Presentation on theme: "2011-2013 DEQ/AFSCME 3336 Contract Amendments December 11, 2011 Steward Training."— Presentation transcript:
2011-2013 DEQ/AFSCME 3336 Contract Amendments December 11, 2011 Steward Training
DEQ '11-'13 Contract Amendments2 Meeting Objectives To provide clear understanding of the intent and application of contract changes Cover both Agency Table and Central Table amendments to the contract
DEQ '11-'13 Contract Amendments3 Bargaining Team Acknowledgement AFSCME Bill Brown Regina Cutler Dana Huddleston Bruce Scherzinger Barbara Shaver Issa Simpson, Council 75 Representative State/DEQ Laurie Grenya Kerri Nelson Susan Payseno Gerry Preston Wendy Wiles Art McCurdy, DAS Labor Relations Unit
Bargaining Basics Central Table Statewide Issues Health Benefits Mandatory Unpaid Time Off Salary Classification Changes Local Table Agency-specific (working conditions and contract implementation) Layoff Provisions Personnel Records Health and Safety DEQ '11-'13 Contract Amendments4
What We Will Cover DEQ '11-'13 Contract Amendments5 Changes to our Contract Housekeeping-limited/no presentation Substantive Letters of Agreement (LOA) DEQ-specific Statewide
Article 3—Union Rights DEQ '11-'13 Contract Amendments6 Section 6 Increased time for union orientation from 20 to 30 minutes Section 7 (a) For multi-story buildings one bulletin board will be available on each floor occupied by DEQ.
Article 3-Union Rights (continued) DEQ '11-'13 Contract Amendments7 Section 7 b Provides for Union use of Agency’s e-mail system within stated agreements: Who can use? Officers Stewards Members of Agency sanctioned committees such as Labor Management and Wellness
Article 3-Union Rights (continued) E-mail use DEQ '11-'13 Contract Amendments8 For what purpose? Internal union business as well as the current uses. What parameters? All staff e-mails must contain within the subject line “Union Business, Recipients of e-mails should not use the “reply all” function
Article 3-Union Rights (continued) E-mail use DEQ '11-'13 Contract Amendments9 Comply with Agency e-mail policy Agency will not incur costs as a result of this use Does not hinder or adversely affect the Agency’s system Shall not contain offensive communications
Article 3-Union Rights (continued) DEQ '11-'13 Contract Amendments10 Limit of 3 pages No anti or pro messages for political candidates, ballot measures, bills or laws No initiation of contractually prohibited activities (strike, work stoppage, etc.) No attachments or embedded graphics
Article 3-Union Rights (continued) DEQ '11-'13 Contract Amendments11 Clarifies that the Agency’s e-mail system is public and the Agency may monitor e-mail use at any time including those concerning union business
Article 3-Union Rights (continued) DEQ '11-'13 Contract Amendments12 Union bargaining team members may also communicate regarding negotiations using Agency e-mail Employees may forward union e-mails to their home computers The Agency will be held harmless in any adverse action involving the Union’s use of the e-mail system
Article 3-Union Rights (continued) DEQ '11-'13 Contract Amendments13 Section 8-Reports Agency will provide the Union with names of employees who retired and those that have been reclassified in the previous month
Article 3-Union Rights (continued) DEQ '11-'13 Contract Amendments14 Section 11 Agency will provide 10 days notice if moving a filled position out of the bargaining unit. The Agency does not take action within the 10 day period Section 12 Stewards will use phone and e-mail for communication when they work at different duty station than grievant when practical
Article 10-Limited Duration DEQ '11-'13 Contract Amendments15 Section 3 A regular status employee who accepts a limited duration appointment will receive the following information Step placement Effect on salary eligibility date when moving back to a permanent position
Article 10-Limited Duration (continued) Section 4 Modified the criteria for use of LD positions to read- if funding for the position is uncertain beyond the end of the current biennium If funding is restored for a permanent position in which an LD appointment was made, the Agency may open a recruitment or offer the position to the LD appointee. If the LD incumbent applies for the position they will be offered an interview DEQ '11-'13 Contract Amendments16
Article 13-Grievance Procedure DEQ '11-'13 Contract Amendments17 Section 2 Added language to include informal, non- binding mediation as a tool to resolve problems and/or differences
Article 15-Personnel Records DEQ '11-'13 Contract Amendments18 Section 1 Information in a manager’s working file that is past the retention schedule shall not be used in a disciplinary action.
Article 17-Trial Service DEQ '11-'13 Contract Amendments19 Section 1 a In most cases employees are required to serve a 6 month probationary period in new positions. under the same supervisor Employees having served at least 2 years in the same classification and promoted within the same work unit under the same supervisor. We agreed to remove “under the same supervisor” from this provision.
Article 18—Classification and Classification Changes DEQ '11-'13 Contract Amendments20 Section 10 Changes to this section were extensive and provided language addressing both internal and external (arbitration) processes These processes include resolution of disputes regarding employee requested reclassifications and Agency initiated reclassifications where the employee and Union disagree with the Agency’s actions
DEQ '11-'13 Contract Amendments21 Employee requests reclassification and the request is denied or Employee is reclassified and disagrees with placement Union/Employee may appeal to Employer/Union Classification Committee in writing within 15 days of Agency decision Appeal Committee –One each employer/union representative review to determine appropriate placement- Union may offer one alternative placement for consideration
DEQ '11-'13 Contract Amendments22 Appeals Committee decides employee should be placed in higher salary range (or Agency removes duties prior to decision) Agency may choose to remove duties of higher classification (may also do this prior to committee decision) Employee will be paid a lump sum for the work out of class at higher rate beginning the 1 st of the month following the re-class request to date duties removed Appeals Committee decides employee should remain in Agency classification placement Union may request arbitration within 15 days with reasons decision is incorrect Arbitrator will be selected from a preapproved panel of 3 arbitrators experienced in classification issues
DEQ '11-'13 Contract Amendments23 Arbitrator decision to let Agency placement stand No change to employee pay or duties Arbitrator decision to place employee in higher salary range Agency may remove duties but must pay from 1 st of month following request to date of removal of duties or Employee is placed in higher salary range and paid work out of class according to arbitrator decision (generally to 1 st of month following request to date
Article 19-Contracting Out DEQ '11-'13 Contract Amendments24 Section 6-Review of Contracted Work New language allows for the Union to view state contracts deemed public records Union may submit suggestions regarding how bargaining unit members can perform the work more efficiently and effectively
Article 20—Layoff DEQ '11-'13 Contract Amendments25 Section 5- Extended the LOA on full time/part time layoff election options and added clarification for implementation Full time and part time status are determined by budgeted FTE-regardless of scheduled hours An employee’s current status will be considered as the first option in placement decisions. If there is no suitable position available (in their current FTE status) they may be placed in alternate status position if they have elected to do so.
LOA Article 20—Duration of Layoff Lists Agency and Secondary Recall Lists DEQ '11-'13 Contract Amendments26 Extended LOA-Sunsets June 30, 2013 Previous contract LOA extended recall right from 2 years to 3 years Contract timelines not extended, except: Seniority Calculation—seniority adjusted for break in service up to the 3 years. Salary on return—same salary step as the time of layoff. RSD—adjusted by amount of break & vacation accrual resumes at the rate at time of layoff. SED—adjusted by amount of break in service.
Article 22-Health and Safety DEQ '11-'13 Contract Amendments27 Modification Section 1 The Health and Safety Manager will review Health and Safety Policies annually with the Central Safety Committee Section 9 Upon request by the PSRs their manager will attach a copy of the PSR roles and responsibilities to their work agreement
Article 22- Health and Safety (continued) DEQ '11-'13 Contract Amendments28 Section 13 An annual report of the Agency’s wellness expenditures shall be provided to the Labor Management Committee
Article 22- Health and Safety (continued) Letter of Intent The Agency will provide Job Hazard Assessments for hazardous waste inspectors and complaint responders by January 1, 2013 DEQ '11-'13 Contract Amendments29
Article 22- Health and Safety (continued) Letter of Intent Agreed to refer discussions regarding workload to the Labor Management Committee. Data from the 2011 Manager 360 review will be shared with the committee to identify areas for improve workload balance between employees and managers DEQ '11-'13 Contract Amendments30
Article 28—Holidays DEQ '11-'13 Contract Amendments31 Section 5 Specified the days when the additional 8 hours leave (“Governor’s Leave”) for VET’s I & II in Clean Air Stations is taken
Article 31-Other Leaves Hardship Leave-Section 1 (g)(2) Deleted reference to prudent planning to avoid need for hardship leave. Bereavement Leave-Section 1 (h) Provides for use of an additional 8 hours of bereavement leave for aunts, uncles, nieces and nephews in addition to the 24 hours allowed for family members defined as immediate family DEQ '11-'13 Contract Amendments32
Article 32-Position Descriptions/Work Agreements Each time the position description is updated, the employee will have up to ten (10) calendar days to review the position description prior to signing. DEQ '11-'13 Contract Amendments33
