,;

2020-2021

AGREEMENT BY AND BETWEEN

BENTON-FRANKLIN HEALTH DISTRICT

AND

WASHINGTON STATE NURSES ASSOCIATION

January 1, 2020 through December 31, 2021

TABLE OF CONTENTS

PREAMBLE ................................................................................................................................... 3 ARTICLE 1 - RECOGNITION ...................................................................................................... 3 ARTICLE 2 - ASSOCIATION MEMBERSHIP ............................................................................ 4 ARTICLE 3 - NONDISCRIMINATION ....................................................................................... 5 ARTICLE 4 - MANAGEMENT RIGHTS ..................................................................................... 5 ARTICLE 5 - EMPLOYEE RIGHTS ............................................................................................. 6 ARTICLE 6 - GRIEVANCE PROCEDURES ............................................................................... 7 ARTICLE 7 - PERSONNEL RULES ............................................................................................. 9 ARTICLE 8 - CONTRACTING OUT ........................................................................................... 9 ARTICLE 9 - COMPENSATION AND RATES OF PAY .......................................................... 10 ARTICLE 10 - HOURS OF WORK ............................................................................................ 10 ARTICLE 11 - VACATIONS ...................................................................................................... 12 ARTICLE 12 - HOLIDAYS ......................................................................................................... 14 ARTICLE 13 - SICKLEAVE ...................................................................................................... 15 ARTICLE 14 - BEREAVEMENT LEAVE ................................................................................. 17 ARTICLE 15 - LEAVE OF ABSENCE ....................................................................................... 18 ARTICLE 16 - INSURANCE BENEFITS ................................................................................... 20 ARTICLE 17 - GENERAL CONDITIONS ................................................................................. 21 ARTICLE 18 - CLASSIFICATION ............................................................................................. 22 ARTICLE 19 - HIRING, PROMOTIONS & TRANSFERS ........................................................ 24 ARTICLE 20 - LAYOFF AND RECALL ................................................................................... 26 ARTICLE 21 - DISCIPLINE ........................................................................................................ 28 ARTICLE 22 -ASSOCIATION REPRESENTATIVES ............................................................. 30 ARTICLE 23 - CONFERENCE COMMITTEE .......................................................................... 30 ARTICLE 24 - SAVINGS CLAUSE ........................................................................................... 31 ARTICLE 25 - SUBORDINATION OF AGREEMENT ............................................................. 31 ARTICLE 26 - NO WORK STOPPAGE AND NO LOCKOUT ................................................ 31 ARTICLE 27 - TERM OF AGREEMENT .................................................................................. 32 APPENDIX A (2020 COMPENSATION PLAN) ........................................................................ 34 APPENDIX A (2021 COMPENSATION PLAN) ....................................................................... 35 APPENDIX B (2020 HEALTH INSURANCE PREMIUMS COST BREAKDOWN) ............... 36

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THIS AGREEMENT is between Benton-Franklin District Health Department (hereinafter called the District) and the Washington State Nurses Association (hereinafter called the Association). The purpose of this Agreement is to set forth wages, hours and other conditions of employment of those employees of whom the District has recognized the Association as the exclusive bargaining representative.

PREAMBLE

The purpose of this Agreement is to establish compensation and working conditions for employees in the bargaining unit. This Agreement has been reached through the process of collective bargaining. The District believes that the practices and procedures of collective bargaining constitute a fair and orderly way of conducting its relations with its full-time employees and regular part-time employees insofar as such practices and procedures do not interfere with the District's right and obligation to operate efficiently and effectively in order to best serve the citizenry within the District.

ARTICLE 1 - RECOGNITION

1.1 Recognition. The District hereby recognizes the Association as the exclusive bargaining representative for all registered nurses employed by the District including those performing the duties of RN, PHN and NP. This shall be meant to include full-time employees and regular part­time employees.

1.1.1 Per Diem. From time to time, the District may employ nurses to cover regular employee absences such as vacation, sick leave and any other leaves on an intermittent basis up to 500 hours in a twelve (12) month period. These positions will be considered bargaining unit members. These positions will not be eligible for any of the benefits provided in this Agreement except that compensation will be based on an hourly rate according to Appendix A as determined by the Administrator or designee. An RN who works more than 500 hours in a 12-month period shall be eligible for all benefits of the CBA.

1.2 Excluded Positions. The Association hereby recognizes that those positions which are excluded from the bargaining unit are as follows: Health Officer, Public Health Administrator, Director of Environmental Health, Director of Nursing Services, Senior Manager Preventative Health, Public Health Nurse III, Public Health Nurse IV, Registered Nurse III, Registered Nurse IV, Operations Director, Human Resources Manager, Finance Manager, IT Manager, Client Services Manager, Accountant, Performance Assurance Specialist, Business Assistant, Administrative Assistant, all seasonal employees, all casual employees and independent contractors (speech, physical, occupational and respiratory therapists).

For the purposes of this Agreement, seasonal employees shall mean those employees hired for peak work periods that do not exceed three (3) months in duration and casual employees shall mean those hired for incidental purposes or one-time projects.

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1.2.1 Grant and Special Funded Program Employees. Inclusion of positions in grants and specially funded projects will be determined with regard to specific provisions and requirements after discussions with the Association. Nurses who are hired into grant or specially funded projects from outside the Health District may be discharged in the event the program is discontinued, however, the layoff rights and provisions of Article 20 herein, shall apply for those who have been employed as grant funded employees for two years or more. Grant funded employees who are discharged due to grant termination and with less than two years of service shall receive preference based on seniority for openings within this bargaining unit for which they are qualified for one year from date of layoff. In the event a Bargaining Unit nurse, who is not originally hired into a grant or specially funded program takes a position in a Grant or Special Funded Program which is discontinued, the discontinuance shall be treated as a layoff of those nurses working in the program who shall have the rights as set forth in Article 20, herein.

All elected officials and officers of the District are excluded from the bargaining unit.

1.3 Management Performing Work. The Association recognizes that the District's management is not precluded nor restricted from performing any and all types of work performed by the bargaining unit members.

1.4 Duties Assigned to New Classification. Where those duties covered by the Agreement are assigned to a different or new classification, the Association will continue to be recognized as the exclusive bargaining representative.

ARTICLE 2 - ASSOCIATION MEMBERSHIP

2.1 Association Membership and Dues Deduction. All bargaining unit employees of the District are eligible to become members of the Association. Any communication about membership and the dues authorization form is the exclusive responsibility of the Association. The District agrees to deduct from the paycheck of each employee, who has so authorized, Association dues in accordance with the terms of the employee's authorization. The amount deducted shall be transmitted monthly to the Association on behalf of the employees involved. An employee may revoke authorization of dues in accordance with the authorization form and by certified letter to the Association. The Association shall notify the District of any revocations of payroll deduction. The performance of this function, dues checkoff, is recognized as a service to the Association by the District.

2.2 Indemnification. The Association agrees to indemnify, defend and save harmless the District from any and all liability resulting from any activities involving the application and interpretation of any of the provisions of Article 2 that are not otherwise subject to the grievance procedure. If an improper deduction is made, the Association shall immediately refund said deduction directly to said employee.

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2.3 Notification. The District will notify the Association office and the appropriate local unit officer of all employees hired, promoted, reinstated or reclassified into position included in the bargaining unit. The District will notify the Association Local Unit Chair of a new hired bargaining unit nurse within one week of the employee's date of hire (date of final acceptance). The Employer shall grant a newly hired nurse a period of 30 minutes of paid time to meet with a representative(s) of the Association during the nurse's first 30 days of employment (start date).

ARTICLE 3 - NONDISCRIMINATION

3.1 Equal Protection. The District and the Association agree that they will not discriminate against any employee by reason of race, color, age, sex, gender, sexual orientation, genetics, marital status, national origin, or the presence of any sensory, mental or physical handicap, unless based on a bona fide occupational qualification reasonably necessary to the normal operation of the District or the Association.

3.2 The District shall not discriminate against any employee on account of membership in the Association or other Association activities, except as provided for in the Association Security Clause of this Agreement.

3.3 No employee shall be subject to any pressure regarding support and/or financial contribution to any candidate for political office, or ballot issue against the will of the employee.

ARTICLE 4 - MANAGEMENT RIGHTS

The Association recognizes the prerogative and obligation of the District to operate and manage its affairs in all respects in accordance with its responsibilities, lawful powers and legal authority in conformity with the terms of this Agreement whenever applicable. The parties agree that in order to carry out these prerogatives and obligations, there are certain core management rights which the Employer has the right to exercise without bargaining about the decisions and their effects. Those core management rights are: control over all matters concerning the administration and operation of the District; the determination of the location, relocation or termination of any or all of District facilities, including the operations and services to be rendered; the right to formulate and administer District rules and regulations; to determine the size, qualifications and composition of the work force and to direct such work force; the right to decide and implement quality assurance standards; the right to assign work and the scheduling of work hours; the right to require performance of incidental duties and other duties not necessarily enumerated in the job description; the right to select, hire, lay off, promote, transfer and demote employees; the right to discipline, suspend and terminate employees for just cause in accordance with the provisions of this contract; the right to make and implement decisions regarding District services to be carried out in an emergency as deemed necessary by management with management being the sole determiner as to the existence of any emergency; and the right to determine the District's budget. The above will not be inconsistent with the provisions of this Agreement. Nothing in this Agreement shall be interpreted to detract or circumscribe the trust

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placed in the Administrator, Health Officer and/or Health Board officials and the rights and obligations owed thereby to the citizenry.

