AGREEMENT made and entered into this 25^th day of March, 2002, by and between the Trustees of Columbia University in the City of New York and the Columbia Affiliate at Harlem Hospital located at 135^th Street and Lenox Avenue, New York, New York, 10037 (herein after called the "Employer") and 1199 SEIU, New York's Health and Human Service Union with its offices at 310 W. 43^rd Street, New York, New York (herein after referred to as the "Union"), acting herein on behalf of the Employees of the said Employer, as hereinafter defined, now employed and hereafter to be employed and collectively designated as the "Employees".

WHEREAS, the Employer recognizes the Union as the collective bargaining representative for the Employees covered by this Agreement as hereinafter provided, and

WHEREAS, it is the intent and purpose of the parties hereto that this Agreement promote and improve the mutual interests of the patients of the Employer as well as of its Employees and to avoid interruptions and interferences with services to patients and to set forth herein their agreement covering rates of pay, hours of work and conditions of employment.

NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows:

1. The Employer recognizes the Union as the sole and exclusive collective bargaining representative of all of the employees in the bargaining unit(s) set forth in a stipulation (Stipulation I) between the Union and the Employer to be annexed hereto.
2. Excluded from each of the aforesaid bargaining units are supervisory, confidential, executive and managerial employees, physicians, dentists, registered nurses, students whose performance of work at the Employer is a part of the educational course of study such students are pursuing, part-time employees who work a total of one-fifth (1/5) of the regular full-time work week or less for the job classifications in which they work, temporary employees as defined herein, and such other Employees as are listed as excluded in the stipulations hereunto annexed. Effective October 1, 1992, any Employee hired to work one fifth (1/5) or less of the regular full-time work week for his/her classification shall be covered by the Agreement if he/she works more than sixteen shifts within any period of up to thirteen weeks. Bargaining unit coverage shall be retroactive to the first day of the thirteen-week period.

1. It is agreed that this contract shall apply and continue in full force and effect at any location to which the Employer may move. It is further agreed that this contract shall apply to any new or additional facilities of the Employer and under its principal direction and control within the five boroughs of New York City, Nassau, Suffolk and Westchester counties.
2. This agreement is binding on the Employer known by its current name and any future names and its successors and assigns, including but not limited to Harlem Renaissance Center or Generation Plus Network.
3. The Employer will provide the Union with seven (7) days notice subsequent to the completion of arrangements for all expansions, acquisitions, sales, new facilities, mergers within the five boroughs of New York City, Nassau, Suffolk and Westchester counties.

3. To the extent permitted by law, whenever the Employer hereafter shall enter into an Affiliation agreement with the City of New York, the Employer shall extend recognition to the Union hereunder for the Employees employed by the Employer under such affiliation and this contract shall apply to such Employees.
4. Whenever the word "Employee" is used in this Agreement, it shall be deemed to mean the employees in the bargaining unit(s) covered by this Agreement, as defined in Article I, Section 1 hereof.
5. At the time a new Employee subject to this Agreement is hired, the Employer shall deliver to said Employee a written notice that the Employer recognizes and is in contractual relations with the Union and quoting or paraphrasing the provisions of Articles 2 and 3 of this Agreement.
6. Part-time Employees covered by this Agreement shall receive fringe benefits, wage rates and wage increases hereunder on a pro rata basis.
7. The Employer shall prorate paid benefits (i.e., paid: vacations, holidays, sick leave, free days, leave for death in the family and paternity leave) based on the average number of hours actually worked per week in a six (6) month period. Part-time Employees shall not accrue benefits which are greater than those accrued by a full-time Employee in the same job who is regularly scheduled to work the normal full-time work week.
8. The provisions of the League-1199 agreement on Neutrality with respect to residual classifications and residual units are attached as Stipulation V.

1. All Employees on the active payroll as of February 1, 2002, who are members of the Union shall maintain their membership in the Union in good standing as a condition of continued employment.
2. All Employees on the active payroll as of February 1, 2002, who are not members of the Union shall become members of the Union within thirty (30) days after the effective date of this Agreement, except those who were required to become members sooner under the expired Agreement who shall become members on the earlier applicable date, and shall thereafter maintain their membership in the Union in good standing as a condition of continued employment.
3. All Employees hired after February 1, 2002 shall become members of the Union no later than the thirtieth (30^th) day following the beginning of such employment and shall thereafter maintain their membership in the Union in good standing as a condition of continued employment.
4. For the purposes of this Article, an Employee shall be considered a member of the Union in good standing if he/she tenders his/her periodic dues and initiation fee uniformly required as a condition of membership.
5. Subject to Article 33 an Employee who has failed to maintain membership in good standing as required by this Article, shall within twenty (20) calendar days following receipt of a written demand from the Union requesting his discharge, be discharged if, during such period, the required dues and initiation fee have not been tendered.
6. The Union agrees that it will indemnify and hold the Employer harmless from any recovery of damages sustained by reason of any action taken under this Article.

1. Upon receipt of a written authorization from Employee in the form annexed hereto as Exhibit A, or in any other form designated by the Union necessary to accommodate any changes in the 1199 dues or initiation fee structure, the Employer shall, pursuant to such authorization, deduct regular dues and/or initiation fees as established from time to time by the Union from the wages due said Employee. Such deduction shall start no later than the first pay period following the completion of the Employee’s first thirty (30) days of employment. The Employer shall remit to the Union all deductions for dues and/or initiation fees made from the wages of all Employees on or before the fifteenth (15^th) day of the month following the month in which paycheck was dated from which those dues and initiation fees were deducted.
   
   This remittance shall be accompanied by a list of all Employees on whose behalf dues and initiations fees are being paid. Such list shall include, for each Employee, the following information: Institution, employee’s name, social security number, job classification, amount of dues remitted, amount of initiation remitted, hours worked, gross pay, and total pay subject to dues deduction.
2. At the written request of the Union made in accordance with the provisions of this paragraph 2, the Employer shall deduct from the wages due an affected employee an amount stated by the Union to be unpaid dues and/or initiation fees. Such a written request for unpaid dues shall be made by the Union no more frequently than twice a year on January 1 and/or July 1. The Request shall include the name, social security number, amount of dues and/or amount of initiation to be deducted from the employee’s wages, and the number of installments by which the total shall be deducted.
   
   With the written Request, the Union shall send the Employer a copy of a letter that has been sent to each listed employee advising them of the Union’s dues and initiation fee policies, the amount of dues or initiation fees owed by the members, an explanation of the computation, and the procedure by which such unpaid dues and/or initiation fees shall be deducted by the Employer. The letter shall advise the employee to direct any question on this deduction to the Union. The Employer shall provide the Union with the name, title, and telephone number of the person to which Requests pursuant to this paragraph shall be submitted.
   
   The Employer shall make the first deduction pursuant to the request no more than thirty (30) days after receipt of the Request, and shall remit the deductions on the same schedule as set forth in #1 above.
   
   The Employer shall provide to the Union a separate list of all employees on whose behalf payments pursuant to this paragraph 2 are being made. Said list shall include name, social security number, and amount of dues and/or amount of initiation remitted.
   
   The limitation of submission of Requests on January 1 and July 1 shall not apply when an employee is a new hire from whom deduction of dues and/or initiation were not initiated timely. In such cases, deduction of dues and/or initiation by the Employer shall commence immediately on the Employer receiving written authorization.
   
   The Employer shall not be required to attempt to recover unpaid dues or initiation fees from employees who have terminated employment and received their last wages prior to the receipt of the Request.
3. Employees who do not sign written authorizations for deductions must adhere to the same payment procedure by making payments directly to the Union.
4. Upon receipt of a written authorization from an Employee in the form annexed hereto as Exhibit B, the Employer shall, pursuant to such authorization, deduct from the wages due said Employee each pay period, starting not earlier than the first period following the completion of the Employee’s first thirty (30) days of employment, the sum specified in said authorization and remit same to the Local 1199 Credit Union, or successor credit union, bank or other financial institution ("the Credit Union") to the credit or account of said Employee. If the Employer’s payroll system permits, such deductions shall be remitted to the Credit Union on each pay date via ACH or similar electronic funds transfer system, directly to the account of the Credit Union as designated by the Credit Union as to account number and place, for the benefit of each participant, with funds available in "US Funds" on the scheduled payroll date. Such transmittal shall contain for each participant, the name, social security number prefixed with a "0" (making a 10-digit number), description, Institution name, and Institution’s Credit Union ID.
   
