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PREAMBLE

It is the purpose of this Agreement to achieve a better understanding between the State and the Council; to provide for equitable adjustment of differences
which may arise between the parties; and to establish cooperative and constructive employment relations. To facilitate the efficient administration
of the Agreement, a designee may be substituted for specified State or Council officials cited herein.

Throughout this Agreement, “working days” means Monday through Friday excluding State holidays and a declared state of emergency where
only essential employees are required to attend work.

All rosters and lists herein are subject to the capabilities of the Payroll and Human Resources Statewide Technology (PHRST) system.

Throughout this agreement, Community Health shall mean nurses identified within this contract employed by DHSS, Division of Public Health
that are not employed by the Delaware Hospital for the Chronically Ill (DHCI).

Whenever a specific official is referenced in this Agreement, it is understood to include a designee.

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ARTICLE 1
RECOGNITION

1.1 The State recognizes the Council as the exclusive bargaining representative for all Registered Nurses (RNs) and Advanced Practice Nurses
(APNs) employed by DHSS, Division of Public Health, Community Health. This also includes all Registered Nurses and Licensed Practical Nurses
employed by DHSS/DPH at the Delaware Hospital for the Chronically Ill, Smyrna, Delaware as certified by the Delaware Public
Employment Relations Board, Representation Petition No. 97-10-220.

2. Permanent part-time employees: employees occupying permanent positions and working a regular schedule of at least 15 but
   less than 37 ½ hours per workweek.

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ARTICLE 2
MANAGEMENT RIGHTS

2.1  Except where expressly modified by the specific terms of this Agreement, the State shall retain the exclusive right to manage its workforce
operations in all areas and aspects.

2.2 All other rights not expressly modified by this agreement shall remain the function of the State.

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ARTICLE 3
COUNCIL SECURITY

3.1 All bargaining unit employees have the right to join or refrain from joining the Council.

3.2 All employees covered by this Agreement who are not, who do not become, or who do not remain members of this Council, shall upon completion
of 30 days of employment and as a condition of continued employment, pay to the Council a service fee no greater than Council dues.

3.3 The Council will obtain from employees a signed statement provided by the Council in which employees agree to become members of the
Council within 30 days of employment or, if they have objections to membership, pay the annual service fee as stated in Section 3.2 above.

3.4 The State shall notify the Council Vice Presidents at least monthly of the hiring/separation of employees covered by the Agreement.
Such notification will include: name, date of hire, separation date, leaves of absence for one complete pay cycle, name changes, change in
classification, and addresses if possible.

3.5 The State agrees each September to make available to both Council Vice Presidents upon written request bargaining information
such as alphabetical lists/rosters of the employees in the Unit. Such alphabetical lists/rosters will contain employee name, home address,
home phone number, classifications, work sites, present salary, and hire date.

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ARTICLE 4
DUES DEDUCTION

4.2 The State will submit promptly to the Council the collected dues and fees with a record of the employees’ names and amounts collected.

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ARTICLE 5
PUBLIC HEALTH NURSES COUNCIL RIGHTS

5.1  The State agrees to provide reasonable bulletin board space, or other space designated by the State in the event bulletin board space is not available,
at each worksite labeled with the Council’s name where notices of official Council matters may be posted by the Council.

5.2 The Council may post on such bulletin boards appropriate material pertaining to Council matters such as appointments, meeting announcements,
social events and election results but excluding any election or partisan campaign material. No material containing anything critical of any individual or
the State may be posted or distributed.  In addition, any material which may be detrimental to the labor-management relationship may not be posted or distributed.

5.3  Neither employees nor Council representatives shall solicit members, engage in organizational work, or participate in other Council activities
during working hours on the State’s premises except as provided for in the processing of grievances.

5.4  Employees and Council employees may be permitted to use suitable facilities on the State’s premises to conduct Council business during
non-work hours upon obtaining permission from the State.  Any additional cost involved in such use must be paid for by the Council.  The State
shall provide the Council with office space at DHCI, if available.

5.5  Duly authorized Council employees may visit the work site to investigate and discuss grievances during working hours on the State’s premises.

5.6  Council employees shall first report their presence and purpose of their visit to the Director of Nursing at DHCI or the Clinic Manager. Such
visits will not interfere with patient care or the employees’ performance of their duties.

