0507 AFSCME Contract Changes

1
05-07 AFSCME Contract Changes
2
Training Objectives

• Provide Overview of bargaining process
• Local Table
• Central Table
• Identify changes to contract

3
Central Table
4
Article 12 Discipline and Discharge

• Section 7
• Upon request, employee shall have right to union
  representation during an investigatory interview.

5
Article 31 Other Leaves

• Section 1. Leaves With Pay
• a. Personal Leave.
• Increased amount of Personal Leave from 16 hours
  annually to 24 hours annually.

6
Article 40 Health and Dental Insurance

• Section 1
• Provides for fully paid health, dental and basic
  life insurance premiums through December, 2006
• For plan year 2007, the Employer will increase
  monthly contributions up to 12 of 2006 monthly
  composite. If the premium increase is more than
  12, the 12/1/06 2 COLA increase will be reduced
  by 0.25 for each 1 increase in premiums.

7
Article 43 Travel and Mileage Allowance

• New Section 2
• Allows employer to modify an employees work
  schedule during a week when the employee travels
  in order to not exceed 40 hours, including time
  spent traveling
• If the employees work schedule cannot be
  modified, the employee shall be paid for all time
  worked over 40 hours, including travel time.

8
Article 46 - Salaries

• Section 1 PERS Members
• Housekeeping - Cleaned up language clarifying
  that the state would continue to pick up the 6
  employee contribution, payable pursuant to law.
• Section 2 OPSRPP Members
• Cleaned up language to clarify that the State
  will pay a 6 contribution to the employees
  account, pursuant to Oregon Laws.

9
Article 46, continued

• Section 4
• a. 2 COLA increase (or minimum of 50) 7/1/05
  and 12/1/06
• b. Step increases resume 9/1/05 on SED
• c. 7/1/06 new top step added to all
  represented salary ranges. Employees at step 8
  will be eligible for new step 9 on SED.
• d. New Admin Class study and Trades/Maintenance
  classifications implemented, effective 10/1/05
  least cost.
• SEIU Me-too language

10
Article 46 Continued

• Section 4
• e. Salary Selectives, effective 10/1/05
• Chemist 1 from SR 21 to SR 23 least cost
• VET 1 from SR 13 to SR 16
• VET 2 from SR 17 to SR 18
• Local Table agreement - VET 1 2 employees
  will receive minimum of one-step increase
  10/1/05, with new SED of 10/1/06

11
Article 56 Term of Agreement

• Agreement in effect 7/1/05 6/30/07

12
Article 62 Bilingual Differential

• Housekeeping - Differential changed from 4 to 5
  effective 7/1/04 revised contract to show new
  differential amount.

13
Letters of Agreement

• Interim Committee on Health Insurance Trends and
  Issues
• A workgroup, coordinated by DAS, including
  representatives from management and labor, to
  discuss health insurance trends, issues and
  options for future state employee benefits.
• Joint Committee on Salary Surveys
• Joint committee of 2 management and 2 AFSCME reps
  to review appropriate market comparisons,
  methodology, data collection, and states
  relationship to market. Recommendations to
  Governor.

14
Letter of Agreement SEIU ME-TOO

• Employees at steps 1 6 of the pay range for
  their classification on Sept. 1, 2003, and
  continuously employed since Sept. 1, 2003 shall
  receive one additional step increase as follows
• SED between 7/1/06 and 1/31/07, an additional
  step increase on 2/1/07
• SED between 2/1/07 and 6/30/07, a step increase
  in addition to their scheduled step increase on
  their SED (2 steps)

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Local Table
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Article 9 Fair Share

• Section 2
• Housekeeping - Agency will provide union with a
  list of employee names and employee
  identification number (rather than SSN) for those
  making fair share contributions.

17
Article 10 Limited Duration Appointments

• Section 2
• Clarified language that employees with LD
  appointments in permanently-vacated permanent
  positions are entitled to layoff rights after 24
  months of continuous employment.

18
Article 14 Shop Stewards

• Section 1
• Clarified that the Union selects stewards and
  makes every effort to ensure sufficient amount
  available to represent all employees. The union
  will notify OEOA manager of steward names and
  work locations.
• Represented employees select stewards, subject to
  provisions in Section 2.

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Article 14 - continued

• Section 2
• New provision on a case-by-case basis, and
  subject to management approval, a second steward
  may attend a grievance discussion on paid time
  for training purposes.
• Section 4
• Stewards can use accrued leave or lwop to attend
  Union recommended training subject to operating
  requirements of agency.

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Article 20 - Layoff

• Section 12
• Allows employees to use appropriate accrued
  leaves, if they choose, to cover temporary
  interruption of employment for reasons other than
  inclement weather.

21
Article 21 Payday and Pay Advances

• Section 3
• Defined emergency for payroll advance as an
  unusual, unforeseen event or condition requiring
  immediate financial attention by employee.

22
Article 22 Health Safety

• Section 1
• DEQ agrees to implement safe work practices to
  prevent workplace illnesses and injuries. DEQ
  supports and expects employees to follow health
  safety guidelines, such as health safety
  checklists, job hazard assessments and standard
  operating procedures. Employees are expected to
  invoke Sections 3 and/or 6 if they believe a work
  situation is unsafe.

23
Article 22 continued

• Section 3
• Employees can refuse unsafe assignments verbally,
  and in writing as soon as practical. Supervisor
  will try to provide written response including
  results of review and determination of whether
  assignment was unsafe or not within 30 days, but
  no later than 60 days following employees
  notification of refusal to work. Timeframe can
  be extended on mutual agreement of parties.

