Sept. 22 Vaccine Bargaining Update

OHSU provided its counterproposals during yesterday’s bargaining session. It is apparent that OHSU continues to creatively interpret OAR 333-19-1010, COVID-19 Vaccination Requirement for Healthcare Providers and Healthcare Staff in Healthcare Settings.

One major flaw in OHSU’s recent proposal is a COVID-19 testing requirement that suggests up to twice-weekly testing of unvaccinated employees who have an approved medical or religious exception. This has never been the testing standard and, given that more and more employees are receiving the vaccine, Local 328’s position is that this is an excessive amount of testing and places an unnecessary burden on employees. OHSU did not provide any rationale for this testing recommendation.

OHSU’s self-imposed Sept. 20 deadline for employees to submit a medical or religious exception request has now passed. This deadline is in direct violation of the OHA rule, which states that health-care providers and staff have until Oct. 18 to submit their OHA exception forms. Our union questions why OHSU is making it more difficult for employees to receive an approved exception, while making it easier to discipline employees who have not met the arbitrary deadline set by OHSU.

OHSU’s Sept. 16 update states that employees and students who receive a medical or religious vaccine exception “may not be permitted to work in patient-facing areas or campus access roles and might be removed from their positions.” OHSU did not bring this up during our bargaining session last week, and we dispute the employer’s ability to remove employees who have an approved exception. OAR 333-19-1010 states: "A health care provider or healthcare staff person may not work, learn, study, assist, observe, or volunteer in a healthcare setting unless they are fully vaccinated or have provided documentation of a medical or religious exception" by Oct. 18. The OHA rule does not authorize employers to remove workers who have received the appropriate vaccine exceptions.

Our union highly recommends that all employees who are able to get the COVID-19 vaccine do so. However, we also need to protect our represented employees' rights under the law, and removing employees who have a valid exception would violate their rights under Title VII of the Civil Rights Act.

We are pleased to let you know that the parties have come close to agreement on a few areas. OHSU has agreed to Local 328’s language around better accommodating employees who experience vaccine side effects for more than three days, including suggesting that employees file workers’ compensation claims as needed. Additionally, OHSU has developed language that provides employees who do not become fully vaccinated by the Oct. 18 deadline with a pathway back to work if they become fully vaccinated within 45 days of being laid off.