Preview
FILED: NEW YORK COUNTY CLERK 03/25/2024 03:38 PM INDEX NO. 651532/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/25/2024
Exhibit A
FILED: NEW YORK COUNTY CLERK 03/25/2024 03:38 PM INDEX NO. 651532/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/25/2024
1199/LVHH
Memorandum of Agreement
September 23, 2021
1. This Memorandum of Agreement ("MOA") shall apply to the collective bargaining
agreements currently in effect between (a) the League of Voluntary Hospitals and Homes
of New York ("League") and 1199SEIU United Healthcare Workers East ("Union")
covering the Employers listed in Schedule A ("League multi-employer CBA"), (b) the
Employers listed in Schedule B and the Union ("Other CBAs") and (c) the League and
the RN Division of the Union covering the Employers listed in Schedule C ("League/RN
CBAs"), hereinafter collectively referred to as ("the CBA(s)").
2. Effective Date, Duration and Agreements
A. Term: 10/1/21 - 9/30/24
B. All CBAs shall remain in full force and effect including all side letters, exhibits,
stipulations and attachments thereto, except as modified in this MOA.
parties'
C. The October 1, 2018 Agreement shall continue to be in effect through
9/30/21.
D. The Other CBAs shall be incorporated into the League multi-employer CBA,
subject to the provisions of paragraph 13 (Other CBAs).
E. The League/RN Division Employers shall continue to collectively constitute a
wholly independent bargaining group with the individual Employer agreements
preserved.
3. General Wage Increases, Increases to Minimum Rates, Steps and Lump Sum Wage
Payments
A. Wage increases and corresponding adjustments shall be as follows:
Date Increase
10/1/21 2%
10/1/22 3%
10/1/23 3%
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B. Lump Sum Recognition Payment November 1, 2021
1) Effective with the first payroll period following November 1, 2021, each
full-time Employee on the payroll on that date and who was employed
ninety (90) days prior to that date, shall receive a lump sum recognition
payment of $3,000, representing appreciation for their heroic efforts
the COVID-19 pandemic. The payment shall be prorated for part-
during
time Employees based on the average hours actually worked during the
foregoing ninety (90) day period (or the ninety (90) day period referred to
in paragraph 3.B.3 below, where applicable).
2) The lump sum recognition payment shall not be considered as pay for any
purpose, including payment of contributions to, or benefits provided by,
the Union Funds, or for purposes of overtime, shift or other differentials or
any form of premium pay.
"employed"
3) The term as used in this Section 3.B shall include (i) all
periods of paid leave and (ii) for this Section 3.B only: (x) a period for
which the Employee is entitled to receipt of disability or workers
compensation payments from the NBF or other insurance paid for by the
Employer, or (y) a period of authorized unpaid leave of absence or layoff,
if but only if the individuals who were on an authorized unpaid leave of
absence or layoff (with recall rights) on the first pay period following
November part-
1, 2021 return to work to a regular full-time or regular
time position at the end of the leave, or, in the case of layoff, before their
recall rights have expired, and work for a period of ninety (90) days
following such return.
4) The lump sum recognition payment shall be in a separate payment.
Withholding shall be based on the most favorable tax treatment for the
Employees permitted by law.
C. Minimum Rates during the First Year of Employment for Newly Hired
Employees
Adjust minimum rates for new hires based on most recent wage increase.
4. Recognition - Public Health
Pay Emergency
When there is a federal or state declared public health emergency that results in a
material increase in hazard to unit members in the performance of their work duties at
their place of employment, 1199 may demand local bargaining over Recognition pay. In
2
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the event that there is no local resolution within 30 calendar days from 1199's demand,
1199 can refer the dispute to CIPC for resolution. The CIPC arbitrator shall consider the
Employer's ability to pay in awarding relief, if any. This procedure shall not apply to
weather-related emergencies or the current COVID-19 pandemic emergency.
5. 1199SEIU National Pension Fund (NPF)
A. The parties agree that as of 10/1/21, the employer pension contribution rate shall
be 11.30%.