   If an ACH transfer is not possible under the Employer’s payroll system, the Employer shall wire the funds to the Credit Union on each paydate to the account of the Credit Union as designated by the Credit Union as to account number and place, and shall at the same time e-mail to the Credit Union a file containing the same information as listed above, written in a common spreadsheet program or ASCII, together with the total of the funds that have been transmitted.
5. Upon receipt of a written authorization from an Employee in the form annexed hereto as Exhibit C, or in any other form designated by the Union and necessary to accommodate political action deductions, 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 the funds to the 1199 Political Action Fund, in the same manner and at the same time as the Employer shall remit dues and initiation as described above. This remittance shall be accompanied by a list of all Employees on whose behalf deductions are being submitted. Such list shall include, for each Employee, the following information: Institution, Employee’s Name, Social Security Number and amount remitted.
6. The Employer shall be relieved from making such ‘check-off" deductions upon (a) termination of employment, or (b) transfer to a job other than one covered by the bargaining unit, or (c) layoff from work, or (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 foregoing enumerated absences in section (b) – (d), the Employer will immediately resume the obligation of making said deductions, except that deductions for terminated Employees shall be governed by Paragraph 1 hereof. This provision, however, shall not relieve any Employee of the obligation to make the required dues and initiation payment pursuant to the Union constitution in order to remain a member in good standing of the Union.
7. The Employer shall not be obliged to make deductions of any kind from any Employee who, during any dues month involved, shall have failed to receive sufficient wages to equal the dues deductions.
8. The Employer agrees to furnish the Union each month within fifteen (15) days after the end of the month a listing in order of social security numbers of the names of all bargaining unit Employees paid at any time in the prior month, their addresses, social security numbers, classifications of work, their date of hire, and if terminated during the month, their date of termination; and names of bargaining unit Employees on leave of absence together with their beginning dates of leave of absence and type of leave.
9. Upon receipt of a written authorization from an Employee in the form approved by the 1199 Pension Fund Trustees 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 same to the 1199 Pension Fund as the monthly repayment of the Employee’s loan obtained from such Fund on or before the fifteenth (15th) day of the month following the month in which the paycheck was dated from which the deduction was made. It is specifically agreed that the Employer assumes no obligation, financial or otherwise as a result of compliance with this provision.
10. It is specifically agreed that the Employer assumes no obligation, financial or otherwise, arising out of compliance with the provisions of this Article, and the Union hereby agrees that it will indemnify and hold the Employer harmless from any claims, actions or proceedings by any Employee arising from deductions made by the Employer hereunder. The Union further indemnifies and holds the Employer harmless from any claims, actions or proceeding by any government agency or by any groups so long as such groups are not funded directly or indirectly by the Employer for the Political Action Fund. Once funds are remitted to the Union, their disposition thereafter shall be the sole and exclusive obligation and responsibility of the Union.
11. Any list required hereunder that contains in excess of twenty-five (25) names shall be transmitted to the Union or the Credit Union in electronic form in the format agreed to between the League and the Union. The Employer shall provide to the Union and the Credit Union the name, title, e-mail address, and telephone number of one person responsible for each separate dues/initiation remittance list to be submitted pursuant to this paragraph who can directly authorize and produce such electronic transmission.
12. The Union may process arbitration claims under this Article III before the Funds Arbitrator designated in Article XXV section (5), and pursuant to the procedures set forth in that section. No other sections of that Article shall apply.
13. Electronic Dues Transmission and Reporting:
    It is the agreement of the Employer and the Union to implement electronic transmission of dues remittances and reports and to streamline reporting requirements. The League and the Union will meet to discuss the most practicable implementation program to achieve this objective.

1. Neither the Employer nor the Union shall discriminate against or in favor of any Employee on account of race, color, creed, national origin, political belief, sex or age.
2. Sexual Harassment:
1. The Employer will instruct its supervisory and managerial staff that sexual harassment will not be permitted or tolerated.
2. Management and supervisory staff will receive regular periodic updates on sexual harassment policy, standards of acceptable (and unacceptable) behavior and consequences for violations of policy.

3. The Employer after notification to the Union shall be permitted to take all actions legally required to comply with the Americans with Disabilities Act.

1. No Employee shall engage in any Union activity, including the distribution of literature which could interfere with the performance of work during his/her working time or in working areas of the Employer at any time, except as provided in Article 32.
2. A representative of the Union shall have reasonable access to the Employer for the purpose of conferring with the Employer, delegates of the Union and/or Employees, and for the purpose of administering this Agreement. Where the Union representative finds it necessary to enter a department of the Employer for the purpose, he/she shall first advise the personnel office or the head of the Department or his/her designee in person, as the Employer shall state. A delegate intending to go to a department other than the one he/she represents shall follow the above procedure. Such visits shall not interfere with the operation of the Employer.
3. The Employer shall provide bulletin board (s) which shall be used for the purpose of posting proper Union notices. Such bulletin board (s) shall be placed conspicuously and at places readily accessible to workers in the course of employment.
4. The work schedules of Employees elected as Union Delegates shall be adjusted to permit attendance at regular delegate assembly meetings providing Employer operations shall not be impaired.
5. The Union will provide a listing of its representatives at member institutions, including delegates, to the Employer annually. In the event the Union changes its representatives at member institutions, the Union promptly shall notify the Employer, in writing, of such change.
6. Two employees will be granted release time to attend the League – 1199 negotiations for the agreement expiring in 2005, as observers for the Harlem Hospital 1199 unit.
7. Contract and Benefits Administration Program:
   The Employer and the Union have agreed to implement an employee released time program to provide for labor relations and benefits administration. Within thirty days following ratification hereof, representatives of the Employer and the Union shall meet to draft the language to implement this program. The preceding shall not apply following the end of the term of this Agreement, unless extended by mutual agreement of the Employer and the Union.

1. Subject to the Employer’s obligation to fill vacancies from referrals from the Job Security Fund Central Placement Office, the Employment Placement Service will be the sole source of referrals for all 1199 bargaining unit jobs for a seven (7) day period. This service will include referrals of agency and per diem workers. A priority consideration for employment will be given to qualified referrals. In emergency situations or cases where qualified agency or per diem workers are not available, the Employer may hire without going through the Employment Placement Service. Disputes will be subject to review by the Contract Interpretation and Policy Committee (process).
   
   The Employment Placement Service shall maintain a computerized bank of prospective employees from all sources, and shall maintain a validation process by which employee’s prior work performance, licensure and certification are verified.
2. Neither the Service in referring, nor the Employer in hiring, shall discriminate against an applicant because of membership or non-membership in the Union or any ground prohibited under Article 4 of this Agreement.
1. The Employer shall notify the Service of all bargaining unit job and training position vacancies including temporary and part-time vacancies and positions to which its laid off employees may be eligible for recall, and shall afford the Service seven (7) days from the time of notification (exclusive of Saturdays and Sundays) to refer applicants for the vacancy before the Employer hires from any other sources except from the Job Security Fund Central Placement Office. In referring applicants, after persons on layoff from the Employer have been recalled, and after Job Security Fund referrals, the Service shall refer persons as determined by the Director of the Employment Placement Service.

   * Where the Employer has an affiliated school or University program and where students do their practical work at the Employer, the Employer may offer vacant positions to said students at its discretion without referring to the Employment Service, notwithstanding para. 7, below.

2. Notwithstanding the foregoing, the Employer, after giving notice to the Service, may fill vacancies if it must fill the position without delay to meet an emergency or to safeguard the health, safety or well-being of patients, provided that such vacancy may not be filled on a permanent basis.

4. Notwithstanding the foregoing, and subject only to the mandatory hiring obligations from the Job Security Fund Central Placement Office, the Employer retains the right to hire such applicants referred by the Service as it deems qualified, in its sole discretion, and the right to hire applicants from other sources in the event the Service does not refer qualified applicants within seven (7) days, except that the Employer shall not, without giving a reason, reject an applicant (other than an Employee on layoff from the Employer) sent by the Service where the Service sends a minimum of three (3) applicants who have the minimum qualifications for the job and have at least three (3) years recent experience in the same or similar job with a League member.
5. Any applicant hired into a permanent job shall have a Certificate issued by the Employment Service. All applicants referred to the Employment Service by the Employer shall be issued a Certificate.
6. The Employer agrees to notify and utilize the Employment Placement Service, if established, in accordance with the procedure in this Article 6 for all short-term positions, including temporary positions, agency referrals, and positions for one-fifth (1/5) of the work week or less. In hiring short term workers for one-fifth (1/5) or less of the work week, the Employer may use other sources.

1. Newly hired Employees shall be considered probationary for a period of ninety (90) days from the date of employment, excluding time lost for sickness and other leaves of absence.
2. Where a new Employee being trained for a job spends less than twenty-five (25%) percent of his/her time on the job, only such time on the job shall be counted as employment for purposes of computing the probationary period.
3. The probationary period for a part-time employee whose regularly scheduled work week is less than three-fifths (3/5) of the regular work week applicable to his/her job classification shall be four (4) consecutive months.
4. Notwithstanding the foregoing, the probationary period for social workers including part-time social workers, as has been past practice, shall be six (6) months.
5. During or at the end of the probationary period, the Employer may discharge any such Employee at will and such discharge shall not be subject to the grievance and arbitration provisions of this Agreement.

1. A temporary employee is one who is hired for a period of up to three (3) months and is so informed at the time of hire, and who is hired for a special project or to replace an Employee on leave or vacation. The said three (3) month period may be extended by the Employer at its option up to an additional three (3) months or for the length of the leave of the Employee being replaced, whichever is greater. Such Employee shall become a member of the Union after the Expiration of the initial three (3) month period.
2. Temporary employees will receive holiday pay in the same manner as regular employees.
3. After three (3) months, temporary employees will begin to accrue vacation and sick leave beginning with the first day of the fourth month of employment. If, however, temporary employees are retained beyond six months in continuous employment, the accrual of vacation and sick leave will be from the first day of employment.
4. Contributions to the National Benefit Fund for Hospital and Health Care Employees on behalf of temporary employees shall commence after three (3) months of employment and shall cover the payroll periods beginning with the first day of the fourth month.
5. Contributions to the 1199 Pension Fund for Hospital and Health Care Employees and the Hospital League/District 1199 Training and Upgrading Fund will not be made on behalf of employees unless and until they begin permanent employment, in which case such contributions shall commence for the payroll period in which they are made permanent.
6. A temporary employee who has been employed three (3) months or longer shall be treated as a regular employee for the purpose of filling vacant or available permanent positions for which the employee is immediately qualified. A temporary employee who is retained as a temporary employee after the initial three (3) month period shall be entitled, when replaced by the returning employee, to bump an employee with less bargaining unit seniority, subject, however, to subsection 7(b) of Article 9.
7. The Employer agrees to notify and utilize the 1199 Referral Service or 1199 Agency, if established, in accordance with the procedure set forth in Article 6 for all short-term positions, including temporary positions, agency referrals, and positions for one fifth (1/5) of the work week or less. In hiring short-term workers for one fifth (1/5) or less of the work week the Employer may use other sources.
8. Prior to hiring temporary Employees to fill temporary positions, the Employer shall:
1. Offer the position to Employees with layoff/recall rights;
2. Offer the position to 1199 members in the City-wide layoff pool;
3. Offer additional hours to incumbent part-time Employees in the classifications by seniority, provided they commit to covering the entire assignment for the duration of the opening. Said part-timers shall have the right to return to their former positions at the end of the temporary position;
4. Utilize the Employment Service; or
5. Utilize the 1199 Referral Service in #7 above, if established, which shall provide staff for short-term need at competitive rates;
6. Offer overtime to incumbent Employees if practicable.

9. An agency worker may be used to fill a temporary position as defined herein if the Employer is unable to fill the temporary position from the sources listed above.

