A Word From the Ohio Nurses Association:
The Ohio Nurses Association was founded as a professional organization of registered nurses in 1904. Its purpose then, as it is today, is to work for the improvement of health standards and the availability of health care service for everyone.
For over 100 years, ONA continues to foster high standards of nursing practice and promotes the professional and educational advancement of nurses.
ONA is part of a federation structure. The “grass roots” of the structure is the district. ONA is the state level of the structure, and the American Nurses Association (ANA) is the national level. Every member of ONA is also a member of their local district, and is represented at the national level through ONA. Through this federation structure, ONA members have access to nearly unlimited nursing resources.
ONA is active in all facets of the profession of nursing. Programs and services provided to members include:
Economic and General Welfare. ONA is committed to the economic and general welfare of Ohio nurses. Since 1956, ONA has provided the E&GW program, which includes representation of nurses for collective bargaining purposes. Thousands of nurses in Ohio have already chosen ONA to represent them. The ONA E&GW staff provides the best representation for negotiations, grievances and arbitrations that your dues monies can buy. Our E&GW staff includes experienced attorneys who specialize in labor relations.
ONA believes that professional nurses must be able to practice under terms and conditions which enable them to deliver the best possible patient care, as well as terms which provide them with the best possible rewards for delivering it. To nurses who want to achieve that goal, ONA offers a full range of professional support services from advice on exercising their legal employment rights to negotiating and enforcing employment contracts.
For members who experience employment-related problems, but who cannot engage in collective bargaining, ONA provides support services such as advice and consultation on employee/employer relations.
ONA also provides professional insurance programs and through the Ohio Nurses Foundation (ONF), ONA provides research grants and scholarships to members enrolled in academic nursing programs.
Legislative Action. Your ONA membership adds strength to the official voice of professional nursing in Ohio. ONA initiates and promotes sound legislation to improve health care in Ohio and to advance nurses and the nursing profession. ONA’s legislative network and lobbyists work with the governor’s office, state agencies, legislature, and other groups to protect the best interests of the public and nurses. ONA represents Ohio’s nurses in powerful, prestigious arenas and is an effective leader in the policy-making process with influential governing bodies. It was ONA that fought for and achieved mandatory licensing of registered nurses in Ohio.
Continuing Education. Recognizing that continuing education is a responsibility for nurses, ONA has made a commitment to encourage and facilitate life-long learning for nurses. In addition to providing continuing education programs, ONA also directly provides continuing education programs through which nurses can earn contact hours.
Communication. ONA members receive regular and special publications which keep them up to date in their profession. ONA publishes the Ohio Nurses Review, which contains information about nurses and nursing in Ohio. Members receive this publication and ANA’s American Nurse as a benefit of membership. Membership in ONA also enables nurses to receive the American Nurse Today as a benefit. ONA and ANA also publish a wide variety of materials about nursing, which may be ordered through their publication catalogs.
ONA website www.ohnurses.org provides members with the current Ohio information. Additionally, ONA members can access national information through ANA’s website, www.nursingworld.org and through the National Federation of Nurses (NFN), website, www.nfn.org
ANA’s labor affiliate.
Professional Nursing Support. ONA provides nursing practice consultation through its staff and its Council on Practice. Nurses have access to the most current accepted nursing standards of practice, standards for education of nurses, and for the delivery of nursing service.
ONA is available to help identify, support, and seek treatment for impaired nurses.
Because nurses are faced with increasingly difficult ethical dilemmas, the ANA Code of Ethics for Nurses, as well as other published discussions on ethical principles, is available to help you clarify your values and actions.
Enrichment opportunities. ONA offers participation in various committees and assemblies to enable members to know and work with their peers from around the state. Leadership opportunities are open to each and every member at the district, state, and national levels.
ONA’s biennial convention provides a forum for nurses across the state to participate in the governance of their association. The convention offers members the opportunity to voice their opinion and add input which shapes the Association’s direction. Business sessions and forums provide insight into the policies and procedures of the Association. Among the highlights is ONA’s awards to pay tribute to outstanding nurses, and there are many continuing education opportunities during the convention schedule.
Other Services. ONA members have the resources of ONA and ANA available when needed. ONA staff can provide professional counseling and consultative services for practice problems or service and educational questions. Members requiring information on any aspect of nursing can find assistance through ONA. The combined expertise of the ONA staff means that accurate, up-to-date information is there when you need it.
Through participation in nursing’s professional association, ONA members support a strong voice for the profession of nursing and acknowledge their career commitment to professionalism.
ANA Code of Ethics for Nurses
The Hospital recognizes that registered nurses subscribe to the ANA Code of Ethics for Nurses which was adopted June 30, 2001:
- The nurse, in all professional relationships, practices with compassion and respect for the inherent dignity, worth, and uniqueness of every individual, unrestricted by considerations of social or economic status; personal attributes, or the nature of health problems.
- The nurse’s primary commitment is to the patient, whether an individual, family, group or community.
- The nurse promotes, advocates for, and strives to protect the health, safety, and rights of the patient.
- The nurse is responsible and accountable for individual nursing practice and determines the appropriate delegation of tasks consistent with the nurse’s obligation to provide optimum patient care.
- The nurse participates in establishing, maintaining and improving health care environments and conditions of employment conducive to the provision of quality health care and consistent with the values of the profession through individual and collective action.
- The nurse participates in the advancement of the profession through contributions to practice, education, administration, and knowledge development.
- The nurse collaborates with other health professionals and the public in promoting community, national, and international efforts to meet health needs.
- The profession of nursing, as represented by associations and their members, is responsible for articulating nursing values, for maintaining the integrity of the profession and its practice, and for shaping social policy.
The Medical Center supports and endorses this individual subscription to this Code. Since by law, however, the Medical Center is ultimately responsible for all patient care performed within the Medical Center, the ONA recognizes that neither the Hospital nor any of its other employees are governed by the ANA Code of Ethics for Nurses, the ONA or the ANA Standards of Practice or the ANA Principles of Nurse Staffing.
It is hereby agreed, that individual elements in the above Code as well as the ONA or ANA Standards and/or Principles are not subject to the grievance/arbitration procedure of Article 8.
ANA Bill of Rights for Registered Nurses*
- Nurses have the right to practice in a manner that fulfills their obligations to society and to those who receive nursing care.
- Nurses have the right to practice in environments that allow them to act in accordance with professional standards and legally authorized in scopes of practices.
- Nurses have the right to freely and openly advocate for themselves and their patients, without fear of retribution.
- Nurses have the right to fair compensation for their work, consistent with their knowledge, experience and professional responsibilities.
- Nurses have the right to a work environment that is safe for themselves and their patients.
- Nurses have the right to negotiate the conditions of their employment, either as individuals or collectively, in all practice settings.
Disclaimer: The American Nurses Association (ANA) is a national professional association. ANA policies reflect the thinking of the nursing profession on various issues and should be reviewed in conjunction with state association policies and state board of nursing policies and practices. State law, rules and regulations govern the practice of nursing. The ANA’s “Bill of Rights for Registered Nurses” contains policy statements and does not necessarily reflect rights embodied in state and federal law. ANA policies may be used by the state to interpret or provide guidance on the profession’s position on nursing.
| *Effective June 26, 2001. This is for information purposes only and is not part of the terms and conditions of this collective bargaining agreement including its grievance and arbitration system. |
TABLE OF CONTENTS
| A Word from the Ohio Nurses Association ……………………………………………… | 1 | |
| ANA Code of Ethics for Nurses……………………………………………………………… | 3 | |
| ANA Bill of Rights for Registered Nurses……………………………………………….. | 4 | |
| Article 1 | Recognition …………………………………………………………………………………………. | 6 |
| Article 2 | Non-Discrimination………………………………………………………………………………. | 7 |
| Article 3 | Management Rights………………………………………………………………………………. | 8 |
| Article 4 | No Strike or Lockout…………………………………………………………………………….. | 9 |
| Article 5 | Association Activity-Visitation………………………………………………………………. | 10 |
| Article 6 | ONA Membership and Dues Deduction…………………………………………………… | 12 |
| Article 7 | Probationary Period and Orientation ……………………………………………………….. | 14 |
| Article 8 | Grievance Procedure …………………………………………………………………………….. | 16 |
