessica E. Martinez, assistant director of National COSH. “We as a nation must pass comprehensive immigration reform, which will help immigrant workers – regardless of their legal status – to come out of the shadows and speak out about unsafe conditions in the workplace.”

Other issues discussed in the report include:
·      Health and safety for workers in the energy sector;
·      The prevalence of workplace violence;
·      The dangers on the job for young agricultural workers;
·      Fines from regulators for workplace safety violations so low they are unlikely to act as a deterrent;
·      Heat stress for agricultural, construction, and other workers; and
·      Whistleblower protection and retaliation issues.
Case studies are provided about each of these topics.

The report points to the following reforms that are needed:
·      Meaningful immigration reform, which would bring undocumented workers out of the shadows and give them protections afforded to all workers.
·      A stronger Occupational Safety and Health Act, which would make felony charges possible when repeat or willful violations result in a worker’s death or serious injury, and would increase the penalties OSHA can impose on negligent employers.
·      An Injury and Illness Prevention Standard, which would require employers to find and fix health and safety hazards in the workplace.
·      State legislation to protect temporary workers on the job, which can be modeled after Massachusetts’ new Temporary Workers Right to Know Law.
·      State legislation to implement minimum penalty amounts for serious safety citations related to workplace fatalities, which can be modeled after Minnesota’s legislation that requires its state OSHA program to levy fines of no less than $25,000 for every serious violation and, in cases involving repeat or willful violations, no less than $50,000.
·      And many other reforms reviewed in the report.

“With 13 workers being killed on the job every day, it is essential to enact reforms to ensure that workers make it home safely at the end of every shift,” said Barbara Rahke, executive director of the Philadelphia Project on Occupational Safety and Health (PhilaPOSH) and a National COSH board member. “Together, we can point to regulatory and employer shortcomings and push for reforms to make workplaces safer – for all workers in all industries.”

Other state reports will be released this week in Massachusetts, California, Tennessee and North Carolina to commemorate Workers’ Memorial Day.

To see the full report, visit http://www.coshnetwork.org/workers-memorial-day-report-2013-preventable-deaths-tragedy-workplace-fatalities.

Visit www.workersmemorialweek.org for more information.

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The National Council for Occupational Safety and Health is a federation of local and statewide organizations; a private, non-profit coalition of labor unions, health and technical professionals, and others interested in promoting and advocating for worker health and safety.
To learn more about the National Council for Occupational Safety and Health, visit:http://www.coshnetwork.org.

Government statistics tend to underestimate the true intent of violence at work for a few few reasons:

• Date is collected on “battery” or incidents resulting in physical injury or death. Threats, verbal threats and harassment are not reported to government agencies.”

• In some jobs, assaults are so common that they are dismissed as “part of the job.”

• Other possible sources if information about violence – like hospital records or police reports – often fail to provide information about whether the injury was work-related.

• Employers discourage employees from filing workers’ compensation claims for assault. In addition, many injuries do not meet the criteria for receiving workers’ compensation.

Most of us know that recent tragic events have put a spotlight on violence against nurses and other healthcare workers. As nurses, it is up to us to ensure safety on the job. The first step must be to stop accepting workplace violence as part of the territory of being a nurse and speak honestly about what’s going on out there. It is time for us to report violence and tell our stories. Click here to share YOUR story.

SEIU Local 121RN and the SEIU Nurse Alliance of California will present a 6-CEU class on April 30 for members, “Violence is Not Part of the Job.” The class is being held in conjunction with Workers’ Memorial Day (April 28), a day to commemorate those who have been killed or seriously injured on-the-job.

Participants will learn about:

• What constitutes workplace bullying and how it affects our practice.
• What is a Cal-OSHA complaint and how is it filed and investigated?
• How are incidents of violence reported to Cal/OSHA?
• What is an Injury, Illness and Prevention Program?
• Hospital Safety Programs
• Case studies on workplace violence
• History of Workers’ Memorial Day

Provider approved by the California Board of Registered Nursing, CEP 14634

To register for this class, click here.

Click here to view and/or print class brochure and registration form.

Although non-economic issues don’t gain the same kind of attention as a wage increase or other compensation-related language, they are just as important. Think of non-economic language as the foundation that holds our workplace together in an organized, concrete manner. Raises, differentials, benefits and other compensation complete the package and keep dedicated and experienced employees at Tarzana.

Since we know that negotiating the monetary aspects of a contract captures everyone’s attention, we save those for last.

“There really is a method to our madness,” says Chapter President and Bargaining Team member Jim Owen. “Most people automatically think of raises or Clinical Ladder when it comes to contract negotiations, but those are just a part of our contract. The bulk of our agreement with management contains language outlining how our day-to-day workplace operates. If you think about it, this is just as important as money.” These issues include scheduling, discipline, new hires, time off, and floating.

Highlights of our Union Proposal to Management

• Employees who are on a leave of absence with an active expected return date to be allowed to apply for a posted position.
• Once a position has been posted and qualified employees have applied, the hospital will award the position within 14 days.
• Hospital must have cause to place employees on an investigatory suspension.
• Per diem shifts to be equitably distributed.
• Employees allowed to request time off prior to current maximum of 90 days ahead.
• Extra shift understanding and call-off per past practice to go in the contract.
• Float cluster is Peds/PICU. If NICU, Peds/PICU/Nursery wish to float, they may if they agree.
• No subcontracting of bargaining unit work!

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