PEF/SUNY STATEWIDE L/M MEETING
1168-70 TROY-SCHENECTADY ROAD, LATHAM, NY
FEBRUARY 7, 2007
MINUTES
Present:
|
PEF Doris Dodson, Chair Don Morgenstern Brian Curran Jemma Marie-Hanson Peter Costello, Field Representative June Edwards Nancy Wolff Douglas Begent James Hassett, RN |
MANAGEMENT Ray Haines Andrew Balna Liesl Zwicklbauer Lisa Alexander Jim Campbell Peter Pileggi Valerie Ayers |
ISSUE
2. Berger Commission Report
DISCUSSION
Management stated that issues were not well defined by the Berger Commission, whom they felt were in a reactive mode. PEF felt the report was full of inconsistencies. Matters seemed premature at this point; however, the uncertainty at Upstate could have difficulty in hiring and retention of staff. The Chancellor is very supportive of this issue and understands the significance. PEF has opposed the mandated privatization of a Crouse/Upstate merged hospital. PEF asked if the Chancellor would provide testimony opposing the plan. Mr. Peter Pileggi has spoken on the Chancellor’s behalf in opposition and that the next day the Chancellor would be testifying before a Legislative Committee. PEF commented that a third party met with Crouse and proposed a shell government. PEF was concerned with capacity. Upstate is usually at a 90-95% filling level. Surgeries are canceled on a daily bases because of limited space. The Commission’s recommendations call for a downsize to 750 beds between the two hospitals, which now totals over 900 together. Management felt the bigger issues were to focus on the budget cuts and the impact on hospitals. SUNY, in the past, had received additional residents without any adjustments. The re-distribution of GME pools will have a significant impact. The impact of federal cuts is still unknown. The state plan was just approved for September’s 2006 payment. PEF reported that Drs. Smith and Scheingold have asked for the unions’ help. Nurses are leaving, fearing they will have to sell their houses. Management stated the base contractual obligations have been met. Testimony will be given tomorrow. TAP (tuition assistance program) was not damaged for the most part.
PEF stated that they had communicated their position against the feasibility study and privatization to DOB and the Governor’s Office. The Governor’s Office indicated they would have a follow-up meeting with the commissioner. In the interim PEF has not sought any direct legislative intervention and is researching the option of litigation. PEF asked if management had the same conversations. Management felt it was too early. The new Commissioner of Health needed further information. PEF wanted to continue exchanging information as things develop, with positive reinforcement. DOH will meet with each facility affected by the report. One concern is that the DOH will not process CON’s (Certificate of Need), unless there is a life/safety issue, until there is a reasonable program for those impacted by Berger. Downstate was not mentioned, while Stony Brook needs to do no more than they currently are doing.
ISSUE
3. Labor Relations at Syracuse Upstate Medical Center
DISCUSSION
PEF has experienced several changes in administration and is concerned with the nurses’ morale. The new CNO (Chief Nursing Officer) is not accessible, unresponsive and canceled the September Labor/Management meeting. All committees but the 3R (Recruitment, Retention and Recognition) were eliminated, causing many hard feelings. The CNO gave updates, new policies, announcements ahead of time. The fast track pilot on the fifth floor was to start with no advance notice. The call-in rate is the highest in years. PEF showed the difference in disciplinary cases between the 3 hospitals, as indicated in the chart below:
2005 NOD’s Terminations 2006 NOD’s Terminations
Syracuse 19 8 Upstate 29 14
Stony Brook 4 1 Stony Brook 3 1
Downstate 2 0 Downstate 0 0
It’s increasingly clear investigations by Labor Relations were lacking. Only those people who were going to sustain NOD’s were interviewed. Most NOD’s proposing termination in the last two years were accompanied by suspension without pay. PEF felt there is an over utilization and unfair use of NOD’s where the recipient could not afford to fight it. The person is more likely to resign than fight it if the pay is stopped. The American Arbitration Association can process a hearing within fourteen days although Labor Relations often asks for delays. Per capita, Upstate disciplines more employees than any other State agency. Management could temporarily reassign employees. PEF did not disagree that people should have been suspended where actions were proven inappropriate and/or a danger to patient safety. PEF presented several cases of employees with long-term histories of no disciplines suddenly being suspended without pay. Management agreed that the different Employee Relations Departments had various styles and reputations. Some settle cases at earlier stages. Upstate chooses not to avail themselves to central office’s assistance.
