Agreement
Between
The Trustees Of Columbia University
In the City of New York
and
The Columbia University Affiliate
at Harlem Hospital
and
United Doctors Association
Harlem Hospital Center
Affiliated with Doctors Council
February 1, 1996 to June 30, 1999
Table Of Contents
I Recognition XVII University Spending Account II Association Security XVIII Administrative Responsibilities III Check Off XIX Salaries IV No Discrimination XX Vacations V Grievance Procedure XXI Holydays VI Discharge XXII Unpaid Leaves VII No Strike Or Lockout XXIII Continuing Education VIII Bulletin Boards XXIV Lay-Off Allowance/Reduction In % Effort IX Fringe Benefits XXV Resignation/Requests For Reduction In % Effort X Group Life Insurance XXVI Assignment Of Contract XI Total Disability Benefits Plan XXVII Management Rights XII Pension Plan (TIAA AND CREF) XXVIII Effect Of Legislation - Separability XIII Medical Insurance XXIX Duration Of Contract XIV Tuition Exemption Letter Of Agreement XV Dental Insurance Exhibit A XVI Affiliation Committee Meetings Exhibit B Exhibit C
This AGREEMENT made as of this 1st day of February 1996 between COLUMBIA UNIVERSITY AFFILIATE at Harlem Hospital Center, located at 135th Street and Lenox Avenue, New York, New York, 10037, hereinafter referred to as the "Affiliate" or "Hospital" and the UNITED DOCTORS ASSOCIATION, Harlem Hospital Center, Affiliated with Doctors Council, hereinafter referred to as the "Association".
The Parties agree as follows:
WHEREAS, the parties hereto desire to establish the standards and conditions of employment under which the professional staff, hereinafter referred to as the "Staff", shall work at the Affiliate during the term of this Agreement; and
WHEREAS, it is the intent and purpose of the parties hereto that this Agreement promote and improve the mutual interests of the patients, the Affiliate and its staff and to set forth herein their agreement covering rates of pay, hours of work and conditions of employment.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, the parties agree as follows:
ARTICLE 1 - RECOGNITION
ARTICLE 2 - ASSOCIATION SECURITY
ARTICLE 3 - CHECK OFF
ARTICLE 4 - NO DISCRIMINATION
Neither the Affiliate nor the Association shall discriminate against any staff member on account of race, color, creed, national origin, political belief, sex, age, citizenship, marital status, sexual orientation, or physical and/or mental disabilities except where such disabilities would prevent the accomplishment of the stated job duties despite reasonable accommodation.
ARTICLE 5 - GRIEVANCE PROCEDURE
ARTICLE 6 - DISCHARGE
The Affiliate agrees that it will not discharge any staff member except for just cause. This clause shall not be constructed as a waiver of the arbitration proceeding of this Agreement. The Association shall reserve the right to arbitrate any actions taken by the Affiliate in accordance with Article 5.
ARTICLE 7 - NO STRIKE OR LOCKOUT
During the term of this Agreement there shall be no strike, work stoppage, slowdown or lockout. Any staff member who participates in any strike, work stoppage or slowdown shall be subject to discharge by the Affiliate, which discharge shall be subject to arbitration procedures set forth herein.
ARTICLE 8 - BULLETIN BOARDS
The Affiliate shall provide bulletin boards which shall be used for the purpose of posting proper Association notices. Such bulletin boards shall be placed conspicuously and at places readily accessible to staff members in the course of their employment.
ARTICLE 9 - FRINGE BENEFITS
The Affiliate agrees to extend existing fringe benefits to all members of the Association who receive compensation through the University for fifty percent (50%) or more of their effort. To facilitate the administration of such benefits, the Affiliate will include hospital attending titles in addition to academic titles to assure continuity of clerical procedures and job description.
ARTICLE 10 - GROUP LIFE INSURANCE
The Group Life Insurance Plan, which shall be considered a part of this Agreement, the same as if written herein, is contained in the publication Working at Columbia.
ARTICLE 11 - TOTAL DISABILITY BENEFITS PLAN
The Long Term Disability Plan, which shall be considered a part of this Agreement, the same as if written herein, is contained in the publication Working at Columbia.
ARTICLE 12 - PENSION PLAN (TIAA AND CREF)
Employees will continue to be covered by the Pension and Annuity Agreement as heretofore except as modified below:
Effective July 1, 1997, bargaining unit employees hired after June 30, 1997 who attain age 40 or older and with five (5) years of service or tenure will receive Columbia Pension contributions of seven and one-half percent (7-1/2%) for compensation below the social security wage base and twelve and one-half percent (12-1/2%) for compensation above the wage base.
Effective July 1, 1997, bargaining unit employees hired after June 30, 1997 who attain the age of 55 or older and with fifteen (15) years service will receive Columbia Pension contributions of twelve and one-half percent (12-1/2%) below the social security wage base and seventeen and one-half percent (17-1/2%) above the wage base.
ARTICLE 13 - MEDICAL INSURANCE
ARTICLE 14 - TUITION EXEMPTION
Tuition Exemption benefits remain as heretofore except that for spouse of employees hired on or after August 1, 1988, there will be a cap of seven points per semester for matriculated graduate students. For graduate student children of employees hired on or after August 1, 1988, there will be a 5% tuition exemption for each year the employee has been employed to 10 years or maximum of fifty percent (50%) of tuition exemption.
ARTICLE 15 - DENTAL INSURANCE
The Affiliate shall provide the GHI MI Plan with orthodontics known during 1987 negotiations as Dental Plan B to all covered employees who elect the participate, provided each such employee agrees to pay one-half (1/2) the premium cost therefore either for single or family coverage.
ARTICLE 16 - AFFILIATION COMMITTEE MEETINGS
As per the By-Laws of the Faculty Practice Plan, there shall be three representatives of UDA with voting rights of the Board of the Columbia University Harlem Faculty Practice plan.
Review Faculty Practice collections and make recommendations by November 1997. To that end, the Committee may want to consider the following options:
ARTICLE 17 - UNIVERSITY SPENDING ACCOUNT
UDA members are eligible to enroll in the University Spending Account Program.
ARTICLE 18 - ADMINISTRATIVE RESPONSIBILITIES
Such changes shall include, without limiting the generality of the foregoing, days and/or hours of work, shifts, days off, on-call times, locations of work, etc.
The Director of Service and the staff should attempt to reach a mutually-satisfactory arrangement and said proposed changes may be implemented as agreed.
If no mutually-satisfactory arrangement is made, the matter shall be referred to the Union and the Medical Director, for further decision. If the matter is still not resolved after such meetings, the changes shall be implemented subject only to the principles of optimum patient care and fairness to staff. The foregoing shall be subject to Article 5.
ARTICLE 19 - SALARIES
February 1, 1996 July 1, 1997 July 1, 1998 Level I* $ 87,058 $ 82,705 $ 78,352 Level II* $ 91,412 $ 86,841 $ 82,271 Level III** $ 95,766 $ 90,978 $ 86,189 Level IV** $100,660 $ 95,627 $ 90,594 Level V*** $105,560 $100,282 $ 95,004 * Assistant Attending
**Associate Attending
***Attending
Effective July 1, 1997, each member of the bargaining unit will be eligible to earn a Department Incentive that will range from 0 to 6% of that individual’s FY97 salary rate. The incentive will depend on the clinical workload of the member’s department, or pro rated if the member belongs to more than one department. Workload shall be measured in visit equivalents following the methodology used in the CU-HHC contract for the calculation of visit equivalents. The amount of payment shall be pro-rated on linear basis from 90% to 130% of the FY 95 Department workload. For example, if the FY 98 Departmental workload for Anesthesiology is 56,014 visit equivalents (the same as the FY 95 level) then each member of that Department will receive a 1.5% Departmental Incentive payment based on his/her FY97 salary rate. See Exhibit A.
