Changes to the SEIU and State of Oregon SEIU and State of Oregon Collective Bargaining Agreement Collective Bargaining Agreement DAS Human Resource Services Division, Labor Relations Unit Eva Corbin, LRU Deputy Administrator Craig Cowan, State Labor Relations Manager SEIU REPRESENTED AGENCIES

Labor Relations Unit SEIU CBA Training2 Training Objectives To provide an overview of the bargaining process To provide clear understanding of the intent/application of the changes To review Application of Specific Current Language Provisions and Practices

Labor Relations Unit SEIU CBA Training3 Article 10 – Union Rights MODIFICATION Section 13:  SEIU biennial General Council or the SEIU quadrennial International Convention MISUSE REMINDER  Employee/Steward versus SEIU Staff  DAS notify SEIU Executive Director when SEIU staff violate the CBA INTENT Employee uses own accrued leave time or leave without pay to attend the SEIU Biennial General Council or international convention Union provides notice requesting release Release remains subject to Operating needs of the employee’s work unit To ensure appropriate use of the system by allowing agency to decide whether to monitor its message system

Labor Relations Unit SEIU CBA Training4 Article 13 – Contracting Out MODIFICATION Section 1:  added “request” bids “or proposal”INTENT Housekeeping to clarify intent that the Employer provides no less than 30-days notice to Union before it requests bids or proposals

Labor Relations Unit SEIU CBA Training5 LOA – Feasibility Form MODIFICATION Deleted reference requiring state to only use 80% only state employee wages when contractor’s wage rate is lower INTENT Requires agencies to count 80% of affected employees’ straight time wage rate for all contracting out when completing the feasibility form

Labor Relations Unit SEIU CBA Training6 Article 13 – Contracting Out Feasibility Form MODIFICATION Why is contracting out being considered? How will the quality of the services be maintained by contracting out of work? NEW - Section 2. Renewal of Existing Contract How has the contractor’s performance affected the delivery of effective and efficient services? Is the cost of continuing the contracting out of services greater than the most recent bid? If yes, itemizeINTENT Include the initial reason for contracting out the work currently performed by the current employees Include the potential quality of services anticipated/expected if the work was contracted out New Section 2 response will address whether problems occur that affected the delivery of services; whether the renewal’s higher cost is a direct result of the contractor low balling the initial bid

Labor Relations Unit SEIU CBA Training7 Article 22 & 22T – No Discrimination MODIFICATION Added “or any other protected class under State or Federal law” Gender identity INTENT Recognizes changes that may result without enumerating all potential protected classes Incorporated SB 2

Labor Relations Unit SEIU CBA Training8 Article 27 – Salary Increase MODIFICATION 3% - July 1, 2007 or flat $80 3.2% November 1, 2008 or flat $85 INTENT To address union’s concern about not keeping up with inflation/CPI. General increases do not apply to employees red circled above the salary range

Labor Relations Unit SEIU CBA Training9 Article 27 – Salary Increase (cont.) MODIFICATION October 1, 2007 – 30 New/Revised classifications July 1, Selective Salary increases All new/revised classes and selective increases implemented with least cost method INTENT To retain affected employees at same pay rate until SED. Two exceptions:  If below first step, move to first step of new range  Eliminate off step pay by placing employees not at a corresponding salary step move on to next higher rate Not intended to conflict with Article 29, Sec. 3(b) – Performance Increases

Labor Relations Unit SEIU CBA Training10 Article 27 – Salary Increase (cont.) MODIFICATION November 1, 2008 – Truncate steps to Salary Ranges 5 thru 10 for all affected classifications INTENT Least cost placement Affects the following classifications  Agricultural Workers  Food Service Worker 1 & 2  Forest Lookout  Forest Nursery Worker 1 & 2  Mail Services Assistant  Office Assistant 1 & 2  Parks Conservation Aide  Public Service Rep. 1  Student Office Worker  Traffic Survey Interviewer  Custodian

Labor Relations Unit SEIU CBA Training11 Article 29 – Salary Administration MODIFICATION Recoupment of Wage and Benefit Overpayments  Reorganized and renumbered paragraphs  Establishes fifty dollars ($50.00) or less for providing notice to employee via the employee pay stub INTENT To diminishes administrative workload to do official letters for small amounts To recover overpayments of more than fifty dollars ($50.00) by payroll deduction requires prior notice to employee pursuant to the current procedure

Labor Relations Unit SEIU CBA Training12 Article 31 - Insurance MODIFICATION Remainder of calendar year (7/1/07-12/31/07) and 2008 Plan Year 2009 Plan Year: 12% and potential to use PEBB reserve funds If PEBB reserves not used, Union may chose to implement Option 1 or Option 2 INTENT To continue fully paid insurance for PY 2007 and 2008 To agree to a contingency plan - if 2009 premium composite rate exceed 12% without reopening negotiations:  Mutual request to use PEBB reserve funds;  if PEBB declines to use reserve funds; Union may chose either Option 1 - reduce 11/1/08 salary increase by.25% for each 1% premium increase; or Option 2 – delay 11/08 salary increase

Labor Relations Unit SEIU CBA Training13 Article 31 – Insurance - Letter of Agreement Part Time Employee Health Insurance Subsidy MODIFICATION Provides for Employer subsidy for part-time employeesINTENT Update the current subsidy for PT employees 2008 Subsidy will continue to defray pay out of pocket cost based on PEBB criteria/formula PT employee will continue to pay additional money if employee opts for a different plan other than the Part Time Plan