1. The Employer shall fill vacant positions (positions for which the Employer is actively recruiting for which no Employee at the institution has exercised rights under the agreement and after the position has been submitted to the City-wide layoff pool and the Employment Service) in the following order:
1. Offer the extra hours to incumbent part-timers by seniority who will commit to covering the entire assignment for the duration of the opening;
2. Offer overtime where practicable;
3. Use agency workers under the following conditions:
1. Use of agency workers shall be permissible for one three (3) month period (October 1, 1992 to September 30, 1993) or thereafter for only one two (2) month period for each specific vacancy as defined in (a) above.
2. If an agency Employee is used to temporarily fill a vacant position beyond the aforementioned time period, the Employer shall either place such Employee on its payroll or employ another person. The Employee will be covered by the collective bargaining agreement effective on the first day after the time limits in (i) above.
3. There shall be no extension of these time limits.

2. In the event of an emergency vacancy of up to five (5) business days or less due to bereavement leave, illness or emergency family care, the Employer shall have the right to use agency Employees if the position cannot practicably be filled by a part-time Employee or by use of overtime.
3. At the end of said two (2) or three (3) month period for filling vacancies, or five (5) days for emergency leave or three (3) months filling a temporary position, agency workers shall be removed from agency payroll and placed on the Employer payroll as bargaining unit members. Subject to this section, agency workers hired to fill vacancies, vacations, special projects, emergency leaves or temporary positions are not in the bargaining unit.
4. If areas of frequent utilization of agency Employees are determined, the Employer and the Union shall undertake training initiatives to fill vacancies by use of in-house staff. Such initiatives shall include jointly notifying the Training Fund to undertake training programs for said shortage areas, including training workers in multi skills and for particular classifications. The institution agrees to make space available on-site or assist in locating space in the area of the institution.

1. Definition
1. Bargaining unit seniority is defined as the length of time an Employee has been continuously employed in any capacity in the Employer.
2. Classification seniority shall be defined as the length of time an Employee has worked continuously in a specific job classification within a Department.

2. Accrual
1. An Employee’s seniority shall commence after the completion of his/her probationary period and shall be retroactive to the date of his/her last hire.
2. Bargaining unit seniority shall accrue during a continuous authorized leave of absence without pay up to twenty-four (24) months or for the period of maternity leave, provided that the Employee returns to work immediately following the expiration of such leave of absence; during an authorized leave of absence with pay; during a period of continuous layoff not to exceed the lesser of twelve (12) months or the length of an Employee’s continuous employment, if the Employee is recalled into employment; and during a sick leave of up to twenty-four (24) months .
3. Classification seniority shall accrue during the periods specified in (b) above and during the time an Employee works in a specific job classification.
4. Temporary Employees, as defined in Article 8 shall have no seniority during the first three (3) months they occupy the status of temporary Employees, but if employed longer than three (3) months or should any temporary Employee become a permanent Employee, than his/her seniority shall be retroactive to the date of employment, except as otherwise provided in Section 4 (c).
5. Part-time employees who are regularly scheduled to work three-fifths (3/5) or more of the regular work week applicable to his/her job classification shall accrue seniority as set forth in (a), (b) and (c ) above. Part-time employees who are regularly scheduled to work less than three-fifths (3/5) of the regular work week applicable to his/her job classification (except those employed as of September 30, 1974 whose seniority shall be governed by the provisions of the contract expiring September 30, 1974, shall accrue seniority in accordance with the following formula:

   Length of service

   X

   (Straight time hours paid) / (Number of hours constituting the regular work week)

   
   For purposes of computing vacation entitlement, however, all part-time employees shall accrue seniority as set forth in (a), (b) and (c ) above.

3. Loss of Seniority
   
   An Employee’s seniority shall be lost when he/she:
1. Terminates voluntarily.
2. Is discharged for cause.
3. Willfully exceeds an official leave of absence.
4. Is laid off for a period of twelve (12) consecutive months or a period exceeding the length of the Employee’s continuous service, whichever is less.
5. Fails to return to work on a recall from layoff, within a reasonable time after the Employer has sent notice to him/her to return by letter or telegram to the last address furnished to the Employer by the Employee, unless the Employee has a valid reason for inability to respond.

4. Application
1. Bargaining unit seniority shall apply in the computation and determination of eligibility for all benefits where length of service is a factor pursuant to this Agreement.
2. Henceforth all layoffs and recalls will be by bargaining unit seniority within classification or groups. The Employer shall adopt recommendations of the Committee established in paragraph 2 (h) of the League/1199 Memorandum of Agreement, dated September 17, 1994, as agreed to by the League and the Union.
3. Classification seniority shall apply in layoffs and recalls and for scheduling of vacations as herein provided.
4. Employees specifically covered by this Agreement as set forth in the stipulations referred to in Article I, Section 1(a), more than 50% of whose pay is charged to a special or non-budgetary fund and who are informed at the time of their hire or at the time of transfer that their employment is for a special non-budgetary or research project and subject to this provision, shall, for the purposes of layoff, be considered to have classification seniority which may be exercised only within the project or grant to which assigned. Such Employees shall be considered to have bargaining unit seniority for purposes of transfer or recall to a vacant position outside of the special project, provided in each case that the Employer determines that the Employees retained or recalled have the ability to do the work. Such determination by the Employer shall not be arbitrary.
   
   Employees, 50%, or more, of whose pay is charged to an Employer’s budget shall be considered as having seniority on that basis and not under a grant.

5. Layoff
1. In the event of a layoff within a job classification or group, probationary Employees within that job classification or group shall be laid off first without regard to their individual periods of employment. Non-probationary Employees shall be the next to be laid off on the basis of their bargaining unit seniority.
2. A non-probationary Employee shall not be laid off if, at the time of the prospective layoff, temporary or agency employees are being utilized in the Employee’s classification or group (where applicable) and the Employee accepts the same assignments and schedule as the temporary/agency employee(s) in lieu of layoff. At the time of layoff, it shall be the Employee’s option as to whether to accept such assignment or exercise rights under Article 9 (Layoff) and Article 9A (Job Security). If the Employee accepts such assignment, the Employee is not laid off and remains an Employee with recall rights commencing from the date the Employee starts such assignment.
   
   The Employer shall use best efforts to consolidate temporary, agency and less than one-fifth work schedules to create regular positions for Employees who would otherwise be laid off.
   
   Upon request, at the time of layoff, the employer shall provide to the Union an updated schedule of all temporary and agency employees and one-fifth or less Employees in the relevant classification(s).

2. In the event an Employee is scheduled to be laid off in one Department and there exists a vacant position in another Department which the Employee has the ability to perform, then bargaining unit seniority shall prevail in assigning such Employees scheduled to be laid off to such vacant jobs. This provision is not intended to circumvent paragraph 8 of this Article.
3. If a part-time Employee has greater full-time equivalent seniority than a full-time Employee in the same classification who is to be laid off, the part-time Employee must be willing to accept full-time employment to continue working.
4. Displacement

1. Order of Displacement for protected employees;
1. When a job of a protected Employee is eliminated the Employee subject to displacement is the Employee with the least bargaining unit seniority in that classification on that shift within that Department. This provision applies only when the protected displaced Employee can exercise the choices set forth below, (If a displaced Employee is unprotected, his/her rights are governed by Section 5 (a)-(c).)
2. The displaced protected Employee as defined above has two options:
1. The right to take a vacant position in his/her classification or group (where applicable) which the Employee is qualified for and can perform.
2. To bump the least senior Employee in the classification, provided such bumped Employee is qualified for and can perform the vacant position or be laid off.

3. Nothing herein diminishes the employment protection of a protected employee, unless he/she refuses a vacant position hereunder.

2. Incentive for protected Employees displaced into jobs that pay at least $50 below former weekly rate:
   1. Choice A – one time offer at point of displacement
   1. Super severance package – subject to budget cap/allocation determined by the parties and will be made available to displaced Employees for a limited period of time.
   2. JSF option

   2. Choice B – arises when or after Employee refuses Choice A.
   1. Retraining (Employee retains salary of the job from which he/she was originally displaced – including increases – and his/her protected status)
   1. Employer originated (if provided) – upgrade from present job
   2. Retraining opportunity through the TUF (or JSF) in programs developed by the TUF (or JSF) Trustees which are available to TUF or JSF participants that provide training which will qualify the Employee within 12 months for a job in which employment is available in the industry, that will be a promotional opportunity for the displaced employee from his/her present job. Examples of such programs include but are not limited to:
      • Tuition Assistance (up to six (6) credits per semester)
      • Discrete training programs
      • Scholarships

   2. Promotional opportunity from displaced job (not paid salary increase unless promotional opportunity salary is higher than original salary)

   Refusal of (1) or (2) of Choice B results in lay off.
   
   Pay will be maintained during the retraining program. If the Employee fails to successfully complete the program in the time allotted, his/her salary guarantee will continue; the Employee will not be retraining and there was no "Misconduct" – poor attendance, failure to complete assignments (or other objective criteria determined by TUF) he/she must then accept retraining to avoid a reduction in pay, If TUF determines there was Misconduct, the Employee’s pay will be reduced to the job rate of the Employee’s current position. In the event the Employee fails to successfully complete the program a second time, the Employee’s current position.

3. An unprotected Employee whose job is eliminated shall have layoff rights under Section 5 (a) – (c).

6. Recall
1. Whenever a vacancy occurs in a job classification, Employees who are on layoff in that classification or group shall be recalled in accordance with their bargaining unit seniority in the reverse order in which they were laid off. If a vacancy occurs in a job classification or group where no Employee in that classification has recall rights, then the laid off Employee with the most bargaining unit seniority will be recalled if he/she has the ability to do the work, and if not, the next senior Employee will be recalled, and so on.
2. Probationary Employees who have been laid off have no recall privileges.
3. A part-time Employee on lay off shall have recall rights to a full-time position only if he/she is willing to work the required full-time schedule of hours.

