Inside UM System » Rules and Regulations » Human Resources Policy Manual » Hr Mna »

Understanding of Policies Between the University of Missouri and the Missouri Nurses Association

Preamble TOP
This Understanding of Policies is entered into by the Missouri Nurses Association (hereinafter referred to as “MONA” or “Union” or “Association”) and The Curators of the University of Missouri, on behalf of University of Missouri Health Care, (hereinafter referred to as “University” or as “Board”). The parties hereto recognize that while each is interested in promoting the safety and welfare of the employees and patients, the efficacy, efficiency and economy of operations, and the delivery of quality health care to patients of the University, it is the University which has that responsibility. Therefore, the parties agree, by their duly authorized agents, to comply with the terms set forth on the following pages.
Recognition TOP
1. The Board of Curators recognizes the Missouri Nurses Association as a labor organization to exclusively represent certain registered nurses within the University of Missouri for the purpose of discussing general working conditions, employee benefits and services, opportunities for training and grievances with the University administration.
  
  Nurses, as referred to in this document, are registered professional nurses employed by the University of Missouri to perform direct or indirect patient care. Included in the unit are the following classifications: Nurse Anesthetist, Education Nurse, Nurse Advisor – (Telephone), Nurse Clinician, Nurse II, III and IV (IV Therapy), Advanced Practice Nurse, Nurse Practitioner, Nurse Specialist (Clinical), Staff Development Nurse, Flight Nurse, Research Nurse, Staff Nurse, Staff Nurse I, II, III, and IV, PSP Plus Staff Nurse I, II, III, and IV. The composition of the unit is meant to comply directly with the determination of the Missouri State Board of Mediation in public case #76-008.
  
  Excluded from the unit are the Nursing Supervisors, Assistant Managers, Managers, and Directors and any nurse hired to perform educational faculty duties within the School of Nursing.
2. The Board desires to make clear:
  1. That the Board will not condone any type of attempted coercion, including striking or picketing, and
  2. That the Board does not require any employee to become or remain a member of such union, and
  3. That any employee may, as always, personally discuss with or present to the administration, and through the administration to this Board any problem or suggestion concerning his/her job or working conditions, and
  4. That no discrimination of any kind will be made, either in favor of or against any employee, because he/she is or becomes a member of Missouri Nurses' Association or does not become or remain a member of such association. All employees shall have the same privileges and benefits and shall be expected to assume the same responsibilities and abide by the same rules and regulations whether members of the association or not.
Checkoff of Union Dues TOP
1. Policy
  
  The Board of Curators has adopted the following policy relating to check-off of union dues for non-academic personnel of the University of Missouri.
  1. Commencing with the pay period beginning on ___________________, authorized non-academic employees of the University of Missouri represented by the Missouri Nurses' Association who desire to have their regular union dues to such organization withheld from their wages may do so under the following procedure.
  2. Any employee desiring to assign and have dues withheld from his/her wages shall execute a "Request and Authorization for Deduction of Organization Dues", which shall provide, in addition to necessary information, the following wording:
    
    "Beginning_________ , I, the undersigned, do hereby assign to (Missouri Nurses' Association), and hereby authorize the Curators of the University of Missouri to deduct from any net wages due to me and pay to said union such sum monthly as shall equal the monthly membership dues as may be from time to time established and certified by said union to the Curators of the University of Missouri."
  3. The assignment and deduction of union dues as provided for in 2, will become effective the first day of the month after request and authorization is delivered to Human Resources, providing it is delivered to the Human Resources no later than the 25th of the month.
  4. Such employees desiring such deduction shall execute the authorization provided for in 2. to be delivered to the appropriate Human Resources office.
2. The Office of the Vice President for Finance and Administration of the University of Missouri is hereby authorized, upon the filing of such requests and authorizations, to deduct from any net earnings due and payable to such employee the regular monthly dues as may be certified to the Office of the Vice President for Finance and Administration by the appropriate union. Such deduction shall be made once each month, and the Office of the Vice President for Finance and Administration shall, monthly, forward to the designated official of such union, the following:
  1. A copy of any "Request and Authorization for Deduction of Organization Dues" filed as provided with the University during the preceding month.
  2. A list of only such employees for whom the Office of Vice President for Finance and Administration had made a deduction showing the amount of dues deducted for each such employee.
  3. The total amount of such dues withheld, less the monthly cost to the University of such dues deductions.
  4. A copy of any "Withdrawal of Authorization for Deduction of Organization Dues" notices filed with the Office of the Vice President for Finance and Administration during the preceding month.
3. Any employee who has executed and filed with the Curators of the University of Missouri a "Request and Authorization for Deduction of Organization Dues", as hereinabove provided may terminate such assignment and revoke such authorization by executing, at the Office provided in 4. above, a "Withdrawal of Authorization for Deduction of Organization Dues." (UM-UW Form), which shall, in addition to the necessary identification, contain the following language:
  
