AFSCME Local 328
4006 Barbur Blvd, Portland, OR 97239
ARTICLE 2 - UNION PROVISIONS
ARTICLE 2. UNION PROVISIONS
Union Representatives. The Union will select certain of its agents as “Union Representatives,” as defined in Section 5.36, and certify in writing their names to the Human Resources Director for Central Services or his/her designee. Union representatives will be allowed to visit the work areas of employees during work hours, after advising the Human Resources Director for Central Services or his/her designee of their presence, for the purpose of meeting with employees regarding matters affecting their employment. Such visits are not to interfere with the normal flow of work.
Appointment of Stewards. The Union shall appoint stewards, including one (1) Chief Steward, (1) Senior Lead Steward, eleven (11) Lead Stewards, and additional regular Stewards. The Union shall immediately notify the Human Resources Director for Central Services or his/her designee of the names of Stewards upon their selection and the area(s) each steward represents. Managers are encouraged to make space available within their departments for posting of the name and location of the Steward for that area or department. There shall be no more than two (2) stewards employed in a work unit of more than twenty (20) employees and no more than one (1) steward employed in a work unit of 20 or less employees.
Paid release hours. The Employer will provide 3,420 paid release time hours each fiscal year, July 1 through June 30, for the purposes described in this Section 2.2.
Each Steward shall be granted no more than forty-eight (48) hours, each Lead Steward shall be granted no more than one hundred fifty (150) hours, and the Senior Lead Steward will be granted no more than one hundred eighty (180) hours per fiscal year, or a proration upon appointment.
An employee’s total release time for Union activity under this Article shall be limited to no more than twenty (20) hours per month. This limitation, however, shall not include release time under Section 2.10 or Section 2.12 or time spent at the Employer’s request, and shall not apply to Section 2.13. This limitation may be exceeded when attending a Union convention as a mandated or elected delegate.
Before a Steward exhausts his/her allotted time in the course of fulfilling his/her responsibilities, s/he may submit to Human Resources a written request for necessary additional time. Such requests for additional time shall not increase the total annual release time hours as provided herein.
For a block period of up to three (3) months in a calendar year, a manager may decline to release a Union steward based on a hardship exemption. This provision shall not apply to Lead Stewards or Chief Stewards.
No paid release hours under this paragraph shall be paid at the overtime rate; the Union shall reimburse the Employer for any such overtime improperly recorded and paid.
Activities of stewards and notice to supervisors. Stewards may receive but not solicit, and may discuss in person or by telephone or email, complaints and grievances of employees on the premises and time of the Employer, but only to the extent that such activity does not neglect, retard or interfere with the work and duties of the Stewards or with the work or duties of employees. Distribution of materials will also be done in a manner that will not interrupt other employees’ work. If the permitted activities would interfere with the work or duties of the Steward or the grievant, the direct supervisor(s) shall, within the next working day, arrange a mutually satisfactory time for the requested activities. No steward shall meet with an employee/grievant in a work area unless necessary as part of a specific investigation.
Stewards shall not suffer loss of pay or other benefits as a result of fulfilling their responsibilities, provided that they properly notify their immediate supervisor. Such responsibilities include investigation of grievances, attendance at grievance meetings, attendance at investigatory meetings, distribution of Union information, and attendance at Steward meetings and training sessions. A work release for quarterly or new steward training shall require a minimum of six (6) weeks’ prior notice to the Steward’s supervisor. Time spent in otherwise permitted activities without proper notification and release by the supervisor(s) involved will be considered unauthorized leave without pay for both the Steward and/or the grieving employee and may be disciplined accordingly. Each Steward shall maintain a record of dates and times spent on the functions described in this Article.
No Steward will travel more than five (5) miles outside of the geographical area in which he or she is employed (Portland metropolitan area, West Campus, Eugene, or other location more than 40 miles from a recognized geographical area) for steward activities other than monthly steward meetings and formal steward training
Chief Steward. The Chief Steward shall be granted up to 208 hours annually, half of which shall be reimbursed by the Union. The Chief Steward shall have a telephone line provided by the Union, which shall be responsible for the installation and monthly charge. If located on campus, it will be placed in a mutually agreeable location and fitted with an answering machine. Voice mail shall be provided and paid for by the Union.