5.7 Employees currently serving as Council Representatives whose names, titles, and shifts shall be given to the DHSS Labor Relations Office, may
request from their immediate supervisors release time to investigate and process grievances. Approval of such requests shall not be unreasonably
withheld and will be subject to the following restrictions:

5.7.1  Employees holding positions listed in 5.7 above whose work locations are in the Northern Health Services region may request release time
to process grievances arising out of the Northern Health Services Region.  Employees whose work locations are in the Southern Health Services
region may request release time to process grievances arising out of the Southern Health Services region.  DHCI employees may request release
time to process grievances arising out of DHCI with the recognition that some issues may cross nursing boundaries.

5.8 PHNC Release Time

5.8.1.The State will provide a reasonable number of employees with release time, if required, to attend negotiating meetings with the State. Employees shall provide reasonable notice to their immediate supervisor of their intention to attend grievance meetings with the State.

5.9 The State shall grant the Council fifteen minutes during DHCI classroom nursing orientation. The State shall notify the Council of new hires in DPH.

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ARTICLE 6
GRIEVANCE PROCEDURE

6.1 A grievance is defined as a dispute limited to the application or interpretation of this Agreement, except that complaints which allege a violation
of the State Merit Rules may be processed under this procedure through Step 4. The Council shall submit prior grievance decisions and supporting
documents with grievance appeals. At each step of the grievance procedure, the employee may be accompanied by a Council representative and/or
DSEA representative.

 6.1.1        The Council has the right to initiate a class grievance affecting more than one employee at Step 2 within 15 working days after the event
which gave rise to the grievance, or within 15 working days after it should reasonably have been aware of such event.  Appeals of disciplinary actions
resulting in suspension may be initiated at Step 2.  Appeals of disciplinary actions resulting in dismissal shall be initiated at Step 3 where management will present its case and the Council will present its response.

6.2  Time limits as set forth herein may be extended, in writing, by agreements of the parties. If no extension is requested by the employee or
the Council, the grievance will be considered withdrawn. However, if management fails to request an extension of time, the grievance will be
processed at the next step in accordance with the Grievance Procedure.

 6.3 Filings and appeals by fax or e-mail shall satisfy any requirements for written documents up to and including Step 3 in the Grievance Procedure.

6.4 All grievances shall be settled in the following manner:

STEP 1

6.4.1 An employee having a grievance or one designated member of a group having a grievance, or the PHNC, shall within 15 working days of the date
of the grievance, or within 15 working days of the date the grievant could reasonably be expected to have knowledge of the grievance,
meet with the employee’s Shift Nursing Supervisor or Clinic Manager and Council Representative to discuss the grievance.

 6.4.2 If within 10 working days following the meeting the grievance has not been resolved to the employee’s satisfaction, written appeal may
be made to the Shift Nursing Supervisor or Clinic Manager on forms agreed to by the parties, provided by the State. The Shift Nursing Supervisor or Clinic Manager shall give the decision in writing with the basis for the decision within 10 working days after having received the grievance.

STEP 2

6.4.3 If the decision at Step 1 does not resolve the grievance, written appeal may be made within 10 working days to the Hospital Director at DHCI or the Division Director for Public Health or their designees, who shall arrange to hear the appealed grievance within 10 working days and shall
give a written decision with the basis for the decision within 10 working days following the meeting.

STEP 3

6.4.4  If the decision at Step 2 does not resolve the grievance, written appeal may be made within 10 working days to the Secretary of Delaware
Health and Social Services (hereinafter “the Secretary”). The Secretary or the Secretary's designee, shall arrange to hear the appealed grievance within 10 working days and shall give a written decision with the basis for the decision within 10 working days following the meeting.

6.4.5 All grievance appeals must be processed and signed by the grievant or the appropriate Council Representative. STEP 4

STEP 4 

6.4.6 If the decision at Step 3 does not resolve the grievance, written appeal may be made within 10 working days to the State Director
of Human Resource Management ("Director"). The Director shall issue a written decision within 15 working days after receipt
of the appeal. Within the same time period the Director may, alternatively, upon request by the Council or upon the Deputy Director’s
own initiative, convene a meeting between the parties for the purpose of discussing a settlement to the grievance. If such meeting is convened it
shall be held no later than 30 calendar days after receipt of the appeal from Step 3.

ARBITRATION

6.4.7 If the grievance has not been resolved at Step 4, written appeal may be made to arbitration if it involves a provision of the Agreement. 
Notice of any appeal to arbitration shall be filed in writing with the Director within 10 working days from the date of the Step 4 decision;
otherwise, such grievance shall be considered withdrawn. If the grievance involves a subject governed by the Merit Rules
and is appealed, it shall be appealed to the Director,r and then the Merit Employee Relations Board pursuant to Merit Rule 18.

