Oct. 1 Vaccine Bargaining Update

Editor’s Note: This post has been edited to clarify the circumstances under which employees will be placed on paid leave vs. unpaid leave. We apologize for the confusion.

Over three days last week, AFSCME Local 328 continued to bargain with OHSU over the COVID-19 vaccine mandate. Our union is committed to protecting all of our represented employees by ensuring that OHSU does not infringe on or violate their rights. To be clear, we are not anti-vaccine. Our only focus throughout this process has been to stand up for employee rights per the EEOC, labor law and our contract, and we will continue to fight for what is best for employees.

Wins

  • OHSU has met our union’s demands to follow the Oregon Health Authority rule and give employees the ability to file for a religious or medical exemption on or before Monday, Oct. 18.

  • Employees will now be able to use the exception forms created by the OHA.

  • Unvaccinated employees who submitted an exception request by OHSU’s Sept. 20 deadline and are still waiting for a decision as of Oct. 18 will be placed on paid leave on Tuesday, Oct. 19, and will remain on paid leave until notified of OHSU’s decision.**

Compromises

OHSU will require unvaccinated employees with an approved medical or religious exception to be tested up to once or twice a week. It is our union’s position that testing employees twice a week is not only excessive but also burdensome. However, it is ultimately within OHSU’s right to create a stricter policy to accommodate employees.

Continued Disagreement

OHSU proposed that employees who requested a medical or religious exception by the OHA Oct. 18 deadline but after OHSU’s Sept. 20 deadline will be laid off if their request is denied or still under review as of Oct. 18. In doing so, OHSU is more harshly punishing employees for the employer’s own inability to keep up the demands of reviewing the submitted medical and religious exception forms.

It is our union’s strongly held position that employees should not be penalized following the OHA guidelines and submitting their forms after the arbitrary deadline OHSU imposed. This becomes an even greater issue considering that OHSU has not allowed employees to submit exception forms for the last 12 days. Ultimately, we reject any bargaining language that divides employees. We are one union and we have to stand together to ensure that all of our represented employees are treated equally across the board.

Upcoming Town Halls

Local 328 will be holding two town-hall meetings about OHSU’s COVID-19 vaccine policy: one on Monday, Oct. 11, and one on Wednesday, Oct. 13. Details will be emailed to our bargaining unit on Thursday, Oct. 7.

**Other unvaccinated employees will be placed on unpaid leave (but may use VAC accruals), effective Tuesday, Oct. 19, for up to 45 days, after which time they will be laid off without recall rights. OHSU has stated that it will release more details about next steps sometime in the next week.

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