Common use of TERM OF AGREEMENT AND REOPENER Clause in Contracts

TERM OF AGREEMENT AND REOPENER. This Agreement shall be effective as of the date of the ratification of this Agreement, and shall remain in full force and effect unless amended by mutual written agreement of the parties through the end of the term August 31, 2022 and year to year thereafter provided, however, that either party may serve written notice on the other at least ninety (90) days prior to the expiration date, or subsequent expiration anniversary date, of its desire to amend any provision hereof. Notwithstanding the above, the parties agree that either party may make a written request to reopen the Agreement for negotiations over wages and benefits consistent with Article 16 - Hiring Rates and Wages-, as well as any other reason that may impact bargaining unit members and the parties according to Washington State law changes during the life of this agreement, such as, but not limited to healthcare and staffing, up to sixty (60) days following Employer’s receipt of written notification by an official and authoritative representative of Washington’s Government reporting the specific scope of scheduled changes (i.e., increase or decrease) to the Medicaid skilled nursing facility rate net of any provider tax. If either party does not agree with the other’s request to reopen the Agreement per the foregoing statement, the determination of whether “written notification by an official and authoritative representative of Washington’s Government reporting the specific scope of scheduled changes to the Medicaid skilled nursing facility rate” exists shall be arbitral under this Agreement. Since numerous historical examples exist of Washington’s Government Representatives announcing scheduled Medicaid rate changes and then failing to implement such changes as specifically announced, the parties agree that any wages and/or benefit change agreement negotiated through the foregoing re-opener provision shall not be effective until Employer actually receives the rate change as specifically promised by the official and authoritative representative of Washington’s Government. Upon the termination of this Agreement, Article 25 No Strike Clause shall remain in full force prohibiting workers from engaging in work stoppage over labor contract disputes and Employer agrees to prompt binding interest arbitration as defined below. In evaluating economic proposals, Employer, Union and/or Arbitrator, shall consider factors normally considered in interest arbitration cases; provided, that to the extent the Employer’s financial circumstances are considered, the Employer, Union and/or arbitrator shall limit consideration to the financial circumstances of the specific Employer-facility involved in this Agreement. The Employer, Union and/or Arbitrator shall not establish a collective bargaining relationship that would create an economic disadvantage to Employer by requiring increases in worker pay, benefits, staffing levels and/or shift ratios that both were not adequately reimbursed by Medicaid revenues and prevented Employer’s reasonable economic return on operation of the specific Employer- facility covered by this Agreement. Employer will not be required to provide financial records to Union or arbitrators. If Washington creates a voluntary mediation and binding arbitration process to resolve collective bargaining disputes, the parties will consider utilizing such services before proceeding to the traditional arbitration process.

TERM OF AGREEMENT AND REOPENER. This Agreement shall be effective as of the later of the date of the ratification of this AgreementAgreement or January 1, 2020, and shall remain in full force and effect unless amended by mutual written agreement of the parties through the end of the term August December 31, 2022 2023, and year to year thereafter provided, however, that either party may serve written notice on the other at least ninety (90) days prior to the expiration date, or subsequent expiration anniversary date, of its desire to amend any provision hereof. Notwithstanding the above, the parties agree that either party may make a written request to reopen the Agreement for negotiations over wages and benefits consistent with Article 16 - Hiring Rates and Wages-, as well as any other reason that may impact bargaining unit members and the parties according to Washington State law changes during the life of this agreement, such as, but not limited to healthcare and staffing, up to sixty (60) days following the Employer’s receipt of written notification by an official and authoritative representative of Washington’s Government reporting the specific scope of scheduled changes (i.e., increase or decrease) to the Medicaid skilled nursing facility rate net of any provider tax, provided the change is greater than a 3% increase or decrease from the rate in effect prior to the change. If either party does not agree with the other’s request to reopen the Agreement per the foregoing statement, the determination of whether “written notification by an official and authoritative representative of Washington’s Government reporting the specific scope of scheduled changes to the Medicaid skilled nursing facility rate” in excess of a 3% increase or decrease exists shall be arbitral arbitrable under this Agreement. Since numerous historical examples exist of Washington’s Government Representatives announcing scheduled Medicaid rate changes and then failing to implement such changes