AGREEMENT

BETWEEN

BISHOP MCCARTHY RESIDENCE

AND

JNESO - DISTRICT COUNCIL 1, IUOE/AFL-CIO

JANUARY 1, 2016 THRU DECEMBER 31, 2020

Article Title Page

Article 1 Agreement 1

Article 2 Recognition 1

Article 3 Union Membership 2

Article 4 Dues Deduction Check off 2

Article 5 Union Visitation, Union

Activity, Shop Stewards and

Bulletin Boards

4

Article 6 Management Rights 6

Article 7 Probationary Period 6

Article 8 No Strike – No Lockout 7

Article 9 Discharge and Discipline 8

Article 10 Grievance and Arbitration 9

Article 11 Employee Status 11

Article 12 Hours of Work 12

Article 13 Job Postings 13

Article 14 Seniority 14

Article 15 Lay-Off 15

Article 16 PTO 16

Article 17 Holidays 17

Article 18 Bereavement 18

Article 19 Jury Duty 19

Article 20 Scheduling and Available time 19

Article 21 Uniform Allowance 21

Article 22 Wages 22

Article 23 Weekend Work 24

Article 24 Health Benefits 24

Article 25 401K 25

Article 26 Tuition Reimbursement 25

Article 27 Death Benefit 26

Article 28 Non Discrimination 26

Article 29 Personnel Files 26

Article 30 Malpractice Insurance 27

Article 31 Leave of Absence 27

Article 32 Out of Title Work 28

Article 33 Non- Nursing Functions 29

Article 34 Miscellaneous 29

Article 35 Term of Agreement 31

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ARTICLE 1 – Agreement

This agreement, made and entered into the 19st day of February,

2016 by and between Bishop McCarthy Center for Rehabilitation

& Healthcare located at 1045 East Chestnut Avenue, Vineland,

New Jersey 08360 (hereinafter referred to as the Employer) and

JNESO, District Council 1 IUOE at 1225 Livingston Avenue,

North Brunswick, New Jersey, 08902 (hereinafter referred to as the

Union).

ARTICLE 2 – Recognition

The Employer recognizes the Union as the exclusive and sole

collective bargaining representative as determined by NLRB Case

04-RC-083251, for all regular Full-Time, Part-Time, and Per Diem

registered nurses and licensed practical nurses.

Excluded from the aforesaid bargaining unit are all Unit Managers,

Director of Nursing, Assistant Director of Nursing, In Service

Coordinator, guards and supervisors, office and clerical employees,

service and maintenance employees, security officers, managerial

employees, religious sisters and temporary employees.

The word “Employee” when used in this agreement shall apply to

employees in the bargaining unit.

Whenever the word “Local” is used in this agreement, it shall be

deemed to mean the Union at the local level. Whenever the word

“Union” is used it shall be deemed to mean JNESO, District

Council 1, IUOE/AFL-CIO.

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ARTICLE 3 – Union Membership

A. All employees who are members of the Union on the

effective date of this agreement shall remain members of

the Union as a condition of employment. All present

employees who are not members of the Union, and all

employees who are hired hereafter, shall become and

remain members of the Union in good standing as a

condition of employment upon completion of thirty-one

(31) days of employment.

B. For the purpose of this Article, an employee shall be

considered a member of the Union in good standing if

she/he tenders periodic dues uniformly required as a

condition of membership.

C. Subject to Article 10, Grievance and Arbitration, the failure

of any employee to establish and maintain Union

membership in good standing as required herein shall

obligate the Employer to discharge such employee upon

written notice from the Union to such effect. The

employee shall have twenty (20) days from the written

notice sent by the Union to the Employer to tender to the

Union the required dues. If such dues are not tendered

within the aforementioned twenty (20) days, the sanctions

of this paragraph shall take effect.

ARTICLE 4 – Dues Deduction Check off

A. The Employer upon receipt of authorization from the

Employee shall deduct from the wages of said employee

each pay period and remit to the Union office regular

monthly dues as fixed by the Union, by the twentieth (20)

day of the following month.

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B. The Employer will provide a list of all Employees in the

bargaining unit with payroll runs for the month, which will

include gross earnings and the amount of dues deducted for

that time period.

