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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. 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

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  1. Contract Training 2013-2015 SEIU and State of Oregon Collective Bargaining Agreement SEIU Represented Agencies O:\LRU\Training\SEIU-CBA\2013-2015

  2. Agenda INTRODUCTIONS TRAINING OBJECTIVES Bargaining Overview & CBA Changes QUESTIONS O:\LRU\Training\SEIU-CBA\2013-2015

  3. Introductions O:\LRU\Training\SEIU-CBA\2013-2015

  4. Chief Human Resource Division, Labor Relations Unit LRU 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 O:\LRU\Training\SEIU-CBA\2013-2015

  5. Training Objectives O:\LRU\Training\SEIU-CBA\2013-2015

  6. Training Objectives Provide an overview of the bargaining process. Provide clear understanding of the content/application of the changes. O:\LRU\Training\SEIU-CBA\2013-2015

  7. Bargaining Overview O:\LRU\Training\SEIU-CBA\2013-2015

  8. 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. O:\LRU\Training\SEIU-CBA\2013-2015

  9. CBA Changes O:\LRU\Training\SEIU-CBA\2013-2015

  10. 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. O:\LRU\Training\SEIU-CBA\2013-2015

  11. 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. O:\LRU\Training\SEIU-CBA\2013-2015

  12. Article 10- Union rights Sunset LOA 10.00-05-125 regarding employee identification numbers, and incorporate language into new Section 18. O:\LRU\Training\SEIU-CBA\2013-2015

  13. 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. O:\LRU\Training\SEIU-CBA\2013-2015

  14. 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. O:\LRU\Training\SEIU-CBA\2013-2015

  15. 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. O:\LRU\Training\SEIU-CBA\2013-2015

  16. 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. O:\LRU\Training\SEIU-CBA\2013-2015

  17. 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. O:\LRU\Training\SEIU-CBA\2013-2015

  18. 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. O:\LRU\Training\SEIU-CBA\2013-2015

  19. 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. O:\LRU\Training\SEIU-CBA\2013-2015

  20. 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. O:\LRU\Training\SEIU-CBA\2013-2015

  21. 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. O:\LRU\Training\SEIU-CBA\2013-2015

  22. 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. O:\LRU\Training\SEIU-CBA\2013-2015

  23. 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. O:\LRU\Training\SEIU-CBA\2013-2015

  24. 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. O:\LRU\Training\SEIU-CBA\2013-2015

  25. Salary Range Selectives: July 1, 2013 O:\LRU\Training\SEIU-CBA\2013-2015

  26. 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 O:\LRU\Training\SEIU-CBA\2013-2015

  27. 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. O:\LRU\Training\SEIU-CBA\2013-2015

  28. 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. O:\LRU\Training\SEIU-CBA\2013-2015

  29. 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. O:\LRU\Training\SEIU-CBA\2013-2015

  30. 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. O:\LRU\Training\SEIU-CBA\2013-2015

  31. 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. O:\LRU\Training\SEIU-CBA\2013-2015

  32. 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). O:\LRU\Training\SEIU-CBA\2013-2015

  33. 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. O:\LRU\Training\SEIU-CBA\2013-2015

  34. 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. O:\LRU\Training\SEIU-CBA\2013-2015

  35. 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. O:\LRU\Training\SEIU-CBA\2013-2015

  36. Article 57- Bereavement Leave Added aunt, uncle, niece and nephew to definition of “immediate family.” O:\LRU\Training\SEIU-CBA\2013-2015

  37. 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. O:\LRU\Training\SEIU-CBA\2013-2015

  38. Article 66- Vacation Leave Changed maximum vacation accumulation from 325 hours to 350 hours. O:\LRU\Training\SEIU-CBA\2013-2015

  39. 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. O:\LRU\Training\SEIU-CBA\2013-2015

  40. 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. O:\LRU\Training\SEIU-CBA\2013-2015

  41. Existing Letters of Agreement O:\LRU\Training\SEIU-CBA\2013-2015

  42. 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. O:\LRU\Training\SEIU-CBA\2013-2015

  43. 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. O:\LRU\Training\SEIU-CBA\2013-2015

  44. 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. O:\LRU\Training\SEIU-CBA\2013-2015

  45. 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. O:\LRU\Training\SEIU-CBA\2013-2015

  46. 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. O:\LRU\Training\SEIU-CBA\2013-2015

  47. New Letters of Agreement O:\LRU\Training\SEIU-CBA\2013-2015

  48. 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. O:\LRU\Training\SEIU-CBA\2013-2015

  49. 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. O:\LRU\Training\SEIU-CBA\2013-2015

  50. 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. O:\LRU\Training\SEIU-CBA\2013-2015

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