Collective bargaining is the process in which working people, through their union, negotiate contracts with their employer to determine their terms of employment. This can include pay, benefits, hours, leave, health and safety policies, and more. Collective bargaining can also be a way to solve worksite issues. Through collective bargaining, working people in unions have stronger wages, better benefits and safer workplaces.

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COLLECTIVE BARGAINING AGREEMENT

Between SEIU Local 503 and Evergreen

2024-2027

PROACTIVE LABOR RELATIONS

Both parties recognize that it is to their mutual advantage and for the protection of the patients to have an efficient and uninterrupted operation of the facility. Accordingly, this Agreement establishes such harmonious and constructive relationships between the parties that such results will be possible.

On behalf of the bargaining unit employees, the Union agrees to cooperate with the Employer to attain and maintain full efficiency and optimal patient care.

The Employer and the Union agree that all facility employees, managers, and Union Representatives will treat each other with dignity, respect, and courtesy. The preceding principles shall also apply while providing service to patients and visitors.

Notwithstanding any other provision of this Agreement, the Union and the Employer shall designate a top-level representative to discuss complaints about alleged violations of this Agreement or the Alliance Agreement. If one Party believes that the other Party has violated these standards, the affected Party should contact the other Party’s representative by phone or electronic mail. The Parties should have a direct conversation within forty-eight (48) hours to discuss the issue.

ARTICLE 1 – RECOGNITION

1.1 The separate Employers

• EmpRes Hillsboro Health and Rehabilitation Center, Hillsboro SNF Operations, L.L.C
• Windsor Health and Rehabilitation Center, Windsor SNF Operations, L.L.C.
• Milton Freewater Health and Rehabilitation Center, Milton Freewater SNF Operations, L.L.C.
• Independence Health and Rehabilitation Center, Independence SNF Operations, L.L.C.
• La Grande Health and Rehabilitation Center, La Grande SNF Operations, L.L.C.
• Portland Health and Rehabilitation Center, Portland SNF Operations, L.L.C.
• The Dalles Health and Rehabilitation Center, The Dalles SNF Operations, L.L.C
• Cascade Valley Assisted Living, Cascade Valley ALF Operations, L.L.C. 

which all parties agree are separate Employers for all purposes and separate limited liability companies for all purposes, each agree to associate with the others for the purpose of recognizing the Union as the exclusive bargaining representative of a single bargaining unit, as provided for under federal labor law regarding multi- Employer bargaining, for all employees, excluding supervisors, managers, the positions of Medical Records Director, Social Services Director, Admissions Director, RNs and LPNs and other professional employees, guards and confidential employees.

1.2 Any new classifications established during the term of the Collective Bargaining Agreement shall be subject to negotiations between the Employer and the Union.

1.3 When the Employer hires a new bargaining unit employee, it shall advise that employee in writing that there is an agreement with the Union. This notice shall quote the Union security and check-off provisions of this Agreement.

ARTICLE 2 – UNION SECURITY

2.1. Not later than the thirty-first (31st) day following the beginning of employment, or the effective date of this Agreement, whichever is later, every employee subject to the terms of this Agreement shall, as a condition of employment, become and remain a member of the Union, paying the periodic dues uniformly required, or in the alternative shall, as a condition of employment, pay a fee in the amount equal to the periodic dues uniformly required as a condition of acquiring or retaining membership.

2.2. The condition of employment specified above shall not apply during periods of formal separation from the bargaining unit by any such employee but shall reapply to such employee on the thirty-first (31st) day following his or her return to the bargaining unit. For purposes of this Paragraph, the term “formal separation” shall include transfers out of the bargaining unit, removal from the payroll of the Employer and leaves of absence of more than one (1) month duration.

2.3 The Union shall provide the Employer with a list of bargaining unit employees who have provided a written, electronic or recorded oral request to have monthly Union dues and/or agency fees, plus any additional voluntary Union deductions, deducted from the employee’s pay and remitted to the Union (“Union Member List”). Such Union Member List shall similarly identify any membership cancellations or other changes in employee dues, fees or other deductions. If the Union Member List is submitted to the Employer electronically by at least ten (10) calendar days 6 before Employer’s next pay date, then the Employer shall process such deductions or changes no later than such pay date; otherwise Employer shall process such deductions or changes no later than the next following pay date. Any written applications for Union membership, authorizations 5 for Union dues, authorizations for payment of agency fees and/or other Union-related deductions or dues cancellations which the Employer receives shall be forwarded to the Union. The Union will maintain the written, electronic and recorded oral authorization records and will provide copies to the Employer upon request.

2.4 The ability of a bargaining unit employee to revoke his or her written, electronic or recorded oral dues deduction authorization shall be determined by the terms and conditions of such specific dues deduction authorization. Union shall notify Employer thirty (30) days prior to implementing any material change in such deduction authorization(s) and provide Employer with new blank written deduction authorizations as necessary.

2.5 The deductions collected from all employees for any pay dates in a calendar month shall be remitted to the Union’s Salem headquarters no later than the tenth (10th) of the following month. An electronic itemized statement shall be sent to the Union no later than ten (10) calendar days following each pay date. This information will be provided in electronic format. This statement shall include the following information for every bargaining unit employee if readily available:

• Name of employee Job classification
• Employee Identification Number Date of Birth
• Gross pay for the pay period
• Regular / Base pay for the pay period Hire date
• Work phone number and email address Work location
• Home phone number and home address
• Full-time, part-time, or on-call status Regular shift (DAY, EVE, NOC)
• Amount of dues deducted from regular / base pay Amount of other deducted from regular / base pay Regular hours worked

The above statement will include any bargaining unit employees for whom no amounts were deducted and the reason for the lack of deduction (i.e., termination, transfer out of bargaining unit, leave of absence, deceased, new hire, etc.).

2.6 Upon written notice to the Employer from the Union that an employee has failed to maintain Union membership in good standing (which shall mean payment of dues and fees uniformly required of all members) and has failed to pay appropriate agency-fees as described above, the Employer and the Union shall meet with the employee to determine a reasonable resolution. If no resolution is reached, the Employer will, not later than fifteen (15) days from receipt of notice from the Union, terminate said employee.

2.7 The Union will indemnify and hold harmless the Employer with respect to any asserted claim or obligation or cost of defending against any such claim or obligation of any person arising out of the Employer deducting and remitting Union dues, fees, or any other contributions to Union, or for Employer taking any action for the purpose of complying with any of the provisions of this Article. The Union will have no monetary claim against the Employer by reason of failure to perform under this Article, with the exception of back payment of Union dues. This provision will only be enforced after sixty (60) days of the Union initially notifying the Employer of failure to submit Union dues and fees. Any other remedies for failure to deduct dues will comply with State and Federal deductions law.

ARTICLE 3 – NO DISCRIMINATION

3.1 No Discrimination. Neither the Employer nor the Union shall unlawfully discriminate for or against any employee or applicant covered by this Agreement on account of race, color, religious creed, national origin, citizenship status, union membership status or activities, lawful political affiliation, veteran status, disability, medical condition, sexual orientation, sex, gender identity, gender expression, age, marital status, or any other protected class.

3.2 Language in the Workplace. The Employer promotes a diverse workforce and recognizes that employees may be more comfortable conversing in a language other than English. The Employer respects the right of employees to do so. The Employer strives to balance this interest with its obligation to operate safely, efficiently, and in accordance with applicable law. Employees must have sufficient communication and language skills to enable them to perform their duties and communicate with residents, other staff, family members, and health care professionals, as required to perform the essential functions of their position.

Except when it is necessary to ensure the safe, efficient, and patient-centered care of residents, employees may speak the language of their choice. For example, English is not required when an employee is on a rest break, during a meal break, or at other non- work times. Additionally, English is not required when employees are not directly performing their job duties such as talking with coworkers while moving from one assignment to the next or while engaged in personal matters. These communications, however, must occur outside the presence of residents or family members of a residents who do not understand the language being spoken.

To operate safely, efficiently, and in accordance with applicable law there are times when the Employer requires employees to communicate or take direction and guidance in English. For example, employees must communicate in English when:

Interacting with residents, their families, or anyone acting on a resident’s behalf, unless the resident’s care plan unequivocally expresses a preference for communication in another language. Residents are entitled to be communicated with by staff in a language that they understand.

Promoting the safety of residents or ensuring efficient and effective operations. For example, English is required when communicating with co-workers during emergencies, when discussing patient care, or when discussing or performing teamwork assignments unless all employees involved in the discussion effectively speak and understand the same common language. Communicating with supervisors to receive direction and instruction or when supervisors are evaluating an employee’s performance monitoring and evaluating the performance of employees whose job duties require communication with coworkers or residents or their families unless all employees involved in the discussion effectively speak and understand the same common language.

To operate safely, efficiently, and in accordance with applicable law the Employer will communicate safety, facility, and security related materials to employees in English. Additionally, all team or department meetings that relate to business operations, safety, and resident care will be conducted in English.

Employees who believe a violation of this policy has occurred should notify their Department Manager, Administrator, or the VSO Human Resources Department. The Employer prohibits retaliation against any employee or witness who makes a good faith complaint about a potential violation of this policy.

3.3 Union Participation. No employee or applicant for employment covered by this Agreement shall be discriminated against because of membership in the Union or activities on behalf of the Union. As defined by applicable law, employees have the right to participate in or decline to participate in union activities. Neither the Union nor the Employer will coerce, intimidate, discriminate, or retaliate against an employee for participation or declination in union activities.

3.4 Immigration. The Union and the Employer have a mutual interest in retaining qualified and trained employees. Accordingly, to the extent permitted by law, either Party may request that the other meet and discuss subject matter related to the Immigration Reform and Control Act or any other current or future legislation, government rules, or policies related to immigration law.

A. The Union is obligated to represent all employees without discrimination based upon national or ethnic origin. Therefore, the Union is bound to protect employees against violations of their legal rights occurring in the workplace, including unreasonable search and seizure. The Employer is obligated to comply with all applicable federal, state, and local regulations in addition to operating within all parameters and specific conditions set in their private compliance agreement with federal, state, and local regulatory officials.

3.5 Non-discrimination. To the extent permitted by law, no employee covered by this Agreement shall suffer any loss of seniority, compensation, or benefits solely due to any changes in the employee’s name or social security number, provided that the new social security number is valid and the employee is authorized to work in the United States. Employees who have falsified any records concerning their identity or social security number will be terminated. Nothing in this section shall restrict the Employer’s right to terminate an employee who falsifies other types of records or documents. To the extent permitted by law, the Employer shall not act against an employee solely because the employee is subject to an immigration proceeding where the employee is otherwise entitled to work.

3.6 Workplace Immigration Enforcement. To the extent permitted by law, the Employer shall notify a Union representative promptly if the Employer receives a “no- match” letter from the Social Security Administration (“SSA”), if it is contacted by the Department of Homeland Security (“DHS”), regarding the immigration status of an employee covered by this Agreement, or if a search or arrest warrant, administrative warrant, subpoena, or another request for documentation is presented. The Union will keep confidential any information it obtains per this provision. It will use any such information solely to represent or assist the affected employee(s) about the DHS matter. Recognizing the Article’s intent, the Employer will comply with legal authorities, including agents of the DHS, only as it deems necessary and appropriate.

To the extent permitted by law, the Employer shall permit inspection of I-9 forms by DHS or DOL only after a minimum of (3) three days written notice, or another such period as provided by law or where such inspection is otherwise following the provisions of this Section. The Employer also shall permit review of I-9 forms where a DHS search or arrest warrant, administrative warrant, subpoena, or other legal process signed by a federal judge or magistrate names employees or requires the production of I-9 forms. To the extent permitted by law, the Employer shall not provide documents other than the I-9 forms to DHS for inspection or reveal to the DHS the names, addresses, or immigration status of any employees in the absence of a valid DHS administrative subpoena, a search warrant, or subpoena signed by a federal judge or magistrate, or where otherwise required by law, or it is otherwise deemed by the employer to be appropriate under the circumstances. In addition, to the extent permitted by law, the Employer shall offer a private setting for questioning of employees by DHS.

3.7 Reverification of Status. To the extent permitted by law, no employee employed continuously on or before November 6, 1986, shall be required to document immigration status. To the extent permitted by law, the Employer shall not require or demand proof of immigration status, except as required by 8 USC 1324a (1)(B) and listed on the back of the I-9 form or as otherwise required by law.

Suppose the Employer sells the business or its assets. In that case, to the extent permitted by law, the Employer shall offer to transfer the I-9 forms of its employees to the new employer or, at the employer’s option, to jointly maintain the I-9 records of its employees with the successor employer for three (3) years, after which the successor employee shall maintain said forms. To the extent permitted by law, the Employer shall not take adverse employment action against an employee based solely on the results of a computer verification of immigration or work authorization status.

3.8 Social Security Discrepancies. Suppose the employer receives notice from the SSA that one or more of the employee names and Social Security numbers (“SSN”) that the employer reported on the Wage and Tax Statements (Forms W-2) for the previous tax year do not agree with the SSA’s records. In that case, to the extent permitted by law, the Employer will provide a copy of the notice to the employee and the Union upon receipt.

To the extent permitted by law, the employee will be provided with an opportunity to address and correct the issue within 60 days or as otherwise allowed by applicable laws and regulations. To the extent permitted by law, the Employer agrees that within the 60- day timeline, the Employer: will not take any adverse action against any employee listed on the notice, including firing, laying off, suspending, retaliating, or discriminating against any such employee, solely because of the receipt of a no-match letter or another discrepancy; will not require employees listed on the notice to bring in a copy of their Social Security card for the employer’s review, complete a new I-9 form, or provide new or additional proof of work authorization or immigration status solely because of the receipt of a no- match letter; and will not contact the SSA or any other government agency solely due to a no-match from the SSA.

Suppose the discrepancy is not resolved within 60 days. In that case, to the extent permitted by law, the Employer may take any necessary action, including termination of employment, to correct the issue and avoid risk or liability to the employer.

3.9 Seniority and Leave of Absences for Immigration-Related Issues. Upon request, the Employer will release an employee for up to five (5) unpaid working days per year to attend a DHS proceeding or address any other immigration-related matters of the employee or immediate family. The Employer may request verification of such leave.

To the extent permitted by law, the Employer shall not discipline, discharge, or discriminate against any employee because of national origin or immigration status or because the employee is subject to immigration or deportation proceedings. To the extent permitted by law, an employee subject to immigration or deportation proceedings shall not be discharged solely because of pending immigration or deportation proceedings, so long as the employee is authorized to work in the United States.

Suppose an employee has a problem with their right to work in the United States after completing their introductory or probationary period. In that case, to the extent permitted by law, the Employer shall notify the Union in writing and meet to discuss the nature of the problem before taking any Corrective Action.