C. A monthly list of newly hired Employees will be provided

to the Union, with a copy to the Local President, by the

twentieth (20) day of each month. Included in the list will

be all terminated employees, employees who have

resigned, bargaining unit employees on a leave of absence

and employees who have transferred out of the bargaining

unit.

D. The Union shall promptly notify the Employer, in writing,

of any revocation of authorization for dues deductions

received by it.

E. It is agreed that the Employer assumes no obligation,

financial or otherwise, arising out of the provisions of this

Article, and the Union shall indemnify, defend, and save

the Employer harmless against any and all claims,

demands, suits, actions or proceedings or other forms of

liability that may arise out of or by reason of action taken

by the Employer in reliance upon this article or payroll

deduction cards.

F. The Employer shall not be obligated to make dues

deductions of any kind from an employee in the bargaining

unit who, during any dues month involved, shall have

failed to receive sufficient wages to equal dues deductions

or for any of the following reasons:

1. Termination of employment;

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2. Transfer to a job other than one that is covered

by the bargaining unit;

3. Layoff from work;

4. An agreed upon leave of absence;

5. Revocation of check off authorization in

accordance with applicable law.

ARTICLE 5 – Union Visitation, Union Activity, Shop

Stewards, and Bulletin Boards

A. A representative of the Union, who is not also an employee

of the Center, shall have reasonable access to the

Employees for the purpose of administering this

Agreement.

B. The Employer will be provided with a list of names of

Union officers and stewards and their alternates. The

Union will advise the Employer of any changes to that list.

C. An individual who is employed by the Center and

designated by the Union will be provided with an

opportunity on the day shift to meet newly hired bargaining

unit Employees, during orientation. They will be permitted

to distribute the Collective Bargaining Agreement to the

new Employees and provided a reasonable amount of time

under the circumstances, not to exceed one-half (1/2) hour,

to explain, review and answer questions about the

Collective Bargaining Agreement. The Union

representative will be paid their straight time rate by the

Employer. The new Employees will be on work time, if

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they are otherwise scheduled to be at work at the time of

such meetings.

D. Employees, who are required under this agreement to

represent the local Union at meetings with management

involving grievances, grievance procedures, discipline

procedures or other meetings for the purpose of

administering the Collective Bargaining Agreement, shall

not suffer any loss in normal pay during the period of time

they are in attendance at such meetings.

E. The Employer shall provide a glass enclosed, lockable

bulletin board (the keys to be given to the Union), which

shall be used for the purpose of posting Union notices.

Copies of materials to be posted shall be provided to the

Employer prior to posting.

F. The Employer will provide the Local with a lockable filing

cabinet for the Local’s use. The keys will be given to the

Local.

G. The Employer will provide a cumulative total of three (3)

paid days off per contract year to be taken by local Union

officer(s) in order to attend Union meetings outside of the

Center.

H. The bargaining team members shall be paid for each day at

their Regular rate of pay.

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ARTICLE 6 – Management Rights

A. Except, as expressly limited by the provisions of this

agreement, the employer retains all of the functions

customarily vested in management.

B. The Employer may establish such rules as it deems

necessary or desirable for the operations of the Center

provided such rules do not conflict with the provisions of

this agreement.

C. There shall be no individual agreements between

employees and the Employer. This agreement contains the

full understanding between the parties, and cannot be

modified except by written agreement between the parties.

The Union and Employer recognize that the primary

obligation of the Center is to ensure the safety, health, and

comfort of its residents/patients. Consequently, the parties

agree to cooperate to attain and maintain full efficiency and

maximum resident/patient care.

D. The Employer may temporally employ employees of

agencies based on need, and such agency employees shall

not be covered by the terms of this Agreement. The agency

employee may not cause a layoff of bargaining unit

members and may only be used when all other staffing

plans have been exhausted.

ARTICLE 7 – Probationary Period

A. Newly hired employees shall be considered probationary

for a period of ninety (90) days from the commencement of

work which shall be equal to no less than thirty-five (35)

work days. The Employer, in writing, may request the

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Union to agree to extend the probationary period for an

additional thirty (30) days. Mutual agreement by the Union

to extend the probationary period will not be unreasonably

withheld.

B. Upon successful completion of the probationary period, an

Employee’s seniority will be retroactive to the Employee’s

last date of hire in a bargaining unit position.