Certification / Qualification
Experience
Clinical Performance
Departmental Responsibilities
Scholarly Productivity
Teaching
Hospital Activities
Length of service
Satisfaction of Time Requirements
Performance Evaluations
Performance of Medical Record Documentation
ARTICLE 20 - VACATIONS
| LENGTH OF SERVICE |
EARNED VACATION RATE MAXIMUM ALLOWANCE |
| Date of Hire to 20 years of service |
2 days per completed month up to 23 days |
| Twenty (20) years or more service |
2 & ½ days per completed month of up to 28 days |
ARTICLE 21 - HOLIDAYS
New Year’s Day
Dr. Martin Luther King, Jr.'s Birthday
Lincoln's Birthday*
Washington's Birthday
Memorial Day
Independence DayLabor Day
Columbus DayElection Day
Veteran’s Day
Thanksgiving Day
Christmas Day* Lincoln’s Birthday will be considered a "floating holiday."
ARTICLE 22 - UNPAID LEAVES
Staff members shall be entitled to the following leaves:
Maternity shall be treated just as any other non-occupational disability circumstances and shall not exceed six months in duration. Medical expenses incurred during pregnancy and maternity shall be covered for all eligible staff members under the Aetna Medical Plan as would any other disability.
A staff member may be granted a leave of absence without pay, not to exceed six months. Such leaves require the prior approval of the Director of Service, the Medical Director and the Vice President for Personnel Management or their designees. Such leaves may be granted for, but not limited to, the following: illness in the family, education, or compelling personal needs. The University reserves the right to require written substantiation of the conditions prompting the need for such a leave of absence. A staff member who has been granted a leave of absence for personal reasons must be returned to the same position upon completion of the leave or to a position of equivalent rank and salary.
ARTICLE 23 - CONTINUING EDUCATION
| % OF EFFORT | NO PAPERS PRESENTED | PAPERS PRESENTED |
| 0-49% | None | None |
| 50-59% |
10 days |
10 days and $2,750. Maximum for Documented Expenses |
| 60% or more |
10 days and $2,500. Maximum for Documented Expenses |
10 days and $2,750. Maximum for Documented Expenses |
ARTICLE 24 - LAYOFF ALLOWANCE AND
REDUCTION IN PERCENTAGE OF EFFORT
ARTICLE 25 - RESIGNATION AND REQUESTS
FOR REDUCTION IN PERCENTAGE OF EFFORT
ARTICLE 26 - ASSIGNMENT OF CONTRACT
This Agreement shall be binding on all the parties hereto, their legal representatives, assignees and successors in interest and shall survive changes of name or reorganization.
ARTICLE 27 - MANAGEMENT RIGHTS
Except as in this Agreement otherwise provided, the Affiliation retains the exclusive rights that are ordinary and customary functions of management. None of these rights shall be exercised in a capricious or arbitrary manner, and they shall remain subject to the grievance procedure.
ARTICLE 28 - EFFECT OF LEGISLATION - SEPARABILITY
It is understood and agreed that all agreements herein are subject to all applicable laws now or hereafter in effect; and to the lawful regulations, rulings and orders of regulatory commissions or agencies having jurisdiction. If any provision of this Agreement is in contravention of the law or regulations of the United States or of the State of New York, such provision shall be superseded by the appropriate provision of such law or regulation, so long as the same is in force and effect; but all other provisions of this Agreement shall continue in full force and effect.
ARTICLE 29 - DURATION OF CONTRACT
This Agreement shall be effective February 1, 1996 and shall continue in full force and effect until June 30, 1999.
|
FOR THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, HARLEM HOSPITAL AFFILIATION: |
FOR THE UNITED DOCTORS ASSOCIATION OF HARLEM HOSPITAL CENTER, AFFILIATED WITH DOCTORS COUNCIL: |
|
Edward Healton, MD |
Herman Anderson, MD |
|
Ellen P. Giesow |
Barry Liebowitz, MD |
| Gloria Whitley | |
|
Colleen Crooker |
LETTER OF AGREEMENT
This letter of Agreement is issued simultaneously with the execution of the Collective Bargaining Agreement between Columbia University’s Affiliate at Harlem Hospital Center and United Doctors Association.
It is our mutual understanding that in the event the Affiliate has difficulty in recruiting a prospective doctor, because of the Union shop provision contained in the Collective Bargaining Agreement, such difficulty will be communicated to the United Doctors Association. After such notification, if representatives of each party are convinced that the doctor refuses to take employment with the Affiliate because of the Union shop provision, then the United Doctors Association agrees not to unreasonably withhold their consent to a case by case modification of said provision.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and have set their hands and seals thereto executing this Agreement by duly authorized agents as of February 1, 1993.
| UNITED DOCTORS ASSOCIATION HARLEM HOSPITAL CENTER |
TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK AND THE COLUMBIA UNIVERSITY AFFILIATION AT HARLEM HOSPITAL CENTER |
| /s/ Herman Anderson, MD President, United Doctors Association Harlem Hospital Center |
/s/ Edward Healton, MD Associate Dean and Assistant Vice President of Columbia University College of Physicians & Surgeons |
| /s/ Robert S. Early Vice President, Human Resources and Personnel Management |
EXHIBIT A
INCENTIVE OPPORTUNITIES
Edward Healton, MD
Senior Associate Dean/Assistant Vice President
Columbia University
College of Physician and Surgeons
506 Lenox Avenue
Dear Dr. Healton:
This letter shall serve to clarify and confirm certain items contained in or referred to in Article I of the Memorandum of Agreement between the parties.
In calculating the salary reductions referred to in Article I, should a physician have a reduction in his/her percentage of effort during the term of this Agreement, the reductions shall be taken on the reduced salary. For example, Doctor X was earning $100,000 per annum at 100% of effort on 6/30/97. At some time thereafter his/her percentage of effort is reduced to 75%. Thus, his or her reduction of 5% shall be based on the lower salary of $75,000 and be $3,750, leaving the base salary for the balance of the Fiscal Year 1998 at $71,250 ($75,000 - $3,750).
This agreement shall be enforceable through the grievance procedure.
If the foregoing meets with your approval, please sign where indicated.
Very truly yours,
/s/
Herman Anderson, MD
AGREED:
/s/
Edward Healton, MD
FY 98 Detail
Base: 95% of FY 97 salary
Incentive Opportunities
Note (1): Provides opportunity to restore FY97 base, gain up to an additional 5% more, plus Faculty Practice bonus, plus ratification incentive.
Note (2): If current volume projections were to continue in FY98, physicians would receive on average 99.5% of FY97 salary, plus Faculty Practice bonus, plus ratification incentive.
|
Level |
Target |
Incentive structure |
|
Individual |
none |
none |
|
Department |
FY95 volume |
payout range: 90% to 130% of target |
|
Affiliation |
FY95 volume |
payout range: 95% to 110% of target |
Bonus Opportunity
|
FFP Bonus |
Contingent on FFP revenues |
FFP distribution (according to current formula): |
Ratification Incentive: $1500/FTE if ratified by 3 July 1997
FY 99 Detail
Base: 90% of FY 97 salary
Incentive Opportunities
Note (1): Provides opportunity to restore FY97 base, gain up to an additional 5% more, plus Faculty Practice bonus, plus ratification incentive.
Note (2): If current volume projections were to continue in FY98, physicians would receive on average 99.5% of FY97 salary, plus Faculty Practice bonus, plus ratification incentive.
Plus opportunity for additional individual incentive payments.
| Level | Target | Incentive structure |
|
Individual |
a. contract reopener b. joint UDA-Affiliation to start meeting 7/15/97 |
|
|
Department |
FY95 volume |
payout range: 90% to 130% of target payout amount: 0 to 6% |
|
Affiliation |
FY95 volume |
payout range: 95% to 110% of target payout amount: 0 to 4% |
Bonus Opportunity
|
FFP Bonus |
Contingent on FFP revenues |
FFP distribution (according to current formula): |
Ratification Incentive: $500/FTE if ratified by 3 July 1997.
EXHIBIT B
DEPARTMENT AND AFFILIATION INCENTIVE


EXHIBIT C
ADMINISTRATIVE RESPONSIBILITIES - ON CALL
ANESTHESIOLOGY ON CALL
There is attending on call coverage sufficient to supervise all elective approved anesthetizing locations (AALs) at a 1 to 1 or 1 to 2 ratio of attending physicians and certified registered nurse anesthetists (CRNAs). This usually permits 4 or 5 (sometimes 6) locations in the main operating room, one or two AAL in obstetrics, one AAL for endoscopy and a float person for emergencies and codes.