  "I, the undersigned, do hereby revoke my assignment to, and authorization to, deduct from my wages for (Missouri Nurses' Association), effective with the first payroll period beginning on or after the first January 1 or July 1 following the date of this revocation."
4. The Office of the Vice President for Finance and Administration is hereby authorized to make such rules and regulations as may be necessary or desirable to carry into effect the terms of this resolution.
Association Business TOP
1. Local Representative
  The Association will designate one employee as its local representative and authorize this employee to deal with the employer about employment conditions and resolution of problems. The union will notify the employer in writing of this representative's designation and authority and of any change in such designation and authority within five (5) days of such designation or change.
2. Association Representative
  
  Duly authorized representatives of the union may visit employer during office hours (8 a.m. to 5 p.m., Monday through Friday) to conduct appropriate business provided that they first inform the appropriate Director of Human Resources of their presence and the purpose of such visit. The employer may exercise reasonable control over the time and places for such visits in accordance with operating needs.
3. Meet and Confer Representatives
  Elected representatives of the unit representing the union at meet and confer conferences shall be given released time at regular pay for the time spent in such conferences, including caucuses and meal breaks. This group shall include up to five members of the negotiating team.
4. Grievance Investigation Representative
  The local chairperson or grievance committee representative designated in writing by the local chairperson may investigate grievances within the employer's premises and may contact other employees briefly pursuant to the investigation provided that such contact does not interfere with the continuity of operations or otherwise prevent any employee from performing his/her normal duties.
5. Bulletion Boards
  The employer shall designate bulletin boards at mutually agreeable locations or other methods of communication to be used for the posting of approved notices about the union and its activities. Such notices may also be posted on existing bulletin boards which are provided for general notices to employees excluding those bulletin boards which are used exclusively for administrative notices or for posting notices of specifically identified groups. In accordance with general University policy, posting of notices shall be limited to bulletin boards and shall not be made on University walls or woodwork.
6. Association Mail Box
  A mail box located in the University Hospital Mail Room will be assigned to the local unit for receipt of newsletters and correspondence from the University.
7. Orientation
  An orientation program is available for all new regular employees as soon as possible after beginning their employment with the University.
  
  This orientation shall provide necessary information concerning the history, programs, facilities and major policies of the University, staff responsibilities, employee organizations, staff benefits, and educational and training opportunities. To facilitate attendance, formal orientation sessions are scheduled at frequent intervals. Orientation session schedules are generally posted on University bulletin boards or may be obtained from Human Resource Services.
  
  Department supervisory personnel are responsible for providing each new staff member with the necessary on-the-job orientation.
8. Unit Officers
  Temporary absence, using vacation or holiday compensatory time, may be granted to officers and committee chairpersons for unit meetings, if staffing level permits, (or as otherwise approved by the Department Manager).
Employee Roster and Seniority Listing TOP

