Bargaining-Session Update: May 7

We have another long update for you today! We know this is a lot of information to absorb — if you have any questions at all about the below items, please let us know in the comments.Local 328 presented about 50 pages of counterproposals to OHSU this morning, including:

  • Paid Time Off: We rejected OHSU’s PTO package proposal, countering with current contract language (i.e., keeping the existing VAC/SIK system). We offered a counterproposal re: the annual voluntary cash-out — accepting the change to one cash-out period per year, but keeping the option to cash out up to 80 hours of VAC. In a number of cases we re-proposed our initial proposals that improve the contract (e.g., increased vacation accruals, removing language re: suspension of seniority rights).

  • Benefits: We rejected OHSU’s proposed cuts to insurance contributions, the spousal surcharge and other benefits take-backs. We rejected OHSU’s proposed changes to disempower the members of the Employee Benefits Council and re-proposed our initial proposal to eliminate the presidential tie-breaker from the EBC language.

  • Article 2 (Stewards): We rejected OHSU’s proposal to make time spent on steward activities for our union and the employer ineligible for overtime. The teams are moving closer to agreement on the total number of stewards and number of hours allocated to each type of steward.

  • Preferred Hire List: Overall, the teams are moving closer to agreement. We re-proposed our initial proposal to add FTE modifications to scenarios that are eligible for layoff protections.

  • Grievance Steps: Both teams have made movement in the contract language regarding the grievance process. We proposed allowing limited information requests at the Step 1 meeting, to help move the grievance process along in a more timely manner. Late in the day OHSU made a counterproposal with some movement toward agreement; a tentative agreement was also reached on one section of this contract language.

  • 2.9.1 Union Communications: We rejected OHSU’s proposal requiring our union to provide the employer with an advance copy of any email we send to all members or to all non-members. Late in the day OHSU re-proposed their language requiring advance copies of our union’s emails. (The current contract only requires such notification when we send an email to the entire bargaining unit.)

  • 7.2.5 Posting of Varying Work Schedules/7.2.6 Changes in Work Location: We are moving closer to agreement on this language, which addresses how work schedules are posted and how changes to an employee’s work location are handled. Late in the day OHSU made a counterproposal with some movement toward agreement.

  • 7.4 Availability of Additional Work: We rejected OHSU’s proposal to bypass seniority when assigning employees for non-overtime work that becomes available due to a short-notice call out (i.e., when someone calls in sick).

  • 23.3.1 Notice: We are moving closer to agreement on changes that will allow the union to better meet the representation needs of swing-shift and night-shift employees. Late in the day OHSU made a counterproposal today with some movement toward agreement. 

  • 23.3.5 When Attendance Is the Issue: We rejected OHSU’s proposal to trigger progressive discipline when an employee has three attendance occurrences in a 180-day period. We proposed maintaining the current language of 90 days. Late in the day OHSU countered with a proposal to count attendance occurrences in a 160-day period.

  • 23.6 Unauthorized Absences: We maintained the language in our initial proposal seeking to clarify that unauthorized absences are limited to no-call no-shows or walk-offs. Late in the day OHSU made a counterproposal today with some movement toward agreement.

  • 29.1 Term of Agreement: We rejected OHSU’s proposal seeking to have economic provisions (e.g, across-the-board wages, changes to differentials) not take effect until two full pay periods after the new contract is ratified. Current language states that all provisions go into effect the first full pay period after ratification. Late in the day OHSU re-proposed delaying the effective date of the economic provisions of the contract.

  • Drug & Alcohol Testing MOU: We agreed to modify this memorandum of understanding to add breathalyzer sampling as an option for testing for alcohol. We rejected OHSU’s proposed language that we see as imposing not-for-cause drug testing.

OHSU has not yet responded to our union’s economic proposals (we will likely see some of these responses next week), but did offer the following counterproposals today: 

  • 18.1.1 Posting & Awarding of Position: OHSU rejected our proposal to add an option for salaried employees to job bid for certain positions as an hourly employee. We responded today by re-proposing our language.