 6.4.8 The Arbitrator shall be selected by agreement between the Director and the Council within 15 working days.  In the event the
parties cannot agree within the 15 day period on an Arbitrator, the Arbitrator shall be selected under the Voluntary Rules of the American Arbitration Association.

 6.4.9 The decision of the Arbitrator shall be final and binding on the parties and the Arbitrator shall be requested to issue the decision
within 30 days after the conclusion of testimony and arguments.

 6.4.10 The arbitration award shall be in writing and shall set forth the Arbitrator’s opinion and conclusions on the issue(s) submitted.

 6.4.11 The Arbitrator shall limit decisions strictly to the application and interpretation of the provisions of the Agreement.

 6.4.12  The Arbitrator shall be without power to make any decision contrary to or inconsistent with, or modifying or varying in any way,
the terms of this Agreement. The Arbitrator shall have no power to establish or change any wage rate or the job content of any occupational classification.

 6.4.13 The fee for the Arbitrator’s services and expenses, the administration of the American Arbitration Association and the cost of the
proceedings shall be shared equally by the State and the Council.  If either party desires a verbatim record be made, it shall pay for the
record and make copies available to the other party for the reasonable cost of copying.

 6.4.14  In the case of a grievance involving any continuing or other money claim against the State, no award shall be made by the
Arbitrator which shall allow any alleged accruals prior to the date when such grievance shall have been presented to the State in writing
except in a case whereby the employee or the Council due to lack of knowledge, could not know there were grounds for such a claim
prior to that date. In such cases, retroactive claims shall be limited to a period of 30 calendar days prior to the date the claim was first filed in writing.

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ARTICLE 7
DISCIPLINE AND DISCHARGE

7.1  Any disciplinary action must be for just cause. Verbal counseling is not part of the disciplinary process. Employees will be given
notification of verbal counseling meetings. Employees will be given the reasons for the meeting at the time of notification.

 7.2  Dismissal actions will be held in abeyance pending the outcome of a Step 3 grievance decision.

 7.3 Employees will be given written notification of a meeting that may result in disciplinary action with the exception of immediate
removal from the workplace in accordance with Section 7.7 or abuse investigations. The employee will be given the reason for the meeting at the time of the notification. 
The employee shall receive written notification when disciplinary action is being recommended. The employee may have a Council representative present at any such meetings.

 7.4 Probationary employees may not challenge any disciplinary action under the grievance and arbitration provisions contained in this Agreement.

 7.5 In a discharge or suspension based upon patient abuse, the Arbitrator’s decision shall be limited to determining if the offense
actually occurred and was committed by the accused. The Arbitrator shall not consider the failure of a patient to appear at a hearing as prejudicial to the State.

 7.6 Copies of all disciplinary actions shall be sent to the respective Council Vice Presidents.

 7.7 Where employees’ continued presence in the workplace would jeopardize others’ safety, security, or be a serious violation of the public
trust (e.g. criminal, professional, and ethical standards), they may be removed immediately from the workplace without loss of pay. 
Employees may be suspended pending termination without pay provided that a management representative has first reviewed with
the employee the basis for the action and provided an opportunity for response.

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ARTICLE 8
PERFORMANCE REVIEW

8.1  Performance reviews shall be conducted within one year of the employee's last performance review, using a standardized procedure outlined in the State of Delaware Performance Review User Guide for all bargaining unit members.

 8.2 Performance reviews may be challenged through the grievance procedure up to and including arbitration when the rating is
unsatisfactory or the rating has an adverse effect on employees’ pay or status.  Minor procedural violations may be challenged
through the grievance procedure up to and including Step 3.  Minor procedural violations shall not be grounds for nullifying a
review. Arbitrators shall not substitute their judgment for that of the rater with respect to the rating; rather, the standard to be applied
in grievances arising herein is whether the rater’s rating is arbitrary and capricious.

 8.3 Where the performance review is performed by a non-nurse, a nurse designated by the State must be utilized to assist in the review.

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ARTICLE 9
SAFETY AND HEALTH

9.1 The State and the Council shall cooperate in maintaining a safe and healthful working environment.

 9.2  If employees believe that the workstation is unsafe or unhealthy, it will be reported to the immediate supervisor. If the matter
is not adjusted satisfactorily, it may be processed according to the grievance procedure.

