Contract

HOA CONTRACT

INTRODUCTION

The Regents of The University of Michigan, hereinafter called the "employer ", and The University of Michigan House Officers Association, hereinafter called the "Association", enter into the following agreement this _____ day of _____, 2017, which amends the collective bargaining agreement executed on March 26, 2013 and in which this collective bargaining agreement, as amended and fully bargained, settles and contains all matters with respect to wages, benefits, and hours and other terms and conditions of employment for the term of the agreement:

ARTICLE I. DESCRIPTION OF BARGAINED-FOR UNIT

The Employer recognizes the Association as the sole and exclusive bargaining representative for the purposes of collective bargaining in respect to wages, hours, and other conditions of employment for all employees in the following bargaining unit: All House Officers employed by the Regents of The University of Michigan possessing the equivalent of a minimum of an M.D., D.O., or D.D.S. degree, excluding pharmacy interns, dietetic interns, physical and occupational therapy trainees, nurse anesthetist trainees, chaplaincy interns, and all other employees.

A House Officer shall be a physician or dentist who is in a recognized training program and whose normal duties, under the direction of either the attending, courtesy, and/or honorary staff, are to admit patients to the hospital, diagnose or treat patients, and assume all the functions and responsibilities of the House Officer staff including, when appropriate, emergency case service and consultation assignments. House Officers, collectively, shall be known as the House Officer Staff.

The terms "employee" and "employees" used in this Agreement (except where the context indicates otherwise) shall mean a House Officer or House Officers and only identifies those individuals within the bargaining unit described in Paragraphs 2-3.

ARTICLE II. TERM OF AGREEMENT

The House Officers agree to an overall contract length of 3 years.

This Agreement shall become effective on July 1, 2017 and shall remain in force and effect until and including June 30, 2020. It is understood that both parties agree to begin negotiations of a successor Agreement no later than sixty (60) calendar days prior to the expiration of this agreement, unless mutually agreed otherwise.

A Management/Association meeting can be scheduled by either party to review the implementation status of this Agreement.

For The Regents of
The University of Michigan

_______________________________
Michelle Sullivan
Date:

_______________________________
Sybil Biermann
Date:

_______________________________
Hilary King
Date:

_______________________________
Andrew Chang
Date:

_______________________________
Scott Gitlin
Date:

_______________________________
Hillary Haftel
Date:

_______________________________
Christine Rupkey
Date:

_______________________________
Dominick Fanelli
Date:

The University of Michigan House Officers Association

___________________________
Josh Glazer
Date:

___________________________
Michael Clery
Date:

___________________________
Elias Taxakis
Date:

___________________________
Robin Tarter
Date:

ARTICLE III. COMPENSATION - SALARY

The total compensation package is composed of salary and benefits. The salary component includes a contract increase (a yearly increase at each HO level) and a promotional increase (movement from one HO level to the next HO level). The benefits include the payment to encourage savings ("lump sum payment"), long- term disability insurance, life insurance, dental insurance, business travel accident insurance, professional liability insurance, legal plan, vision plan, and health insurance.

The salary schedule for house officers is based on an incremental increase as the house officer is promoted from year to year. A house officer will receive a promotional increase upon satisfactory completion of an academic training year as determined by the program. If a house officer's training year does not follow the standard academic year, the house officer will receive the contract increase at their current level until they receive their promotional increase upon completion of their academic training year (12 months). The salary schedule for each house officer is depicted in the table below. The payment to encourage savings ("lump sum payment") will continue as a benefit. It is paid in November of each year. (See Article IV, Section H for further details.)

Table 1

House Officer Salary Schedule for July 2017 through June 2020
HO LEVEL FY18 7/1/2017 FY19 7/1/2018 FY20 7/1/2019
HO I $55,753 $57,147 $58,576
HO II $58,821 $60,292 $61,799
HO III $61,735 $63,278 $64,860
HO IV $64,971 $66,595 $68,260
HO V $68,289 $69,996 $71,746
HO VI $71,755 $73,549 $75,388
HO VII $75,325 $77,208 $79,138
HO VIII $78,938 $80,911 $82,934

House Officers shall be paid a monthly salary in accordance with the salary schedule and subject to the following requirements and limitations:

Initial assignment of a House Officer to a salary level, as set forth in Table 1 (Paragraph 10), including assignments when a House Officer has changed from one residency program to another, shall be determined by the GME Office and his/her Program Director. In making this determination, factors considered will include relevant and satisfactory training and experience. Subsequent assignments to a salary level in a given residency program shall be to the next higher level and shall be determined by the Program Director, or equivalent level of supervision, on the basis of satisfactory experience, level of performance, and acceptance of responsibility.

When determining the initial assignment of a House Officer to a salary level where the House Officer has received international training the GME Office will count these years if they meet the following criteria: 1) they have successfully completed the program (partial credit is not provided); 2) the training can be translated as an equivalent to US GME training (ACGME-I accredited or US accreditation is available through the ACGME/CODA/ABOG); and 3) the US Board accepts the training to apply for US board certification (a copy of the correspondence with the Board, or copy of the Board specific guidelines, must be provided).

When a current House Officer is changing from one residency program to another, after consultation with the GME Office, the Program Director, or equivalent level of supervision, will discuss the appropriate salary level with the House Officer prior to assignment to a salary level. In order to receive credit for prior GME training, the House Officer must successfully complete an accredited program in its entirety (accreditation must be through the same governing organization as the University program). Partial credit for participation in a program will not be provided and those years will not count toward the assignment of a salary level. However, if the board of the specialty entering will provide credit for previous training to the new specialty, then the credit may be provided. This assignment will be confirmed in writing.

No later than the end of the second full week of employment, an employee may request an advance on the salary which will be due for the first full month's employment. In the event of such an advance, the advance will be offset against either that month's salary or the next month's salary. Employees will be provided with information regarding this option prior to or during orientation.

In addition to the House Officer salary and payment to encourage savings, an individual House Officer may be granted discretionary supplemental payments, rewards or reimbursement by their department. Such payments may be used as recognition of a House Officer’s professional growth and development and/or contribution in supporting Michigan Medicine’s goals and interests. This may be used for recruitment to faculty positions.

SECTION A: CHIEF RESIDENT SUPPLEMENTAL SALARY

A House Officer who is appointed a Chief Resident may receive additional salary during the appointment period in an amount determined by the employer.

SECTION B: GRANT-FUNDED INCOME/IMPACT ON PRE-TAX BENEFITS

During an employee's period of employment, they may be funded from a grant from which no income taxes are withheld. In this situation, the employee may not be able to enroll in, or continue to participate in, some Flex Benefits, which are provided on a pre-tax basis. Without income tax being withheld, there is no basis for providing a pre-tax benefit.

The Employer will communicate the implications of the training grant funding on the employee's tax liability and benefit eligibility during their initial orientation. Further, all House Officers will receive information regarding this situation annually with their Open Enrollment materials.

SECTION C: HOLIDAY PAY

For the purposes of this Article, the following are defined as House Officer holidays:

  1. New Years Day (January 1st)
  2. Memorial Day (Last Monday in May)
  3. Independence Day (July 4th)
  4. LaborDay (First Monday in September)
  5. Thanksgiving Day (Fourth Thursday in November)
  6. Day after Thanksgiving (Fourth Friday in November)
  7. Christmas Eve (December 24th)
  8. Christmas Day (December 25th)
  9. New Year's Eve (December 31st)
  10. House Officer's Birthday

A holiday will commence at 12:00 AM on the calendar date of the holiday and will continue for the twenty-four (24) hour consecutive period until 12:00 AM the day after the holiday.

To the extent practicable, the Employer will try to schedule these days free of responsibilities for House Officers. In addition, the Employer shall make every effort to honor the requests for the religious requirements by House Officers for observances of religious holidays. House Officers shall make such requests not less than sixty (60) calendar days in advance of the religious observance.

In the event that a House Officer is assigned any responsibilities by their training (including on-call, inpatient service coverage, clinics, rounding, jeopardy, home call, back-up, etc.) on a House Officer holiday as defined in paragraph 20, he/she will receive an additional 1/365th of his/her annual salary as compensation. The House Officer will receive this compensation regardless of total number of hours worked or location. House Officers are eligible for holiday pay for each House Officer holiday worked throughout the year.

If a House Officer's Birthday falls on another House Officer holiday, it shall be observed on another day mutually agreeable to the House Officer and his/her Program Director, and that House Officer will be eligible for holiday pay if he/she has any assigned responsibilities by their training program on that agreed-upon date. Requests for substitution of a House Officer's Birthday holiday must be made within sixty (60) calendar days prior to their birthday.

Any House Officer may substitute up to two (2) alternative days of his/her choice for any of the previously defined House Officer holidays within any twelve (12) month appointment period so long as the substitution request is made sixty (60) calendar days prior to the holiday. These substitutions will be mutually agreeable to the House Officer and his/her Program Director. That House Officer will be eligible for holiday pay if he/she has any assigned responsibilities by their training program on those agreed-upon substitute dates.

House Officers are responsible for ensuring duty hours are reported within MedHub and must submit a notice of eligibility for holiday pay to their Program Director or designated program official within sixty (60) calendar days of a House Officer holiday when they were assigned responsibilities by their training program. The programs will then notify the Graduate Medical Education Office of those House Officers who are to receive holiday pay for a given House Officer holiday. The GME Office may deny payment of any House Officer Holiday Pay due to work hours not reflected in MedHub. Recording of duty hours is not required when assigned as the individual to provide coverage should a colleague be unable to report to work (i.e. jeopardy or back-up). Any question regarding eligibility for holiday pay will be resolved by a House Officer's Program Director.

ARTICLE IV. COMPENSATION-BENEFITS

Each plan shall be as provided by the Employer and may be amended, but not eliminated. In the event of changes in benefits, the Association will be notified prior to the effective date of the change. Other qualified adult benefits have been extended to this bargaining unit.

During the term of this Agreement and consistent with the terms of each plan, the following University Group Benefit Plans shall be available to the extent provided in this Article:

SECTION A: HEALTH INSURANCE

During the term of this Agreement managed care and fee-for-service health insurance plans that include medical and prescription drug benefits equivalent to existing coverage in effect at the execution date of this Agreement will be provided and maintained.

The Group Health Insurance Plan shall be as provided by the Employer in the same manner and to the same extent as provided to non-bargained for employees.

If, during the term of this Agreement, a federal or state law is enacted which requires the payment of taxes or premiums to either the federal or state government or another entity for hospital or medical benefits for employees, the University may make such adjustments in the schedules of benefits provided by this Article to avoid duplication of benefits. In addition, any such taxes or premiums paid by the University shall be included in the total dollar limitation provided in this Article.

Employees who do not enroll in a health insurance plan within thirty (30) days of the eligibility date will be automatically enrolled in the BCN Premier Care Plan.

SECTION B: LIFE INSURANCE

The University Life Insurance Plan and the Optional Life Insurance Plan, shall be as provided by the Employer in the same manner and to the same extent as provided to non-bargained for employees. The amount of life insurance coverage selected by an employee may range from five thousand dollars ($5,000.00) at the minimum to an amount equal to eight (8) times the employee's salary ($1,500,000 maximum). Newly hired or newly eligible employees will be enrolled in the University Life Insurance Plan for $30,000 in coverage at no cost to the Employee. Both plans offer a portability provision.

The cost of the Optional Life Insurance Plan is determined by the amount of coverage selected, current age, smoking status and current salary. The amount of coverage chosen and its cost will increase when salary is increased. The cost will also increase when moving into the next higher age bracket. The employee pays the full cost, in the same manner and to the same extent as provided to the non- bargained for employees.

The Dependent Life Insurance plan shall be as provided by the University in the same manner and to the same extent as provided to the non-bargained for employees.

SECTION C: DENTAL PLAN

During the term of this Agreement, the Employer shall provide a dental insurance plan to employees who qualify. The Dental Plan shall be as provided by the Employer in the same manner and to the same extent as provided to the non- bargained for employees. Employees have a choice of three (3) dental plan options. During the term of this Agreement, no less than the University of Michigan Dental Plan, Option 1 (one) schedule of benefits in effect at the execution of this Agreement will be provided and maintained. In the event of any changes in the benefits, the Association will be notified prior to the effective date of changes. The Employer contribution toward dental plan coverage will be provided in the same manner and to the same extent as provided to the non-bargained for employees.

