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Contract Training 2013-2015 SEIU and State of Oregon Collective Bargaining Agreement . SEIU Represented Agencies. Agenda. INTRODUCTIONS TRAINING OBJECTIVES Bargaining Overview & CBA Changes QUESTIONS. Introductions.

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contract training 2013 2015 seiu and state of oregon collective bargaining agreement
Contract Training 2013-2015 SEIU and State of Oregon Collective Bargaining Agreement

SEIU Represented Agencies

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agenda
Agenda

INTRODUCTIONS

TRAINING OBJECTIVES

Bargaining Overview & CBA Changes

QUESTIONS

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slide3

Introductions

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lru bargainers
Chief Human Resource Division, Labor Relations UnitLRU Bargainers

Central Table, Tom Perry & Nettie Pye

Labor Costing and Negotiaton, Erin Haney

Human Services, Nettie Pye & Neil Taylor

Institutions, Tom Perry & Sue Rossiter

ODOT, Glenn West

Special Agencies, Sue Rossiter

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slide5

Training Objectives

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training objectives
Training Objectives

Provide an overview of the bargaining process.

Provide clear understanding of the content/application of the changes.

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slide7

Bargaining Overview

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cba period bargaining calendar
CBA Period & Bargaining Calendar

CBA Period: Typically for two year terms, with bargaining scheduled around the Legislative Session.

Effective Dates: Provisions are effective on signature date, unless a date is specified within.

Bargaining Concepts: LRU will contact Agencies several months before bargaining sessions. Please track concerns with current and new language of the agreement.

Successor Bargaining: Begins December, 2014.

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slide9

CBA Changes

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article 2 recognition
Article 2 – Recognition

Incorporated LOA 02.00-99-01 regarding the procedure for exclusion of filled bargaining unit positions based on Supervisory, Managerial or Confidential status.

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article 4 term of agreement
Article 4- Term of Agreement

Change

Intent

Signature of the Parties.

Parties agreed to specific dates for some provisions.

Mutual agreement.

Historic beginning.

Effective Date: August 21, 2013 through June 30, 2015.

Time Specified: Articles are effective on August 21, unless a date is specified in the Article.

Exceptions: Personal leave & increased vacation cap effective on August 1, 2013.

Successor Negotiations: First week of December 2014.

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article 10 union rights
Article 10- Union rights

Sunset LOA 10.00-05-125 regarding employee identification numbers, and incorporate language into new Section 18.

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article 12 childcare
Article 12- Childcare

Change

Intent

Past recommendations difficult to make due various reasons.

Removed Article requiring a childcare committee to be established when the State of Oregon builds or substantially remodels a state facility over 100,000 square feet.

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article 13 contracting out
Article 13- Contracting Out

Work must stay in the Agency when it can be done by Agency workers for a lower cost with equal benefits, and there is the expertise and adequate staffing.

Quarterly reports to Union upon request, identifying contracts awarded that could be appropriately performed by bargaining unit members.

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article 20 investigations discipline and discharge
Article 20-Investigations, Discipline, and Discharge

Change

Intent

Timeliness concerns raised at bargaining table.

“Circumstances and complexities” provides leeway for individual cases that may require delayed start, i.e., criminal investigations, leave without pay, seasonal work fluctuations, etc.

Reasonable efforts to initiate investigation within thirty (30) days of becoming aware of the issue, subject to circumstances and complexities of individual cases that may delay the initiation of an investigation.

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article 20 investigations discipline and discharge1
Article 20-Investigations, Discipline, and Discharge

Upon request, agencies shall give the employee under Weingarten investigation, and his/her steward, notification of the status of the Agencies’ investigation a maximum of every thirty days (30) until completed.

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article 20 investigations discipline and discharge2
Article 20-Investigations, Discipline, and Discharge

Change

Intent

Provides closure to employee and steward when completed.

Upon completion, Agency must provide the employee and his/her steward with written notification of the disposition of the investigation.

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article 20 investigations discipline and discharge3
Article 20-Investigations, Discipline, and Discharge

Change

Elements

. Before conducting an investigation that may involve criminals matters, consult your Human Resources office or the DOJ.

Notification of “Garrity” protection, which is a Constitutional safeguard for public employees from being compelled to incriminate themselves in criminal matters.

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article 21 grievance and arbitration procedure
Article 21-Grievance and Arbitration Procedure

Change

Removed requirement that LRU sends a notice when Union has not filed an official arbitration notice within two months of its notice of intent to arbitrate. Now, a grievance will be considered “withdrawn” if Union does not file an official notice of arbitration within two months. Alleviates DAS from some administrative duties.