 9.3 The State will maintain written safety procedures at each clinic, accessible to employees, which specify whom to contact
in emergency situations. These written procedures shall be available within 90 days of the signing of this Agreement. State and
Council members shall meet as a Health and Safety Committee to establish proposed written guidelines. This Committee is to be
established within 90 days of the signing of this Agreement.

 9.4 Any Public Health Nurse doing field work will have access to cellular communications. Cellular devices will be replaced or repaired at no cost to the employee provided there was not obvious abuse or misuse.

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ARTICLE 10
NON-DISCRIMINATION

10.1 The State will not interfere with or discriminate against employees in any term or condition of employment covered by the Agreement
because of membership in or legitimate activity as described in this Agreement on behalf of the Council.

 10.2 The State and the Council agree not to discriminate against employees on the basis of age, sex, marital status, race, color, creed,
national origin, or political affiliation.

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ARTICLE 11
ORIENTATION AND TRAINING

11.1 The parties recognize their mutual concern and interest in appropriate orientation. Therefore, during the probationary period, the
State will provide an organized orientation program for employees that will include subjects to be determined by the State.

 11.2 The State and the Council recognize the importance of training for employees, both to maintain current professional proficiency
and to develop skills to meet the requirements of the future.  Accordingly the State agrees to:

 11.2.1 Make available 15 contact hours of instruction per calendar year for the purpose of maintaining licensure. PHNC APNs required to have prescriptive authority as part of their duties will have additional contact hours made available for the purpose of maintaining that authority. At DHCI, nurses approved for training will be excused from work on their shift for that day without loss of pay. Consistent with operational needs, nurses whose instruction loasts four hours or less will have schedules flexed as mutually agreed between management and the employee. A committee comprised of representatives from DHCI and PHNC shall develop a policy to establish an efficient and equitable system to enable DHCI nurses to participate in on-site instruction.

11.2.2 Provide 12 hours of in-service training per calendar year. The State will make every effort to schedule mandatory in-services during
hours with least impact on patient care.

11.2.3 When practical, the State will provide prior training to Nurses who are required to use new patient care equipment and procedures,
which would result in a change in clinical practices.

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ARTICLE 12
SENIORITY

12. Seniority at DHCI is the most recent continuous service as an employee in the bargaining unit as an RN/LPN.  Employees hired before
July 1, 1998 will have the seniority of their most recent continuous service. Seniority for Public Health Nurses is defined as the most recent continuous
service as an employee in the bargaining unit as a PHN/APN.

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ARTICLE 13
VACANCIES

13.1 DEFINITIONS

13.1.1 REASSIGNMENT, as used in this Article, is a change of duties and/or work location within the same position occurring within five miles
of the employees’ current work location. When possible, the State will provide employees with five working days notice before making permanent reassignments.

13.1.2 TRANSFER, as used in this Article, is any movement between position in the same class within the Division, or a change of work
location of more than five miles of the employees’ current work location.

13.1.3 SENIORITY, as used in this Article, is defined in Article 12

13.1.4  PROMOTION, as used in this Article, is the progression of an employee from a position in one classification to a position in another
higher rated classification.

13.2  When the State determines that a vacancy is to be filled, the following procedures shall apply:

VOLUNTARY TRANSFER

13.2.1 Within Community Health, prior to going to a referral list, the State shall notify the PHNC Vice President of vacaneis which shall be posed by the PHNC for seven work days. Employees who wish to be considered for the vacncy shall file a written request for transfer. The State shall grant the transfer
request if the employee possesses the requisite skill and ability to perform the duties of the vacant position. Where employees are relatively
equal in skill and ability, the most senior employee shall be awarded the transfer. If none of the employees requesting the transfer possess
the requisite skill and ability, the State may fill the vacancy in any manner available, including requesting a referral list.

13.2.2  The next vacancy which results from filing a vacancy by means of transfer shall be filled in accordance with 13.2.1, or by means elected by the
State if there are no successful applicants for voluntary transfer. Any subsequent vacancy which results from application of this section may be filled by
means elected by the State.

13.2.3    At DHCI, each nurse, based on their seniority and qualifications, will be offered the opportunity to state, in writing, their
desire to rotate to another floor at least once a year.

13.2.4  For the purpose of changing shifts at DHCI, a permanent list will be kept which will be signed and dated by the Employee
and initialed by the Director of Nursing or his/her designee.

13.2.5    Movements between shifts at DHCI will be afforded to the earliest dated signee, provided they possess the necessary
qualifications to fill the open position.