as specifically announced, the The parties agree that any wages and/or benefit change agreement negotiated through the foregoing re-opener provision shall not be effective until Employer actually receives the rate change as specifically promised by the official and authoritative representative of Washington’s Government. Upon During any “opener” contemplated under this provision, only the termination of this Agreementselected Sections or Articles related to wages and/or benefits to be negotiated shall be open and all other provisions, Article 25 No including but not limited to the Grievance and No-Strike Clause provisions shall remain in full force prohibiting workers from engaging in work stoppage over labor contract disputes and Employer agrees to prompt binding interest arbitration as defined beloweffect. In evaluating economic proposalsProvided, Employer, Union and/or Arbitrator, shall consider factors normally considered in interest arbitration cases; providedhowever, that to if agreement is not reached within 90 calendar days from the extent the Employer’s financial circumstances are considered, the Employer, Union and/or arbitrator shall limit consideration to the financial circumstances of the specific Employer-facility involved in this Agreement. The Employer, Union and/or Arbitrator shall not establish a collective bargaining relationship that would create an economic disadvantage to Employer by requiring increases in worker pay, benefits, staffing levels and/or shift ratios that both were not adequately reimbursed by Medicaid revenues and prevented Employer’s reasonable economic return on operation of the specific Employer- facility covered by this Agreement. Employer will not be required to provide financial records to Union or arbitrators. If Washington creates a voluntary mediation and binding arbitration process to resolve collective bargaining disputes, date the parties will consider utilizing such services before proceeding first meet to negotiate the traditional arbitration process“opener” under this Article, either party may declare an “impasse” and the provisions of Article 25 – No Strike/No Lockout shall be suspended regarding items being negotiated.

TERM OF AGREEMENT AND REOPENER. ‌ This Agreement shall be effective as of the later of the date of the ratification of this AgreementAgreement or January 1, 2020, and shall remain in full force and effect unless amended by mutual written agreement of the parties through the end of the term August December 31, 2022 2021, and year to year thereafter provided, however, that either party may serve written notice on the other at least ninety (90) days prior to the expiration date, or subsequent expiration anniversary date, of its desire to amend any provision hereof. Notwithstanding the above, the parties agree that either party may make a written request to reopen the Agreement for Agreementfor negotiations over wages and benefits consistent with Article 16 - Hiring Rates and Wages-, as well as any other reason that may impact bargaining unit members and the parties according to Washington State law changes during the life of this agreement, such as, but not limited to healthcare and staffing, up to sixty (60) days following the Employer’s receipt of written notification by an official and authoritative representative of Washington’s Government reporting the specific scope of scheduled changes (i.e., increase or decrease) to the Medicaid skilled nursing facility rate net of any provider tax, provided the change is greater than a 3% increase or decrease from the rate in effect prior to the change. If either party does not agree with the other’s request to reopen the Agreement per the foregoing statement, the determination of whether “written notification by an official and authoritative representative of Washington’s Government reporting the specific scope of scheduled changes to the Medicaid skilled nursing facility rate” in excess of a 3% increase or decrease exists shall be arbitral arbitrable under this Agreement. Since numerous historical examples exist of Washington’s Government Representatives announcing scheduled Medicaid rate changes and then failing to implement such changes as specifically announced, the The parties agree that any wages and/or benefit change agreement negotiated through the foregoing re-opener provision shall not be effective until Employer actually receives the rate change as specifically promised by the official and authoritative representative of Washington’s Government. Upon During any “opener” contemplated under this provision, only the termination of this Agreementselected Sections or Articles related to wages and/or benefits to be negotiated shall be open and all other provisions, Article 25 No including but not limited to the Grievance and No-Strike Clause provisions shall remain in full force prohibiting workers from engaging in work stoppage over labor contract disputes and Employer agrees to prompt binding interest arbitration as defined beloweffect. In evaluating economic proposalsProvided, Employer, Union and/or Arbitrator, shall consider factors normally considered in interest arbitration cases; providedhowever, that to if agreement is not reached within 90 calendar days from the extent the Employer’s financial circumstances are considered, the Employer, Union and/or arbitrator shall limit consideration to the financial circumstances of the specific Employer-facility involved in this Agreement. The Employer, Union and/or Arbitrator shall not establish a collective bargaining relationship that would create an economic disadvantage to Employer by requiring increases in worker pay, benefits, staffing levels and/or shift ratios that both were not adequately reimbursed by Medicaid revenues and prevented Employer’s reasonable economic return on operation of the specific Employer- facility covered by this Agreement. Employer will not be required to provide financial records to Union or arbitrators. If Washington creates a voluntary mediation and binding arbitration process to resolve collective bargaining disputes, date the parties will consider utilizing such services before proceeding first meet to negotiate the traditional arbitration process.