AFSCME Local 328
4006 Barbur Blvd, Portland, OR 97239
ARTICLE 6 - EMPLOYMENT PRACTICES AND PROCEDURES
ARTICLE 6. EMPLOYMENT PRACTICES AND PROCEDURES
Equal employment opportunity. The provisions of this Agreement shall apply equally to all employees in the bargaining unit without regard to age, race, religion, sex, color, disability, national origin, veteran status, sexual orientation or political affiliation.
Affirmative action. The Union agrees that it will cooperate with the Employer’s implementation of applicable Federal and State laws and regulations pertaining to affirmative action, including but not limited to Presidential Executive Order 11246 as amended by Presidential Executive Order 11375.
Complaints of discrimination or harassment. Employees are encouraged to file all complaints alleging discrimination or harassment of a protected status as identified above with the Employer through its Affirmative Action Equal Opportunity (AAEO) Department. Alternatively, employees may file a complaint with the appropriate state or federal agency for resolution. If filed with the AAEO Department, the complaint shall be processed under the Employer’s rules pertaining to discrimination complaints. If the complaint is not satisfactorily resolved by the AAEO Department’s process, it may be submitted to the appropriate state or federal agency for resolution.
Pay Periods. Employees shall be paid bi-weekly.
Timekeeping Records. Employees are responsible for accurately recording and tracking their working time. Timekeepers shall not make adjustments to an employee’s timekeeping record unless requested to do so by the employee for a legitimate reason or authorized to do so by the supervisor. In the event a supervisor directs the timekeeper to make a change in an employee’s timekeeping record, the supervisor shall notify the employee of the change and the reasons for the change by the current payroll run deadline. Timekeepers shall not adjust overtime hours worked without prior approval of the employee and the supervisor. Employees shall not work off the clock, and managers shall neither direct nor condone such activity. In the event the Employer wishes to change the increments in which time worked is recorded and compensated, the parties agree to use the process outlined in Article 3.3 to resolve the matter.
Position Descriptions. Position descriptions shall be reduced to writing and delineate the specific duties currently assigned to an employee’s position. A dated copy of the position description shall be given to the employee upon assuming the position and at such time as the position description is amended. Any amendments which change responsibility sufficiently to warrant a classification change will be subject to the provisions of Article 21 addressing classification changes.
The position description will be used as a basis for preparation of work plans, competencies or other descriptions of employment expectations a supervisor may utilize. Nothing contained herein shall compromise the right or the responsibility of the Employer to formulate and/or modify position descriptions and to assign work consistent with the classification specification.
Work Life Balance. The parties recognize that work life balance arrangements, such as telecommuting and flexible start times, may be used to enhance productivity, recruit and retain a diverse and talented workforce, reduce costs, and address traffic congestion, parking constrictions and broader environmental interests. The Employer maintains a Teleworking policy that addresses these interests. The Union and the Employer will jointly develop guidelines for managers and employees to consider when flexible start times are requested. Telecommuting and flex start time arrangements require mutual agreement among the employee, supervisor and department/unit director and are approved on a case-by-case basis at the Employer’s discretion. If mutual agreement is not reached, the employee or the supervisor may seek assistance from the Human Resources/AFSCME group for problem solving and ideas for consideration.
Clarification of expectations. An employee may make a written request to his/her supervisor for clarification of the performance expectations of the employee in his or her position. Within a reasonable period of time following the request, the supervisor and the employee shall mutually develop the performance expectations, which shall delineate specific job requirements, expectations or objectives on which clarification has been sought. Employees will be allowed a reasonable period of time to achieve such expectations.
Change in circumstances. Whenever there is a substantial increase in workload or a directive is issued by the Employer that could cause the employee to substantially deviate from the previously agreed expectations, the employee may initiate and the supervisor and the employee shall mutually develop adjustments to allow the employee to carry out the changes necessary.
Failure to reach agreement. If the supervisor and the employee cannot mutually agree upon the performance expectations, the supervisor may unilaterally develop and implement such expectations for the employee.
Non-Job Related Illness or Injury. Legitimate, non-job related illness or injury which results in excessive absenteeism or in the inability of the employee to perform his/her duties in a safe and efficient manner may be unintentional and beyond the control of the employee. Such excessive absenteeism or inability to perform his/her duties shall be cause for counseling of the employee and shall be subject to the attendance policy applicable to the employee’s work unit.
Work modifications. An employee who has a non-job related illness or injury may request and the Employer may grant work that she/he can perform in accordance with the Employer’s processes. For temporary work modifications, the Employer shall estimate the duration of the assignment and notify the employee as soon as possible of the anticipated completion date.
The Employer will attempt to reasonably accommodate a disabled employee, as defined under state or federal law, with a job he/she can perform in a productive manner while maintaining an acceptable attendance record.
Inability to perform duties. If an accommodation that is mutually agreeable to the employee or the employee’s representative and the Employer cannot be found, the employee or employee’s representative and the Employer may mutually agree to temporarily replace the employee for a specified time. If mutual agreement on job accommodation or temporary replacement of the employee cannot be reached, the Employer may discharge the employee for inability to efficiently or safely perform the duties of his/her position. Such discharge shall be for just cause and subject to the grievance and arbitration provisions of Article 24.
