Sept. 8 Vaccine Bargaining Update
Recognizing that not every AFSCME member or OHSU employee agrees with the Oregon Health Authority COVID-19 vaccine mandate (OAR 333-019-1010), it is important that we reiterate that our goal in bargaining with OHSU is not to debate the mandate.
Our goals in negotiating how this state mandate will impact our members are to ensure that:
OHSU continues to provide easy access to vaccines for employees.
OHSU continues to provide COVID sick leave for all employees who test positive for COVID-19 and for those who experience vaccine-related side effects.
OHSU gives our members every opportunity to become compliant with the mandate by the October 18 deadline and to encourage OHSU to provide some protections to those who are currently out on protected leave or who are partially compliant by the October 18th deadline.
Employees who wish to exempt themselves from receiving the vaccine are able to do so easily and without disclosing more personal information than is absolutely necessary.
Employees who decline to receive the vaccine or file for an exemption, and who are deemed non-compliant with the OHSU’s policy, are separated from OHSU in compliance with the language of our current contract.
Our union would like to apologize for any anxiety or confusion that was caused by our previous bargaining update surrounding OHSU’s decision to require vaccinations for all employees, including those who telework. During our discussion with OHSU on Sept. 1, our team was told, point blank, that the employer had the authority to mandate vaccines to all employees regardless of their work-from-home status and that OHSU intended to do just that. After pushing on OHSU’s team and reviewing the order, we felt confident to communicate to our members OHSU’s decision to require vaccination for all employees, including those who work from home 100% of the time. Our goal was to prepare folks for that decision from the employer, not to scare people. That said, we do apologize for any confusion or stress caused by our update.
The situation with OHSU’s vaccine policy is obviously fluid and changing at a rapid pace. Our union is unclear on why OHSU changed its position, but we do not plan to argue with the special vaccine-mandate exception for a very small number of teleworking employees, which was announced on OHSU Now on Sept. 9.
This Sept. 9 update stated that a very small number of teleworkers (those who are licensed as defined under ORS 433.416(3) and who work from home 100% of the time even under “normal” operations cannot be required by Oregon law to be vaccinated.
Per OHSU, the only telework employees who cannot be required to receive the COVID-19 vaccine are:
1. Those who are licensed under:
ORS chapter 677 (OMB licensees)
ORS chapter 678 (OSBN licensees)
ORS chapter 679 (dentists)
ORS chapter 680 (dental hygienists)
ORS chapter 684 (chiropractors)
ORS chapter 685 (naturopathic physicians)
2. AND whose manager certifies that their position:
Requires only 100% remote work in times of normal operations and
Never has a work-related need to access OHSU facilities (including infrequent meetings, deliveries, errands, trainings, etc.)
Employees who meet all of the above criteria (licensed with no need to ever access campus) would be eligible for this narrow exception to the OHSU’s vaccination policy. If you believe you meet the criteria and want to receive a vaccine exception, please contact your manager for next steps.
Please read OHSU’s Sept. 9 OHSU Now update for full details.
It is important to note that Local 328 does not agree with OHSU’s extensive request for information on its exemption forms, and we have filed a grievance regarding these forms. OHSU believes that the OHA COVID-19 vaccine mandate gives OHSU the right to create its own exemption forms, which differ from the forms provided on the OHA website, and that OHSU is allowed to implement more restrictive or additional requirements. It is our union’s belief that neither the employer, OHSU, or the state, by and through the Oregon Health Authority, has the authority to inquire beyond what is reasonably necessary to decide whether to approve exceptions to employees who decline to be vaccinated due to a medical condition or a sincerely held religious belief.
It seems clear that OHSU’s intended goal is to discourage employees from seeking the accommodations that they are entitled to seek under the Americans with Disabilities Act and Title VII of the Civil Rights Act. Our union will instruct employees who are forced to use OHSU’s exception forms, as written, to file complaints with the EEOC, whether or not OHSU approves their exception requests.
Additionally, Local 328 does not agree with the employer’s plan to send managers weekly emails that disclose the names of employees who are not yet vaccinated. We believe that any communication regarding an employee’s COVID-19 vaccination status should be kept between OHSU Occupational Health and the employee, by email and/or letters to employees’ homes.