“opener” under this Article, either party may declare an “impasse” and the provisions of Article 25 – No Strike/No Lockout shall be suspended regarding items being negotiated. MEMORANDUM OF UNDERSTANDING‌

TERM OF AGREEMENT AND REOPENER. ‌ This Agreement shall be effective as of the date of the ratification of this Agreement, and shall remain in full force and effect unless amended by mutual written agreement of the parties through the end of the term August 31, 2022 and year to year thereafter provided, however, that either party may serve written notice on the other at least ninety (90) days prior to the expiration date, or subsequent expiration anniversary date, of its desire to amend any provision hereof. Notwithstanding the above, the parties agree that either party may make a written request to reopen the Agreement for negotiations over wages and benefits consistent with Article 16 - Hiring Rates and Wages-, as well as any other reason that may impact bargaining unit members and the parties according to Washington State law changes during the life of this agreement, such as, but not limited to healthcare and staffing, up to sixty (60) days following Employer’s receipt of written notification by an official and authoritative representative of Washington’s Government reporting the specific scope of scheduled changes (i.e., increase or decrease) to the Medicaid skilled nursing facility rate net of any provider tax. If either party does not agree with the other’s request to reopen the Agreement per the foregoing statement, the determination of whether “written notification by an official and authoritative representative of Washington’s Government reporting the specific scope of scheduled changes to the Medicaid skilled nursing facility rate” exists shall be arbitral under this Agreement. Since numerous historical examples exist of Washington’s Government Representatives announcing scheduled Medicaid rate changes and then failing to implement such changes as specifically announced, the parties agree that any wages and/or benefit change agreement negotiated through the foregoing re-re- opener provision shall not be effective until Employer actually receives the rate change as specifically promised by the official and authoritative representative of Washington’s Government. Upon the termination of this Agreement, Article 25 No Strike Clause shall remain in full force prohibiting workers from engaging in work stoppage over labor contract disputes and Employer agrees to prompt binding interest arbitration as defined below. In evaluating economic proposals, Employer, Union and/or Arbitrator, shall consider factors normally considered in interest arbitration cases; provided, that to the extent the Employer’s financial circumstances are considered, the Employer, Union and/or arbitrator shall limit consideration to the financial circumstances of the specific Employer-facility involved in this Agreement. The Employer, Union and/or Arbitrator shall not establish a collective bargaining relationship that would create an economic disadvantage to Employer by requiring increases in worker pay, benefits, staffing levels and/or shift ratios that both were not adequately reimbursed by Medicaid revenues and prevented Employer’s reasonable economic return on operation of the specific Employer- Employer-facility covered by this Agreement. Employer will not be required to provide financial records to Union or arbitrators. If Washington creates a voluntary mediation and binding arbitration process to resolve collective bargaining disputes, the parties will consider utilizing such services before proceeding to the traditional arbitration process.. ATTENDANCE POLICY‌

TERM OF AGREEMENT AND REOPENER. This Agreement shall be effective as of the date of the ratification of this Agreement, and shall remain in full force and effect unless amended by mutual written agreement of the parties through the end of the term August 31, 2022 2015 and year to year thereafter provided, however, that either party may serve written notice on the other at least ninety (90) days prior to the expiration date, or subsequent expiration anniversary date, of its desire to amend any provision hereof. Notwithstanding the above, the parties agree that either party may make a written request to reopen the Agreement for negotiations over wages and benefits consistent with Article 16 - Hiring Rates and Wages-, as well as any other reason that may impact bargaining unit members and the parties according to Washington State law changes during the life of this agreement, such as, but not limited to healthcare and staffing, 14 Economics up to sixty (60) days following EmployerOperator’s receipt of written notification by an official and authoritative representative of Washington’s Government