Article 34-Salary Administration Deleted 2009-2011 LOA on step freezes and replaced with a new LOA providing: No step increases given until July 1, 2012 Effective July 1, 2012 eligible employees will receive one half of step on SED and will receive the remainder of the step six months after SED For employees with SED of January 2013 through June 2013 the second of the step will be given at 11:59 on June 30, 2013 DEQ '11-'13 Contract Amendments34
Article 46-Salaries Effective December 1, 2011 salary rates will be increased by 1.5% to be paid January 1, 2012. Effective December 1, 2012 salary rates will be increased by 1.45% to be paid January 1, 2013. DEQ '11-'13 Contract Amendments35
Article 51-Successor Negotiations Union bargaining team members will be granted a total of 135 hours of paid time for bargaining activities during work hours To be used for negotiations, caucuses and travel DEQ '11-'13 Contract Amendments36
Letters of Agreement (LOA)—Mandatory Unpaid Furlough Time Off (MUTO) Effective with first MUTO day on August 19, 2011 LOA takes precedence over any conflicting CBA provisions Number of unpaid time is based on base rate of pay: $2450 and below10 days (80 hours) $2451 to $310012 days (96 hours) $3101 and above14 days (112 hours) DEQ '11-'13 Contract Amendments37
LOA-MUTOs (continued) 10 specific fixed closure days Friday August 19, 2011 Friday November 25, 2011 Friday March 23, 2012 Friday May 25, 2012 Friday August 17, 2012 Friday October 19, 2012 Friday November 23, 2012 Friday January 18, 2013 Friday April 19, 2013 Friday May 24, 2013 DEQ '11-'13 Contract Amendments38
LOA-MUTOs (continued) Obligation may be reduced based on: Employee return from absence after fixed closures-if an employee is on authorized leave when a scheduled MUTO day occurs the scheduled MUTO will count to reduce the obligation. Employee return from protected leave status DEQ '11-'13 Contract Amendments39
LOA-MUTOs (continued) The mandatory unpaid time off obligation will not change as a result of salary changes based on promotion, demotions, reclassification, step increases or COLA. DEQ '11-'13 Contract Amendments40
LOA-MUTOs (continued) Prorate for less than full time based on employee’s regularly scheduled hours (See formula in LOA) Prorate seasonal employees based on number of scheduled hours during the months employed (See formula in LOA) Un-schedule Temporary employees DEQ '11-'13 Contract Amendments41
LOA-MUTOs (continued) Mandatory unpaid time off does not impact sick, vacation, personal leaves, holiday pay computation or insurance contribution Mandatory unpaid time does not count as break in service for employees’ seniority or adjustments to salary eligibility dates DEQ '11-'13 Contract Amendments42
LOA-MUTOs (continued) No penalty payment or OT for adjustments to employees’ schedules not to exceed a 40 hour workweek (including the MUTO hours) DEQ '11-'13 Contract Amendments43
LOA-MUTOs (continued) Minimum billable hours adjustment-In previous contract as well. We add this as a reminder. For DEQ employees with minimum billable hours, requirements will be prorated per Agency practice Employees with billable targets based on percentages required will have billable hours prorated per Agency practice DEQ '11-'13 Contract Amendments44
LOA-MUTOs (continued) DEQ '11-'13 Contract Amendments45 If the employee fails to schedule and take the mandatory time off by March 31, 2013, management will schedule the employee to take the required time by May 31, 2013. All furloughs will be taken by May 31, 2013.
LOA-MUTOs (continued) In the event that an employee has any mandatory unpaid time off obligation remaining after May 31, 2013, the employee’s July 1, 2013 paycheck for the June 2013 pay period will be reduced by the equivalent amount for the remaining mandatory unpaid time off days. DEQ '11-'13 Contract Amendments46
LOA-MUTOs (continued) Employees are not eligible for unemployment benefits as a result of the mandatory unpaid time off. If unemployment benefits are paid, the equivalent amount will be deducted from the employee’s pay. DEQ '11-'13 Contract Amendments47
LOA-MUTOs (continued) Employees may request to take no more than two mandatory unpaid time-off days in the same workweek. DEQ '11-'13 Contract Amendments48
LOA—MUTOs (continued) DEQ '11-'13 Contract Amendments49 Floating MUTOs Previously scheduled and approved vacations take precedence over subsequent unpaid days off requests. However, scheduling of mandatory unpaid time off trumps short term vacation or comp time requests. If an employee used seniority to bump for pre- approved vacation, then can’t use to substitute mandatory unpaid time off day for the approved vacation day(s)
LOA-MUTOs (continued) Floating mandatory unpaid days will be requested following the agency procedures for requesting paid time off. Where there is a conflict in requesting days off the person who made the first request will be granted the requested days off. For simultaneous requests for mandatory unpaid days off and vacation requests for more than 1 day, vacation requests will be processed prior to requests for mandatory unpaid time off. DEQ '11-'13 Contract Amendments50
LOA-MUTOs (continued) DEQ '11-'13 Contract Amendments51 Pre-approved paid sick leave: Employee may substitute a mandatory unpaid time off day for a pre-approved sick leave day, but not more than 2 in a month.