The employer shall provide the designated union representative an annual list of all employees within the recognized unit. This list will be based upon a cutoff date of July 1 of each year and will be provided to the Missouri Nurses' Association not later than September 1.
Use of Facilities TOP
Association meetings are not to be held on University Property.
Professional Practice TOP
1. Statement
  The employer recognizes that a registered professional/graduate nurse is employed because of such individual's professional skills and education. As a result, the employer recognizes that a registered professional/graduate nurse has the right to question and to ask for immediate review through appropriate channels for what would appear to the nurse to be inappropriate or improper medical orders and/or other issues which, in the opinion of the nurse, would be deleterious to the health and welfare of the individual patient, patients or nurse concerned. The registered professional/graduate nurse is responsible for her/his actions and bears responsibility to exercise professional judgment in this regard. Nothing in this section shall authorize a registered professional/graduate nurse to refuse an assignment in which the supervisor determines the immediate emergency needs of the patient would not allow for immediate review through appropriate channels.
2. Job Descriptions
  Upon employment or reassignment, the employer shall share with each nurse a copy of the written job description applicable to the specific area occupied by the nurse. The joint nurse employer conference committee will review job descriptions of those nurses covered by our discussions.
3. Joint Nurse Employer Conference Committee
  The employer jointly with the representatives of the association shall annually establish a conference committee to foster improved communications between the management and nursing staff. Such a committee shall meet as needed and shall consist of three representatives of management and three employee representatives of the association. One of the three representatives of management will be the Chief Nurse Executive at University of Missouri Health Care. All members shall be employees of the University. A representative of the Missouri Nurses' Association may attend individual meetings at the request of the local unit. The objectives of the joint committee shall be improved communications, liaison and problem-solving. The committee shall engage in constructive discussions of measures for improving patient care and professional performance. Changes in nursing service personnel guidelines will normally be discussed by this committee prior to implementation.
4. Nursing Practice Committee
  The employer shall, as is current policy, establish and maintain a nursing practice committee at University of Missouri Health Care. The committee shall address itself generally to all matters affecting patient care and shall have the authority to make recommendations.
5. Nursing Services On-the-Job Orientation
  A nurse who is employed, transferred, promoted or temporarily assigned shall receive on-the-job orientation, the length and scope of which shall be determined by management through consultation between the nurse and the supervising nurse.
6. In-Service and Continuing Education
  As in current practice, the continuing education and in-service training programs are available. Requests should be made to the supervisor. The joint nurses’ conference committee will participate in developing suggestions regarding the content and procedures for the in-service education program.
7. Educational Assistance Program
  The University of Missouri Educational Assistance Program is available to regular employees who have completed a six-month period of continuous employment. The Educational Assistance Program provides for payment of 75% of the educational fee on up to six (6) credit hours per semester (three (3) during the summer session) at the University of Missouri.
8. Promotion and Transfer of Nurses
  For determination of seniority with regard to longevity, staff benefits and other University procedures, time served as a graduate nurse shall be counted as time served as a staff nurse. A nurse who applies for a promotion and transfer will be advised of his/her status at the completion of the selection process for the position for which he/she has applied. A nurse who receives a permanent promotion will be paid at least the minimum wage rate for the new job title.
9. Performance Evaluation
  The University encourages its supervisors having supervisory authority over members of the bargaining unit to take advantage of training opportunities regarding performance evaluations.
10. Official Personnel Files
  