reporting the specific scope of scheduled changes (i.e., increase or decrease) to the Medicaid skilled nursing facility rate net of any provider tax. If either party does not agree with the other’s request to reopen the Agreement per the foregoing statement, the determination of whether “written notification by an official and authoritative representative of Washington’s Government reporting the specific scope of scheduled changes to the Medicaid skilled nursing facility rate” exists shall be arbitral under this Agreement. Since numerous historical examples exist of Washington’s Government Representatives announcing scheduled Medicaid rate changes and then failing to implement such changes as specifically announced, the parties agree that any wages and/or benefit change agreement negotiated through the foregoing re-opener re-­‐opener provision shall not be effective until Employer Operator actually receives the rate change as specifically promised by the official and authoritative representative of Washington’s Government. Upon the termination of this Agreement, Article 25 23 No Strike Clause shall remain in full force prohibiting workers from engaging in work stoppage over labor contract disputes and Employer Operator agrees to prompt binding interest arbitration as defined below. In evaluating economic proposals, EmployerOperator, Union and/or Arbitrator, shall consider factors normally considered in interest arbitration cases; provided, that to the extent the Employeroperator’s financial circumstances are considered, the EmployerOperator, Union and/or arbitrator shall limit consideration to the financial circumstances of the specific Employer-Operator-­‐ facility involved in this Agreement. The EmployerOperator, Union and/or Arbitrator shall not establish a collective bargaining relationship that would create an economic disadvantage to Employer Operator by requiring increases in worker pay, benefits, staffing levels and/or shift ratios that both were not adequately reimbursed by Medicaid revenues and prevented EmployerOperator’s reasonable economic return on operation of the specific Employer- facility Operator-­‐facility covered by this Agreement. Employer Operator will not be required to provide financial records to Union or arbitrators. If Washington creates a voluntary mediation and binding arbitration process to resolve collective bargaining disputes, the parties will consider utilizing such services before proceeding to the traditional arbitration process.. APPENDIX A ATTENDANCE POLICY

TERM OF AGREEMENT AND REOPENER. This Agreement shall be effective as of the date of the ratification of this Agreement, and shall remain in full force and effect unless amended by mutual written agreement of the parties through the end of the term August 31, 2022 2017, and year to year thereafter provided, however, that either party may serve written notice on the other at least ninety (90) days prior to the expiration date, or subsequent expiration anniversary date, of its desire to amend any provision hereof. Notwithstanding the above, the parties agree that either party may make a written request to reopen the Agreement for negotiations over wages and benefits consistent with Article 16 - Hiring Rates and Wages-, as well as any other reason that may impact bargaining unit members and the parties according to Washington State law changes during the life of this agreement, such as, but not limited to healthcare and staffing, up to sixty (60) days following the Employer’s Employer receipt of written notification by an official and authoritative representative of Washington’s Government reporting the specific scope of scheduled changes (i.e., increase or decrease) to the Medicaid skilled nursing facility rate net of any provider tax, provided the change is greater than a 3% increase or decrease from the rate in effect prior to the change. If either party does not agree with the other’s request to reopen the Agreement per the foregoing statement, the determination of whether “written notification by an official and authoritative representative of Washington’s Government reporting the specific scope of scheduled changes to the Medicaid skilled nursing facility rate” in excess of a 3% increase or decrease exists shall be arbitral arbitrable under this Agreement. Since numerous historical examples exist of Washington’s Government Representatives announcing scheduled Medicaid rate changes and then failing to implement such changes as specifically announced, the The parties agree that any wages and/or benefit change agreement negotiated through the foregoing re-opener provision shall not be effective until Employer actually receives the rate change as specifically promised by the official and authoritative representative of Washington’s Government. Upon During any “opener” contemplated under this provision, only the termination of this Agreementselected Sections or Articles related to wages and/or benefits to be negotiated shall be open and all other provisions, Article 25 No including but not limited to the Grievance and No-Strike Clause provisions shall remain in full force prohibiting workers from engaging in work stoppage over labor contract disputes and Employer agrees to prompt binding interest arbitration as defined beloweffect. In evaluating economic proposalsProvided, Employer, Union and/or Arbitrator, shall consider factors normally considered in interest arbitration cases; providedhowever, that to if agreement is not reached within 90 