changes to the 2007-2009 seiu and state of oregon seiu and state of oregon collective bargaining...

Changes to the Changes to the 2007-20092007-2009

SEIU and State of OregonSEIU and State of Oregon

Collective Bargaining AgreementCollective Bargaining Agreement

DAS Human Resource Services Division, Labor Relations Unit

Eva Corbin, LRU Deputy Administrator

Craig Cowan, State Labor Relations Manager

SEIU REPRESENTED AGENCIES

Labor Relations Unit - 2007-2009 SEIU CBA Training 2

Training ObjectivesTraining Objectives

To provide an overview of the bargaining process

To provide clear understanding of the intent/application of the changes

To review Application of Specific Current Language Provisions and Practices


Article 10 – Union RightsArticle 10 – Union RightsMODIFICATIONMODIFICATION

Section 13:SEIU biennial General Council or the SEIU quadrennial International Convention

E-MAIL MISUSE REMINDEREmployee/Steward versus SEIU Staff

DAS notify SEIU Executive Director when SEIU staff violate the CBA

INTENTINTENT Employee uses own accrued leave

time or leave without pay to attend the SEIU Biennial General Council or international convention

Union provides notice requesting release

Release remains subject to Operating needs of the employee’s work unit

To ensure appropriate use of the system by allowing agency to decide whether to monitor its message system


Article 13 – Contracting Article 13 – Contracting OutOut

MODIFICATIONMODIFICATION

Section 1: added “request” bids “or

proposal”

INTENTINTENT

Housekeeping to clarify intent that the Employer provides no less than 30-days notice to Union before it requests bids or proposals


LOA – 13.00-03-93 LOA – 13.00-03-93 Feasibility Form Feasibility Form


• 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


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


Article 22 & 22T – No Article 22 & 22T – No Discrimination Discrimination


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


Article 27 – Salary IncreaseArticle 27 – Salary Increase


3% - July 1, 2007 or flat $80 3.2% November 1, 2008 or

flat $85

INTENTINTENT

To address union’s concern about not keeping up with inflation/CPI.

General increases do not apply to employees red circled above the salary range


Article 27 – Salary Increase Article 27 – Salary Increase (cont.)(cont.)

MODIFICATION

October 1, 2007 – 30 New/Revised classifications

July 1, 2007 - 46 Selective Salary increases

All new/revised classes and selective increases implemented with least cost method

INTENT

To retain affected employees at same pay rate until SED.

Two exceptions: If below first step, move to

first step of new range Eliminate off step pay by

placing employees not at a corresponding salary step move on to next higher rate

Not intended to conflict with Article 29, Sec. 3(b) – Performance Increases


Article 27 – Salary Increase Article 27 – Salary Increase (cont.)(cont.)


November 1, 2008 – Truncate steps to Salary Ranges 5 thru 10 for all affected classifications

INTENTINTENT Least cost placement Affects the following classifications

Agricultural Workers Food Service Worker 1 & 2 Forest Lookout Forest Nursery Worker 1 & 2 Mail Services Assistant Office Assistant 1 & 2 Parks Conservation Aide Public Service Rep. 1 Student Office Worker Traffic Survey Interviewer Custodian


Article 29 – Salary Article 29 – Salary AdministrationAdministration


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


Article 31 - InsuranceArticle 31 - Insurance


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


Article 31 – InsuranceArticle 31 – Insurance - - Letter of AgreementLetter of Agreement

Part Time Employee Health Insurance Part Time Employee Health Insurance SubsidySubsidy


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


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


Article 51 – Limited Duration Article 51 – Limited Duration AppointmentAppointment

REVIEW Duration of Appointments – 2 years

Mutual agreement between DAS and SEIU to extend beyond 2 years

Extension can occur before or after appointment begins depending on work needs

No “just cause” to end appointments Work load appointment - 17 months or longer

Lay off rights to bump lower senior employees pursuant to Article 70

Full time LD can bump Perm/full time; part-time LD can bump perm/part time)


Article 51 – Limited Duration Article 51 – Limited Duration Appointment (continued)Appointment (continued)

REVIEWREVIEW Non workload appointments

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


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


Article 56 – Sick LeaveArticle 56 – Sick LeaveREVIEWREVIEW

Hardship Leave An employee must meet the qualifying period After satisfying the eligibility requirements to receive donations,

employee can use leave intermittently Employee accrue additional leave while using donated leave

FMLA or OFLA – Use of Leave Leave accrued during a month is not available to use in that

month; once an employee is in leave without pay, the additional leave remains in account

If employee request to reserve 40 hours use down paid leave balance to ensure that the employee retains only 40 hours (e.g., no in and out of LWOP)

Employee can not revert to using the reserved paid leave during LWOP and ineligible for hardship leave

Leave reserve available for use when employee returns from LWOP for absences, whether for medical, vacation or other personal reasons


Article 57 – Bereavement Article 57 – Bereavement LeaveLeave


Employees eligible to receive a maximum of 24 hours paid bereavement leave, prorated for part time employees

Agency may request documentation

INTENTINTENT

Establishes additional leave for all affected employees

Confirmation if necessary for requested leave

PAYROLL CODE: FL (Funeral Leave)


Article 66 – Vacation LeaveArticle 66 – Vacation Leave

MODIFICATION/ REVIEWMODIFICATION/ REVIEW

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


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


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


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

records checks on employees.

changes to the 2007-2009 seiu and state of oregon seiu and state of oregon collective bargaining...

Documents

seiu cba trainingarticle

seiu staffdas

seiu cba trainingloa

practiceslabor relations

proposalslabor relations

seiu executive director

seiu biennial general

delivery of services