| Article 9 | Holidays ……………………………………………………………………………………………… | 19 |
| Article 10 | Vacation Signup …………………………………………………………………………………… | 22 |
| Article 11 | Hours and Scheduling …………………………………………………………………………… | 26 |
| Article 12 | Corrective Action Procedure ………………………………………………………………….. | 35 |
| Article 13 | Time and Attendance…………………………………………………………………………….. | 38 |
| Article 14 | Other Leaves ……………………………………………………………………………………….. | 39 |
| Article 15 | Insurance Benefits ………………………………………………………………………………… | 41 |
| Article 16 | Seniority ……………………………………………………………………………………………… | 43 |
| Article 17 | Salary & Economic Benefits ………………………………………………………………….. | 49 |
| Article 18 | Overtime……………………………………………………………………………………………… | 55 |
| Article 19 | Professional Development……………………………………………………………………… | 57 |
| Article 20 | Performance Evaluations……………………………………………………………………….. | 59 |
| Article 21 | Workplace Safety …………………………………………………………………………………. | 60 |
| Article 22 | Committees………………………………………………………………………………………….. | 62 |
| Article 23 | Contracted Nurses: Agency/Travel Nurses ……………………………………………… | 64 |
| Article 24 | Work on Weekends ………………………………………………………………………………. | 66 |
| Article 25 | Non-budgeted Nurses: Intermittent and Centralized Float Pool (CFP) …………. | 69 |
| Article 26 | Pension & Retirement …………………………………………………………………………… | 72 |
| Article 27 | Paid Time Off (PTO) Program ……………………………………………………………….. | 74 |
| Article 28 | Miscellaneous………………………………………………………………………………………. | 80 |
| Article 29 | Charge Nurse……………………………………………………………………………………….. | 81 |
| Article 30 | Alteration of Agreement and Waiver ………………………………………………………. | 82 |
| Article 31 | Duration………………………………………………………………………………………………. | 83 |
| Appendix A | ONA Classifications……………………………………………………………………………… | 84 |
| Appendix B | Assignment Despite Objection Flow Process and Form …………………………….. | 85 |
| Appendix C | Investigatory/Corrective Action Meeting Waiver ……………………………………… | 87 |
| Appendix D | Memorandum of Understanding …………………………………………………………….. | 88 |
| Appendix D | Mitigating Circumstances Review Request………………………………………………. | 89 |
| Signature Page |
ARTICLE 1
Recognition
Section 1. This Agreement is made and entered into July 1, 2021, by and between the Ohio Nurses Association, hereinafter referred to as “ONA” and University of Cincinnati Medical Center, hereinafter referred to as “the Medical Center” or “UCMC.”
Section 2. The purpose of this Agreement is to maintain an orderly system of employer-employee relations, which will facilitate joint discussions and cooperative solutions of mutual problems by the Medical Center administrators and representatives of the registered nurses.
Section 3. The Medical Center recognizes the ONA as the sole and exclusive representative of the registered nurses employed by the Medical Center in the classifications listed in Appendix A, as herein defined for the purpose of collective bargaining with respect to rates of pay, hours of employment, and other conditions of employment.
Section 4. Except as hereinafter limited, the term “nurse,” as used herein, shall apply to and include full-time, part-time, and non-budgeted registered nurses as noted in Appendix A. If new positions as provided in Section 3 are added in which the ONA may have a community of interest, both parties will meet to discuss the possible inclusion of such positions in the bargaining unit.
Section 5. Except as hereinafter limited, the term “nurse” as used herein, shall exclude private duty nurses, supervisors, nursing administration, and all other classifications of personnel employed by the Medical Center.
Section 6. Each person employed by the Medical Center to practice professional nursing as a Registered Professional Nurse must be registered and licensed to practice as such in the State of Ohio.
Section 7. It is not the intention of the Medical Center to utilize Licensed Practical Nurses (LPNs), non- nursing, and/or paraprofessional personnel to perform professional nursing practices. It is the intention of the Medical Center that LPNs, non-nursing, and/or paraprofessional personnel will be used to augment the staff of registered nurses only to the extent that individual skills may ethically and legally be utilized. LPNs, non-nursing, and/or paraprofessional personnel will be utilized to assist and will be under the direction of staff nurses and the supervision of nursing management as it applies to patient care.
A. Only a registered nurse will assess, plan and evaluate a patient’s nursing care needs. Any delegation of nursing activities by a nurse to other personnel shall be accomplished in accordance with the Ohio Nurse Practice Act, the Standards of the Joint Commission, the ANA Standards of Practice, the ONA Standards of Practice, the Medical Center policy and applicable law.
Section 8. There is hereby established a Joint Classification Committee made up of three (3) representatives selected by the Medical Center and three (3) representatives selected by the ONA. The committee will meet when ONA challenges that nursing positions should be included into the bargaining unit. Upon receipt of a challenge, each party submits facts to the Joint Classification Committee. The committee can seek additional information. Resolution of classification disputes are final and binding on both parties when the committee reaches consensus by a unanimous vote. If the committee is unable to reach consensus, then the issues may be appealed to arbitration in accordance with Article 8.
ONA representatives on the Joint Classification Committee will be provided appropriate release time for participation in committee activities. The nurses will be paid for all time serving on the committee, and such time will be equivalent to time worked for benefit purposes.
UCMC will provide a copy of the job descriptions and qualifications established by the Medical Center for all ONA represented nurses at the Medical Center.
ARTICLE 2
Non-Discrimination
Section 1. There shall be no discrimination either by the Medical Center or ONA against any nurse or applicant for employment in any manner relating to employment because of race, color, creed, gender, gender identity, genetic information, religion, national origin, ancestry, sexual orientation, age, disability, military status, application for or participation in the state workers’ compensation system, or based on any other status protected by applicable law, or on account of membership, fair share or non-membership in or activity on behalf of ONA except as limited by Article 5, Section 1 hereof.
The Medical Center’s Harassment policy and the Medical Center’s Equal Employment Opportunity policy are incorporated herein by reference and are available by electronic access or hard copy in Human Resources. Should UC Health enhance these policies for non-ONA employees, the Medical Center will offer the same enhancement to ONA members.
If applicable non-discrimination law changes, the parties agree to meet and discuss the change(s).
ARTICLE 3
Management Rights
Section 1. The management of the Medical Center, the control of the premises, and the direction of the nursing force are vested exclusively with the Medical Center. The right to manage includes, but shall not be limited to, the right to hire, transfer, promote, suspend, or discharge nurses for just cause; to determine the shifts and the number of hours to be worked by nurses; to determine staffing patterns including, but not limited to, the assignment of nurses as to numbers employed, duties to be performed, qualifications required, and areas worked; to determine policies and procedures with respect to patient care; to determine or change the methods and means by which its operations are to be carried on; and to carry out the ordinary and customary functions of management subject only to such restrictions and regulations governing the exercise of these rights as are expressly specified in this Agreement. It is further understood that nothing in this Agreement shall be construed as delegating to others, the authority conferred by law on any Medical Center official, or in any way abridging or reducing such authority. The above statement of management rights is understood to be descriptive and explanatory and is not restrictive. Finally, these rights shall not be used for the purpose of discriminating against any nurses on account of membership in or activity on behalf of ONA.
Section 2. The ONA, on behalf of the nurses covered by this Agreement, agrees to cooperate with the Medical Center to attain and maintain full efficiency and maximum patient care, and the Medical Center agrees to receive and consider constructive suggestions submitted by the ONA including but not limited to during Labor Management Committee Meetings.
Section 3. All Nursing Department personnel policies, rules, and regulations will be provided to the President and Vice President of the local unit, otherwise known as the Registered Nurses Association, herein referred to as “RNA,” When policies, rules and regulations are revised, the Medical Center will provide the revisions to the RNA President and Vice President at least seven (7) days prior to implementation, except where regulatory compliance makes less than seven (7) days necessary. Failure to comply with this section will not cause a policy, rule or regulation or the effective date thereof to become void.
ARTICLE 4
No Strike or Lockout
Section 1. It is understood and agreed that the services performed by nurses covered in this Agreement are essential to the public’s health, safety and welfare. Therefore, the ONA agrees that it will not authorize, instigate, aid, condone or engage in any strike, work stoppage, or other action at a time which will interrupt or interfere with Medical Center operations. No nurse shall cause or take part in any strike, work stoppage, slow-down, or other action which will interrupt or interfere with the operation of the Medical Center. In the event of a violation of this section, the ONA agrees to take affirmative steps with the nurses concerned, to bring about an immediate resumption of normal work. If for any reason there is a work stoppage of this nature, parties to this Agreement will maintain continuous communications in an attempt to resolve the dispute concerned. RNA officers will exert a concerted effort designed to restore normal working conditions, after which formal negotiations will be pursued as appropriate to the condition concerned.
