Overnight (Graveyard) Shift

NOTE: ALL REFERENCES TO THE "AGREEMENT' REFERS TO THE AGREEMENT BETWEEN KAISER PERMANENTE AND THE GUILD THAT IS IN EFFECT FROM JUNE 1, 2006 THROUGH MAY 31, 2009.

1. Purpose

This "Letter" is intended only for Overnight Pharmacist (Graveyard Pharmacists) The intent is to increase the desirability and accountability of and for that shift. This details for 7on/7off scheduling but other alternative scheduling is not precluded based upon mutual agreement of the Employer and the Guild.

2. Current Agreement

The current Agreement between the Guild and Kaiser remains in full force and effect except for changes contained in this agreement.

In the event there is any inconsistency between the terms of this Letter and the Agreement, the Agreement shall control.

3. 7/7 Participation

Participation in a 7 day on and 7 day off schedule (7/7) is limited to positions working the Overnight or "graveyard" shift. Positions will be filled by the job bidding process described by the present labor agreement. Pharmacists filling these positions shall have the same rights as other positions described by the present labor agreement.

Any Pharmacist who bids and receives a position with a 7 on/7 off workweek will sign an agreement that will describe the approved 7 on/7 off workweek along with other pertinent issues.

When it becomes necessary to provide coverage for pharmacists working a 7 on/7 off pattern, such as illness, vacation or other absence, only pharmacists currently working 7 on/7 off workweeks will follow a 7 on/7 off workweek. Pharmacists normally working the workweek as defined by paragraph 702 will continue to be allowed to do so. They will not be obligated to work in excess of the sum total of their regularly scheduled hours or days. Volunteers may temporarily assume a 7/7 schedule by mutual agreement.

Those Overnight pharmacists currently working a schedule other than 7/7 will be accommodated in retaining their existing schedules.

4. 7/7 Workweek Definition

The Employer and Union desire to provide bargaining unit employees the benefit of working 7 consecutive workdays and then having 7 consecutive days off but at the same time not causing the employer to incur overtime liability. The parties agree that this can be accomplished by defining the workweek for covered Pharmacists differently than the workweek set forth in paragraph 702 of the Agreement. The workweek may begin on any day and time during the calendar week and end at the end of 7 days. The defined workweek, and not the calendar week, determines the Employers weekly overtime liability.

See Appendix for sample workweek patterns.

5. 7/7 Rest and Meal Periods

The employer and pharmacist agree to follow the terms of Letter Of Understanding on On-Duty Meal and Break Periods.

6. Compensation Issues

An employee covered by this agreement will be paid:

A. If covered Pharmacists work over 40 hours in a defined workweek, they will be entitled to overtime for those hours in excess of 40 hours as set forth in the present labor agreement.

B. All hours worked over the regular scheduled workday will be compensated at one and one-half (12) times the employee's regular rate of pay. Overtime will be paid either as daily or weekly overtime, but not as both.

C. Hours worked beyond twelve (12) hours in any workday or any twelve (12) contiguous hours shall be compensated at double (2x) the employee's regular hourly rate of pay.

D. Paragraphs 732 E. (6th day premium) and 733 C. (7th day premium) of the Agreement shall not apply to covered Pharmacists working a 7 day on and 7 day off schedule.

 

E. Payment of overtime rates shall not be duplicated, and to the extent that hours are compensated for at overtime rates under one provision, they shall not be counted as hours worked in determining overtime under the same or any other provision, except that where two (2) or more overtime provisions apply, the greater will prevail.

7. Time-Off Benefits

A. Holidays

1. Holiday Pay - Hours not worked

(a) Full-time Employee

Employees shall be entitled to seven (7) designated holidays annually. Pursuant to paragraph 810 of the agreement, unworked holiday pay for full-time employees shall be calculated at the employee's straight time hourly rate times eight (8) hours, not to exceed fifty-six (56) hours annually. The employee may choose to:

(i) Work additional hours (up to normal schedule), during that workweek (or pay period if applicable) at straight time. The hours will be added to a scheduled workday. Management and pharmacist will determine additional hours by mutual agreement.

(ii) Supplement their pay with hours of PTO; or

(iii) Accept only the eight (8) hours of holiday pay.

(b) Part-time Employee

Employees shall be paid in acordance with agreement clause 816.

2. Holiday Pay - Hours worked

Under this agreement Regular full-time pharmacists shall be paid in accordance with the collective bargaining agreement (paragraph 814).

B. PTO & ESL

Paid time off (PTO) or Extended Sick Leave (ESL) shall be paid in hourly increments which equal the hours the employee would have been scheduled to work at the straight-time rate of pay.

C. Bereavement

Bereavement time off shall be paid in hourly increments which equal the hours the employee would have been scheduled to work at the straight-time rate of pay.

D. Jury Duty

Jury duty time off shall be paid in hourly increments which equal the hours the employee would have been scheduled to work, on the Graveyard shift, at the straight-time rate of pay. It is understood that the pharmacist will not be required to return to work from jury duty until the evening of the day following the last day of jury duty.

E. Other Issues

All other provisions of the agreement shall apply. Conflicts and questions will be resolved, as they arise, to the mutual satisfaction of all affected parties.

________________________________________ _____________________

Pharmacist         Date

________________________________________ _____________________

Manager             Date

 

 

 

7 on/7 off GRAVEYARD

Appendix, Sample Workweek Patterns

 

Sample 7 on/7 off Graveyard Work Pattern #1 - 80 hour

The work week is defined as Thursday at 2 am to Thursday at 2 am. The 7 consecutive shifts start Sunday night. Five shifts are 12 hour shifts are from 9pm to 9am The two 10 hour shifts are from 10 pm to 8 am. All shifts include on-duty meals.

