AFSCME Local 328
4006 Barbur Blvd, Portland, OR 97239
ARTICLE 1 RECOGNITION AND UNION SECURITY
ARTICLE 1. RECOGNITION AND UNION SECURITY
Recognition. The Employer recognizes the Union as the sole and exclusive bargaining agent for all classified employees of the Employer, excluding registered nurses, police officers and those who are supervisors, managerial employees or confidential employees as defined in this Agreement and in ORS 243.650.
Classified employees. The parties agree that the term “classified employee” does not include temporary employees, student workers or any employee who regularly works less than 18.5 hours a pay period. The parties further agree that classified employees do not include employees with academic rank as defined in OAR 580-020-0005 or employees who share a community of interest with academic faculty and meet the additional criteria set forth in OAR 580-020-0006.
Bargaining unit exclusions. Upon excluding any position from the bargaining unit, the Employer shall send a notice to the Union of the position to be excluded along with the applicable position description. These positions questioned by the Union shall be discussed with the Employer within ten (10) days from the date of notification.
Unit clarification. Any dispute concerning bargaining unit composition pursuant to statutory terms that apply to the Employer shall be resolved by the Employment Relations Board. Any dispute concerning other terms to which the parties have agreed regarding bargaining unit composition shall be resolved in accordance with Article 24 – Grievances and Arbitrations.
Notice to new employees. The Employer shall furnish each new employee with a notice that the Union is the certified collective bargaining representative.
Union membership and fair share. Employees in the bargaining unit are required either to become members of the Union or to make payments in-lieu-of dues (also referred to as fair share payments) to the Union. Payments in-lieu-of dues shall be the equivalent of regular Union dues, subject to the fair share payer’s rights under state and federal law. Fair share payers are advised of their rights by an annual mailing from AFSCME Council 75 each December. The Employer agrees to remain neutral with regard to the administration of these rights, which will be the sole responsibility of the Union. New bargaining unit employees who do not become members of the Union within thirty (30) days after the effective date of their employment shall be deemed obligated to make payments in-lieu-of dues.
An employee’s chosen form of dues or payment in lieu of dues shall recommence upon reinstatement following a period of layoff or extended leave.
Dues and payments in-lieu-of dues for employees working less than full-time will be as outlined by Union policy.
Dues deduction. On the first and second pay period of each month, the Employer shall deduct a sum equal to one-half (½) of monthly Union dues from the wages of employees in the bargaining unit who are members of the Union and who have requested such deductions pursuant to ORS 292.055 and from the wages of employees who are not members of the Union. The first deduction shall begin on the first payroll period following authorization from the employee or thirty (30) days of employment, whichever occurs first. The Employer shall remit a payment for all said deductions to the Union within two (2) weeks after the deductions are made. Each payment shall be accompanied by a listing of the names, employee identification numbers, and the amount remitted for all employees from whom deductions were made during the period for such remittance.
Bona fide religious exemption. Any employee who is a member of a church or religious body having bona fide religious tenets or teachings which prohibit association with a labor organization, or the payment of dues to it, shall pay an amount of money equivalent to regular Union dues to a nonreligious charity or to another charitable organization mutually agreed upon by the employee affected and the Union. The employee shall furnish written proof to the Employer that this has been done. Notwithstanding an employee’s claim of exemption under this section, the Employer shall deduct payments in-lieu-of dues from the employee’s wages pursuant to this Article until agreement has been reached between the employee and the Union.
Union notification obligations. The Union shall provide membership applications to bargaining unit employees upon request and notify the Employer’s payroll office of the membership/fair share status of the employee. The Union will also notify the payroll office periodically of individuals who have become members of the Union and to whom the fair share provisions of this Article no longer apply. The Union shall also provide the payroll office and the Human Resources Director for Central Services or his/her designee thirty (30) days advance notice of a change in the amount of dues or payments in-lieu-of dues.
Indemnification. The Union agrees that it will indemnify, defend and save the Employer harmless from all suits, actions, proceedings, and claims against the Employer or person(s) acting on behalf of the Employer whether for damage, compensation, reinstatement or combination thereof arriving out of the Employer’s implementation of this Article.
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