  The University shall maintain an official personnel file for each employee covered by this document, such files may include:
  1. Current address and phone number.
  2. Copies of performance evaluations.
  3. Attendance records for in-service and continuing education programs.
  4. Records referring to nurse's use of sick leave, and reasons for such use.
  5. Records referring to nurse's use of vacation time, meeting days, and other leaves of absence.
  6. University of Missouri Staff Personnel Action Forms.
11. Labor/Management Committee
  A Labor/Management meeting will be scheduled quarterly if initiated by the union. The group will consist of three members from the union and three members from UM Healthcare, including the Chief Nurse Executive and the Chief HR Officer. Discussion topics will be issues of mutual interest excluding grievances and individual employee performance.
12. Code of Ethics
  The University acknowledges that some of the nurses in the bargaining unit are members of the American Nurses Association and, as such, may consider themselves to be subject to the Code of Ethics for Nurses. The University and the Union agree that a reference to the Code of Ethics for Nurses does not constitute a contractual obligation imposed on the University or the Union and that no provision shall be the basis of a grievance or other legal proceeding against the University by the Union, any member of the bargaining unit or any other person.
Shift Differential TOP
1. Policy
  1. Staff Nurses working the evening or night shift shall receive in addition to his/her regular pay, shift differential pay. Shift differentials will be paid only to those staff nurses who are regularly scheduled for work at least a full (8) eight-hour evening and/or night shift or for those nurses who are called in for the remainder of a regularly scheduled eight hour shift.
  2. The evening shift is any shift that regularly starts on or after 2:00 p.m., but before 10:00 p.m. The night shift shall be any shift that regularly starts on or after 10:00 p.m. but before 4:00 a.m.
  3. Full-time staff nurses may be scheduled to work a split shift. That occurs when the employee works part of his/her shift at one time in the day and returns to work at a later time in the day to complete the shift. Employees regularly scheduled to work a split shift shall receive shift differential for these hours occurring in the evening or night shifts.
  4. Shift differentials must be included in determining overtime compensation.
Grievance Procedure TOP
1. Policy
  The Board of Curators has adopted the following resolution relating to grievance procedures for the administrative, service and support staff of the University of Missouri:
  1. The University recognizes the right of employees to express their grievances and to seek a solution concerning disagreements arising from working relationships, working conditions, employment practices or differences of interpretation of policy which might arise between the University and its employees. (See also policy on discrimination grievance.) A regular employee may process a grievance regarding any of these matters upon completion of his/her probationary period. A probationary, temporary, or part-time employee (less than 75% FTE) may process a grievance concerning issues of prohibited discrimination or application or interpretation of University policies and procedures. Grievance is defined as any complaint by an employee concerning any aspect of the employment relationship other than merit increases, performance evaluations and job reclassifications, unless such exceptions include an allegation of prohibited discrimination or other illegality.
  2. The procedures for processing grievances shall be as follows:
    1. Should an employee or the employee's representative feel after oral discussion with the immediate supervisor that employee's rights under University policy have been violated, the employee may originate a grievance within ten (10) days of the date the alleged grievable act occurred, by presenting the facts in writing to the proper supervisor, department head, or designated representative of the University, with a copy to the Campus Grievance Representative. The decision of such official shall be made in writing to the employee within ten (10) days after receipt of grievance. For an alleged act of prohibited discrimination, an employee has a 180-day filing period.
    2. Should the employee decide the reply is unsatisfactory, the employee or the employee's representative shall within five (5) days submit an appeal to the Campus Grievance Representative. The Campus Grievance Representative or designate shall respond in writing to the grievance within five (5) days from the date of the review. If the grievance is resolved, no further action will be necessary.
      
      If the grievance is not satisfactorily resolved, the employee or the employee's representative, may appeal within five (5) days after receipt of response to the University Grievance Representative Vice President, Human Resources or a designated representative) for the purpose of reviewing the grievance. The decision of the University Grievance Representative or designate shall be made in writing to the employee and/or to employee's representative within five (5) days after the date of the review.
    3. Should the employee decide that the reply of the University Grievance Representative or designate is unsatisfactory, the matter may be appealed within five (5) days of receipt of the response through the University Grievance Representative to a grievance committee which shall be established as follows:
      (1) The employee or employee's representative may designate one member.
      (2) The University through its Grievance Representative with the approval of the Chancellor of the campus shall appoint one member.
      (3) The selection of the third member shall be made by these two members. If mutually agreeable, the two designated members may select the third member from a list recommended by either and approved by both. Otherwise selection will be made from a list of committee members suggested by the Federal Mediation and Conciliation Service. The selection will be made by reducing the list in alternate turns. The toss of a coin shall determine the elimination sequence.
      (4) A decision of the grievance committee may be reached upon the concurrence of any two of the three members.
      (5) A hearing will be scheduled as soon as feasible after selection of the third committee member.
      (6) The grievance committee shall keep a complete record of the hearing before it, including any exhibits or papers submitted to it in connection with the hearing and a complete record of any testimony taken. Upon the rendering of its decision, the complete record shall be filed in the Office of the President of the University and shall be available to the employee, employee's representative and the University Grievance Representative.
      (7) Any cost of the third party on the committee and cost of transcript (if requested) shall be paid equally by the employee and the University.
    4. In the event the decision of the grievance committee is unsatisfactory to either the employee or the University Grievance Representative, either may within five (5) days after receipt of the decision of the grievance committee, file a written notice of appeal to the Board of Curators by delivering such notice of appeal to the President of the University.
    5. Upon the receipt of the notice of appeal, the President of the University shall cause the record of the hearing before the grievance committee to be filed with the Board of Curators of the University, who shall review such record. The decision of the Board of Curators, upon such review, will be final.
    6. The prescribed time limits may be extended by mutual agreement whenever necessary in order for these provisions to be implemented.
    7. The interpretation of "days" within this section is to be normal workdays (Monday through Friday) exclusive of official University holidays.
Policy Relating to Hours Worked TOP
In accordance with accepted principles of good patient care and employer/nurse relations, the University of Missouri develops schedules giving consideration to optimum patient care, overall scheduling patterns, and staff satisfaction. Other things being equal, assignment to shift vacancies will be determined by unit, then department seniority. As is current practice, schedules for nurses in the Nursing Service Department will normally be posted seven (7) days in advance of going into effect.
Call-In and Call-Back, Standby TOP
1. Call-In and Call-Back
  1. A nurse called in to work on a day when he/she has not been scheduled, and when he/she is not on standby, will be given a minimum of three (3) hours' work or a minimum of three (3) hours' pay if given less than three (3) hours' work.
  2. A nurse who is not on standby but who has completed his/her work schedule and has left the campus after which he/she is called back to work, will be given a minimum of three (3) hours' work or a minimum of three (3) hours' pay.
  3. A nurse called to work before his/her normal shift time and who continues working into his/her regular shift, will not be considered to be either called in or called back and will be paid only for all hours worked. If there is a reasonably brief period between the time of completing the work for which he/she is called in early and his/her normal starting time, this time will be considered also as time worked.
  4. Each nurse is expected to work when called unless excused for good and sufficient reason, which is to be administered by reasonableness and fairness.
  5. Nurses called in may be expected to do whatever work is necessary even though not part of their regular duties providing they have the necessary knowledge to perform the work safely and without risk to the equipment or operation. Common sense and good judgment will need to be exercised by the individual in each case.
  6. The hours paid for call-in and call-back will be credited toward hours worked in the week for overtime purposes, however, an employee will not be paid overtime or premium pay twice for the same hours worked nor is there to be pyramiding of pay for call-in or call-back time.
2. Standby
  1. Nurses will not normally be scheduled for standby but the University may schedule employees when it determines there is a need for standby. Usually, if this occurs, it will be on occasion of an emergency or for other special reasons. The University will be solely responsible for determining the need for and the number and qualifications of employees required for standby.
  2. Nurses on standby will be paid a flat rate per hour of call.
  3. Nurses who are on standby and who are called in for work will be paid standby pay plus pay for all hours worked on a call-in but not less than three (3) hours' pay for the call-in.
  4. Hours paid for standby will be paid a flat rate per hour of call. These standby hours will not be credited towards overtime. Subsequent call-ins while on standby will be credited toward hours worked in the week for overtime purposes, however, an employee will not be paid overtime or premium pay twice for the same hours worked nor is there to be pyramiding of pay for call-ins while on standby.
  5. The hours credited for work on a call-in while on standby will not include travel time to or from home as the minimum pay provision is to allow for the inconvenience and the travel time involved, but pay will begin from the time the nurse reports to the duty station.
  6. Nurses scheduled for standby work will be given as much advance notice as practical but not less than three (3) calendar days advance notice so that the employees may make their personal plans accordingly; however, in cases of emergency or during times of decreased census it may be necessary for the University to schedule employees for standby work with less than three (3) days notice.
    
    A nurse, at his/her option and as scheduling will allow, may take time off in the same week in an amount equal to any time worked as a result of being called in.
Nursing Service Personnel Guidelines TOP
Nursing Services policies and procedures are available on the nursing units. These shall not alter or be in conflict with Hospital, Campus or University policies or any provisions of this document.
Equal Employment/Non-Discrimination TOP
1. Policy
  1. The Curators of the University of Missouri do hereby reaffirm and state the policy of the University of Missouri on Equal Employment Opportunity in all employments at the University of Missouri. Equal opportunity shall be provided for all employees and applicants for employment on the basis of their demonstrated ability and competence without discrimination on the basis of their race, color, religion, sex, sexual orientation, national origin, age, disability, and status as Vietnam era veteran.
  2. Discrimination Grievance Procedure
    Equal opportunity is and shall be provided for all employees and applicants for employment on the basis of their demonstrated abilities and competencies without discrimination on the basis of their membership in a protected class as defined above. In the event that an employee or former employee at the University of Missouri believes discriminatory action has taken place based upon his/her membership in a protected class, a complaint may be filed under the grievance procedure outlined in Section IX Prior to utilizing the steps outlined in the grievance procedure, the individual who believes that discrimination has occurred may consult with the campus official with responsibility for affirmative action/equal opportunity. This official will counsel and advise the complainant regarding the protection offered by various discrimination laws regarding the filing and processing of a complaint with the University of Missouri. Employees shall be free from any restraints, interferences, coercion or reprisal as a result of filing a complaint, serving as a witness or seeking information regarding the grievance procedure.
Other Policies TOP
Other University policies that have applicability to the members of the bargaining unit include, but are not limited to, the following: HR-107 Attendance, HR-117 Layoffs, HR-119 Maintaining a Positive Work and Learning Environment, HR-211 Overtime, HR-218 Daylight Saving Time, HR-307 Worker's Compensation, HR-309 Educational Fee Reduction for Spouses and Dependents, HR-401 Holidays, HR-402 Vacations, HR-403 Personal Days, HR-404 Sick Leave, HR-407 Family and Medical Leave, HR-408 Leaves of Absence, HR-410 Legal Proceedings, HR-411 Voting, HR-412 Funeral Leave , HR-503 Rest Periods, HR-508 Drug/Alcohol Abuse in the Workplace, HR-510 Sexual Harassment, and HR-601 Discipline.
Reservation of Management Rights Clause TOP
The University and the Union agree that the efficiency of University operations requires clear management authority and freedom to make decisions. It is further understood and agreed that this document constitutes the entire Understanding of Policies of both parties concerning wages, hours, working conditions and other terms and conditions of employment and that decisions on matters not expressly provided for herein arereserved exclusively to the University. Notwithstanding anything in this Understanding of Policies to the contrary, the University reserves the right to modify unilaterally any of the provisions including, without limitation, those related to wages, hours, working conditions and other terms and conditions of employment, under the following circumstances:
1. In the event, during the term of this Understanding of Policies, of a reduction in annual appropriations from the Missouri General Assembly to the University or the withholding by the Governor of appropriations made by the Missouri General Assembly such that the appropriated funds available for University operations are less than the appropriated funds available for University operations during the preceding fiscal year;
2. In the event of enactment, promulgation, amendment or repeal of a law or regulation applicable to the University during the term of this Understanding of Policies which results either in a reduction of revenue available or an increase in expenses for University operations when compared to such revenue or expenses for the preceding fiscal year or which renders any provision unlawful; or
3. In the event of an unforeseen change in circumstances from those in existence at the time this Understanding of Policies was entered into which would result in an unreasonable burden, financial or otherwise, on the University or its employees.
  
  Prior to exercising its right to modify the provisions hereof any of the circumstances set forth in items 1, 2 or 3 above, the University will provide the Union with at least thirty (30) days prior written notice before implementing such modifications and will make a good faith effort to discuss the modifications, including the reasons therefore, with a Union representative within said thirty (30) day period prior to the effective date of such modifications.
Term of Understanding of Policies TOP

This Understanding of Policies shall be in effect for one year after the effective date denoted on the cover page.

Understanding of Policies Between the University of Missouri and the Missouri Nurses Association

Contents

Missouri Nurses Association

Nursing Services Policies and Practices

Policies