Article Three — Union Status

Table of Contents

3.1 Recognition.

The Employer recognizes the Union as the exclusive collective bargaining representative of every Registered Nurse covered by this Agreement.

3.2 New Registered Nurse.

At the time a new Registered Nurse subject to this Agreement is employed, the Employer shall deliver to said Registered Nurse a Union dues card and provide a copy of this Agreement supplied by the Union. At the time a new Registered Nurse subject to this Agreement is employed, the Employer shall provide a copy of the written Benefit Description Plan to the said Registered Nurse, which will be supplied by the Fund.

3.3 Union Membership.

It shall be a condition of employment that every Registered Nurse who is a member of the Union in good standing as of the date of execution of this Agreement shall remain a member in good standing and those who are not members on the date of execution of this Agreement shall, no later than thirty (30) days following the date of execution of this Agreement, become and remain members in good standing of the Union. Every Registered Nurse who becomes such after the date of execution will become a member of the Union within thirty (30) days after the date of employment and thereafter will remain a member in good standing

The Employer shall notify the Union in writing of each new Registered Nurse Employee within five (5) days after the Employee's employment.

Whenever the Union shall charge that any Registered Nurse who is required by the provisions of this paragraph to remain a member of the Union in good standing has failed to do so, and shall request the discharge of such Employee, the Employer shall be so informed by the Union by certified or registered mail and the Employer shall have fourteen (14) days following the receipt of such notice to take action on the requested discharge. If during said fourteen-day (14) period the Employee shall pay his or her delinquent dues, the Employer shall not be required to discharge such Employee.

"Good Standing" for the purpose of this Agreement shall mean the payment or tender of periodic dues, uniformly required as a condition of retaining membership, to the Union.

The Union shall indemnify and hold the Employer harmless against any and all claims, demands or other forms of liability that may arise out of any action taken by the Employer in fulfilling the terms of this Section.

3.4 Deduction of Union Dues

A Registered Nurse who desires to become a member of the Union may execute a written authorization in the form annexed hereto as Exhibit A. Upon receipt of such an authorization from a Registered Nurse the Employer will, pursuant to such authorization, deduct from the wages due the Registered Nurse from each bi-weekly paycheck (except in the two (2) months in a calendar year in which three (3) paychecks are issued, then no deduction will be taken from the third (3rd) paycheck), the regular dues fixed by the Union, provided that the first deduction shall not be required to be made earlier than the first pay period following completion of the Registered Nurse's first thirty (30) days of employment but will include the first month of employment if authorized by the Registered Nurse. The Employer shall be relieved from making such "check-off" deductions upon: (a) termination of employment; (b) transfer to a title other than one covered by the bargaining unit; (c) layoff from work; (d) an agreed leave of absence; or (e) revocation of the check-off authorization in accordance with its terms or with applicable law.

Notwithstanding the foregoing, upon the return of an Employee to work from any of the above-mentioned absences, the Employer will immediately resume the obligation of making such deductions, except that deductions for terminated Employees shall require a new dues authorization card. The Employer shall not be obliged to make dues deductions of any kind from any Employee who, during any dues month involved, shall have failed to receive sufficient salary to equal the dues deduction.

By the tenth (10th) of each month, the Employer shall remit to the Union all deductions for dues made from the salary of Employees for the preceding month, together with a list of all Employees from whom dues have been deducted.

It is specifically agreed that the Employer assumes no obligation, financial or otherwise, arising out of the provisions of this Section, and the Union hereby agrees that it will indemnify and hold the Employer harmless from any claims, actions or proceedings by an Employee arising from deductions made by the Employer hereunder. Once the funds are remitted to the Union, their disposition thereafter shall be the sole and exclusive obligation and responsibility of the Union.

3.4.1 Deduction of Committee on Political Education Fund Contributions.

Upon receipt of a written authorization from an Employee in the form annexed hereto as Exhibit I, the Employer shall, pursuant to such authorization deduct from the wages due said Employee once a month the sum specified in said authorization and remit sum to the UFT Committee on Political Education ("COPE") Fund as the Employee's voluntary contribution to said Fund. The administration of this COPE Fund check off shall be the same as the Dues check off under Section 3.4, hereof. This provision for voluntary check off should not be construed as support or lack of support for the COPE Fund or its activities by the Employer.