Letters of Agreement—Mandatory Unpaid Furlough Time Off (continued) Change to LOA Provision Employees will not work on a mandatory unpaid day with the following exceptions: At the direction of the Agency Head with fixed closure converted to float day and rescheduled Employees who are attending conference or traveling may convert fixed closure to float day within same pay period Board and Commission meetings scheduled on a fixed closure may be converted to float day DEQ '11-'13 Contract Amendments52
Letters of Agreement—Mandatory Unpaid Furlough Time Off (continued) New LOA Provision Full time employees shall take the MUTO in hours equivalent to a full shift or the remaining obligation if it equals less than a full scheduled work day Employees may (with supervisor approval) change their work schedule during the week a MUTO is taken Clarification-Employees may keep their regular schedule but take unpaid time in 8 hour blocks and either work or use paid leave for the remainder of their regularly scheduled shift. DEQ '11-'13 Contract Amendments53
Letters of Agreement—Mandatory Unpaid Furlough Time Off (continued) Part time employees shall take mandatory unpaid time off in blocks equal to their scheduled work day-or the remaining obligation if it equals less than a scheduled work day DEQ '11-'13 Contract Amendments54
Letters of Agreement—Mandatory Unpaid Furlough Time Off (continued) FLSA Exempt Employees: Mandatory unpaid time off due to budget does not disqualify the FLSA exempt employee from being paid on a salary basis except in the workweek in which that unpaid time off occurs and the employee’s pay is accordingly reduced FLSA exempt employees shall be eligible for pay at the time and a half for hours worked in excess of 40 hours that workweek in which they take mandatory unpaid time off due to non-exempt status DEQ '11-'13 Contract Amendments55
Problems Encountered with Implementation of MUTOs Inconsistent messages from management about the full scheduled shift application. How far in advance must a person request MUTO. Any others?? DEQ '11-'13 Contract Amendments56
Flexible and Alternate Schedules If your scheduled shift is more than 8 hours you may use accrued leave for the difference between the 8 hours and the additional hours. DEQ '11-'13 Contract Amendments57
Article 56—Term of Agreement Changed effective dates of contract to October 1, 2011—June 30, 2013 DEQ '11-'13 Contract Amendments58
DEQ '11-'13 Contract Amendments59 Letter of Agreement—Part-time Employees Health Insurance Subsidy Modification Continues the LOA Adds in specific amounts for the subsidy PEBB establishes subsidy rates Intent Continue part-time employee insurance subsidy Update subsidy amounts Minimize increased out of pocket costs to employees Continue PT employee paying additional $ if employee opts for a different plan than the Part Time Plan or changes to a different tier
Letters of Agreement Extended Intact Found in Appendix A Joint Committee on Salary Surveys Intermittent Union Leave Veteran’s Preference (with housekeeping changes) Article 19-Contracting Out Article 20-Layoff (50 mile layoff election option) Article 23-Education, Training and Career Advancement DEQ '11-'13 Contract Amendments60
DEQ/AFSCME Layoff Fundamentals Seniority Service Credits Geographic Area Five areas based on contractual boundaries Skills Registrations Project Management Computer Applications Etc.
