Changes to the Changes to the 2007-2009 2007-2009 SEIU and State of Oregon SEIU and State of Oregon Collective Bargaining Agreement Collective Bargaining Agreement DAS Human Resource Services Division, Labor Relations Unit Eva Corbin, LRU Deputy Administrator Craig Cowan, State Labor Relations Manager SEIU REPRESENTED AGENCIES
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Changes to the 2007-2009 SEIU and State of Oregon SEIU and State of Oregon Collective Bargaining Agreement Collective Bargaining Agreement DAS Human Resource.
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Housekeeping to clarify intent that the Employer provides no less than 30-days notice to Union before it requests bids or proposals
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LOA – 13.00-03-93 LOA – 13.00-03-93 Feasibility Form Feasibility Form
MODIFICATIONMODIFICATION
• Deleted reference requiring state to only use 80% only state employee wages when contractor’s wage rate is lower
INTENTINTENT Requires agencies to
count 80% of affected employees’ straight time wage rate for all contracting out when completing the feasibility form
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Article 13 – Contracting OutArticle 13 – Contracting Out Feasibility Form Feasibility Form
MODIFICATIONMODIFICATION Why is contracting out being
considered? How will the quality of the
services be maintained by contracting out of work?
NEW - Section 2. Renewal of Existing Contract
How has the contractor’s performance affected the delivery of effective and efficient services?
Is the cost of continuing the contracting out of services greater than the most recent bid? If yes, itemize
INTENTINTENT Include the initial reason for
contracting out the work currently performed by the current employees
Include the potential quality of services anticipated/expected if the work was contracted out
New Section 2 response will address whether problems occur that affected the delivery of services; whether the renewal’s higher cost is a direct result of the contractor low balling the initial bid
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Article 22 & 22T – No Article 22 & 22T – No Discrimination Discrimination
MODIFICATIONMODIFICATION
Added “or any other protected class under State or Federal law”
Gender identity
INTENTINTENT
Recognizes changes that may result without enumerating all potential protected classes
Incorporated SB 2
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Recoupment of Wage and Benefit Overpayments Reorganized and
renumbered paragraphs Establishes fifty dollars
($50.00) or less for providing notice to employee via the employee pay stub
INTENTINTENT
To diminishes administrative workload to do official letters for small amounts
To recover overpayments of more than fifty dollars ($50.00) by payroll deduction requires prior notice to employee pursuant to the current procedure
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Article 31 - InsuranceArticle 31 - Insurance
MODIFICATIONMODIFICATION
Remainder of calendar year (7/1/07-12/31/07) and 2008 Plan Year
2009 Plan Year: 12% and potential to use PEBB reserve funds
If PEBB reserves not used, Union may chose to implement Option 1 or Option 2
INTENTINTENT To continue fully paid insurance for PY
2007 and 2008 To agree to a contingency plan - if
2009 premium composite rate exceed 12% without reopening negotiations: Mutual request to use PEBB
reserve funds; if PEBB declines to use reserve
funds; Union may chose either Option 1 - reduce 11/1/08
salary increase by .25% for each 1% premium increase; or
Option 2 – delay 11/08 salary increase
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Article 31 – InsuranceArticle 31 – Insurance - - Letter of AgreementLetter of Agreement
Part Time Employee Health Insurance Part Time Employee Health Insurance SubsidySubsidy
MODIFICATIONMODIFICATION
Provides for Employer subsidy for part-time employees
INTENTINTENT
Update the current subsidy for PT employees
2008 Subsidy will continue to defray pay out of pocket cost based on PEBB criteria/formula
PT employee will continue to pay additional money if employee opts for a different plan other than the Part Time Plan
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Article 32 - OvertimeArticle 32 - Overtime
REVIEW OF CURRENT LANGUAGEREVIEW OF CURRENT LANGUAGE
FLSA-Exempt –new payroll code “STA” (Straight Time Leave Accrued) Eliminate the use of compensatory time code to capture additional
hours worked Sick Leave exclusion from overtime calculation
HANDOUT – Revised example of time worked towards OT with and without sick leave counting
Continue to use AST (Additional Straight Time) Code – the code is used to record extra hours worked when the employee uses leave for sick leave in the same workday or same workweek and is not mandated to work on his/her day off
Employee should still accrue full leave accrual if employee is not in leave without pay
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No layoff rights; place on agency recall list but not on secondary recall list
Follow Article 70 for duration and recall purposes DAS sends list of LD appointments to SEIU every 6 months
Ensure that the codes are used for type of appointment1 – Workload 2 – Grant 3 – Contract
6 – Project 7 – Position Reduction 9 – Other
Limited Duration Appointment of employees who were formally classified State employees Layoff rights in the new agency provided classification exist If classification or successor classification does not exist in new
agency, employee is not retained and no layoff rights
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Article 56 – Sick LeaveArticle 56 – Sick Leave
MODIFICATIONS/ REVIEWMODIFICATIONS/ REVIEW Use sick leave to care for
sick grandchild FMLA - Written designation
to retain leave Designation must be within
5 business days of the beginning of the qualifying leave.
if designation is not timely - no restoration of leave or recoup pay
INTENTINTENT HB 2635 provides for leave
for purposes of caring for grandchild
Consistency in setting timeline for all instances of FMLA absences
To avoid or minimize administrative workload to restore or recoup pay
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Additional 2 hours per month for employees with 25 or more years or annual season; or, 300th month calendar months of service
INTENTINTENT
To recognize the workforce and years of service
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LETTER OF AGREEMENTLETTER OF AGREEMENTArticle 106 – Labor/Management Article 106 – Labor/Management
Committees - TrainingCommittees - Training
MODIFICATION/REVIEWMODIFICATION/REVIEW Upon request, agencies will adjust
their current scheduled time of the Agency’s Statewide Labor Management Committee meeting by up to 30 minutes to allow union committee members to meet prior to the joint meeting
The agency may grant additional time or extend to other regional L/M committees
Paid time Joint Training/Curriculum
INTENTINTENT Allows union members to
discuss issues on agenda before meeting
Allows agencies to extend to other regional L/M Committees
Paid time/agency approves adjustment to schedule when trainings held during employee regular work schedule for Agency Statewide Committee
Parties will identify and use resources and determine curriculum
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Article 123 – Inclement or Article 123 – Inclement or Hazardous ConditionsHazardous Conditions
MODIFICATIONMODIFICATION Provides for designated
employees required to report to work opportunity to make up time
Holiday - use of paid leave
REVIEWREVIEW Employees required to report to
work notified by November 1st each year (2 weeks advance notice when designations change.
LWOP if employee mandated to report to work does not report
INTENTINTENT
Make up time within same week if approved and work is available for employees who show up within 2 hours of scheduled shift
Minimizes loss of pay – employee must meet half day of paid time eligibility requirements of Article 58, Section 3
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Article 132 (NEW) – Article 132 (NEW) – Criminal Records CheckCriminal Records Check
MODIFICATION MODIFICATION Establishes minimum notice requirements for conducting records
check Establishes record check requirements and exceptions in filling
vacancies Bargaining duty if Agency changes policy/rule Appointment to positions will not be delayed Fitness determinations can not be grieved Affirms an employee’s right to grieve Establishes meeting requirement with an employee.
INTENTINTENT Establishes uniform conditions and requirements for conducting criminal