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article 21 grievance and arbitration procedure1
Article 21-Grievance and Arbitration Procedure

Change

Applies

Theprocedure applies to two situations: (1) articles exclusively applying to temporary workers, or (2) on other grievances when mutually agreed between the Employer and Union. For example, email abuses.

Sunset LOA 21.00-99-06 and incorporated modified language into the contract on the expedited arbitration procedure.

The procedure requires arbitration hearings to be completed within one (1) business day unless otherwise agreed upon by the Parties.

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article 26 differentials
Article 26- Differentials

Pesticide/Herbicide Spray Differential: Raised to $1.25/hr from $0.75/hr.

Lateral Classification Assignment Differential: For employee assigned for 10 or more consecutive calendar days to a lateral classification with the same salary range base number but a higher salary schedule. The employee is paid at the lowest step in the new schedule that provides the employee an increase in his/her base rate of pay.

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article 26 differentials1
Article 26- Differentials

Example-Lateral Classification Assignment Differential-Represented to Represented: A represented Program Analyst 3, SR 29, begins a rotation as a represented Information System Specialist 6 , SR 29I.  In the past, this employee would not receive any additional compensation because the base salary range number is the same (29).  With the new language, the employee would receive the lowest step in the new schedule that provides the employee with an increase. 

*PA3, SR 29, Step 5 =5098.  The next lowest step that provides the employee with an increase would be ISS 6, SR 29I, Step 5= $5,226.  The employee would receive a fixed differential of $128 /mo during the assignment.

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article 26 differentials2
Article 26- Differentials

Example--Lateral Classification Assignment Differential-Represented to Management: Program Analyst 4, SR 31, begins a rotation as a management service PEM/D, SR 31X. In the past, this employee would not receive any additional compensation because the base salary range number is the same (31). With the new language, the employee would receive the lowest step in the new schedule that provides the employee with an increase.

*PA4, SR 31, Step 5 =5604. The next lowest step that provides the employee with an increase would be PEM/D, SR 31X, Step 5=5839. The employee would receive a fixed differential of $235 /mo during the assignment.

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article 27 salary increase
Article 27- Salary Increase

December 1, 2013, employees will receive a 1.5% COLA increase to be paid on January 1, 2014.

December 1, 2014, employees will receive a 2.0% COLA increase to be paid on January 1, 2015.

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slide25

Salary Range Selectives: July 1, 2013

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slide26

Clinical Psychologists 2’s – all employees Step 3 and below shall receive an immediate step upon implementation, but no more than one step.

Salary Range Selectives: July 1, 2013

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article 31 insurance
Article 31-Insurance

Status Quo: Continue 95% monthly contribution towards PEBB health, vision, dental and basic life insurance benefits for employees.

Least Cost Incentive: Plan Year 2015, 97% monthly contribution towards PEBB health, vision, dental and basic life insurance for full-time employees who enroll in the least expensive health plan available to them. This exception will only go into effect when 95% of employees have at least 2 plan options to choose from.

Subsidy: State will pay up to an additional forty dollar monthly subsidy to employees with salaries equivalent to or below Step 1 of Salary Range 21.

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article 43 career development
Article 43- Career Development

Employees shall receive information about career paths and promotional opportunities within State Agencies as part of an employee’s annual performance evaluation.

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article 45 filling of vacancies
Article 45- Filling of Vacancies

Interview Leave: Incorporated LOA that provides employees with Interview Leave (payroll code “IT”) for positions within their Agency when it occurs during work hours, and up to 4 hours of Interview Leave when interviewing with another state agency that occurs during work hours.

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article 49 trial service
Article 49- Trial Service

Change

Application

No longer need a Letter of Agreement.

Already have ability to extend for leave without pay exceeding 15 calendar days.

Management may extend an employee’s trial service for the purpose of developing the skills and/or knowledge necessary for competent job performance. Written notice of the extension will be provided to the employee and a copy of the extension will be forwarded to SEIU HQ and DAS Labor Relations.

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article 55 personal leave days
Article 55- Personal Leave Days

Change

Interpretation

Full time employees can take their 24 hours of personal business even if they know they will be retiring or leaving state service.

Part time, seasonal and job share employees will receive a prorated amount as long as it is anticipated that they will work 1040 hours during the fiscal year.

Agencies may no longer recoup personal leave (personal business) when an employee fails to work 1,040 hours in the fiscal year.

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article 56 sick leave
Article 56- Sick Leave

Medical Separation: Once they have exhausted all available leave balances, employees with a serious medical condition may submit a written request to receive a “medical separation.”

The request shall be granted, unless the employee is under investigation for performance and/or misconduct unrelated to the exhaustion of leave.

Employees who receive a medical separation must be notified of the reemployment provision in Article 45, Section 2(e).

