You are invited to vote in the ESC Local 20, IFPTE – Sutter Walk in APC’s NLRB Settlement Vote.
The voting deadline is May 20 2022 9:00am Pacific Time (US & Canada).
We are using an online election system to tabulate our votes. You have been assigned a unique access key which can only be used to vote once and your voting choices will remain anonymous. Do not forward this email. Do not reply to this email to vote, as your vote will not be registered.
If you have election questions, feedback or want to be removed from future ballot lists, please email ESC Local 20 at esc@nullifpte20.org.
Please see summary of a settlement agreement for the APC’s walk in care bargaining unit that we submit to you for ratification. The majority of the bargaining unit attended a meeting late last night to discuss this settlement agreement. Improvements have been made to the terms that are favorable to the APCs since last night’s meeting. We hope that the final settlement will meet with your approval.
Summary
· The Union agrees to settle current NLRB complaints and charges regarding hours of operation, holidays, failure to provide wage increases, and threatening statements in the employer’s decert flyer.
o This would mean cancelation of the NLRB hearing scheduled for Monday, May 23 and
o The NLRB will not have an opportunity to force Sutter to open the clinic for twelve-hour shifts and
o We would forgo the remedy that is being sought by the NLRB of back pay for the difference in FTE that APC’s are working now compared to last year.
· APC’s who resigned from Walk-In-Care after November 1, 2021 shall receive a $2,000 lump sum bonus.
· Walk-in-Care APC’s actively employed at any point between the signing of this settlement and May 22, 2022 will win the same raises as management-represented workers in 2021 (prospectively and retro to July 18, 2021).
o The retro-active raises shall be in the form of taxable wages and shall include 3% statutory interest to compensate for lower 403b contributions last year. Under tax law it is impossible to contribute money to your 2021 accounts.
o APC’s shall receive the 2021 3% market raise
o Plus the 2021 merit increase as below
§ 0%- for new hire (no eval or merit raise for the 2021 year for those hired before Oct 2020)
§ 1% Strong Performer
§ 2% Exceeds Expectations
· APC’s will win the same merit and market raises as management-represented workers in 2022. Management will provide the union with enough information for us to verify. It is Sutter’s policy that merit raises are given to workers who are hired on or before October of the prior year, so workers hired before October 2021 will be eligible for 2022 merit raises
· The settlement just covers 2021 and 2022 raises. If we still do not have a contract next Spring we will negotiate the next raise in contract negotiations.
· Employer has provided outstanding information that has been requested
· Until the APCs contract is negotiated APC’s will get the same medical, vision, dental and disability benefits as management-represented Employees which. This agreement supersedes the status quo obligation on these particular benefits only. Management will provide enough information for us to verify.
· The Union, in consultation with the APC’s, can chose from the following policy options for holidays until we negotiate a new contract.
o Open clinics for 6 hours, but pay APC’s for 8 hours
o OR stay closed, but APC’s use PTO
· Anyone who left the job after November 2021 will get an offer by seniority to fill future openings for next 12 months
· The Union, in consultation with the APC’s bargaining committee, will choose from the following release time policy options:
● temporarily reducing their FTE until negotiations are finished
● meeting for negotiations before and after work
● using PTO for negotiations
● or all bargaining team members can be scheduled the same day off and bargain on their day off.
The NLRB estimates that the remedy if we win the trial could be worth $500K for losses incurred by the APC’s from 1/1/22 to present day and more going forward until the company settles.
The NLRB estimates that the settlement is worth $637K including this year and next assuming the management represented increase is similar to last year. The higher wage rate also continues going forward indefinitely.
We feel good about our chances of winning the NLRB case next week. However, there are always risks involved in legal cases including the risk that we could lose outright and the risk that cases sometimes take years to conclude, especially if either party appeals the decision(s). Therefore, ESC Local 20 is recommending a Yes vote on this settlement offer.