B. Retirees will receive a one-time bonus equal to 3% of annual pension benefit,
payable on a date to be agreed upon by the parties.
6. Employment Security Protected Status
The current protected status date (1/1/11) shall re1nain in effect. As of 1/1/23, employees
hired prior to 1/1/13 are subject to the employment security provisions of Article IXA.
7. 11998EIU National Benefit Fund (NBF)
A. Effective as of the following dates the NBF required contribution rate for League
Hospitals shall be as follows:
WC I (PMPY) WC II/III (% of
Gross Wages)
10/1/2021 $19,772 41.36%
10/1/2022 $21,316 43.13%
10/1/2023 $22,926 44.83%
B. Effective as of the following dates the NBF required contribution rate for League
Nursing Homes shall be as follows:
WC I (PMPY) WC II/III (% of
Wages)*
Gross
10/1/2021 $17,625 41.36%
10/1/2022 $18,954 43.13%
10/1/2023 $20,346 44.83%
*Nursing Homes employers will exclude overtime wages from any contributions
made for employees in Wage Classes II and III.
The NBF contribution methodology defined in the 10/12/18 letter shall be
3
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amended to reflect the assumptions and methodology underlying the above
contribution rates.
C. NBF Contributions of Employers who receive grants as a result of this MOA shall
be adjusted to reflect those funds (no net increase or decrease in contributions
otherwise due).
D. Amend the NBF plan to provide cost containment initiatives and other reductions
of approximately $280 million, over the term of the agreement. These
initiatives/reductions will not include co-pays, premiums, deductibles or co-
insurance.
8. Funding for the Training and Upgrading Fund (TUF), Job Security Fund (JSF),
Child Care Fund (CCF) and Labor Management Initiatives, Inc. (LMI) (collectively
Small Funds)
Contributions for the TUF, JSF and CCF shall remain at the current contribution levels
(percentages).
In addition, up to $135 million dollars will be made available from NBF diversions to the
TUF, JSF, CCF, LMI, Healthcare Education Project (HEP) and the Contract
Administrator/Delegate Training Program. The final amount needed to maintain the
programs under applicable criteria will be calculated by Fund staff and approved by the
parties. A schedule of diversions will be developed to be approved by CIPC. Disputes at
CIPC under this paragraph shall not be subject to arbitration.
9. Training and Upgrading Fund Graduate Hiring Committee
A committee made up of representatives of the Union, the League, and the Training and
Upgrading Fund ("TUF") will be established within 120 days of the ratification of the
agreement to study and make recommendations to the parties regarding how to increase
the rate of hire of graduates of TUF programs, including RNs, at League institutions.
10. Juneteenth
Juneteenth shall be added as an additional legal holiday in addition to the existing four
free days.
11. Pro/Tech Issues
A. Rate Adjustments
1) The Union shall have the right to demand local bargaining for rate
adjustments for each Professional/Technical classification once during the
4
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life of the contract when: (i) the Employer has a deinonstrated recruitment
and retention problem as evidenced by a combination of the following
factors: vacancy rate, length of time of vacancy, turnover rate, or
substantial required overtime; or (ii) there are material changes in
educational requirements, certification and/or licensing requirements for
the title, promulgated by the Employer or by a governmental or regulatory
body.
2) If the Union has not invoked paragraph 1, then once during the life of the
contract, the Union may demand local bargaining over material
discrepancies in compensation within a system in the same geographic
area without the requirement of demonstrating a recruitment and retention
problem. Disputes may be referred to CIPC but shall not be subject to
arbitration.