calendar days from the extent the Employer’s financial circumstances are considered, the Employer, Union and/or arbitrator shall limit consideration to the financial circumstances of the specific Employer-facility involved in this Agreement. The Employer, Union and/or Arbitrator shall not establish a collective bargaining relationship that would create an economic disadvantage to Employer by requiring increases in worker pay, benefits, staffing levels and/or shift ratios that both were not adequately reimbursed by Medicaid revenues and prevented Employer’s reasonable economic return on operation of the specific Employer- facility covered by this Agreement. Employer will not be required to provide financial records to Union or arbitrators. If Washington creates a voluntary mediation and binding arbitration process to resolve collective bargaining disputes, date the parties will consider utilizing such services before proceeding first meet to negotiate the traditional arbitration process.“opener” under this Article, either party may declare an “impasse” and the provisions of Article 25: No Strike/No Lockout shall be suspended regarding items being negotiated. Xxxxxxxxxx Rights

TERM OF AGREEMENT AND REOPENER. This Agreement shall be effective as of the date of the ratification of this Agreement, and shall remain in full force and effect unless amended by mutual written agreement of the parties through the end of the term August 31June, 2022 30 2018, and year to year thereafter provided, however, that either party may serve written notice on the other at least ninety (90) days prior to the expiration date, or subsequent expiration anniversary date, of its desire to amend any provision hereof. Notwithstanding the above, the parties agree that either party may make a written request to reopen the Agreement for negotiations over wages and benefits consistent with Article 16 - Hiring Rates and Wages-, as well as any other reason that may impact bargaining unit members and the parties according to Washington State law changes during the life of this agreement, such as, but not limited to healthcare and staffing, up to sixty (60) days following Employer’s 's receipt of written notification by an official and authoritative representative of Washington’s 's Government reporting the specific scope of scheduled economic changes (i.e.e.g., increase or decrease) to the Medicaid skilled nursing facility rate net of any provider tax. If either party does not agree with the other’s 's request to reopen the Agreement per the foregoing statement, the determination of whether “"written notification by an official and authoritative representative of Washington’s 's Government reporting the specific scope of scheduled changes to the Medicaid skilled nursing facility rate” " exists shall be arbitral arbitrable under this Agreement. Since numerous historical examples exist of Washington’s 's Government Representatives announcing scheduled Medicaid rate changes and then failing to implement such changes as specifically announced, the parties agree that any wages and/or benefit change agreement negotiated through the foregoing re-opener re‑opener provision shall not be effective until Employer actually receives the rate change as specifically promised by the official and authoritative representative of Washington’s 's Government. Upon the termination of this Agreement, Article 25 22 No Strike Clause shall remain in full force prohibiting workers from engaging in work stoppage over labor contract disputes and Employer agrees to prompt binding interest arbitration as defined below. In evaluating economic proposals, Employer, Union and/or Arbitrator, shall consider factors normally considered in interest arbitration cases; provided, that to the extent the Employer’s employer's financial circumstances are considered, the Employer, Union and/or arbitrator shall limit consideration to the financial circumstances of the specific Employer-facility involved in this Agreement. The Employer, Union and/or Arbitrator shall not establish a collective bargaining relationship that would create an economic disadvantage to Employer by requiring increases in worker pay, benefits, staffing levels and/or shift ratios that both were not adequately reimbursed by Medicaid revenues and prevented Employer’s 's reasonable economic return on operation of the specific Employer- Employer-facility covered by this Agreement. Employer will not be required to provide financial records to Union or arbitrators. If Washington creates a voluntary mediation and binding arbitration process to resolve collective bargaining disputes, the parties will consider utilizing such services before proceeding to the traditional arbitration process.. The provisions of this collective bargaining agreement shall be common to all future collective bargaining agreements at this facility, to the extent desired by Employer. Within the foregoing context, the parties agree that negotiations to renew the term of Agreement can be expanded to include up to the following eight topics:

TERM OF AGREEMENT AND REOPENER. This Agreement shall be effective as of the date of the ratification of this Agreement, and shall remain in full force and effect unless amended by mutual written agreement of the parties through the end of the term August 31, 2022 2018 and year to year thereafter provided, however, that either party may serve written notice on the other at least ninety (90) days prior to the expiration date, or subsequent expiration anniversary date, of its desire to amend any provision hereof. Notwithstanding the above, the parties agree that either party may make a written request to reopen the Agreement for negotiations over wages and benefits consistent with Article 16 - Hiring Rates and Wages-, as well as any other reason that may impact bargaining unit members and the parties according to Washington State law changes during the life of this agreement, such as, but not limited to healthcare and staffing, 15 Economics up to sixty (60) days following Employer’s receipt of written notification by an official and authoritative representative of Washington’s Government reporting the specific scope of scheduled changes (i.e., increase or decrease) to the Medicaid skilled nursing facility rate net of any provider tax. If either party does not agree with the other’s request to reopen the Agreement per the foregoing statement, the determination of whether “written notification by an official and authoritative representative of Washington’s Government reporting the specific scope of scheduled changes to the Medicaid skilled nursing facility rate” exists shall be arbitral under this Agreement. Since numerous historical examples exist of Washington’s Government Representatives announcing scheduled Medicaid rate changes and then failing to implement such changes as specifically announced, the parties agree that any wages and/or benefit change agreement negotiated through the foregoing re-opener provision shall not be effective until Employer actually receives the rate change as specifically promised by the official and authoritative representative of Washington’s Government. Upon the termination of this Agreement, Article 25 No Strike Clause shall remain in full force prohibiting workers from engaging in work stoppage over labor contract disputes and Employer agrees to prompt binding interest arbitration as defined below. In evaluating economic proposals, Employer, Union and/or Arbitrator, shall consider factors normally considered in interest arbitration cases; provided, that to the extent the Employer’s financial circumstances are considered, the Employer, Union and/or arbitrator shall limit consideration to the financial circumstances of the specific Employer-facility involved in this Agreement. The Employer, Union and/or Arbitrator shall not establish a collective bargaining relationship that would create an economic disadvantage to Employer by requiring increases in worker pay, benefits, staffing levels and/or shift ratios that both were not adequately reimbursed by Medicaid revenues and prevented Employer’s reasonable economic return on operation of the specific Employer- Employer-facility covered by this Agreement. Employer will not be required to provide financial records to Union or arbitrators. If Washington creates a voluntary mediation and binding arbitration process to resolve collective bargaining disputes, the parties will consider utilizing such services before proceeding to the traditional arbitration process.

TERM OF AGREEMENT AND REOPENER. This Agreement shall be effective as of the date of the ratification of this Agreement, and shall remain in full force and effect unless amended by mutual written agreement of the parties through the end of the term August October 31, 2022 2016, and year to year thereafter provided, however, that either party may serve written notice on the other at least ninety (90) days prior to the expiration date, or subsequent expiration anniversary date, of its desire to amend any provision hereof. Notwithstanding the above, the parties agree that either party may make a written request to reopen the Agreement for negotiations over wages and benefits consistent with Article 16 - Hiring Rates and Wages-, as well as any other reason that may impact bargaining unit members and the parties according to Washington State law changes during the life of this agreement, such as, but not limited to healthcare and staffing, up to sixty (60) days following Employer’s receipt of written notification by an official and authoritative representative of Washington’s Government reporting the specific scope of scheduled economic changes (i.e.e.g., increase or decrease) to the Medicaid skilled nursing facility rate net of any provider tax. If either party does not agree with the other’s request to reopen the Agreement per the foregoing statement, the determination of whether “written notification by an official and authoritative representative of Washington’s Government reporting the specific scope of scheduled changes to the Medicaid skilled nursing facility rate” exists shall be arbitral arbitrable under this Agreement. Since numerous historical examples exist of Washington’s Government Representatives announcing scheduled Medicaid rate changes and then failing to implement such changes as specifically announced, the parties agree that any wages and/or benefit change agreement negotiated through the foregoing re-opener provision shall not be effective until Employer actually receives the rate change as specifically promised by the official and authoritative representative of Washington’s Government. Upon the termination of this Agreement, Article 25 23 No Strike Clause shall remain in full force prohibiting workers from engaging in work stoppage over labor contract disputes and Employer agrees to prompt binding interest arbitration as defined below. In evaluating economic proposals, Employer, Union and/or Arbitrator, shall consider factors