Local 5138 Update March 25, 2021 - Health Professionals & Allied Employees

Local 5138 Update March 25, 2021

We want to give you an update on the issues regarding Sunsetting of the Extra Shift and Critical Shift differentials mentioned in Appendix B of your contract.

Please join the General Membership Meeting scheduled on April 14th, 2021 via Zoom. Zoom link to be available closer to the date.

The Issue:

Hackensack Meridian Health has decided to discontinue all contractual differentials tied to any shift above your regular hours, starting early April 4 2021. On March 23 and March 25 2021, we and our sister local 5058 met with HMH to state our position on the agreement and to bargain over the impact the of the Employer’s decision to get rid of these differentials. As of today, the differentials they intend to sunset: article 9.04 Compensation for Extra Shift Worked, 9.06 Critical Shift Bonus, 9.11 Open Shift Incentive and 10.04 extra weekend pay for working on your weekend off. Our position is the contract limits them to sunset Extra Shift and Critical Shift, NOT Open Shift or Extra Weekend.

Some key points:

  • HMH proposed and we agreed to the language in Appendix B: “the Hospital proposes to sunset the extra shift and critical shift differentials”.
  • Management implemented the changes prior to bargaining with us. We have filed a grievance and are filling charges.
  • We demanded to meet and bargain over the effects.
  • On March 23rd HMH presented that they are sunsetting:
    • Open Shift incentives.
    • Compensation for extra shift worked for part-timers.
    • Critical Shift Bonus.
  • On March 25th HMH presented that they are sunsetting Extra Weekend Pay.
  • HMH and HPAE have previous agreements for Critical Shift Program/+ that pays $25-$35/hr when the CNO deems it necessary. These will continue.

Our Position:

  • Appendix B: The language is clear and unambiguous and allows HMH to sunset extra shift and critical shift differentials only.
    • This is distinct from the other differentials listed in the contract. Each differential has its own section, 9.04, 9.06, 9.11 and 10.04. They are all money for working over the regular hours, but each is distinct.
    • The term Extra Shift refers to many things in the contract and has been used for decades. But, when it refers to an extra shift differential, it means the $5/$10 paid to PT staff when they sign up in Pre-post. See Article 9.04.
    • HMH does not have right to sunset Open Shift Incentive or Extra Weekend Bonus.
  • Eliminating differentials will make staffing needs more problematic.
  • CSP/CSP+ need to be implemented more frequently to cover staffing shortages and notification to members improved. CSP should be used to fulfill holiday requirement language.
  • We questioned what will be in place of the differentials if staffing needs arise.
  • We fear that floating will be used more widely in place of posting positions and shifts with differentials.

Member Action Plan:

There are some things you as a member can do right now:

  • Sign the petition on management’s failure to bargain over the effects of sunsetting extra shifts and critical shift incentives.
  • Keep track of any and all hours that you work, including open shift dates, critical shift dates, and other extra shifts that you do. These will be helpful for the grievances we have on Failure to Bargain and the Removal of Open Shift Incentives and failure to pay extra weekend.
  • Tell your manager how you feel about the sunsetting of our contract differentials.
  • Join the General Membership Meeting scheduled on April 14th, 2021.

We plan to meet with them again until a resolution is reached. Please reach out with your concerns and issues by emailing Local5138@hpae.org.

In Solidarity,

Anna Pona, President, Local 5138