24
Article 22 continued

• Section 6
• Pregnant or nursing employee may request
  reassignment to alternative work at equal pay if
  they feel their working environment may be
  harmful to pregnancy, fetus or nursing child.
  DEQ may request Dr. statement regarding the
  proven or potential harm.

25
Article 22 continued

• Section 10
• A represented employee from the Central Safety
  Committee shall serve on the VIP Safety committee
  and the Lab Safety Committee (not the same
  employee)
• Section 11
• Safety committee members are allowed up to 4
  hours paid time per month, during regular working
  hours, at a time approved by their supervisor, to
  prepare for safety committee meetings.

26
Article 22 continued

• Section 12
• DEQ will consider training recommendations from
  the safety committees and will provide annual
  training for PSRs.
• Section 14
• Increased allowance for prescription safety
  glasses to 175 annually (up from 150)
• Section 15
• Increased glove allowance to 20 (up from 15)
  once during contract period
• Will reimburse up to 100 annually for Safety
  Committee approved slip and chemical-resistant
  footwear for VET 1 and 2 employees.

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Article 23 Education and Training

• Section 1
• Agency recognizes that participation in training
  and conferences is beneficial. Job-related
  training includes participation in conferences
  and workshops.

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Article 24A - Flextime

• Section 9
• Holiday hours are at the straight-time rate.
• When a holiday falls on an employees flex day
  off, and the employee cannot schedule an
  alternate day off during the workweek, the
  holiday will accrue a comp time at the straight
  time rate.

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Article 28 - Holidays

• Section 1
• During a workweek when a compensable holiday
  occurs, procedures in Article 24A, section 9 will
  be followed.
• Section 2
• Employees on LWOP status (other than FMLA or
  OFLA) for all scheduled hours the day before and
  the day after the holiday shall received a
  prorated share of the 8 hours of holiday pay,
  based on the percentage or fraction of the month
  they are in paid status. If LWOP is
  unauthorized, employees are not eligible for
  holiday pay.

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Article 30 Sick Leave

• Section 4
• Clarified that the agency can require a physician
  certification for sick leave absences in excess
  of 7 consecutive working days.

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Article 31 Other Leaves

• Section 1. Leaves With Pay
• g. Hardship Leave
• Can be donated in blocks of 1 hour
• Employees can keep up to 24 hours of accrued paid
  leaves and be eligible for hardship leave
  donations
• Agency may require a Dr. certificate verifying
  that expected duration of illness or injury will
  continue for at least 14 days.
• HR will issue requests for donations as
  appropriate.
• h. Bereavement Leave
• Eligible employees may received donated
  bereavement leave pursuant to paragraphs 1 5 of
  Hardship leave provisions may keep 24 hours and
  donated leave is credited to sick leave balance
  on dollar-for-dollar exchange.

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Article 31 continued

• Section 2. Leaves Without Pay
• d. Parental Leave
• Parental leave granted in accordance with OFLA
  and FMLA. Employees not required to use all paid
  leaves during these absences, but, at their
  discretion, may use paid leave accruals.
• Based on operational needs of the Agency, a
  parent will be granted an additional leave of
  absence, not to exceed 6 months, to care for a
  new baby.

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Article 32 Position Descriptions/Work Agreements

• Section 2. Work Agreements
• Employees shall have written work agreement
  within 30 days of starting a new position.
• In addition to delineating specific work to be
  accomplished during review period, training and
  goals, along with success indicators shall be
  included in work agreements.

34
Article 33 Performance Review

• Added statement of commitment to implementing
  Performance Management System which is
  forward-looking and emphasizes dialogue and
  feedback between staff and managers.
• Section 1. Performance Review
• Employees will be provided opportunities to
  provide specific feedback on their managers
  performance on at least an annual basis.

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Article 35 - Overtime

• Section 2
• Holidays occurring on a scheduled day off are not
  counted as time worked for the purposes of
  calculating overtime.

36
Letters of Agreement

• Deleted Career Development Letter of Agreement
  expired 6/30/05
• Deleted Scheduling Days off at VIP LOA

37
Letters of Agreement

• VIP Program Reduction
• Section 1 Agency will manage VIP program
  reduction through natural attrition.
• Section 2 If attrition is insufficient, LD
  employees will be separated before separating any
  permanent VET 1s. LD VET 1s will be separated
  beginning with least senior.
• Not precedent setting
• LOA expires 6/30/07

38
Letters of Agreement

• New LOA Transit Committee
• Labor/Mgmt Workgroup to convene no later than
  9/1/05 to research ways the Agency can offer
  reduced cost transit passes to employees in
  cities with available mass transit. Report with
  recommendations to be submitted to Director by
  Feb. 28, 2006. Accepted recommendations
  implemented no later than 7/1/06

39
Letter of Intent

• New LOI related to Professional Differences of
  Opinion
• Management and AFSMCE Representatives to meet and
  confer on communications regarding the impact of
  competing considerations that influence the
  Agencys decision-making and employees work.
  Recommendations to Director by January, 2007.

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Other Bargaining Conversations
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Just Cause Standards

• The employee knew or should have known the
  disciplinary consequences of conduct.
• The Agencys rule, policy or order was
  reasonable.
• The Agency conducted a fair and objective
  investigation.
• The investigation resulted in substantial
  evidence.
• The Agency applied rules, orders, penalties
  even-handedly, without discrimination.
• The degree of discipline was reasonably related
  to the seriousness of the proven offense.

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Overpayments

• Article 59 Recoupment of Wages addresses
  recouping overpayments to employees
• Most overpayments are a result of leave in excess
  of accruals
• Managers approve employee use of leave be aware
  accruals.
• Use of leave beyond accruals must be reported to
  payroll ASAP to minimize overpayments.