Tag Archives: United Food & Commercial Workers Local 141

What is Just Cause?

Did the employer, before administering guidance to an employee

 

What is Just Cause?

Without a union, employees are “at will” employees, meaning they can be fired without just cause. Working under a union contract changes that, giving people workplace rights. But what, exactly, is just cause? Answering “No” to any of these  questions normally means the employer does not have just and proper cause.

Did the employer provide forewarning?

Was the employee given forewarning or foreknowledge of the possible or probable disciplinary consequences of their conduct? The warning may be given orally or in printed form. An exception may be made for certain conduct (I.e., insubordination, coming to work chemically impared, drinking on the job, or stealing company property).

Was it a reasonable rule?   

Was the employer’s rule or managerial order reasonably related to (a) the orderly, efficient, and safe operation of the company’s business, and (b) the performance that the employer might properly expect of the employee?

Did the employer investigate? 

Did the employer, before administering guidance to an employee, make an effort to discover whether the employee did, in fact, violate or disobey a rule or order of management? The investigation normally should be made before the decision to discipline is made. However, there are immediate action is required, the best course of action is to suspend the employee pending investigation with the understanding that the worker will be reinstated and paid for lost time if there is no basis for punishment.

What is Just Cause?

Was the investigation fair?

Was the company’s investigation conducted fairly and objectively?

Did the “judge” find proof?

At the investigation, did the “judge” obtain substantial evidence or proof that the employee was guilty as charged? It is not required that the evidence be conclusive or “beyond a reasonable doubt,” except where the alleged misconduct is of such criminal or reprehensible nature as to stigmatize the employee and seriously impair their chances for future employment.

Are all employees being treated fairly?

Has the company applied its rules, orders, and penalties evenhandedly and without discrimination to all employees? If enforcement has been lax in the past, management can’t suddenly reverse its course and begin cracking down without first warning employees of its intent.

Is the penalty appropriate?

Was the degree of discipline administered by the company reasonably related to (a) the seriousness of the employee’s proven offense, and (b) the record of the employee in his/her service with the company? If the employee A’s past record is significantly better than Employee B’s, the company may properly punish Employee A more lightly than Employee B for the same offense.

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Grievance Procedure

Failure to report violations means we can’t defend you and may result in loss of your workplace rights

 

Grievance Procedure

Every contract negotiated by UFCW 141 includes a grievance procedure for addressing contract violations as they arise. The procedure is negotiated by individual bargaining units and varies according to their unique needs. They share similarities and differences, and are legally binding.

All include a time frame for which to file a grievance. Also included is a contractually binding number of steps and definitions of those steps. Therefore, it is crucial that an employee promptly file a grievance when he or she discovers that a contract violation has occurred. If a grievance is not filed within the time frame contained in the contract, the grievance generally cannot be pursued.

The procedure progresses through management and administration, and if no resolution is forthcoming, may include binding arbitration. The member is supported and may be accompanied by union representatives.

Your procedure is detailed in your contract. If you feel you have a grievance, consult your union representative at the Local 141 office. The office staff works closely with bargaining unit officers to provide the best possible representation.

All email is discoverable in court (if your grievance should reach that point) so to best ensure your privacy, we cannot risk accepting grievances by email. However, we would like to hear from you by phone or personal contact if you feel your contract has been violated.

Failure to report violations means we can’t defend you and may result in loss of your workplace rights. So that we can best represent you and your practice, let us know of unacceptable conditions in your facility. You are the union. Protect yourself by standing up for your rights.

Visit Here for more information on UFCW Union Plus Program .

UFCW UnionPlus Program

As UFCW Members, the people we represent are entitled to a number of benefits and special offers available only to Union Members across the nation and beyond.  Below is a selection of some of the offers available to members through the UnionPlus Program.  Check back regularly for updates and new offers.

UFCW UnionPlus Program


=Auto=


Goodyear

Save 10% on service – including sales prices – and 5% on tires at Goodyear Gemini Auto Service Centers.

Union Plus Car Rentals

Save up to 25% on car rentals with discounts from Avis, Budget & Hertz.

Avis 1-800-698-5685, ID# B723700
Budget 1-800-455-2848, ID# V816100
Hertz 1-800-654-2200, ID# 205666

Auto Buying Service

Save time and money when you buy a new or used car or truck.

