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1

• Welcome to the Pharmacists
• UFCW Representation PowerPoint Presentation

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UFCW Representationon behalf of pharmacists

• Pharmacists on Staff
• Board of Pharmacy
• Lobbying power of California State Federation
  of Labor
• Negotiated contracts include defined benefit
  plans and retiree health and welfare

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Currently LicensedPharmacists on Staff

• Mike Straeter, President UFCW 1442
• Cheryl Butler, Union Representative UFCW 770

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Board of Pharmacy

• 2 members are employed by UFCW (Andrea Zinder,
  Richard Benson)
• No representation by Guild for professional
  pharmacists
• 2 public seats have not been filled (Governor
  Schwartzeneger has not made this a priority)
• No retail staff pharmacists currently on Board,
  only representation retail staff pharmacists have
  is through UFCW board members.

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Board of Pharmacy Overview

• Created in 1891
• Responsible for enforcing federal and state law
  pertaining to the acquisition, storage,
  distribution and dispensing of dangerous drugs
  (including controlled substances) and dangerous
  devices

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Board of Pharmacy

• 13 members
• 6 out of 13 are public members
• 11 out of 13 are appointed by governor
• 1 is appointed by senate pro tem
• 1 is appointed by speaker of assembly
• 4 year terms

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Board Overview

• Board Meetings
• Public
• Quarterly
• Dates, Locations, Agendas, Minutes, and Materials
  are Available from Website
• 6 Hours of CE for Attending Pharmacists

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Board Committees

• Strategic Plan establishes 5 committees
• Communication and Public Education
• Licensing
• Enforcement
• Legislation and Regulation
• Organizational Development
• Articulates goals and develops action plans.

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Board of Pharmacy

• Committees meet between public meetings and bring
  recommendations to full board meetings
• UFCW representatives most active in legislative
  and regulation committee, public education
  committee and enforcement committee

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Lobbying Power

• UFCW monitors all new legislation as introduced
• UFCW has strong allies in senate and assembly
• UFCW has complete backing of California State
  Federation of Labor (2.1 million members strong)
  tremendous clout in legislature

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Negotiated collective bargaining agreements

• Pharmacists participate in Taft-Hartley Trust
  Funds for health and welfare and pension
  benefits.
• Over 10,000 active participants in trust funds
  enhance funds viability
• Trust Funds regulated by Federal ERISA laws.

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Recent Issues Affecting Pharmacists in California

• NAPLEX
• Staffing ratios
• Lunches and breaks
• Pharmacists in Charge

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NAPLEX

• UFCW lobbied for many years to preserve
  independent test for licensure in California
• Pharmacists Guild did not participate in lobbying
  efforts
• CPhA eventually agreed to convert to NAPLEX
• Pharmacists must pass California State
  jurisprudence exam for California license

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Staffing Ratios

• Technicians The following language was included
  in statute at insistence of UFCW lobbyists
• Section 4115. A pharmacist scheduled to
  supervise a second pharmacy technician may refuse
  to supervise a second pharmacy technician if the
  pharmacist determines, in the exercise of his or
  her professional judgment, that permitting the
  second pharmacy technician to be on duty would
  interfere with the effective performance of the
  pharmacists responsibilities under this chapter.
  (cont.)

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Staffing Ratios (continued)

• A pharmacist assigned to supervise a second
  pharmacy technician shall notify the pharmacist
  in charge in writing of his or her determination,
  specifying the circumstances of concern with
  respect to the pharmacy or the pharmacy
  technician that have led to the determination,
  within a reasonable period, but not to exceed 24
  hours, after the posting of the relevant
  schedule. No entity employing a pharmacist may
  discharge, discipline, or otherwise discriminate
  against any pharmacist in the terms and
  conditions of employment for exercising or
  attempting to exercise in good faith the right
  established pursuant to this paragraph.

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Lunches and Breaks

• The following language was included in regulation
  at insistence of UFCW lobbyists
• B P code 1714.1(a) In any pharmacy that is
  staffed by a single pharmacist, the pharmacist
  may leave the pharmacy temporarily for breaks and
  meal periods pursuant to Section 512 of the Labor
  Code and the orders of the Industrial Welfare
  Commission without closing the pharmacy and
  removing ancillary staff from the pharmacy if the
  pharmacist reasonably believes that the security
  of the dangerous drugs and devices will be
  maintained in his or her absence (cont.)

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Lunches and Breaks (Continued)

• If in the professional judgment of the
  pharmacist, the pharmacist determines that the
  pharmacy should close during his or her absence,
  then the pharmacist shall close the pharmacy and
  remove all ancillary staff from the pharmacy
  during his or her absence.

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Pharmacist in Charge

• The following was included in the regulation at
  the insistence of UFCW lobbyists
• B P Section 1709.1(f) A pharmacist may refuse
  to act as a pharmacist-in-charge at a second
  pharmacy if the pharmacist determines, in the
  exercise of his or her professional judgment,
  that assuming responsibility for a second
  pharmacy would interfere with the effective
  performance of the pharmacists responsibilities
  under the Pharmacy Law. (cont.)

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Pharmacist in Charge (Continued)

• A pharmacist who refuses to become a
  pharmacist-in-charge at a second pharmacy shall
  notify the pharmacy owner in writing of his or
  her determination, specifying the circumstances
  of concern that have led to that determination.
• (g) A person employing a pharmacist may not
  discharge, discipline, or otherwise discriminate
  against any pharmacist in the terms and
  conditions of employment for exercising or
  attempting to exercise in good faith the right
  established pursuant to this paragraph.

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UPCOMING CALIFORNIA PHARMACY ISSUES
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Language From Collective Bargaining Agreement
between Sav-on and Pharmacists Guild

• 15. GROUP HEALTH AND WELFARE BENEFITS
• The Employer will administer a Health Care Plan
  as said Plan may be changed, substituted,
  altered, or amended by the Employer. Eligible
  full-time bargaining unit pharmacists will be
  provided medical, dental, disability, and life
  insurance benefits on the same basis as all
  exempt store employees, including General
  Managers, in the State of California and eligible
  part-time pharmacists will be provided benefits
  on the same basis as all other eligible
  California part-time staff pharmacists.

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UFCW RETIREE HEALTH WELFARE FOR PHARMACISTS
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UFCW RETIREE HEALTH WELFARE FOR PHARMACISTS
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UFCW Pharmacist Pension

• Defined Benefit Plan Based on age and years of
  service.
• Full retirement at age 60 with 10 years vesting
• Formula - 74.90 first 10 years
• 99.88 thereafter.
• Full time pharmacist pension after 30 years
  2746.60 per month.
• The pension continues to accrue after 30 years at
  the rate of 99.85 per year. As an example, a
  full-time pharmacist with 35 years will receive a
  pension of 3245.25 per month.