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article 56 sick leave1
Article 56- Sick Leave

Medical Separation Process: Must be granted unless the employee is under investigation for performance and/or misconduct unrelated to the exhaustion of their leave. For example, if they are in and out of leave without pay due to their documented medical condition, and are under investigation, the separation must be granted.

It should be coded with PA code “520- 8K”.

Once granted, employees need to be informed of the reemployment provision in Article 45, Section 2(e). This section states, “An employee who separated from a position in good standing may be reemployed within two (2) years to a position in the same or lower classification upon approval of the Appointment Authority. The employee must meet the minimum and special qualifications of the position and must make written application for reemployment.” It is not a guarantee and is subject to Appointing Authority approval.

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article 56 sick leave2
Article 56- Sick Leave

Change

Intent

Not required to use paid leave when receiving disability payments under approved FMLA or OFLA. This is more generous than OFLA, which allows employers to require employees use paid leave while receiving disability payments.

Clarifier that paid leave is to be used in conjunction with FMLA or OFLA consistent with the leave provisions of Article 56 and other leave provisions, unless the employee is receiving payments from a disability provider.

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article 56 sick leave3
Article 56- Sick Leave

Change

Intent

Consistency with DAS policy.

When no operational barriers exist, requests for hardship leave donations across agencies shall not be arbitrarily denied.

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article 57 bereavement leave
Article 57- Bereavement Leave

Added aunt, uncle, niece and nephew to definition of “immediate family.”

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article 61 leaves of absence without pay
Article 61- Leaves of Absence Without Pay

Union Leave: Employees may request a leave of absence without pay to work for the union for a shorter period of 40 consecutive hours within a workweek.

Standards: Approval is still subject to operational requirements, sufficient notice and no increased cost to the Agency.

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article 66 vacation leave
Article 66- Vacation Leave

Changed maximum vacation accumulation from 325 hours to 350 hours.

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article 101 and 101t safety and health
Article 101 and 101T- Safety and Health

Change

Intent

Union felt there were areas where this was lacking. Additionally, the union wanted to add language regarding bullying behavior to 101 and a separate complaint process. The Maintaining a Professional Workplace Policy is already included in 101, and therefore grievable. We drafted language to add into the policy rather than having separate language in the contract. The policy is currently going through the review process.

Agencies will provide trauma training and critical incident stress debriefing. If the union believes additional employees need trauma training, they may raise it up in the Agency Labor Management Committee. Requires an annual report of current positions receiving training, noting any added in the previous twelve months, to the Statewide Safe and Healthy Workplaces Committee.

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article 121 new education training and development
Article 121 (New) Education, Training, and Development
  • Incorporated LOA 121.00-99-41. Requires agencies to offer the training program developed by OSHA entitled, “Violence in the Workplace” or some other suitable Agency program, as determined by the Agency.

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slide41

Existing Letters of Agreement

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loa 00 00 99 46 joint committee on salary surveys
LOA 00.00-99-46- Joint Committee on Salary Surveys

Change

Intent

Allows the Parties to explore and discuss alternative approaches on market studies.

Modifications: Joint Committee on Salary Surveys will continue unless mutual agreement on an alternate process for reviewing market comparisons.

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loa 31 00 00 05 135 pt health insurance subsidy and loa 31 00 11 226 letter of clarification pt
LOA 31.00-00-05-135 PT Health Insurance Subsidy and LOA 31.00-11-226 Letter of Clarification PT

Change

Continues the PT employee subsidy contribution amounts through 2013. Effective Plan Year 2014, the subsidy dollar contribution will be capped at the Plan Year 2013 dollar amounts.

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loa 32 00 99 17 article 32 overtime procedure for determining overtime exempt or non exempt status
LOA 32-00-99-17 Article 32-Overtime-Procedure for Determining Overtime Exempt or Non-exempt Status

Change

Effect

Union will no longer initiate the request.

Clarified that employees could challenge their position’s FLSA designation by providing notice and requesting a desk audit by the Agency Human Resources Department.

The Agency shall conduct the desk audit and make a determination in writing within 30 days of the request, or as extended by mutual agreement.

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loa article 80 change in classifications specifications loa 80 00 09 181
LOA-Article 80 Change in Classifications Specifications(LOA 80.00-09-181)

Change

Intent

Commitment & incentive to complete classification studies that have been in this LOA for an extended period of time.

  • Market studies for the General Clerical/Technical study and Health Study Work Package 1 and 2 must be completed no later than November 1, 2014 or the classifications will be moved from their current salary range to a salary range two ranges higher.

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loa article 80 change in classifications specifications loa 80 00 09 1811
LOA-Article 80 Change in Classifications Specifications(LOA 80.00-09-181)

Change

Timeline

Health Study Work Packages 1 and 2 must be completed in time for bargaining 2015 and Health Study Work Packages 3,4,5,6,7,and 8 must be completed in time for bargaining 2017.