3) Following 120 days of a demand to negotiate a specific title, the dispute
shall be referred to the CIPC arbitrator, who shall act as or shall designate
a mediator to attempt to bring the parties to a mediated resolution. If the
parties have not come to agreement 30 days after referral to the CIPC
arbitrator, unresolved negotiations shall be resolved exclusively through
CIPC dispute resolution, up to and including interest arbitration to
determine whether the conditions in 1 have been satisfied, and, if so, what
the revised rate should be. If the arbitrator finds that the conditions in 1
have been satisfied, the arbitrator shall consider the wages of other
employees in the same titles performing similar services or similar skills,
in the relevant geographic area, under similar working conditions, with
comparable limitations, if any, on ability to pay an increased rate. The
arbitrator shall also consider any recent market adjustments to the wage
rate made by the hospital. The scheduling and administration of the
arbitration shall be within the jurisdiction of the arbitrator and consistent
parties'
with the prior practice concerning CIPC arbitrations of a similar
nature.
4) Decisions resulting from this process may be considered by the arbitrator
but shall not be a controlling factor.
B. Preceptor Pay
Employees in Professional/Technical titles assigned in writing by management to
instruct and/or teach other employees, students or residents, in a new modality,
technique or in the use of new technology, shall be paid an additional $2.00/hour
for the hours they actually spend precepting. Orientation or onboarding of new
5
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employees, students or residents to existing work procedures and processes,
without the preceptor duties identified above, shall not be deemed precepting.
C. Continuing Education
Professional and Technical Employees who are required by the Employer to
present at a professional conference shall be released with pay for one (1)
additional day, for a total of three (3) paid continuing education days per contract
year.
D. Career Ladders
Career ladders can be raised for discussion at the local Professional/Technical
Practices Committees.
12. Registered Nurses
A. All provisions of the individual RN CBAs which sunset, including pilot programs,
shall continue.
B. The monies generated by the application of the percentage wage increases over
the life of this Agreement to the annualized amount of longevity pay calculated as
of June 2021 shall be used solely to increase Base Salary rates, per the
methodology agreed to by the parties in their October 26, 2018 memorandum.
C. There shall be a one-time allocation of 0.5 % of Base Salary as of September 30,
2021 for Nurses that shall be used solely to increase Base Salary Rates. Costing
and methodology will be as agreed to in the RN Costing Side Letter.
D. The protected status language in Paragraph 6 above shall apply to each RN
agreement.
E. Advanced Practice Nurse Rate Reopeners
1) The Union shall have the right to demand local bargaining once per title
per contract period for Advanced Practice Registered Nurse titles (Nurse
Practitioners, CRNAs and Midwives) only where they are represented by
1199, when the Employer has a demonstrated recruitment and retention
problem as evidenced by a combination of the following factors: vacancy
6
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rate, length of time of vacancy, turnover rate, or substantial required
overtime.
2) Following 120 days of a demand to negotiate a specific title, the dispute
shall be referred to the CIPC arbitrator, who shall act as or shall designate
a mediator to attempt to bring the parties to a mediated resolution. If the
parties have not come to agreement 30 days after referral to the CIPC
arbitrator, unresolved negotiations shall be resolved exclusively through
CIPC dispute resolution, up to and including interest arbitration to
determine whether the conditions in 1 have been satisfied, and, if so, what
the revised rate should be. If the arbitrator finds that the conditions in 1
have been satisfied, the arbitrator shall consider the wages of other
employees in the same titles performing similar services or similar
skills, in the relevant geographic area, under similar working
conditions, with comparable limitations, if any, on ability to pay an
increased rate. The arbitrator shall also consider any recent market
adjustments to the wage rate made by the hospital. The scheduling and
administration of the arbitration shall be within the jurisdiction of the
parties'
arbitrator and consistent with the prior practice concerning
CIPC arbitrations of a similar nature.
3) Decisions resulting from this process may be considered by the
arbitrator but shall not be a controlling factor.
F. Agency Nurses
When it is necessary to float a nurse from a unit, agency nurses, then per diems,
shall be floated prior to regularly assigned full and part time staff, subject to a
nurse having the appropriate clinical competence. No 1199 RN shall be required
to change their shift assignment to accommodate the use of an agency or other
temporary RN who is not a member of the 1199 bargaining unit. This language
shall supplement existing language on floating, if any, contained in each RN
agreement.
G. Readiness for Crises
Within 120 days of this Agreement, each local Professional Practice committee
will convene to discuss the lessons learned from nursing during the pandemic and
provide solutions for future crises, including but not limited to: weaknesses
discovered during COVID; preparation for such exigencies including appropriate
training for any nurse assigned to new/different duties; appropriate staffing where
extreme levels of care are required, policies related to assignments in such cases;
respite and relief for nurses in these roles; appropriate inducements for working
7
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under these circumstances. The committees shall determine recommendations
regarding the foregoing for consideration at each RN institution.
H. RN Staffing Guideline Procedures
Paragraph 11 of the 2018 Memorandum of Agreement shall continue.
13. Other CBAs
All terms and conditions in the Other CBAs for the Employers and new bargaining units
set forth in Schedule B shall remain in full force and effect and shall be deemed local
agreements to the 2021-2024 League Multi-Employer Collective Bargaining Agreement,
unless expressly modified during the course of these negotiations and incorporated into
this MOA.
14. This MOA is subject to ratification by (a) the Union membership and the League
Members in Schedules A and B as a multi-employer group, and (b) the Union members
of the RN Division voting as a single group and the League RN Employers in Schedule
C, voting as a single group. Both parties shall use their best efforts to ratify the
Agreement within thirty (30) days.
AGREED:
LEAGUE OF VOLUNTARY HOSPITALS LEAGUE OF VOLUNTARY
AND HOMES OF NEW YORK HOSPITALS AND HOMES OF NEW
(on behalf of Schedule A & B Employers) YORK
(on behalf of Schedule C Employers)
By By
Mar Kramer, President Daniel F. Murphy Jr., Counsel
Date: September 23, 2021 Date: September 23, 2021
1199SEIU UNITED HEALTHCARE WORKERS EAST
By By
George Gresham, President Nad e Williamson,YN.
Executive Vice President, RN Division
Date: September 23, 2021 Date: September 23, 2021
Preview
FILED: NEW YORK COUNTY CLERK 03/25/2024 03:38 PM INDEX NO. 651532/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/25/2024 Exhibit A FILED: NEW YORK COUNTY CLERK 03/25/2024 03:38 PM INDEX NO. 651532/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/25/2024 1199/LVHH Memorandum of Agreement September 23, 2021 1. This Memorandum of Agreement ("MOA") shall apply to the collective bargaining agreements currently in effect between (a) the League of Voluntary Hospitals and Homes of New York ("League") and 1199SEIU United Healthcare Workers East ("Union") covering the Employers listed in Schedule A ("League multi-employer CBA"), (b) the Employers listed in Schedule B and the Union ("Other CBAs") and (c) the League and the RN Division of the Union covering the Employers listed in Schedule C ("League/RN CBAs"), hereinafter collectively referred to as ("the CBA(s)"). 2. Effective Date, Duration and Agreements A. Term: 10/1/21 - 9/30/24 B. All CBAs shall remain in full force and effect including all side letters, exhibits, stipulations and attachments thereto, except as modified in this MOA. parties' C. The October 1, 2018 Agreement shall continue to be in effect through 9/30/21. D. The Other CBAs shall be incorporated into the League multi-employer CBA, subject to the provisions of paragraph 13 (Other CBAs). E. The League/RN Division Employers shall continue to collectively constitute a wholly independent bargaining group with the individual Employer agreements preserved. 3. General Wage Increases, Increases to Minimum Rates, Steps and Lump Sum Wage Payments A. Wage increases and corresponding adjustments shall be as follows: Date Increase 10/1/21 2% 10/1/22 3% 10/1/23 3% FILED: NEW YORK COUNTY CLERK 03/25/2024 03:38 PM INDEX NO. 651532/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/25/2024 B. Lump Sum Recognition Payment November 1, 2021 1) Effective with the first payroll period following November 1, 2021, each full-time Employee on the payroll on that date and who was employed ninety (90) days prior to that date, shall receive a lump sum recognition payment of $3,000, representing appreciation for their heroic efforts the COVID-19 pandemic. The payment shall be prorated for part- during time Employees based on the average hours actually worked during the foregoing ninety (90) day period (or the ninety (90) day period referred to in paragraph 3.B.3 below, where applicable). 