ARTICLE 5 - EMPLOYEE RIGHTS

5.1 Off-Duty Activities. The off-duty activities of employees shall not be cause for disciplinary action unless said activities are clearly detrimental to the employee's work perfor­mance.

5.2 Off-Duty Employment. District employees shall not secure or obtain employment during off-duty hours if said employment could result in a conflict of interest between their official duties for the District as it relates to their off-duty employment activities.

5.3 Personnel File. As provided by RCW 49.12.240, an employee or their authorized representative shall have the right, upon written request to the Human Resources Manager, to inspect his/her personnel file in the presence of the Human Resources Manager at a reasonable time during the work day. For the authorized representative to inspect the employee's personnel file, the employee must submit, to the Human Resources Manager, a signed authorization statement granting the authorized representative authority to inspect said file. No evaluation or other material referring to competence in job performance, personal conduct on the job, off-duty activities of the employee which are clearly detrimental to the employee's work performance or other documentation that may have an adverse effect on employment shall be placed in the employee's personnel file without the knowledge of the employee. The employee shall sign and date this material and/or evaluation indicating he/she has seen the material and/or evaluation. Said signature may or may not imply agreement. Employees shall have the right, subject to grievance time limitations, to challenge any material included in their personnel file through the grievance procedure as provided for in this Agreement.

5.4 Extraneous Files. The District may maintain supervisory files for the sole purpose of gathering pertinent information for annual performance evaluations. The information gathered shall be destroyed within one month after the nurse's annual performance evaluation. Each nurse shall be able to view and copy his/her supervisory file within three working days of such request.

5.5 Association Representation. Prior to any meeting regarding the discussion of possible disciplinary action affecting an employee, the employee's Supervisor and/or Administrator or designee involved shall notify the employee of his/her right to Association representation at the meeting regarding discussion of possible disciplinary action. If said employee desires Association representation, said employee shall be provided three (3) working days to arrange for Association representation. This shall not preclude District Management from immediately suspending, demoting or discharging an employee under Article 20 hereof.

5.6 Performance Standards. Any performance standards used to measure the performance of employees shall be fair, just and reasonable and uniformly applied throughout the District.

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5.7 Nothing in the Agreement shall be interpreted to detract from or circumscribe the rights which have been given employees under Chapter 41.56 RCW, except as the rights of the employees are otherwise affected by the terms of this Agreement.

ARTICLE 6 - GRIEVANCE PROCEDURES

6.1 Purpose. The parties hereto recognize the need for fairness and justice in adjudication of employee and/or District grievances and enter into this Agreement in a cooperative spirit to adjust such actions promptly and fairly at the lowest level possible. If, however, a grievance cannot be resolved through normal means, the grievance will be settled as hereinafter provided.

6.2 Grievance Defmed. A grievance is defined as a question or challenge raised by an employee, a group of employees as a class action, or the District as to the correct interpretation and/or application of this Agreement or its references.

6.3 Class Action. A class action may be initiated where action on the part of the District creates a grievance which impacts more than one nurse in the bargaining unit.

6.4 General Procedures. Throughout the procedure as set forth in this Article, a grievance may be presented by an employee, a group of employees as a class action, or the District. A class action or one brought by the District must be initiated at Step 2 of this Article.

6.4.1 Grievances may be heard at any time where practical and feasible.

6.4.2 The parties agree that the time limitations provided are essential to the prompt and orderly resolution of any grievance, and that each will abide by the time limitations, unless an extension of time is mutually agreed to in writing. The District representative and the employee or his/her representative may extend the time limits by mutual agreement.

6.4.3 Whenever the investigation of a grievance requires the inspection of certain records, the District shall make available such records to the Association representative provided a prior written request is made by the employee and signed by the employee.

6.4.4 No grievance, other than a class action or grievance initiated by the District, shall be valid unless it is submitted at Step 1 within fifteen (15) calendar days after the occurrence of the grievance or within fifteen (15) calendar days after the employee knew or reasonably should have known of the event giving rise to the grievance. If a grievance is not presented within the time limits referenced herein, said grievance shall be considered waived. If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the last written answer.

6.5 Grievance Procedure. The grievance procedure shall be as follows:

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Step 1 Nurse/Association Representative and Operations Director. The grievance shall be presented in written form to the Operations Director or Human Resources Manager within fifteen (15) calendar days of its occurrence or within fifteen (15) calendar days after the aggrieved party knew or reasonably should have known of the event giving rise to the grievance. The Operations Director (and/or designee) shall meet with the nurse and the Association representative within fifteen (15) calendar days and, within fifteen (15) calendar days after the meeting, the Operations Director shall respond in writing to the Association.

Step 2 District Administrator. If the grievance is not resolved to the satisfaction of the concerned parties at Step 1, then within fifteen (15) calendar days of the response in Step 1, above, the grievance, in written form, shall be presented to the District Administrator. Thereafter, the District Administrator, after consulting with the Health Officer, shall respond in writing to the Association within fifteen (15) calendar days after receipt of the grievance.

A grievance brought as a class action must be initiated at Step 2, in written form to the District Administrator, within fifteen (15) calendar days of its occurrence or within fifteen (15) calendar days after the employees knew or reasonably should have known of the event giving rise to the grievance. Thereafter, the District Administrator shall meet with the nurse and the Association within fifteen (15) calendar days after receipt of the grievance. Within fifteen (15) calendar days after the meeting, the District Administrator shall respond in writing to the Association.

A grievance filed by the District against the Association must be initiated at Step 2, in written form to the Association Representative, within fifteen (15) calendar days after District Management knew or reasonably should have known of the event giving rise to the grievance. Thereafter, the Association Representative shall meet with the District within fifteen (15) calendar days after receipt of the grievance. Within fifteen (15) calendar days after the meeting, the Association shall respond in writing to the District.

Step 3 Arbitration. If the grievance is not settled on the basis of the foregoing procedures, the Association or the District may submit the issue in writing to arbitration within fifteen (15) calendar days following the receipt of the written reply from the Administrator or designee. If the District and the Association fail to agree on an arbitrator, the parties shall agree to selection of an arbitrator from a list of seven (7) qualified arbitrators submitted to the parties by one of two organizations: Public Employment Relations Commission (PERC), or Federal Mediation and Conciliation Service (FMCS). If the parties agree that the matter does not require a quick resolution then the parties may request that PERC assign one of its staff members as the Arbitrator to decide the case. If the matter must be decided on a more timely basis then the parties can mutually agree to seek a list of seven (7) qualified arbitrators from FMCS. In the event that the parties cannot mutually agree, the list shall be requested from FMCS. Upon receipt of the list, the parties shall thereupon alternate in striking a name from the panel until one name remains. The person whose name remains shall be the Arbitrator. The Arbitrator's decision shall be final and binding on all parties. The Arbitrator shall

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have no authority to add to, subtract from, or otherwise change or modify the provisions of this Agreement, but shall be authorized only to interpret existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. The Arbitrator shall have no authority to award punitive damages. Each party shall bear one-half (1/2) of the fee of the Arbitrator and any other expense jointly incurred incident to the arbitra­tion hearing. All other expenses, including but not limited to legal fees, deposition costs, witness fees, and any and every other cost related to the presentation of a party's case shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other party.

Default. If either party shall fail or refuse to meet to attempt to settle such grievance with the Arbitrator at the time or times scheduled for purposes of settling the grievance, such party shall be deemed to have recognized the merits of the other's position, and the grievance will be deemed to have been settled in the favor of the non-defaulting party.

ARTICLE 7 - PERSONNEL RULES

7 .1 Policy Information. The District, through the District Administrator, has the right to and may develop and implement personnel rules and policies, except where said rules and policies are in conflict with the terms and provisions of this Agreement. All personnel rules and policies not specifically referred to in this Agreement shall be set forth in writing and each employee in the District and the Association will be provided with a copy of said rules and policies. If there is a conflict between said personnel rules and policies and the specific Article(s) or Section(s) of this Agreement, then the specific Article(s) or Section(s) of this Agreement shall prevail.

ARTICLE 8 - CONTRACTING OUT

8.1 General Guidelines. The District will make every effort to utilize its employees to perform all work, but the District reserves the right to contract out for work under the following guidelines: (1) required expertise is not available within the District work force, or (2) the contract will result in a clear cost savings to the district, or (3) the occurrence of peak work loads above the work force capacity.

8.2 Notification of Association. Determination as to (1), (2), or (3) above shall be made by the Administrator. Prior to contracting out under this provision, the District shall notify the Association of the date the District intends to contract out. The timing of said notice shall depend on the nature of the contracting out circumstances and only such notice as the Administrator determines is reasonably and practicably available shall be given. The Association may suggest alternatives or make other comments to the District. The Administrator shall make available to Association upon request: (1) description of the services to be so performed, and (2) the factual basis supporting the reason for such action.