SECTION D: LEGAL PLAN AND VISION PLAN

The Group Legal Plan and a Vision Plan shall be as provided in the same manner and to the same extent as is provided to the non-bargained for employees. No matter concerning the above benefits will be subject to the Complaint, Grievance, and Arbitration Procedures of this Agreement, except for questions concerning compliance with the specific provisions of this Article and whether or not the employees have coverage in accordance with the terms of the Flexible Benefits Plan.

All new House Officers have 30 days to enroll in The University of Michigan Dental Plan, The Group Legal Plan, and the Vision Plan. Specifically, those who were enrolled in the University of Michigan Medical School prior to appointment shall have 30 days from the time of appointment to enroll in these plans.

SECTION E: BUSINESS TRAVEL ACCIDENT INSURANCE

During the term of this Agreement, the Plan shall be without cost to the employee. Worker's Compensation forms are required to be submitted should the House Officer be injured and unable to perform their regularly assigned duties as a result of traveling to a required rotation or assignment on behalf of the employer.

In addition to the Business Travel Accident Insurance, House Officers are covered for accidental death and dismemberment benefits under the Critical Care Transport Insurance Plan at the same level that is provided to the regular instructional physicians.

SECTION F: PROFESSIONAL LIABILITY INSURANCE

Professional liability insurance will be provided and maintained throughout the statute of limitations for claims filed for professional activities undertaken in the scope of employment, assigned by the employer.

SECTION G: DISABILITY PLAN

The Employer will provide Long Term Disability coverage for House Officers consistent with the Unum Plan or other carrier, as discussed by the parties. In addition, if during House Officer's employment, he/she is determined to be qualified for coverage under this Plan, any waiting period will be funded by the Employer. Any remaining legal issues will be resolved by representatives of the plan administrators and the Employer. The description of the HOA Disability plan can be obtained by contacting the HOA Office.

Post House Officer Appointment - An employee, who becomes a regular staff member immediately following completion of service in this bargaining unit, or following continued training under a recognized training grant (e.g., N.I.H.), will have continuous years of service in this bargaining unit and the period of training, count toward the continuous service requirement of the Employer's Disability Plan, provided, however, that a recommendation to become a regular staff member following the training has been approved in writing by the appropriate department chairperson or equivalent level of supervision prior to the beginning of the continued training. In addition, the period of such training will count towards the continuous service requirement for an employee who returns to the bargaining unit immediately following completion of the training.

No matter concerning the terms of any of these plans shall be subject to the Complaint, Grievance, and Arbitration Procedure of this Agreement, except for questions concerning the specific provisions of this Article.

SECTION H: PAYMENT TO ENCOURAGE SAVINGS

In order to encourage and support the establishment of a voluntary savings plan, all House Officers will receive a lump sum payment, equivalent to a stated percentage of base salary on the November pay date each year. This provision is intended to be an on-going and recurring program. The HOA and the Employer have agreed to consider the lump sum payment as a benefit. As such, this payment will not be considered a part of base salary, but is considered part of the total compensation package. Annual Payments to Encourage Savings are listed in the Salary Schedule of the Contract.

The parties agree with the underlying principle of equity, with the standard being that each House Officer will receive one annual lump sum payment for each House Officer level within their residency/fellowship program. For example, the Family Medicine program has a three-year residency training requirement; therefore, a payment for each of these three years will be issued annually to a House Officer in the Family Medicine program.

At the time of processing these payments, House Officers on an unpaid leave of absence will not be eligible to receive the lump sum payment. Upon return to the training program the House Officer will receive their lump sum payment for that training year within sixty (60) days of their return.

Exceptions to this standard may apply in the event a House Officer's appointment is extended beyond the standard residency/fellowship program term or a House Officer resigns or is discharged from a residency/fellowship program. Extensions to one's standard residency/fellowship program could result from a paid leave, remediation, or elective research and are approved by Residency Review Committee or Program Board. In these cases, additional lump sum payment(s) will be paid out according to the following time frames:

Appointment extension (based on appointment year) Portion of lump sum payment paid out
12 months 100%
More than 6 and less than 12 months 50%
Less than or equal to 6 months 0%

If a House Officer resigns or is discharged from a residency program after receiving a lump sum payment, then any over payment, based upon the time frames listed above, will be deducted from the House Officer's final pay check.

Lump Sum payments that are for appointment extensions related to an elective research track will be paid from Medical School Delta Funds or Department Funds.

The specific payments made in November of each year, will be paid according to the salary schedule that includes the amount for the lump sum, or pro-rated for appointments less than a 100% FTE or for appointment extensions as stated above. These lump sum amounts are calculated on the basis of the stated specific percentage of the annual base salaries, as identified in the salary schedule.

Lump Sum Payment Table

Lump Sum Payment Table
HO LEVEL FY18 11/30/2017 FY19 11/30/2018 FY20 11/30/2019
HO I $4,460 $4,857 $5,272
HO II $4,706 $5,125 $5,562
HO III $4,939 $5,379 $5,837
HO IV $5,198 $5,661 $6,143
HO V $5,463 $5,950 $6,457
HO VI $5,740 $6,252 <$6,785/td>
HO VII $6,026 $6,563 $7,122
HO VIII $6,315 $6,877 $7,464

ARTICLE V. HOUSE OFFICERS ON GRANT FUNDING

Some House Officers may be appointed to a position that is funded by a grant. In this case, the annual salary rate paid to the House Officer may be greater than (but not lower than) the established annual base salary rate identified in Table 1, Paragraph 10. In such a case the following standards apply to eligibility for the annual lump sum payment to encourage savings:

If the salary rate paid under the grant appointment, is greater than the sum of the annual House Officer base salary (see Table 1, Paragraph 10) plus the amount of the annual lump sum payment as defined above, then no further lump sum payment shall be made.

If the salary rate paid under the grant appointment is greater than the annual House Officer base salary (per Table 1, Paragraph 10), but less than the sum of House Officer base salary plus annual lump sum amount, then a further lump sum payment shall be made. The amount of the lump sum payment will be enough to match the total compensation that is paid to a full time House Officer, at the same House Officer level, who is not on a grant-funded appointment (base salary, plus "lump sum payment" per the salary schedule).

In no case shall a full time House Officer’s total annual compensation be less than the sum of the annual base salary plus the amount of annual "lump sum payment".

ARTICLE VI. INVESTMENT WORKSHOPS

The Benefits Office will schedule workshops regarding investment options for the House Officer savings plan. Individual advisement sessions may be arranged. TIAA/CREF, and Fidelity will be the preferred providers.

ARTICLE VII. FINANCIAL AID OFFICE COUNSELING

The Medical School Financial Aid Office will offer a program of financial and debt management counseling for House Officers. Hours will be by appointment during designated hours or as arranged individually.

ARTICLE VIII. WORK HOURS/WORK SCHEDULES

With respect to House Officer work schedules and release time, the Employer is responsible for remaining in substantial compliance with Accreditation Council for Graduate Medical Education (ACGME) requirements.

Clinical and educational work hours are defined as all clinical and educational activities related to the residency/fellowship program; i.e., patient care (both inpatient and outpatient), administrative duties relative to patient care, the provision for transfer of patient care, time spent in-house during call activities, and scheduled activities such as conferences. Clinical work done from home, such as charting in the EMR and patient-related phone calls must count towards the clinical and educational work hour limit. Clinical and education work hours do not include reading, study, or preparation time spent away from the duty site. On-call responsibilities outside of the hospital (“home call”) are not included in the clinical and educational work hour calculations except for time spent in active patient care responsibilities. Time spent on the hospital premises after arriving from "home call" are also included in the clinical and educational hour calculations.

Clinical and educational work hours must be limited to eighty (80) hours per week, averaged over a four (4)-week period, inclusive of all in-house call activities and designated off-premises activities. Residents must be provided with one (1) day in seven (7) free from all educational and clinical responsibilities, averaged over a four (4)-week period, inclusive of call. For purposes of this Article, one "day" or "release time" is defined as one (1) continuous twenty-four (24)-hour period, free from all clinical, educational, and administrative duties. Although the one (1) day free in seven (7) is averaged over a four-week period, the normal expectation and intent is that a House Officer would not work more than two (2)-weeks without a day off.

It is a responsibility of the House Officer to accurately report clinical and educational work hours to their Program Director by logging them in MedHub within the specified time frame and reporting any frequent or unusual violations directly to the Program Director. The Program Director, representing the Employer, is responsible for monitoring clinical and educational work hours for compliance with the above standard. In the event that a House Officer does not obtain release time in accordance with the standards set forth in paragraph 61, an alternative day off will be scheduled within the four (4)-week period. If alternative day(s) off cannot be scheduled then the House Officer will receive additional compensation equivalent to 1/365th of his/her annual base salary, for each day of release time that is not provided. Also, the Employer must immediately discontinue any work schedule practices that are not in compliance with these standards.

If a House Officer's schedule is inconsistent with the above, the House Officer or the House Officers Association may request the work schedule to be reviewed by the Program Director. If work schedule concerns are not resolved to the satisfaction of the House Officer, the House Officer or the House Officers Association may appeal any work schedule concerns to the Graduate Medical Education Committee, or their designee. In such a situation, the decision of the Graduate Medical Education Committee will be final. It is further agreed that there shall be no retaliation, in any form, towards any House Officer as result of requesting review of his/her work schedule.

It is further understood that days off taken as vacation days will not be counted as release time as defined in paragraph 61. For example, if a Resident works the first two (2) weeks in a month, and takes the latter two (2) weeks as vacation, the Resident shall still be entitled to two release days for the first two (2) weeks in that month.

If, during the term of this collective bargaining agreement, there is a change in the clinical and educational work hour standards specified by ACGME requirements, then those regulatory standards will take precedence over this language, and the parties will abide by any new standards promulgated by the ACGME. However, in no case will clinical and educational work hours exceed the limits set forth in paragraph 61. Prior to implementation of any change of practice due to a change in ACGME standards, the Employer and the House Officers Association will meet to review the revised standards, and discuss implementation plans.

ARTICLE IX. EXTRACURRICULAR MEDICAL PRACTICE

Extracurricular medical practice (moonlighting) refers to voluntary, compensated, medically-related work, not related with training requirements, performed outside or within the institution where the House Officer is in training or at any of its related participating sites. House officers are not required to engage in moonlighting, either internally or externally, but are allowed to moonlight provided such practice does not interfere with the ability of the House Officer to achieve the goals and objectives of the educational program, and does not interfere with the House Officer's fitness for work nor compromise patient safety The University of Michigan malpractice insurance does not extend to extracurricular medical practice outside the University of Michigan Health System. Any extracurricular medical practice which requires that the House Officer assume continuing responsibility for patients is not permitted, as it may interfere with his/her responsibilities at the University of Michigan Health System.

Most often, House Officers moonlight at hospitals or health centers unaffiliated with the University of Michigan Health System. The services provided by House Officers to patient(s) at the University of Michigan as part of their GME program are reimbursed to the institution as direct GME payments, and the House Officer may therefore not receive extra remuneration for caring for patients in this situation. This policy not only affects the University of Michigan services connected to that particular GME program, but also services at other institutions that have signed affiliation agreements with that particular GME program. However, services provided by House Officers that are not related to their ACGME-approved program, including those within the University of Michigan Health system, are eligible for moonlighting payments. For example, a University of Michigan surgery resident could be permitted to moonlight at the St. Joseph's Hospital emergency room, as that is not part of his/her training program. A University of Michigan pathology resident could likewise moonlight in a University of Michigan ICU. These services are permissible, provided that services performed can be separately identified from those services that are required as part of the House Officer's approved GME program. Internal moonlighting opportunities are to be coordinated by an individual identified by the Department who is not a House Officer or a part of the operation of the educational programs within the Department.

The individual program directors are required to approve and monitor House Officers' moonlighting activities on a yearly basis. House Officers, in turn, are required to notify their Program Director of all moonlighting activity prior to commencement as well as follow the institutional and program moonlighting policy. The Program Directors will provide all program House Officers with the moonlighting policy and the "Notification of Extracurricular Medical Practice" form, to be completed. This information is in turn submitted to the GME Office, as the ACGME requires that participating institutions maintain documentation of a House Officer's extracurricular medical practice. It is the Program Director's responsibility to determine if any moonlighting activities are in compliance with the institutional guidelines, and if not, take corrective action to remedy the infraction. Any House Officer found to be misrepresenting or underreporting moonlighting activity will be banned from additional moonlighting for the duration of his/her training, and the HOA and the GME Office will be notified. Additional disciplinary action can be taken at the discretion of the Program Director, following the guidelines explained elsewhere.

The purposes of this policy are to (a) protect patient safety, and (b) ensure that the training of House Officers within their University of Michigan GME program is not compromised. It is not meant to facilitate a de facto policy banning moonlighting by House Officers within a particular GME program. To this end, a House Officer in good standing who wishes to moonlight should be permitted to do so, provided the moonlighting position meets the conditions outlined above. Program Directors who feel that a particular House Officer should not be permitted to moonlight must provide concrete reasons for why that House Officer should not do so, as well as objective criteria by which the resident can improve his/her standing, i.e. performance reviews, incident reports, scores on in-service exams, etc. Vague statements, such as "moonlighting will impair your training here" are not valid criteria to use in denying the House Officer's request.

ARTICLE X. GRIEVANCES FO RMOONLIGHTING-RELATED ISSUES

If either the House Officer or the Program Director feels that the letter or spirit of this contract is not being upheld in regard to moonlighting, then a conference with the Program Director and the GME Committee will result. A grievance must be submitted by both the House Officer and the Program Director in writing to the GME Committee for discussion at their next scheduled meeting. The House Officer and the Program Director will then attend the GME Committee meeting to present the grievance. The GMEC will use the Procedure For Appeal Of Academic Decisions Including Suspension Or Termination From, Or Non-Reappointment To, A UMMC Graduate Medical Education (GME) Program in order to mediate the process.

ARTICLE XI. OFF-CAMPUS ASSIGNMENTS

Attendance at medical conferences, or research or training at an off-campus site, shall be subject to the approval of the employee's Service Chief as to the relevance of the subject matter and the service needs of the department. It is understood that when such an assignment is made, it shall not be counted as vacation time.

ARTICLE XII. VACATION/PAID TIME OFF

SECTION A: LENGTH OF VACATION

Except as provided in paragraph 74 and 75, House Officers shall be entitled to twenty-eight (28) days of vacation time per twelve (12) months of employment, inclusive of weekends (Saturday and Sunday). Therefore, a maximum of twenty (20) of these twenty-eight (28) days will occur on a Monday through Friday schedule. In the event a Program assigns and schedules vacation time by the month, no more than thirty-one (31) days of vacation time, inclusive of weekends, will be provided.

The underlying principle is equity among all House Officers at all levels, with each being eligible for four (4) weeks of vacation time per academic year.

A House Officer with a part-time appointment, either by FTE effort or employment within the twelve (12) month vacation period, will be entitled to vacation time, in direct proportion to his/her appointment.

An employee whose national accrediting body training program requirements or non-University sponsor prescribe the amount of time off for vacation shall be entitled to that amount of vacation.

SECTION B: ASSIGNMENT OF VACATION

Vacation shall be scheduled to meet the requirements of the Employer on a departmental basis with due consideration given to the employee's wishes as to time and duration. The actual scheduling of vacations shall be the responsibility of the Program Director or equivalent level of supervision. Such vacations will be scheduled as a regular and routine part of service assignments over the course of the year. Vacations are not cumulative and can only be taken during the current vacation period. Nothing herein shall be interpreted to limit vacation entitlement as outlined in this Article.

Vacation time can be utilized for job interviews and medical conferences that are not required by a program as part of academic training. Such requests will not be unreasonably denied.

Any request for time off beyond the allotted vacation days, that is not subject to any other applicable article of this agreement, will be without pay and subject to approval from the Program Director.

SECTION C: VACATION DEFINITIONS

A month is defined as either a calendar month or a period of time running from any date in a calendar month through the next preceding date in the next calendar month (e.g. January 15 through February 14).

A day shall be a calendar day. When necessary to compute a day's pay, it shall be 1/365 of the employee's annual salary rate at the time a deduction is taken.

A vacation period will run for a twelve (12) month period immediately following the commencement of the employee's appointment.

SECTION D: ADDITIONAL PAID TIME OFF

House Officers will receive time off without loss of pay to take examinations required by Programs or as part of their Board requirements.

House Officers will receive time off without loss of pay to attend conferences as specifically approved by the Program Director or designee.

ARTICLE XIII. PAID LEAVE

When a House Officer is unable to work due to illness or injury and certain criteria are met, certain paid sick leave shall be available. It is in our mutual interest that House Officers are both encouraged and supported by their programs and colleagues to not work when acutely ill (e.g., is contagious, dehydrated, or vomiting, or has diarrhea). We acknowledge that there is a shared responsibility of both Faculty and House Officers to assure coverage during this absence. It is also noted, however, that excessive absenteeism may result in corrective action.

To provide the employee with confidentiality related to a serious illness, Work Connections, or its equivalent, will be utilized to obtain the necessary documentation for a paid leave under this Article. The Employer will be responsible for initiating the claim, however, the House Officer is able to do this as well. The House Officer is responsible for ensuring Work Connections receives required documentation within a reasonable time frame or a time frame as prescribed by Work Connections.

SECTION A: SERIOUS ILLNESS

A House Officer who is unable to work for at least one (1) week due to a) a single incident of serious disabling illness or injury, b) intermittent absences to receive multiple, on-going treatments resulting from and following a single disabling illness or injury (such as chemotherapy, radiation therapy, physical therapy or dialysis), or c) severe complications from pregnancy that prevent attendance at work shall receive up to a maximum of six (6) months, inclusive of weekends, of full pay in each three (3) calendar year period following their date of hire. Renewal of this six (6) months sick time benefit will occur on the first of the month in which the three-year anniversary occurs. However, if a House Officer is on paid sick leave under this provision on the renewal date, the renewal will be deferred until the House Officer returns to active employment for 30 days. The Employer will require verification of the House Officer's inability to work, including intermittent absences, before granting paid time off.

Time under the Family Medical Leave Act of up to twelve (12) weeks will run concurrently with any paid and unpaid time, beginning with the first day of a qualified illness.

When a House Officer has been off work due to a single serious illness or injury for thirty (30) calendar days, the circumstances will be discussed between the House Officer's Program Director and the House Officer to determine the appropriate course of action. Courses of action will include:

  1. Return to work plan established based on Work Connections review of medical documentation from treating physician.
  2. Application submitted for Long Term Disability,if appropriate
  3. Obtain approval from GME Office for course of action
  4. Contact of the HOA by the House Officer for information regarding the LTD Plan and other benefits that may be affected.

SECTION B: BEREAVEMENT LEAVE

In the event of the death of an employee's spouse, or the son, daughter, parent, grandparent, brother, sister, grandchild (or spouse of any of them), of either the employee or his/her spouse, any other related person living in the employee's household, or a significant other non-related person living in the employee's household, an employee shall be granted time off work without loss of pay. The amount of time off work with pay shall be only that which is required to attend the funeral and/or make arrangements necessitated by the death, but in no event shall it exceed three (3) work days. If additional time off is needed, the employee may request the use of available vacation time.

SECTION C: JURY DUTY

Whenever a House Officer is called for jury duty, he/she will not experience any loss in salary or benefits. At the House Officer's request, the department will provide a letter requesting deferral of jury duty. It is recognized that jury duty service may require an extension of the House Officer's training program, depending on the time away from work.

SECTION D: LONG-TERM DISABILITY

A House Officer who has qualified for the HOA Long-term Disability (LTD) Plan shall be paid during the six (6) months elimination period. The elimination period begins with the House Officer's first day of absence and runs for a consecutive six (6) months. The elimination period will run concurrent with any time paid in conjunction with this Article. In no case will a House Officer receive more than six (6) months paid leave time in any twelve (12) month period.

SECTION E: PREVENTATIVE CARE

A House Officer who has a preventive medical or dental appointment, shall receive paid time off, not exceeding eight (8) hours per year. A House Officer will make reasonable efforts to provide notice to the program and assist the program in securing coverage for any assigned duties.

SECTION F: MATERNITY LEAVE

A House Officer who gives birth shall receive six (6) weeks total paid time for childbirth, regardless of mode of delivery. If additional time off is medically required for recovery, the House Officer will be granted Serious Illness leave under Section A of this Article. (The nature of House Officer scheduling permits scheduling of this time off using non-vacation, paid time within the regular allocation of time worked.) During the last trimester of pregnancy and for two (2) months post-partum, overnight call will not be scheduled and duty will be limited to twelve (12) consecutive hours. Exceptions may be approved by the House Officer's Obstetrician, or other appropriate physician only. A good faith effort will be made by the Employer to accommodate any other health care needs, including scheduling, that may arise during the course of the pregnancy. The six (6) week period of paid time, if requested by the House Officer, is to be used during the period immediately preceding and/or following delivery of the child. Regardless of when the time is taken, it is to be taken for a consecutive period of time. A House Officer who elects to take less than six (6) weeks for paid time for childbirth must present a written release from her physician to return to work.

SECTION G: SECONDARY CARE PROVIDER LEAVE

A House Officer who becomes a father, or who is a same-sex domestic partner of a birthing mother, or who is the secondary care provider of an adopted child, will be granted up to fourteen (14) consecutive paid days (not shifts) off at any time from the delivery or arrival of the child to three (3) months after delivery; or arrival of the child. The House Officer will have the option to use up to two (2) weeks, consecutive to this leave, of available vacation time to supplement this leave. Up to four (4) days of the fourteen (14) days may be used by the House Officer within three (3) months prior to the birth or arrival of the child.

Upon returning from use of Secondary Care Provider leave described in Paragraph 94, the House Officer may request and be granted no scheduled overnight call and duty limited to twelve (12) consecutive hours for no more than one (1) month immediately after their return.

SECTION H: ADOPTION LEAVE

A House Officer who adopts a child and is the primary care giver of the child shall be granted six (6) weeks off at the time of adoption. The six (6) weeks must be used in a consecutive period of time immediately before and/or after the date of adoption. Additional time off may be granted as vacation time, or a non-paid Child Care Leave of Absence.

ARTICLE XIV. UNPAID LEAVE

SECTION A: MILITARY LEAVE

A House Officer, who is in good standing and who informs his Program Director that he intends to continue his current residency program at the University, shall be granted a leave of absence without pay for the period of required active duty when he (1) is inducted for active duty military service through the selective service system or (2) volunteers for active duty military service rather than being inducted or (3) is assigned to alternate service through the selective service system in lieu of being inducted. Following such a leave of absence, the House Officer, who receives a certificate of satisfactory completion of service, applies for reinstatement within ninety (90) days after release from active duty, and is still qualified to perform as a House Officer, shall be returned to House Officer responsibilities and duties at the appropriate House Officer level. Such return shall be at substantially the same point in time as the date of departure and continue at least until the following June 30, provided performance during this period is satisfactory.

SECTION B: PERSONAL LEAVE

At his/her request, a House Officer may be granted a leave of absence without pay at the discretion of his/her Program Director.

SECTION C: CHILD CARE LEAVE

Following the birth of an employee's child or following adoption or foster placement of a child under age eighteen (18), or over age eighteen (18) and incapable of self- care because of a mental or physical disability, a House Officer shall be granted a leave of absence without pay for not more than twelve (12) calendar weeks. A House Officer who is in good standing and informs his/her Program Director that he/she intends to continue his/her residency program at the University shall be granted an extension of this leave of absence without pay for an additional two (2) months. The initial leave and extension cannot exceed five (5) months, and may be at any point within the first year of birth, adoption or placement, but must be completed by the end of that period.

SECTION D: FAMILY CARE LEAVE

A House Officer who is unable to work because he/she is needed to care for a seriously ill family member will be granted an unpaid leave of absence for up to twelve (12) weeks every twelve (12) months. The twelve (12) weeks is reduced by any Serious Illness or Child Care leaves of absence taken in the previous twelve (12) months. For this purpose, "family member" is defined as the House Officer's spouse or domestic partner with whom the House Officer shares living accommodations and expenses; and, without regard to their place of residence, the child, sibling, parent, grandparent, or other related individual whose care is the responsibility of the House Officer, spouse or domestic partner.

SECTION E: BENEFIT CONTINUATION

Subject to and consistent with the Group Health Insurance Plan and Group Dental Assistance Plan, coverage, including University contributions, will be continued for up to twelve (12) weeks in each twelve (12) month period for House Officers during Child Care, and Family Care Leave

SECTION F: GENERAL CONDITIONS

Unless mutually agreed otherwise by the parties, the twelve (12) month period referenced in Family Care Leave and Benefit Continuation will be the period beginning each July 1 and continuing through the following June 30.

A House Officer may request and be granted paid vacation time in lieu of or prior to a Child Care, or Family Care Leave

When medically necessary, Family Care Leave may be taken on an intermittent or reduced effort basis, provided, however, the House Officer shall: a) make all reasonable efforts to schedule any required treatment(s) so as not to unduly disrupt the department's operations and, b) notify the Department as far in advance as possible. The total time off shall not exceed the limits described in Family Care Leave Information.

House Officers taking leaves on a reduced or intermittent basis may be reassigned to other assignments similar to the ones held before the leave which better accommodate leave taken on a reduced or intermittent basis. No reassignment shall result in a reduction of wages or benefit(s) levels which were in place prior to the leave.

Upon return from, or completion of, the first twelve (12) weeks of a Child Care, or Family Care Leave, the House Officer will immediately resume his/her assignment at the level prior to the leave.

ARTICLE XV. MEALS

In an effort to provide the Employee with access to healthy food options at all times while at work, the Employer agrees to maintain uninterrupted access to the cafeteria or other food-providing service twenty-four hours per day, every day of the year. If food services are not available 24 hours a day, in the building complex the House Officer is assigned or reasonable proximity, the Employer will engage the HOA in a discussion to identify and implement an alternative solution. In the interim, should the need arise, the Employer will provide a method to provide fresh refrigerated food products within the House Officer Lounge or agreed upon alternative location. Food services will be reviewed on a yearly basis through the Labor Management Committee (LMC). A mutually agreeable corrective action plan will be developed and implemented if this arrangement is found to be unsatisfactory to either party.

The Employer agrees to include house officers on appropriate committees or groups that pertain to food-related decisions.

The Employer agrees to encourage the consistent availability of healthy food options, and the expansion of the current menu to include items for non-traditional diets (possibly including Kosher, Vegan, Gluten-free, etc).

The Employer agrees to support the Employees in efforts to have local food establishments accept M-card (or equivalent) payment for food delivery.

SECTION A: MEAL ALLOWANCES

Within 2-weeks upon hire, a house officer will receive $100 on their MCards to alleviate the out-of-pocket expense and lapse in the reimbursement period. Amounts will be adjusted as follows:

A House Officer who works in the hospital eighteen (18) hours out of a twenty-four (24) hour period, beginning at 6:00 a.m., because he/she is required to do so will be reimbursed by the University through procedures established by the Employer (funds added to the MCard), for the evening and the following morning meal weekdays. In addition, the noon meal will be provided on Saturday and Sunday. This provision will only apply when the House Officer is on assignment at University of Michigan Health System. Reimbursement effective July 28, 2015, shall be for the following amounts: 1) Breakfast: $9.00 2) Lunch: $11.00 3) Dinner: $11.75

When patient care requires a House Officer to be in the hospital for equal to or greater than twelve (12) hours, and the hours worked include 7:00 p.m., the House Officer will receive reimbursement for the evening meal. Any educational, clinical or administrative activity that is included in the calculation of clinical and educational work hours , as defined in Article VIII – Work Hours/Work Schedules, is considered appropriate to be included in this daily counting of 12 hours. When a House Officer has remained in-house for at least twelve (12) hours during the night shift and into the next morning, s/he will be reimbursed for the evening and breakfast meals. Management will encourage Program Coordinators to send monthly communication to solicit any House Officers who have met the criteria for meal allowance reimbursement. Any question regarding eligibility for Meal Allowance will be resolved by a House Officer's Program Director.

The Departments of Neurosurgery, Orthopedic Surgery, Surgery and Urology will preload $228 onto the MCard, prior to the start of each month, to qualifying House Officers based on the number of qualified House Officers.

A qualifying House Officer must be a house officer covered by this agreement on a clinical rotation at a University of Michigan Health System location

If an issue arises with the availability of food options or the availability of reimbursement during a required rotation, that is a part of the standard curriculum, at an affiliated facility, then it is the duty of the House Officer to report these issues to the Program Director. If the issues cannot be resolved at a department level, then the issue can be brought forward to the LMC for further discussion.

ARTICLE XVI. CALL ROOMS

The Employer shall make a bed available (not on the ground) for every House Officer needing to remain overnight. To this end, not less than sixty (60) on-call rooms, with telephones and lockable doors, which accommodate not more than two (2) individuals per room, except that one room will accommodate not more than three (3), will be provided. The number of beds per room can be modified by mutual agreement between the Employer and the Association. Bunk beds may be added in specified on-call rooms by mutual agreement between the Association and the Employer at Association request. Ladders for bunk beds shall be provided. Lockable bins with built-in locks shall be provided in the on-call rooms to protect the personal property of the House Officers. A computer with access to the Health System information system shall be installed in each call room.

All call rooms shall be cleaned daily between the hours of 8 a.m. to 5 p.m. with sheets, blankets, towels, wash cloths and soap provided. It is recognized as a joint responsibility to develop and implement a mechanism for House Officers and management to maintain neatness so that Environmental Services can clean each on-call room daily. To this end, a list of contact information will be posted in each room to facilitate problem resolution. It is understood that these rooms are for the priority use of House Officers at all times. Other staff will be restricted from using on- call rooms except for cleaning and maintenance work. Bath and shower facilities, not shared with patients or families shall be made easily available to on-call rooms. Access to shower/toilet rooms shall be made available to House Officers within a reasonable distance from the on-call room. House Officers shall be granted access to the shower/locker room located on B1 Taubman Center, and the OR shower area.

A list of these rooms and any changes will be provided to the Association by the Employer. All changes made to the current list of on-call rooms will be reasonably comparable and by mutual agreement through LMC (Labor Management Committee)

The House Officers Association shall have the right to designate, subject to approval by the Employer, as many as three (3) on-call rooms in University Hospital and one (1) each at the Mott and Women's Hospitals for female use exclusively. These designations may be changed by the House Officers Association, subject to approval by the Employer.

The Employer will secure and maintain call room space for House Officers who are on "home call" status.

ARTICLE XVII. WORK ENVIRONMENT

Upon employment, the Employer will provide three (3) white coats to each House Officer for their use for the duration of their training program. These white coats will be personalized with the House Officer's name embroidered, or affixed in another manner, for personal identification. A worn out or damaged coat may be exchanged by the employee on a one-for-one basis as needed. The house officer's Department is responsible for implementing a process for the facilitation of the cleaning of white coats. This process must exclude the House Officer personally being responsible for delivering and picking-up their white coat from Laundry Services.

The Employer has the authority and obligation to make available high quality medical and dental care for patients and to provide and maintain a suitable environment for the practice of medicine for the employees covered by this Agreement. In this regard, the Employer agrees to make reasonable efforts to continue to improve that care and environment.

The employees covered by this Agreement have the responsibility and obligation to provide high quality medical and dental care for patients within the resources and environment made available by the employer.

In implementation of the above, the parties agree as follows: High-quality medical and dental care requires the combined, coordinated and inter-disciplinary efforts and services of a variety of personnel and the specific identification and assignment of tasks required for proper patient care to certain categories of personnel, to the exclusion of other categories, is not practical nor in the best interest of good patient care.

It is understood, however, that House Officers are not normally required or expected to function as clerks, messengers, transporters or custodians. However, House Officers may occasionally be required to perform these functions when no other employees responsible for these services are available.

In no event shall a House Officer be required to perform such functions on a regular and recurring basis for substantial periods of time. The question of whether an individual House Officer is being required to function to this extent as a clerk, messenger, transporter or custodian may be the proper subject of the Complaint, Grievance, and Arbitration Procedure.

In addition and when a House Officer is required or decides, on the basis of direct assignment or in the exercise of professional judgment and in the best interest of good patient care, to perform the principal duties of hospital-related job classifications, whether professional or non-professional, but the House Officer believes the task should be performed by another category of personnel because the time involved in the performance of the task prevents the House Officer from delivering other important medical care on a timely basis, the following procedure should be utilized by the House Officer.

Following completion of the task, immediately contact the House Officer's Program Director, or designee, who will make a decision on the appropriateness of the direct assignment or the House Officer's exercise of professional judgment, or, at the option of the House Officer, make contact with the HOA administrator and they will contract the Administrative Liaison for the University. Prior to contacting the Administrative Liaison, either the House Officer or the HOA will fill out the House Office Improper Work Duty Assignment Claim (attached as Appendix A). The Administrative Liaison will promptly investigate the situation and respond in writing to the House Officer and the Association. A copy of the response will be forwarded to the House Officer's Program Director. If the issue is determined to involve administration of the contract, then the Contract Administrator for the University will be notified and will investigate accordingly.

The House Officer lounge currently provided, or one of comparable size and with comparable furnishings, will be maintained by the employer. The lounge will be cleaned daily.

The design and building of new facilities or the expansion or revision of existing facilities will involve the consideration of work flow, new technology and/or technological needs, and structure utilization for House Officers. Committees formed to address these matters shall request participation by a House Officer from the affected area to provide information relevant to the considerations listed above, unless mutually agreed otherwise.

The Employer will continue to clearly identify a partitioned space in the Hospital cafeteria as reserved for medical staff.

The Employer will continue to provide for the safety of employees during the periods of employment. In the event that an employee or the Association has a grievance concerning this provision, the grievance procedure should be utilized as soon as possible.

The Employer will place equipment and supplies in a consistent manner in each "clean room". Shelves will be labeled and an index available identifying the location of the equipment and supplies available in each "clean room."

The University is committed to providing state-of-the-art safety equipment in the Operating Rooms and Emergency Department. Education will be provided annually to House Officers on the availability and use of equipment through departmental teaching programs. House Officers commit to using the safety equipment provided.

The University will post protocols for needle sticks and other body substance exposures on the Nursing units, the operating rooms, the Emergency Department, angiography suites, and in other applicable areas.

The University will provide available safety and security information and training, as requested by the Association or as deemed appropriate by the University. Hospital Security Services will offer personal safety and violence management training, as requested by the Association.

Recognizing that the improvement of patient care, work environment, and education often involve complex interactions, the appropriate committee(s) and the Labor Management Committee (LMC) are the proper, but non-exclusive, forums for consideration of these matters.

The University recognizes that its physicians provide care for patients having some of the most difficult medical problems in the State. The University recognizes that the bulk of this care is delivered by the House Officers, along with the attending staff, who are licensed physicians. The University also recognizes that the quality of patient care is directly related to the supportive and ancillary services.

Supportive and ancillary services are those services commonly provided by hospitals, which free physicians from non-physician tasks and permit them to devote the bulk of their time to providing patient care.

The Employer agrees to provide timely phlebotomy service 24 hours a day every day. This service shall include, but not be limited to, blood cultures and all other laboratory draws in all units including all ICU's. However, in extraordinary circumstances only, the regular blood drawing service will not be required to draw blood. For purposes of this section, House Officers are not considered part of the regular blood drawing service. Extraordinary circumstances are defined to be, and limited to, life threatening situations in which a patient is "coding" or "about to code". Whether extraordinary circumstances exist will be determined by a House Officer's assessment of the patient's condition.

The Employer also agrees to provide timely IV services, which shall include, but not be limited to placement and maintenance of IV catheters. This service shall be provided 24 hours a day every day in all units including all ICU's.

The Employer agrees that no less than the current level of IV service will be maintained on an around-the-clock basis during the term of this agreement.

Reporting problems/concerns with designated ancillary services: Incidents will be reported on standard forms to the Association. As trends are recorded, the Association liaison will be appraised of the trend, and appropriate actions will be taken to address the problem.

ARTICLE XVIII. PARKING

The Employer agrees to provide designated parking for an employee who is specifically designated as on-call. Access will be provided to P3 between 4:00 p.m. and 9:00 a.m. In the event that exit from the structure after 9:00 a.m. is not automated, employees will be able to call parking services directly to facilitate exit. Communication with an employee's supervisor is not required to allow exit in this circumstance. The phone number to parking services will remain posted and visible at the exit of P3.

Employees who are called to the Hospital for an emergency consult, whether in the Emergency Department or on a service, may use valet parking at the Emergency Entrance at no expense. Employees must provide the valet attendant with proper identification and indicate which service the consult is related to.

An employee who has been assigned to an off-site location and is required to return to the Hospital prior to 4:00 p.m. (given that at 4:00pm they will have access to P3) will not have to pay for parking fees incurred in the Patient/Visitor Parking Structure (P2) during the required return period. Exit from the parking structure will require a parking voucher, available primarily through their individual Program Coordinators or the Program Coordinators' designees. If the Program Coordinator is not available, the parking vouchers will be available at the main entrance desk located on floor 1 of the Taubman Center prior to leaving the parking area.

The Employer reserves the right to modify this arrangement upon two (2) weeks notice to the Association; provided, however that no such notice will be given until the Association has had the opportunity to discuss the matter with the University in an effort to solve the problem. While the Employer cannot foresee every reason for modification, modification will not be unreasonably exercised, i.e., will not be exercised without good reason. It is understood that impact on Patient/Visitor parking needs would be reason for modification. In any case, however, abuse of this arrangement shall always be reason for modifying the current arrangement.

Parking services will communicate changes to parking structures and parking processes to the HOA Board at least two (2) weeks prior to any change. At this point, one (1) parking services contact individual will be identified to communicate with the HOA Board during the transition period, which will begin two (2) weeks before the change and end at a time mutually agreed upon by the HOA Board and the employer.

ARTICLE XIX. DISCIPLINE/GRIEVANCE

The Employer shall not discharge or take other disciplinary action without just cause.

A grievance which concerns this Article shall begin at Step Three of the Complaint, Grievance, and Arbitration Procedure, provided it is submitted in writing at Step Three within thirty (30) calendar days after receipt by the employee of the Employer's written notification of the disciplinary action.

Notwithstanding anything in this Article, whenever a House Officer is suspended, terminated or not reappointed to a residency training program, the House Officer will be promptly informed of the specific reasons for the action. Matters of suspension or termination from, or appointment or non-reappointment to, a residency training program shall remain within the exclusive discretion of the University and shall not be subject to the Complaint, Grievance, and Arbitration Procedure Article. Matters of professional conduct shall be subject to the provisions of the University of Michigan Health System Medical Staff Bylaws and Bylaws Supplement and as they may be amended from time to time. In the event proceedings are instituted under Article VIII of the University of Michigan Health System Medical Staff Bylaws and Bylaws Supplement, the Association shall be notified. No matter concerning professional conduct shall be subject to the Complaint, Grievance, and Arbitration Procedure Article, except for a question as to whether the procedure set forth in the Bylaws was followed. Also see Dispute Resolution Memorandum of Understanding.

Whenever practicable, House Officers will receive notice of non-reappointment in accordance with ACGME policy, which currently requires notice of non-reappoint no later than 4 months prior to the end of his/her training year. It is the Employer's intent through the appropriate responsible individual(s), usually the Program Director or Department Chair, to discuss unsatisfactory work performance and expectation with an affected House Officer whenever such performance becomes known to the responsible individual(s). If deficiencies in the progress of a House Officer are sufficient to warrant concern to the Program Director about the continuation of his/her residency program, the House Officer shall be informed of the deficiencies in writing and shall be given a reasonable opportunity for remediation. If a remediation plan is considered a viable option by the program director, it shall be discussed with the House Officer at the time that the deficiencies are identified and shall include the designation of a mentor, with House Officer input, and a written plan including the time frame specified for the remediation. It is the intent of the Employer to assure that each House Officer is given appropriate due process in any issue concerning unsatisfactory work performance. Each training program will maintain a written policy regarding evaluation, promotion, remediation, suspension, and termination of House Officers as per ACGME guidelines. House Officers will have representation on IRC and GMEC to help facilitate this. Additionally, a copy of a program's policy on House Officer evaluation, promotion, remediation, suspension, and termination will be provided to the House Officer Association or an individual House Officer, upon request. The Employer, however, retains the right to immediate termination of a House Officer without remediation in order to ensure the safety of either patients or staff.

It is understood that the collective bargaining agreement addresses the terms and conditions of employment, but does not extend to oversight of a House Officer's academic training program.

However, the Employer and the House Officers Association share a common interest with regard to providing assistance and support for a House Officer in the event a House Officer receives notice of a remediation plan, suspension, termination, or non-re-appointment from their Program Director.

The Employer agrees to assist the House Officer with making contact with the House Officers Association in such a circumstance, so that the House Officer is aware of the services and support that may be provided by the House Officers Association. To this end, the parties agree to meet at least Quarterly in the Labor Management Committee to explore the best approach and method(s) for this assistance to be provided.

ARTICLE XX. COMPLAINT, GRIEVANCE, AND ARBITRATION PROCEDURE

SECTION A: DEFINITION OF GRIEVANCE

A grievance is a disagreement, arising under and during the term of this Agreement, between either (1) the Employer and any employee concerning (a) his/her employment and (b) the interpretation or application of the provisions of this Agreement or (2) the Association and the Employer concerning the interpretation and application of this Agreement on a question which is not an employee grievance or which concerns more than one employee, and involves a common fact situation and the same provision(s) of the Agreement.

SECTION B: DEFINITION OF COMPLAINT

A complaint includes a grievance as defined here, but is also any other disagreement, arising under and during the term of this Agreement, between the Employer and an employee or the Association concerning employment.

SECTION C: ASSOCIATION COMPLAINT FILING

In the event that the Association has a complaint, it shall begin at Step Three of the grievance procedure, provided the written complaint is received by the employer's Review Committee within twenty (20) calendar days following knowledge of the facts giving rise to the complaint. Such a complaint shall be submitted by the Association President, or the president's designated representative, on behalf of the Association or on behalf of more than one employee involving a common fact situation and the same provision(s) of the Agreement.

SECTION D: REPRESENTATION

For this purpose, an Association representative may represent an aggrieved employee as provided in the following sections. The Association will provide the Employer with a list of representatives appointed for this purpose.

SECTION E: PROCEDURE

The following procedure shall be the sole and exclusive means for resolving complaints or grievances.

Upon written request from the Association, the Employer shall provide available and relevant information which is necessary to properly process a grievance.

STEP ONE

An employee may bring a complaint concerning his/her employment to the attention of his/her department chairperson (or equivalent level of supervision) or his/her designee and may attempt to resolve his/her complaint with or without the assistance of an association representative. However, there shall be no resolution which is inconsistent with the terms of this Agreement.

STEP TWO

In order to be further processed under this Agreement, a complaint must be filed in writing within thirty (30) calendar days following knowledge of the facts giving rise to the complaint. A written complaint must be filed with the employee's department chairperson (or equivalent level of supervision), or his/her designee by an employee or by the Association on behalf of a named employee. The Department Chairperson shall provide the Association with a written response within fourteen (14) calendar days of filing, or the discussion, whichever is the later.

STEP THREE

A written complaint which is not resolved at Step Two within fourteen (14) calendar days of filing or the discussion, whichever is the later, may be referred to the Employer's Review Committee by the Association. The Association may timely refer a written complaint to Step Three at any time within ten (10) calendar days after either the expiration of the fourteen (14) day time limit or receipt by the Association of the department chairperson's written response, if later.

Any party may request discussion. The Review Committee shall provide the Association with a written response within thirty (30) calendar days of filing, or the discussion, whichever is the later.

STEP FOUR

A complaint which constitutes a grievance as defined in Section A and which is not resolved at Step Three within thirty (30) calendar days of referral or the discussion, if any, may be submitted to arbitration. The Association may timely submit a grievance to arbitration any time within ten (10) calendar days after receipt by the Association of the Review Committee's written answer, if later.

In order to submit a grievance to arbitration, the Association shall file a written notice of intent to arbitrate with the Review Committee. Such notice shall identify the grievance and the issue, set forth the provisions of the Agreement involved, and set forth the rationale explaining how the Agreement has been violated and the remedy desired. If no such notice is given within the prescribed time limit, the grievance shall not be arbitrable.

Thereafter, the Employer and the Association may attempt to select an arbitrator. If there is no mutual selection of an arbitrator within seven (7) calendar days after notice of intent to arbitrate, selection of an arbitrator will be from a panel of seven arbitrators secured from the FMCS.

No later than seven (7) calendar days after receipt of the panel, the parties will select an arbitrator by alternately striking names. The order of striking will be determined by a coin toss. The remaining name will serve as arbitrator.

Every grievance submitted to an arbitrator for decision shall be subject to the following terms and conditions:

Either the Employer or the Association or both shall notify the arbitrator of his/her selection and upon his/her acceptance shall forward to the arbitrator a copy of the grievance, the employer's answer at Step Three, the Association's notice to the Review Committee as provided for in this section, and a copy of the Agreement. A copy of this communication, except a copy of the Agreement, shall be sent to either the Employer or the Association as the case may be. In the event the arbitrator does not accept his/her selection, the selection process shall be repeated until an arbitrator has accepted selection.

Upon receipt of this communication, the arbitrator shall fix the time for hearing the issue or issues submitted for decision.

At the time of the arbitration hearing both the Employer and the Association shall have the right to examine and cross-examine witnesses.

Upon the request of either the Employer or the Association, or both, a transcript of the hearing shall be made and furnished to the arbitrator, if he/she so requests, with the Employer and the Association having an opportunity to purchase their own copy. The party requesting the transcript shall bear the full cost of the arbitrator's copy, unless it is mutually requested. In such a case, the cost shall be shared equally.

At the close of the hearing, the arbitrator shall afford the Employer and the Association a reasonable opportunity to furnish briefs if either party requests the opportunity.

The jurisdictional authority of the arbitrator is defined as, and limited to, the determination of any grievance as defined above. submitted to him/her consistent with this Agreement and considered by him/her in accordance with this Agreement.

The arbitrator shall not have any authority to add to, subtract from, or otherwise modify any of the terms, clauses, or provisions of the Agreement.

The fees and expenses of the arbitrator shall be shared equally by the Employer and the Association. The expenses of, and the compensation for, each and every witness and representative for either the Employer or the Association shall be paid by the party producing the witness or having the representative.

The arbitrator shall render his/her decision in writing as soon as possible.

The arbitrator's decision, when made in accordance with his/her jurisdiction and authority established by this Agreement, shall be final and binding upon the employer, the Association, and the employee or employees involved.

SECTION F: TIME LIMITS

The time limits set forth in this Article may be extended only by mutual agreement of the parties. Whenever time limits are used in this Article actual receipt or a postmark, if mailed, will control.

SECTION G: DISPUTE RESOLUTION

The Agreement contains a number of different procedures for resolving disputes and problems. This memorandum provides a brief description of these procedures, indicates the types of issues each procedure is designed to address and cites the location of the complete procedure in the Agreement.

Conferences: Either the Association or the Employer may request a Conference to discuss matters of mutual interest or to share information. Issues raised under this procedure generally do not involve the concerns of a single House Officer. Any issues under consideration in the Complain, grievance and Arbitration Procedure may not be discussed in the Conference format.

Patient Care and Work Environment: This Article describes two procedures which a House Officer may follow if, in the interest of patient care, he/she decides to perform the work of another professional or non-professional employee (clerk, messenger, etc.) when he/she believes that doing so will prevent him/her from delivering other important medical care.

Discipline: A House Officer may be disciplined (including discharge from employment and termination from a training program) for misconduct or unsatisfactory performance under three different procedures, each with its own resolution process.

Discipline continued: A House Officer disciplined for misconduct in the employment relationship may appeal this discipline through the process described in Complaint, Grievance and Arbitration Procedure section.

Discipline continued: A House Officer disciplined for unsatisfactory academic performance may appeal this discipline through the due process mechanism maintained by each Department. In addition, a House Officer may appeal a departmental academic decision to the University of Michigan health System Graduate Education Advisory committee. This appeal process is described in the Joint Staff document titled: "Procedure of Appeal of Academic Decisions Including Suspension or Termination from, or Non-Reappointment to, a UMMC Graduate Medical Education Program."

Discipline Continued: If action is taken as a result of a formal complaint received by the Executive Committee on Clinical Affairs, a House officer may appeal this action through the procedures described in Article XXXI of the University of Michigan Medical Staff Bylaws and Bylaws Supplement.

Article XX, Complaint, Grievance, and Arbitration procedure: This article describes the grievance procedure, a formal mechanism for resolution of disagreements between a House Officer and the Employer or between the Association and the Employer involving interpretation or application of the terms of the Agreement. The Employer and the Association may mutually agree to add a process for dispute mediation prior to arbitration. In this event, the parties will agree on a list of mediators to use and will share the costs of mediation equally.

ARTICLE XXI. EMPLOYER RIGHTS

All employer rights, powers, discretion, authority, and prerogatives are retained by and shall remain exclusively vested in the employer, except as clearly and specifically limited by this Agreement.