C. During the Employee’s probationary period, the Employer

may discipline/discharge any such employee for any

reason, which need not be stated by the Employer. Such

discipline/discharge shall not be subject to the

grievance/arbitration provisions of this agreement.

D. Probationary employees will be entitled to be covered

under the terms of this agreement except as to

discipline/discharge/grievances and any other provisions

which specifically exclude employees during their

probationary period.

ARTICLE 8 – No Strike-No Lockout

A. The Employer agrees that it will not lockout employees

during the term of this Agreement.

B. Neither the Union nor any employee shall call, sanction or

engage in any strike, slowdown or stoppage of work,

collective refusal to work overtime, picketing,

demonstration, boycott, refusal to cross a picket line,

sympathy strike, or other interference with the operation of

the employer during the period of this Agreement.

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ARTICLE 9 – Discharge and Discipline

A. No employee who has completed the probationary period

shall be disciplined or discharged except for just cause.

The questions of “just cause” shall specifically be subject

to the grievance procedure of the agreement. All

discipline, exclusive of verbal warnings, shall be in writing

on a standard form with a copy to be given to the

employee. Counseling’s shall not be considered discipline.

B. If an employee is directed to attend any meeting which

could result in the employee being disciplined, the

employee shall have the right to have a Union

representative present if the employee so requests. If the

employee does not wish to have a Union representative

present, the employee must sign a written waiver. A copy

of the waiver shall be hand delivered to the Steward within

a twenty-four (24) hour period of the meeting. This time

limit shall be deemed exclusive of Saturdays, Sundays, and

legal holidays.

C. The Employer will notify the Union in writing within two

(2) working days of any discharge or suspension. This time

limit shall be deemed exclusive of Saturdays, Sundays, and

legal holidays. If the Union desires to contest the discharge

or suspension, it shall give written notice thereof to the

Employer within ten (10) working days. The parties agree

that time is of the essence and if a grievance is not filed

within ten (10) days after notice to the Union the grievance

is waived.

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ARTICLE 10 – Grievance and Arbitration

A. A grievance is defined as any dispute between the parties

hereto, or between an employee and the Employer, arising

under the terms and conditions of this agreement of the

interpretation, application, performance, termination or

alleged breach hereof. If any such grievance arises it shall

be settled and determined exclusively by the following

grievance and arbitration procedure, except as provided in

Article 8 – No Strike – No Lockout and except as in Article

9 – Discharge and Discipline. Time limits set forth in the

following steps may be extended only by mutual consent of

the parties hereto in writing.

B. The purpose of this article is to encourage the resolution of

issues and grievances at the lowest possible level and on an

informal basis. The grievance procedure shall be informal

and confidential unless otherwise stated herein.

1. Step 1 – The employee shall first attempt to resolve the

Issue with her/his unit manager. The Issue must be

made known to the supervisor not later than ten (10)

working days from the date, or within ten (10) working

days of when the employee should have reasonably

known, of the occurrence giving rise to the grievance.

2. Step 2 – If the matter is not resolved in Step 1, the

employee shall, within ten (10) working days after

making the Issue known to her/his unit manager, move

the Issue to a grievance in writing and present it to the

Director of Nursing. A grievance so presented at this

step shall be answered by the Employer in writing

within ten (10) working days after its presentation, with

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a copy forwarded to the Union at the North Brunswick

office.

3. Step 3 –If the matter is not resolved in Step 2, the

employee shall, within ten (10) working days after the

receipt of the reply of the Director of Nursing, refer the

grievance in writing to the Administrator within ten

(10) working days after the presentation of the

grievance at this step. A grievance concerning

discharge or a suspension may be presented initially at

Step 3, with the time limit specified in Step 1.

4. Step 4 – If the grievance is not settled on the basis of

the foregoing procedure, the Union may submit the

issue in writing to arbitration within ten (10) working

days of the Employer’s answer in Step 3. The

arbitration shall be conducted under the Voluntary

Arbitration Rules then prevailing of the American

Arbitration Association. The arbitrator shall decide the

matter within the scope of this agreement and her/his

decision shall be final and binding upon the Employer,

the Union, and the employee. The arbitrator shall have

no authority to add to, subtract from, or otherwise

change or modify or to make a determination

inconsistent with the provisions of this agreement.