1-866-437-2336

Union Plus Motor Club

Get emergency roadside assistance and locksmith services. All calls answered in the U.S.

1-800-454-8722

Hybrid Union-Made Car Rebate

Purchase a union-made, EPA-certified Green Vehicle through the Union Plus Auto Buying Service and automatically get a $200 rebate.

1-866-437-2336


=Travel & Entertainment=


Theme Park Discounts

Save at parks nationwide including Busch Gardens, SeaWorld, Six Flags, Universal Studios and more.

1-800-565-3712, ID# 744387769

Cruise Discounts

5% discount for union members on NCL America cruises in Hawaii. Even better discounts on selected staterooms and sailings.

1-866-867-0593

Worldwide Vacation Tours

Save $100 on discounted international travel packages and tours.

1-800-590-1104

Entertainment Discounts

Save on movie tickets and rentals, theme parks, theaters, sporting events and more.

1-800-565-3712, ID# 744387769

Movie Ticket Discounts

Save 25% to 46% off the box office price by purchasing movie tickets in advance. Or enjoy save up to 33% on Blockbuster® movie rentals.

1-800-565-3712, ID# 744387769

Union Plus Travel Center

Your one stop for savings on airfares, hotels, car rentals, cruises, worldwide tours, condo rentals and more.


=Home & Discounts=


AT&T Wireless Discounts

Save 15% off monthly wireless service from AT&T, the only nationwide unionized wireless company.

1-800-897-7046, FAN #3508840

Home Heating Oil

Save an average of $200-$300 a year on home heating oil.

1-800-660-0691

Flowers

Save 20% when you send flowers, gifts or plants.

Items are hand-delivered by local florists.

1-888-667-7779

Gift Certificate Discounts

Enjoy the convenience of buying multiple gift cards all in one location and free shipping from some of America’s most popular merchants.

1-800-565-3712, ID# 744387769

Moving Discount

Preferred moving discounts with Allied Van Lines and North American Van Lines.

1-800-593-2526

Pet Savings

Save 25% on veterinarian services, pet supplies and more.

1-888-789-PETS (1-888-789-7387)

Heating Oil Rebate

If you participate in the Union Plus Home Heating Oil Program, get a $100 rebate with the purchase of new energy efficient heating oil equipment.

1-800-660-0691

Clothing Discounts

Buy union-made apparel and save 5% to 10% on everything you buy.

Justice Clothing Co. 1-888-661-0620
All American Clothing 1-888-937-8009, Code: UnionPlus

Home Energy Savings

Receive $100 for every $400 spent with your UnionPlus Credit Card on the cost of making home energy upgrades, up to the lifetime limit of $500.

Mortgage

A mortgage program to help you and your children buy a home. Unique benefit helps make mortgage payments if you’re out of work.

1-800-848-6466
Budget Truck Rental

Save 20% off truck rentals from Budget.

1-800-561-1157
BART # 56000127763
HVAC Rebates

Get a $50 rebate when you use your Union Plus Credit Card to purchase an annual maintenance agreement with a union HVAC contractor.

Powell’s Online Bookstore

This unionized online bookstore offers affordable used and new books.

Dell Discounts

Save 10-30% on Dell laptops and desktops.

1-877-882-3355, ID# PS16626766

=Money & Insurance=


Credit Card

Union-backed credit card with competitive rates and assistance for members facing job loss, recent disability, large hospital bills.

1-800-522-4000
Union-Made Checks

Union-printed checks and labels that feature your union logo.

1-888-864-6625

Pet Insurance

Save up to 15% on pet health insurance premiums.

1-866-473-7387
Auto Insurance

Save with competitive group rates. Features driver’s training grants and payment deferments during strikes.

1-800-294-9496

Credit Score Discounts

Learn your FICO credit score and get help improving it.

Consumer Credit & Budget Counseling

Get free, confidential budget and credit counseling, and no-cost debt management assistance from certified counselors.

1-877-833-1745

Online Tax Service

Save up to 15% on online tax preparation with TurboTax.

Secured Credit Card

Establish or rebuild your credit history with this secured credit card.

1-800-651-5108


=Health=


 

Eldercare Services

Save on the rising costs of eldercare services.

1-866-570-8588

Health Club

Pre-negotiated 15% to 30% discounts on monthly fees at over 10,000 health clubs nationwide.