Union notice of meetings, training sessions and on-call calendar. The Union will notify the Human Resources Director for Central Services or his/her designee within thirty (30) days of the signing of this Agreement as to the date and time of the monthly steward meeting. The Union shall also provide notice of scheduled training sessions or a change in the date/time of the monthly steward meeting at least fourteen (14) days in advance of the event. The Union will also advise managers of stewards at least thirty (30) days in advance of its on-call calendar.
Education and training. First time stewards shall be granted up to sixteen (16) hours during regular scheduled working hours without loss of pay or other benefits for education and training. This training shall include, but not be limited to, collaborative skills, steward procedural requirements, fact-finding skills and the grievance process. Continuing shop stewards shall be granted eight (8) hours per year during regular scheduled working hours without loss of pay or other benefits for upgrading and reaffirming the previously learned skills.
Mutual training responsibility and accurate timekeeping. The Employer and the Union shall each be responsible for training its respective representatives so that they have a full and accurate understanding regarding the contents of this Article 2. The parties shall jointly develop clear and concise written instructions for supervisors and Union stewards to assure accurate recording of time under this article.
Protected activity. The Employer agrees there shall be no reprisal, coercion, intimidation or discrimination against any Steward for the conduct of the functions described in this Article.
Bridgebuilder Program participants. Time spent by an employee performing an intervention (including preparation and report writing related to the intervention) under the Bridgebuilder Program may be treated as steward time subject to the provisions of this Section 2.2. Bridgebuilder Program participants who are not stewards shall be eligible for the same hours of training for which stewards are eligible under Section 2.2.6. Subject to the provisions of Section 2.2.2, no employee will be granted more than 48 hours per fiscal year plus the hours allowed under Section 2.2.6 for combined activities as a steward or a bridge builder.
Informational sessions. Up to two (2) times per year, the Employer and the Union will jointly present a one-hour informational session which managers and employees may attend regarding the steward program.
Release Time. Employees will be afforded release time when attending an investigatory meeting with the Employer or a Step 1 or 2 grievance meeting.
Meetings. Upon request of and approval from the Employer, the Union shall be allowed the use of the facilities of the Employer for meetings when such facilities are available and the meeting would not interfere with the business of the Employer.
New Employee Orientation. The Employer shall provide the Union up to thirty (30) minutes at group orientation to advise new employees of the rights and responsibilities of Union membership. In the event the employee is not able to attend the group orientation, the Union is allowed up to fifteen (15) minutes to make a presentation to the new employee at a time mutually agreeable to the parties. The Union orientation will identify the Union’s status, organization benefits, facilities, related information and the distribution and collection of membership applications. This time is not to be used for discussion of labor/management disputes. The Employer shall provide the Union at least ten (10) days’ notice of the time and place of new employee orientation meetings.
Time spent by an employee making a presentation at new employee orientation (NEO) may be treated as steward time subject to the provisions of Section 2.2. Such time will be limited to one (1) employee per NEO. No employee will be compensated more than one (1) hour per month under this provision. Time compensated under this provision will count toward the individual maximums set forth in Section 2.2. Release time for this activity will be subject to operational need as determined by the Employer. The Union will provide to the Employer as much notice as reasonably possible of employees it desires to have released from work under this provision.
Bulletin Boards. The purpose of all bulletin boards addressed in this Section is to disseminate Union and Labor/Management information. Adequate, neat and clean bulletin board space on and off campus will be used for Union and Labor/Management communications to provide easy access and up-to-date information.
Union bulletin boards located in public areas shall be limited to communications dealing with social functions, meetings, educational opportunities, elections, Union appointments, and such other information as may be approved by the Human Resources Director for Central Services or his/her designee.
There will be a minimum of one (1) bulletin board space in each OHSU building in which AFSCME-represented employees work. Bulletin boards shall be placed in mutually agreeable locations.
Additionally, department managers are encouraged to make space available within their departments for Union and Labor/Management information dissemination.
The cost of new bulletin board purchases and initial installations will be shared by the Union and the Employer.
If concerns or questions arise regarding maintenance of, additions to, or changes in locations of bulletin boards, they should be brought to the Human Resources Director for Central Services or his/her designee for resolution.
Bargaining Unit Data. The Employer shall provide electronically to the Union the names, home addresses and telephone numbers, department, department code, departmental telephone number, work location, email address, campus mail code, employment status, class code, FTE, hourly rate of pay, job title, original hire date, current hire date, salary grade, benefit eligibility, overtime waiver status, and membership status of all bargaining unit employees on a monthly basis.