normally considered in interest arbitration cases; provided, that to the extent the Employeremployer’s financial circumstances are considered, the Employer, Union and/or arbitrator shall limit consideration to the financial circumstances of the specific Employer-facility involved in this Agreement. The Employer, Union and/or Arbitrator shall not establish a collective bargaining relationship that would create an economic disadvantage to Employer by requiring increases in worker pay, benefits, staffing levels and/or shift ratios that both were not adequately reimbursed by Medicaid revenues and prevented Employer’s reasonable economic return on operation of the specific Employer- Employer-facility covered by this Agreement. Employer will not be required to provide financial records to Union or arbitrators. If Washington creates a voluntary mediation and binding arbitration process to resolve collective bargaining disputes, the parties will consider utilizing such services before proceeding to the traditional arbitration process.. The provisions of this collective bargaining agreement shall be common to all future collective bargaining agreements at this facility, to the extent desired by Employer. Within the foregoing context, the parties agree that negotiations to renew the term of Agreement can be expanded to include up to the following eight topics:

TERM OF AGREEMENT AND REOPENER. This Agreement shall be effective as of the date of the ratification of this Agreement, and shall remain in full force and effect unless amended by mutual written agreement of the parties through the end of the term August December 31, 2022 2019, and year to year thereafter provided, however, that either party may serve written notice on the other at least ninety (90) days prior to the expiration date, or subsequent expiration anniversary date, of its desire to amend any provision hereof. Notwithstanding the above, the parties agree that either party may make a written request to reopen the Agreement for negotiations over wages and benefits consistent with Article 16 - Hiring Rates and Wages-, as well as any other reason that may impact bargaining unit members and the parties according to Washington State law changes during the life of this agreement, such as, but not limited to healthcare and staffing, up to sixty (60) days following the Employer’s receipt of written notification by an official and authoritative representative of Washington’s Government reporting the specific scope of scheduled changes (i.e., increase or decrease) to the Medicaid skilled nursing facility rate net of any provider tax, provided the change is greater than a 3% increase or decrease from the rate in effect prior to the change. If either party does not agree with the other’s request to reopen the Agreement per the foregoing statement, the determination of whether “written notification by an official and authoritative representative of Washington’s Government reporting the specific scope of scheduled changes to the Medicaid skilled nursing facility rate” in excess of a 3% increase or decrease exists shall be arbitral arbitrable under this Agreement. Since numerous historical examples exist of Washington’s Government Representatives announcing scheduled Medicaid rate changes and then failing to implement such changes as specifically announced, the The parties agree that any wages and/or benefit change agreement negotiated through the foregoing re-opener provision shall not be effective until Employer actually receives the rate change as specifically promised by the official and authoritative representative of Washington’s Government. Upon During any “opener” contemplated under this provision, only the termination of this Agreementselected Sections or Articles related to wages and/or benefits to be negotiated shall be open and all other provisions, Article 25 No including but not limited to the Grievance and No-Strike Clause provisions shall remain in full force prohibiting workers from engaging in work stoppage over labor contract disputes and Employer agrees to prompt binding interest arbitration as defined beloweffect. In evaluating economic proposalsProvided, Employer, Union and/or Arbitrator, shall consider factors normally considered in interest arbitration cases; providedhowever, that to if agreement is not reached within 90 calendar days from the extent the Employer’s financial circumstances are considered, the Employer, Union and/or arbitrator shall limit consideration to the financial circumstances of the specific Employer-facility involved in this Agreement. The Employer, Union and/or Arbitrator shall not establish a collective bargaining relationship that would create an economic disadvantage to Employer by requiring increases in worker pay, benefits, staffing levels and/or shift ratios that both were not adequately reimbursed by Medicaid revenues and prevented Employer’s reasonable economic return on operation of the specific Employer- facility covered by this Agreement. Employer will not be required to provide financial records to Union or arbitrators. If Washington creates a voluntary mediation and binding arbitration process to resolve collective bargaining disputes, date the parties will consider utilizing such services before proceeding first meet to negotiate the traditional arbitration process“opener” under this Article, either party may declare an “impasse” and the provisions of Article 25 – No Strike/No Lockout shall be suspended regarding items being negotiated.