AFSCME Local 328
4006 Barbur Blvd, Portland, OR 97239
ARTICLE 3 - GENERAL PROVISIONS
ARTICLE 3. GENERAL PROVISIONS
Binding Effect. This Agreement binds the Union and any person designated by it to act on behalf of the Union. Likewise the Agreement binds the Employer and any person designated by it to act on its behalf.
Complete Agreement. This document contains the full and complete Agreement of the parties. It supersedes any and all prior agreements and understandings between the Union and the Employer, except for any written agreements or understandings which the parties have agreed to continue in the same or modified form. Written agreements or understandings that fall within this exception are letters of agreement and other affirmative written acknowledgements by the parties that they have explicitly reached an agreement. The provisions of this Agreement define the rights and obligations of each party regarding the subject matter addressed. They take precedence over any past or existing practices that are inconsistent with these provisions. All rights and benefits conferred by these provisions shall, subject to the provisions of Section 3.3 below, remain unchanged during the life of the Agreement unless modified by mutual written agreement of the parties.
Non-Contractual Standards and Benefits. The following process for non-contractual standards and benefits shall apply to changes in standards or benefits that (a) constitute mandatory subjects of bargaining, (b) either are not covered by the provisions of this Agreement or the nature or extent of the benefit is not resolved by a reasonable interpretation of the applicable provision, and (c) either (1) are “well established” across the bargaining unit (defined as unequivocal, readily ascertainable, and mutually accepted by the parties over a reasonable period of time) or (2) confer a direct economic benefit on a specific work unit or units:
The Employer will notify the Union in writing in the event that it contemplates changing any such standard or benefit.
The Union may demand in writing to bargain over the contemplated change within fourteen (14) calendar days after receiving written notification by the Employer. If such a demand is not submitted within 14 days, the Union shall have waived its right to bargain over the change.
The parties will bargain in good faith with regard to the contemplated change. It is the parties’ full and mutual expectation that they will reach resolution through this process.
In the rare event that agreement is not reached through this process, the Union may submit the matter to arbitration within fifteen (15) days following the last date the parties met to negotiate the change. For purposes of this paragraph, the authority of the arbitrator, whose decision shall be final and binding, is limited to determining whether the contemplated change is unreasonable. “Unreasonable” means that the negative effect on bargaining unit members outweighs the need or benefit to the Employer. If timely submittal for arbitration is not made, the Employer may implement the contemplated change.
The Employer shall have the right to implement changes in other standards or benefits that are not covered under the above description or under the provisions of this Agreement. The provisions of this section shall not be deemed to restrict the Employer from exercising any of the management rights set forth in Article 4 or elsewhere in this Agreement, including but not limited to the adoption or modification of policies not inconsistent with the provisions of this Agreement. The parties further agree that any provisions of ORS 243.698 that are inconsistent with the provisions of this section shall not apply.
Savings Clause. This Agreement is subject to all existing and future State and Federal laws and regulations. In the event any provision of this Agreement is declared invalid by any court of competent jurisdiction or by ruling of the Employment Relations Board, then only such portion or portions shall become null and void and the balance of the Agreement shall remain in effect. The Employer and the Union agree to immediately meet, negotiate, and agree upon a substitute for the portion or portions of the Agreement so affected and to bring them into conformance with the law no more than sixty (60) days after notification, unless extended by mutual agreement. If agreement on such matters is not reached within a reasonable period of time, the provisions of Article 25 – Strikes, Lockouts and Picket Lines shall not apply.
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