Patient Care Complaints. A. In cases involving patient care, the Hospital may issue discipline if the Hospital had a reasonable and good faith belief after a thorough investigation which included a fair opportunity for the employee to tell their side of the story, that the alleged actions or failure to act occurred. The Employer agrees to submit to the Union the substantive results pertaining to the employee against whom discipline has been issued, of any investigation conducted by (i) the Hospital or (ii) the State of California Department of Health on the incident in dispute.
B. The following factors will apply in determining whether the Employer’s belief was reasonable and in good faith: (1) the strength of the Employer’s investigation; (2) the strength of the evidence supporting the allegation; (3) the employee’s work history;
Patient Care Complaints. A. In cases involving patient care, the Hospital may issue discipline if the Hospital had a reasonable and good faith belief after a thorough investigation which included a fair opportunity for the employee to tell his/her side of the story, that the alleged actions or failure to act occurred. The Employer agrees to submit to the Union the substantive results pertaining to the employee against whom discipline has been issued, of any investigation conducted by (i) the Hospital or (ii) the State of California Department of Health on the incident in dispute.
B. The following factors will apply in determining whether the Employer’s belief was reasonable and in good faith: (1) the strength of the Employer’s investigation; (2) the strength of the evidence supporting the allegation; (3) the employee’s work history; (4) the resident’s complaint history; (5) the resident’s cognitive ability; (6) physical evidence, if any; and (7) other such factors traditionally reviewed in disciplinary cases.
C. Employees have an affirmative duty to honestly cooperate in Employer investigations relating to employee conduct and patient care issues. Employees have an affirmative duty to report suspected patient abuse or violation of resident rights.
D. The Employer and the Union agree that, absent exceptional circumstances, patients should not be compelled to be involved in the Grievance and Arbitration process. Therefore, the parties agree that the arbitrator shall decide whether to admit into evidence any statements received from patients who do not appear as witnesses at the arbitration (the arbitrator may also decide whether to admit statements from non-testifying family members and visitors). The Arbitrator shall also determine the appropriate weight to be given in the event of the failure of any patient, visitor, or family member to testify at arbitration, subject to cross-examination. The parties further agree that the arbitrator may allow patients, visitors, or family members to testify telephonically, subject to cross-examination, in cases where such persons are ready, willing and able to do so.
E. The Arbitrator shall determine the weight of the Union’s lack of access to interview and/or to cross-examine the Hospital’s witness(es), if the Union lacks such access.
Patient Care Complaints a. In cases involving patient care, the Hospital may issue discipline if the Hospital had a reasonable and good faith belief after a thorough investigation which included a fair opportunity for the employee to tell his/her side of the story, that the alleged actions or failure to act occurred. The Employer agrees to submit to the Union the substantive results pertaining to the employee against whom discipline has been issued, of any investigation conducted by:
i. the Hospital; or
ii. the State of California Department of Health on the incident in dispute.
b. The following factors will apply in determining whether the Employer’s belief was reasonable and in good faith:
i. the strength of the Employer’s investigation;
ii. the strength of the evidence supporting the allegation;
iii. the employee’s work history;
iv. the resident’s complaint history;
v. the resident’s cognitive ability;
vi. physical evidence, if any; and
vii. other such factors traditionally reviewed in disciplinary cases.
c. Employees have an affirmative duty to honestly cooperate in Employer investigations relating to employee conduct and patient care issues. Employees have an affirmative duty to report suspected patient abuse or violation of resident rights.
d. The Employer and the Union agree that, absent exceptional circumstances, patients should not be compelled to be involved in the Grievance and Arbitration process. Therefore, the parties agree that the arbitrator shall decide whether to admit into evidence any statements received from patients who do not appear as witnesses at the arbitration (the arbitrator may also decide whether to admit statements from non- testifying family members and visitors). The Arbitrator shall also determine the appropriate weight to be given in the event of the failure of any patient, visitor, or family member to testify at arbitration, subject to cross-examination. The parties further agree that the arbitrator may allow patients, visitors, or family members to testify telephonically, subject to cross-examination, in cases where such persons are ready, willing and able to do so.
Patient Care Complaints. In cases involving patient care, the Hospital may issue discipline if the Hospital had a reasonable and good faith belief after a thorough investigation which included a fair opportunity for the employee to tell their side of the story, that the alleged actions or failure to act occurred. The Employer agrees to submit to the Association the substantive results pertaining to the employee against whom discipline has been issued, of any investigation conducted by (i) the Hospital or