Personnel are assigned the day before and all such assignments are flexible. The high stress of our work, along with the uncertainty of ones duties places an additional emotional burden on the already overworked staff. For this reason, CRNAs and physician anesthesiologists are paid more that other providers with "similar" educational backgrounds at other institutions. I respectfully request that the professionals in our department be given the same courtesy and respect to equal dignity.
OPHTHALMOLOGY ON-CALL INTER-SERVICE CONSULTATION
POLICY STATEMENT: All emergency and urgent requests for consultations from other services must be evaluated by the on-call resident immediately (for emergency request) or within 3 hours (for urgent requests).
PURPOSE: In order to ensure that Ophthalmology consultation services are available on a 24 hour basis.
RESPONSIBILITY: The first on-call resident has a responsibility for carrying out this policy and ensuring that it takes place by calling the second on-call resident, attending on-call or second on-call attending serving as admitting officer of the day in that order.
PROCEDURES: The first on-call resident carries out the consultation seeking assistance when needed in the order of responsibility as indicated.
CONTROLS: Resident coordinator and associate director responsible for ensuring the implementation of this policy.
The schedule makers should keep a tally of number of days on call within each of the three priorities and file this record with the Confidential Secretary for future reference.
The First On-Call Resident after completion of the first six months of residency may leave the hospital premises only if a return can be made within 20 minutes. The Emergency Room, Telephone Operator and Nurse on 9N must be notified when the resident is leaving for home and where he/she can be reached.
Considerable time and effort is spent in the development of on-call and rotation schedules. All schedules are to be presented to those affected for approval before final schedule is given to the Confidential Secretary for typing and distribution. Only in the case of last minute emergencies should any chance in these final schedules take place. All changes must be approved by the Director before notifying the various sections of the hospital concerned. These include:
Any changes in resident’s or attending’s schedules will be made through the Confidential Secretary who will indicate these changes on the Resident’s Bulletin Boards in both the Adult Eye Clinic, 9N Nurses Station and Administrative Office.
Departmental schedules are necessary for coordinating our efforts and cannot be effective if they are not accurate.
ORTHOPAEDIC SURGERY
I. Work Day:
House staff should be on duty from 7:15 AM (ward rounds) until 5:00 PM. The night schedule covers the period from 5:00 PM until 8:00 AM. The switchboard operator and the area to which you are assigned should be informed of your whereabouts (the phone number in case of paging system failure). All absences from the hospital grounds must be cleared with the Chief Orthopedic Resident or the Attending on call. The work day on Saturday begins at 8:00 AM and ends at noon. Sundays and Holidays begin at 8:00 AM and end at 8:00 AM the following day. Each ending shift must communicate with the on coming shift to insure proper continuity of care.
II. Ward Activities:
Ward rounds should be made by the House Staff prior to 7:45 AM Monday through Saturday, and before 9:00 AM on Sunday. Blood work, x-ray requests, consultations, fluids, transfers, etc., to be done that day should be arranged for at this time. Every patient must be seen and problems must be sought out. Seriously ill and post-operative patients and complaints must be checked thoroughly. The senior resident must report problems on his ward to the Attending in charge.
Other ward work such as working up patients, setting up or adjusting traction, changing dressings, applying or removing casts, supervising exercises of patients, chart summarizations, chart rounds, etc., should be done during the day or early evening when other duties such as clinic, operating room or Accident ward do not interfere. Attendings covering the ward should make rounds with the residents and interns at least once daily. Grand ward rounds are Wednesday at 4:00 PM. Complete work-up x-ray and as much laboratory data as possible should be available in the morning for each patient admitted during the preceding 24 hours, preferably between 8:00 and 9:00 AM.
Discharge summaries are the responsibility of the senior resident. They are to be completed prior to discharge of the patient. A final note must be written in the chart. Be sure to record when the patient can attend work or school. A check should be made to see that pertinent laboratory test results, x-ray reports, operative reports and consultation requests are on the chart and the appropriate action is taken. All discharges must be approved by the Attending surgeon.
Transfer summaries to be given to the patient are the responsibility of the orthopedic resident. The chart must be simultaneously summarized as for a routine discharge.
OBSTETRICS & GYNECOLOGY
Attending Faculty Night Call Agreement: