Common use of Change in Health Plan Clause in Contracts

Change in Health Plan. In the event the Hospital determines during the term of this Agreement to terminate and/or modify any plan by virtue of which any of the “Health and Welfare” benefits described in this article are provided to the employees covered by this Agreement, including but not limited to, any modification of contribution rates, or the identity of the insurance provider, and such termination and/or modification is applicable to all individuals employed by the Hospital who are covered by the plan(s) subject to the termination and/or modification, as the case may be (the “other individuals”), such termination and/or modification shall be automatically applied to the employees contemporaneously with the other individuals (referred to hereafter in this Article as a “Plan Change”), subject to the following: The Hospital agrees that, in the event any such Plan Change involves the termination of a plan, the termination would be undertaken in order to, by way of example only, facilitate or maintain compliance with applicable law [including without limitation, the Internal Revenue Code (the “Code”), the Employee Retirement Income Security Act of 1974 (“ERISA”) and the Public Health Safety Act (“PHSA”) and any regulations or other formal guidance issued under the Code, ERISA or the PHSA], or to provide comparable benefits for employees and other individuals through a different plan. The Hospital shall provide the Union with at least thirty (30) consecutive calendar days written notice in advance of the effective date of any such Plan Change (the “Waiting Period”), which written notice shall specify the effective date of the Plan Change (referred to hereafter in this Article as a “Hospital Notice of Plan Change”). Thereafter, during the first ten (10) consecutive calendar days of the Waiting Period, the Union shall have the right to serve the Hospital with a written request for discussion about the Plan Change (referred to hereafter in this Article as a “Union Request for Discussion”). In the event the Union serves such a Union Request for Discussion, the Parties shall meet promptly and discuss the Plan Change during the remainder of the Waiting Period. Following the expiration of the Waiting Period, the Union shall have the right to serve the Hospital with a written notice of termination of this Agreement (referred to hereafter in this Article as a “Notice of Termination”), which shall specify the date upon which the Agreement shall terminate, which specified date must be at least twenty (20) consecutive calendar days following the date of service (in the manner provided for, below) of such a Notice of Termination (referred to hereafter in this Article as the “Notification Period”). The parties agree that once such Notice of Termination has been served by the Union, with the intent of bargaining a successor Agreement, the following provisions of the agreement shall stay in full force and effect: (1) Article 4 “Recognition and Union Security” and (2) Article 9 “Grievance Procedure”. In order to be effective, any Notice of Termination shall be served by (a) Hand-delivery, or (b) by another method of delivery of the Notice of Termination by virtue of which the Union shall, to the Human Resources Director who shall acknowledge such hand delivery by affixing a signature and date upon a copy of the Notice of Termination. Upon the written request of the Hospital (referred to hereafter in this Article as a “Request for Proof of Delivery”), be able to the Union will produce for the Hospital a bona fide written proof of delivery (including, among other forms of proof of delivery, consisting of the signature from the Human Resources Director or designee, a sworn affidavit of service by an individual not employed by the Union who actually performs the service), which records at a minimum the date of delivery of the Notice of Termination (referred to hereafter in this Article as a “Proof of Delivery”). Any Union Request for Discussion, and any Proof of Delivery, and in order to be effective any Notice of Termination, shall be served upon the Hospital’s Chief Executive Officer or Human Resources Director at the following address: XxXxxxxx-Willamette Medical Center 0000 “X” Xxxxxx Xxxxxxxxxxx, Xxxxxx 00000-0000 Any Hospital Notice of Plan Change and any Request for Proof of Delivery shall be served upon the Union at the following address:

Change in Health Plan. In the event the Hospital determines during the term of this Agreement to terminate and/or modify any plan by virtue of which any of the “Health and Welfare” benefits described in this article are provided to the employees covered by this Agreement, including but not limited to, any modification of contribution rates, or the identity of the insurance provider, and such termination and/or modification is applicable to all individuals employed by the Hospital who are covered by the plan(s) subject to the termination and/or modification, as the case may be (the “other individuals”), such termination and/or modification shall be automatically applied to the employees contemporaneously with the other individuals (referred to hereafter in this Article as a “Plan Change”), subject to the following: The Hospital agrees that, in the event any such Plan Change involves the termination of a plan, the termination would be undertaken in order to, by way of example only, facilitate or maintain compliance with applicable law [including without limitation, the Internal Revenue Code (the “Code”), the Employee Retirement Income Security Act of 1974 (“ERISA”) and the Public Health Safety Act (“PHSA”) and any regulations or other formal guidance issued under the Code, ERISA or the PHSA], or to provide comparable benefits for employees and other individuals through a different plan. The Hospital shall provide the Union with at least thirty (30) consecutive calendar days written notice in advance of the effective date of any such Plan Change (the “Waiting Period”), which written notice shall specify the effective date of the Plan Change (referred to hereafter in this Article as a “Hospital Notice of Plan Change”). Thereafter, during the first ten (10) consecutive calendar days of the Waiting Period, the Union shall have the right to serve the Hospital with a written request for discussion about the Plan Change (referred to hereafter in this Article as a “Union Request for Discussion”). In the event the Union serves such a Union Request for Discussion, the Parties shall meet promptly and discuss the Plan Change during the remainder of the Waiting Period. Following the expiration of the Waiting Period, the Union shall have the right to serve the Hospital with a written notice of termination of this Agreement (referred to hereafter in this Article as a “Notice of Termination”), which shall specify the date upon which the Agreement shall terminate, which specified date must be at least twenty (20) consecutive calendar days following the date of service (in the manner provided for, below) of such a Notice of Termination (referred to hereafter in this Article as the “Notification Period”). The parties agree that once such Notice of Termination has been served by the Union, with the intent of bargaining a successor Agreement, the following provisions of the agreement shall stay in full force and effect: (1) Article 4 “Recognition and Union Security” and (2) Article 9 “Grievance Procedure”. In order to be effective, any Notice of Termination shall be served by (a) Hand-Hand delivery, or (b) by another method of delivery of the Notice of Termination by virtue of which the Union shall, to the Human Resources Director who shall acknowledge such hand delivery by affixing a signature and date upon a copy of the Notice of Termination. Upon the written request of the Hospital (referred to hereafter in this Article as a “Request for Proof of Delivery”), be able to the Union will produce for the Hospital a bona fide written proof of delivery (including, among other forms of proof of delivery, consisting of the signature from the Human Resources Director or designee, a sworn affidavit of service by an individual not employed by the Union who actually performs the service), which records at a minimum the date of delivery of the Notice of Termination (referred to hereafter in this Article as a “Proof of Delivery”). Any Union Request for Discussion, and any Proof of Delivery, and in order to be effective any Notice of Termination, shall be served upon the Hospital’s Chief Executive Officer or Human Resources Director at the following address: XxXxxxxx-Willamette Medical Center 0000 “X” Xxxxxx Xxxxxxxxxxx, Xxxxxx 00000-0000 Any Hospital Notice of Plan Change and any Request for Proof of Delivery shall be served upon the Union at the following address:

Change in Health Plan. In the event the Hospital determines during the term of this Agreement to terminate and/or modify any plan by virtue of which any of the “Health and Welfare” benefits described in this article ARTICLE 35 – Health Insurance are provided to the employees covered by this Agreement, including but not limited to, any modification of contribution rates, or the identity of the insurance provider, and such termination and/or modification is applicable to all individuals employed by the Hospital who are covered by the plan(s) subject to the termination and/or modification, as the case may be (the “other individuals”), such termination and/or modification shall be automatically applied to the employees contemporaneously with the other individuals (referred to hereafter in this Article as a “Plan Change”), subject to the following: The Hospital agrees that, in the event any such Plan Change involves the termination of a plan, the termination would be undertaken in order to, by way of example only, facilitate or maintain compliance with applicable law [including without limitation, the Internal Revenue Code (the “Code”), the Employee Retirement Income Security Act of 1974 (“ERISA”) and the Public Health Safety Act (“PHSA”) and any regulations or other formal guidance issued under the Code, ERISA or the PHSA], or to provide comparable benefits for employees and other individuals through a different plan. The Hospital shall provide the Union with at least thirty (30) consecutive calendar days written notice in advance of the effective date of any such Plan Change (the “Waiting Period”), which written notice shall specify the effective date of the Plan Change (referred to hereafter in this Article as a “Hospital Notice of Plan Change”). Thereafter, during the first ten (10) consecutive calendar days of the Waiting Period, the Union shall have the right to serve the Hospital with a written request for discussion about the Plan Change (referred to hereafter in this Article as a “Union Request for Discussion”). In the event the Union serves such a Union Request for Discussion, the Parties shall meet promptly and discuss the Plan Change during the remainder of the Waiting Period. Following the expiration of the Waiting Period, the Union shall have the right to serve the Hospital with a written notice of termination of this Agreement (referred to hereafter in this Article as a “Notice of Termination”), which shall specify the date upon which the Agreement shall terminate, which specified date must be at least twenty (20) consecutive calendar days following the date of service (in the manner provided for, below) of such a Notice of Termination (referred to hereafter in this Article as the “Notification Period”). The parties agree that once such Notice of Termination has been served by the Union, with the intent of bargaining a successor Agreement, the following provisions of the agreement shall stay in full force and effect: (1) Article 4 “Recognition and Union Security” and (2) Article 9 “Grievance Procedure”. In order to be effective, any Notice of Termination shall be served by (a) Hand-delivery, or (b) by another method of delivery of the Notice of Termination by virtue of which the Union shall, to the Human Resources Director who shall acknowledge such hand delivery by affixing a signature and date upon a copy of the Notice of Termination. Upon the written request of the Hospital (referred to hereafter in this Article as a “Request for Proof of Delivery”), be able to the Union will produce for the Hospital a bona fide written proof of delivery (including, among other forms of proof of delivery, consisting of the signature from the Human Resources Director or designee, a sworn affidavit of service by an individual not employed by the Union who actually performs the service), which records at a minimum the date of delivery of the Notice of Termination (referred to hereafter in this Article as a “Proof of Delivery”). Any Union Request for Discussion, and any Proof of Delivery, and in order to be effective any Notice of Termination, shall be served upon the Hospital’s Chief Executive Officer or Human Resources Director at the following address: XxXxxxxx-Willamette Medical Center 0000 “X” Xxxxxx Xxxxxxxxxxx, Xxxxxx 00000-0000 Any Hospital Notice of Plan Change and any Request for Proof of Delivery shall be served upon the Union at the following address:: SEIU Local 49 Attn: President 0000 XX 00xx Xxxxxx Xxxxxxxx, Xxxxxx 00000 In computing the Notification Period defined above, neither the actual date of service of the Notice of Termination, nor the actual date of delivery of the Notice of Termination, shall be included in the computation of such Notification Period.