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ARTICLE 9 - COMPENSATION AND RATES OF PAY

9.1 Salary Increases. Effective January 1, 2020, the rates of pay shall be increased by a two and one quarter percent (2.25%) Cost-of-Living Allowance (COLA) across the board. Only active employees at the time of contract ratification and signature of this agreement by the last signing party will be eligible for negotiated retro-active pay.

Effective January 1, 2021, the rates of pay shall be increased by a two percent (2%) COLA across the board.

9.2 Longevity Pay. Effective January 1, 2020, the longevity plan will be as follows: at 10 years-$80.00 per month; at 15 years-$140.00 per month and at 20 years-$200.00 per month. Only active employees at the time of contract ratification and signature of this agreement by the last signing party will be eligible for negotiated retro-active longevity pay.

9.3 Salary Schedule. Salaries shall be described in the Appendix of this Agreement and by this reference is made a part hereof. During the life of this Agreement, the salary schedule shall not be changed without the prior agreement of the parties signatory to this Agreement.

9.4 Recognition for Past Experience. Placement in the salary ranges shall be one step for every two years of nursing experience, up to a maximum of Step C. Public Health experience shall be preferred, but the Administrator may accept general nursing experience. This provision is applicable only to new hires as of the date of signature of this Collective Bargaining Agreement without regard to the effective date of the Agreement per Article 27.

ARTICLE 10 - HOURS OF WORK

10.1 Work Day/Work Week. The basic work week shall be forty (40) hours, Monday through Saturday. The basic work day shall be an eight (8) hour period between 7:00 a.m. and 9:00 p.m., as established by the Administrator for each employee. An employee shall not be required to work more than five (5) days within one workweek and the schedule shall include two consecutive days off. The District shall not schedule split shifts, (i.e. four hours on, four hours off and four hours on), except in emergencies. District management may change an employee's schedule however, at least one week's notice of change of working schedule shall be given to the employee, except to fill a position due to absence of the employee filling said position (i.e., illness or vacation). Nothing in this section is to be construed as preventing the Administrator from temporarily changing work schedules during an emergency or other urgent public health situation.

10.1.1 Flextime. Nurses may adjust their day-to-day schedules to maintain a basic 40 hour work week. "Flexing a schedule" means upon mutual agreement between the employee and the Administrator or designee that on a day-to-day basis the employee may request or agree to a revision in the schedule of work hours, working more hours than scheduled on one day and less on another day during the same month and/or pay period, as long as this is compliant with the FLSA and State Wage and Hour laws. Flexing a

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schedule beyond the current month and/or pay period is allowed only with the approval of the Administrator or designee.

10.1.2 Alternative Work Schedules. Employees may make requests for alternative work week schedules, such as 4/1 O's and 9/8-off. Requests must be made in writing by the employee to the Administrator. Reasonable requests for alternative work schedules may be granted. Denials shall be made in writing and include the reasons for denial. Either the employee or the district may discontinue an alternative work schedule by giving at least thirty days written notice. The notice period may be waived by mutual agreement.

10.1.3 Special Circumstances. Special programs or unusual circumstances (i.e., fairs, festivals and clinics), may necessitate unusual work schedules subject to approval by the Administrator or Designee. Nurses are encouraged to use flextime after the conclusion of the special event or unusual circumstances to make up for hours worked in excess of the basic work week. Under these circumstances, work performed on Sunday shall be compensated at one and one-half (1.5) times the normal hourly rate in accordance with Article 10.2, if the nurse has worked more than forty (40) hours in the work week.

10.2 Extra Time. These employees shall be exempted from overtime pay as professionals. However, the Association and the District agree that extra time off shall be earned at the rate of one and one-half (1.5) times the hours worked in excess of forty (40) hours in a work week. Extra time must be taken within sixty (60) calendar days of its being earned by the employee.

10.3 Rest/Meal Breaks. One (1) hour will be provided in the middle of the day for lunch. This shall not- prohibit the District from scheduling staggered lunch periods to provide coverage during lunch periods. One (1) fifteen (15) minute rest break will be provided during each four ( 4) hour work period.

10.4 Meal Reimbursement. An employee who is specifically directed by the Administrator or designee to work more than two (2) hours beyond his/her regular work day, and who actually purchases a meal away from his/her residence as a result of such additional hours worked, shall be reimbursed for the reasonable cost of such meal in accordance with the District's travel policy. To receive reimbursement, the employee must furnish the receipt for said meal to the Administrator or designee. This provision shall not apply to workshops or professional conferences.

10.5 For the purpose of computing comp-time, authorize time off in pay status shall be construed as time worked (i.e., annual leave, sick leave, bereavement leave, civil leave, etc.).

10.6 Emergency Call-Back. Whenever an employee is called back to work after completion of his/her regular work day, he/she shall be compensated according to the following scale:

(a) Up to one hour worked. One hour comp-time at one and one-half (1.5) times the regular hourly rate.

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(b) Up to one and one-half. Two hours comp-time at one and (1.5) hours worked. One and one-half (1.5) times the regular hourly rate.

(c) Up to two (2) hours. Two and one-half (2.5) hours worked. Comp-time at one and one-half (1.5) times the regular hourly rate.

(d) Etc.

Emergency call-back time shall include the reasonable commuting time to and from the employee's residence. Emergency call-back provisions shall not be granted without prior approval for said emergency call-back by the employee's Administrator or designee.

10.7 Health District Board Meeting Attendance. It is in the interest of the public that is served by the nurses employed by the Health District to have regular and direct input to the Board during its regular meetings. In the event that the Health District continues to conduct its meetings during the nurses' regular working hours, the Health District shall compensate one (1) bargaining unit nurse at his/her regular rate of pay for all time spent attending board meetings.

ARTICLE 11 - VACATIONS

11.1 Vacation Accrual. Full-time employees shall be entitled to and shall be credited at the end of each calendar month of employment with the following amounts of vacation:

0-1 1-2 2-4 4-7 7 - 10 10 - 13 13 - 16 16 - 19 19 -22 22-25 25 plus

Hours Per Month

8 9 10 11 12 13 14 15 16 18 20

11.2 Part-Time Vacation Accrual. Regular part-time employees are entitled to the same rate of vacation eligibility based on past years of employment as are full-time employees. However, their monthly accumulation of vacation credit will be in the same proportion as the number of hours they work each month divided by 174.

11.3 Payment, carry-over or reinstatement of vacation credit earned during periods of employment of less than six ( 6) months in duration shall not be granted.

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11.4 Vacation Use. An employee may take his/her vacation time off at any time subsequent to his/her completion of the six ( 6) months probationary period. Vacations in excess of five ( 5) days must be scheduled at least two (2) weeks in advance of the requested time off and are subject to approval by the Administrator or designee. Vacation leaves less than five (5) days should normally be requested at least three (3) days in advance. Use of accumulated vacation time may include partial days off in units of not less than one-half(½) hour. Employees may not use earned vacation until they have completed the six (6) months probationary period.

11.5 Vacation Accumulation. An employee may, at his/her option, accumulate a maximum of 300 hours of vacation credit. Unused vacation credit will not be credited beyond 300 hours, unless the employee's vacation is deferred at the request of the Administrator or designee and then only if the employee has filed and received approval of a request for deferral of vacation for a maximum of forty-five (45) calendar days beyond the date on which the employee has reached 300 hour vacation credit.

11.6 Vacation Pay Upon Termination. An employee who is terminated at the option of the District or who voluntarily resigns or retires from his/her position and has given twenty-one (21) calendar days advance written notice of resignation or retirement shall be paid his/her straight­time rate for all credited hours of unused vacation time upon termination or retirement. An employee who voluntarily resigns or retires and who fails to give such notice twenty-one (21) days in advance of termination or retirement will receive pay for his/her unused vacation credit at his/her regular straight time hourly equivalent of the difference between the actual hours worked after notice and the hours he/she would have worked had he/she given twenty-one (21) calendar days advance notice and continued his/her regular work schedule. At its option, the District may release a terminating employee prior to expiration of the employee's 21-day notice upon the employee's request, in which case no reduction in the employee's vacation payoff would be made. An employee whose services are terminated before six (6) months of continuous employment is not eligible for payment of any accumulated vacation credit. Upon the death of an employee, his/her beneficiary shall be paid for unused annual leave at the rate being paid the employee at the time of death.

11.7 Vacation Day Falls on a Holiday. If a holiday recognized under this Agreement falls on a normal working day during which the employee is on vacation the holiday shall not be counted against the employee's vacation account.

11.8 Employment which begins on or before the fifteenth (15th) day of any month will be credited with one (1) day of vacation; employment which begins after the fifteenth (15th) day of any month will be credited with one-half day of vacation.