13.2.6    Shift vacancies at DHCI, where no one is on the permanent list, shall be posted on the bulletin board located in
Nursing Administration with copies provided to the Council representative on each shift. A vacancy shall be awarded to
the senior employee who signs for the vacancy at the time of posting, provided they possess the necessary qualifications
to fill the open position. Postings shall be for seven calendar days in duration.

INVOLUNTARY TRANSFER

13.2.7  If the State decides to fill a vacancy by means of involuntary transfer, the transfer shall be done in the inverse
order of seniority among employees having the requisite skill and ability.

PROMOTION

13.2.8 If the State decides to fill a vacancy by means of promotion, the following procedure shall apply:

13.2.9    The candidate shall meet the minimum requirements of the class specification. 
Consideration shall be given to qualifications, performance record, seniority, conduct, and where applicable, the results of competitive examinations.

13.2.10 No grievance may be maintained concerning a promotion except where:

• A.)        The person who has been promoted does not meet the minimum qualifications;

• B.)         There has been a violation of Article 10 of this Agreement; or

• C.)        There has been a gross abuse of discretion in the promotion.

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ARTICLE 14
LAYOFFS AND PROBATIONARY PERIODS

14.1  Where the State deems it necessary to institute a layoff, employees will be laid off in the inverse order of seniority, provided employees
are relatively equal in skill and ability. Where practicable, employees affected by a layoff will receive 30 days advance notice of the pending layoff. 
Employees affected by a layoff may bump into lower level positions held by less senior employees provided, however, that employees exercising their
bumping rights possess the requisite seniority, skill and ability to perform the duties of those lower level positions.

14.1.1 Employees who are laid off shall have recall rights for a period of two years. During that time, employees may be recalled into previously
held positions within the bargaining unit in the inverse order of layoff, provided that they have the requisite skill and ability to perform the duties of
the positions to which they seek to be recalled.

14.2  Bargaining unit members shall be subject to a probationary period of six months.  Management reserves the right to extend the probationary period up to six additional months for poor performance or while serving a disciplinary consequence. The probationary period may be extended beyond 12 months by mutual consent of the State and the Council.

14.3 The State will publish separate seniority rosters for DHCI and Public Health Nurses. Each roster will be posted at the respective worksite
and include name, seniority date and job class by February 15 each year and a copy will be sent to each Council Vice President. Employees will
have until March 1 of each year to notify the State, in writing, of any errors in his/her seniority date. The seniority roster will become finalized and
posted as of March 15 each year.

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ARTICLE 15
LEAVES OF ABSENCE WITHOUT PAY

15.1 Employees may request up to five days of leave without pay for personal reasons in any calendar year.

 15.2  Employees may request a leave without pay for up to one year. In exceptional cases, an additional six months may be granted.

 15.3 No leave request shall be granted without the State’s prior approval.

 15.4 Employees falling under the scope of this Agreement serving as a paid staff person of the Council shall be granted a leave of absence without pay for the period of such service not to exceed a period of two years. The leave of absence will be valid only for the period employees are serving in the capacity of a paid staff person.

 15.5 Seniority rights shall be protected and shall be accumulated during any authorized leave of absence. 

 15.6  Employees returning from authorized leaves of absence shall be placed in the same or equivalent position as held prior to the leave.

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ARTICLE 16
VACATION SCHEDULING

The following procedure will be used for the selection of vacation leave by Council Employees at DHCI:

16.1 Seniority for the purpose of this Article is defined in Article 12.

16.2  Vacation leave selection will begin on October 1 and end by November 15 of the previous calendar year for the following
calendar year. It is the employee’s responsibility to request annual leave.

16.3 The shift/building supervisor shall create a vacation calendar listing the availability of vacation leave for the following calendar year
based on shift and building. A vacation calendar, listing the availability of vacation leave for the following calendar year based on shift, shall be available at the Resource Center on the share dirver/computer data base (read only).

16.3.1 Each shift will have separate vacation calendars. A minimum of two nurses per shift shall be allowed off at the same time.  