ARTICLE XXII. NON-INTERFERENCE

The Association and its officials will not cause, support, encourage, or condone, nor shall any employee or employees take part in any concerted action against or any concerted interference with the operations of the employer, such as the failure to report for duty, the absence from one's position, the stoppage of work, or the failure, in whole or in part, to fully, faithfully, and properly perform the duties of employment. Nothing in this paragraph shall be construed to limit individual participation in an activity that is unrelated to the employment relationship.

In the event of any such action or interference, and on notice from the employer, the Association, through its officials, will immediately disavow such action or interference and act affirmatively to prevent or bring about the termination of such action or interference by instructing any and all employees to cease their misconduct and informing them that this misconduct is a violation of the Agreement, subjecting them to disciplinary action, including discharge.

If the Association, through its officials, performs its obligations as set forth in this Article, the Employer agrees that it will not file or prosecute any action for damages against the Association or its officials. Nothing herein, however, shall preclude the Employer from proceeding against any employee involved in such action or interference.

ARTICLE XXIII. NON-DISCRIMINATION

The Employer and the Association agree that there will be no discrimination in the application of this Agreement because of race, creed, color, national origin, age, disability, sex or sexual orientation.

Nothing in this Article shall be construed to prevent an employee alleging discrimination from exercising constitutional or statutory rights which may be available.

The Employer and the Association recognize the need for increased female and under-represented minority representation in all areas of medicine. We support efforts to increase representation at The University of Michigan Health System.

In addition, the Employer agrees to provide the Association with data annually of the female and minority representation of the House Staff.

The Employer and the Association will continue to support mutually agreeable programs to promote the diversity of the House Staff.

The Employer and HOA are committed to preventing and eliminating discrimination and sexual harassment of all staff. To that end, all parties will agree to follow the University policies and procedures regarding Discrimination and Sexual Harassment.

House Officers will be informed of the University's policies and procedures regarding harassment and discrimination issues. House Officers will receive the University's pamphlet on Sexual Harassment upon their hire to the Health System during their orientation which will include a list of departments a House Officer can contact if they are experiencing discrimination or harassment. If the circumstance arises where this pamphlet will no longer be distributed at orientation, the Employer will make reasonable efforts to notify the HOA of the change and any alternate method for communicating this information.

In the interest of providing support to the House Officers, the HOA will be furnished with a list of resources and departments to assist House Officers with seeking assistance regarding instances of discrimination or sexual harassment.

A House Officer also has the right to pursue a legal remedy for sexual harassment in addition to, or instead of, using internal reporting procedures.

ARTICLE XXIV. ASSOCIATION DUES

SECTION A:

During the life of this Agreement and to the extent the laws of the State of Michigan permit, every employee, beginning with the month following (1) thirty (30) calendar days after the execution date of this Agreement or (2) thirty (30) calendar days after employment in the bargaining unit, whichever date is the later, and monthly thereafter, beginning September and ending in June, may tender to the Association either periodic and uniformly established dues, or, in the alternative, a service charge in an amount equivalent to periodic and uniformly established dues. Such membership dues can be tendered or paid to the Association either as provided in Article XXV, Check-Off of Association Dues, or by direct cash to the Association.

SECTION B: INDEMNIFICATION

The Association shall indemnify and save the Employer harmless from any and all claims, demands, suits or any other action arising from this Article. The Association specifically agrees to indemnify and hold the Employer harmless for any liability arising under MCL 423.210, as amended effective 91 days after adjournment of the 2012 regular session sine die, including but not limited to damages, court costs and reasonable attorney fees awarded to a plaintiff under MCL 423.210(10).

ARTICLE XXV. CHECK OFF OF ASSOCIATION DUES

During the term of this Agreement, and as provided in this Article, the Employer will deduct Association dues or the representation-service fee from the salary, if any, of each employee who authorizes such a deduction by filling out a Voluntary Authorization for Deduction of Association Dues or Representation-Service Fee form prepared by the Association, using language acceptable to the Employer. Employees will deliver Voluntary Authorization for Deduction of Association Dues or Representation-Service Fee forms to the Association. The Association will notify the Employer that a deduction has been authorized. These notifications will be accomplished via delivery of the following information to the University payroll office on mutually-agreed upon dates in a mutually agreed-upon electronic format: Employee name, employee eight (8) digit identification number, and whether the deduction is for association dues or representation service fees.

SECTION A: SAVINGS CLAUSE

In the event that the provisions of the Public Employment Relations Act prohibiting the mandatory payment of union dues or service fee are repealed or there is a partial repeal or modification of MCL 423.210 the parties agree to negotiate over any changes to this article. In the event that the provisions of the Public Employment Relations Act prohibiting the mandatory payment of union dues or a service fee are repealed, the conditional language in Paragraph 204 will be enforced as a condition of employment.

SECTION B: CHECK OFF OF ASSOCIATION DUES

During the term of this Agreement, and as provided in this Article, the Employer will deduct Association dues from the salary, if any, of each employee who authorizes such a deduction by filling out a Voluntary Authorization for Deduction of Association Dues form prepared by the Association and using language as provided below. Previously submitted authorizations shall remain effective. Employees will deliver Voluntary Authorization for Deduction of Association Dues forms to the Association. The Association will provide the Employer with a copy of the signed authorization forms for each house officer authorizing dues deduction. This authorization form may include an electronic signature so long as proof of receipt of the electronic signature can be demonstrated as in the past. These notifications will be accomplished via delivery of all legally required information to the University payroll office on mutually-agree upon dates in a mutually agreed-upon electronic format.

VOLUNTARY AUTHORIZATION FOR DEDUCTION OF ASSOCIATION DUES

I hereby authorize UMHS to deduct from my wages each month excluding July and August, and to pay the House Officers Association (HOA), an amount equal to the monthly dues and assessments, or representational fees or charges that may apply in lieu thereof, as a result of my representation by HOA. I further direct that such amounts so deducted shall be turned over each month to the Director of the HOA for and on my behalf.

I authorize these deductions for, and in consideration of, the Association's activities in representing me for collective bargaining and other purposes, and without regard to my present or future membership in the Association.

This authorization and assignment is made voluntarily and of my own free will, and shall be irrevocable for the term of the applicable contract between the HOA and my employer or for one year, whichever is the lesser, and shall automatically renew itself for successive yearly or applicable contract periods thereafter, whichever is the lesser, unless I give written notice of my desire to revoke same to the HOA and Employer on a form provided by the Employer.

DATED
SIGNATURE
PRINT NAME
UofM Email address

ARTICLE XXVI. CERTIFICATION OF TREASURER OF ASSOCIATION

The following certification form shall be used by the Association when certifying membership dues:

CERTIFICATION OF TREASURER OF THE ASSOCIATION

I certify that the membership dues for employees in this bargaining unit are $____ per 12-month appointment.

Date
Signature
TREASURER OF THE HOUSE OFFICERS ASSOCIATION
Date of Delivery to University

Such written certification must be delivered to the Employer no later than August in any year to become effective in the following July through June period.

Payroll deductions shall begin in September and be one-tenth (1/10) of the certified dues and shall be taken from the following ten (10) paychecks. The initial deduction for any employee shall not begin unless both (1) a properly executed “Voluntary Authorization for Deduction of Dues” and (2) the amount of monthly membership dues certified by the treasurer of the Association has been delivered to the University at least thirty (30) calendar days prior to the last pay day of the calendar month. Changes in the amount of the monthly membership dues must be delivered to the University at a place designated by the University at least thirty (30) calendar days prior to the last pay day of the calendar month before the change will become effective.

An employee may revoke the employee's "Voluntary Authorization Deduction of Dues" at any time by written notification to the Employer on a form provided by the Employer. Payroll deductions shall terminate when a revocation has been delivered to the University Payroll Office at least thirty (30) calendar days prior to the last payday of the calendar month. The Employer shall provide a copy of any revocation request to the HOA within five (5) days of receipt.

In the event that there are not sufficient months to take ten (10) deductions, the remaining amount will be taken from the July pay of the next fiscal year or the member's last payroll, regardless of month.

Remittance of amounts deducted shall be made via wire transfer to the Association's bank by the fifteenth (15th) of the month following the month of deduction, together with a list of names and the amount deducted for each employee for whom a deduction was made.

The Employer shall not be liable to the Association for the remittance or payment of any sum other than that constituting actual deductions from salary.

The Association shall indemnify and save the Employer harmless from any liability resulting from any and all claims, demands, suits, or any other action arising from compliance with this Article, or in reliance on any notice or authorization furnished under this Article. The Association specifically agrees to indemnify and hold the Employer harmless for any liability arising under MCL 423.210, as amended effective 91 days after adjournment of the 2012 regular session sine die, including but not limited to damages, court costs and reasonable attorney fees awarded to a plaintiff under MCL 423.210(10).

The Association specifically agrees to make whatever adjustments are necessary directly with any employee who may, as a result of this deduction procedure, pay more or less than the Association's annual dues.

Notwithstanding the execution and delivery of the Voluntary Authorization for Deduction of Association Dues form, an employee may voluntarily revoke previously authorized payroll deductions by submitting written notification to the Employer. The Employer shall provide a copy of any revocation request to the HOA within five (5) days of receipt. Payroll deductions shall terminate when a revocation has been delivered to the University Payroll Office at least thirty (30) calendar days prior to the last payday of the calendar month. Unless revoked by the employee, dues deduction authorizations shall remain in effect for the duration of the employee's employment as a House Officer.

ARTICLE XXVII. (MONTHLY) LISTINGS

The Employer shall furnish the Association an initial list of names, departments, uniqnames pager numbers, and UMID# of new House Officers as soon as it is available through the contract administrator.

The Employer shall provide the Association a list of: First name, Last name, UMID, Sex, Birthdate, HO level, Date in Class, Salary rate from the Employer (different than the FTE rate for grant funded), Status, Permanent Address, Home Phone, Department Number, Program, Business Phone, e-mail address, unique name and pager numbers, and if applicable, leave of absence and termination status. The Employer shall furnish the Association a copy of this information at monthly intervals thereafter The Association may request reports on House Officers on an ad hoc basis from the contract administrator. The Association shall retain any report information in confidence and disclose it only to those whose Association duties, or duties on behalf of the Association, require them to have such information. Problem solving around issues that arise with such lists and information shall occur through the Labor Management Committee or Conferences, which can be requested by either party

The Association will be given 30 days-notice if the electronic file format of the information provided through HR Information Systems is changed as the Association will then need to update their systems accordingly.

Note: The Quarterly HOA_Union_Address_Report currently contains the following information: First name, Last name, UMID, Sex Birthdate, HO level, Date in Class, Salary rate from the Employer (different than the FTE for grant funded), Status, Permanent Address, Home Phone, Department Number, Program, Business Phone, e-mail address, unique name.

ARTICLE XXVIII. BULLETIN BOARDS

In order to provide additional means of communication with its membership, the Association will be provided access to designated bulletin boards in all major hospital buildings (e.g. University Hospital, Women's & Children's, CVC, Kellogg), including new and replacement buildings. The number of bulletin boards per building should be proportional to the volume of resident traffic in a given building, and can be agreed upon between the Association and the employer.

Bulletin Boards and email are the means for communicating written materials to the Employees by the Association. The Employer's mail distribution system is not available for use by the Association, except that the Association may hand deliver and place communications in a House Officer's mail box.

The Employer shall provide the Association with lockable bulletin boards designated for its exclusive use in not less than twelve (12) mutually agreeable areas, including one outside the House Officer Association offices, for the purpose of posting Association notices. Association bulletin boards are to be available in all major hospital structures, including new and replacement buildings. Each bulletin board shall be sufficient to hold four (4), eight (8) inch by eleven (11) inch notices. Such notices shall be approved by a responsible officer of the Association. The content of these notices may include, but is not limited to information regarding:

  1. Association meetings;
  2. Association elections and appointments;
  3. Results of Association elections;
  4. Recreational and social events of the Association;
  5. General communication relevant to the Association's role as a collective bargaining agent.

In the event of a dispute concerning the appropriateness of material posted, the President of the Association will be advised of the nature of the dispute. If the dispute is not resolved within forty-eight (48) hours, the notices will be removed until the dispute is resolved.

ARTICLE XXIX. STAFF REDUCTION

After commencing work, an employee shall not be laid off or terminated during the employee's current appointment year, except as provided by Article XVIII.

The Employer intends to make a good-faith commitment not to terminate a House Officer during the course of his/her training program because of economic issues. It is agreed that there shall be Association representatives on institutional committees considering residency number decreases. In the event of a reduction of employees or an elimination of bargaining unit positions that may affect an employee in any future appointment year, the Employer shall notify the Association and employees who could be affected as soon as practicable after the Employer has reason to believe the change may be implemented. In the event of application of this paragraph, the Employer would make every effort to provide notification by November 1, prior to a July 1 reduction. In this regard, the University, through the Graduate Medical Education Office, shall provide annual reports to the Association, giving any changes in the number of House Officer positions in each department or section. In the event of a House Officer being terminated because of external forces, out-placement (career counseling and support) services will be offered by the employer. The Association shall have the opportunity to advise the Employer of its position in regard to any such reduction of employees or elimination of positions

ARTICLE XXX. COMMITTEE MEMBERSHIP

The following categories of committees shall have one (1) seat allotted for an HOA appointed representative for each committee contained within:

  1. Executive Committee on Clinical Affairs(ECCA) and ECCA subcommittees.
  2. Hospital OR Committees
  3. Graduate Medical Education Committee(GMEC) and GMEC subcommittees.
  4. Other: Capacity Governance, MCAC, Clinic Radiation subcommittee, Critical Care Steering committee, HSCQC, Clinical Quality committee

The Association reserves the right for final selection and/or approval for each Employee committee member when said Employee committee member will, in general, serve as an Association representative. At least one Association-endorsed (1) Employee member shall be designated to each committee listed above, with the exception of the GME Committee. In addition to the Association appointed representative, the Employer reserves the right to appoint any additional House Officers to any committees as it deems appropriate.

The Employer shall appoint a house officer to each of the following committees:

  1. GME Special Review Committee
  2. Credentialing and Privileging Committee
  3. Medical Liability Review Committee(MLRC)

The Association will have the ability to appoint two (2) members to serve on the GMEC. Two (2) additional seats on the GMEC will be selected through a general election process conducted by the Graduate Medical Education (GME) office. Each House Officer member of the GMEC would receive a vote on the committee.

It is understood that the voting rights of the Employee committee members may vary by committee, and members on a committee shall, in general, have one (1) vote, except in the case of Employee members of the GME Committee, or when otherwise mutually agreed upon by both the Employee member(s) and the respective Committee Chair.

Association appointed members will brief the Association on updates from committee meetings as needed. Minutes, communications, and agendas of committees containing an Association member will be available upon request to the Association Administrator.

The Association shall furnish the Employer, with the names of the Employee member(s) it appoints to each of the listed committees and shall promptly notify the respective Committee Chair of any changes. At least annually, the Employer and Association shall meet to discuss committees containing an Association representative and whether the University has established new committees within the categories listed within paragraph 229.

In the event that a new committee is established, the Employer and the Association, by mutual agreement, may include an Association-endorsed Employee committee member on the new committee. If, by mutual agreement, it is decided that it is not necessary to appoint an Employee to a committee, alternative means for soliciting Employee input on issues of concern to the Employees and the Association shall be agreed upon mutually.

It is understood that when a committee agenda includes a subject concerning the Employer's relationship (existing or potential) with any union, or involves the administration of any collective bargaining agreement or wages or benefits for any employee, whether or not members of this bargaining unit, Employees in attendance may be excused from that portion of the committee meeting by the Chair of the Committee.

ARTICLE XXXI. MEDICAL STAFF BYLAWS AND BYLAWS SUPPLEMENT

Except as otherwise specifically provided in this Agreement, a House Officer shall be subject to the University of Michigan Health System Medical Staff Bylaws and Bylaws Supplement, and as they may be amended from time to time. No matter concerning or arising under these Bylaws, Rules and Regulations shall be subject to the Complaint, Grievance, and Arbitration Procedure Article of this Agreement, except for those matters specifically provided in this Agreement. Each House Officer, at the time of employment, will be provided with a copy of the University of Michigan Health System Medical Staff Bylaws and Bylaws Supplement.

ARTICLE XXXII. TRAVEL REIMBURSEMENT

If a House Officer is assigned to a facility that is more than fifteen (15) miles round trip to and from the University, he/she shall receive reimbursement for the total mileage, at the University's standard rate at the time of assignment. The University Hospital shall be considered the point of origin. Reimbursement will be made by the House Officer's Department upon request of the House Officer.

Reimbursement shall not be required when transportation is provided or made available by the Employer.

When a House Officer's Program Director approves a professional development experience and expenses approved for reimbursement are incurred, the House Officer and the designated delegates and approvers will abide by the timeliness requirements established for reimbursement. If a House Officer does not meet the timeliness standards, the Department may decline reimbursement, however, at no time will a House Officer fail to be reimbursed if the CONCUR delegate and/or approver fails to meet the deadline.

To the extent practicable, the Association will be notified of any changes in the reimbursement policy thirty (30) days prior to the implementation of any change so that the Association can assist in the communication of the changes to employees.

ARTICLE XXXIII. REVISED APPOINTMENT YEAR

House Officer I's will be appointed for a period other than July 1 to June 30 in all departments. This revised appointment will be defined as the first day of orientation or first day of work, whichever is first. Exceptions to this provision may be made based on the availability of individual House Officer I's or in departments where direct inpatient care is not provided. In the event that any House Officer I is assigned to remain on duty for one or more days following the end of the appointment year to assist in the orientation of new House Officer I's, equivalent time off will be provided at some other time, either before or after the assignment.

ARTICLE XXXIV. ORIENTATION FOR HOUSE OFFICERS

The Employer will provide an orientation for new House Officers at the beginning of employment. A representative of the House Officers Association will be provided the opportunity to make a presentation.

All House Officers will be paid for every day they are required to be in service to the employer. They will be paid at 1/365th of their yearly salary for each day of service prior to the start of their employment. This includes, but is not limited to, orientation, BLS, ACLS, PALS, NRP, ATLS and other required service such as check-in or administrative sessions scheduled prior to the employment start date.

ARTICLE XXXV. WAIVER

The Employer and the Association acknowledge that during the negotiations which resulted in this Agreement each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understanding and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Employer and the Association for the life of this Agreement each voluntarily and unqualifiedly waives the right, and agrees the other shall not be obliged, to bargain collectively with respect to any subject or matter referred to or covered in this Agreement, or with respect to any subject or matter referred to in the negotiation of this Agreement.

ARTICLE XXXVI. RESTRICTIVE COVENANT

In accordance with the American Council on Graduate Medical Education, no House Officer will be required to sign a non-competition guarantee. Additionally, no House Officer will be bound by such covenants signed prior to or during tenure as House Officer. House Officers may be asked to sign a non-competition agreement for future employment as faculty at the University of Michigan.

ARTICLE XXXVII. CELLULAR PHONE STIPEND

The Employer recognizes that the work performed by House Officers is facilitated by the ability to respond via phone for patient care and to remotely access sensitive institutional and confidential patient data establishes a demonstrable need for those House Officers to use their personal cell phones in service to the Employer.

In recognition of this need, the Employer agrees to pay a monthly cell phone stipend, in accordance with University policy, in the amount of fifty dollars ($50.00) per month for all House Officers. In accordance with this policy, the House Officer is responsible for purchasing the cell phone and related service contract with their personal funds.

In order for the stipend to be payable, the House Officer will be required to complete a Verification Statement for Stipend Form and provide it to the Program Coordinator. The stipend shall be payable the first full month of employment after receipt of the completed form by the Program Coordinator.

In order to qualify for and maintain receipt of the monthly stipend, the employee will ensure that their cell phone reminds in compliance with University policy regarding the security of personally owned devices that access or maintain sensitive institutional and/or patient data including, but not limited to, the installation of any required security software on their cell phone.

The issuance of this stipend will take effect in the December 2017 pay period.


MOU I. VA AGREEMENT

This confirms our understanding and support of the following agreement between the VA Ann Arbor Healthcare System (VAAAHS) and its VAAAHS/University of Michigan Affiliation Partnership Council, and the Regents of the University of Michigan and the University of Michigan House Officers Association. The VAAAHS/University of Michigan Affiliation Partnership Council will monitor the conditions outlined in the agreement to assure compliance.

It is understood that disagreements or need for clarification which may arise over conditions outlined in this agreement may be discussed at the VA Health Professions Education Committee (formerly the VA Residency Review Committee) and may be referred after discussion at the Health Professions Education Committee to the VA Affiliations Partnership Committee (formerly the Dean's Committee).

AGREEMENT

House Officers rotating at the VA Ann Arbor Healthcare System are viewed by veterans as integral to their health care. Given that the VA is a federal facility with its own rules and regulations, the house staff are subject to all the rules and regulations of the VA as Trainees.

The VA Health Professions Education Committee will hear house officer issues related to patient care, work and work environment that are not department-specific. A house officer representative selected by the HOA will continue to participate in the Health Professions Education Committee and the VA Health Professions Education Committee. The Health Professions Education Committee meets quarterly; either party may request additional meets. Department-specific issues should be brought to the attention of the VA service chief. If further discussion is needed, the Associate Chief of Staff for Education at the VA and/or the Chairman of the University of Michigan department may be involved.

VA Ann Arbor Healthcare System agrees to abide by the Accreditation Council for Graduate Medical Education guidelines as they apply to the VA Hospital.

House officers who are required by their service to be in-house overnight shall have suitable and secure call rooms. Secured areas for belongings will be available to House Officers. Key card access is currently available on the entrance door, near the volunteer parking lot.

House officers rotating at the VA will be provided with meals or pre-loaded cards for VA Canteen use consistent to the qualification guidelines followed by the house officers rotating at University of Michigan. Qualifying house officers (those house officers in house overnight) will be provided with a $75, $50, or $25 cards commensurate with number of shifts and calls they are assigned. Due to the workload there are times where the additional distribution of cards is warranted and provided.

VA Ann Arbor Healthcare System, the University of Michigan, and the House Officers Association share a common interest and commitment to safety. Each agree to work together and with officials from the University of Michigan Planners Office and the City of Ann Arbor.

For The Regents of
The University of Michigan

_______________________________
Michelle Sullivan
Date:

The University of Michigan House Officers Association

___________________________
Josh Glazer
Date:

___________________________
Michael Clery
Date:


MOU II. VA HIRING REGULATIONS

In the interest of providing information pertinent to potential Employees, the Employer will provide the VA website that contains details surrounding the VA hiring regulations in the Interview Invitation Letter or at the time of interview. The intent is to provide an opportunity for applicants to access such information whose potential training programs would require rotations at the VA Hospital prior to the acceptance of a House Officer position at the University of Michigan.

For The Regents of
The University of Michigan

_______________________________
Michelle Sullivan
Date:

The University of Michigan House Officers Association

___________________________
Josh Glazer
Date:

___________________________
Michael Clery
Date:


MOU III. EXERCISE FACILITY

The University anticipates that a new exercise facility will be opened some time around August 2017. The facility will be located on the 8th floor of UH South. The Employer agrees to provide access to the facility for all House Officers. To the extent that a fee of use is implemented for this facility the House Officer will be responsible for their payment.

If, over the term of the Agreement, an additional exercise facility is identified, the Association will have access to it. If the Association identifies exercise space within its allotted rooms, the University will furnish the equipment mutually agreed upon. Maintenance of this equipment will be the responsibility of the Association, whose members would have exclusive use of the room.

Further, the University agrees to explore the feasibility of including an employee exercise facility in any new building replacement discussions. Existing space committees will be identified so that time lines for long and short terms options of identifying alternate exercise facility space can be established.

For The Regents of
The University of Michigan

_______________________________
Michelle Sullivan
Date:

The University of Michigan House Officers Association

___________________________
Josh Glazer
Date:

___________________________
Michael Clery
Date:


MOU IV. CHILDCARE

Currently there is not committee on the subject of childcare. To the extent that a future campus-wide committee on the subject of childcare is formed, an Association endorsed representative will be allowed to participate.

The Employer recognizes the difficulty in obtaining affordable and well trained childcare providers during emergencies for house officers. The Employer will support the ability of house officers to utilize the Kids Care at Home at the subsidized rate for 48 hours/year with the goal of increasing this rate to at least 72 hours/year.

The Employer recognizes the need for flexible caregivers to be available for house officers who are unable to care for dependents outside of normal childcare centers due to clinical responsibilities. An hourly rate as well as caregiver responsibilities will be negotiated between the house officer and the childcare provider.