Both parties shall pay one-half (½) of the fees of the

arbitrator and any other expenses jointly incurred

incident to the arbitration proceedings. All other

expenses shall be borne by the party incurring them,

and neither party shall be responsible for the expenses

of witnesses called by the other party.

C. All time limits herein specified shall be deemed to be

exclusive of Saturdays, Sundays, and holidays.

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D. Any disposition of a grievance from which no appeal is

taken within the time limits specified herein, or as extended

pursuant to agreement, shall be deemed to be resolved and

shall not thereafter be considered subject to the grievance

and arbitration provisions of this agreement. In the event

the Employer representatives designated in steps 1 through

3 fail to respond the grievance within the designated time

period, such failure shall not constitute acquiescence to the

grievance, and the grievance must be processed to the next

step by the Union or the employee or it will be considered

resolved.

E. A grievance which affects a substantial number or class of

employees may initially be presented in Step 3 by the

Union representative.

ARTICLE 11 – Employee Status

A. Full- Time: Defined as employees that are regularly

scheduled to work forty (40) hours a week.

B. Part-Time: Defined as employees that are regularly

scheduled to work less than forty (40) hours per week.

1. Part-Time Employees who work at least thirty (30)

hours and as defined by the ACA, are eligible for health

benefits, as well as holiday pay, sick days, vacation

days and bereavement as defined. Part-time employees

that are regularly scheduled and work at least twenty

four (24) hours per week are not eligible for health

benefits, but are eligible for holiday pay, sick days,

vacation days and bereavement as defined.

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C. Per-Diem: Defined as employees who are not regularly

scheduled but who work on an as needed or relief basis (not

benefit eligible).

ARTICLE 12 – Hours of Work

A. The normal work day for employees shall be eight and a

half (8½) hours of which one-half (½) hour will be an

unpaid meal period.

B. Employees shall be entitled to one (1) fifteen (15) minutes

paid rest periods per shift.

C. For the purposes of computing overtime, paid scheduled

time off shall be considered hours worked.

D. Time schedules are to cover a four (4) week period and are

to be posted two (2) weeks prior to the implementation date

of the schedule. The schedule will not be changed unless

mutually agreed in writing between the Employee and

Employer.

E. Employees are expected to clock in at the beginning and

end of their shift (or the beginning and end of their work

day if different than their previously assigned shift).

Falsification of time records is prohibited.

F. Overtime

1. Working times other than a previously scheduled shift

must be approved in writing in advance by supervisor

or his/her designee. Employees will receive 1½ times

their regular hourly rate for all actual hours worked in

excess of forty (40) hours per week commonly known

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as “overtime pay”. Any unscheduled paid time-off is

not considered hours worked for purposes of

calculating overtime pay. Working times other than

your assigned shift without prior approval is prohibited.

G. Per Diem employees have the following work

requirements:

1. Work one (1) weekend per month

2. Make themselves available two (2) shifts per month as

posted on the available time list.

3. To work one (1) summer and one (1) winter holiday a

year. Winter and summer holidays are defined as:

4. Winter Holidays are Thanksgiving, Christmas and

New Years,

5. Summer Holidays are Memorial Day, July 4’th and

Labor Day.

ARTICLE 13 – Job Postings

A. All vacant positions within the bargaining unit will be

posted on the Employer’s bulletin board. All such posted

positions will be emailed to the President of the Union

Local and emailed or faxed to the JNESO office in North

Brunswick with the date of posting.

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B. The employer may advertise and seek employees from

outside sources for the position after posting in-house for

three (3) week days.

C. Presently employed qualified bargaining unit members will

be given first preference for all vacancies, available shift

changes and newly created positions.

D. When two or more employees are equally qualified, the

employer will select the most senior.

ARTICLE 14 – Seniority

A. Bargaining unit seniority (hereinafter "seniority") is

defined as the length of time an employee is continuously

employed by the Employer in any position covered by this

Agreement. All employees will accrue seniority based on

date of hire.

B. Seniority shall apply in the computation and determination

of eligibility for all benefits where length of service is a

factor pursuant to this Agreement.

C. An employee's seniority shall commence after completion

of the probationary period and shall be retroactive to the

employee's most recent employment date. Seniority shall

not accrue during leaves of absence unless otherwise set

forth in this Agreement, or while an employee is on

suspension.

D. An employee's seniority shall be lost when the employee:

(a) terminates voluntarily; (b) is discharged for cause; (c)

exceeds or abuses the provisions and purposes of an

authorized leave of absence; (d) fails to report off work

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for two (2) consecutive scheduled work days, except in a

validated emergency; (e) is laid off in excess of the

employee's length of service, or six months, whichever is

less; or (f) fails to respond within seventy-two (72) hours

of the mailing of a recall notice sent by certified mail to

the last address furnished to the Employer by the

employee.

E. The Employer will, upon execution of this Agreement and

at least bi-annually thereafter, (in January and July)

furnishes the Union with a seniority list. The employer

shall also provide salary level (position on wage scale).

ARTICLE 15 – Lay-off

A. In the event of a layoff:

1. Probationary, Per Diem and temporary employees shall

be laid off first without regard to their individual period

of employment.

2. Part-time employees based on seniority.

3. Non-probationary full employees on basis of seniority.

Employees will be guaranteed two (2) weeks of lay-off

notice.

B. In the case of a layoff, the Employer shall notify the Union

2 weeks before implementation. The Employer shall

discuss the reasons and details of the layoff including

alternatives to a layoff and procedures to be used.

C. Recall - Whenever a vacancy occurs in a bargaining unit

position, employees who are on layoff shall be recalled in

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accordance with seniority in the reverse order in which

they were laid off, subject to the determination by the

Employer the relative qualifications and ability of the

employees to perform the available work provided such

determination is not arbitrary or capricious. Current

employees shall be deemed to have the skill and ability if

they are able to satisfactorily perform the available work

after having received the same orientation and/or training

that a newly hired employee would be offered.

ARTICLE 16 – PTO

A. Full-time employees shall receive accrue PTO as follows:

1. 0– 10 years of employment: 14 days

2. 11 + years of employment 20 days

B. All employees hired prior to the purchase of the Center,

December 14, 2015, shall have their current Vacation

schedule below Grandfathered to the following PTO level

of time:

1. 0-5 years 15 days PTO

2. 5+ years 20 days of PTO

3. PTO is capped at 20 years

C. Part-time employees PTO shall be prorated.

D. If an employee resigns with two weeks’ notice or is

terminated, such employee will be paid all accrued PTO.

E. Fifty percent (50%) of accrued PTO maybe carried over

and shall be taken during the following year.

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F. In the selection of PTO bargaining unit seniority shall

prevail within the nursing unit and on the shift.

G. PTO requests will be made in writing and will be granted

provided the request in made in a timely manner but shall

not be unreasonably denied.

H. Approval for PTO requests shall be in writing and available

no later than 14 days from the time the requests was placed.

I. The Employer may require an employee to produce a

doctor’s note or a nurse practitioner’s note to verify illness

or the employee’s ability to return to work for absences of

three (3) or more days or in the event there is a pattern of

abuse, (including absences affecting eligibility for holiday

pay).

J. The Employer may also require medical clearance to return

to work when an employee has been ill with a reportable

contagious disease as outlined in New Jersey Department

of Health NJAC 8:57.

ARTICLE 17 – Holidays

A. The Employer agrees to furnish the following holidays with

pay to all employees who have passed their probationary

period covered by this Agreement:

1. New Years Day

2. Easter Sunday

3. Memorial Day

4. Independence Day

5. Labor Day

6. Thanksgiving Day

7. Christmas Day

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B. A Full Time employee who works on the holiday shall

receive double time for all hours worked, part-time

employees shall receive time and a half (1-1/2).

1. Full-time employees will receive eight (8) hours pay

when not working the holiday. Part-Time employees

will receive four (4) hours pay when not working the

holiday.

C. Pay for holidays will not be granted if an employee is

absent from assigned duty on the last regularly scheduled

work day before or first regularly scheduled work day after

any designated holiday, unless a doctor’s note is supplied

certifying that the employee was unable to work on such

last regularly scheduled work day before or such first

regularly scheduled work day after the holiday.

D. If an employee calls out sick when scheduled to work a

holiday, time will be paid provided the employee supplies a

doctor’s note covering that day.

ARTICLE 18 – Bereavement

A. All Employees who have completed their probationary

period, in the event of a death in the Employees immediate

family, will be eligible to receive absence from work with

pay for three (3) days to be taken on consecutive work

days.