11.9 The District shall inform each employee of his/her accrued vacation on or before May 15th of each year.

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ARTICLE 12 - HOLIDAYS

12.1 Paid Holidays. The District and the Association agree that the following are holidays with pay:

New Year's Day Washington's Birthday Martin Luther King, Jr.'s B.D. Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day Immediately Following Thanksgiving Christmas Day

One (1) District-Wide Holiday the day before or the day after Christmas Day

One (1) Floating Holiday

January 1st 3rd Monday in February 3rd Monday in January Last Monday in May July 4th 1st Monday in September November 11th 4th Thursday in November

December 25th

12.2 Floating Holidays. Each employee shall be entitled to one (1) floating holiday after six (6) months of employment. In order for the employee to use said floating holiday, he/she must provide the District with sufficient prior written notice so that the District can properly plan for continuity of service. Management will decide the sufficiency of notice in its own discretion. Employees must take the one (1) floating holiday within the year in which it was earned or lose it.

12.3 Weekend Holidays. If a holiday falls on a Saturday, it shall be observed on the preceding Friday. If a holiday falls on a Sunday, it shall be observed on the following Monday.

12.4 Work On Holiday. All work performed on a holiday shall be compensated at two and one-half (2.5) times the employee's regular hourly rate.

12.5 Should the Administrator determine that work on a holiday is necessitated, the Administrator may assign employees to perform said work. Work performed on holidays shall be on a voluntary basis within a classification, first, or if there are no volunteers, assigned to the least senior employee within a classification, second.

12.6 For an employee to receive holiday pay, the employee must be in pay status on the work day before and the work day after a holiday.

12.7 An irregular part-time or temporary employee shall not be entitled to a floating holiday or to other paid holidays.

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ARTICLE 13 - SICK LEA VE

13.1 Accrual Rate. Each employee having a regular schedule of daily work shall be credited at the end of each calendar month with eight (8) hours of sick leave eligibility representing the same number of hours as his regular day of work. An employee may accumulate a maximum of 600 hours.

Part-time employees on regular, but not daily, work schedules will be credited with eight (8) hours sick leave for each 174 hours of work in any calendar month; those working fewer hours will receive proportionately less sick leave.

13.1.1 Paid Sick Leave Law. Temporary or part-time employees working less than 20 hours per week shall be entitled to accrue paid sick leave pursuant to RCW 49.46.210 and WAC 296.128.

13.2 Use of Sick Leave. Sick leave with pay shall be allowed an employee who is unable to work due to illness or injury or when necessary for medical or dental examination or treatment of the employees or for illness in the family. For purposes of this Article, "immediate family" shall be interpreted to mean persons related to an employee by blood, marriage or legal adoption (spouse, state registered domestic partnership, children, parents, siblings and grandparents, but shall exclude aunts, uncles and cousins). Those family terms shall be as defined by RCW 49.12.270. State registered domestic partnership criteria as set forth in RCW 26.06.030. Sick leave may be used as it is accrued. Sick leave may be used to assist with the illness care or birth of a grandchild subject to prior approval by the Employer based on the circumstances and the workload, on a case by case basis.

13.3 Notice of Illness. An employee on sick leave must report daily, early in the day, to his/her supervisor or Administrator or designee, or to the Human Resources Manager if the supervisor and designee are unavailable. It is understood that when an employee is hospitalized or on an extended sick leave, daily reporting will not be required.

13.4 Cash-Out. An employee with a year or more of service will receive pay for twenty-five percent (25%) of accumulated sick leave based upon the rate of pay at the time of termination. Employees terminated for cause shall not receive any pay for accumulated sick leave.

13.5 Pay Out Upon Death. Upon an employee's death, the employee's beneficiary will receive payment for all accumulated sick leave based upon the employee's rate of pay at the time of death.

13.6 Accrual When On Leave. Sick leave shall continue to accrue during paid leaves of absence.

13. 7 Injury Or Illness During Vacation. If an employee is injured or taken ill while on paid vacation or compensatory time off, he/she shall notify the Administrator or designee on the first day of such disability, either by telephone or telegraph or by letter postmarked the first day of the disability. If it is physically impossible to give the required notice on the first day, notice shall

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be sent as soon as possible. In that case, the notice shall be accompanied by a showing of acceptable reason for the delay.

In order for the employee to be compensated under his/her sick leave account for illness or disability suffered while on vacation or compensatory time off, a doctor's statement or other acceptable proof of illness or disability must be presented to the Administrator or designee upon the employee's return to work.

13.8 Injury On The Job. Whenever an employee is injured on the job and his/her condition demands immediate medical treatment, the employee will be compensated in full for the remaining part of the day of injury without effect to his/her sick leave or vacation account, subject to approval by the Administrator or designee.

13.9 Leave Without Pay. Subject to the District Administrator's approval and the provisions of Article 15, leave without pay may be granted after annual leave and sick leave has been exhausted. Except as required by applicable state or federal laws (e.g., FMLA), the District shall not pay the employee's insurance premium during this leave without pay nor shall the employee accrue seniority, longevity or other benefits during this leave.

13.10 Donation of Leave Hours. The parties agree that an employee may donate annual leave hours to another employee who is suffering from a serious illness or serious injury, both as determined by the Administrator. An employee may donate eight (8) hours of sick leave per year to another employee on an hour for hour basis not based on pay.

13.11 Discipline for Abuse. The parties recognize that sick leave may be used as specified in Section 13.2 of this Agreement. The parties also recognize that sick leave is to be used for genuine sickness and is not accrued leave as is vacation leave. The parties further agree that the use of sick leave as "wellness" time is not acceptable under any circumstances inclusive of single infractions resulting in paid time due to absenteeism. Improper use of sick leave constitutes just cause for disciplinary action.

13.12 Documentation. The District has the right to request a nurse to provide documentation from the nurse's health care provider establishing the need/basis for absence from work due to a medical condition of the nurse or the nurse's minor child or for other reasons set forth in Section 13.2 of this Agreement. If the nurse has received treatment from a health care provider, the nurse shall provide said documentation if requested by the District. Such documentation from the nurse's health care provider shall reflect sufficient information to allow the District to determine whether the absence was justified, but said documentation need not reveal the specific diagnosis. The District's right to request such documentation for sick leave requested is subject to the following conditions:

a. The District has a reasonable suspicion that the nurse has misused sick leave; or

b. The District has identified a suspicious pattern of sick leave usage ( e.g., repeated absences in conjunction with weekends and/or holidays); or

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c. A nurse has had more than five (5) sick leave occurrences in a rolling six-month period. A single occurrence shall be construed to mean consecutive days off for the same illness, or in the case of care for immediate family members, the number of days involved in each illness episode, during which the nurse would otherwise have been scheduled to work, except if the provisions of subparagraph a. orb. above are applicable.

13.13 Future Documentation. If in response to a request under Section 13.13, the nurse is unable to immediately provide satisfactory documentation of the use of sick leave consistent with the provisions of Section 13.2, the District may require the nurse to seek such documentation from the nurse's health care provider as soon as reasonably possible in order to establish the validity of the request for sick leave and the absence from work due to a medical condition of the nurse or the nurse's minor child or for other reasons set forth in Section 13.2 of this Agreement. If the nurse is still unable to provide such documentation within a reasonable period of time, the matter will be reviewed further with the nurse. In any event, the District shall have the right to mandate that the nurse provide satisfactory documentation with respect to any future sick leave requests for a reasonable period of time inclusive ofup to one (1) year and the nurse will be notified of such requirement and will comply with such requirement. Non­compliance will result in disciplinary action. The satisfactory documentation need not reveal the specific diagnosis but must include sufficient information to allow the District to make a reasonable assessment of the validity of a sick leave request.

13.14 Falsifying Documentation. It is recognized that, at any time, a nurse may be subject to progressive discipline for failing to notify the District of a pending absence, for falsifying sick leave documentation or for use of sick leave for reasons other than those set forth in Section 13 .2 of this Agreement.

13.15 Discipline for Absenteeism. Nothing in this Article shall be construed to alter the District's right to discipline nurses for failing to properly notify the District of anticipated absences or for excessive absenteeism in excess of the nurse's accrued sick leave, except where Section 13.12 may be applicable, subject to the just cause provisions of this Agreement. Productivity and efficiency of service is essential to the continued viability of the Health District.

ARTICLE 14 - BEREAVEMENT LEA VE

14.1 Up to three (3) days off with pay not chargeable to the employee's sick leave account may be allowed an employee if said employee suffers a death in his/her immediate family.

14.2 Upon prior approval of the Administrator or designee, up to five (5) additional days may be used from the sick leave account of the employee.

14.3 Upon prior approval of the Administrator or designee, sick leave may be used in order to attend the funeral in the case of a death outside the employee's immediate family.

14.4 Except as limited above, any time off for bereavement leave purposes needs prior approval by the Administrator or designee prior to the use of such time.

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14.5 For purposes of this Article, "immediate family" shall be interpreted to mean persons related to an employee by blood, marriage or legal adoption (spouse, state registered domestic partnership, children, parents, siblings and grandparents, but shall exclude aunts, uncles and cousins), and any person living in the employee's household for whose financial or physical care the employee is principally responsible. State registered domestic partnership criteria as set forth in RCW 26.60.030.

