COVID-19 Mandate MOU

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Memorandum of Understanding - New York State COVID-19 Mandate

If an employee covered by a collective bargaining agreement that is between CW A and Kenmore Mercy Hospital, Mercy Hospital of Buffalo or Sisters of Charity Hospital-St. Joseph Campus, is terminated as a result of the Employer's COVID-19 Policy CH-AH-025, then the following shall apply. 

1. If an employee becomes vaccinated during the period of time that they are on an unpaid leave of absence, they will be permitted to return to work contingent upon their submittal of appropriate proof of vaccination. Such employees will be returned to their position (one they held when the leave began) without loss of seniority, wages and accrued benefits. During the period of unpaid leave of absence the employee's terminal benefits will not be paid. Except that employees who choose to use their PTO during the unpaid leave of absence may do so.
2. If an employee becomes vaccinated after they have been terminated and are rehired, the re-instatement language included in the Seniority article of the bargaining unit agreements will apply.
3. Any employee who is terminated related to this vaccine mandate will be entitled to all of their terminal benefits as afforded under their contract. including but not limited to all accrued unused PTO.
4. Failure to comply with the vaccine mandate during the thirty (30) day leave period will not be considered a voluntary resignation.
5. Employees who are currently out on any approved leave (eg: DBL, Workers' Compensation, Military Leave, etc.) will be returned to work as outlined under CH-AH-025 provided they are compliant with the vaccine mandate at the time of their return. 

Employees will be provided final notice of termination in a face to face meeting with Human Resources and a Union Representative will be present. If a member chooses not to come in for a termination meeting, a phone conversation will be held with a Union Representative present.

Any dispute under the MOU will be resolved through the grievance and arbitration procedure included in the applicable collective bargaining agreement.

Catholic Health will keep the Union updated on any changes to CH-AH-025 as they occur. Regardless of whether there is a change in the policy or not the parties agree to discuss the COVID-19 Vaccination Mandate at least once a month. Should any court decision and/or court order be issued that impacts this COVID-19 Vaccine Mandate, the parties will meet to discuss the impact on the employees within twenty-four (24) hours. 

Catholic Health will make the vaccine available to all employees during scheduled work times or will provide employees with paid time off, up to four (4) hours, for the purpose of receiving a vaccination.

This COVID-19 Vaccination Mandate will not result in any unilateral changes and that the contract will remain in full force and effect unless a change is mutually agreed to by the employer and the Union.