SUN	MON	TUES	WED	THUR	FRI	SAT	Total
off a 10p-12a	12a-9a 9p-12p	12a-9a 9p-12p	12a-9a 9p-12p	12a-9a 9p-12p	12a-9a 9p-12p	12a-8a 10p-12p	72 hrs
12-8a off p	off	off	off	off	off	off	8 hrs

The above schedule is described below as part of the Defined Workweek (Thursday at 2 am to Thursday at 2 am).

THUR	FRI	SAT	SUN	MON	TUES	WED	Total
2 HW	0	0	2 HW	12 HW	12 HW	12 HW	40 HW
10 HW	12 HW	10 HW	8 HW	0	0	0	40 HW

 

 

Sample 7 on/7 off Graveyard Work Pattern #2 - 80 hours

The work week is defined as Monday at 1am to Monday at 1 am. The 7 consecutive shifts start Thursday night. Six shifts are 12 hour shifts are from 9pm to 9am The 8hr shift is from 11pm to 7am. All shifts include on-duty meals.

MON	TUES	WED	THUR	FRI	SAT	SUN	Total
off	off	off	off am 9p-12a	12a-9a 9p-12p	12a-9a 9p- 12 p	12a-9a 9p- 12 p	39 hrs
12a-9a 9p- 12 p	12a-9a 9p- 12 p	12a-9a 11p- 12 p	12-7a off pm	off	off	off	41 hrs

The above schedule is described below as part of the Defined Workweek (Monday at 1am to Monday at 1am).

MON	TUES	WED	THUR	FRI	SAT	SUN	MON	Total
0	0	0	3 HW	12 HW	12 HW	12 HW	1 HW	40 HW
11 HW	12 HW	10 HW	7 HW	0	0	0	0	40 HW

Sample 7 on/7 off Graveyard Work Pattern #3 - 80 hours

 

The work week is defined as Friday at 3 a.m. to Friday 3 a.m. The 7 consecutive shifts start on Monday night. Six shifts are 11.5 hrs shifts from 9:30 pm to 9am. The seventh shift is an 11hr shift is from 10pm to 9am. All shifts include on-duty meals.

 

MON	TUES	WED	THUR	FRI	SAT	SUN	Total
9:30p- 12 p	12a-9a 9:30p-12 p	12a-9a 9:30p- 12 p	12a-9a 9:30p- 12 p	12a-9a 9:30p-12p	12a-9a 9:30p-12p	12a-9a 10p-12p	71 hrs.
12a-9a pm off	off	off	off	off	off	off	9 hrs

 

The above schedule is described below as part of the Defined Workweek (Friday 3 a.m. to Friday 3 a.m).

 

FRI	SAT	SUN	MON	TUES	WED	THUR	FRI	Total
8.5 HW	11.5 HW	11 HW	9 HW	0	0	0	0	40 HW
0	0	0	2.5 HW	11.5 HW	11.5 HW	11.5 HW	3	40 HW

 

 

 

Sample 7 on/7 off Graveyard Work Pattern #4 - 70 hours

 

The work week is defined as Thursday at 2 am to Thursday at 2 am. The 7 consecutive shifts start Sunday night. Seven 10 hour shifts are from 10 pm to 8 am. All shifts include on-duty meals.

 

 

SUN	MON	TUES	WED	THUR	FRI	SAT	Total
off a 10p-12a	12a-8a 10p-12p	12a-8a 10p-12p	12a-8a 10p-12p	12a-8a 10p-12p	12a-8a 10p-12p	12a-8a 10p-12p	72 hrs
12-8a off p	off	off	off	off	off	off	8 hrs

 

The above schedule is described below as part of the Defined Workweek (Thursday at 2 am to Thursday at 2 am).

 

 

THUR	FRI	SAT	SUN	MON	TUES	WED	Total
2 HW	0	0	2 HW	10 HW	10 HW	10 HW	34 HW
8 HW	10 HW	10 HW	8 HW	0	0	0	36 HW

 

Working Meal Waiver

1. Kaiser Foundation Hospitals and Kaiser Foundation Health Plan, Inc. (herein Employer) and the Guild for Professional Pharmacist (herein Guild) agree that this side letter agreement is to run concurrently with the present labor agreement between the parties effective June 1, 2006 and expiring on May 31, 2009 ("the side letter").

2. The Employer and Guild agree that the nature of the work of the Pharmacists who are scheduled to work as the only Pharmacist on a shift at the Employer’s pharmacies prevents those Pharmacists from being relieved of all duty during the Pharmacists’ meal and break periods and that such Pharmacists shall work an on-the-job meal period and break periods that shall be paid for by the Employer.

3. Pharmacists working on schedules referenced in paragraph 2 who no longer wish to work such schedules may submit transfer requests to other positions in accordance with the collective bargaining agreement. They must continue to work an on-duty meal and break period schedule while in on-duty meal and break period positions.

4. In reaching agreement, the parties recognize that the on-duty meal and break period arrangement under this side letter is the only way to ensure that the affected Pharmacists receive a 30-minute meal period as required by California law. Both parties recognize that compliance is not achieved by having Pharmacists work through an off-duty meal and break periods even if they are paid a denied meal and/or break period penalty.

5. In view of the foregoing, the parties agree that only the Union will retain the right to revoke an on-duty meal and break period. If the Union desires to revoke this side letter, it must notify the employer, in writing, of its desire. The Guild and Employer will meet and bargain the effective date of such a revocation. It is understood the Employer requires a reasonable amount of time to implement such a change.