Change in Health Plan. In the event the Hospital determines during the term of this Agreement to terminate and/or modify any plan by virtue of which any of the “Health and Welfare” benefits described in this article are provided to the employees covered by this Agreement, including but not limited to, any modification of contribution rates, or the identity of the insurance provider, and such termination and/or modification is applicable to all individuals employed by the Hospital who are covered by the plan(s) subject to the termination and/or modification, as the case may be (the “other individuals”), such termination and/or modification shall be automatically applied to the employees contemporaneously with the other individuals (referred to hereafter in this Article as a “Plan Change”), subject to the following: The Hospital agrees that, in the event any such Plan Change involves the termination of a plan, the termination would be undertaken in order to, by way of example only, facilitate or maintain compliance with applicable law [including without limitation, the Internal Revenue Code (the “Code”), the Employee Retirement Income Security Act of 1974 (“ERISA”) and the Public Health Safety Act (“PHSA”) and any regulations or other formal guidance issued under the Code, ERISA or the PHSA], or to provide comparable benefits for employees and other individuals through a different plan. The Hospital shall provide the Union with at least thirty (30) consecutive calendar days written notice in advance of the effective date of any such Plan Change (the “Waiting Period”), which written notice shall specify the effective date of the Plan Change (referred to hereafter in this Article as a “Hospital Notice of Plan Change”). Thereafter, during the first ten (10) consecutive calendar days of the Waiting Period, the Union shall have the right to serve the Hospital with a written request for discussion about the Plan Change (referred to hereafter in this Article as a “Union Request for Discussion”). In the event the Union serves such a Union Request for Discussion, the Parties shall meet promptly and discuss the Plan Change during the remainder of the Waiting Period. Following the expiration of the Waiting Period, the Union shall have the right to serve the Hospital with a written notice of termination of this Agreement (referred to hereafter in this Article as a “Notice of Termination”), which shall specify the date upon which the Agreement shall terminate, which specified date must be at least twenty (20) consecutive calendar days following the date of service (in the manner provided for, below) of such a Notice of Termination (referred to hereafter in this Article as the “Notification Period”). The parties agree that once such Notice of Termination has been served by the Union, with the intent of bargaining a successor Agreement, the following provisions of the agreement shall stay in full force and effect: (1) Article 4 “Recognition and Union Security” and (2) Article 9 “Grievance Procedure”. In order to be effective, any Notice of Termination shall be served by (a) Hand-Hand- delivery, or (b) by another method of delivery of the Notice of Termination by virtue of which the Union shall, to the Human Resources Director who shall acknowledge such hand delivery by affixing a signature and date upon a copy of the Notice of Termination. Upon the written request of the Hospital (referred to hereafter in this Article as a “Request for Proof of Delivery”), be able to the Union will produce for the Hospital a bona fide written proof of delivery (including, among other forms of proof of delivery, consisting of the signature from the Human Resources Director or designee, a sworn affidavit of service by an individual not employed by the Union who actually performs the service), which records at a minimum the date of delivery of the Notice of Termination (referred to hereafter in this Article as a “Proof of Delivery”). Any Union Request for Discussion, and any Proof of Delivery, and in order to be effective any Notice of Termination, shall be served upon the Hospital’s Chief Executive Officer or Human Resources Director at the following address: XxXxxxxx-Willamette Medical Center 0000 “X” Xxxxxx Xxxxxxxxxxx, Xxxxxx 00000-0000 Any Hospital Notice of Plan Change and any Request for Proof of Delivery shall be served upon the Union at the following address: