Negotiations Update! November 13 & 14, 2023

9 & 10 Bargaining Sessions Completed

All proposals are available at Labor Relations – RNPA Negotiations
for your review!

Negotiations Update

RNPA and the County met twice this week, November 13th and November 14th

On November 13th, Chief Operating Officer Curtis O ‘Hayashi presented the County’s Workplace Violence Plan which consists of training/education, facilities enhancements and current technology which are all used as preventive measures to try and stop workplace violence from occurring.

The County’s Negotiations Team stated that they are unwilling to put Workplace Violence language in the MOU.

We discussed RNPA’s proposal to eliminate the County’s requirement to have nurses’ last names on their badges. The County stated that the BRN, Title 22, JACHO and Environmental Care all required the name of nurses visible on their badges.  RNPA’s attorneys will investigate this “said” legal requirement and we will get back to you. This was a concern of many nurses on the Negotiations Survey.

On November 13th the County submitted 7 counter proposals by article.  Please review the table for updates and go to the County website for the County’s Proposal or RNPA’s Proposal to review proposals in depth. The changes in the articles are not dated, but the most current changes are highlighted in yellow. It is difficult to determine changes because the County is submitting their counter proposals by articles rather than countering specific proposals.

The first proposal submitted on November 13th was a 1% increase to Appendix A -RNPA Salaries.  The proposal provided for 2% the first year (2023) of the MOU, 2% on October 28, 2024, and 2% on October 27, 2025.

On November 14th, we received three additional counter proposals and reviewed each submitted article. The County also provided the newly updated Leave of Absence Policy for RNPA’s review. Our next negotiations session will be Monday, November 20, 2023.

Please review the table below and the County’s complete proposals. Contact the RNPA Office (408)292-6061, if you have any questions. We will continue to work to get a fair contract.

For your review, click on either the County’s Proposal or RNPA’s Proposal as listed in each article as they are hyperlinks.

For your review, click on either the County’s Proposal or RNPA’s Proposal as listed in each article as they are hyperlinks.

Appendix A
RNPA Salaries
County’s Proposal

Effective Date Increase
Year 1 2%
Year 2 2%
Year 3 2%
Article 1
County’s Proposal

Memorialized Extra Help Classifications
Article 6
Personnel Actions
County’s Proposal
County Proposing CCL on 6.1, 6.2
6.3 – same language
6.4 – same language

Section 6.5 – Counseling and Unfavorable Reports
b. Unfavorable Reports on Performance or Conduct – Same language
RNPA’s Proposal 11/13/2023

Section 6.3 – Personnel Files
Defined types of files and access to files
Counter keeping a suspension in a nurse’s file to 3 years.
Create log so nurses know who goes in their files.
Article 7
Pay Practices
County’s Proposal
7.2 Basic Pay Plan -h) Longevity PayEliminated the word “step”.
Section 7.4 – Part Time Salaries
b) Benefits
Eliminated –“Beginning with the 1996 open enrollment period.”
Eliminated “…be reimbursed in the following pay period the additional pro-rated premiums consistent with any hours worked above their code status the previous month. This shall begin with changes coinciding with the 1996 open enrollment period.”
Section 7.6 – Paychecks
Same language
Section 7.7 – Automatic Check Deposit –         
Same language
Article 8
Hours of Work, Overtime, Premium Pay
County’s Proposal

Section 8.1 – Hours of Work
Clarify daylight savings hours.

Section 8.2 –Overtime Work
County proposed dropping proposed language– “Only time actually worked shall count for purposes of overtime and the overtime base period. Time for which pay is received but not worked such as vacation, sick leave, and authorized compensatory time off, will not count for the purposes of overtime or the overtime base period.”
b) Rate of Pay
New language, “When authorized by the County Executive, the appointment authority may offer compensatory time in lieu of overtime pay in its discretion.”
8.3 – Meal PeriodsNew language “for Nurses not covered by Section 8.5”
8.4 – Rest Periods New language “for Nurses not covered by Section 8.5”
Section 8.5Combined Meal Periods and Rest Breaks for Covered Nurses – Proposed all new language-
RNPA concerns:
•Eliminates penalty pay for ANM, NPs and CRNAs.  

Section 8.12 – Weekend Off Provision County wants to eliminate 26th and Third Weekend Pay.
New Language: 8.13 – Weekend Shift Differential on Section 8.12 and 8.13 are tied. A rejection of one is a rejection of both. An acceptance of one is an acceptance of both. This means in order to increase the shift differential to $6.25 per hour RNPA must agree to eliminate 26 and 3rd weekend pay.
Section 8.14  – Float DifferentialNew language  Memorializing  new areas and unit name changes.
Section 8.15 – Nurse Assignment to Temporary Work Location
New language: “A nurse may be assigned to work at a temporary work location due to operational need a any healthcare delivery location different from the nurse’s regularly assigned work location. Travel time will only be paid for travel between work locations, but only when the nurse is assigned to report to the regular work location before or after reporting to the temporary work location. “
“The County assumes no mileage pay obligation to the nurse who for self-convenience voluntarily reports to a work location other than the regularly assigned work location. “
New language: “The County will endeavor to ask for volunteers when operationally feasible prior to making such assignments.”
Section 8.17 – Detention Service Premium and Critical Care Differential
New language in a) “Detention Services Premium shall only apply to”, language eliminated was, “The workplaces covered and included in this Section are.”
Section 8.18 – Alternate Work Schedules
Same language 
Article 9 – Paid Time OffCounty’s Proposal

Section 9.2 – _ Paid Time Off  Accrual added new accrual factors to reflect Juneteenth Holiday

Section 9.3 – Pre-Scheduled Usage Eliminated “ accordance to Nursing Standards,” added, “unless prohibited.”
Section 9.7 – Annual PTO Cash-Out Added  new language, “Employees may request cash out up to (80) PTO hours during the calendar year in which the PTO hours earned, paid out at the employee’s current pay rate exclusive of any premium pays or differentials, but to do so, employees must make an irrevocable election in November of the preceding calendar year of the number of hours to cash out in the upcoming calendar year. An employee’s failure to elect a specific cash out amount in November for the following year shall preclude the employee from cashing out any PTO hours. Employees may elect to receive payment of the elected hours at any time during the calendar year for which the election was made, but only after the PTO hours are accrued.  Hours that have been elected for cash out, that remain uncashed by the pay period 25 of the payroll calendar year will be cashed out to the employee by the Controller’s Office in pay period 25 of the payroll calendar year. “
Article 10- Sick Leave Provisions
County’s Proposal

Article 10 – Sick Leave Provisions
Section 10.5 Sick Leave Bank Pay Off New language Changes pay off from days to hours.
Sixty days was changed to 480 hours throughout the section.
Article 11- LeaveCounty’s Proposal

Section 11.1, 11.2 same language
Section 11.3 – Leave to Perform Jury Duty or to Respond to a Subpoena
New language, “…including when the nurse is required to appear for jury duty and is not selected.” Clarifies who is eligible for pay.  
All other language is same as last proposal.
Article 13 – Benefits ProgramsCounty’s Proposal

Section 13.1, 13.2, 13.3 no change from last proposal
Section 13.4 – Training for Nurses with Disabilities
Eliminated language and added: “Injured workers may be entitled to supplemental job displacement benefits, if any, subject to California Workers Compensation law. This Agreement does not address, change, or otherwise impact California Compensation law. “
Article 16 – Grievance ProcedureRNPA’s Proposal 11/13/2023

Added two new arbitrators on arbitrator panel
Article 18 – Nursing Practice IssuesCounty’s Proposal

Section 18.1, 18.2, 18.3, 18.4, 18.6 no changes.
18.5 – Staff Meetings New language, “…except in cases of emergency or unforeseen circumstances.”
Section 18.7 – Advanced Practice Professional Performance Committee, changed “SCVHHS to CSCHS.”
Section 18.8 – Custody Health Services Professional Performance Committee, changed, “Director of CHS to Nursing, Custody Health Services, or designee.”
Section 18.12 – Staffing – County is interested in having conversation to revamp or improve the committee. Also interested in discussing resolution of disputes with an appropriate third party.

In Solidarity,

The RNPA Board of Directors
Registered Nurses Professional Association
950 S. Bascom Avenue, Suite 2120
San Jose, CA 95128

P: (408) 292-6061
F: (408) 292-4729
[email protected]