  • 18.1.2 Placement/18.2.4 Provisions Applicable to Internal Applicants Only: OHSU maintained its proposal that would require employees to stay in their old departments for up to eight weeks before releasing them to a new position in another OHSU department. We responded today with a counterproposal to maintain current contract language — our union feels that four weeks is more than adequate for management to handle these transitions.

  • Preferential Hire List: OHSU made a number of PHL-related counterproposals, with movement toward agreement on the following sections of the contract:

    • 5.10 Extended Medical Leave

    • 19.7 Employees Placed on Preferential Hire List

    • 19.7.1 Removal from List

    • 20.2.6 Employees Removed Following Transfer to New Department or Work

    • 20.2.7 Employees Removed Following Transfer Within Department or Work Unit

  • Staffing Task Force MOU: OHSU rejected our memorandum of understanding seeking to establish a task force to discuss concerns re: significant staffing issues.

  • Peer-to-Peer Group Counseling/Support MOU: OHSU accepted the concept behind our MOU seeking to establish a task force on implementing critical-incident debriefing training and group counseling in the wake of difficult/tragic events affecting a work unit. We feel that OHSU’s proposed changes to the MOU will need some revisions to establish sufficient support for members of our bargaining unit, but we were heartened by the afternoon’s discussion.

We are pleased to report that Local 328 and OHSU have reached tentative agreement on more than 20 sections of the contract, including:

  • 2.18 Union Conventions: This new article addresses how departments will cover employee leave when more than one member in a department is elected as a union convention delegate.

  • 7.2.7 Changes to Work Schedules: Language has been added to require 14 days’ notice of schedule changes that are necessary to provide an employee with transitional duty during recovery from an on-the-job injury.

  • 7.12 Inclement Weather/Modified Operations: Changes have been made to seven articles to reflect new terminology (“modified operations” instead of “inclement weather”) and current practice.

  • 14.2.5 Court Appearance: Immigration hearings have been added to the court appearances that are eligible for this type of leave.

  • 14.2.6 Election Leave: This leave has been protected for our members who work in states that don’t have vote by mail.

  • 14.3 Workers Compensation: This information will remain in the contract, instead of being moved elsewhere as OHSU had proposed. Some minor changes have been made to the language, including changing “physician or nurse practitioner” to “medical provider.”

  • 19.5.7 Qualified: We accepted OHSU’s proposed new language clarifying that the employees going on the preferred hire list are responsible for ensuring their application documentation is accurate.

  • 20.2.8 Employees Removed Following Placement Under Section 19.4: We agreed to language specifying that employees may remain on the PHL for one year.

  • 24.1.2 Time Extensions/24.1.4 Grievance of Specific Matters: Changes were made to this language that will help streamline the grievance process.

  • 26.3 Pay to Park Hours: We agreed to non-substantive changes that reflect current practice.

  • 27 Health and Safety: We agreed to non-substantive changes (such as changing “Environmental Health & Radiation Safety” to “Environmental Health & Safety”). Language has also been added to note that employees may contact OSHA directly for assistance.

  • Community Employment Committee MOU: Both teams had presented updates to this memorandum of understanding to reflect its establishment and goals for the future. Our union agreed to OHSU’s proposal.

Upcoming Events & Activities

  • May 1 - mid-June — Bargaining Survey: Take this very important bargaining survey to give our union direction re: settling vs. striking. Since we start mediation on May 21, the sooner you take the survey, the more helpful your feedback will be.  

  • May 22 — Bargaining Town Hall: Attend our next town hall on Wednesday, May 22, from 12 noon to 1:00 p.m. in UHS 8B60. Hollie Hemenway, director of HR and Employee/Labor Relations and a member of OHSU’s bargaining team, will be in attendance.

  • June 13 — Bargaining Rally: Participate in this event on Marquam Hill at 4:30 p.m. on Thursday, June 13. After the rally, join us for food, drink, and guest speakers. More details will follow soon — in the meantime, share and RSVP to the event on Facebook.

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