1. It is agreed in principle that for the purpose of applying seniority to recalls and to vacant positions and to layoffs, Employees in job classifications of similar types and requiring similar skills shall be grouped together.
2. The University shall use its best efforts to place permanent Employees designated to be laid off into vacant positions for which they are qualified if they can fully perform the job.
3. In the event of a layoff of any Employee, there shall occur only one "bump" in the Employer. The only employee who may be bumped by the Employee originally scheduled to be laid off shall be the Employee with the least bargaining unit seniority who is in the classification or group (where applicable). An Employee who is "bumped" shall himself have no bumping rights.

8. Promotions
1. Where a promotional vacancy in a bargaining unit job occurs, the Employer shall post a notice of such vacancy on the bulletin boards it ordinarily uses for notices to bargaining unit Employees for a period of not less than three (3) working days excluding weekends and holidays before the vacancy is filled. Where two or more Employees are under consideration for such vacancy, the Employer shall promote the Employee with the greatest seniority, unless as between or among such Employees there is an appreciable difference in their ability to do the job. Where an emergency exists, the Employer may dispense with the posting requirements. Disputes under this provision shall be subject to the grievance and arbitration provisions of the Agreement.
2. An Employee who is promoted shall, upon promotion, receive an increase equal to the difference between his/her prior rate and the minimum rate for the job which he/she is promoted or ten dollars ($10.00) per week, whichever is greater (prorated in the case of part-time employees).
3. An Employee who is promoted shall serve the same probationary period on the new job as a new hire. If he/she is removed from the new job during the probationary period, he/she shall be returned to his /her former job without loss of seniority or other benefits, excepting that if he/she is discharged, his/her rights shall be subject to Article 31 of this Agreement.
4. A bargaining unit job vacancy shall, as to any Employee under consideration for such vacancy, be deemed a promotion if the difference in minimum rates between the job occupied by the Employee and the job in which a vacancy exists is at least five ($5.00) dollars per week, or if the vacancy exists within a job classification (for example, a Staff to Senior title, "A" to "B", "I" to "II"). If the new job in which the Employee is placed is considered a promotion under the foregoing provision, he or she shall receive the guaranteed increase as set forth in paragraph 8 (b). If the new job in which the Employee is placed is not considered a promotion under the foregoing, the Employee shall receive either his or her present salary or the minimum rates for the new job, whichever is higher.

9. Lateral Transfer
   
   Where a vacancy occurs in a bargaining unit job (other than a promotional vacancy), any Employee with a satisfactory work record and with at least one (1) year of service in his/her present job may request, in writing, a transfer to fill such a vacancy provided that the Employee has the necessary qualifications to perform the job and provided further that such transfer will not unreasonably reduce the operational efficiency of any department. Where two (2) or more Employees request such transfer in writing, the Employer shall transfer the Employee with the greatest seniority, unless as among such Employees there is an appreciable difference is their ability to do the job.
10. Promotional and Lateral Transfers
    
    For the purpose of promotions and lateral transfers where two or more employees have the same classification seniority, bargaining unit seniority shall prevail unless as between these employees there is an appreciable difference in the ability to do the job.
11. Consolidation of Departments and Mergers
1. When institutions consolidate departments in separate locations which are represented by 1199, the following terms shall apply to Employees of the affected departments:
1. Employee transferred from one location to another shall carry their bargaining unit seniority.
2. Employees shall be eligible for vacancies and promotional opportunities in the consolidated department(s) based upon their bargaining unit seniority
3. Employees shall carry their protected status from one location to another.
4. An Employee who transfers as the result of a department consolidation shall suffer no reduction in base weekly salary. In addition, she/he shall receive contract increases in base weekly rate. Step increases shall be up to the amount(s)which bring the Employee to the pay step for someone of his/her experience at the new location.
5. The Employee shall retain all time off accruals (e.g. sick, vacation, personal, holiday).
6. Except as provided above, Employees transferred from one location to another shall be bound by the terms and conditions applicable at the new location.
7. If there are differences in terms and conditions among the current locations, and a new location is established, the parties shall negotiate which of these terms and conditions apply at the new location.

2. An Employee who would be laid off shall be eligible for placement and/or recall into a bargaining unit vacancy, after internal transfers, promotions and recall rights, if any, at a merged institution. The placement of an Employee subject to lay off shall be for a vacancy in the same classification or group (where applicable)which is part of the bargaining unit at the institution where the vacancy exists. In addition, the Employee must be qualified and able to perform the vacant job according to the standards at the institution where the vacancy exists. An Employee who is placed into a job pursuant to this provision shall carry his/her bargaining unit seniority, time off accruals and recall rights, and will suffer no reduction in base weekly salary. Step increases shall be up to the amount(s) which bring the Employee to the pay step for someone of his/her experience at the new location.

12. HHC Affiliations
1. When an HHC Affiliation contract is terminated or its funding reduced, HHC Affiliation Employees who otherwise meet the criteria for protected status may be laid off subject to the following rights (including the JSF one year extension of benefits based on JSF certification of eligibility);
1. Employee must accept offer of "rollover" if at current salary, or be laid off.
2. If (1) does not apply the Employee shall: (a) be eligible for a bargaining unit vacancy at the parent institution, its HHC affiliations or merged institution (consolidation, paragraph (b)) in his/her classification or group (where applicable), provided the Employee is qualified and be able to perform the vacant job according to the standards of the new Employer, (b) maintain his/her salary if placed in the same job classification or group (where applicable); where the new job is in a lower classification his/her salary will be reduced by the difference between the two minimum rates (same as per agreement re: grants and programs), and (c) retain seniority rights, accrued time off benefits and have recall rights at the above institutions for up to two (2) years in the Employee’s classification of group (where applicable).

2. The saving to the HHC affiliation from such lay offs shall not exceed the loss of funding that precipitated the lay off.

1. The Employer shall become part of the League and Archdiocese Job Security Fund as per paragraph 1, Article 9 (A) (Job Security) of the League contract and shall thereafter abide by all the rules of the Job Security Fund in the same manner as League Employers and nursing homes.
2. Employment Security
1. All regular full-time and part-time Employees who, as of February 1, 1998 have completed twenty-four (24) months of membership in an 1199 bargaining unit at Harlem Hospital, shall not be laid-off during the term of this Agreement. This provision shall not apply in the event that Harlem Hospital is closed or an externally funded grant or program is discontinued, in which event only those Employees (as defined in Article 9, Section 4, c) whose positions have lost funding will be affected.
2. As applied to part time Employees, the salary guarantee contained in Section 3, paragraph (b) of the prior MOA means that the Employee’s annual actual hours, excluding overtime, shall not be reduced below such hours for the twelve (12) month period ending February 28, 2002, nor shall the Employee’s current hourly rate as modified by Article 10, Section 2 (Wage Increases) be reduced.
3. This is to clarify that a period or periods of (a) part time status, (b) paid or unpaid LOA (s), (c) employment in an externally funded grant or program, and/or (d) non-bargaining unit status during an Employee’s twenty-four (24) month period of membership in an 1199 bargaining unit at the institution covered by that MOA, does not disqualify such Employee from protected status, provided the Employee otherwise qualifies under that section, except that an Employee on an unpaid LOA on November 21, 1995 must have returned to work at the end of the LOA and worked for a period of 90 days following such return.
4. In the event the Employer transfers an Employee covered by the employment guarantee to a lower rated position or reduces his/her hours, the Employee's base weekly salary will not be reduced during the term of this Agreement.
5. In the event that Harlem Hospital is faced with a severe economic downturn placing Harlem Hospital in jeopardy of closing and requiring the reduction of its staff, the issue of appropriateness and number of layoffs will be determined by the Contract Interpretation and Policy Committee, in accordance with all the procedures set forth in Article 40. In such event, the laid off Employees shall be covered by all the provisions of the Job Security Fund.
6. Externally Funded Grants or Programs
   
   Employees who otherwise meet the criteria for protected status and whose pay is one hundred percent (100%) externally funded by a grant or program, may be laid off with recall rights of up to two (2) years (and the JSF one year extension of benefits based on JSF certification of eligibility) in the event of a partial or full loss of funding from the grant or program. The savings to the grant or program from such layoffs shall not exceed the loss in external funding.
   
   Employees who otherwise meet the criteria for protected status whose pay is less than one hundred percent (100%) externally funded by a grant or program have full protected status under this Article IXA(A).
   
   If there is an available vacant position¹ outside the grant or program in the Employee's classification or group (where applicable), the Employee must accept that position or be laid off. If there is no such position, the Employee's may bump the Employee with the least bargaining unit seniority in the Employee's classification or group (where applicable), excluding Employees working under any other externally funded grants or programs.

¹ The phrase "available vacant position" in the externally funded grants or programs provision includes bargaining unit positions of a merged institution.

2. Job Security Fund
1. The Union and the Employer agree to participate in the 1199 Job Security Fund program in order to place Employees threatened with layoff in vacancies and retrain those who cannot immediately be placed.
2. In the event that a layoff cannot be avoided, this program is intended to assist the institution in retaining trained Employees within the member institutions regardless of the circumstance of any particular member. All regular full-time Employees who have completed their probationary period and part time employees as set forth below shall be eligible for this program. In no case, however, shall an Employee be entitled to supplemental income for a period longer than his/her length of employment.
3. Part-time Employees who have completed their probationary period will be covered by the Job Security Fund in the event of lay-off, provided the following:
1. A part-time Employee must be eligible to receive unemployment insurance. All part-time Employees eligible to receive unemployment insurance who are laid off are eligible for Job Security funding provided they have served for a minimum of ninety (90) days and have worked a minimum of seven (7) hours per week (35 hour work week) or 7-1/2 hours (37-1/2 hour work week). Laid off part-time Employees who satisfy all the conditions set forth at subsection (6)(a) of this Article IXA(B) shall be eligible for Job Security payments until the expiration of this Agreement, or for two years, which ever is greater, but not to exceed the period of the Employee’s continuous service.
2. Any part-timer who is laid off and is not eligible to receive Job Security payments will be entitled to participate in the hiring process.

1. The JSF will be financed by an Employer contribution equal to one-quarter percent (.25%) of gross payroll of the Employees for the preceding month exclusive of amounts earned by the Employees during the first two (2) months following the beginning of their employment.
2. If the Fund balance reaches a five million dollar level for League institutions the requirement to pay .25% of gross payroll shall be discontinued and shall only be re-instituted if the amount falls below $5 million.
3. During the period of this Agreement if the assets of the JSF fall below one million dollars ($1 million) an amount equal to one (1) month of PF contributions shall be paid to the JSF and no contribution will be required to be made to the Pension in that month.
4. As the JSF balance for League institutions currently exceeds $5 million, the requirement to contribute .25% shall be suspended from February 1, 2002 through April 30, 2004. During that period, an equivalent payment shall be made monthly to the P&P Fund in lieu of JSF contributions; provided however, that the JSF actuary shall review the status of the Fund at six month intervals with reference to its financial condition and actual, pending and projected layoffs and shall notify the parties if he/she determines that the combined balance for League institutions is projected to fall below $5 million over the next six months, in which event the diversion of contributions to the P&P fund will be discontinued and regular contributions to the JSF will resume. In any event, no later than May 1, 2004, section 4(b) shall be suspended and JSF contributions will resume, unless otherwise agreed by the parties.
5. Effective May 1, 2004, the diversion of the one-quarter percent (0.25%) JSF contribution will be discontinued and regular JSF contributions will resume, unless the President of the League and the President of the Union agree otherwise.

5. The Job Security Program will be implemented in the following manner:
1. Institutions which, for economic or other reasons, must retrench Employees in any title represented by the Union agree to provide thirty (30) day notice.
2. Every affected Employee will be immediately referred to the JSF for evaluation and counseling. Any affected Employee shall have the right to a vacant job in the same classification or group (where applicable) in any member institution.
3. During the notice period, the Employer will make every effort to find comparable employment at the institution.
4. Once the JSF and the Union have been advised of a layoff at any member institution, and the JSF has so advised other member institutions, no member institution may hire into that title without first allowing the JSF to make the job available to Employees subject to layoff. If there is more than one job available in a classification, an Employee may choose where to be placed. If more than one Employee selects a job, Employees shall be placed in seniority order.
5. Employees who are placed in another member institution shall retain their recall rights and their seniority for the purposes of benefit entitlement.
6. During the notice period the Employee will be entitled to attend any interviews scheduled by the Placement Service without loss of pay.
7. If the Employee is not hired during the notice period, he or she will be referred to the JSF, for evaluation and placement in an appropriate training program if applicable.
8. A laid off Employee who complies with the rules and regulations of the JSF, including participation in training as determined by the JSF Trustees, shall (1) be entitled to receive SUB payments and benefits, and (2) retain industry placement rights as well as recall rights to his/her own institution for the length of time the Employee is eligible for JSF benefits, but not to exceed the period of the Employee’s continuous employment. (See paragraph 6(a) below.)
9. If Employees in the Job Security Fund are required to take an available position on a shift which presents a serious hardship, they may appeal such requirement to the Trustees of the Job Security Fund. An employee in training through the Job Security Fund, who is required to take a vacant position in the industry, may seek approval to continue training until such training is completed from the Fund Director, with the approval of the Trustees.
10. In no case will the training program be scheduled to last longer than one (1) year except (i) when the Employee has been admitted to a regular Training and Upgrading Fund Technical or Professional Training and Upgrading Program; or (ii) the JSF Executive Director may approve training for up to two (2) years where she/he determines such training is necessary to make the individual reemployable in an appropriate job.
11. It is the intent of the job security program to substantially supplement the unemployment income received by a laid off worker who is attending a training program to the maximum extent available from the designated funds as determined under Section 6(a) of this Article.
12. In the event a major facility, affiliation contract or grant program closes or terminates, the availability and amount of this stipend benefit shall be determined by CIPC.
13. No Employee facing layoff or actually unemployed will be required to take a job at an institution farther than the greater of (i) one (1) hour (average NYC travel time) from their home; or (ii) his/her average commuting time to the job from which he/she was laid off.
14. If an Employee refuses to take a job within reasonable travel time of his/her home, he/she shall be removed from the industry-wide pool and be precluded from receiving supplemental unemployment benefits, but shall retain full recall rights to his/her own institution.
15. An Employee hired under this program will serve a thirty (30) day probationary period.
16. The severance pay of an Employee laid off under this program who is hired by another institution with no break in service will be paid to the hiring institution. If such an Employee is laid off within one year and hired by another institution with no break in service his/her severance pay will be paid to the hiring institution.
17. The Union and the Employer will seek the assistance of the New York State Departments of Labor and Health, the New York City Department of Employment and the US Department of Labor to help fund the education and training and re-training components of the Job Security Program.
18. Other 1199 Employers may join the program if they agree to the above conditions subject to the approval of the League and the Union.
19. Anything to the contrary herein notwithstanding, for purposes of the mandatory placement provisions of this Article only, the terms "member institution", "institution", "League institutions" or "employer" shall include, in addition to Employers participating in the program pursuant to collective bargaining agreements with 1199, any other employer which has entered into a subscription agreement with the P&P Fund agreeing to parallel reciprocal placement rights.

6. In order to implement the job security provisions set forth in paragraphs 1 through 5 of this Article, the League and the Union have agreed to the following provisions supplementing paragraphs 1 through 5.
1. Economic Provisions
   
   Under the Job Security Program, a laid-off Employee will be entitled to up to 80% of his/her salary and health coverage for themselves and their families under the NBF under the same conditions that prevail in the present Agreement, as determined by the Contract Interpretation and Policy Committee in accordance with the procedures set forth in Article XXXI(B), provided that the maximum period of time for which any covered employee may receive JSF payments and benefits shall be until the expiration of the Agreement, or two years, which ever is greater, but not to exceed the period of the Employee’s continuous service, unless he/she fails to pursue JSF referrals, refuses to enroll in JSF recommended training, or turns down appropriate job offers, at which time the Executive Director may terminate benefits. The League and Union hereby direct the Administrator to promulgate appropriate rules to ensure full compliance with JSF regulations.
   
   
   1. The amount of the SUB under this Article IXA(B) will be determined in accordance with the following schedules, unless modified by the Trustees of the JSF.
      
   1. Full-Time Employees

      	Weekly Amount of SUB (While NYS Unemployment payments are being received)	Weekly Amount of SUB (After NYS Unemployment Ins. payments cease).
      Average weekly pay less than $600	$100	$325
      $600 but less than $750	$125	$350
      $750 or more	$150	$375

   2. Part-Time Employees

   FIRST:	Determine the Full-time SUB benefit for the Employee's position using the chart in subparagraph (1) above.
   SECOND:	Multiply the applicable full-time SUB payment by this ratio: (Average weekly pay) / (Full time minimum weekly rate for Employee's position)

   The SUB for a part-time Employee shall not exceed the SUB payable to a full-time Employee laid off from the same position. If the average weekly earnings of a part-time Employee exceed the full-time minimum weekly rate for his/her position, he/she shall receive SUB benefits calculated under subparagraph (1) above.

   3. SUB payments shall commence when monies from unemployment insurance, severance and accrued leave benefits (e.g., vacations, holidays, accrued sick leave where provided by past practice, etc.) cease to replace one hundred percent (100%) of the affected Employee's pre layoff weekly salary on an after tax (adjusted for FICA) basis.
   4. For the purposes of this paragraph 6(a) only, average weekly pay shall mean the Employee's gross pay averaged over the prior 52 weeks or period of employment if less than 52 weeks.

   2. National Benefit Fund Coverage

   Coverage under the National Benefit Fund (NBF) will be provided by the JSF for up to the duration of the Agreement or up to two years whichever is longer, pursuant to this paragraph 6(a) of Article IXA(B). JSF payment for NBF coverage will commence when NBF coverage would otherwise cease due to layoff so that there is no break in coverage for the Employee and dependents. The JSF shall pay the NBF at the current Employer contribution percentage based on the individual's average weekly pay at the time he/she was laid off.

2. Administration of Job Security Fund
1. The Trustees of the JSF, in addition to the monies received from Employers, shall attempt to secure such additional funds as may be available from public or other private sources. In addition, the Trustees shall seek community cooperation in such programs.
2. The JSF shall set up a completely separate job security program for other employers who agree to contribute to the JSF, provided there is a total and complete legal segregation of funds and entitlement to monetary and other job security benefits to be provided or administered by the JSF.
3. The League shall be entitled to designate nine (9) JSF trustees, two (2) of whom will be from Employers who are not members of the League but are in the League Pool of the JSF and one of whom shall be from the Archdiocese. Other employers who are not in the League Pool will have the right to elect up to two trustees with authority limited to dealing with the benefits to be provided to Employees of such other employers. The Union shall be entitled to designate nine (9) trustees to correspond to the nine (9) designated by the League, and two (2) trustees to correspond to the two (2) designated by other employers.

3. Other Provisions
1. Job Classification, Minimums, Grouping and Right to Vacant Positions
1. In accordance with the provisions below, there shall be mandatory hiring if employee is in same classification or group, subject only to probationary period for evaluating performance (See subparagraph (vi), below) and providing on-the-job training as necessary.
   
   The right of an affected Employee to a vacant job in the same classification or group in any Member institution under Article 9A, B 5(b), means the right to a vacant job in either the same job classification if it exists at the other Member institution, or group where applicable, under subparagraphs (2) or (3) below. Employees shall be accorded the same orientation provided to new hires in that classification. Job classification includes job title and job description which, in turn, includes duties and minimum qualifications and requirements.
   
   An Employee must meet the minimum qualifications and requirements of the vacant job which the new Employer applies to promotions and new hires, except the requirement of a high school diploma or its equivalency for Entry Level Jobs. Entry Level Jobs means job classifications with full time minimum weekly rates of pay no greater than five dollars ($5) above the lowest full-time minimum weekly rate under this Agreement. Also, Employees shall be accorded the same orientation provided to new hires in that classification.
2. The following two (2) JSF job classification groupings shall apply to all Employers² for job security fund purposes.
   • All entry level non-skilled jobs: Uniform service/maintenance: Included but not limited to the following: Housekeeping, waxer and stripper, dietary worker, dietary clerk, potwasher, cook's helper, central supply attendant, soiled laundry handler, laundry worker, mailroom clerk, groundskeeper, presser, washer, painter's helper, carpenter's helper, trades' helper.
   • Uniform clerical entry jobs and clerical jobs whose minimum rate is $20 or less above the entry level minimum; i.e., clerk, clerk typist, mail room clerk, admitting clerk, receptionist, ward clerk, accounting clerk, etc. except those requiring specialized skills.

