eZone   AFSCME Local 328
 4006 Barbur Blvd, Portland, OR 97239

Current Contract


APPENDIX B Conditions of Flex Staff Employment

Conditions of Flex Staff Employment
A. Purpose.  The purpose of Flex Staff positions is (1) to provide relief for absences of regular and Probationary Period employees, (2) to provide staff for short-term projects, and (3) to provide short-term supplementing of existing staffing levels.
B. Limitations on Flex Staff per Work Unit.  The Employer will continue to recognize all earlier negotiated agreements regarding the number of Flex Staff employed per work unit.  For work units not utilizing Flex Staff as of the date of this Agreement, the employer may employ Flex Staff up to a maximum of fifteen percent (15%) of a work unit’s employee population, but never less than one (1) per work unit.
C. Non-Applicable Sections of Agreement.  Flex Staff are subject to all provisions of the parties’ Agreement to the extent that they apply to contingent workers without guaranteed hours, except that the following provisions do not apply:
7.2 Scheduling of Work
8.2 Progression Increases
8.3 Merit-Based Adjustments
8.4 Market-Based Adjustments
8.5 Salary Adjustments upon Change in Status
8.6 Reclassification
9.1.4 Scheduling and assignment of overtime
9.3 Change in Reporting Time
9.4 Work on Recognized Holiday
11.2 Holiday Compensation 
Art. 12 Vacations
Art. 13 Sick Leave
14.1 Leaves of Absence with Pay
Art. 15 Insurance Benefits
Art. 19 Layoff
Art. 23 Discipline and Discharge [except 23.5, 23.6; see also Section D below]
D. Modifications of Contract Provisions.  The following provisions shall apply in modification or in lieu of the referenced contract provisions:
1. Seniority.  Flex Staff employees may exercise their seniority under the provisions of this Agreement only after regular and relief employees have had an opportunity to exercise their seniority rights in the applicable situation
2. Discipline and discharge.  Flex Staff shall be disciplined only for just cause.  The principles of progressive discipline shall be used except when the nature of the problem requires more serious discipline or immediate action.  Progressive discipline for Flex Staff includes the steps of written reprimand and discharge.  No other steps of progressive discipline shall be required.  
Flex Staff shall be entitled to a pre-discharge hearing which shall be held no sooner than 24 hours after receipt of written notice of the charges.  The written notice shall include the known complaints, facts and charges, a statement that the employee may be discharged, and a specific notice of the employee’s right to union representation at the pre-discharge hearing. 
All notices of pre-discharge and discharge shall be forwarded to the Union on the same day as the employee is notified.  
The employment of Flex Staff may also be terminated when there is no longer a need for their services.
E. Provisions Exclusively for Flex Staff.  The following provisions shall apply only to Flex Staff employees:
1. Scheduling.  A Flex Staff employee shall indicate to the Employer the days of the week, hours in the day and specialty areas, if applicable, he/she wishes to work. It is the Flex Staff employee’s ongoing responsibility to inform the department of changes in availability and/or interest.
2. Other Appointments.  Employees may not be appointed as Flex Staff concurrently with an appointment as regular, Probationary Period or limited duration employee.
3. Transition from Regular or Probationary Period to Flex Staff Status.  Upon conversion from regular or Probationary Period status to Flex Staff status, an employee shall be compensated for all accrued vacation, personal leave, and compensatory time.  Any accrued sick leave shall be frozen and unavailable for use unless and until the employee returns to his/her former status.
4. Rates of Pay.  The rate of pay for a flex staff employee may vary from the minimum hourly rate for the applicable job classification to 150% of the range maximum.  Rate of pay may be negotiated individually between the employee and his/her supervisor at any time. 
Appendix B
Form Letter to New Flex Staff Employees
You have been hired as a FLEX-STAFF employee in the _________________________ department of OHSU.  The purpose of Flex Staff positions is (1) to provide relief for absences of regular and Probationary Period employees, (2) to provide staff for short-term projects, and (3) to supplement existing staffing levels.
As a Flex Staff employee, you are NOT eligible for:
Step progression pay adjustments
Medical, dental or other insurance benefits
Layoff rights
Vacation, holiday or sick leave benefits
Job bidding
You are eligible for:
Retirement benefits after six months of employment 
Shift differential
Tuition discount (if regularly working over .5 FTE)
Applying the experience gained as a Flex Staff employee toward the minimum experience requirement of the applicable employment classification
Rate of pay may be negotiated individually between the employee and supervisor at any time.  
Information regarding classification pay ranges can be obtained from the OHSU Human Resources Department.
Copies of the Flex Staff Agreement between OHSU and AFSCME can be found in Appendix B of the parties’ Labor Agreement or may be obtained by contacting either the Human Resources Department or AFSCME Local 328.
Employee Signature


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