The Employer further agrees to provide to the Union upon request, but no more than four (4) times per contract year, the name, department, work location, rate of pay, hire and termination date of every temporary, limited duration and student employee employed by the Employer. The parties understand that this information will not include employees hired through employment agencies.
In addition, the Employer will furnish the Union monthly with the name, classification, rate of pay and date of employment of all new hires and with the names and contact information of new retirees.
The Employer will make a good faith effort to ensure the accuracy of data provided pursuant to this Section 2.7.
Use of Campus Mail. Union communications allowed under this paragraph refer exclusively to official Union communications from bona fide Union representatives. The content of all such communications shall not be demeaning, derogatory or inflammatory (as defined in Section 2.9 below) in nature. The Union shall be allowed the use of the campus mail under the following circumstances, and will coordinate any such mailing with a management representative in the mailroom to lessen the impact on the mailroom:
Communicating to Union representatives (officers, committee members, stewards and navigators) not to exceed ten percent (10%) of the bargaining unit membership based on membership census as determined each July 1st.
Communicating with new employees within four (4) months of their hire date, provided that said communications occur in bulk once every calendar quarter.
Distributing copies of this Agreement to bargaining unit employees by delivery in bulk to each department.
Distributing materials to 500 or more bargaining unit members by delivery in bulk to each department, or to members in a single work unit or department on business specifically affecting that work unit or department, if the Union receives approval from the Human Resources Director for Central Services or his/her designee.
To communicate on an individual basis with a bargaining unit member regarding such materials as a membership card, grievance form, or reimbursement check.
In addition, bargaining unit members shall be allowed to return information in the campus mail to one central campus location designated by the Union up to four (4) times per year.
Use of Employer’s Electronic Mail. Use of the Employer’s email system for Union communications shall be limited to the uses described below. The content of all such communications shall not be demeaning, derogatory or inflammatory in nature. Inflammatory language is defined as language threatening disorder or other normal functioning of the business; maliciously disparaging the Employer or otherwise unduly interfering with the Employer’s business interests; inciting prejudice, animosity, hatred, discrimination and/or intimidation against other employees; advocating violence; or containing immoral or obscene comments disloyal to the Employer.
Union communications from external sources. Union email communications to employees from sources external to the Employer’s server must be sent either before 8:00 a.m. or after 5:00 p.m. They must identify the Union as the sender. The first line in the body of the email message must contain the instruction that the recipient read the email only during non-working time. Employees shall have the opportunity to opt out of the addressee group for receiving such emails.
When the Union wishes to send an email from external sources to the bargaining unit as a whole through the Employer’s email system, the Union will provide to the designated Employer representative at least two (2) full business days (i.e., at least 48 hours) in advance the content of such email communication. The designated Employer representative will have an opportunity during this time period to review and provide comment to the Union regarding the communication content and its conformance with this Section 2.9. The Union will in good faith consider and incorporate the Employer’s feedback. The Employer will not have the authority to veto the content of the Union’s communication.
Further, the Union will concurrently provide the designated Employer representative with a copy of any email sent bargaining unit-wide.
Union communications from internal sources. Union communications from an OHSU email address or a personal email account while on OHSU equipment shall be restricted to the uses described in this paragraph. First, Union officials will be permitted access to the Employer’s e-mail system for communicating to Union representatives (officers, committee members, stewards and navigators) not to exceed ten percent (10%) of the bargaining unit membership census as determined each July 1st. Second, Union officials may, in accordance with Employer policy, communicate by email to groups of bargaining unit employees greater than fifty (50) total in number no more than four (4) times per year, provided that the communication is (1) approved by the Human Resources Director for Central Services or his/her designee, and (2) limited to matters dealing with Union social functions, meetings, educational opportunities, elections, appointments, bargaining updates prior to impasse, and/or such other information as may be approved by the Human Resources Director for Central Services or his/her designee. Third, the Union shall be permitted up to eight (8) notices per year referring members to the Union’s website provided such notices are in accordance with Employer policy and remind employees to view such materials only on non-working time. No external political advocacy information may be distributed by email from internal sources.