   The League and the Union agree to meet to prepare appropriate modifications to the above JSF lists.

   ² It it is understood that Columbia University Harlem Hospital Affiliation does not employ any person in any of these titles.

3. In addition, an affected Employee shall also have the right to a vacant job which, by past practice, an Employer has previously grouped with the Employee's job classification for such Employer's purposes of layoff and recall, except where such other job classification has since been materially modified in a way that renders the prior grouping inappropriate. These groupings shall be memorialized in writing on an institution by institution basis.
4. An Employer may not hire into a vacancy in the same job classification or grouped job classification (where applicable) without first allowing the JSF to make the job available to Employees subject to layoff. The Employer shall be deemed to have made the job available to the Employees subject to layoff if after notification from the JSF it affords the JSF seven (7) working days from the time it notifies the JSF of a vacancy to refer applicants before it hires from other sources. With respect to any given job vacancy, there shall be only one seven (7) working day period during which the Employer may not hire from other sources. However, Employees in the same job classification who become subject to layoff shall have the right to such vacant job during the seven (7) working days immediately following the foregoing seven (7) working day period unless the Employer has made a commitment to hire another individual for such vacancy before the Employee is referred to the Employer by the JSF.
   
   The parties agree to use the arbitrator designated by the Union and the League to resolve disputes, on an expedited basis, grieving alleged violations of the "mandatory match" provisions of the Job Security Fund Article, and further agree to be bound by the following procedure for such cases:
If an individual is referred by the Job Security Fund pursuant to Article 9A, and rejected for employment by the employer, and if a challenge to the rejection is filed by the Union in writing with the Personnel Director or Administrator of the employer, or his/her designee, the employer will review its decision within five (5) business days of receipt of that challenge ("the Review Period"). If the matter is not resolved within that time period, it may be referred by the Union to the mandatory match arbitrator who will hear the matter on the next scheduled hearing date, but not later than fifteen (15) calendar days after the Union submits it to arbitration. The arbitrator will, if possible, decide the issue upon the close of the hearing. In no event shall the award be rendered later than the forty-eight (48) hours thereafter as set forth in the Memorandum of Agreement.

It is our intention that these hearings will be handled expeditiously, and the parties are encouraged to be represented by those with relevant information, rather than by legal representatives. Unless approved by the arbitrator, the presentations should normally be limited to one hour per side and the parties will not file briefs or otherwise delay the resolution of these issues.

The Job Security Fund will have full access to all relevant information and cooperation from Human Resources Departments and 1199 chapter job committees for maximum placement of laid off employees.

2. Bumping Or Transfer To Vacant Position
   
   An Employee who refuses a vacancy or refuses or fails to exercise his/her bumping rights, shall not be covered by the JSF provisions of this Article 9A(B) provided, however, such coverage shall apply to Employees who fail to bump or accept a vacancy within their bargaining unit^***** if the minimum rate for the new job is more than seven and one-half percent (7.5%) less than the minimum rate for their current job and to full-time Employees who decline to bump into or to accept a part time position. This paragraph is without prejudice to and shall not be used in any proceeding interpreting any issues concerning rights and duties under the layoff and recall provisions of this Agreement (e.g. issues such as whether the Employee must accept a vacancy to avoid layoff).

^{*****Bargaining unit means the bargaining unit set forth in the Employer's individual bargaining units stipulation.}

3. 30 Day Notice of Layoff
   
   The thirty (30) day notice of layoff provided in paragraph 5(a) of this Article 9A(B) means that the Employer must meet the following notice requirements before effectuating a layoff pursuant to the Job Security Program.
1. It shall give thirty (30) days notice to the Union, the JSF and the Employee whose position is being eliminated.
2. Within seven (7) working days of the notice in paragraph (1), the Employer shall notify the Employee of a suitable vacancy or of his/her bumping rights, if any, and the Employee must exercise his/her right to bump or fill such vacancy within two (2) working days or forfeit such right.
3. Within one (1) working day of the Employee's notice that he/she has exercised his/her right to bump, the Employer shall notify the Employee who has been bumped that he/she is to be laid off. On the same day, the Employer shall notify the JSF and the Union of the Employee who is bumped.
4. Notices by the Employer to Employees under these provisions shall be perfected if the Employer provides actual notice or sends a telegram or certified letter to the last known address of the Employee provided, however, that Employees who are at work shall be given actual notice if practicable. Notices by the Employer to the Union and the JSF shall be perfected by sending a fax to the JSF and Union.
5. In no case shall an Employer who gives the notices provided in paragraphs (1) through (3) above be prevented from effecting a layoff because of failure to meet any other notice provision(s) of this Agreement. Any days of delay by the Employer in effecting the notices in paragraphs (2) and (3) shall be added to and shall correspondingly extend the thirty (30) day notice provided in (1).

4. Continuation of Training
   
   A laid off Employee who is offered an appropriate job as defined in paragraph (c)(i) may elect to remain in training until the training program is completed if he/she has:
1. completed at least one-third of the training program, and
2. has a commitment for a job upon completion of the course, or the training program will qualify the Employee for a market scarce job as determined by the Trustees.

If an employee is in training and does not meet the above criteria, he/she may seek approval to continue training from the Fund Director, with the approval of the Trustees.

5. Temporary Jobs

The Employer shall refer temporary jobs to the JSF and shall only refer that particular temporary job once. It is understood that the Mandatory Match provisions of this Article only apply to temporary jobs of at least three (3) months duration. It is further understood that:

1. an Employee who chooses to take a temporary job must commit to work for the entire period,
2. the Employee shall not be entitled to job security fund rights (including SUB) during the time he/she occupies the temporary job and the time limit on job security rights shall be tolled during that period,
3. when the temporary job ends the Employee returns back to coverage under the Job Security Fund for the balance of any job security fund rights due under the JSF, and
4. the Employee shall lose all job security rights under this Article 9A(B) if he/she leaves the temporary job before the original commitment ends.

6. Discharge During 30 Day Probationary Period
   
   During or at the end of the thirty (30) day probationary period, the Employer may discharge an Employee referred by the JSF and such discharge shall not be subject to the Grievance and Arbitration provisions of this Agreement except as hereinafter provided. If the Employer asserts that the discharge was for cause other than inability to properly perform the job, the Union may submit within thirty (30) working days a grievance against the Employer to CIPC which will hear, decide or arbitrate the case in accordance with the CIPC rules and timetable. The sole issue for CIPC or the arbitrator shall be whether the Employee was terminated for cause other than inability to properly perform the job. The only remedy shall be for the Employee to return to the JSF. If the termination was for cause he/she shall forfeit his/her rights under the job security program. An Employee terminated for inability to perform shall return to the JSF. The thirty (30) day probationary period shall apply to all Employees referred by the JSF during the period he/she retains industry placement rights.
7. Working Days
   
   Working days refer to Monday through Friday, excluding holidays.
8. Job Security Fund Notice Provisions******

   ******The Union and the League may review the notice provisions to see if they are working in conformity with the meaning and intent of this Article 9A(B) and, if they are not, the parties commit to resolve the matter promptly.

   Notifier		Notifyee		Time Allowed		Substance
   (A) JSF		All Employers		3 working days from receipt of layoff notice from an Employer		All laid off Employees and their job classifications1
   (B) Employers		JSF		1 working day following (A) or availability of vacancy2		All vacancies in job classification and previously grouped other jobs available to JSF placements
   (C) JSF		Layoffees		2 working days following (B)		Make contact counsel
   (D) Layoffees		JSF		2 working days following (C)		Employee must make job selection3
   (E) JSF		Specific selected Employer		1 working day from (B)		Notify Employer of available referral; an interview shall be conducted within the following 2 working days
   (F) Employer		JSF		1 working day from completion of (E)		Selection/ rejection of referral4
   (G) JSF		All Employers		1 working day from (F)		Of Placement of JSF referrals
   (H) Specific Employer		JSF Union		1 working day following event		Termination during probation
   (I) JSF		All Employers		1 working day following (H)		Follow steps in A-G above, unless termination was for cause other than ability to perform.

   1Includes job title, essential duties, qualifications and requirements. Notices by the JSF to the Employer shall be perfected by sending a fax to the Employer.

   2From time job is available to outside hires (after Employer recalls, transfers, promotions, shift changes, etc.).

   Employer shall afford the JSF seven (7) working days from notice in (B) to refer applicants for the vacancy before it hires from the outside.

   3The layoffee may visit the institution(s) at which appropriate jobs are available.

   4E.g., if the individual does not meet minimum qualifications. Acceptance may be conditioned on passage of a physical.

1. Wages and Minimums
1. Effective August 1, 2002, each Employee on the payroll on that date and covered by this Agreement shall receive an increase in his/her base weekly rate of three percent (3%) of his/her July 31, 2002 base weekly rate.
2. Effective February 1, 2003, each Employee on the payroll on that date and covered by this Agreement shall receive an increase in his/her base weekly rate of two percent (2%) of his/her January 31, 2003 base weekly rate.
3. Effective September 1, 2003, each Employee on the payroll on that date and covered by this Agreement shall receive an increase in his/her base weekly rate of four percent (4%) of his/her August 31, 2003 base weekly rate.
4. Effective September 1, 2004, each Employee on the payroll on that date and covered by this Agreement shall receive an increase in his/her base weekly rate of four percent (4%) of his/her August 31, 2004 base weekly rate.
5. Minimums shall be increased by the across the board increases provided in (a), (b), (c) and (d) above.