ARTICLE 15 - LEA VE OF ABSENCE

15.1 Civil Leave. Civil Leave with pay shall be allowed to permit an employee to serve as a juror or to testify in any federal, state, municipal court or other civil proceeding when a subpoena compels such testimony. An employee must notify the Administrator or designee, show proof of compulsion, and make necessary arrangements prior to taking civil leave. When an employee receives any payment fee for service as a juror or witness, the amount of payment received by said employee shall be deducted from his/her check by the District, exclusive of mileage and meals. Any employee who would otherwise be prevented from voting in a primary, general or special election due to extended hours of work shall be allowed sufficient time off with pay for voting purposes.

15.2 Military Leave. Military Leave shall be granted in accordance with Chapter 236, Session Laws of 1957 (38.40 RCW), a maximum of fifteen (15) working days each year.

15.3 Other Leaves Of Absence. Any employee may take leave of absence without pay provided the District grants prior written approval of such leave. No leave of absence without pay shall be permitted unless the employee has first expended all accumulated annual leave, sick leave, compensatory time, and any other paid time.

15.4 Return From Leave Of Absence. At the expiration of authorized leave of absence of not more than three (3) months, a member of the bargaining unit shall resume his/her same class of work. At the expiration of authorized leave of absence in excess of three (3) months, an employee shall only be entitled, upon approval of the Administrator, to his/her former position or a similar position in the same or lower class if such position is available.

Seniority, status or pay step, except for pay increments to the salary schedule, shall be frozen at the commencement of the leave of absence and shall not continue to accrue until and if the employee returns from said leave. Unless otherwise provided by law, an employee, during leave without pay, may continue medical, dental, vision and life insurance benefits provided such employee makes satisfactory arrangements for payment of premiums.

This section shall not affect return rights granted under Section 15.3 maternity leave, hereof.

15.5 Educational Leave. At the discretion of the Administrator, leaves with or without pay may be granted for attending professional meetings, conventions, symposia, workshops, college short courses, etc. Regular full-time and part-time nurses shall be provided two hundred dollars

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($200) per year for purposes of tuition payments, licensure renewals, or attending educational meetings approved by the Employer, such as workshops, seminars, and educational programs, provided the number of nurses wishing to attend does not jeopardize the District service. The term "educational meetings" is defined as those conducted to develop the skills and qualifications of the nurse for the purpose of enhancing and upgrading the quality of patient care at Benton Franklin Health District. The nurse may submit a written request (using the Employer supplied form) indicating a desire to carry over the two hundred dollars ($200) in current year at least ninety (90) days prior to December 31 of the first year. If such a request is submitted, the nurse shall have four hundred dollars ($400) to use in the next year for purposes of workshops, seminars, and educational programs subject to the above provisions inclusive of transportation costs, lodging and meals. Said nurse shall comply with all the District's travel policies. The nurse shall submit to the Employer written proof of attendance by way of receipt( s) for expenses and certificate(s) of satisfactory completion. This carryover opportunity shall not exceed a total of two (2) years' accumulation ($400). If the nurse does not use any or all of the four hundred dollars ($400) in the second year the funds shall be forfeited.

15.6 Use of Leave Due to Inclement Weather. Employees may use up to two (2) days leave (annual leave or comp-time at the employee's discretion) when they are unable to report for scheduled work because of inclement weather. The employee must seek prior approval from District management before using these days, except in extreme circumstances (i.e., Mt. St. Helens).

15.7 Family and Medical Leave. Employees shall be entitled to family medical leave as provided under the Federal Family Medical Leave Act (FMLA), the Washington State Family Leave Act or other applicable laws. Employees are required to exhaust all accrued paid leave (vacation leave, sick leave, compensatory time and any other accumulated paid leave time) before becoming eligible for unpaid leave. In no event shall an employee be entitled to combined leave for all FMLA purposes of more than twelve (12) weeks. However, on an exception basis, the Administrator may grant up to an additional twelve (12) weeks of unpaid leave beyond the FMLA limits for FMLA qualifying conditions ( e.g. pre-and/or post-maternal conditions). When possible or foreseeable, requests for Family or Medical Leave shall be submitted in writing to the Employer at least thirty (30) days prior to the date the leave is expected to commence and such written request shall contain an estimated date of return. FMLA leave is intended to conform to changes in the law inclusive of limited eligibility depending on circumstances affecting the Employer, of the use of such leave for the care of parents-in-law and grand-parents.

Eligible employees (as defined under Federal law) on Family or Medical Leave shall have their health insurance benefits continued by the Health District for the term of the leave at the same levels as if the nurse were not on Family or Medical Leave. Additionally, under certain circumstances outlined by Federal Law, a nurse may be entitled to take leave on an intermittent basis.

15.8 Paid Family and Medical Leave. Chapter 50A RCW provides that Washington will have paid family leave available to employees beginning January 1, 2020. Paid Family and Medical Leave is a mandatory statewide insurance program.

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Employees are required to pay their portion of the premium for Paid Family and Medical Leave by payroll deduction. Paid Family and Medical Leave premiums shall be paid by the employee and the employer in accordance with the current RCW provisions in terms of percentages of contributions. The Employer's share is approximately thirty seven percent (37%) of the premium and the Employee's share is approximately sixty three percent (63%) of the premium.

15.9 Domestic Violence, Sexual Assault, and Stalking Leave. Domestic Violence, Sexual Assault, and Stalking Leave shall be granted subject to the provisions ofRCW 49.76.

15.10 Leaves to Run Concurrently. When an employee covered by this Agreement is eligible for two or more leaves at the same time, the leaves shall run concurrently.

ARTICLE 16 - INSURANCE BENEFITS

16.1 Medical. Effective January 1, 2020 until December 31, 2021, the District agrees to pay up to its contribution level and the employee agrees to pay their contribution level towards the premium for medical, dental, vision and life insurance programs made available by the District for employees (prorated for part-time employees) according to the table listed in Appendix B of this agreement.

16.1.1 Sharing Premium Cost. The Employer and employee(s) agree to share premium costs on an 85/15 (employer/employee) basis for employee only coverage and an 80/20 (employer/employee) basis for employee and spouse/partner coverage, employee and children coverage and full family coverage.

Effective January 1, 2020, the parties agree to share equally the increases in insurance premiums. Effective January 1, 2020 until December 31, 2021, the parties agree to share equally the increase in insurance premiums. The revised contributions shall be calculated by the District's Human Resources Manager.

The parties agree that employees may incur a spouse surcharge and/or tobacco use surcharge in accordance with Public Employees Benefits Board (PEBB) rules and regulations.

16.1.2 Payroll Deduction. Nurses' share of increases will be carried out by payroll deduction. If premiums decrease, the District's obligation is limited to the premium rate.

16.1.3 Changes in Coverage. If the applicable insurance companies or brokers notify the District of changes in benefit levels or coverage, then the District shall request negotiations regarding benefit and coverage changes and the Association shall agree to negotiate with the District concerning proposed benefit modifications.

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16.2 Professional Liability Insurance. The District agrees to maintain professional liability insurance to cover District employees while they are performing their duties. The amount of coverage shall be as determined by the Administrator and the Health Board.

16.3 The District shall provide copies (electronic copies shall suffice) of health, medical and life insurance benefit brochures, including a summary of professional liability coverage amount, to all employees of the District.

16.4 The District shall make a monthly deposit into the MSANEBA equal to one percent (1 %) of the employee's regular monthly salary.

16.4.1 Other Contributions to VEBA. Eligible employees who elect to waive coverage in any medical plan offered by the District must comply with PEBB guidelines and complete a PEBB employee Enrollment/Change form to effectively waive medical coverage. For the calendar year 2016 and 2017, for those employees who waive medical coverage offered by the District, the Employer will provide a $50.00 per month contribution for each month the employee waives medical coverage to be deposited to the VEBA plan.

16.5 The District will provide an Employee Assistance Program when administratively possible and reserves the right to change such program, from time to time, and further reserves the right to terminate such program if budget constraints necessitate.

16.6 Retirement System. All eligible employees shall be covered by the Public Employees Retirement System (PERS).

ARTICLE 17 - GENERAL CONDITIONS

17.1 Protective Clothing and Equipment. The District may provide employees with protective clothing or uniforms. In the event the District chooses to provide employees with protective clothing or uniforms, said employees agree that they shall wear said protective clothing or uniforms as a condition of employment with the District.

17 .2 Mileage Reimbursement. The District agrees to provide transportation or to reimburse employees for the use of their own automobiles on District business. Any increases in mileage compensation will be administered and processed in compliance with the OFM applicable rate.

17.2.1 Travel Expenses. Reimbursement for travel related to official business shall be in accordance with the District's travel policy. The District shall reimburse the employee on a per diem basis for necessary expenses in travel if said expenses are related to official business. Arrangements for such reimbursement must be made and approved by the Administrator or designee prior to such expenses being incurred.

17.3 Safety Committee. There shall be formed a safety committee to meet and discuss issues of safety and well-being and make recommendations on such issues. Said committee shall be formed in compliance with the Washington Administrative Code (WAC) Chapter 296-24. The

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committee shall meet on a quarterly basis each year; however, the committee may meet more often to discuss safety problems that require more immediate attention.

17.4 Travel Outside of Normal Place of Work. Whenever an employee covered by this Agreement is temporarily assigned by the Administrator or designee to work (i.e., perform his/her regular duties) at a location greater than 20 miles from his/her normal place of employment, any time less meal time, consumed in travel to and from the new location, shall be considered part of the work day. Employees' schedules should be adjusted to allow for travel during normal work hours whenever possible, however, should it be necessary for an employee to travel outside the employee's regular working hours, said time shall be compensated at the applicable overtime rate upon prior approval of the Administrator or designee. Unauthorized overtime will be compensated. Unauthorized overtime shall be investigated by the manager and if found to be unjustified, may result in implementation of the disciplinary process. This Section does not apply to travel to attend workshops or professional conferences.

17.5 Access to Trained Interpreters. The ATT Language line shall be made available during working hours to applicable bargaining unit nurses as determined by the nurses' supervisors. Use of such language line is subject to prior approval by the nurse's supervisor. The parties agree to form a work group of two management and two WSNA members ( one of which needs to be a supervisor) to review the current process and make recommendations to the Administrator. This work group will exist for up to three months and will meet as mutually agreed. The work group is limited to making recommendations only and the Administrator shall make the final decision.

17.6 Vehicles for Work. The Employer has limited resources and therefore will only have a limited number of fleet vehicles available for all employees in the entire organization. The primary emphasis for employee transportation related to work shall be usage of personal vehicles for which employees will be reimbursed for mileage at the OFM rate.

To the extent the Employer makes limited District vehicles available for work purposes, the Employer and the WSNA agree that reliable vehicles are necessary and important. The Employer will make reasonable efforts to maintain such vehicles on a consistent basis. The District will make available for inspection by the bargaining unit vehicle maintenance records. In addition, the District shall begin noting any problems or issues with the vehicles and the resolutions to those problems.

ARTICLE 18 - CLASSIFICATION

18.1 Job Classifications. Individual positions or sets of duties performed by a given employee shall be allocated to a job classification. Job classifications are written statements as to the definition, typical duties and minimum qualifications for positions sharing common characteristics.

18.2 Incidental Duties. Employees shall not normally be assigned duties foreign to their job classification and specifications; however, employees may be assigned to perform duties which

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are incidental to their classification. Incidental duties shall mean only those duties which are related to the employee's job classification and specification.

18.3 Training Classification. Working a higher classification for training purposes shall not be in violation of Section 2, above, provided such training shall not exceed three (3) calendar months duration. During such training, employees shall not be paid above their regular rate of pay. An employee shall be worked in training status only one time for each job classification. The Administrator or designee shall officially note the start of such training period.

18.4 Temporary Assignment to Higher Classification. When an employee is temporarily assigned by the Administrator or designee to perform duties at a higher classification, he/she shall be compensated at the rate in effect for higher classification. This provision does not apply to employees in training as provided for in Section 3, above.

18.5 Temporary Assignment to Lower Classification. An employee may be temporarily assigned the duties of a lower classification without suffering a reduction in pay.

18.6 Minor Changes in Classification. Classifications assigned hereto shall be in effect at the time of signing of this Agreement unless District Management determines it is necessary to change a classification and such change does not substantially alter the duties, responsibilities, definition and minimum qualifications previously indicated in prior job classifications.

18.7 Substantive Changes in Classification. The District agrees to consult with the Associa­tion before it makes any substantial changes in the class specification covered in the classifications listed in the attached appendix, provided however, the District agrees it will not make any substantial changes in said class specifications that would result in the elimination of jurisdiction of the Association (i.e., changing a bargaining unit position to an exempt position, etc.).

18.8 New Classifications. Where the District wishes to create a new classification, the following procedure shall apply:

(a) The District shall set forth in writing its proposal and salary assigned, and forward same to the Association by certified mail or email with return receipt received by the District.

(b) The Association may review the proposed classification and the salary range for twenty (20) business days following receipt thereof. During this period, the Association shall notify the District as to agreement or non-agreement on the proposed classification and salary range and may request a meeting to negotiate the terms. If agreement is reached, it will remain in effect unless changed in negotiations for a new collective bargaining agreement.

( c) If no agreement is reached, the District shall make the final decision following a meeting with the Association.

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18.9 Effect of Classification Reviews. The parties agree that classification reviews shall not result in any salary downgrade for existing employees. In cases of position downgrade, salaries shall be "Y-rated" and remain in effect until changes in the salary range structure warrant an increase.

An employee who continues in a position which is reallocated downward shall be paid an amount equal to his/her previous salary. Employees whose current salary falls between two steps or exceeds the top step of the new position shall be Y-rated.

The Y-rated employee shall retain his/her existing periodic increment date provided the salary is not equal or greater than the maximum of the lower sub-range. Employees whose salaries are Y­rated between steps will move to the first dollar amount step for the class in the lower sub-range on their periodic increment date.

ARTICLE 19 - HIRING, PROMOTIONS & TRANSFERS

19.1 Procedure for Filing Vacancies. Whenever it is necessary to fill position vacancies, the following procedure shall be used:

(a) A description of the vacancy shall be posted for four (4) working days or longer as determined to be necessary and reasonable by District management prior to the intended filling date of the position. It shall be posted in a place conspicuous to employees in the bargaining unit.

(b) Such description shall have additional information describing the job and the desired qualifications for it for the information of the applicants.

( c) Employee applications shall follow procedures established by the District management.

( d) A current employee shall respond to the Human Resources Department in writing expressing their interest in any job posting. The Human Resources Manager may request further job relevant information such as qualifications or experience. The employee may provide additional relevant information to Human Resources as well.

( e) An employee who is on vacation or authorized leave of absence during the posting period shall be permitted to make application within two (2) days after return to work; however, said application need not be accepted by the District if it is received more than fifteen 15 calendar days after the vacancy is first posted, inclusive of the four ( 4) day posting period.

(f) Preference for filling vacancies and new positions created during the term of this Agreement may be given permanent employees having the necessary minimum qualifications as defined in the job specifications, except as restricted by the Layoff Article of this Agreement. District management shall determine which applicant is

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to be selected to fill vacancies or new positions. District management shall take into consideration experience, job knowledge, past performance and seniority; however, where experience, job knowledge and past performance are relatively equal as determined by District management, the seniority will apply.

(g) In the event of a public health emergency, the Employer may temporarily suspend the above hiring procedure. The Employer will provide the employees with twelve (12) hours notice if possible.

New employees or existing employees who are selected to fill vacancies or new positions must fulfill a six (6) month probationary period. The probationary period may be extended for up to three (3) months. The Employer shall give ten (10) working days written notice, including a Letter of Expectation, to the nurse and five (5) working days notice to WSNA. The Letter of Expectation shall provide a written action plan. If the Employer deems it necessary, training/education and access to such training/education will be provided by the Employer. During the entire probationary period, a new employee may be terminated without a reason. Existing employees may be returned to their former position if they do not perform satisfactorily.

Upon successful completion of the probationary status, the employee shall be given permanent status in that position.

19.2 Basis of Promotions. Promotions will be based on experience, job knowledge, past performance and seniority. District management shall determine which employee shall be promoted. District management shall take into consideration experience, job knowledge, past performance and seniority; however, when experience, job knowledge, and past performance are relatively equal as determined by District management, then seniority will apply.

19.3 Promotion Salary Adjustments. Promotion is an employee's reassignment under the provisions of this Agreement to a position having a higher salary range. On his/her date of promotion, an employee is entitled to the higher of:

(a) The first step of the range for his/her new job class.

(b) Advancement to the step of the range for the new class which most closely approximates 5% more than his/her previous salary, except in cases of an employee advancing to Step I on the salary scale, in which case the salary shall be 2.5% above the nurse's previous salary.

On the first of the month nearest six (6) months following his/her date of promotion, the employee progresses again to the salary step closest to 5% above the step which was gained on the date of promotion, except in cases where the nurse is advancing to Step I on the salary scale, in which case the nurse will progress to the salary step closest to 2.5% above the step gained on the date of promotion, provided that he/she may not progress beyond the top step of the range for his/her class. This second progression date becomes his/her "step-increase date." Subsequent

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step increases within the range are at annual intervals and each step shall be to the step closest to 5% above the previous step, except in cases where the nurse is advancing to Step I on the salary scale, in which case the nurse will progress to the salary step closest to 2.5% above the nurse's step, and which does not exceed the top of the range.

The first six ( 6) months after promotion are probationary during which time the employee may be returned to their former position.

This provision shall not apply to work performed during the six (6) month training period as provided for in section 18.3 hereof.

If an employee would otherwise have received a step increase on the same day as a promotion, demotion, reclassification upward or downward, or a range adjustment, the step increase will be considered to have occurred before any of the other actions.

19.4 Permanent Transfers. It is recognized that it is the prerogative of the District Administrator and/or Health Officer to determine the classification or particular qualifications of employees needed at any work site. Permanent transfers of employees to a new or different permanent work site beyond a 20-mile radius of their present permanent work site (i.e., Richland to Prosser), shall be by mutual consent; provided, however, if no qualified volunteer comes forward, then the least senior employee with the necessary qualifications of the position to be filled shall be so assigned.

ARTICLE 20 - LAYOFF AND RECALL

20.1 Determination of Need For Layoff. The Health Board and/or the Administrator shall be the sole determiner of when layoffs are necessary. The District may only lay off employees when such action is made necessary by reason of lack of work, lack of funds or a good faith reorganization.

20.2 Notice. The District shall give fifteen (15) calendar days written notice via certified letter or delivered in person to designated employees, during which time the employee and the Association may suggest alternatives to the action.

20.3 Procedure When A Position Is Abolished. An employee whose position is abolished may:

1. Transfer to a vacant position, if one exists, in the same classification.

2. Bump into the position held by the employee with the least seniority in the same classification;

3. Bump into the position of the employee with the least seniority within their reduction in force unit for which they meet minimum qualifications. The classifications in the RIP unit consist of: Nurse Practitioner, Public Health Nurse and Registered Nurse;

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4. The "bumped" employee has the same rights to bumping as outlined above;

If Management makes a good faith determination that an employee lacks the ability and/or attitude and professionalism to effectively and efficiently perform the work as documented in performance evaluations and/or performance improvement plans, given a layoff situation based on a disciplinary record of a serious offense and/or serious offenses that result in suspension without pay or demotion, the Employer has the discretion to deny the employee's bumping rights.

The bumping employee will move to the salary step in the classification to which they bumped at salary level closest to their current salary.

20.4 Recall. No new employee shall be hired by the District until all available employees placed on layoff have been offered reemployment. Laid off employees may be eligible for reemployment to open positions as long as they keep the employer informed of their current address. This applies for a period of one (1) year from the date of layoff. Any offer of eligibility for re-employment will be in writing and sent by certified mail to the employee or email with return receipt received by the District.

An employee so notified must indicate their acceptance of said re-employment within ten (10) days of receipt of notice and shall be back on the job within thirty (30) days of acceptance of said offer or forfeit all call-back rights under this Article.

20.4.1 Employees recalled from layoff shall not lose previously accumulated seniority or time in service, accrued vacation or sick leave provided all other provisions of this Article are complied with, including that the employee must be re-employed within one (1) year to retain these call-back rights and that the employee has successfully completed his/her six (6) months probationary period. However, employees shall not have vacation time or sick leave time reinstated where the employee has been compensated for said time by the District as a result of the layoff.

20.5 Seniority Defined. For the purposes of this Article only, for current employees, seniority is defined to be the length of employment with the District since employee's most recent date of hire. In cases of part-time employees and employees with the same hire date, the total hours paid shall be calculated to determine seniority. Existing employees of the District will retain seniority for all other Articles (i.e., vacation, promotion, etc.). Beginning with new hires December 1, 2011, seniority is defined by length of time in this bargaining unit only as an RN or PHN.

20.6 Furlough/Temporary Funding Emergency. A furlough is defined as placing employees in a temporary unpaid status during a temporary funding shortage, such as reduction in grants, outside funding resources and/or government shutdown at the Local, State and/or Federal levels. During this furlough period, the employees will maintain their employment status except for being in unpaid status. For example, vacation leave accruals, sick leave accruals and pension benefits would remain unaffected at the levels when the furlough started. Seniority would remain unaffected and would continue during the furlough period. An employee may, at her or

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his option, utilize up to 24 hours of vacation leave. A furlough is intended to address temporary funding shortages not mismanagement of District funds or to fill breaks in fee-for-service inconsistencies.

In the event of a temporary funding emergency, the Administrator or designee will provide notification to the Association within 48 hours of formal notification of a potential temporary funding interruption. Management will provide the Association's Local Unit Chair and staff representative with written notification to discuss furlough options. The parties will negotiate the effects within the time frame announced in the Administrator's or designee's notification and permitted in terms of when the funding reduction will take place. If the parties reach agreement during that time frame then such agreement shall be implemented. If the parties do not reach agreement then the Administrator or designee shall follow emergency provisions, such as minimum essential staff required, and in good faith will implement necessary and fiscally responsible actions based on the best interests of the Employer and the employees. Upon the return of the funding source, employees impacted shall return to work under their previously held positions, unless otherwise bargained.

There may be other "effects" the parties may wish to address during the "effects" bargaining timeframe addressed above.

ARTICLE 21 - DISCIPLINE

21.1 General. No full-time or part-time nurse shall be disciplined or discharged except for just cause. "Just cause" shall be defined to include the concept of progressive discipline (such as verbal and written reprimands and the possibility of suspension without pay). A copy of all written disciplinary actions shall be given to the nurse. Upon request, nurses shall sign the written disciplinary action for the sole purpose of acknowledging receipt thereof. Progressive discipline may not be applied when the nature of the offense requires immediate suspension or discharge. A nurse may request the attendance of an Association representative during any disciplinary meeting or investigatory meeting which may lead to disciplinary action.

21.2 Specific. The Administrator or his designee may reprimand, suspend, demote or discharge an employee for the following causes, but not limited thereto:

(a) Neglect of duty;

(b) Inefficiency;

( c) Insubordination;

( d) Incompetence;

( e) Insolence;

(f) Conviction of a crime and/or plea bargain of any crime which would have an adverse affect on the employee's work, working within the District, reflect detrimentally on the Employer and/or working with fellow employees;

WSNA-BFHD 2020-2021 28

(g) Malfeasance or misfeasance;

(h) Misconduct;

(i) Violation of rules or regulations;

(j) Violation of the No Strike Clause in Article 26 hereof.

(k) Failure to maintain, suspension of and/or loss/revocation of certification(s) and/or license(s) to perform the essential functions of the job;

(1) Any other just causes inclusive, but not limited to, those supported by grievance arbitration cases.

21.2.1 In order of increasing severity, the disciplinary actions which the District may take against an employee include:

(a) Verbal warning; (b) Written reprimand; ( c) Suspension; ( d) Demotion; and ( e) Discharge or termination.

Which disciplinary action is taken depends upon the seriousness of the affected employee's conduct as determined by the Administrator or his designee.

21.2.2 In cases where suspension without pay, demotion, or discharge is contemplated by the District, the employee shall have the right to a pre-disciplinary action meeting with a Union Representative present. The meeting will be scheduled on a date and time mutually convenient to the parties taking into consideration potential for the need to deal with the issues on an emergent basis. The purpose of the meeting is to provide the employee the opportunity to respond to allegations made against them. Prior to such a meeting and included with the notice of pre-disciplinary action meeting will be a written summary of allegations provided to the employee and copied to the Union Representative. However, this summary of allegations shall not be construed to limit nor prevent the admissibility and applicability of any subsequently discovered evidence of violation(s) and/or misconduct by the District. The District will issue a final determination of the disciplinary action within a reasonable period of time from the meeting except if further investigation is needed in which case a reasonable time after the further investigation is concluded.

21.2.3 When circumstances are such that retention of the employee will likely result in disruption of District programs, damage to or loss of District property or be injurious to the District employee, fellow employees or the clientele of the District, the Administrator or his designee may immediately suspend an employee with pay pending the outcome of the investigation. Upon conclusion of the District's investigation, if the discipline contemplated could be a suspension without pay, demotion or discharge, the District will issue a notice of pre-disciplinary action meeting.

WSNA-BFHD 2020-2021 29

21.2.4 The Administrator or his designee may demote an employee to the next lower classification in his classification series for cause as specified in this Article.

ARTICLE 22 - ASSOCIATION REPRESENTATIVES

22.1 Local Unit Chairperson. The Association shall, within ten (10) days after the signing of this Agreement elect a local unit chairperson where members of the Association are employed. The local unit chairperson shall see that the provisions of this Agreement are observed and shall be allowed reasonable work time to do so. The name(s) oflocal unit chairperson(s) so appointed shall be furnished to the Employer and kept current.

22.2 Access to Office. The Association Representative shall have access to the office during business hours, providing he/she does not interfere or cause employees to neglect their work.

22.3 Distribution of Contract. The District will distribute a membership application and a copy of this Agreement to newly hired RNs during orientation. The Association will distribute a copy of this Agreement to all other employees in the bargaining unit.

22.4 Bulletin Board. The District shall provide bulletin board space in each office for use of the Association in areas accessible to members of the bargaining unit.

22.5 Bargaining Unit Roster. Twice a year (in the months of January and July) by an Excel spreadsheet attachment to an email, the Employer shall provide the Association with a list of those nurses covered by this Agreement. This list will contain each employee's name, mailing address, phone number, employee identification number (last four digits of the social security number), unit, shift, FTE, rate of pay, date of hire, and adjusted date of hire (for nurses who have been rehired).

On the fifteenth of each month, the Employer shall provide the Association with a list of all employees covered by this Agreement who were hired and/or terminated during the previous month and will include the new hire and termination dates. The Employer shall also provide the Association with a list of all employees who transferred from non-bargaining unit positions into positions covered by the Agreement or transferred from bargaining unit position to non­bargaining unit positions during the previous month. These lists shall contain the same information as provided with the semi-annual list.

ARTICLE 23 - CONFERENCE COMMITTEE

23.1 Conference Committee. The District and the Association agree to establish a joint conference committee consisting of three (3) employees including Association representative(s) and three (3) District representatives including the Administrator and/or a representative. The purpose of this committee is to deal with matters of concern to employees. Either the Association representative or the District representative may initiate discussion of any subject affecting employees covered by this Agreement. Both parties agree to hold Conference

WSNA-BFHD 2020-2021 30

Committee meetings quarterly, the date for the next meeting to be set at the end of each conference committee meeting. The agenda will be set not later than one week prior to the upcoming meeting. The agenda will be emailed to all the members of the conference committee not later than five working days prior to the upcoming meeting. Those matters reviewed by the Committee and any recommendations coming out of the Committee are advisory only. Any recommendations that are not agreed upon by both parties are not subject to the grievance procedure.

23.2 Nursing Practice Committee. The Nursing Practice Committee will consist of two management personnel and two bargaining unit personnel. If necessary the Nursing Practice Committee may meet quarterly. An agenda shall be prepared prior to each meeting by the Committee. The Employer agrees to provide up to one and one-half hours on-duty time on a quarterly basis if needed for the Nursing Practice Committee meetings. Those matters reviewed by the Committee and any recommendations coming out of the Committee are advisory only and are not subject to the grievance procedure.

ARTICLE 24 - SA VIN GS CLAUSE

If an Article of this Agreement or any addenda thereto is held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with, or enforcement of, any Article is restrained by such tribunal, the remainder of this Agreement and addenda shall not be affected thereby, and the parties shall enter into immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement of such Article.

ARTICLE 25 - SUBORDINATION OF AGREEMENT

It is understood that the parties hereto and the employees of the District are governed by the provisions of applicable federal and state law. When any provision thereof are in conflict with, or are different from the provisions of this Agreement, the provisions of said federal law or state law are paramount and shall prevail.

ARTICLE 26 - NO WORK STOPPAGE AND NO LOCKOUT

26.1 No Work Stoppage. The District and the Association agree that the public interest requires the efficient and uninterrupted performance of all District services, and to this end pledge their best efforts to avoid or eliminate any conduct contrary to this objective. Neither the Association nor the employees shall cause, condone or participate in any strike or work stoppage, slow down or other interference with District functions by employees under this Agreement, and should same occur, the Association agrees to take appropriate steps to end such interference. District employees who engage in any of the above-referenced activities shall not be entitled to any pay and/or benefits during the period in which he/she is engaged in such activity. Employees covered by this Agreement who engage in any of the foregoing actions shall be subject to appropriate disciplinary action as may be determined by the District. The

WSNA-BFHD 2020-2021 31

determination as to whether disciplinary action shall be taken is one left to the sole discretion of District Management. Nothing in this section shall be construed to limit bargaining unit nurses' ability to engage in lawful informational picketing of the District.

26.2 No Lockouts. The District agrees that there will be no lockouts; however, the District reserves the right to keep District offices closed where the situation is such that opening the office to district employees would result in loss or damage to the District or District property.

ARTICLE 27 - TERM OF AGREEMENT

27.1 This Agreement shall become effective January 1, 2020, except as otherwise indicated, and shall remain in effect until December 31, 2021. Written notice of intent to modify this Agreement must be served by the requesting party upon the other party at least (90) days prior to December 31, 2021.

27.2 Upon submission of such notice, negotiations shall begin no later than ninety (90) calendar days prior to the expiration of this Agreement except by mutual agreement. If the parties have not reached agreement within sixty (60) days after negotiations commence, either party may request a mediator from the Public Employment Relations Commission (PERC). The determination of the mediator from PERC shall be advisory only and not binding on either party.

27.3 In the event that negotiations for a new Agreement extend beyond the anniversary date of this Agreement, the terms of this Agreement shall remain in effect as status quo in accordance with the provisions ofRCW 41.56.123.

WSNA-BFHD 2020-2021 32

IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly constituted and legal authorities this date set below the signature of each party.

BENTON-FRANKLIN DISTRICT HEALTH DEPARTMENT

ChairpersLltoard o alth Dated: I 2 /;J£Jd{)

I

Administrator or Designee Dated: ---------

Represented by:

e ounsel for Benton-Franklin

Health District

Dated:

WSNA-BFHD 2020-2021

WASHINGTON STATE NURSES ASSOCIAT ON

~·~~/f!N Liz Elli N~1

/ /

7

Dated: ~L / l.J _ 2JJ , ( \

Guadalupe Flores 2± / / L----() Dated: [ (.e }-Oo

~tMrtM ~yG

Carmen Garrison, WSNA Nurse Representative Dated: $:(- ;2{) - ;;;J..-i)

Represented by:

:hfd~~7~~e~ Lane Toensmeier Counsel for WSNA

q_~ 13-Jo Dated: vL

33

APPENDIX A

BENTON-FRANKLIN HEAL TH DISTRICT

COMPENSATION PLAN - BARGAINING UNIT WASHINGTON STATE NURSES ASSOCIATION

January 1, 2020- December 31, 2020

Step A Step B Step C Step D Step E Step F Step G Step H Step I

Public Health Nurse 4225 4436 4658 4890 5135 5393 5663 5946 6247

Registered Nurse 3938 4137 4344 4560 4787 5026 5279 5545 5827

Nurse Practitioner 5039 5292 5555 5834 6128 6434 6756 7094 7452

Public Health Nurse Lead: Salary equivalent to 3% above the classification step of the salary range the employee is being paid at the time of promotion to a Lead position.

Registered Nurse Lead: Salary equivalent to 3% above the classification step of the salary range the employee is being paid at the time of promotion to a Lead position.

2.25% COLA for 2020

5% increase between steps

Appendix A- Compensation Plan 2020 (WSNA) 34

APPENDIX A

BENTON-FRANKLIN HEAL TH DISTRICT

COMPENSATION PLAN - BARGAINING UNIT WASHINGTON STATE NURSES ASSOCIATION

January 1, 2021- December 31, 2021

Step A Step B Step C Step D Step E Step F Step G Step H Step I

Public Health Nurse 4310 4525 4751 4988 5238 5500 5776 6064 6372

Registered Nurse 4017 4220 4431 4651 4883 5127 5384 5656 5943

Nurse Practitioner 5140 5398 5666 5951 6250 6563 6891 7235 7601

Public Health Nurse Lead: Salary equivalent to 3% above the classification step of the salary range the employee is being paid at the time of promotion to a Lead position.

Registered Nurse Lead: Salary equivalent to 3% above the classification step of the salary range the employee is being paid at the time of promotion to a Lead position.

2.00% COLA for 2021

5% increase between steps

Appendix A- Compensation Plan 2021 (WSNA) 35

Plan I

Kaiser Permanente Classic

Kaiser I Permanente Value

Uniform I Kaiser I Permanente CDHP

Uniform I CDHP

EE Only (85/15)

Total District

913.45 768.94

837.01 I 703.73

841.02 I 712.24

771.46 I 712.14

769.65 I 711.28

I I I

I

BENTON-FRANKLIN HEALTH DISTRICT AND WSNA HEALTH INSURANCE PREMIUMS COST BREAKDOWN

January 1, 2020 -December 31, 2020

EEOOP

144.51

133.28

128.78

59.32

58.37

Medical Waived (Employer Cost Only) $154.36

$50 per month Spouse Surcharge may be added to premiums for Employee & Spouse and Full Family enrollment (Employee Cost)

$25 per month Tobacco Use Surcharge will be added to premiums for employees or dependents that use tobacco (Employee Cost)

Appendix B - Health Insurance Cost Breakdown (WSNA) 36

MEMORANDUM OF UNDERSTANDING

BENTON-FRANKLIN HEAL TH DISTRICT (BFHD)

AND

WASHINGTON STATE NURSES ASSOCIATION (WSNA)

BILINGUAL POLICY

ATTENDANCE FOR WSNA: Pursuant to agreement between the parties a member of the WSNA Collective Bargaining Team shall join the BFHD Diversity and Inclusion Team to participate and provide feedback in meetings and discussions related to Bilingual policy establishment such as needs assessment, certification process, timekeeping and other details to be addressed in policy development.

ATTENDANCE FOR BFHD: Existing members of the Diversity and Inclusion Team.

MEETING FREQUENCY: Meetings are scheduled monthly.

SUBJECT TO REVIEW AND FINAL POLICY PROVISIONS: Outcome of bilingual discussions by BFHD Diversity and Inclusion Team and Team's recommendations as regards bilingual policy establishment such as needs assessment, certification process, timekeeping, compensation and other details to be addressed in policy development is subject to review and potential modifications by BFHD Administration/Management, BFHD management labor attorney, WSNA labor attorney and the WSNA Bargaining Team before consideration of final ratification by the WSNA membership and BFHD Board which will occur by June 30, 2021.

('-I

DATEDthis_~/ ___ dayof &7 , 2020.

Washington State Nurses Association Benton-Franklin Health District

Lane Toensmeier, WSNA Counsel Jason Zaccaria, Administrator

Counsel