9/26 Vaccine Mandate Bargaining

On September 24, Kaleida Administration attempted to overreach during effects bargaining to strip away your rights under the CBA

On September 24th, three days before the vaccine mandate goes into effect, Kaleida Administration met with the unions to discuss effects bargaining for our members. Kaleida Administration has been aware of this mandate since August 17th. Effects bargaining is bargaining done to negotiate the impact of the mandate on both our unvaccinated members and our members who will be coming to work in buildings with reduced staff following the mandate deadline. Multiple sessions have happened in the recent weeks and countless hours spent waiting for answers or a reply from Kaleida Administration.

Despite the narrow purpose of effects bargaining, Kaleida Administration attempted to overreach and rewrite our contract to take away your rights under the Collective Bargaining Agreement. First, Kaleida Administration proposed suspending the ability to utilize your Personal Leave days and to schedule Paid Time Off for 30 days to make up for their staffing shortcomings. Kaleida Administration also proposed to suspend all union time for 30 days, as well as all contractual committee meetings where your rights are protected with the employer. The unions agreed to forego union leave during the first surge of the pandemic in the interest of cooperation and the greater good. Our members were then “rewarded” by Kaleida Administration for their sacrifice with stacked disciplines when the MOU expired. 

The “carrot” to go with this proverbial “stick” is a convoluted staffing incentive proposal that includes a 10% bonus for members that agree to work an extra shift each week for four weeks. An extra shift that Kaleida Management has full control of scheduling. However, this bonus would not be paid out if an employee uses a call-in during the four-week period. This overly complicated incentive benefits higher wage earners over lower wage earners, there is already existing bonus language in the contract that management refuses to utilize. 

In summary: It would only apply to those who agree to work four extra shifts a month without calling in to receive the 10% bonus. Others would get nothing but still be subjected to losing the ability to schedule PTO and PL for at least 30 days. 

Kaleida also proposed the following contract changes that would negate all other normal work rules for us. These included:

  • Reassignment to other Kaleida sites for unspecified durations
  • Floating in a much different manner than outlined in our contract
  • Expediting job bidding / transfers with a 24-hour period for bidding and fast tracking to external postings bypassing internal bidders with seniority
  • Changing posted schedules using the “emergency language” for an emergency they knew was upon us.

We rejected management’s attempts to unnecessarily open parts of our contract that are not relevant to the effects of the mandate. Since our initial information request and demand to bargain on August 26, we have been ready and willing to meet with Kaleida Administration to collaborate on a fair and equitable MOU for our members. Kaleida Administration has instead chosen to wait until the last minute and present unrealistic proposals.

In addition, CWA continually raised the issue of the Flint Road Labs not being included in the mandate. Repeatedly we asked for documentation supporting their decision, but Kaleida maintains their position that those without patient interaction working at Flint Road would not need to adhere to the mandate.

We will continue to be transparent with you if Kaleida wishes to continue discussions in order to obtain a resolution that is in the best interest of our members.

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