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BEFORE THE ARBITRATOR

In the Matter of the Arbitration of a Dispute Between

FEDERATION OF NURSES AND

HEALTH PROFESSIONALS, LOCAL 5001,

AFT, AFL-CIO

and

ST. FRANCIS HOSPITAL

Case 31

No. 56257

A-5663

(4-Center Grievances)

Appearances:

Sheneidman, Myers, Dowling, Blumenfield, Ehlke, Hawks & Domer, Attorneys at Law, by Mr. Jeffrey P. Sweetland, on behalf of the Union.

Michael, Best & Friedrich, LLP, by Mr. Jonathan O. Levine, on behalf of the Hospital.

ARBITRATION AWARD

The above-captioned parties, herein "Union" and "Hospital", are signatories to a collective bargaining agreement providing for final and binding arbitration. Pursuant thereto, hearing was held in Milwaukee, Wisconsin, on October 1, 1998. The parties thereafter informed me via a March 19, 1999, letter from Attorney Jeffrey P. Sweetland that the parties have agreed to the entry of the following resolution of the 4-Center grievances:

In attempting to provide adequate staff, the Hospital is free to consider a variety of options and determine, under the particular circumstances, which, if any, and in what order staffing options should be pursued. Staffing options the Hospital is free to consider include,

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but are not limited to: (1) seeking volunteers from among the regular staff on the unit; (2) calling float pool and other staff who the Hospital has determined are qualified to work on the unit; (3) using agency employees; and (4) using mandatory overtime. The Charge Nurse will inform the supervisor or manager of perceived staffing needs for the following shift and will cooperate with the supervisor or manager in meeting those needs. However, it is not the responsibility of the Charge Nurse to determine whether those needs shall be met through the use of mandatory overtime or to mandate overtime. This resolution shall serve as a precedent for the parties, but it shall have no effect on and shall not be admissible in the pending Strelow arbitration.

Dated at Madison, Wisconsin this 4th day of May, 1999.

Amedeo Greco, Arbitrator

AAG/gjc

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