Discipline & Just Cause at Kaiser Permanente — Northern California RNs & NPs

The Employer shall have the right to discharge or assess disciplinary action for just cause. Investigatory leaves shall be treated as paid administrative leave.

the purpose of removing that Nurse from the bargaining unit, or eliminate or remove from bargaining unit nurses the direct care responsibilities of Registered Nurses and Nurse Practitioners described in the preceding paragraph. Finally, the Employer also agrees that during the term of this Agreement it will not challenge the Union’s right to represent any Nurse in any job classification covered by this Agreement based on a claim that such Nurse is a supervisor within the meaning of the NLRA. Disputes concerning this provision may be referred directly to an expedited arbitration. The sole issue in any such arbitration shall be whether the Employer violated the commitments set forth in paragraph 103 of the Agreement. If the Employer is found to have violated paragraph 103, the sole remedies shall be restoration of the status quo ante, and a make- whole remedy for the affected bargaining u …

Disciplinary actions that are more than twelve (12) months old shall be segregated from other materials in personnel files and shall not be relied upon for purposes of discipline or other personnel actions, unless (a) the RN/NP engages in the same or related conduct within twelve (12) months from the date of the disciplinary action, or (b) the conduct for which the disciplinary action was issued involved acts which result from willful negligence, use of drugs or alcohol, or are repetitive, or as otherwise agreed upon by the parties. Disciplinary actions within the last twelve (12) months may be relied upon to deny the request for transfer only if the discipline is related to clinical competence, such as medication errors or inappropriate interaction with patients or families, and resulted in a plan of correction which has not been completed.

A Nurse may request to have an Association representative present at a meeting with the Employer when the Nurse reasonably believes such meeting may result in disciplinary action. Furthermore, the Employer shall advise a Nurse in advance if a requested meeting may result in suspension, discharge, or other discipline of the Nurse.

. Assure that action plans include communication back to appropriate units/departments. d) Education and Training i. Develop recommendations for education/training for: 1. updating staff, managers, and physicians 2. new employee orientation agendas ii. Participate in other ongoing training. Topics to include: 1. Appropriate use of UORs, including an explanation of the use and the purpose of the forms and the function of the UOR as a quality improvement tool rather than a disciplinary tool. 2. Support and encouragement of reporting 3. Patient Safety 4. How this Quality Forum works and communicates 5. Quality Structures 6. For managers: education on the system that focuses on corrective action rather than punitive discipline.

12, 115 Disability Retirement .........................................................................................101, 102, 103, 110 Discipline ..................................................................................................................................... 125 Just Cause .......................................................................................................................... 124 Plan of Correction .................................................................................................................... 125 Warning Letters ................................................................................................................... 125 Discrimination............................................................................................................................. 5 Domestic Partners ....................................... …

The Nurse and/or the Nurse Representative and/or the Association Representative, if authorized in writing by the Nurse may examine any written warning, formal evaluation and written record of an oral warning which is issued with respect to such Nurse. Formal evaluations and written or oral warnings are not subject to the grievance procedure unless it results in or is relied upon to support future disciplinary or personnel actions. The Nurse may place in the file written comments on such material within two (2) weeks after inspection.

sing Quality Forums shall restrict a RN/NP’s right to request review of a safety concern. • Individual names shall not be revealed in the Nursing Quality Forum discussions. • Learnings and actions to resolve issues shall be shared with the affected units for discussion and further input on proposed solutions. • Agreed upon Patient Safety improvement efforts shall be sponsored by nursing leadership. • If a solution requires focused training/skills building for an individual or group of individuals/department, all reasonable efforts will be made to support those individuals whose skills may be deficient to succeed through education, training, or skill development. • In the event of a breach of accepted standards of professional conduct, including but not limited to a pattern of behavior that reflects a departure from the standard of care, gross negligence or working under the influence of …