2) The lump sum recognition payment shall not be considered as pay for any purpose, including payment of contributions to, or benefits provided by, the Union Funds, or for purposes of overtime, shift or other differentials or any form of premium pay. "employed" 3) The term as used in this Section 3.B shall include (i) all periods of paid leave and (ii) for this Section 3.B only: (x) a period for which the Employee is entitled to receipt of disability or workers compensation payments from the NBF or other insurance paid for by the Employer, or (y) a period of authorized unpaid leave of absence or layoff, if but only if the individuals who were on an authorized unpaid leave of absence or layoff (with recall rights) on the first pay period following November part- 1, 2021 return to work to a regular full-time or regular time position at the end of the leave, or, in the case of layoff, before their recall rights have expired, and work for a period of ninety (90) days following such return. 4) The lump sum recognition payment shall be in a separate payment. Withholding shall be based on the most favorable tax treatment for the Employees permitted by law. C. Minimum Rates during the First Year of Employment for Newly Hired Employees Adjust minimum rates for new hires based on most recent wage increase. 4. Recognition - Public Health Pay Emergency When there is a federal or state declared public health emergency that results in a material increase in hazard to unit members in the performance of their work duties at their place of employment, 1199 may demand local bargaining over Recognition pay. In 2 FILED: NEW YORK COUNTY CLERK 03/25/2024 03:38 PM INDEX NO. 651532/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/25/2024 the event that there is no local resolution within 30 calendar days from 1199's demand, 1199 can refer the dispute to CIPC for resolution. The CIPC arbitrator shall consider the Employer's ability to pay in awarding relief, if any. This procedure shall not apply to weather-related emergencies or the current COVID-19 pandemic emergency. 5. 1199SEIU National Pension Fund (NPF) A. The parties agree that as of 10/1/21, the employer pension contribution rate shall be 11.30%. B. Retirees will receive a one-time bonus equal to 3% of annual pension benefit, payable on a date to be agreed upon by the parties. 6. Employment Security Protected Status The current protected status date (1/1/11) shall re1nain in effect. As of 1/1/23, employees hired prior to 1/1/13 are subject to the employment security provisions of Article IXA. 7. 11998EIU National Benefit Fund (NBF) A. Effective as of the following dates the NBF required contribution rate for League Hospitals shall be as follows: WC I (PMPY) WC II/III (% of Gross Wages) 10/1/2021 $19,772 41.36% 10/1/2022 $21,316 43.13% 10/1/2023 $22,926 44.83% B. Effective as of the following dates the NBF required contribution rate for League Nursing Homes shall be as follows: WC I (PMPY) WC II/III (% of Wages)* Gross 10/1/2021 $17,625 41.36% 10/1/2022 $18,954 43.13% 10/1/2023 $20,346 44.83% *Nursing Homes employers will exclude overtime wages from any contributions made for employees in Wage Classes II and III. The NBF contribution methodology defined in the 10/12/18 letter shall be 3 FILED: NEW YORK COUNTY CLERK 03/25/2024 03:38 PM INDEX NO. 651532/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/25/2024 amended to reflect the assumptions and methodology underlying the above contribution rates. C. NBF Contributions of Employers who receive grants as a result of this MOA shall be adjusted to reflect those funds (no net increase or decrease in contributions otherwise due). D. Amend the NBF plan to provide cost containment initiatives and other reductions of approximately $280 million, over the term of the agreement. These initiatives/reductions will not include co-pays, premiums, deductibles or co- insurance. 8. Funding for the Training and Upgrading Fund (TUF), Job Security Fund (JSF), Child Care Fund (CCF) and Labor Management Initiatives, Inc. (LMI) (collectively Small Funds) Contributions for the TUF, JSF and CCF shall remain at the current contribution levels (percentages). In addition, up to $135 million dollars will be made available from NBF diversions to the TUF, JSF, CCF, LMI, Healthcare Education Project (HEP) and the Contract Administrator/Delegate Training Program. The final amount needed to maintain the programs under applicable criteria will be calculated by Fund staff and approved by the parties. A schedule of diversions will be developed to be approved by CIPC. Disputes at CIPC under this paragraph shall not be subject to arbitration. 