Bargaining Update: March 15
In our second week of bargaining, the teams again exchanged a significant number of proposals, and we’re appreciative that OHSU had prepared responses to so many of our union’s initial proposals. See below for details.
That being said, our team is concerned about the impact of OHSU’s proposed contract language regarding grievances. We feel that the combined changes would establish roadblocks to our members’ use of the grievance process and weaken the grievance process overall.
In addition, we felt that OHSU’s rejection of our proposals regarding demographics, and its proposals regarding the handling of grievances related to violation of article 6.1.3 Non-discrimination and Harassment, may signal that the employer hasn’t taken the findings of the Covington investigation into consideration when drafting its proposals, specifically:
“Finding #3: OHSU’s policies and procedures addressing misconduct and reporting are inconsistent and lack clarity and precision.”
“Finding #4: OHSU lacks a consistent process for addressing and documenting concerns about misconduct…”
Given the above findings, our union is troubled that the employer seems to be asking our members to rely on OHSU’s existing inconsistent policies and processes around discrimination and harassment, while at the same time proposing to effectively weaken the protections of article 6.1.3.
Please be sure to let us know your thoughts, suggestions and feedback regarding the below proposals — your input regarding the March 8 proposals was very helpful to our team!
Tentative Agreements Reached: The teams agreed on clarifications or non-substantive/housekeeping changes to the following articles: 5.38 Vacant Position, 18.1 Job Bid, 20.2.4 Modified Progressive Discipline and 9.2.3 Call-Back Mileage Reimbursement.
Local 328 Counterproposals:
2.5 New Employee Orientation: We proposed new language in response to a grievance settlement — ensuring that the OHSU onboarding website includes information about the importance of the union portion of NEO, requiring OHSU to provide new employees with the link to sign up for NEO with our union and more.
5.20 Preferred Hire List: We rejected OHSU’s proposed limit on how many jobs a PHL employee can apply to, and countered with language that (a) requires these employees to respond to job offers within five business days and (b) require managers to notify PHL applicants within five business days if someone else was hired.
5.X.2 Shift Trade: We rejected OHSU’s proposed new language defining shift trades. (Later during negotiations we plan to propose clarifications to the existing 7.10 Shift Trades article.)
7.6 Meal Periods: We rejected OHSU’s proposed addition to this article.
14.1.7 Pre-Retirement Counseling: We accepted OHSU’s clarification that this article refers to counseling outside of OHSU, and countered with language making it clear that this article applies to both PERS and UPP employees, including employees who are offered early retirement.
OHSU Counterproposals:
2.6. Bulletin Boards: OHSU rejected our proposal to eliminate the need for HR approval of the content on our public-facing bulletin boards, but countered with language signaling that requests will be responded to in a timely manner and will not be unreasonably denied.
2.7 Bargaining Unit Data, 5.X Demographic Information and MOU #X Collection of Demographic Information: OHSU rejected our demographics proposals, which we had hoped to use to track patterns of discrimination, discipline, etc. and better serve our members. OHSU countered with a more limited expansion to Article 2.7 than we had proposed.
2.9 Use of Employer’s Electronic Mail: OHSU accepted some of our proposed changes and the management team is working on its response to the remainder.
3.X Agreement Signatures: OHSU rejected this proposal, feeling that it referred to an internal union process that doesn’t need to be included in the contract.
6.8 Personnel Records: OHSU rejected most of our proposed additions, stating that there wasn’t an automated way for HR to remove specific material from an employee’s personnel record.
6.X Exit Interviews: OHSU rejected our proposal, but countered with language stating it would make a good-faith effort to offer exit interviews, noting that OHSU has been working on establishing an exit-interview process for our bargaining unit.
27.6 Work with Dangerous Materials: OHSU rejected our proposed additions, replacing them with a sentence noting that the employer will follow its appropriate policies and procedures.
27.X Immigration Status Safety: OHSU rejected our proposed new language, stating that the employer follows its existing “Immigration FAQ” guidelines.
28.2 Labor Management Committee Composition: OHSU countered with language accepting our request that non-member Local 328 representatives on the LMC receive a 30-minute LMC orientation from the union.
OHSU Proposals:
1.1 Recognition: OHSU proposed adding language stating that AFSCME Local 328 is the sole and exclusive bargaining agent for two separate bargaining units at OHSU: one consisting of classified campus dispatchers and one consisting of all other Local 328 classifications. This language is needed because the campus dispatchers take 911 calls directly and from other dispatchers, and are therefore considered strike-prohibited employees under Oregon’s Public Employee Collecting Bargaining Act.
24.1 Grievance Procedure: OHSU proposed language that changes the first sentence of this article to read “Supervisors and employees must make a good-faith effort to solve issues among themselves at the earliest possible time, prior to initiating a grievance.”
24.1.4 Grievances of Specific Matters: OHSU proposed a new paragraph stating that grievances related to article 6.1.3 Non-discrimination and Harassment shall not be filed until OHSU’s own investigation is complete. The new language would also require that, prior to a grievance being referred to arbitration, an employee must choose whether to continue to use the grievance process or to use the procedure established by the applicable regulatory agency (e.g., BOLI, EEOC).
24.1.5 Grievance Steps:
Step 1: OHSU proposed language stating that grievances must explain how a contract article was misapplied or violated, as well as language stipulating that violations of article 6.1.3 will not be grieved until the end of OHSU’s own investigation (see above).
Step 2: OHSU proposed that Step 2 grievance meetings will not address issues not raised in the grievance and Step 1 meeting.
29.2 Negotiations for New Contract: OHSU proposed moving the steps in the bargaining process to earlier in the year — to start bargaining the first full week after January 2 and to schedule the first mediation session during the last full week in May.
Stay Informed
Linktree: We’ve launched a Linktree landing page that serves as a one-stop source of union news and information — including the latest bargaining update — for our members. Check it out here.
TikTok: We’ve just started an account to share bargaining-related videos.
Weekly Q-and-A Sessions: Our vice president, Sarah Curtis, will be holding weekly drop-in sessions across from the OHSU gift shop from 12 – 2 p.m. on Mondays. Stop by on your break or lunch and ask questions about bargaining or other union matters!
Bargaining Forums: We’re holding bargaining forums on the following Wednesdays: March 23, April 20 and May 18. Click here to register.