16.3.2 Employees cannot use vacation days to request off on a holiday.

16.4 Employees will select vacation leave in a series of three rounds.

16.4.1 The employee is limited to a maximum of 10 vacation days in each round.

16.4.2   Employees may request annual leave on a scheduled work weekend, at least 2 weekends per round. .

16.4.3    Round 1—The Resource Center will notify the Council when Round 1 begins. The Resource Center clerk will meet with the
employees in order of seniority for vacation selection. An employee has the option to select a delegate to represent them for their turn at vacation selection. The selection of a delegate shall be done by written notification to the Resource Center advising the Resource Center to contact the chosen delegate when it is their turn at vacation selection. The Resource Center will notify the employee or their delegate through written (e-mail) notification when it is their turn to select vacation. Employees or their designee, will have a maximum of 24 hours from receipt of written (e-mail) notification from the Resource Center to select vacation. If the employee or their designee fails to respond within 24 hours or receipt of notification, the employee loses their chance to select vacation in that Round. The Resource Center Clerk will then move to the next most senior employee for vacation selection.

16.4.4    Round 2—The Resource Center will present the vacation calendar to employees in order of seniority again. 
The rules governing Round 1 apply in Round 2. 

16.4.5  Annual leave for a period in excess of 10 consecutive work days may be granted provided no one else requested annual
leave during the requested period, and it does not interrupt the orderly operation of the facility.

16.4.6    The completed vacation schedule shall be posted in a secure location for all staff to see.

16.4.7    Round 3—After the completion of Round 2, vacation requests will be submitted 30 days in advance and will be granted
on a first-come, first-serve basis. A Resource Center clerk will time, date, and initial the request upon receipt. A Resource Center clerk is responsible to revise
the vacation calendar based on this request.

16.5  Management has the right and responsibility to insure adequate staffing.  Denial of pre-approved vacation leave should occur only in emergency situations, after implementation of the Mandatory Overtime Policy, after deploying nurses not in direct care positions, and be the last option
to insure adequate staffing.

16.5.1. Pre-approved vacation means that the employee must have adequate leave time available to cover the entire period requested at the start of the requested leave.

16.5.2. If it is necessary to cancel pre-approved vacation leave under such an emergency, the cancellations will occur in inverse order of seniority.

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ARTICLE 17
HOLIDAY SCHEDULING

17.1 At DHCI, employees are required to work six holidays per calendar year (excluding Election Day and Return Day).  Employees will work alternating holidays.

 17.2    If an employee fails to work a scheduled holiday, the employee may be required to work their next scheduled holiday off. Trading days off,
voluntarily working a holiday, or leave of absence will not change the holiday rotation.

 17.3  Each employee will be assigned to a rotation and will not be permitted to change rotation.

17.4 The State has the right and responsibility to insure adequate staffing. Denial of a scheduled holiday should be the last option to insure adequate staffing.

17.5  If it is necessary to cancel a scheduled holiday due to an emergency situation as described in 16.5, the cancellations will occur in inverse order of seniority.

17.6 All holidays off are contingent on having adequate staffing. Vacation schedules must take into account the holidays that an employee works.

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ARTICLE 18
JURY DUTY

18.1 At DHCI, when an employee receives notice for jury duty, that employee will meet with the scheduling supervisor to mutually discuss any
problems that may arise and their resolution, such as trading day off with another nurse, use of vacation time or comp time, use of Sunday as a day off.

18.2  An employee at DHCI, who is assigned to the 11-7 or 3-11 shift and is placed on jury duty may be assigned to 7-3 shift for the duration of that jury duty.

18.3 Employees who are required to report daily to serve on a jury, shall return to work within a reasonable time on days they are released from jury duty.

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ARTICLE 19
HOURS OF WORK

19.1 The normal work schedule for DHCI shall consist of a specified number of work days starting at 12:01 a.m. Sunday and ending 12:00
Midnight on the second following Saturday consisting of not more that 75 hours for a full-time employee.

 19.2 For Public Health Nurses, the standard work week shall consist of five workdays, Monday through Friday, totaling 37 ½  hours. 
Requests from full-time or part-time employees to work compressed schedule of four days or flexible schedules are subject to approval
by the State based on client needs and operational requirements. Such requests shall not be unreasonably denied.

19.3 Except for those Public Health Nurses working compressed or flexible work weeks, the normal work day shall be 7 ½  hours in length,
and run from 8:00 a.m. to 4:30 p.m., with a one-hour unpaid lunch period and two ten-minute breaks. Neither the lunch period nor the break
periods shall be taken during the first 60 minutes of the work day, nor during the last 60 minutes of the work day. The hours of work for employees
working in clinics may be extended until 8:00 p.m., one day per week, excluding Friday.

 19.4  Hours and days beyond those described in 19.2. and 19.3 may be established to respond to urgent health events that require timely
community intervention such as communicable disease outbreak investigation, treatment, and response to environmental health crises. 
Directly observed therapy ("DOT") will be done during normal work hours unless medically necessary. Routine DOT is not considered an urgent health event as described above.

 19.5 Staffing for extended hours pursuant to 19.3 and 19.4 above shall be made within classification and job assignment in the following manner:

• ·        Flexible and compressed schedules

• ·        Volunteers (If there is more than one volunteer, the most senior employee will be selected)

• ·        Rotating basis by inverse seniority.

19.6 Mandatory Overtime

19.6.1 Every effort will be made to avoide the mandatory overtime assignment of nurses. In the event a shift is understaffed and the possibility of mandatory overtime exists, the procedures in the current policy or as it may be mutually amended shall be followed.

19.6.2. The State agrees to meet with the Union on a minimum of an annual basis, as needed, to create and/or revise an equitable set of guidelines regarding the issue of Mandatory Overtime.

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ARTICLE 20
SHELTERS AND EMERGENCY SITUATIONS

20.1 Nurses scheduled to cover the shelter may request from their supervisor that additional nurses are needed to effectively manage the client population.

20.2 In inclement weather/hazardous conditions, nurses may make transportation requests to and from the shelter at least two hours prior to the beginning or end of their shift. The State will make every effort to accomodate transportation requests.

20.3  The nurse scheduled to cover the shelter will be notified as soon as possible after the decision to open the shelter is made. This nurse
will be expected to arrive at the shelter as soon as possible.

20.4 Northern Health Services and Southern Health Services shall maintain an up-to-date rotational schedule for assignment at shelters. Such
rotational schedules shall be posted at each work site.

20.5 Nurses who work beyond their normal work day in a shelter may request to use compensatory time to be excused from all or part of their
regulatory scheduled work shift the following day.

20.6 Nurses staffing emergency shelters will be scheduled for an eight hour duty day.
Nurses will be given adequate rest and meal breaks.

20.7 For the application of overtime in emergency situations see Policy Memorandum #44
(July 19,2006).

20.8 Nurses who are required to work between 6 pm and 8 am, for a minimum of four hours,
in an emergency situation will be paid shift differential as described in Merit Rule 4.15.2
and 4.15.4.

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ARTICLE 21
WORKING CONDITIONS

21.1 The parties agree that nurses are professionals and the primary function of nurses is to perform nursing duties. Nurses will not be required
to perform the duties of the clerical or custodial staff, except in unexpected situations, and only insofar as to maintain operations. However, due
to the sensitive nature of bio-hazardous waste, nurses may be expected to perform the proper disposal of such waste.

 21.2  Assignment despite objection forms may be filled out by the individual who has an objection to an assignment.

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ARTICLE 22
PHNC LABOR/MANAGEMENT COMMITTEE

22.1 The PHNC Combined Labor Management Committee shall hold semi-annual meetings at the Division level and quarterly meetings at the
local level provided that the agenda items are received at least three work days prior to the meeting, to consider topics involving quality of work life
and other matters impacting upon the delivery of quality nursing care to the public. The Combined Labor Management Committee shall consist of representatives from each of the following: management from DPH, management from DHCI, Council representatives from DPH, and Council representatives from DHCI.

 22.2  Quarterly Local Labor Management Committee meetings shall be held at Community Health locations and DHCI. The DPH Local Labor Management Committee
shall consist of a maximum of three management and a maximum of three employee representatives, and the DHCI Local Labor Management
Committee will consist of employee representatives and mangement representatives.

22.2.1 Meetings will be held provided that agenda items are received at least five work days prior to the meeting. Agendas may be submitted by either the State or the Council.

 22.2.2  The subject matter for meetings shall include quality of work life and other matters impacting on quality nursing care to the
public (e.g. distribution of staff). Grievances or individual employee complaints shall not be discussed.

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ARTICLE 23
PERSONNEL FILES

23.1 The State will maintain personnel files for employees. Employees may review these files, or authorize others to do so, by appointment,
in the presence of the personnel file custodian.

 23.2  Disciplinary suspensions dating back more than two years, and written reprimands dating back more than one year, shall not be used
in subsequent proceedings unless employees assert their good work records in those subsequent proceedings.

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ARTICLE 24
MONETARY BENEFITS

24.1  Each June 1st, for the duration of this Agreement, the parties agree to meet regarding the
rate to be included in the Department’s policy to reimburse employees for malpractice insurance.