1-888-294-1500

Consumer Reports Health Online Discount

Save 30% on an annual subscription to ConsumerReportsHealth.org.

Health Savings

Helps cut out-of-pocket costs on prescriptions, dental, vision, hearing, physician and hospital care for the whole family.

1-877-570-4845
=Legal & Education=


Legal Service

Speak to a lawyer free about any legal question or problem. Free document review and 30% off additional services.

1-888-993-8886
Consumer Reports Online Discount

Save 27% on an annual subscription to ConsumerReports.org.

Union Plus Scholarship

Awards $150,000 annually to members and their families pursuing higher education.

National Labor College Scholarship

Awards $25,000 annually to those enrolling in the National Labor College.

Union SAFE

Grant money and advice to help union members facing financial hardship.

National Labor College Green Scholarship

Scholarships for union members enrolled in the NLC’s Green Workplace Representatives Certificate program.

College Test Prep Discounts

Save 15-60% on college test prep course with The Princeton Review.

 

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Core Elements of a Hospital Comprehensive

Core Elements of a Hospital Comprehensive Influenza Policy

 

Core Elements of a Hospital Comprehensive

We are committed to the health and safety of the nurses, health care workers, patients and the communities they serve. Because of this commitment, we strongly recommend that all nurses, health care providers and other hospital personnel be vaccinated against all influenza viruses and support voluntary efforts that aim for 100% vaccination rates.

We also believe that any vaccination policy is only one component of a comprehensive influenza prevention policy. Here are the core components of a comprehensive influenza policy that we believe must be included in any influenza policy adopted by hospitals in Washington State:

  1. Voluntary efforts that aim for 100% vaccination rates, including annual education and implementation of comprehensive influenza vaccination programs for all health care providers.
  2. Employers must ensure that influenza vaccines are available and offered to every health care worker annually at convenient times and locations.
  3. Employers must ensure that appropriate protection and safety measures are in place to provide a safe workplace environment for nurses and health care workers including following the Centers for Disease Control (CDC) and Occupational Health and Safety Administration (OSHA) requirements for influenza prevention and hierarchy of controls.
  4. Masking policies must follow CDC guidelines for all workers, not just those unvaccinated (currently required when within 6 feet of patients) and not be used as a retaliation or punishment for unvaccinated workers.
  5. If a declination form is required for vaccination, the employee must be able to sign the form confidentially; that is, the health care worker must not be required to divulge personal health information or declare the reason(s) for refusal of a vaccine. The employer must not discriminate against or discipline a nurse or health care worker for opting out.
  6. The employer must not discriminate against or discipline nurses or health care workers for the appropriate use of sick time due to influenza.

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Unsafe Staffing

Liability is always shared between the staff nurse and supervisor

Unsafe Staffing

A situation in which a registered nurse is unable to provide quality care to his/her patients/clients. An understaffed unit is an incident.

Any time the floor or unit is understaffed, you have a duty to make that known. Use an Incident Report/ Quality Assurance form and/or the Staffing Assignment Report. An understaffed unit is an area of liability, a risk that needs to be brought to the attention of the manager.

From a liability perspective, you need documentation that each level of the organization was aware of staffing difficulties.

  • Tell your supervisor or nurse manager.
  • Make copies for yourself and the Local 141 representative.
  • Give a copy to your manager or risk management..
  • Send a copy to Local 141.

We then notify Nursing Administration. This is the only proof that you recognized and reported a potentially dangerous situation to the hospital administrator who is responsible for solving it. If it’s not documented, it didn’t happen.

Unsafe Staffing

Staff Nurse Liability:

  • Liability is always shared between the staff nurse and supervisor.
  • When working on understaffed units, you do face an increased possibility of liability.
  • Floating to an area with which you are unfamiliar will incur a higher risk of liability.
  • Much of your liability depends on whether or not you prioritize your tasks appropriately.

Supervisor Liability

  • Supervisors will share liability for patient injuries.
  • They also share liability if they knowingly float individuals to areas outside their competency.
  • Supervisors have a duty to help understaffed units by obtaining additional staff, pitching in to help, and they should make frequent visits to understaffed units.
  • All nurses, whether supervisory or not, need to be careful and cognizant that they will remain liable for all tasks attempted, completed, and omitted.

Institutional Liability

  • The hospital remains liable for the behavior of it’s employees

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