Employees’ use of e-mail. Employees shall be permitted use of the Employer’s e-mail system for the purpose of communicating with Union representatives and co-workers regarding Union matters, provided the origination and reading of such communications occurs only during non-working time. Bargaining unit employees will be permitted access to the Internet during their non-working time on equipment and locations as permitted by the Employer. Employees shall be limited to no more than one (1) page of printed text per each authorized e-mail message or as the result of any e-mail message as provided herein.
Negotiating Team. The Union’s negotiating team shall consist of a maximum of thirteen (13) employees. Negotiating team members shall be paid for attendance at negotiations sessions with the Employer, including joint training and caucuses occurring during such sessions, provided that such attendance shall not result in overtime pay. In no event shall such paid time exceed the number of regularly scheduled hours for which an employee is released to attend negotiations. The parties shall establish a process to address time spent by negotiating team members on other Union activities when they are participating in contract negotiations. Negotiating team members may be selected from any of the work units represented by the Union. If more than one Union member is elected from a work unit, the Union shall reimburse the Employer for the payroll costs of the additional member(s) for time spent participating in bargaining. The Employer recognizes that employees representing the Union during the process of negotiations are acting on behalf of the Union as members.
Union Leave. Employees elected to any Union office or selected by the Union to do work which takes them from their employment at the Employer may, upon written notice of at least sixty (60) days, request and be granted a leave of absence of up to 90 days. The timing of such leave, however, must be by mutual agreement between the employee and the manager. Such leave may be requested either in block or in increments. The scheduling of incremental leave will be by mutual agreement between the employee and his/her manager. Incremental leave will be taken within a 12-month period commencing with the first day of leave and is subject to the restrictions in the next paragraph. If the employee and his/her manager cannot reach agreement on incremental leave, the employee will be granted the leave in a block. Upon mutual agreement, union leave may extend beyond the 90-day period.
The Union will cooperate with the Employer by limiting such requests so that a maximum of five (5) employees altogether, and a maximum of one (1) employee per department, will be granted such leave at any given time. An employee shall be granted such leave no more than one (1) time every three (3) calendar years. Union leave includes an employee taking time off to attend a Union conference or convention unless the employee is attending as a mandated or elected delegate; an employee shall be granted such leave no more than once per year
Employees on Union leave shall not be considered to be in employment status for any purpose, including but not limited to matters of liability, except as noted below. During such leave the employee shall be insured for worker’s compensation purposes by the Union. The Employer agrees to maintain the employee’s health benefits, wages, retirement contributions, seniority points (accrued at the rate equivalent to the employee’s regular work week schedule) and any other benefits during the duration of the approved Union leave. The Union agrees to reimburse the Employer for the costs of said wages and benefits. Any employee who has been granted such leave and who fails to return at the expiration of said leave shall be considered as having resigned the employee’s position of employment.
Release for Legislative Activities. Employees selected by the Union to assist in interacting with members of the Oregon State Legislature or their staff will be released to provide such assistance if they give at least forty-eight (48) hours’ advance notice to their immediate supervisor. An employee will be entitled to release time under this provision for no more than two (2) shifts per calendar year. The Union will cooperate with the Employer by limiting such requests so that a maximum of five (5) employees will be released at any given time. Such release time may be denied to an employee if granting it would impose an extreme hardship on the department or compromise patient safety. The Union will reimburse the Employer for paid time spent in legislative activities. The Union will also reimburse the Employer for any premium pay, overtime or penalty pay paid by the Employer for coverage issues resulting from a release from work under this paragraph.
Union President. The Employer will grant the Union President paid time of eight (8) hours per week, prorated per FTE. The President shall be compensated for up to an additional twelve (12) hours per week by the Union, prorated per FTE, subject to approval by the Union’s Executive Board. This weekly allotment shall include all time spent by the President on Union activities, although it may be exceeded when attending a Union convention as a mandated or elected delegate. The President and his/her manager shall mutually develop an ongoing schedule for the purpose of assuring reliable work attendance.
E-Committee and E-Board Members. The Employer will grant time off, as allowed by operational need, to Union Executive Committee members for attendance at monthly meetings of the Union’s Executive Committee and at monthly membership meetings, and to Executive Board members for attendance at monthly Executive Board meetings. The Union will reimburse the Employer for paid time spent at these meetings.
Other Union Business. Except to the extent described in this section, the internal business of the Union shall be conducted by the employees during their non-duty hours.
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