Lump Sum Payment in Lieu of Retroactivity

1. On the first pay date following the ratification of this collective bargaining agreement, each full-time Employee on the payroll on that date and who was employed ninety (90) days prior to that date, shall receive a payment of $750. The payment shall be prorated for part-time Employees based on the average hours actually worked during the foregoing 90 day period (or the ninety (90) day period referred to in section 3(c) where applicable).
2. The lump sum payment shall not be considered as pay for any purpose, including payment of contributions to the Funds, or for purposes of overtime, shift or other differentials or any form of premium pay.
3. The term "employed" as used in this Section 3 shall include all periods of paid leave and for this purpose only: (i) a period for which the Employee is entitled to receipt of disability or workers compensation payments from the Benefit Fund or other insurance paid for by the Employer, and (ii) a period of unpaid leave of absence or layoff, provided, however, that individuals who were on an unpaid leave of absence or layoff (with recall rights) on the date of ratification of this Agreement must return to work to a regular full-time or regular part-time position at the end of the leave, or, in the case of layoff, before their recall rights have expired, and work for a period of ninety (90) days following such return.
4. The lump sum payment shall be in a separate check. Withholding shall be based on the most favorable tax treatment for the Employees permitted by law. The parties will consult on the method to be used.
5. To make cash available to help pay for the lump sum payment, Employers will be permitted to defer one or two months of contributions to the NBF, in accordance with terms to be provided in a separate memorandum.

2. No Employee shall be hired below the minimum effective rate for his/her labor grade or classification, except that during the first two (2) months of employment, an Employee shall receive Twenty ($20.00) dollars per week less that the minimum rate set forth herein. If an extension of the probationary period is agreed to by the Union, the affected employee shall continue to receive $20.00 per week less than the minimum rate for the job classification for the duration of such extension or one month whichever is less.
3. The minimum rates for each individual Employer shall be contained in a stipulation (Stipulation II) between each Employer and the Union to be annexed hereto.
4. Employees when required to work at a higher rated bargaining unit job, shall be paid his/her rate or the rate for the other job, whichever is higher, after a total of five (5) days work in such higher classification in each contract year.
5. Wherever in this Agreement the phrase "regular pay" appears it shall be deemed to include shift and specialty differentials but shall exclude overtime and on call pay.
6. Classification Issues
1. Seniority will be transferred when a Technician is promoted to Technologist (no loss of seniority for purposes of lay-off, recall and shift assignment).
2. All Technicians with Technologist licenses will be classified Technologist.
3. All step increases shall be based on industry experience.
4. The following titles shall be increased by five percent (5%) on October 1, 1998, prior to the implementation of the general wage increase:

   Audiologist
   Ophthalmic Technician
   Special Procedure Technician (X-ray)

7. If it is claimed by the Union that the Employer has instituted a new job classification or substantially modified an existing job classification, the Union may process a claim for a change in the job rate for such classification in accordance with the provisions of Article 33 and 34 of this Agreement provided however that it is expressly understood and agreed that neither the Union nor any Employee may grieve or arbitrate with respect to the content or description of any such job or job classification.
8. Combining and Restructuring Jobs
   
   Each institution shall give the Union thirty (30) days notice in writing of its intention to combine jobs, to restructure existing jobs or to create new classifications. The Union may request a meeting to discuss the Employer’s proposal including the proposed wage rate. If the parties disagree about job content or wage rates, the Employer and Union may invoke a facilitation process (as provided under Article 22, Section 1 (g)). If there is disagreement on the proposed rate, the Union may submit that issue to arbitration. In no event shall this procedure delay implementation of the Employer’s proposal.
9. The University will meet with the Union to continue discussions about upgrading positions. Where the parties jointly agree and an upgrade is justified, the position will be upgraded.

1. The regular work week for all full-time Employees shall consist of the number of hours per week regularly worked by such Employees as on September 30, 1980. The regular work week for part-time Employees shall not exceed five (5) days. Such hours, not to exceed thirty-seven and one-half (37-1/2) per week, shall be specified in a stipulation (Stipulation II) between the Union and the Employer, to be annexed hereto. Employees shall receive two (2) days off in each full calendar week except in the event of overtime. The work week shall commence on Sunday and end on Saturday.
2. The regular work day for all full-time Employees covered by this Agreement shall consist of the number of hours in the regular work week as above defined, divided by five (5), exclusive of an unpaid lunch period, except for those Employees who receive a paid lunch period as of September 30, 1980.
3. Part-timers
1. The parties agree that it is desirable to have full-time jobs in this industry.
2. The Employer will not split a full-time position in which there is an incumbent into part-time jobs.
3. Conversion of Part-Timers to Full-Time Workers
   
   All part-time Employees who work the hours equivalent to the regular full-time work week for that classification in a four (4) month period, shall become full-time Employees, All hours worked on special projects, filling in for Employees on leave of absences, vacations, and emergencies, shall not be counted towards meeting the aforementioned requirement, except if an Employee is specifically hired for permanent vacation relief and/or permanent leaves of absence relief.
4. Right to Extra Hours
   
   Whenever practicable, pre-scheduled hours and available regular hours shall be offered to part-time Employees based upon classification seniority.
5. A local institution-based Labor/Management Committee may undertake an analysis of why part-time employment exists and measures which can be instituted to create more full-time employment. All relevant information regarding part-timers will be provided to the Union and to the local Labor/Management Committee.

4. Full-time Employee shall be entitled to two (2) rest periods of fifteen (15) minutes each in each working day, as assigned by the Employer to each Employee. Employees who work a full half shift shall be entitled to one (1) such fifteen (15) minute rest period.
5. Employees shall be afforded a reasonable time during which to cash pay checks.
6. Monitoring and Dispute Resolution re: Full-Time Status
   
   The Employer shall submit part-timer status reports in a Lotus format, or other agreed upon format, to the Union every four (4) months. Reports shall be by department and include name, social security number, date of hire, salary, straight time and overtime hours worked. If hours were worked under paragraph 4 above, it shall be noted in the report. Disputes over an Employee’s full-time status shall be submitted to mediation and arbitration in accordance with Article 33 (A). The initial report shall be due October 30, 1992.
7. Premium Overtime Hours
   
   In accordance with Article 13, Section 3 (b), a part-timer shall not receive premium overtime hours prior to full-timers, unless he/she has greater classification seniority.
8. The Employer shall not use part-timers to subvert the meaning and intent of the collective bargaining agreement as reflected in Article 7 (3) and Article 11 (4) and (8).

1. The employer shall schedule each permanent full time Employee who is regularly scheduled to work five days a week for every other weekend off except:
1. Where an Employee agrees to or requests another schedule of days off and the Employer consents,
2. Where the Union and the Employer otherwise agree to a different schedule with respect to a particular unit, department or job classification.
3. Where such scheduling would result in an emergency, the Employee with the least seniority shall be called in first.
4. When Employees are called in due to an emergency, the Employee with the least seniority shall be called in first.
5. It is hereby agreed that Employees hired specifically for weekends and those who voluntarily work weekends shall be excluded from this provision.

2. For full-time Employees hired during the term of this Agreement (February 1, 2002 to July 31, 2005) this provision shall apply after two (2) years of employment.
3. The term "weekend" shall mean Saturday and Sunday. A shift which begins on Friday night with a majority of the time to be worked on Saturday morning is considered a weekend shift whereas a shift begins on Sunday night with a majority of time to be worked on Monday is not considered a weekend shift.
4. Except as provided in (e), (f) or (g) below, vacations, holidays, sick leave and other leaves, paid or unpaid shall be counted as scheduled time off on weekends for purposes of this Article. If an employee fails to work on a weekend he/she is scheduled to work for any of the foregoing reasons, he/she may be required to work an additional weekend(s) in lieu thereof and the employer may adjust the employee’s schedule of weekend work as necessary to accomplish that purpose.
5. Employees who were on the payroll of the Employer prior to October 12, 1986, and have continued on the payroll thereafter, and were on an every other weekend work schedule and not previously required to make up unscheduled absences as of October 12, 1986, will not be required to make up (i) the first three (3) days of absence on scheduled weekend work days due to illness or injury absent unjustified use of sick leave or (ii) absences on scheduled weekend work days due to vacations, holidays and paid or unpaid leaves (including but not limited to leave for which disability or workers compensation is received).
6. Employees who were on the payroll of the Employer prior to October 12, 1986, and have continued on the payroll thereafter, and were on an every other weekend work schedule and previously required to make up unscheduled absences as of October 12, 1986, may be required to make up unscheduled absences on a scheduled weekend work day due to sick leave (including paid and unpaid sick days) only; they will not be required to make up absences on scheduled weekend work days due to vacations, holidays and paid or unpaid leaves (including but not limited to leave for which disability or workers compensation is received).
7. Employees who are hired on or after October 12, 1986, and have been or are on an every other weekend work schedule may be required to make up unscheduled absences on a scheduled weekend work day due to sick leave (including paid or unpaid sick days) only; they will not be required to make up absences on scheduled weekend work days due to vacations, holidays and paid or unpaid leaves (including but not limited to leave for which disability or workers compensation is received).
8. Where a regular full-time Employee or a temporary full-time Employee has worked a permanent regular schedule of weekends off, his/her schedule of weekends off shall not be reduced while he/she is in his/her present position or shift, except in an emergency. Where work assignments are otherwise changed such Employee shall have his/her schedule of weekends off maintained unless to do so would unreasonably impair the efficiency of the Employer. Where an Employee elects with the Employer’s consent a changed work assignment with prior knowledge of a new schedule of weekends off such new schedule shall prevail.
9. An Employee hired after April 1, 1987, who desires to waive the every other weekend off requirement, shall, if consented to by the Employer, execute a written waiver which may not be revoked without the agreement of the Employer during the life of the Agreement.
10. Grievances alleging violations of this Article shall be the subject to the grievance and arbitration provisions of this Agreement but shall, if the matter proceeds to arbitration, be determined by a permanent arbitrator who shall have the following authority and responsibility:
1. to determine if there have been misapplications or violations of the Article by the Employer or the Union;
2. to issue final and binding decisions within 7 days of hearing a case;
3. upon finding of Employer misapplication, may issue one of the following remedies;
1. Time and one half pay for time worked on weekends in violation of this Article by the Employee;
2. Compensation time off for time worked on weekends in violation of this Article by the Employee.

11. Employees required by the Employer to be on call off Employer premises shall receive, during such time, a rate of pay equal to three-fourths (3/4ths) of their regular base pay. Employees on call called to work at other than during their normal work hours shall receive time and one-half for all such hours worked outside of their normal work day, with a guaranteed minimum of pay for four (4) hours work. There shall be no pyramiding of pay under this provision.

1. Employees shall be paid one and one-half (1 ½) times their regular pay for authorized time worked in excess of the regular full-time work week for their classification as set forth in Article 11 Section 1 and in the case of a regular full-time employee who is regularly scheduled to work five (5) days per week, for authorized time worked in excess of the regular full-time workday as defined in Article 11 Section 2.
2. Any part-time employee who is regularly scheduled to work seven (7) or less hours per day will be paid overtime for hours worked in excess of seven hours.
3. The following paid absence shall be considered as time worked for the purpose of computing overtime: holidays, vacations, jury duty days, condolence days, paternity day, and marriage days. Paid sick leave shall not be considered as time worked for the purpose of computing weekly overtime. Unpaid absences shall not be considered as time worked.
1. The Employer shall establish a procedure for assigning overtime and "on-call" duty in the first instance, among qualified Employees who wish to work overtime, except in emergencies. Such procedure shall include a provision whereby such Employees are assigned in rotation, starting with the employee on duty who has the most Classification Seniority. Pursuant to such procedure, a volunteer overtime roster shall be complied and posted every six months.
2. A part-timer shall not receive premium overtime hours prior to full-timers, unless he/she has greater classification seniority.

5. Where the Employer assigns overtime on a compulsory basis due to an emergency or the inability to obtain a qualified volunteer on a timely basis, assignments shall be made among qualified Employees on a rotating basis starting with the employee on duty who has the least classification seniority.
6. The work week shall commence on Sunday and end on Saturday.
7. There shall be no pyramiding of overtime.

1. Employees working on shifts whose straight time hours end after seven (7:00) p.m. or begin prior to six (6:00) a.m. shall receive the following differentials:
   
   A shift differential of ten (10%) percent of salary, including specialty differential.
2. Employees shall work on the shift, shifts or shift arrangements for which they were hired. The Employer may change an Employee’s shift only for good and sufficient reason, and any such change shall apply to the Employee with the least classification seniority qualified to do the work.
   
   Whenever the Employee requests a change of shift, approval of such request shall not be unreasonably withheld if a vacancy exists in the classification in which he/she is then working and if more than one Employee applies, such change shall apply to the Employee with the most classification seniority qualified to do the work. Notwithstanding the foregoing, Employees shall have preference in filling vacancies on another shift in the classification in which he/she is then working over new Employees.
3. The foregoing shall not interfere with any training program requiring rotation of shifts.
4. There shall be no split shifts.
5. The Union and the Employer will instruct the Employer/1199 Labor Management Committee to address as a priority:
1. the collection of data on variable shifts
2. the determination of the extent of variable shift utilization; and
3. the development of means to minimize utilization of variable shifts and the correction of excesses.

1. Employees shall be entitled to the following paid holidays within each year:
1. Legal Holidays:
   
   New Year’s Day
   Martin Luther King, Jr.’s Birthday
   Washington’s Birthday
   Memorial Day
   Independence Day
   Labor Day
   Thanksgiving Day
   Christmas Day
   
2. Other holidays or free days:
   Lincoln’s Birthday
   Columbus Day
   Election Day
   Veteran’s Day

If a holiday falls within an Employee’s first thirty (30) days of employment, then such Employee shall receive pay for the holiday only upon completion of twelve months of employment.

1. Recognizing that the Employer works every day of the year and that it is not possible for all Employees to be off on the same day, the Employer shall have the right, at its sole discretion, to require any Employee to work on any of the holidays herein specified; however, the Employer agrees to distribute holidays off on an equitable basis.
2. In the event an Employee is required to work on any of the legal holidays named in Section 1 (a) above, he/she shall be paid at the rate of time and one-half his/her regular pay for all hours worked on the holiday, and shall, in addition, receive an additional day off with regular pay within thirty (30) days of the holiday, or an extra day’s regular pay in lieu thereof, as determined by the Employer.
3. An employee required to work on any holiday other than those specified in 1(b) above shall receive a day off with regular pay within thirty (30) days of the holiday, or, in lieu thereof, shall be paid a day’s regular pay at the option of the Employer.
4. If a legal holiday falls on an Employee’s regularly scheduled day off, the Employee shall receive an additional day’s regular pay or a day off with regular pay within thirty (30) days of the holiday.
5. If a legal holiday falls during an Employee’s vacation, at the option of the Employer the vacation shall be extended by one (1) day, or the Employee shall receive an extra day’s regular pay or a day off with regular pay. In making the determination, the Employer will take into consideration the Employee’s expressed preference.
6. The day on which a holiday is legally celebrated* shall be the day on which holiday premium pay is paid to those Employees who work on that day, except Christmas Day and New Year’s Day for which premium pay shall be paid for December 25 and January 1 respectively. Martin Luther King’s Birthday shall be celebrated on the date observed by the Health and Hospitals Corporation due to patient care and operational needs.
7. If an Employee is absent the scheduled work day before and/or the scheduled work day after a paid legal holiday or day in lieu thereof, the Employer may demand proof of illness. The Employer may deny pay for such holiday if such proof is requested and not furnished

3. Employees shall be entitled to the number of "free days" with pay as specified in Section 1(b) above. Free days shall be scheduled in advance and with the approval of the Employer. Once scheduled, free days shall not be cancelled except in emergency. Free days shall be prorated, one for each three (3) months of employment during a year. The Employer shall retain the same rights to require work on the free days scheduled as on holidays.
4. Employees will be entitled to time off with pay to vote at city, state or federal elections, in accordance with New York State law.
5. All employees shall receive the same number of holidays, heat days, or time off equivalent as received by other similar employees employed by the City of New York. This shall not effect the provision of Section 1(a) for the Martin Luther Day holiday.
   • The term "legally celebrated" shall refer to Public Holidays as defined in New York General Construction Law, Section 24, as amended.

1. Employees shall be entitled to vacation to be credited each June 30^th during the term of this Agreement, as follows:

   Completion of calendar days of employment from hiring date	Vacation Allowance
   One Year	20 working days (4 weeks)
   Nine Months	15 working days (3 weeks)
   Six Months	10 working days (2 weeks)
   Three Months	5 working days (1 week)

2. credited each June 30^th during the term of this Agreement, as follows:

   Completed years of service as of June 30th	Monthly accrued Rate	Vacation Allowance
   Seven Years	2 days plus one additional day at end of the leave year	25 working days (five weeks)
   Fourteen Years	2-1/4 days	27 working days (five weeks two days)

2. A vacation period may be split only with the consent of the Affiliation. In those cases, twenty-two (22) working days shall be considered equivalent to a month.
3. Vacation schedules shall be established taking into account the wishes of the Employees and the needs of the Employer. Where there is a conflict in choice of vacation time among Employees, classification seniority shall prevail.
4. The vacation eligibility year and/or the vacation eligibility dates shall be as heretofore.
5. No part of an Employee’s scheduled vacation may be charged to sick leave. Vacation shall be taken each year and may not be accrued from year and Employees will not be compensated for vacation time not taken.
6. Vacation pay shall be based upon the Employee’s regular pay.
7. An Employee shall be paid his/her vacation pay before starting his/her vacation provided such vacation is scheduled at least four (4) weeks in advance. An Employee may request that the Employer defer vacation pay.
8. Absences due to established illness, maternity leave or injury not exceeding five (5) weeks shall be considered as time worked in determining the amount of vacation pay for Employees with more than one (1) and up to and including but not exceeding five (5) years of service. For employees with service beyond five (5) years, the period shall be thirteen (13) weeks. If such absence extends into an Employee’s scheduled vacation period, the vacation shall be postponed and another period assigned. If disability due to illness, maternity or injury begins after an Employee commences his/her vacation, the original vacation shall remain in effect. Substantial proof of such illness, maternity or injury must be provided by the Employee upon return to work after any absence caused by such illness, maternity or injury.
   
   Hours of vacation pay for each week of vacation to which an Employee may be entitled as above defined shall be computed on the basis of the average number of hours per week actually worked as above defined, including premium hours, during the twelve (12) calendar months immediately proceeding the Employee’s absence.
   
   All involuntary absences as herein limited which exceed the aforesaid five (5) or thirteen (13) weeks period shall not be deemed nor considered as time worked in computing vacation pay and vacation pay for such Employees shall be prorated by relating the number of weeks actually worked during the vacation eligibility year with the number of days or weeks such Employee would have been contractually entitled to had he worked the entire vacation eligibility year.
   
   All voluntary absences shall not be deemed nor considered as time worked in the computation of vacation pay. Where an Employee has been voluntarily absent, his/her vacation pay shall be prorated on a percentage basis, i.e. the period of time actually worked as that period relates to the period of vacation pay due him.
   
   An Employee who has quit or who has been discharged or who has lost his/her seniority pursuant to the terms of Article 9 and who has not received his/her vacation from work with pay to which he/she is entitled shall receive a vacation allowance, the amount of which is to be calculated in accordance with the last preceding paragraph.
9. All employees shall receive the same vacation schedule as received by other similar employees employed by the City of New York as indicated in Section 1(b) of this article. This provision shall not effect the provision in Section 1(a) of this Article, covering those employees who have not completed seven continuous years of service.

1. Employees, after thirty (30) days employment, shall be entitled to paid sick leave earned at the rate of one (1) day for each month of employment, retroactive to date of hire, up to a maximum of twelve (12) days per year. Employees, after one (1) or more years of employment with the Employer, shall be entitled to a total of twelve (12) additional days of sick leave as of the beginning of his/her second and each subsequent year of employment, provided that at no time will an Employee be entitled to accumulate more than sixty (60) working days of sick leave during any one year, including the days earned or to be earned in the current sick leave year.
2. Employees hired prior to January 1, 1968, will continue to receive 15 days of sick leave.

2. Pay for any day of sick leave shall be at the Employee’s regular pay.
3. To be eligible for benefits under this Article, an Employee who is abse