Suppose an employee does not provide adequate proof of authorization to work following their probationary or introductory period and the Employer terminates their employment, for solely that reason. In that case, to the extent permitted by law, the Employer will use its best efforts to reinstate the employee to their former position, if available, upon the employee providing proper work authorization within twelve (12) months from termination. If such employee needs more than one (1) year to provide such authorization to work, to the extent permitted by law, the Employer will rehire the employee into the next available opening in their former classification, as a new hire without seniority, upon the employee providing the authorization within twenty-four (24) months from termination. Such rehired employees will be subject to a further ninety (90) day probationary period.

3.10 Change of Immigration Status Benefit. On the day an employee becomes a U.S. citizen, the Employer will compensate the employee with a one (1) time paid personal day off to recognize the employee’s citizenship.

ARTICLE 4 – MANAGEMENT RIGHTS

The Union recognizes that the Employer must serve its residents with the highest quality of care, efficiently and economically, and address medical emergencies. Therefore, except to the extent abridged, delegated, granted, or modified by a provision of this Agreement, the Employer reserves and retains the responsibility and authority that the Employer had before signing this Agreement, and these responsibilities and control shall remain with management. It is agreed that the Employer has the sole and exclusive right and authority to determine and direct the policies and methods of operating the business, subject to this Agreement. It is agreed that the Employer has the sole and exclusive right and authority to determine and direct the policies and methods of operating the business, subject to this Agreement.

The parties intend the following Management Rights language to satisfy all legal criteria established by the NLRB to allow Employer to unilaterally make changes to specifically identified terms and conditions of employment. The parties agree that they discussed, to each party’s satisfaction, the subjects in this Section during collective bargaining negotiations and that Union clearly and unmistakably expressly waived its right to bargain before Employer unilaterally changes the following enumerated subjects. Accordingly, during the term of the Agreement, except when such rights are specifically abridged or modified by this Agreement, Union with this grants Employer the right and authority to make changes unilaterally (i.e., without giving Union notice and an opportunity to bargain concerning the decision or impact of the decision) within the following subjects or terms and conditions of employment:

• To manage, direct and control its property and workforce;
• To conduct its business and manage its business affairs;
• To direct its employees;
• To hire;
• To assign work;
• To transfer;
• To promote;
• To layoff;
• To recall;
• To evaluate performance;
• To determine qualifications;
• To discipline;
• To discharge;
• To adopt and enforce reasonable rules and regulations;
• To establish and to effectuate existing policies and procedures including but not limited to a drug\alcohol testing policy and an attendance/tardiness control policy;
• To establish and enforce dress codes;
• To set standards of performance;
• To determine the number of employees, the duties to be performed, and the hours and locations of work, including overtime;
• To determine, establish, promulgate, amend and enforce personal conduct rules, safety rules, and work rules;
• To determine if and when positions will be filled;
• To establish positions;
• To discontinue any function;
• To create any new service or process;
• To discontinue or reorganize or combine any department or branch of operations;
• To evaluate or make changes in technology and equipment. In the event employees request clarification on the application of new technology or use of new or different equipment, the Employer will meet and discuss the issues with the affected employees;
• To establish shift lengths;
• To either temporarily or permanently close all or any portion of its facility or to relocate such facility or operation;
• To determine and schedule when overtime shall be worked;
• To determine the number of employees required to staff the facility, including increasing or decreasing that number;
• To determine the appropriate staffing levels required for the facility, including increasing or decreasing that number; and,
• To determine the appropriate mix of employees, by job title, to operate the facility.

The parties recognize that the above statement of management responsibilities is for illustrative purposes only and should not be construed as restrictive or interpreted to exclude those prerogatives not mentioned inherent in the management function. All matters not covered by the language of this Agreement may be administered by the Employer on a unilateral basis, following such policies and procedures as it from time to time shall determine.

4.1 No Waiver. The Employers’ failure to exercise any function or responsibility now reserved to it, or its exercising any function or right in a particular way, shall not be deemed a waiver of its ability to exercise such function or responsibility, nor preclude the Employer from exercising the same in some way not in conflict with this Agreement.

4.2 Employer Handbook. As outlined in the Employee Handbook, the Employer’s Rules and Regulations shall apply to all Union employees to the extent that such term, condition, policy, or procedure is not inconsistent with this Agreement. The Parties understand that the CBA’s provisions govern in the event of a conflict. The Employer shall continue to update the Union with changes to the Employee Handbook within fourteen (14) calendar days of any effective change(s). Said change in a term or condition of employment in the Employee Handbook shall not be unlawful nor in conflict with the provisions of this Agreement. The Union reserves the right to grieve any new policies in the Employee Handbook, which conflict with the CBA in the Union’s view. The Union must file a grievance within 30 days of the Union receiving written or electronic notice of the changes.

4.3 Supervision and Work Assignments. Employees shall work as directed by supervisory personnel. Under all circumstances, the Employer reserves the right to lawfully establish the number of employees and the work methods necessary to perform any activity per this CBA.

ARTICLE 5 – UNION RIGHTS, REPRESENTATIVES, AND STEWARDS

In the interest of promoting a positive approach to labor-management relations and achieving joint public policy goals, the parties agree to the following:

5.1 Professional Courtesy and Behavior. The Parties encourage everyone to perform efficiently, courteously, and dignifiedly when interacting with employees, facility residents, and visitors. The Parties agree that all facility employees, managers, and Union representatives will treat each other with dignity, respect, and courtesy. The preceding principles shall also apply in providing service to patients and visitors. During typical labor relations (e.g., disciplines, the grievance process, L MC meetings, etc.), neither the Union nor the Employer shall use hostile rhetoric in written or verbal communication concerning the mission, motivation, leadership, character, integrity, or representatives of the other. Section 5.1 does not require the Union or the Employer to monitor others’ social media.

5.2 Anti-Harassment. The Employer and the Union agree that behaviors that harm, intimidate or coerce employees are inappropriate and unacceptable in the work environment. Examples of such behavior include, but are not limited to:

1. Intimidating messages, in various forms, including written, oral, social media, etc.

2. Obscenities, profanities or vulgar verbal, written comments, images, or gestures, directed at another person.

3. Degrading and/or targeting a person or group on the basis of a personal, cultural, and/or individual characteristics.

The Parties agree that such behaviors cannot be allowed in the workplace. The Parties further acknowledge that routine efforts to manage employee performance, conduct performance reviews and administer Corrective Action (Disciplinary Action) do not constitute prohibited behaviors. Neither the Employer’s rights nor the Union’s rights in this CBA or under law shall be abridged by this contract provision.

5.3 Facility Access of Union Representatives. The Union will provide the Union representative’s name to the Employer. Union representatives shall have access to the facility to confer with the Employer, Union Stewards, or members and administer this Agreement. The Union shall provide twenty-four (24) hours advance notice, via email to the facility Administrator, for facility access before entry. The Administrator may deny facility access by an emailed response when the Union representatives did not provide sufficient notice before entry or under extraordinary circumstances such as state survey or a contagious illness in the facility. If the Administrator does not respond to the advance email, the Union representative may access the facility per the notification. If the facility visit is about filing an employee’s grievance or investigating a potential grievance, the Union representative shall immediately access the Employer’s premises. Upon entering the facility, the Union representative shall notify the Administrator, or their designee, of the representative’s presence. Union representatives shall confer with employees during the employee’s non-working time in the employee break room and other non-work areas.