PEF asked management to speak to the Upstate managers. PEF is concerned that they leave the decision making for the penalties to clinical staff. This is unprofessional, at best, if not, foolish. Many clinicians don’t know what progressive discipline is or the meaning of just cause. Employees are being forced to write up co-workers. There was a 50% turn over of new graduates within the first year. An employee Morale Survey , which was conducted one and a half years ago, was so horrendous that the results were not released. Dr. Smith insisted another survey be done. Some of these issues were placed on the local L/M agenda. Management wanted to meet separately to discuss a few of the issues but the meeting was not productive. Greater communication is needed and better relations. Scheduled L/M meetings were canceled because management was not present.
ISSUE
4. Stony Brook Hospital – Holiday Scheduling for Part-Time Nurses.
Will SUNY Admin support equal treatment of all nurses?
DISCUSSION
PEF stated that part-time nurses are routinely told they cannot schedule work time on a holiday, thereby being denied the opportunity to accrue holiday time. They are required to use a pass day for the holiday. In order to accrue time for later use, part-time nurses have to work on a legal holiday. They accrue pro-rated sick, personal and vacation time based on their regular hours of work per pay period. The reason given was because it adversely affects the budget. The L/M agreement required nurses to work three of the six major holidays. The minor holidays are not treated the same. Pass days are based on seniority. A new schedule is posted every twenty-eight days. Manager’s quote the regulations won’t allow it. There is an agreement for holiday time to be shared. Ten additional people were to have time off but were not allowed to access accruals. They cannot be carried over at the end of March. People are losing accruals because they are not allowed to use them.
ACTION
PEF will forward a copy of the MOU to management. Management will follow up with Liz McCoy, Director of Stony Brook Labor Relations.
ISSUE
5. Education – Request for one free job-related course per semester on a space available basis
DISCUSSION
PEF asked that PEF members be allowed to take one free course per semester on a space available basis. Management stated that a tuition waiver program is currently available to only one bargaining unit and it is written into its contract. Contract negotiations were for one course per semester. That unit proposed to teach members of their own unit based on available space and to absorb additional work load. Management added that the budget is based on a per student basis. It’s a GOER negotiated benefit. Each campus budget in place has a mechanism to define the revenue law. Empty seats are not free. Management endorsed whatever opportunities the staff can take advantage of but were told they did not have the authority to negotiate this item. PEF felt certain benefits could be negotiated at the Statewide L/M forum.
ISSUE
6. What is occurring with the capital construction plan?
DISCUSSION
The SUNY Board passed $2 million for expansions last November. Campus presidents are making that request through the local legislative groups to get this new funding through the Legislature. In terms of previous funding, Upstate has committed just about all the original bond effort while Downstate has used 2/3 of the total. The three hospitals initially received $419 million.
ISSUE
7. Recognition: There is nothing in the State Education Law or Civil Service Law that states that only employees in the professional service of SUNY can be eligible for the Chancellor’s Award in Excellence or can sit on the University Senate. To date, PEF members have not been included. If this is an oversight, would you be willing to correct it. If this restriction is because of SUNY rules and policies, would you support changing them to include PEF?
DISCUSSION
Management stated that the University Senate structure was created by state statute in the Rules and Regulations. Revisions in the rule making must be submitted to the Secretary of State. PEF considers their registered nurses to be professionals. Management replied that professional service titles were created by statue under the Educational Law. PEF titles are under Civil Service Law. Professional titles used to be non-teaching, support staff and academic. The Senate was a piece of the academic governance structure. PEF felt it was a mistake to not consider PEF RN’s to be professionals when UUP RN’s are considered professional and eligible for certain things. Management recognized this body of professionals but statute differentiates between classified and unclassified employees. The Chancellor awards are run out of the faculty structure where each campus submits nominations to the Chancellor. There is no dinner or ceremony with this award. Management will try to come up with a plan to recognize achievements of employees in the classified service. It would be similar to the campus based nomination process where recommendations are sent to the Chancellor for recognition. PEF asked to be kept updated.
ISSUE
8. Contract Negotiations: Our contract will expire in 2007. Article 44 of the CBA between New York State and PEF, “Joint Committee on Nursing and Institutional Issues” offers an avenue to address recruitment and retention initiatives for nursing titles. Will you support proposals for PEF nurses to receive benefits that are industry standards which help to attract, stabilize and retain staff, i.e.: an end to mandatory overtime, implementing weekend differentials, preceptor pay, charge pay, compensation for advanced education, etc?
DISCUSSION
PEF requested management’s support on a proposal to help with recruitment and retention of nurses. Management stated that the University clearly has an interest in attracting nurses and that items to attract qualified individuals are all positive. However, management stated that specific proposals must be dealt with in the Statewide contract negotiations. PEF felt the state has been proactive by increasing geographic differentials in order to be more competitive with the industry and might be able to do other things outside the statewide contract.