B. Immediate family shall be defined to mean mother, father,

husband, wife, brother, sister, children, grandparents,

grandchildren, mother-in-law, father-in-law, stepchildren

and stepparents, civil union partner, brother in-law and

sister in-law.

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C. Time off with pay for up to two (2) days be granted where

there is a death of an aunt, uncle, nephew or niece.

D. Proof of death and/or relationship to the deceased, may be

requested by the Employer before payment is made.

ARTICLE 19 – Jury Duty

A. All employees who have completed their probationary

period and who are called to serve as jurors will receive

their regular pay, less their pay as a juror, for each workday

while on jury duty for a maximum of ten (10) days in a

calendar year. An employee on jury duty is expected to

report to work when she/he is not actively serving as a

juror, provided she/he has been excused by the Judge or

other duly authorized court official.

B. When an employee receives a subpoena for jury duty,

she/he must present it to his/her DON or staffing

coordinator.

C. All employees will be granted unpaid leave for jury duty

(in excess of the 10 days provided for in paragraph A), as

required by law.

ARTICLE 20 – SCHEDULING AND AVAILABLE TIME

A. A preliminary schedule/plan sheet is posted four (4) weeks

prior to starting date of the schedule for full and part-time

employees. Posting is for one (1) week.

B. Following the completion of the preliminary schedule/plan

sheet, all conflicts for scheduling of individual days on and

off will be resolved by seniority on a rotating basis. A final

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schedule will be posted two weeks prior to the start of the

schedule.

C. Coverage still needed for specific shifts at the time the

schedule has been posted and the committed hours have

been assigned to full-time and part-time employees will be

offered in the following priority:

1. Part-Time At regular hourly rate of pay up

to 40 hours/week

2. Per Diem At their regular hourly rate of pay up

to 40 hours/week

3. Full-Time/PT Overtime (according to seniority)

4. Per Diem Over 40 hours/week

D. All extra time, as outlined above, is time available after

committed hours are met. Extra time shall be offered in an

equitable rotating manner.

E. The availability list will be posted for one (1) week and

removed, and approved within seventy-two hours (72). No

one may bump the approved available time.

F. A commitment to work the available time is a serious

commitment. Failure to report to work pursuant to the

available time commitment and without timely

notification (6 hours) will result in the employee being

barred from available time for one (1) posted schedule

period.

G. Nurses who engage in a pattern of cancelling their

commitment to available time will be barred from available

time for one posted schedule period.

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A pattern shall be defined as two cancellations within one

posted schedule period or one cancellation in each of any

four (4) consecutive posting periods.

H. The Nursing/Scheduling Office will give three (3) hours

notice of cancellation of extra time or overtime.

I. In no event will an agency nurse be employed if a

bargaining unit nurse is ready, qualified and willing to

perform the work.

J. In the event that cancellation of extra time or overtime is

necessary, it shall be in inverse order of the way it was

offered and filled:

1. Agency personnel will be cancelled before any Bishop

employee.

2. Per Diem scheduled for overtime (over 40 hours/week).

3. Full-time/part-time scheduled for overtime (according

to seniority).

4. Per Diem.

5. Part time employees working above required hours.

K. Cancellation will be by inverse order of seniority, on a

rotating basis.

L. Once an employee has shown up for work, she/he cannot

be cancelled.

ARTICLE 21 – Uniform Allowance

Full time employees will be provided 4 sets of uniforms upon

completion of ninety (90) days of continuous employment. Part

time and Per Diem employees will be provided 2 sets upon

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completion of ninety (90) days of continuous employment. All

employees will receive 2 additional uniforms yearly, upon their

anniversary of employment. Employees may purchase additional

uniforms at cost.

ARTICLE 22 – Wages

A. Employees shall be hired in, based upon documented

experiences provided by the employee with her/his

employment application. Any changes/corrections to an

employee’s documented experience must be raised to the

Employer within thirty (30) days of the date of hire. Any

agreed upon changes/corrections made to the documented

experience of the employee shall be without retroactive

liability to the Employer.