5.4 Union Information. The Employer will:

1) Furnish and install at least one (1) bulletin board in each employee break room or facility for posting union notices, with a copy being given to management at the time of the posting. This bulletin board shall be no smaller than three feet by four feet (3’ x 4’). The Union and the Employer will confer upon the location of the bulletin board.

2) Allow the Union to furnish a binder to be kept in the break room to store membership forms, copies of the contract, Union contact information, and other union materials.

3) Additionally, as space permits, allow the Union to furnish a secure deposit box and a shelf, installed by the Employer on the wall of the break room to keep internal Union information including, but not limited to, Union election nomination forms and ballots, grievance forms, membership surveys, etc.

5.5 Union Stewards. The Union shall designate Union stewards and notify the Employer in writing who the stewards are and any new stewards or any change in status of existing stewards. The Union Stewards’ performance of union work shall not interfere with the facility’s operation nor the performance of employees’ job duties. Union stewards shall receive their base rate of pay for time spent processing grievances and representing Bargaining Unit Employees in meetings with the Employer during stewards’ scheduled hours of employment. Union stewards shall also receive their base rate of pay for time spent representing Bargaining Unit employees in all meetings where the Employer requested that the Steward process a grievance or represent a Bargaining Unit Employee outside of the stewards’ scheduled hours of employment. In no case shall the Employer be required to pay more than one (1) steward at a time for such work. A union steward may receive phone calls from union representatives while on work time, in private if requested, not to exceed ten (10) minutes per shift. Such calls shall not interfere with resident care. If Bargaining Unit Employees request time off to attend steward training, the Employer will make every effort to approve such requests considering operational needs. Bargaining Unit Employees requesting time off to attend steward training will make every effort to comply with the Employer’s policy for requesting time off.

5.6 Union New Employee Orientation. Each month, the Employer will provide the Union Stewards in each facility with the names of all employees newly hired into bargaining unit job classifications. In addition, the Employer shall provide thirty (30) minutes of paid time for both a Union Steward and the new employees to conduct a New Union Employee Orientation (NUEO). The NUEO shall occur in an Employer-provided room. If Union access is restricted during the scheduled orientation, the Employer will use its best efforts to facilitate the Union Steward and new employees meeting virtually. The Union will establish the virtual meeting capability, such as a conference line or Zoom videoconference. Such Union Orientations will be mandatory for all Bargaining Unit Employees within their first month of hire.

5.7 Daily Stipend for Joint Lobby Days. The Employer will designate two (2) days per calendar year to grant leave time for employees participating in lobby days approved by the Labor- Management Coalition for Quality Care. The Union and the Employer may, upon mutual agreement, establish additional days. The Employer will make every reasonable effort to release employees, as designated by the Union for lobby days, considering operational needs. Additionally, the Employer agrees to pay up to two (2) bargaining unit employees per facility a fifty dollar ($50) daily stipend when such employee(s) incurs lost wages for the time spent in conjunction with such approved lobby days. The compensation will be paid in the qualified employee’s regular paycheck subject to all payroll rules. The Employer can alternatively select more than two (2) employees per facility if operational needs allow, and the total number of employees participating company-wide doesn’t exceed the overall total of up to two (2) employees per facility. The Union will identify and select the employees eligible for the stipend within the framework above and verify such employee’s lobby day participation at the approved event.

5.8 Volunteer Union Activities. Employees may utilize earned paid time off for employee activity under this Article, including collective bargaining with the Employer, which does not fall under paid time. Under no circumstance will employees experience a reduction of status or lose health care benefits for employee activity under this Article. 18

5.9 All Staff Meetings. When the Employer holds its regularly scheduled All Staff Meetings at the facility, a Union Representative or Union Steward shall be allowed to address the Bargaining Unit for up to ten (10) minutes when possible. The Employer may limit this time for extraordinary circumstances such as viral outbreaks or state inspections.

ARTICLE 6 – PROBATIONARY BARGAINING UNIT EMPLOYEES

6.1 Probationary Period. New Bargaining Unit Employees shall be on probation for ninety (90) calendar days from their date of hire.

6.2 Retainment of New Hires. The employer will make best efforts to conduct a performance assessment meeting sometime between the thirtieth (30th th ) and Sixtieth (60) day of an employee’s probationary period. The employee’s supervisor will review the employee’s performance in an effort to identify the skills and behaviors to be improved so that the employee can successfully continue employment beyond the probationary period.

6.3 No Just Cause During Probationary Period. At any time during or at the end of the probationary period, the Employer may discharge any probationary employee at will and such discharge shall not be subject to the grievance and arbitration provisions of this Agreement. For part- time employees and for newly-licensed CNAs working in their first CNA positions, the ninety (90) day probationary period may be extended by a maximum of thirty (30) days at the discretion of the Employer, upon written notice to both the employee and the Union announcing that extension.

6.4 Probationary Period Seniority. Seniority shall not accrue during the probationary period. Upon the successful completion of the probationary period, an employee’s seniority shall be back dated to the employee’s original date of hire.

ARTICLE 7 – TEMPORARY EMPLOYEES

7.1 Temporary employees may be hired only for special projects or to replace employees on vacation or leave of absence.

7.2 Temporary employees may be hired for up to three (3) months. If a temporary employee is hired to replace an employee on leave of absence, the three (3) month period may be 19 extended for the length of the approved leave of absence. However, after the initial three (3) months, temporary employees shall be covered by this Agreement and shall accrue seniority from their dates of hire.

7.3 Temporary employees shall be covered by all terms of this Agreement, except that they shall not be entitled to seniority. If a temporary employee is hired into a permanent position, his or her seniority shall be retroactive to his or her date of hire as a temporary employee.

7.4 Temporary positions shall be posted in accordance with the job posting provisions of this Agreement. Permanent employees shall have an opportunity to bid on temporary hours before they are offered to new hires. Seniority shall govern if more than one qualified permanent employee bids on a temporary position.

7.5 If a permanent employee receives a temporary position, he or she may return to his or her permanent position when the temporary position ends. The Employer may delay the date on which the permanent employee assumes the temporary position until the permanent position is filled. The delay will be no longer than twenty-one (21) days.

ARTICLE 8 – SENIORITY

8.1 Definition. An employee’s seniority shall be defined as the length of time the employee has been employed in any bargaining unit classification at any Evergreen- managed facility. The Employer and the Union agree that in all cases of transfer, layoff, recall, vacation preference and permanent shift or schedule change; seniority shall be determinative in the event a selection among employees is required.

8.2 Accrual.

1. Accrual of seniority begins upon an employee’s successful completion of the probationary period, and is retroactive to the employee’s date of hire.

2. Seniority shall cease to accrue but shall not be lost in the event of a layoff or leave of absence longer than three (3) months.

3. An employee’s seniority shall be lost in the event of their:

• a. Voluntary resignation or retirement;
• b. Discharge for just cause;
• c. Failure to return to work upon expiration of an authorized leave of absence; and 20
• d. Layoff in excess of one (1) year.

8.3 Layoff. No layoff or permanent reduction in hours shall be implemented without:

1. Notifying the Union seven (7) days in advance. Such notice shall indicate the job classifications, number of hours, and employees who will be affected by the reduction in staff.

2. The Union may request a meeting for the purpose of avoiding or mitigating said layoff and discussion of the procedures to be followed. Any such meeting shall be held within four (4) days of the notice of layoff.