9. Training and Upgrading Fund Graduate Hiring Committee A committee made up of representatives of the Union, the League, and the Training and Upgrading Fund ("TUF") will be established within 120 days of the ratification of the agreement to study and make recommendations to the parties regarding how to increase the rate of hire of graduates of TUF programs, including RNs, at League institutions. 10. Juneteenth Juneteenth shall be added as an additional legal holiday in addition to the existing four free days. 11. Pro/Tech Issues A. Rate Adjustments 1) The Union shall have the right to demand local bargaining for rate adjustments for each Professional/Technical classification once during the 4 FILED: NEW YORK COUNTY CLERK 03/25/2024 03:38 PM INDEX NO. 651532/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/25/2024 life of the contract when: (i) the Employer has a deinonstrated recruitment and retention problem as evidenced by a combination of the following factors: vacancy rate, length of time of vacancy, turnover rate, or substantial required overtime; or (ii) there are material changes in educational requirements, certification and/or licensing requirements for the title, promulgated by the Employer or by a governmental or regulatory body. 2) If the Union has not invoked paragraph 1, then once during the life of the contract, the Union may demand local bargaining over material discrepancies in compensation within a system in the same geographic area without the requirement of demonstrating a recruitment and retention problem. Disputes may be referred to CIPC but shall not be subject to arbitration. 3) Following 120 days of a demand to negotiate a specific title, the dispute shall be referred to the CIPC arbitrator, who shall act as or shall designate a mediator to attempt to bring the parties to a mediated resolution. If the parties have not come to agreement 30 days after referral to the CIPC arbitrator, unresolved negotiations shall be resolved exclusively through CIPC dispute resolution, up to and including interest arbitration to determine whether the conditions in 1 have been satisfied, and, if so, what the revised rate should be. If the arbitrator finds that the conditions in 1 have been satisfied, the arbitrator shall consider the wages of other employees in the same titles performing similar services or similar skills, in the relevant geographic area, under similar working conditions, with comparable limitations, if any, on ability to pay an increased rate. The arbitrator shall also consider any recent market adjustments to the wage rate made by the hospital. The scheduling and administration of the arbitration shall be within the jurisdiction of the arbitrator and consistent parties' with the prior practice concerning CIPC arbitrations of a similar nature. 4) Decisions resulting from this process may be considered by the arbitrator but shall not be a controlling factor. B. Preceptor Pay Employees in Professional/Technical titles assigned in writing by management to instruct and/or teach other employees, students or residents, in a new modality, technique or in the use of new technology, shall be paid an additional $2.00/hour for the hours they actually spend precepting. Orientation or onboarding of new 5 FILED: NEW YORK COUNTY CLERK 03/25/2024 03:38 PM INDEX NO. 651532/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/25/2024 employees, students or residents to existing work procedures and processes, without the preceptor duties identified above, shall not be deemed precepting. C. Continuing Education Professional and Technical Employees who are required by the Employer to present at a professional conference shall be released with pay for one (1) additional day, for a total of three (3) paid continuing education days per contract year. D. Career Ladders Career ladders can be raised for discussion at the local Professional/Technical Practices Committees. 12. Registered Nurses A. All provisions of the individual RN CBAs which sunset, including pilot programs, shall continue. B. The monies generated by the application of the percentage wage increases over the life of this Agreement to the annualized amount of longevity pay calculated as of June 2021 shall be used solely to increase Base Salary rates, per the methodology agreed to by the parties in their October 26, 2018 memorandum. C. There shall be a one-time allocation of 0.5 % of Base Salary as of September 30, 2021 for Nurses that shall be used solely to increase Base Salary Rates. Costing and methodology will be as agreed to in the RN Costing Side Letter. D. The protected status language in Paragraph 6 above shall apply to each RN agreement. E. Advanced Practice Nurse Rate Reopeners 1) The Union shall have the right to demand local bargaining once per title per contract period for Advanced Practice Registered Nurse titles (Nurse Practitioners, CRNAs and Midwives) only where they are represented by 1199, when the Employer has a demonstrated recruitment and retention problem as evidenced by a combination of the following factors: vacancy 6 FILED: NEW YORK COUNTY CLERK 03/25/2024 03:38 PM INDEX NO. 651532/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/25/2024 rate, length of time of vacancy, turnover rate, or substantial required overtime. 