B. Hire in rate shall be set as follows based on years of

verified experience:

1. LPN :

i. 0-2 years –$21.00

ii. 2 years –$21.40

iii. 4 years –$21.80

iv. 6 years –$22.20

v. 8 years –$22.60

2. RN :

i. New Hire –$26.50

ii. 1 year –$27.00

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iii. 2 years –$27.50

iv. 4 years–$28.00

v. 6 years –$28.50

vi. 8 years –$29.00

3. Per Diem Rate based on years of verified experience

i. Hire in Rate plus $4.00

C. On the date of ratification all current employees shall have

their base rate adjusted to the current rate if placed below

the most current experience rate.

D. Specialty Classifications hire in rates shall be:

1. RN MDS Coordinator $ 28.00

2. LPN Case Manager $ 21.00

3. RN Infection Control $ 27.00

4. RN External Case Manager $ 27.00

E. Additional rate shall be added to the above Specialty hire in

rate based on verified years of experience:

1. 1 year – $ 0.50

2. 2 years – $ 1.00

3. 4 years – $ 1.50

4. 6 years – $ 2.00

5. 8 years – $ 2.50

F. All Non –probationary employees on the date of ratification

shall receive a base rate increase of 5% Retro to January 1,

2016. All employees shall receive an annual base rate

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increase of 2.0%, in 2017, 2018, 2019, and 2020

throughout the duration of this agreement during the first

full pay period in January.

ARTICLE 23 – Weekend Work

A. Employees may be required to work twenty-six (26)

weekends per year in a steady alternating weekend

schedule (i.e. one weekend on and one weekend off).

B. Employees will not be require to make-up scheduled

weekend shifts which fall during an employee inpatient

hospital stays, approved LOA/FMLA.

ARTICLE 24 – Health Benefits

A. New hire Employees are eligible for health benefits upon

satisfactory completion of ninety days of continuous

service.

B. All bargaining unit employees who work thirty (30) hours

per week, as defined by the A.C.A., shall be eligible for

Health Care Benefit. Under the A.C.A., employees’

deductibles cannot exceed more than 9% of the employees’

salary.

C. All employees hired before December 14, 2015, will

contribute cost sharing of twenty-five percent (25%) of the

premium. Employees hired after December 14, 2015 will

contribute cost sharing of thirty percent (30%) of premium.

D. The employer may change from the current insurance

carrier provided the coverage obtained is the same or

comparable to the current level of Benefits. In the event the

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employer does change the insurance provider the union will

be notified and the parties will meet to discuss the impact

and/or the implementation at the request of either party.

ARTICLE 25 – 401K

A. Eligible employees after one (1) year of continuous service

can participate in Facility’s 401K Plan. The Employer will

match $0.25 for every dollar invested by the employee up

to a maximum of $200.00.

ARTICLE 26 – Tuition Reimbursement

A. The Employer will provide tuition reimbursement to full-

time employees who have completed one year of active

service.

B. The course must be approved, in writing, by the

Administrator prior to enrollment.

C. The course must be related to long term care or be a part of

a curriculum for a degree related to nursing which was

approved in advance by the Administrator.

D. The employee must present written proof of completion of

the course with at least a grade of “C” or “pass” for a

pass/fail course. She/he must also present proof of

payment for the course by the employee.

E. Maximum reimbursement shall be $1,500 per calendar

year.

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F. An employee who received tuition that Voluntarily leaves

employment prior to a two year commitment shall be

required to reimburse the employer at the following rate:

1. 0-1 year full tuition amount

2. After 1 year up to 2 years =Prorated

ARTICLE 27 – Death Benefit

The Employer will provide, after three (3) months of continuous

employment with the Employer, a death benefit of $10,000 for all

full time employees.

ARTICLE 28 – Non Discrimination

The Employer and the Union hereby agree to continue their

practice of not discriminating against any employee for

employment because of race, creed, color, national origin, age, sex,

sexual preference, ancestry, religion, marital status, or liability for

services in the Armed Forces of the United States in compliance

with all applicable Federal and State statutes, rules, and

regulations.

ARTICLE 29 – Personnel Files

A. A personnel file will be maintained for each employee. No

entries, notations, documents, etc., which reflect on an

employee’s ability to perform or character shall be placed

in her/his personnel file without first having been shown to

the employee and the employee having been given the

opportunity to review them and to place a letter of other

document in the file concerning such entry, notation,

document, etc. An employee shall be entitled to review

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her/his personnel file provided that a written request to do

so is received.

B. Any disciplinary action not sustained shall be removed

from the personnel file immediately.

