In 2014, AFT Healthcare-Maryland negotiated a $3,000 Hiring & Retention Bonus for RNs performing shift work in 24/7 facilities. In 2015, when the bonus was supposed to be paid to those RNs, the State imposed certain eligibility criteria. Those criteria were not negotiated with the union.
In 2015, 2016 and 2017, the Union filed numerous complaints on behalf of the members who were denied the bonus based the criteria imposed by management. The issue was heard by an outside Arbitrator on May 17, 2017. The decision is in: WE WON!
The Arbitrator found that “the criteria, which the employer asserts were reinstated in the 2015 MOU, do not apply for the sole reason that the Employer failed to show that the criteria were ever negotiated with the Union. It is axiomatic that an employer may not unilaterally restrict benefits provided by an agreement without negotiating with the Union.”
The ultimate decision rendered by the Arbitrator on August 3, 2017 is “The 2015 Guidelines were not the product of negotiations with the Union and may not be enforced by the Employer. The Employer shall pay bonuses provided by the MOU without regard to the 2015 Guidelines.”
Ms. Debra Perry, AFT Healthcare-Maryland President, testified on behalf of the union. When told of the decision she stated,
“We decided to pursue the bonus issue because we knew that the guidelines were not negotiated. The Arbitrator’s decision is confirmation. The three-year long battle was well worth it.”
Hillary Galloway Davis, the Union’s attorney, also expressed gratification at the decision of the Arbitrator:
“The Union negotiated with Management in good faith, and the MOU was the product of that negotiation. This decision confirms that these dedicated professionals are indeed entitled to the bonuses they have earned.”
Management has the right to file an appeal of the Arbitrator’s decision within 30 days to the State Labor Relations Board. While we wait to hear if management will appeal the decision, we are attempting to gather a list of RN’s working shift work in 24/7 facilities who were not given a retention bonus or a hiring bonus in 2016 and 2017. If you, or someone you know, was an RN working shift work in a 24/7 facility and did not receive a bonus, please CLICK HERE to be included on our list.