Article 21 — Performance of Registered Nurse Work by Non-Bargaining Unit Employees

  1. No work regularly performed by Registered Nurses shall be performed by non-bargaining unit employees, except in the following circumstances:
    1. Whenever no Registered Nurse employed by the Employer is qualified to do the work, until such time as a qualified Registered Nurse reasonably can be hired and trained;
    2. Whenever none of the Registered Nurses qualified to do the work is reasonably available, until such time as a qualified Registered Nurse becomes reasonably available;
    3. Whenever, after posting of a position, no qualified Registered Nurse has applied to transfer to the position, until such time as a qualified Registered Nurse can be hired and trained or until a qualified Registered Nurse applies to transfer to the position;
    4. Whenever circumstances that could not reasonably be anticipated result in an increase in the type of work regularly performed by Registered Nurses, until the circumstances end or it becomes reasonably possible to have the work performed by Registered Nurses;
    5. Whenever the work performed is non-routine or of a temporary nature, or to assess a new method of performing the work; or
    6. Whenever necessary to comply with federal, state or local laws or regulations.  
  2. Whenever the Employer invokes any of the exceptions set forth in 1(a)-(f) above, no Registered Nurse shall be laid off as a result, nor shall any Registered Nurse be supplanted by non-LGI personnel. 
  3. Whenever the Employer invokes any of the exceptions set forth in 1(a)-(f) above, the Union’s General Representative shall be informed of the reasons for the decision, the need to take the specific action taken, and the anticipated duration of the exception being invoked.

Source URL: https://www.uft.org/your-rights/contracts/lighthouse-guild/article-21-performance-registered-nurse-work-non-bargaining-unit-employees