Section 2. Management agrees that it will not lock out nurses, nor will it do anything to provoke interruptions or to prevent such continuity of performance by said nurses, insofar as such performance is required in the normal and usual operations of Medical Center service. For purposes of this Agreement, a lockout shall be defined as the temporary laying off of employees solely as a means of bringing economic pressure to bear in support of the Medical Center’s collective bargaining position, and shall not include layoffs because of lack of work, disciplinary layoffs, or layoffs for other similar reasons. A lockout determined to be illegal by a court or other authority with jurisdiction may include an award of lost wages to affected employee(s).
ARTICLE 5
Association Activity – Visitation
Section 1. Representatives of the ONA may enter the Medical Center for the purpose of meeting with nurses and Medical Center representatives under the Grievance Procedure provided herein or for purposes related to the ONA’s educational activities with the permission of the Chief Nursing Officer (CNO). Such representatives shall be subject to the regulations applicable to non-employees and to such other reasonable regulations as the Medical Center may establish.
Section 2. RNA President and Vice President or designee agree to provide the Office of the Chief Nursing Officer or designee with a monthly report of time paid to bargaining unit nurses to perform bargaining unit work. This work includes, but is not limited to representation at hearings, grievance investigations, Labor Management Committee meetings, negotiations, and other activities as requested by either party.
Section 3. The Medical Center agrees to pay up to 0.8% of the ONA Bargaining Unit or twelve (12) nurses, whichever is greater, to serve on the ONA Negotiation Committee for time spent in negotiations with the Medical Center representatives during the regularly scheduled work hours of such employees and for such other time as is mutually agreed at negotiations to accommodate individual circumstances. Unless mutually agreed otherwise, time spent in scheduled negotiations will count toward that week’s FTE.
Section 4. Members of the ONA Negotiating Committee shall be scheduled with the nurse’s consent, only on the day shift during negotiations provided four (4) weeks notification of the nurses’ names have been provided to the Medical Center.
Section 5. The Medical Center shall provide RNA with three (3) bulletin boards in the main Medical Center, one (1) of which is to be located on the first floor at a mutually agreed area and one (1) of which is to be located in the North Garage. Additional bulletin boards will be provided in Holmes, Barrett Center, Hoxworth, and Ridgeway. In addition, upon request, and discussion and approval by NEC, space will be provided on existing bulletin boards in each unit’s break room. Communications posted are subject to approval by Human Resources before posting. The Medical Center will provide the RNA, the local ONA bargaining unit, a mail slot in which mail can be delivered.
Section 6. During the first week of each orientation program, a list of the registered nurses along with their employee identification numbers participating in such program and included within the bargaining unit will be furnished to the RNA President and Vice President, and ONA. Such list shall include the unit assignments and whether the nurses are full-time, part-time or non-budgeted.
Section 7. The Medical Center will, in the written materials distributed to participants in the orientation program, include mutually agreed upon written information prepared and furnished by the ONA relating to the organization and its contractual relationship with the Medical Center. Included in such information may be the announcement of the date, time, and place of a meeting to be held by the ONA and/or RNA.
Section 8. RNA will be provided with secure, private, and adequate office space and secure storage space on the UCMC premises.
Section 9. Paid Time for Agreement Administration
A. The executive board members, other officers and committee appointees of the local ONA committee may be released from work upon approval by the Medical Center for the administration of this Agreement. Nurses subject of such approved release from work will be compensated for lost hours from work. Compensated release will be for such things as grievance investigation and hearings, corrective action meetings, Labor Management Committee or Nursing Executive Council (President and Vice President only) meetings or other union/management committee meetings. All nurses must request release from their department managers before the release from work will be granted. Such release time approval shall not be unreasonably denied.
B. The Medical Center shall provide paid time to RNA elected President, Vice President, or designee, for two (2) standing eight (8) hour days each, totaling thirty- two (32) flexible hours per week within the budgeted FTE for the purpose of conducting grievance investigations, attending Step 1 grievance hearings and corrective action meetings, and proactive dispute resolution to reduce the number of grievances. Paid time for participation in the following is included, but not limited to: (1) Labor Management Committee, Nursing Executive Council, or other sub- committees under Article 22; (2) Step 2 grievance hearings; (3) Time spent under Section 3 of this Article regarding negotiations; (4) UCMC initiated call in of President and Vice President or their designees to handle urgent matters not reasonably handled within the standing days.
C. The RNA will designate a minimum of five (5) UCMC nurses, who also serve as officers or executive board members, available to perform representation duties as needed and upon request of nurses or management.