3.5 Union Business: Local Representatives.

The Union will notify the Employer in writing of its Local Employee Representatives who are authorized to deal with the Employer with regard to administration of this Agreement or any other appropriate topic under the collective bargaining relationship, and will advise the Employer of the area of responsibility of each such Local Representative. The Union will notify the Employer of said representatives' designation and authority and any change in either. No Employee shall engage in Union activities on Employer time and premises except in connection with the grievance and arbitration procedure, as provided elsewhere under this Agreement or as otherwise agreed.

3.6 Union Business: General Representative.

A duly authorized general representative of the Union may visit the Employer's premises, after notification of the Regional Administrator or Department Head, as applicable, or designee, at a reasonable time, to discharge Union duties as the Employees' collective bargaining representative so long as the representative does not interfere with the work of the Employees or the operation of the Employer.

3.7 Bulletin Boards.

In the Employer's facilities where Registered Nurses covered by this Agreement are regularly scheduled to work, the Employer will provide the Union with a bulletin board on which to post official Union notices. The bulletin board will at all times carry a label, device or notice clearly identifying it as the Union Board (for use). The signature (or facsimile signature) of a duly authorized Union representative will be affixed to every Union notice posted in this space. Notices to be posted will, where possible, be brought to the attention of the Regional Administrator, or designee, prior to such notice being posted.

3.8 Region/Program Registered Nurse Meetings.

The Registered Nurses at each Region/Program office shall meet on a regularly scheduled basis at least once every month for up to one (1) hour during work time, or longer if outside work time, at times and places agreed to in coordination with the Regional Administrator, or designee, to discuss matters of concern.

3.9 Region/Program Consultation.

A Union-designated Committee of up to five (5) Registered Nurses shall meet with the Regional Administrator, or designee, on a regularly scheduled basis at least once every other month for up to one-half (½) hour during work time at times and places agreed to in coordination with the Regional Administrator, or designee, to discuss matters of mutual concern. These meetings shall in no manner be deemed negotiating sessions and no side agreements or other modifications of this Agreement shall result. Per Diem Coordinators of Care who are designated to attend these meetings shall be compensated at the hourly rate provided for attendance at required meetings in Article 2.1.5.e for the one-half hour meeting with the Regional Administrator, or designee.

3.10 VNSNY Home Care Consultation.

A Union-designated Committee made up of up to sixteen (16) Region/Program Representatives and the three (3) elected Chapter Officers shall meet with the Chief Operating Officer, or designee, on a regularly scheduled basis at least once every other month beginning at 2:30 p.m. on a day mutually agreed upon to discuss matters of mutual concern; the first one (1) hour of such meeting shall be a meeting of the Union Representatives and the second one (1) hour with the Chief Operating Officer, or designee. Topics for discussion shall also include recommendations for improved Registered Nurse security and safety. These meetings shall in no manner be deemed negotiating sessions and no side agreements or other modifications of this Agreement shall result.

Per Diem Coordinators of Care who are designated to attend these meetings shall be compensated at the hourly rate provided for attendance at required meetings in Article 2.1.5.e for the one (1) hour meeting of Union Representatives and the one (1) hour with the Chief Operating Officer, or designee.

3.11 Union Officer Work Schedule.

The work schedule of Registered Nurses elected as Union delegates shall be adjusted to permit attendance at regular UFT Delegate Assembly meetings, providing Region/Program operations shall not be impaired. The Union will notify the Regional Administrator or Department Head, as applicable, or designee, of the scheduled Delegate Assembly meetings and any changes to that schedule at the same time delegates are notified.

The VNSNY Home Care Chapter Chairperson shall have three (3) designated days per month paid released time for Union business, which he or she may delegate from time to time to another Chapter Officer (designee must notify Regional Administrator or Department Head, as applicable, or designee, two (2) weeks in advance, where possible).


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