3. Probationary and temporary employees within the affected job classification shall be laid off or have their hours reduced first, without regard to their individual periods of employment. Non- probationary employees shall be laid off or have their hours reduced next in reverse order of their seniority. No more senior employee shall have his or her hours reduced as long as there is a less senior employee working hours in the same job classification on the same shift. Low Census and Over Budget Situations. During temporary periods of low census; i.e., sudden drops in census, or at any other time when the Employer is staffed in excess of its budgeted hours for that shift, the Employer may reduce hours on a temporary basis without regard to the notification and meeting requirements as outlined in Sections C(1) and C(2) in this Article. If this becomes necessary, the Employer shall first ask for volunteers who wish to reduce their hours on a temporary basis. If there are multiple volunteers, then the Employer will accept volunteers in rotating seniority order, starting with the most senior employee on the shift. Employees who volunteer shall have the option of using vacation, if available, or taking unpaid time. Employees may volunteer to give up whole or partial shifts. If there are no volunteers, the Employer may cancel employees’ shifts or reduce hours, pursuant to the following rules:

a. The Employer may eliminate full shifts. The Employer also may shorten the length of the work shift of one or more employees per department, per shift.

b. If the Employer is going to cancel a full shift, it will cancel shifts in rotating seniority order, starting the rotation with the least senior employee working the shift and progressing to the most senior employee on that shift.

c. No employee shall lose more than fifteen (15) hours per calendar month due to involuntary shift cancellations or reductions. If it becomes necessary to reduce hours due to a low census situation and the least senior employee on duty has already lost fifteen (15) hours during that calendar month, the Employer shall skip that employee and move on to the next least senior employee on duty.

d. An employee who is not notified that his or her shift has been cancelled or reduced to less than three (3) hours until he or she arrives at work will be paid for no less than three (3) hours of work at his or her regular rate of pay. Such minimum guarantee shall not apply if the Employer makes a reasonable effort to notify the employee at least two (2) hours prior to the scheduled starting time that the employee is scheduled to report to work. It shall be the employee’s responsibility to keep a current telephone number on file with the Employer. Failure by the employee to do so shall exempt the Employer from such notification requirement and from the above minimum guarantee. Reasonable effort shall be defined as an Employer telephone call to the telephone number provided by the employee and either leaving a message with the person who answers the telephone or leaving a message on the employee’s answering machine.

e. 1. In a low census situation lasting one (1) month or less, employees do not have bumping rights in cases of either hour reductions or shift eliminations.

2. For purposes of hour reductions, a more senior employee shall not have more hours reduced involuntarily than a less senior employee in the same shift and department. If the census remains low enough to prompt shift cancellations for more than one (1) month, the Employer is barred from further shift cancellations for a one-month period and must use the layoff procedure described in Sections C(1), C(2) and C(3) of this Article above.

g. No employee will lose eligibility for benefits because of hours reductions that take place, voluntarily or involuntarily, pursuant to Section (C4) of this Article.

8.4 Bumping.

1. An employee whose hours are being cut or who is being laid off may fill any vacant position or may displace a less senior employee in any bargaining unit job classification provided that he or she has the qualifications to do the job.

2. An employee who is displaced in a layoff or has hours reduced shall also have bumping rights.

3. A laid-off employee may combine the jobs of two (2) less senior employees in the same classification, provided there is no conflict in schedule.

8.5 Recall.

1. Whenever a vacancy occurs while employees are on layoff, laid-off employees who are qualified to fill the vacancy shall be recalled in order of seniority.

2. Recall rights shall last for one (1) year.

ARTICLE 9 – ASSIGNMENTS AND JOB POSTINGS

9.1 Employees hired before the ratification of this Agreement shall work the hours and in the 22 classifications they worked when the Agreement is ratified. Employees hired after the date of this Agreement shall work the hours and in the classifications for which they were hired. Changes in employees’ hours and/or classifications shall occur in accordance with the terms of this Agreement, including Articles 8, Seniority, 9, Assignments and Job Postings and 10, Hours and Overtime. This language shall not prevent RNAs and CMAs being assigned to CNA work on a temporary basis.

9.2 When a vacancy in a bargaining unit job occurs, the following principles shall apply in the following order:

1. All vacancies and new positions in the bargaining unit shall be posted for a period of seven (7) calendar days. Postings shall include job classification, shift, and rate of pay.

2. Before considering applications from employees outside the bargaining unit, the Employer shall consider applications from bargaining unit employees.

3. The Employer will offer the vacancy to the bargaining unit applicant with the most seniority, provided that applicant is qualified for the position. If that employee decides not to accept the position, then the vacancy will be offered to the next most senior applicant, and so forth, until the pool of bargaining unit applicants is exhausted or the vacancy is filled.

4. If an applicant already works in the job classification in which the vacancy exists, he or she will be deemed qualified for the vacant position. If an applicant works in a different job classification, he or she must possess the ability to perform the functions of the new position with no more than the basic orientation provided to newly-hired employees in the new job category. Employees transferring from one classification to another will undergo a thirty (30) day probationary period. If they do not pass this probation, they will return to the position they held prior to the transfer.

9.3 Employees will not be involuntarily transferred from one shift to another shift, except where necessary in situations involving layoff or department reorganization. In such situations, where transfer to another shift is required, the Employer will transfer the least senior employee, provided that such transfer is consistent with resident needs. In addition, this Section shall not preclude the Employer from offering work on another shift to employees who have been low censused on a different shift. No employee shall be involuntarily transferred to another shift with less than fourteen (14) days’ notice. If, within seven (7) days after the notice, the employee represents in writing to the Employer that the employee will not be able to meet their child or family care arrangements with the directed change, then the employee will have a total of thirty (30) days from the date the move was given by the Employer to the employee to make that move.

ARTICLE 10 – STAFFING, HOURS AND OVERTIME

10.1 Employees working a shift of five (5) hours or more shall receive a thirty (30) minute unpaid meal break within the shift.

10.2 In addition, employees shall be entitled to a fifteen (15) minute paid rest period for every four (4) hours worked or major fraction thereof.

10.3 Employees shall not be called back to work during their breaks except in cases of emergency. It shall be the responsibility of the supervisor to ensure that employees are able to take their breaks by scheduling break times (in consultation with the affected employees) and, if necessary, covering the employees’ work during the break time.

10.4 If an employee works through all or part of his or her meal break, he or she will be paid for that time.

10.5 Work Schedule Posting & Changes. Work schedules shall be posted as early as possible, but no later than the twentieth (20th) day of the month preceding the month on the schedule. By the 20th of the month prior, an employee’s schedule may only be changed: 1) with the employee’s consent, 2) in the event of an emergency that necessitates a prompt summoning of staff and the change in schedule, or 3) the employee is on an approved modified/light duty or other assignment designed to accommodate the employee’s work restriction. The preceding sentence shall not preclude the Employer from following its standard call-in procedures to cover for absences, fluctuations in census, or other situations where additional coverage is needed. All requests for time off must be submitted no later than the tenth (10th) day of the month preceding the month in which the time off is requested.

10.6 An employee who works in excess of forty (40) hours in any one (1) work week shall be paid at a rate of time and one-half (1½) the employee’s regular rate of pay for all time worked in excess of forty (40) hours.

10.7 Employees will be scheduled for their regular hours. For employees hired after the effective date of this Agreement, regular hours shall be defined as the hours for which they were hired or hours that they have been granted in accordance with the posting provision of this Agreement. For employees hired before the effective date of this Agreement, regular hours shall be defined as the hours they were normally scheduled to work as of the effective date of the Agreement or hours that they have been granted in accordance with the posting provision of this Agreement. This Section refers to the number of hours worked, not to either the starting or ending time of any work shift. However starting or stopping times shall not be changed without at least fourteen (14) days’ notice to the employee unless there is mutual agreement for a shorter notice period. If, within seven (7) days of such notice, the employee represents in writing to the Employer that the employee will not be able to meet their child or family care arrangements with the directed change, then the employee will have a total of thirty (30) days from the date the notice was given by the Employer to make that change. In addition, this Section does not apply to “low census” or over-budget situations handled pursuant to Article 8, Seniority, of this Agreement.

10.8 Extra Shift Bonus. Any bargaining unit employee (full or part-time status) who works beyond their regular scheduled shift (at the request of management) or signs up for an extra shift posted or offered by the Employer will receive an extra shift bonus of $80 for an eight (8) hour shift. The extra shift bonus will serve as a minimum and will be prorated for hours worked.

The Employer will fill extra shifts that become available on an occasional basis as a result of short- term needs or employees’ temporary absences in the following manner:

1. The Employer will post a list of open shifts as soon as they become available by the time clock, with spaces for employees to sign up for those shifts. If more than one (1) Bargaining Unit Employee signs up for the same shift, then that shift will be assigned in rotating seniority order. (Once a Bargaining Unit Employee has received a shift in this manner in a given month, then that Bargaining Unit Employee shall go to the bottom of the list for receiving such assignments in all months.)

2. If no employee signs up for the shifts, the Employer will offer the shifts to employees through verbal or telephone contact, and will make all reasonable efforts to follow seniority, but may offer the shift to on-duty employees before calling off-duty employees at home. The Employer will maintain documentation of its efforts to contact off-duty employees for thirty (30) days.

3. If a shift becomes open within two (2) hours of the shift due to a call-out or other last-minute absence, the Employer may offer shifts in accordance with paragraph two (2) above.

4. If the Employer is unable to fill shifts in accordance with sections one (1) and two (2) above, it will offer shifts to on-call employees.

5. If the Employer is unable to fill the shifts in accordance with sections one (1), two (2), and three (3) above, it will assign non-bargaining unit staff to fill the shifts or may utilize agency personnel.

10.9 An employee who is not notified that his or her shift has been cancelled or reduced to less than three (3) hours until he or she arrives at work will be paid for no less than three (3) hours at his or her regular rate of pay. Such minimum guarantee shall not apply if the Employer makes a reasonable effort to notify the employee at least two (2) hours prior to the scheduled starting time that the employee is scheduled to report to work. It shall be the employee’s responsibility to keep a current telephone number on file with the Employer. Failure by the employee to do so shall exempt the Employer from such notification requirement and from the above minimum guarantee. Reasonable effort shall be defined as an Employer telephone call to the telephone number provided by the employee and either leaving a message with the person who answers the telephone or leaving a message on the employee’s answering machine.

10.10 Categories of Employees.

1. A regular full time employee shall be defined as an employee who has completed their probationary period and who regularly works at least thirty (30) hours or more per week. Full time employees are eligible for all benefits provided for in this Agreement.

2. A regular part time employee shall be defined as an employee who has completed their probationary period and who regularly works twenty (20) or more hours per week, but less than thirty (30) hours per week. Regular part time employees shall receive pro-rated benefits on the basis of hours paid related to a full time schedule. Pro-rated benefits include Vacation, Sick Leave, Holidays, Bereavement Leave, and Jury Duty. Regular part time employees are not eligible for medical, dental, life, or Supplemental Insurance Benefits.

3. An intermittent employee is any employee who works less than twenty (20) hours per week. Intermittent employees are not entitled to any benefits except premium pay for working any national holiday recognized in this Agreement. Hours worked by an intermittent employee may be either scheduled or unscheduled.

4. Upon an employee’s conversion to unbenefited status (i.e. a regular full time employee or regular part time employee who begins working less than an average of twenty (20) hours per week), their previously accrued and/or earned vacation and sick hours shall not be available for utilization but will be retained or frozen should the employee return to benefited status. Upon completion of one (1) or more years of employment, available vacation hours will be payable upon termination.

5. Any intermittent employee accruing sick or vacation hours as of the date this Agreement is ratified will continue to accrue sick and vacation hours throughout the duration of this Agreement.

6. Intermittent employees shall not be utilized in a manner that takes available, non- overtime hours away from regular full-time and/or regular part time workers.

10.11 Switching Shifts. Provided that no overtime costs are incurred, employees may switch days as long as they give the Employer written notice, signed by both employees.

10.12 Despite the language or intent of any Section or Subsection of any Article in this Agreement, the Employer retains the right to implement alternative schedules (such as a “4-2 schedule”) for any department with two (2) weeks’ advance written notice to the Union. If the Employer implements an alternate schedule which results in the total number of scheduled hours being reduced for an employee regularly scheduled to work five (5) shifts per week by four percent (4%) or more on an annualized basis, the Employer will pay a one-time bonus under the following schedule:

1. Employees with less than one (1) year of service at the time of the change: five hundred and fifty dollars ($550).

2. Employees with more than one (1) but less than two (2) years of service at the time of the change: six hundred and fifty dollars ($650).

3. Employees with more than two (2) years of service at the time of the change: seven hundred and fifty dollars ($750).

4. The foregoing bonus will be paid out under the following timeline: The first fifty percent (50%) shall be paid in the first pay period following the change, to any eligible employee who remains on the Employer’s payroll at that time. The second fifty percent (50%) shall be paid five (5) months after the first payment to any eligible employee who remains on the Employer’s payroll at that time.

10.13 Scheduling Rights. The Employer shall maintain a printed, written schedule at each facility that employees can check at any time.

10.14 CMA Staffing. CMAs shall not be assigned residents for purposes of meeting minimum CNA staffing ratios . CMAs cannot be assigned residents and passing medications at the same time as is prohibited by state law.

10.15 Attendance Policy. Punctuality and attendance records are important criteria in determining continued employment. Regular and reliable attendance and coming to work on time is an essential function of the job. Employee absenteeism negatively affects the ability of the facility to provide high-quality care to residents on a consistent basis. While absenteeism has many causes, it creates additional burdens for the employees who do report to work.

Family and Medical Leave Act/Oregon Sick Leave Absences due to illnesses or injuries that qualify under the Family and Medical Leave Act (FMLA), or any other protected Federal, State or applicable city leave will not be counted against an employee’s attendance record. Medical documentation within the guidelines of laws may be required in these instances. Situations of legitimate illness or injury as well as emergency situations will also be a consideration even if protected leave is exhausted.

ABSENCE/TARDINESS RECORDING PROCEDURES Any employee who is unable to come to work for any reason must provide his or her Supervisor, Charge Nurse or DNS with proper advance notice, (At least 2 hours’ notice). Some situations may arise in which prior notice cannot be given. In those circumstances, employees are expected to notify their supervisor as soon as possible. The following will be used to classify each incident for disciplinary action. An employee cannot be classified in more than one absentee category per incident.

1. TARDY

An employee will be recorded initially “Tardy” if they are late reporting for a shift. Tardiness is defined as being more than 7 minutes late for a scheduled work shift.

2. ABSENT

The status will be converted to “Absent” if more than 30 minutes of the scheduled work shift passes and the employee has not reported and does not have approval from a Supervisor.