For The Regents of
The University of Michigan

_______________________________
Michelle Sullivan
Date:

The University of Michigan House Officers Association

___________________________
Josh Glazer
Date:

___________________________
Michael Clery
Date:


MOU V. INFORMATION TECHNOLOGY

The University of Michigan and the HOA recognize the increasing need for information technology in the provision of patient care. Additionally, in the setting of changing duty hour requirements, both parties appreciate the importance of accessing IT resources outside the hospital. To this end, the Employer is committed to assuring appropriate internal and external access to and training for all necessary IT resources including, but not limited to the hardware, software, clinical information systems, pagers (and/or other appropriate communication device), E-mail and other applications and networking capabilities necessary to perform House Officer responsibilities. The LMC will be one mechanism by which technology issues will be addressed on an on-going basis.

The Employer will continue to provide an institutional site license available to House Officers for Up-to-Date, or an equivalent and mutually acceptable on-site, on-line data service. The HOA may submit alternative on-line consult services for consideration, via the Hospital’s Administrative Liaison to the House Officers Association.

There will be House Officer participation in the design, testing, implementation and training of information systems, which affect House Officers. To facilitate this effort, the HOA shall appoint an Information Technology liaison. This individual shall be recognized by the Employer as the primary House Officer spokesperson for information technology. He/she may either sit on or appoint representatives to serve on committees and will coordinate House Officer participation within the Medical Center.

For The Regents of
The University of Michigan

_______________________________
Michelle Sullivan
Date:

The University of Michigan House Officers Association

___________________________
Josh Glazer
Date:

___________________________
Michael Clery
Date:


MOU VI. ADDITIONAL SERVICE REQUIREMENTS

Changes in the health care industry impact The University of Michigan Hospitals and Health Centers and the House Officers who are employed under this agreement. The Employer recognizes that these changes may impact the House Officer’s workload and educational experience. Therefore, it is the intent of the Employer to:

  1. EnsureHouseOfficerrepresentationonResidencyPlanninggroups,education committees, and scheduling groups.
  2. Continue on-going communication regarding House Officer workload changes through the Labor Management Committee (LMC).
  3. Ensure that each department/section has a joint committee, with House officer representation, to plan work schedules, review clinical assignments, and discuss workloads.

For The Regents of
The University of Michigan

_______________________________
Michelle Sullivan
Date:

The University of Michigan House Officers Association

___________________________
Josh Glazer
Date:

___________________________
Michael Clery
Date:


MOU VII. INFORMATION TO PROSPECTIVE HOUSE OFFICERS

This confirms our understanding that the Employer will include the following statements in program descriptions given to prospective House Officers:

  1. House Officers may be assigned duties in ambulatory care and outreach clinics, or other similar institutions.
  2. The House Officers Association is the duly recognized bargaining representative for House Officers under this agreement.

For The Regents of
The University of Michigan

_______________________________
Michelle Sullivan
Date:

The University of Michigan House Officers Association

___________________________
Josh Glazer
Date:

___________________________
Michael Clery
Date:


MOU VIII. JOINT COMMISSION SURVEYS

This confirms our understanding that the House Officers Association will be notified in advance of accreditation surveys conducted by the Joint Commission. Such notice will be provided in writing on a timely basis.

For The Regents of
The University of Michigan

_______________________________
Michelle Sullivan
Date:

The University of Michigan House Officers Association

___________________________
Josh Glazer
Date:

___________________________
Michael Clery
Date:


MOU IX. CONTRACT COMPLIANCE

The Employer shall provide and distribute a summary of contract changes document within one (1) month of ratification of this Agreement. This summary of contract changes document will be distributed to: Department Chairs, Program Directors, Department Administrators, and House Officers.

Any dispute arising out of the interpretation or application of any contract changes, shall be subject to review and resolution through the complaint, grievance and arbitration procedure - Article XX of this Agreement.

For The Regents of
The University of Michigan

_______________________________
Michelle Sullivan
Date:

The University of Michigan House Officers Association

___________________________
Josh Glazer
Date:

___________________________
Michael Clery
Date:


MOU X. LABOR/MANAGEMENT COMMITTEE

The parties agree to convene meetings of a Labor/Management Committee (LMC) to facilitate a collaborative working relationship with regular communication and timely resolution of matters of mutual interest between the University and the HOA. Further, the LMC will permit the parties to leverage the expertise and insight of House Officers that is relevant to quality improvement across Michigan Medicine.

Participants:

  1. Director of Labor Relations
  2. President of the HOA or appointed representative
  3. House Officers: HOA Board members, or subset, will attend to represent HOA leadership. A standing membership of house officers may also include recognized members supported by each program and who are encouraged to attend. Such house officer members may be Chief Residents or their Designee who report directly to the HOA Board for idea submission, updates from meetings, etc.
  4. Nursing Management Representative
  5. HOA Contract Administrator
  6. Administrative Liaison to the HOA for Operations or equivalent
  7. HOA Facilities Coordinator(as needed)
  8. HOA Director
  9. OCA Representative
  10. GME Representative

LMC will focus on matters of mutual interest including, but are not limited to: implementation of the collective bargaining agreement, cost effective use of medical tests, procedures and commodities, quality improvement, and institutional compliance with all regulatory and statutory requirements.

If necessary, LMC will refer issues to appropriate standing committees for follow-up and resolution. When a standing committee is unable to address the issue in a timely manner, or does not believe it should pursue an issue, a small working group of LMC may process the issue and develop further data to be presented to the standing committee. In such a case, LMC can empower the work group via funding, support, etc. to complete the task to resolution.

When issues of mutual concern regarding House Officer education emerge, unless specifically addressed elsewhere, they are to be referred to the GME Committee or other appropriate forum. As these matters arise, LMC will work closely with GME to ensure that at least one of the HOA representatives on the GMEC can attend the GMEC. In addition, the HOA members of the GMEC will give a quarterly report at the GMEC meeting on issues discussed in LMC concerning House Officer education. In order to facilitate this process, at least one HOA representative from the GMEC will also participate in the LMC.

Meetings will meet bi-monthly at mutually convenient times and it may meet more frequently by mutual agreement. Special consideration will be given to House Officers schedules to promote attendance, which could include evening or early morning meetings in the hospital buildings.

In the event urgent or time-sensitive issues need to be addresses immediately or outside the regularly scheduled meetings, the Employer and HOA will mutually determine whether a special meeting should be called to address the issue. Every attempt to give advance notice for scheduling and attendance will be made.

The Director of Labor Relations or designee and the HOA President or designee will develop, approve, and distribute the agenda to attendees at least one (1) week in advance of a regularly scheduled LMC meeting. A clear description of the topic and summary of the state of the issue will be present on the agenda.

Attendees and guests will be contacted by the Director of Labor Relations or their designee.

Meeting minutes will be taken at each session by the HR contract administrator and saved to the LMC shared drive where they can be accessed by LMC members for review.

At the conclusion of discussion of each agenda topic, the parties will identify appropriate channels for communicating status reports and designate the party responsible for follow up.

Follow up should happen on a regular basis according to an agreed upon timeline.

When an issue is referred to an already established committee, the parties will designate the appropriate person to follow up and report back to LMC at the appropriate time.

In an effort to support follow up and resolution of issues, the Employer pledges $30,000 annually which can be distributed by mutual agreement of the HOA President and Director of Labor Relations. Unspent funds will not carry over from year to year. The Parties will re-evaluate this funding in conjunction with negotiations in 2020.

For The Regents of
The University of Michigan

_______________________________
Michelle Sullivan
Date:

The University of Michigan House Officers Association

___________________________
Josh Glazer
Date:

___________________________
Michael Clery
Date:


MOU XI. LACTATION SUPPORT

The Employer and the Association support providing the resources for continued breastfeeding upon return to work. Where spaces exist for faculty or staff for the primary purpose of expressing breast milk, House Officers will have access to those spaces for the purpose of expressing breast milk. A list and map of such spaces will be maintained on the Work/Life Resource Center website. If no such space exists within a five (5) minute walking distance to the House Officer's assigned work site, the Department for the House Officer's assigned rotation will make a reasonable effort to designate an appropriate temporary space for the purpose of expressing breast milk.

Any House Officer that will require use of lactation support services provided by the Employer will communicate their anticipated needs to their Program Director. All efforts will be made to provide reasonable break time for the House Officer to express breast milk for her nursing child for one year after the child's birth each time such employee has need to express the milk.

For The Regents of
The University of Michigan

_______________________________
Michelle Sullivan
Date:

The University of Michigan House Officers Association

___________________________
Josh Glazer
Date:

___________________________
Michael Clery
Date:


MOU XII. IN-STATE RESIDENCY STATUS

The parties recognize that the University of Michigan Regents solely determine guidelines for qualifying for in-state tuition for employees and dependents, which includes residence, attendance, and service. As it pertains to residence, the guidelines provide for circumstances that may demonstrate permanent Michigan residence. Presently, enrollment in a medical residency program is the circumstance that the guidelines indicate does not demonstrate permanent Michigan residence.

During the term of this agreement, the Employer and the HOA agree to create a joint workgroup to explore whether a change, or exception, in the University of Michigan Office of the Registrar's policy on residency requirements can be supported. This MOU shall sunset with the expiration of this collective bargaining agreement.

For The Regents of
The University of Michigan

_______________________________
Michelle Sullivan
Date:

The University of Michigan House Officers Association

___________________________
Josh Glazer
Date:

___________________________
Michael Clery
Date:


MOU XIII. TRANSPORTATION WHEN FATIGUED

The Employer is committed to providing safe transportation options for House Officers who may be too fatigued to safely return home when operating their own vehicle, although the expectation is that House Officers will utilize any available lodging for resting before returning home whenever possible. A free taxi service is available 24 hours a day, 7 days a week. To request a ride, call the Department of Public Safety at (734) 763-1131.

In addition, taxi/Uber/Lyft receipts shall be reimbursed under this circumstance. Reimbursements will be processed through the Concur System.

House Officers needing to return to the facility to retrieve their vehicles by taxi/Uber/Lyft shall also be reimbursed for the additional expense by their program. This reimbursement for a return trip to retrieve vehicles is limited to a fifteen (15) mile radius of the main medical campus. Reimbursements will be processed through the Concur System.

Use of this program is limited to six (6) times per academic year.

For The Regents of
The University of Michigan

_______________________________
Michelle Sullivan
Date:

The University of Michigan House Officers Association

___________________________
Josh Glazer
Date:

___________________________
Michael Clery
Date:


MOU XIV. WORK ENVIRONMENT

No later than thirty (30) days after the execution of collective bargaining agreement, the parties agree to initiate the following in coordination with the Administrative Liaison:

  1. Walkthrough of existing HOA-designated call rooms to determine whether repurposing of the space as multidisciplinary House Officer-specific workspace is feasible;
  2. If feasible space is identified, the Administrative Liaison will initiate the request for renovation;
  3. If no feasible space is identified, the Administrative Liaison and the Association will submit a joint request to the Space Needs Committee for the assignment of new space to be designated as multidisciplinary House Officer workspace.

In regards to future new inpatient tower(s) project(s), the Employer agrees to include House Officers, inclusive of one Association-appointed House Officer, on the appropriate planning committees that will be determined after the project(s) receive(s) Regential approval.

The Employer will endeavor to create multidisciplinary multipurpose work spaces specifically for House Officers in all clinical towers (exception: CVC, given proximity to the existing House Officer Lounge).

The parties agree that proximity to clinical responsibilities is an important consideration in the location of the multidisciplinary House Officer-specific work spaces.

Workstations and disposable supplies (paper, ink, etc.) for these multidisciplinary work spaces will be paid for or reimbursed by the University.

The Employer firmly commits to endeavor to secure these multidisciplinary work spaces for House Officers and advocate for them as described above.

For The Regents of
The University of Michigan

_______________________________
Michelle Sullivan
Date:

The University of Michigan House Officers Association

___________________________
Josh Glazer
Date:

___________________________
Michael Clery
Date:


APPENDIX A

House Officer Improper Work Duty Assignment Claim

  1. Today's Date
  2. House Officer Name (optional)
  3. Program Name
  4. House Officer Email
  5. House Officer Phone
  6. Name of Program Director notified of situation
  7. Date that Program Director was notified of the situation
  8. Date/Time of Occurrence
  9. Unit/Area where Occurrence took place
  10. Description of duties/tasks performed
  11. Suggested category of personnel that should be performing duties/task