Written Warnings & Your Personnel File — Kaiser Permanente — Northern California RNs & NPs

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.

Nurses shall be given an opportunity to read, sign and attach written comments to formal performance evaluations or formal letters of warning prior to the placement of such material into the Nurses' personnel file. It is understood that formal evaluations may address work performance and behavioral issues, but shall not include specific reference to disciplinary actions that may have previously been taken against the employee being evaluated.

Warning letters and performance evaluations shall become a valid part of the personnel file if they have been signed by the Nurse, as proof of receipt only, or the Nurse Representative has been notified in writing of a Nurse's refusal to sign. Performance evaluations are not discipline and may not be relied upon for purposes of transfers or other personnel actions.

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.

Payroll is not able to verify an error within the designated time period, the Nurse(s) who reported the error shall be informed within the designated time period of the reasons for the delay in resolving the error. Employee vacation, sick, and education leave accrual hours and balance will be displayed on Employee payslips. ARTICLE VIII – SENIORITY Section A – Seniority, Accumulation and Application Regular Nurses and Short-Hour, Temporary and Per diem Nurses shall have equal seniority for transfers, promotions, and layoffs based upon their bargaining unit seniority. Regular Nurses shall accumulate seniority based upon length of continuous service with the Employer under this Agreement. Effective September 1, 2002, Short-Hour, Temporary and Per diem Nurses shall accumulate seniority on the basis of eighty-seven (87) hours of work equaling one (1) month's seniority credit, for hours worke …

Authorized staff representatives of the Association shall be allowed at Step Two or later upon request to the facility to inspect appropriate material in personnel files which is related to an alleged contract violation if the employee's written consent is presented to the facility designee. In arbitration, the facility will not submit any such material which it has denied right of inspection to the Association. Changes in Personnel Records

AGREEMENT THIS MASTER AGREEMENT, made and entered into this first day of September 2022 by and between the CALIFORNIA NURSES ASSOCIATION (hereinafter referred to as “the Association”), and KAISER FOUNDATION HOSPITALS and THE PERMANENTE MEDICAL GROUP, INC. (hereinafter collectively referred to as “Employer”), covers all Registered Nurses (hereinafter referred to as “Nurses”), in those classifications specified in Article XXIII who are employed in existing facilities of the Employer located in Northern California. PREAMBLE Nurses and Kaiser Permanente agree to promote optimal patient outcomes and to adhere to applicable state and federal statutes related to the delivery of health care. California Nurses Association/National Nurses Organizing Committee and Kaiser Permanente agree that healthcare is a human right. The parties agree to work jointly to end racial and ethnic disparities in heal …