3. NO CALL/NO SHOW

If at the end of one hour (60 minutes) an employee still has not reported in or shown up for their work shifts, their status will convert to a “No call, No show” and the employee may be deemed to have voluntarily resigned from employment without notice unless they can clearly demonstrate they attempted but was unable to contact their Supervisor and/or other emergency circumstance.

CORRECTIVE MEASURES & DISCIPLINARY ACTIONS Corrective measures utilized by this program are designed to correct employee attendance. Disciplinary actions will be imposed as a result of excessive absenteeism and/or tardiness. All corrective measures/disciplinary actions should be recorded in the employee’s personnel file and follow any applicable collective bargaining agreement.

Any disciplinary actions which may be imposed as a result of excessive absenteeism and/or tardiness should be based on frequency of “occurrences” rather than actual number of days involved. The six- month period is measured on a rolling backward basis.

The following rules should apply:

I. TARDINESS/LEAVE EARLY

Tardiness is defined as being unavailable for work for any period of time equivalent to more than seven (7) minutes, without prior approval of a supervisor. The following corrective measures should be applied:

A. After three (3) tardy/leave early occurrences in a six-month period, the immediate Supervisor will issue a Verbal Written Warning.

B. After five (5) tardy/leave early occurrences in a six-month period, the immediate Supervisor will issue a Written Warning.

C. After seven (7) tardy/leave early occurrences in a six-month period, the immediate Supervisor will issue a final Written Warning.

D. After eight (8) or more tardy/leave early occurrences in a six-month period, the immediate Supervisor and/or Executive Director will discharge the employee.

II. ABSENCE

The following corrective measures/disciplinary actions may be applied.

A. After three (3) absences in a six-month period, the immediate Supervisor will issue a Verbal Written Warning.

B. After five (5) absences in a six-month period, the immediate Supervisor will issue a Written Warning.

C. After seven (7) absences in a six-month period, the immediate Supervisor will issue a final Written Warning.

D. After eight (8) or more absences six-month period, the immediate Supervisor and/or Executive Director will discharge the employee.

ARTICLE 11 – Evergreen Oregon Staffing

11.1 The Employer will make best efforts to maintain sufficient staff for the safe and efficient operation of the facility, to ensure that patient care needs are met, and to provide that no employee is given an excessive workload.

11.2 The Employer understands and agrees that it has an obligation to comply with all local, state and federal guidelines and standards regarding staffing matters.

11.3 No employee shall be asked to work in a way that violates State law and/or puts an employee at risk of losing their professional license.

11.4 The Employer and all employees understand that State law requires a nursing home to make resident service needs the primary consideration in determining the number and categories of nursing personnel needed to provide care to the Facility’s residents.

11.5 If an employee is absent, the Employer will make best efforts to find a replacement. If a replacement cannot be found and their scheduled hours are not replaced, the Employer will utilize its best efforts to distribute the remaining workload equitably.

11.6 For purposes of nursing staff, when a replacement cannot be obtained, licensed staff (and/or supervisors) may assist other staff in performing typical bargaining unit work.

11.7 The Employer shall make every effort to maintain on call lists to eliminate the possibility of short staffing.

11.8 Management shall respond as appropriate to employee concerns about their workload 30 which may arise during a shift.

11.9 It is understood that staffing concerns are best addressed via open dialogue between caregivers and management. To that end, the parties will establish a Staffing Committee. The Employer shall appoint three (3) members to the committee, and employees shall do the same. The Committee will meet once per quarter, unless the parties mutually agree to meet more often. The parties shall agree on an agenda for each meeting, if possible, at least three (3) days before a scheduled meeting.

11.10 The Committee shall be a forum to address any employee concerns and/or suggestions relating to staffing. Issues such as staffing needs, safety data, availability of supplies needed for resident patient care, facility regulatory compliance and training needs may be addressed. It is understood that each party may make requests of the other for reports or other information relevant to issues being discussed by the Committee.

11.11 This Article is not subject to the Grievance and Arbitration provisions of this Agreement.

ARTICLE 12 – COMPENSATION

12.1 Wage Increases. On October 1, 2024, the Employer shall implement the following wage table.

Evergreen 10.1.24 WageScale

Steps	NAT	CNA	CHA&CNA2	RA	Caregiver Cascade Valley	Med Tech Cascade Valley	Cook	Dietary Aide, Housekeeping & Laundry, Activities Assistant
0	$22.00	$23.00	$26.50	$23.35	$22.35	$23.10	$21.25	$20.50
1		$23.50	$26.85	$23.85	$22.70	$23.45	$21.60	$20.85
2		$24.00	$27.20	$24.35	$23.05	$23.80	$21.95	$21.20
3		$24.50	$27.55	$24.85	$23.40	$24.15	$22.30	$21.55
4		$25.00	$27.90	$25.35	$23.75	$24.50	$22.65	$21.90
5		$25.50	$28.25	$25.85	$24.10	$24.85	$23.00	$22.25
6		$26.00	$28.60	$26.35	$24.45	$25.20	$23.35	$22.60
7		$26.50	$28.95	$26.85	$24.80	$25.55	$23.70	$22.95
8		$27.00	$29.30	$27.35	$25.15	$25.90	$24.05	$23.30
9		$27.50	$29.65	$27.85	$25.50	$26.25	$24.40	$23.65
10		$28.00	$30.00	$28.35	$25.85	$26.60	$24.75	$24.00

Retroactive to 10.1.24

Over Scale Calculation for employees with more than ten (10) years of experience at the time wage increases are due:

Wages increases are due effective 10/1/24, 10/1/25 and 10/1/26. The following shall apply to employees who have more than 10 years of experience at the time a wage increase is due,

a) Wage increases due on 10/1/24 shall be the difference between the 9 year step on the employee’s classification on the 10/1/23 scale, and the 10 year step on the same classification on the 10/1/24 scale.

b) Wage increases due on 10/1/25 shall be the difference between the 9 year step on the employee’s classification on the 10/1/24 scale, and the 10 year step on the same classification on the 10/1/25 scale.

c) Wage increases due on 10/1/26 shall be the difference between the 9 year step on the employee’s classification on the 10/1/25 scale, and the 10 year step on the same classification on the 10/1/26 scale.

Example 1: The 9 year step on the 10/1/23 scale for CNAs is $26.37. The 10 year step on the 10/1/24 scale is $28.00. The difference of $1.63 will be paid to CNAs who have more than 10 years of experience at the time a wage increase is due.

Example 2: Assume the 10/1/24 scale CNA is increased by 3% effective 10/1/25. The 9 year rate for CNAs on the 10/1/24 scale is $27.50. The 10 year rate on the 10/1/25 scale would be $28.84 ($28.00 x 1.03). The difference of $1.34 will be paid to CNAs who have more than 10 years of experience at the time a wage increase is due.

Over Scale Increases for Eligible Employees effective 10/1/24:

CNA	$1.63
CMA & CMA 2	$1.83
RA	$1.60
Caregiver (Casc. Valley)	$2.18
Med Tech (Casc. Valley)	$2.43
Cook	$2.03
Diet Aide/Housekeeping /Laundry/Activities	$1.78

The section regarding Over Scale Calculations shall not apply to employees who were incorrectly hired above the pay scale, as discussed below in section ‘correction to employee’s wages’.

For purposes of the October 1, 2024 increase, it is understood that if the employee’s completed years of experience (defined for licensed care employees such as CNAs and CMAs as licensure date) in the given job classification, or other completed years of relevant experience, would put them at a higher step than the next step on the pay scale, the employee shall move to that higher step.

October 1st 2025 Increase.