Labor Relations Unit SEIU CBA Training14 Article 32 - Overtime REVIEW OF CURRENT LANGUAGE FLSA-Exempt –new payroll code “STA” (Straight Time Leave Accrued) Eliminate the use of compensatory time code to capture additional hours worked Sick Leave exclusion from overtime calculation  HANDOUT – Revised example of time worked towards OT with and without sick leave counting  Continue to use AST (Additional Straight Time) Code – the code is used to record extra hours worked when the employee uses leave for sick leave in the same workday or same workweek and is not mandated to work on his/her day off  Employee should still accrue full leave accrual if employee is not in leave without pay

Labor Relations Unit SEIU CBA Training15 Article 51 – Limited Duration Appointment REVIEW Duration of Appointments – 2 years  Mutual agreement between DAS and SEIU to extend beyond 2 years  Extension can occur before or after appointment begins depending on work needs No “just cause” to end appointments Work load appointment - 17 months or longer  Lay off rights to bump lower senior employees pursuant to Article 70  Full time LD can bump Perm/full time; part-time LD can bump perm/part time)

Labor Relations Unit SEIU CBA Training16 Article 51 – Limited Duration Appointment (continued) REVIEW Non workload appointments  No layoff rights; place on agency recall list but not on secondary recall list  Follow Article 70 for duration and recall purposes DAS sends list of LD appointments to SEIU every 6 months  Ensure that the codes are used for type of appointment 1 – Workload2 – Grant3 – Contract 6 – Project7 – Position Reduction9 – Other Limited Duration Appointment of employees who were formally classified State employees  Layoff rights in the new agency provided classification exist  If classification or successor classification does not exist in new agency, employee is not retained and no layoff rights

Labor Relations Unit SEIU CBA Training17 Article 56 – Sick Leave MODIFICATIONS/ REVIEW Use sick leave to care for sick grandchild FMLA - Written designation to retain leave Designation must be within 5 business days of the beginning of the qualifying leave. if designation is not timely - no restoration of leave or recoup pay INTENT HB 2635 provides for leave for purposes of caring for grandchild Consistency in setting timeline for all instances of FMLA absences To avoid or minimize administrative workload to restore or recoup pay

Labor Relations Unit SEIU CBA Training18 Article 56 – Sick Leave REVIEW Hardship Leave  An employee must meet the qualifying period  After satisfying the eligibility requirements to receive donations, employee can use leave intermittently  Employee accrue additional leave while using donated leave FMLA or OFLA – Use of Leave  Leave accrued during a month is not available to use in that month; once an employee is in leave without pay, the additional leave remains in account  If employee request to reserve 40 hours use down paid leave balance to ensure that the employee retains only 40 hours (e.g., no in and out of LWOP)  Employee can not revert to using the reserved paid leave during LWOP and ineligible for hardship leave  Leave reserve available for use when employee returns from LWOP for absences, whether for medical, vacation or other personal reasons

Labor Relations Unit SEIU CBA Training19 Article 57 – Bereavement Leave MODIFICATION Employees eligible to receive a maximum of 24 hours paid bereavement leave, prorated for part time employees Agency may request documentation INTENT Establishes additional leave for all affected employees Confirmation if necessary for requested leave PAYROLL CODE:  FL (Funeral Leave)

Labor Relations Unit SEIU CBA Training20 Article 66 – Vacation Leave MODIFICATION/ REVIEW Additional 2 hours per month for employees with 25 or more years or annual season; or, 300th month calendar months of service INTENT To recognize the workforce and years of service

Labor Relations Unit SEIU CBA Training21 LETTER OF AGREEMENT Article 106 – Labor/Management Committees - Training MODIFICATION/REVIEW Upon request, agencies will adjust their current scheduled time of the Agency’s Statewide Labor Management Committee meeting by up to 30 minutes to allow union committee members to meet prior to the joint meeting The agency may grant additional time or extend to other regional L/M committees Paid time Joint Training/CurriculumINTENT Allows union members to discuss issues on agenda before meeting Allows agencies to extend to other regional L/M Committees Paid time/agency approves adjustment to schedule when trainings held during employee regular work schedule for Agency Statewide Committee Parties will identify and use resources and determine curriculum

Labor Relations Unit SEIU CBA Training22 Article 123 – Inclement or Hazardous Conditions MODIFICATION Provides for designated employees required to report to work opportunity to make up time Holiday - use of paid leaveREVIEW Employees required to report to work notified by November 1 st each year (2 weeks advance notice when designations change. LWOP if employee mandated to report to work does not report INTENT Make up time within same week if approved and work is available for employees who show up within 2 hours of scheduled shift Minimizes loss of pay – employee must meet half day of paid time eligibility requirements of Article 58, Section 3

Labor Relations Unit SEIU CBA Training23 Article 132 (NEW) – Criminal Records Check MODIFICATION Establishes minimum notice requirements for conducting records check Establishes record check requirements and exceptions in filling vacancies Bargaining duty if Agency changes policy/rule Appointment to positions will not be delayed Fitness determinations can not be grieved Affirms an employee’s right to grieve Establishes meeting requirement with an employee. INTENT Establishes uniform conditions and requirements for conducting criminal records checks on employees.