State’s Five Geographic Areas Central Eastern Northwest Willamette Valley Southwest
Starting the Layoff Process After all budget decisions are made, a layoff list is posted. DEQ must provide 15 days prior notice to employees and the Union before initiating a layoff. During this 15 day window, the Union and HR meet formally to discuss possible workforce adjustments (WFA). At the end of the 15 day notice period, managers deliver written layoff letters to each staff on the list who did not get WFA. DEQ '11-'13 Contract Amendments63
Layoff Affected staff have 7 days to (1) finalize their Neo- Gov profile, including all relevant training, skills and experience; and (2) notify HR of their elections: a. Part time/full time option b. 50 mile option c. Displacement within same class, salary range or demotion d. Layoff DEQ '11-'13 Contract Amendments64
Qualifications and Bumping HR evaluates in seniority order and makes preliminary placement determination. HR provides opportunity for discussion with affected employee and their steward or union representative. Opportunity to provide additional information Placement decisions should be based on relevant and transferable knowledge, skills and experience. Affected section managers may be consulted, but final decision is by HR manager and MSD Administrator DEQ '11-'13 Contract Amendments65
Qualifications and Geography Article 20, Section 5, (f)(1) The employee may displace an employee in the agency with the lowest seniority in the same classification for which (a) he/she is qualified in the (b) same geographical area in the agency where the layoff occurs. DEQ '11-'13 Contract Amendments66
Qualified? To be qualified for the options under Section 5(f) (1) (2), and (3) the employee must meet all of the minimum qualifications for the position's classification and must be capable of performing the specific requirements of the position as stated in the position description within two (2) weeks. An employee who is seeking to displace another employee has no right to a trial service period of any duration in the position into which the employee is attempting to displace. Further, the two (2)-week time period is for the purposes of orienting an employee to the position, not training the employee to perform the work. Therefore, it is necessary that the employee can perform all of the core duties and responsibilities of the position as determined by the Agency prior to displacing person in the position. Article 20, Section 5 (f)
E xample: Evaluating Potential Placements Service CreditsNameClassDivision-SectionSkills 246.497Cline, Delbert PNR SPEC 3 WESTERN REGION DIVISION ** WATER QUALITY - ONSITE- COOS BAY Registered Sanitarian 185.000Hypothetical Employee ANRS-3 WESTERN REGION DIVISION**AQ POINT SOURCE COMPLIANCE-Coos Bay Inspections 182.779Hypothetical Employee CNR SPEC 3 WESTERN REGION DIVISION ** AQ POINT SOURCE PERMIT/COMPLIANCE -COOS BAY Inspections 173.057Abts, Martin ANR SPEC 3 WESTERN REGION DIVISION ** AIR QUALITY SOUTH - COOS BAY Inspections/Permitting 160.806Freeman, Lisa NNR SPEC 3 WESTERN REGION DIVISION ** HAZARDOUS & SOLID WASTE - MEDFORD Inspections 153.974Employee CNR SPEC 3 WESTERN REGION DIVISION ** AIR QUALITY SOUTH - MEDFORD Inspections/Permitting 150.604Clough, Eric SNR SPEC 3 WESTERN REGION DIVISION ** TANKS - COOS BAY 147.200Hypothetical Employee BNRS-3 WESTERN REGION DIVISION**AQ POINT SOURCE COMPLIANCE- Medford Inspections 131.312Croucher, Steven MNR SPEC 3 WESTERN REGION DIVISION ** AIR QUALITY SOUTH - MEDFORD Inspections/Permitting 51.234Jossie, Donald LNR SPEC 3 WESTERN REGION DIVISION ** WATER QUALITY - ONSITE - GRANTS PASS Registered Sanitarian 10.149Tugaw, HeatherNR SPEC 3 WESTERN REGION DIVISION ** OREGON PLAN - BASIN PLANNING - MEDFORD TMDL 9.919Esch, DavidNR SPEC 3 WESTERN REGION DIVISION ** HAZARDOUS & SOLID WASTE - MEDFORD Permits/Inspections SW Qualifications: Start at the bottom of the list and work up the list based on seniority.
Adjustment vs. Displacement Work Force Adjustment Trial service of 3 or 6 months is in effect DEQ may pay for moving expenses, if employee is eligible and funds exist Current employees aren’t displaced Union notification occurs Voluntary demotions are permanent. Need to apply for promotional opportunities Displacement No trial service No moving expenses Employee must be able to do job within 2 weeks of bumping into position Union notification occurs If an employee demotes, s/he is placed on the recall list for their previous classification
Summary of Recall and Secondary Recall Lists Agency Recall Intra-agency list Based on classification and geographic area Highest seniority that meets minimum qualifications and can do the job within 2 weeks is offered the opportunity Removed from the list after: Successful appointment to a position Refusing an appointment Secondary Recall List Inter-agency list Based on classification and geographic area (county and city) Need to be in good standing with no disciplinary actions within past 12 months Interview most senior people in the classification Serve a trial service period, typically at least 3 months
Preparing for a Layoff What Employees Can Do Review the Position Descriptions of positions they believe that they would be able to “bump” into according to the layoff language Contact the manager for the position in question to request additional information regarding the position qualifications The Agency and the Union request that employees not contact people in the positions you are considering-it causes understandable discomfort
How to Prepare for Layoffs Employees: Create or update your NeoGov profile and iLearn transcript Become familiar with the seniority list Evaluate options (displace/demote/layoff) Consider the Employee Assistance Program (EAP) Managers: Make sure your employees’ position descriptions are up to date DO NOT speculate about “fits” for employees Recognize that each employee will make decisions based on personal reasons Consider the Employee Assistance Program (EAP)