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ARTICLE 25
UNIFORM ALLOWANCE

25.1 The State agrees to provide an annual uniform allowance to those employees within departments or units that require uniforms as follows: An annual amount of $175.00 paid by October 31st of each year to current employees as of October 1 of each year. The State may request to reopen negotiations by December 1, 2008 on the uniforms issue only.

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ARTICLE 26
MISCELLANEOUS

26.1  The State agrees to send each Council Vice President a hard copy of any revisions in the Merit Rules as they are received.

26.2 Legal Counsel as prescribed by the Delaware Code, will be provided for employees who are sued and/or subpoenaed for proper actions taken by them in the course of their employment and within the scope of their duties and responsibilities.

26.3 The State agrees each December to make available to the Council President upon written request, Division of Public Health budgets, and reports that are necessary for negotiations and the Council’s duty of fair representation.

26.4 The State agrees to make available to the Council President upon written request the most recent Selective Market Range of salaries with the class titles and pay grade for each.

26.5 The State will make available at each work site and Nursing Unit an up-to-date copy of the Merit Rules, which shall be accessible to all employees. Employees at each work site will be notified as to the location.

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ARTICLE 27
STRIKES AND WORK STOPPAGES

27.1 During the life of this Agreement, there shall be no strikes, stoppages of work, slowdowns, or any direct or indirect interference
with the State’s operations. The Council agrees that its members will not participate in any strikes, work stoppages, work slowdowns
or any direct or indirect interference with the State’s operations. Should any of these actions occur, the Council will promptly do
whatever is necessary to effect an immediate return to normal duty, and the cessation of such interference. The State agrees that there
shall be no lockout during the life of this Agreement.

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ARTICLE 28
WAIVER AND ALTERATION OF AGREEMENT

28.1 No agreement, alteration, understanding, variation, waiver or modification of any of the terms or conditions or covenants contained herein shall be made by any    employee or group of employees with the State and in no case shall it be binding upon the parties unless agreement is made and executed in writing between the

State Labor Relations and Employment Practices and the Council.

28.2 The waiver or breach of any term or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of the terms and

conditions herein.

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ARTICLE 29
LAWS, REGULATIONS AND POLICIES

29.1   It is understood and agreed that if any part of this Agreement is in conflict with mandatory Federal or State Laws, that such part shall be suspended and the appropriate mandatory provision shall prevail, and the remainder of this Agreement shall not be affected thereby.

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ARTICLE 30
MERGER CLAUSE

30.1   The State and Council acknowledge that during the negotiations which resulted in  this Agreement, each had the right and opportunity
to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that all the
understandings and agreements arrived by the parties after exercise of that right and opportunity are set forth in this Agreement.

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ARTICLE 31
TERM OF AGREEMENT

31.1   By mutual consent of the State Labor Relations and Employment Practices and the Council a memorandum of understanding may be entered
into modifying or extending the term of this Agreement, which when signed and ratified, shall constitute an extension of the terms of this Agreement.

31.2   This Agreement shall become effective on July 1, 2006, and remain in full force and effect until 12:00 midnight June 30, 2010.
It shall be automatically renewed from year to year thereafter, unless either party shall give the other party written notice of desire to
terminate, modify or amend this Agreement. Such notice shall be given to the other party in writing by certified mail on or before
December 31st in any subsequent year.Any such notice by the Council shall be sent to the Director. Upon request of the PHNC, there shall be a re-opener on salary issues if the opportunity presents itself during the life of this contract.

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IN WITNESS WHEREOF, the parties hereto have set their hands and seal on this 17th day of August, 2009.

MEMORANDA OF UNDERSTANDING

MEMORANDA OF UNDERST

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ANDINGMEMORANDA OF UNDERSTANDING

1. A decision will be solicited from the PERB regarding the bargaining unit status of APNs employed in positions formerly referred to as Clincial Nurse Specialist (CNS). Until such determination is made, no change in the membership status of these APNs will be made.

2. Nurses working the 11pm to 7am shift shall consider the day preceding the holiday as the holiday worked and shall be eligible for holiday benefits.

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APPENDIX

The following selected Merit System Rules are provided for informational purposes only, are not negotiable, and shall not be subject to arbitration.

5.0 Employee Benefits

5.5.3 Employees may be excused from work with pay, at agency direction, for the following reasons:

5.5.3.1 To serve as a delegate to conventions of unions or employee organizations or to engage in similar job-related activities, not to exceed 37.5 hours (37.5 hour weekly schedule) or 40 hours (40 hour weekly schedule) on a pro-rata basis in any calendar year.

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