On 10-1-25, the each step of the wage scale shall be increased for every job classification by an amount equal to the twelve month rolling average (9/25 to 9/24) of CPI-W(west), with a minimum of a 1.5% COLA and a maximum of a 3.5% COLA. On this date, each bargaining unit employee with ten(10) or fewer years of experience (defined for licensed care employees such as CNAs and CMAs as licensure date) shall move up one step of the pay scale, up to the tenth step.

October 1st, 2026 Increase.

On 10-1-26, the each step of the wage scale shall be increased for every job classification by an amount equal to the twelve month rolling average (9/25 to 9/24) of CPI-W(west), with a minimum of a 1.5% COLA and a maximum of a 3.5% COLA, On this date, each bargaining unit employee with ten (10) or fewer years of experience (defined for licensed care employees such as CNAs and CMAs as licensure date) shall move up one step of the pay scale, up to the tenth step.

12.2. Incentive Programs. The Employer shall be privileged to offer employment bonuses at its discretion, such as sign-on, refer-a-friend, extra shift, or pick up a shift. The Facility shall provide any such bonuses fairly and equitably and not engage in scheduling favoritism. The Employer may, without acting in a manner resulting in individual favoritism within a job class, implement, modify, or eliminate incentives to hire new employees, motivate employees to work as needed, encourage safe working practices, or for any other business reason, as long as the incentive programs were not explicitly bargained for in this Agreement.

12.3. Applying Increases. By subsequent mutual written agreement, the parties may agree to increase bargaining unit members’ hourly wage rates, starting rates and wage scales more than the amount(s) specified above during the term of the contract. In the event the Employer proposes to increase starting wage rates, it is understood all existing employees and all existing points of the wage scale will also be increased to ensure no existing employees will be paid less than newly hired employees with less or equal years of experience.

12.4. Corrections to employee’s wages. The parties acknowledge that a limited number of employees were incorrectly hired at pay rates higher than their experience warranted. Moving forward, the parties will remedy this situation by:

1. Current employees: The parties will jointly identify the limited number of employees who are pay above the relevant step scale. These employees will be ‘red-circled’. On Oct 1st, 2024 and Oct 1st, 2025 and Oct 1st 2026, these employees shall receive a 1% wage increase to their base pay, which may result in these employees being paid in-between wage steps. If these employees are still employed On Oct 1st, 2027, then these employees, if their wage rates are in-between steps, shall be placed on the next highest step of the wage scale prior to implementing a future COLA

2. SEIU’s bargaining team will recommend to SEIU Local 503’s legal department to withdraw the grievance on this matter (**Bargaining note, SEIU does not have the authority to bargain directly over this grievance at contract negotiations. It’s a duty of representation issue).

3. The Employer commits to preventing this mistake in the future. If an employee is incorrectly hired at a wage rate higher than their experience provides for, the Employer shall immediately correct the employee’s wage rate and notify the Union of this matter. Points #1 and #2 above will sunset in a future successor agreement.

12.5. No Loss of Wages. Under no circumstances will any section of this Article or Agreement result in an Employee to suffer any loss in hourly wage rates.

12.6. Step Scales Rates. All bargaining unit employees shall be placed on the applicable wage scale that at a minimum, matches their years of verifiable experience in the long-term care industry in the United States. Any employee hired who has more than fifteen (15) years of applicable experience will be placed at a minimum on the top step of the wage scale (which is step 10).

No employee shall be placed in-between steps, to)a maximum of the 10th step, based on completed years of experience in the given job classification or other completed years of relevant and verifiable licensed experience in the United States. Any employee currently in-between steps will be moved to the appropriate step on the scale based on their relevant and verifiable years of experience, and no employee shall have their pay reduced as a result.

A CNA that acquires or has a CNA 2 certification will be placed on the wage scale in the CNA 2 job classification at the step based on the experience grid.

For example, a new CNA who has been a CNA for one and one-half (1 ½) years will be deemed to have one (1) completed year of experience and would be placed at step 1 of the applicable CNA wage scale, whereas a newly hired CNA with two (2) full years of experience would be placed at the step 2 of the applicable CNA wage scale. A CNA with fifteen (15) full years of experience and a CNA with twelve (12) full years of experience would both be placed on the 9th step of the applicable CNA wage scale. Upon execution of the new collective bargaining agreement, the parties shall have 45 calendar days to mutually assure that every bargaining unit employee is placed on their correct step of the wage scales.

Transfers to a Job Class with a Lower Starting Rate: Bargaining unit employees who transfer from a job class with a wage/hiring scale with a higher starting rate to a job class with a lower starting rate shall be placed on the same step of the scale applicable to the employee’s new job class. For example, if a CMA at the 5 Year Step of the CMA scale transferred into a CNA position, he/she would be placed at the 5 Year Step of the applicable CNA wage/hiring scale.

Transfers to a Job Class with a Higher Starting Rate: Bargaining unit employees who transfer from a job class with a wage/hiring scale with a lower starting rate to a job class with a higher starting rate shall be placed on the step of the scale applicable to the employee’s new job class. . For example, if a Dietary Aide at the 5 Year Step of the Dietary Aide scale transferred into a CNA position, he/she would be placed at the 5 year step of the applicable CNA wage/hiring scale. Employees Hired in above the Wage Scale: Any Employee hired who has more than nine (9)) years of applicable experience will be placed at a minimum on the top step of the wage scale.

12.7. Paychecks. Paychecks will be available to employees by 9:00 a.m. on payday without preconditions. An employee will not be required to attend meetings or perform any function for the Employer as a condition of receiving his or her paycheck. If a payday falls on a Saturday, Sunday, or Monday Holiday, paychecks will be available at 9:00 AM the preceding Friday.

12.7. Accruals. Employees’ earned vacation hours and available sick hours will be printed on employees’ paychecks.

12.9. Certification Payment. The Employer shall pay to maintain certifications required as a condition of employment in employees’ job classifications, provided that the paperwork is submitted in a timely way. If employees do not submit the necessary paperwork in a timely way and pay the certification fees themselves, the Employer will reimburse employees for these costs. Employees are encouraged to submit the paperwork in advance of relevant deadlines so that the Employer may make direct payment to the certifying agency.

12.10. Promotions. In the event that a bargaining unit employee is promoted from one classification to a higher paid classification, the employee shall move to the equivalent step in the new classification based on their current step on the wage scale. No employees shall have a reduction in wages.

12.11. Shift Differentials. The Employer will keep the shift differentials that are currently in place for each Nursing Center. These shift differentials will serve as a minimum benefit. If the Employer changes the benefit, then the Employer will notify the Union of the change. The Union reserves the right to discuss shift differentials with the Employer directly, at facility labor management committees or the statewide labor management committee.

Hillsboro	Weekend Shift Differential	$.20c an hour Friday NOC through PM Sunday
La Grande	CNA NOC Shift Differential	$1.00 an hour
Milton Freewater	CNA & Restorative Aide	$1.00 an hour for PM, $.50c an hour for NOC
Independence	CNA	$1.50 an hour for PM and $2.00 an hour for NOC
Portland	CNA & CMA	.25c an hour for PM and .50c an hour for NOC
Windsor	CNA & Restorative Aide	.50c an hour for PM

12.12. Longevity Bonuses. The intent behind longevity bonuses is to decrease employee turnover and incentive long-term employees to continue their employment with EmpRes Healthcare. Bargaining Unit Employees shall receive the following longevity bonuses, to be paid on the first payday after the employee’s anniversary date.