ARTICLE 30 – Malpractice Insurance

The Employer will continue to provide at its sole cost and expense

Malpractice Insurance.

ARTICLE 31 – Leave of Absence

A. Employees are entitled to leaves of absence under FMLA

or NJFLA which shall be granted in accordance with the

terms and conditions of the applicable law.

B. Medical leaves of absence are available to full-time and

part-time employees who have accrued one year or more

of continuous service and who became unable to work

because of injury, illness, or other physical disability which

is not work-related (non-compensable) without loss of

seniority. Upon presentation of a physician certificate the

employee will be granted a sick leave for a period of up to

one hundred and twenty (120) days from the date the

employee last performed work at the Center. An employee

who is on this type of approved sick leave will not accrue

vacation or sick time. The employee will continue to

receive health benefits under FMLA for the first ninety (90)

days and will be responsible for the payroll deduction.

After the ninety (90) days the employee is responsible for

health insurance coverage under Cobra.

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C. Non-medical leaves of absence may be granted to full-time

and part-time employees by mutual agreement between the

Employer and the Union without loss of seniority. In order

to retain seniority, the employee must return to work at the

expiration of the leave of absence. During the leave of

absence, the employee will be responsible for the payment

of premiums to the health benefits plan. Vacation and sick

time will not accrue during the leave of absence.

ARTICLE 32 – Out of Title Work

A. Employees who are requested by the Employer to perform

functions normally assigned when working in a title which

is supervisory and which is outside the bargaining unit, or

if in the bargaining unit would receive a higher rate of pay,

shall receive a differential of ten percent (10%) of their

hourly base pay for each hour they are required by the

Employer to perform said function(s), if the regular

supervisory person is out of the facility. In the event that

said employee is entitled to overtime pay, or holiday pay as

defined in this Agreement during the period that she/he is

working out of title, she/he shall receive the additional pay

for those hours that she/he worked out of title.

B. Employees who accept a non-bargaining unit position on a

temporary basis shall continue to accrue seniority for a

period not to exceed six (6) months. An employee who

accepts a permanent position outside the bargaining unit

but within the Facility, and is subsequently allowed to

return to a bargaining unit position within six (6) months

from accepting the outside position, will retain all prior

seniority that she/he had at the time she/he left the

bargaining unit position. If an employee does not return to

the bargaining unit within the six (6) month period or after

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the new position's probationary period, the bargaining unit

seniority shall be lost.

ARTICLE 33 – Non-Nursing Functions

A. In the interest of high quality patient care, the parties agree

that it is in the employer's, employee’s and patient's interest

to maximize the utilization of Registered Nurses and

Licensed Practice Nurses in the nursing function and to

minimize their use in non-nursing functions. Except in

unusual situations, Registered Nurses/LPN’s covered by

this Agreement will not ordinarily perform such non-

nursing functions as housekeeping, maintenance, laundry,

and dietary.

B. Copies of all new/revised clinical and/or personnel policies

and procedures which affect bargaining unit employees

shall be sent to the Local President and the Union prior to

implementation. Upon request, the Employer shall meet

and discuss the changes. Complete copies of all current

policies will be provided to the local president and JNESO

within thirty (30) days of contract signing. The Employer

shall provide enough time for discussion of new policies

prior to implementation.

ARTICLE 34 – Miscellaneous

A. The collective bargaining agreement shall be printed and

made available to all employees.

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B. The Union and Management shall establish quarterly

meetings for the purpose of reviewing the administration of

this agreement and to discuss issues that may arise. These

meetings are not intended to by-pass the grievance

procedure or to be considered contract negotiating meetings

but are intended as a means of fostering good Employer-

employee relations. Meetings shall include an agenda of

topics to be discussed and is to be submitted seven days

prior to the meeting date.

C. The Employer will provide the Union copies of current job

descriptions as well as copies of new/changed job

descriptions and will give the Union an opportunity to

discuss new/changed job descriptions prior to

implementation.

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ARTICLE 35 – Term of Agreement

This Agreement shall become effective January 1, 2016 and shall

remain in force and effect up to and including midnight,

December 31, 2020.

After January 2019 should the economy warrant it, the Union or

management may request in writing further discussion in

economics.

In Witness Whereof, the parties hereunto have set their hands and

seal this 9th

day of March, 2016.

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