Work of the Bargaining Unit (a) In order to protect the standard of nursing care, the Employer shall not contract out the work normally performed by members of this bargaining unit except:
Bargaining Unit The term "bargaining unit" as used in this Agreement refers to the bargaining unit defined in Article 1, Recognition.
Single Bargaining Unit The parties to this Agreement, along with all those employees whose employment is governed by this Agreement, constitute a single bargaining unit for the purposes of negotiating and implementing the terms of this Agreement. The form and operation of this single bargaining unit will be subject to this Agreement.
Transfer outside of the Bargaining Unit (a) A nurse who is transferred to a position outside of the bargaining unit for a period of not more than three (3) months, or is seconded to teach for an academic year shall not suffer any loss of seniority, service or benefits. A nurse who is transferred to a position outside of the bargaining unit for a period of more than three (3) months, but not more than one (1) year shall retain, but not accumulate, her or his seniority held at the time of the transfer. In the event the nurse is returned to a position in the bargaining unit, she or he shall be credited with seniority held at the time of transfer and resume accumulation from the date of her or his return to the bargaining unit. A nurse must remain in the bargaining unit for a period of at least three
Integrity of the Bargaining Unit Unless otherwise provided by law, the Employer recognizes the integrity of the bargaining unit and will act consistently with the current statutory policy to use State employees to perform all State functions in State operated facilities in preference to contracting out with the private sector. In the event the Employer proposes to use non-bargaining unit individuals to displace continuing bargaining unit positions, it will provide the Union with notice at the earliest opportunity, but normally at least sixty (60) days in advance. Supervisors will not be assigned posts for the purpose of limiting overtime opportunities for bargaining unit employees except when fiscal or operational exigencies necessitate. If a proposed contract with a private vendor to provide services in a State operated facility is not exempt under any of the specific exemptions provided in law, the contract may only be presented to the Board of Public Works for approval if: (1) the contracting agency has provided DBM with an analysis of the cost of the contract that shows that it will save the State at least $200,000 or 20% of the value of the contract, whichever is less; and (2) DBM finds that the economic advantage of the contract is not outweighed by the preference to use State employees to perform all State functions in State operated facilities. At least 60 days before issuing a solicitation for a nonexempt service contract to provide services in a State operated facility a State agency must notify the Union of the nature of the work to be performed, the contracting procedures and timetables, and the rights of State employees as provided by law.
EXCLUSIONS FROM THE BARGAINING UNIT 1. Any position that is currently included in the bargaining unit may not be excluded from the bargaining unit without the agreement of the parties.