Personnel file contents. The Employer’s file pertaining to an individual employee is referred to as the employee’s personnel file. The contents of each file are confidential as to the individual employee. An employee’s personnel file consists of his/her centralized personnel file in Human Resources and departmental personnel file. It does not include his/her supervisor’s notes file. A copy of each employee’s performance appraisal shall be maintained in his or her personnel file. No grievance material shall be kept in the personnel files after a grievance has been resolved except the resolution. An employee may include in his/her personnel file copies of any relevant material he/she wishes, such as letters of favorable comment, licenses, certificates, college course credits or any other material which reflects creditably on the employee. The Employer will provide the contents of an employee’s personnel file to the Union upon specific authorization of an employee or pursuant to its legal obligation to produce information requested by the Union.
Inspection. An employee may, upon request, inspect the contents and obtain copies of documents from his/her official personnel file, except for confidential reports from previous employers. If the employee submits his or her request at least fourteen (14) days prior to the requested inspection date, the Employer will provide each part of the employee’s personnel file for inspection at the same location. Employees will be charged for copies at the per page rate established by Employer policy. The Union will be provided notice and opportunity for input 60 days prior to any change in this rate.
Placement of documents in personnel file. The employee shall be asked to sign such material to be placed in his/her personnel files with an attached disclaimer that the employee’s signature confirms only that the supervisor has discussed and given a copy of the material to the employee, and does not indicate agreement or disagreement.
If an employee is not available within a reasonable period of time to sign the material, the Employer may place the material in the files provided that a copy of the document is emailed or mailed to the employee at his/her address of record.
Right of rebuttal. If the employee believes that any of the above material is incorrect or a misrepresentation of facts, he/she shall be entitled to prepare in writing his/her explanation or opinion regarding the prepared material. This shall be included as part of his/her personnel record until the material is removed.
Removal of materials. Except as provided below, materials reflecting written disciplinary action shall be removed from an employee’s active personnel file after two (2) years, upon written request of the employee to Human Resources, provided there have been no further disciplinary events of any kind during the two-year period. For disciplinary action issued subsequent to the effective date of this Agreement, such documents will be removed from the employee’s active personnel file into an archived file. Materials may be removed earlier upon mutual agreement of the manager and the employee. Only Human Resources personnel may have access to the archived file, except when archived records may be utilized in cases of potential discharge. If the employee has not requested removal and there have been no further disciplinary events during the two (2) year period, then the Employer will not consider the disciplinary action for purposes of progressing discipline. Exceptions are as follows:
These provisions shall not apply to disciplinary action of a written warning or higher for theft, willful misrepresentation, conduct threatening or endangering the safety of others in the workplace, or discrimination, harassment or assault/violence (as defined by law) against another person.
Verbal warnings shall be removed from the employee’s file after (1) year, at the employee’s request, if there have been no further disciplinary events during the one-year period.
Reporting Inappropriate Use of Resources, Waste or Fraud. Inappropriate use of Employer resources, waste or fraud shall be reported at the lowest supervisory level. Employees who believe that the lowest supervisory level is inappropriate or feel uncomfortable discussing this with their immediate supervisor are encouraged to contact the University Integrity and Compliance Office or the applicable Executive leader. The Executive leader or his/her designee may assign investigations of inappropriate use, waste or fraud to any of the following: University Integrity and Compliance Office, Legal Department, Human Resources, AAEO Department, Public Safety, or any other individual or entity she/he deems appropriate.
The Employer, to the extent consistent with its obligation to conduct a complete investigation and to take any remedial action that may be required, will seek to maintain confidentiality of the information disclosed during the investigation and will report the results of the investigation to the reporting employee. There shall be no retaliation taken against an employee who in good faith has reported inappropriate use of resources, waste or fraud, or who has cooperated in any investigation concerning such activities.
Personal Emergency Message Procedure. Personal emergency messages received by the Employer shall be delivered to the employee(s) as soon as practical after they are received, at which time the employee(s) shall be granted access to a telephone. The caller will be asked and encouraged to identify the nature of the emergency.
Personality Profiles. In the context of relationship or team building in the work unit, employees may be asked to voluntarily participate in personality profiling. Such profile will be returned only to the employee, who may or may not choose to discuss the results. Profile information will not be placed in employee personnel file(s). There will be no ramifications in employment matters for either participation or non-participation in personality profiling.
Uniforms. All Employees who are required to wear a uniform shall be furnished three (3) uniforms upon appointment unless otherwise specified by a letter of agreement between the parties. Necessary replacement uniform items will be provided as requested, up to two (2) uniforms annually, unless otherwise specified by a letter of agreement between the parties.
Contracting. The Employer may determine to contract or subcontract work, provided that as to work which is presently and regularly performed by employees in the bargaining unit, the Employer agrees to provide the Union with the opportunity to bid on such work that is being considered for contracting out in accordance with the model they have mutually developed. The Employer further agrees to negotiate, upon demand, the impact of the pending action on bargaining unit employees. It is specifically understood that the provisions of this paragraph shall apply when the contemplated contracting or subcontracting will result in the layoff of one or more employees, and that these obligations shall not apply where the impact is minimal. The severance benefit available to employees displaced as a result of contracting out is set forth in Appendix F, Section D.3. Employees who are displaced from the bargaining unit as a result of merger, joint venture or any other form of collaboration between the Employer and a third party, and who are not offered a position in a classification with similar job duties by way of a bona fide offer letter in the merged, joint venture or collaborative entity, will also be eligible for this severance benefit.
Performance Evaluations. The Employer may implement and maintain performance evaluation processes involving members of the bargaining unit. It is the goal of the Union and the Employer for all employees to have their work performance evaluated annually. It is the shared expectation that all constructive feedback, other than that gathered immediately prior to the evaluation from colleagues, will have been shared with the employee prior to the evaluation. Employees will have the right to provide a written response to any evaluation and to have the response placed in their personnel file.
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