Market studies for Health Study Work Packages 3-8 must have the market study updated by November 1, 2016. Additionally, the classification studies for these work packages must be completed no later than June 30, 2016. If not completed, any compensation Change resulting from the studies will become effective July 1, 2016.

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slide47

New Letters of Agreement

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loa mass transit
LOA Mass Transit

Change

Intent

State is proposing to add the Commuter Benefit Program to our current flexible spending contract with ASIFlex. This would provide employees with the ability to purchase Mass Transit passes or pay van pool fares pre-tax.

Pre-tax Incentive: Employer shall make available to all employees the ability to purchase Mass Transit passes or pay van pool fares with a pre-tax payroll deduction no later than January 1, 2015. The Employer will notify employees of this opportunity during health insurance open enrollment.

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loa safe and healthy workplaces
LOA Safe and Healthy Workplaces

Statewide Labor Management Committee on Safe and Healthy Workplaces. The committee will meet 6 times per year and is comprised of 3 Employer representatives and 3 union representatives. The purpose of the committee is to:

Develop strategies to promote safety and health in the workplace

Provide support and direction to local LMC’s.

Referrals from local LMC’s on safety and health issues that cannot be resolved. Recommends resolution to the DAS Director, who shall respond to recommendations within 45 days.

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loa step slide
LOA Step Slide

Equity: SEIU represented employees who were hired between July 1, 2009 and June 30, 2010 received a step increase on their SED after August 30, 2010, while those hired previously who were on the first step in their salary scale on June 30, 2009 did not receive the corresponding step increase. As a result, employees with less seniority are paid one step higher than their more senior co-workers. In order to fix this inequity, the affected employees will receive a one step increase effective July 1, 2013, without a change to their SED, provided the following conditions apply:

The employee has continuously been a member of the SEIU bargaining unit from July 1, 2009 through implementation of the 2013-2015 SEIU CBA

The employee has received no “make-up” step or received an extra meritorious step increase since July 1, 2009.

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loa dmv recruitment and retention differential
LOA DMV Recruitment and Retention Differential

Change

Intent

Recruitment and retention difficulties of DMV AS1’s assigned to work in correctional facilities.

Administrative Specialist 1’s assigned to work directly with inmates inside the security fences of a State of Oregon correctional facility will receive a 5% pay differential. This will result in a 10% total pay differential above their current base rate of pay for all hours worked during the assignment.

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loa pebb member advisory committee
LOA PEBB Member Advisory Committee

Creation: PEBB is directed to create and staff a PEBB Member Advisory Committee (PMAC). This committee replaces the HEM Committee.

Composition: PMAC will be comprised of PEBB members, including both management and labor, with up to 4 members appointed by the Union. Appointments will be for a 2 year period.

Schedule: The committee will meet at least once per calendar quarter

Purpose: The committee will provide advice on: member engagement; health and welfare strategies including the Health Engagement Model, Education; and engaging members as active participants in their health.

Requirements: PEBB is required to present updates to the PMAC about the progress towards its vision of better health, better care and affordable costs.

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loa telecommuting
LOA Telecommuting

Employees, where suitable, may telecommute or telework pursuant to the statewide Telecommuting and Teleworking Policy (50.050.01).

No request to telecommute or telework shall be unreasonably denied.

Grievances may only proceed to Step 3 of the grievance procedure (DAS Labor Relations) and are not arbitrable.

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loa article 46 return to classified service
LOA Article 46- Return to Classified Service

Petition: SEIU and DAS would jointly petition the February 2014 session of the Oregon Legislature to modify ORS to permit limitations on restoration rights of unclassified, exempt and management service employees.

Provisions: Employees who are in service as of December 31, 2014 retain return right to their former SEIU represented position if it was immediately prior and within 3 years of their appointment to exempt, unclassified or management service.

Employees who enter management service, unclassified or exempt service after December 31, 2014 shall have no right of return to SEIU, unless the employee is being removed from trial service.

Implementation: If the modification is granted, SEIU and DAS will incorporate language into the CBA 30 days from passage.

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loa pebb 2015 composite rate reduction 2014 cola timing
LOA PEBB 2015 COMPOSITE RATE REDUCTION/2014 COLA TIMING

Change

Intent

Adjusts the December 2014 COLA one month earlier, if PEBB rates increase between 1.8% and 3.4% for 2015 or two months earlier if PEBB rates increase less than 1.8%.

For every one and six tenths percent (1.6%) that the 2015 PEBB projected composite rate is below the projected five percent (5.0%) increase for Plan Year 2015, the two percent (2.0%) across the board pay increase will be paid one (1) month earlier than the December 1, 2014 increase.

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slide56

Questions

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