2) Following 120 days of a demand to negotiate a specific title, the dispute shall be referred to the CIPC arbitrator, who shall act as or shall designate a mediator to attempt to bring the parties to a mediated resolution. If the parties have not come to agreement 30 days after referral to the CIPC arbitrator, unresolved negotiations shall be resolved exclusively through CIPC dispute resolution, up to and including interest arbitration to determine whether the conditions in 1 have been satisfied, and, if so, what the revised rate should be. If the arbitrator finds that the conditions in 1 have been satisfied, the arbitrator shall consider the wages of other employees in the same titles performing similar services or similar skills, in the relevant geographic area, under similar working conditions, with comparable limitations, if any, on ability to pay an increased rate. The arbitrator shall also consider any recent market adjustments to the wage rate made by the hospital. The scheduling and administration of the arbitration shall be within the jurisdiction of the parties' arbitrator and consistent with the prior practice concerning CIPC arbitrations of a similar nature. 3) Decisions resulting from this process may be considered by the arbitrator but shall not be a controlling factor. F. Agency Nurses When it is necessary to float a nurse from a unit, agency nurses, then per diems, shall be floated prior to regularly assigned full and part time staff, subject to a nurse having the appropriate clinical competence. No 1199 RN shall be required to change their shift assignment to accommodate the use of an agency or other temporary RN who is not a member of the 1199 bargaining unit. This language shall supplement existing language on floating, if any, contained in each RN agreement. G. Readiness for Crises Within 120 days of this Agreement, each local Professional Practice committee will convene to discuss the lessons learned from nursing during the pandemic and provide solutions for future crises, including but not limited to: weaknesses discovered during COVID; preparation for such exigencies including appropriate training for any nurse assigned to new/different duties; appropriate staffing where extreme levels of care are required, policies related to assignments in such cases; respite and relief for nurses in these roles; appropriate inducements for working 7 FILED: NEW YORK COUNTY CLERK 03/25/2024 03:38 PM INDEX NO. 651532/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/25/2024 under these circumstances. The committees shall determine recommendations regarding the foregoing for consideration at each RN institution. H. RN Staffing Guideline Procedures Paragraph 11 of the 2018 Memorandum of Agreement shall continue. 13. Other CBAs All terms and conditions in the Other CBAs for the Employers and new bargaining units set forth in Schedule B shall remain in full force and effect and shall be deemed local agreements to the 2021-2024 League Multi-Employer Collective Bargaining Agreement, unless expressly modified during the course of these negotiations and incorporated into this MOA. 14. This MOA is subject to ratification by (a) the Union membership and the League Members in Schedules A and B as a multi-employer group, and (b) the Union members of the RN Division voting as a single group and the League RN Employers in Schedule C, voting as a single group. Both parties shall use their best efforts to ratify the Agreement within thirty (30) days. AGREED: LEAGUE OF VOLUNTARY HOSPITALS LEAGUE OF VOLUNTARY AND HOMES OF NEW YORK HOSPITALS AND HOMES OF NEW (on behalf of Schedule A & B Employers) YORK (on behalf of Schedule C Employers) By By Mar Kramer, President Daniel F. Murphy Jr., Counsel Date: September 23, 2021 Date: September 23, 2021 1199SEIU UNITED HEALTHCARE WORKERS EAST By By George Gresham, President Nad e Williamson,YN. Executive Vice President, RN Division Date: September 23, 2021 Date: September 23, 2021