ARTICLE 5. DEFINITIONS
ARTICLE 5. DEFINITIONS The following terms, as used in this Agreement, shall be defined as follows, except as their context may otherwise require: 5.1 Class/Classification . A group of positions sufficiently alike in duties, authority and responsibilities that the same qualifications may reasonably be required for, and the same schedule of pay can be equitably applied to, all positions in the group. 5.2 Compensatory Time . Time accrued in lieu of cash payment. See Section 9.1.5. 5.3 Consensus . For purposes of Sections 7.4, 9.1.4, 12.4.1 and 19.11.1, the following provisions shall apply to the consensus process: a. The consensus process may be initiated by management or by 10% of the work unit. A small and representative ad hoc committee, including the unit manager, shall then meet to discuss feasibility of the consensus process for the identified topic, to problem solve initial barriers, to decide whether to move forward with the process, and to develop a communications strategy for the applicable work group. b. The ad hoc committee will determine the applicable work group based on the individual circumstances, including the nature and scope of the topic and those employees who would be directly impacted by the outcome of the process. c. A work group reaches consensus when, after collective deliberation of the matter, at least 80% of the group members who vote (rounded to the closest whole number), including management representatives, vote in favor of a solution. All directly impacted employees will be allowed to vote and will be provided a reasonable opportunity to vote. d. All consensus agreements and amendments must be submitted to Human Resources and the Union. e. A consensus agreement may be rescinded by agreement of a designated Human Resources representative and a designated AFSCME staff representative if it is found to be in violation of this Agreement or if it negatively impacts employees who are not subject to the consensus agreement. f. All consensus agreements for a work unit will be made readily available on the work unit and will be provided to new employees on the unit. g. Consensus agreements will remain in force for the term of this Agreement, unless earlier cancelled or amended in accordance with the process identified above. Additional guidelines for utilization of the consensus process are set forth in Appendix G. 5.4 Day – means calendar day unless otherwise indicated. 5.5 Demotion . A transfer of an employee from a position in one class to a position in another class having a lower maximum salary rate. See Section 8.5. a. Involuntary demotion means the demotion of an employee for reasons initiated by the Employer, including demotions for disciplinary reasons and demotions requested in order to retain employment when layoff is imminent. b. Voluntary demotion means a demotion requested by an employee where the action is entirely voluntary on the part of the employee and not taken for disciplinary reasons. 5.6 E-mail . Refers to the Employer’s electronic mail system as made available through the Information Technology Group (ITG) for business application purposes. See Section 2.9. E-mail use whether for business or personal use remains the property of the Employer and is subject to all policies and procedures for application and compliance review. 5.7 Essential Functions . The fundamental job duties of a position, not including marginal duties that have minimal consequences if not performed. The primary factors to consider when determining whether or not a function is essential are: Does the position exist to perform this essential function? Is the applicant being hired for specific, highly specialized expertise? How much time will be spent on the job performing the function? What are the consequences of not requiring the applicant to perform a particular function? 5.8 Evaluation Period . One of two types of working test periods – referred to as the Probationary and Internal Job Change Evaluation Periods – during which an employee is required to demonstrate his/her ability to successfully perform the essential job functions of the position. See Article 20. 5.9 Executive Organizational Unit (EOU) . A unit that is organized under an executive position or a combination of executive positions, and is accountable for an area of operations within the organization. There are five (5) separate EOU’s: Healthcare, Central Services, Research, School of Medicine, and Other Academic. See, e.g., Section 19.5. 5.10 Extended Medical Leave . Leave granted at the Employer’s discretion upon the application of the employee for additional unpaid leave after the employee exhausts all paid sick leave and unpaid leave due under the OFLA/FMLA. An employee who has been medically released to return from extended medical leave will be returned to their former department should a reasonable and suitable position, as determined by the Employer, be available within 60 days of notification of release. An employee who is not placed in their former department will be placed on the Preferential Hire List for a period of 90 days and provided with concentrated placement assistance by Human Resources. Should placement not occur during this period the employee will be considered an external candidate. The above timeline will be paused during periods when the Employer is in a hiring freeze. 5.11 Flex Staff Employee . An employee hired to provide relief for absences of regular and Probationary Period employees, to provide staff for short-term projects and/or to provide short-term supplementing of existing staffing levels (e.g., patient volume fluctuations). See Appendix B. 5.12 Full-Time Employee . An employee who holds an appointment at 1.0 FTE. 5.13 Lateral Transfer . The movement of an employee from one position to another in the same or a different class in the same salary range without a break in service. See Section 8.5.4. The term is distinguishable from the more generic “transfer,” which refers to any movement of an employee to a different position, whether by promotion, demotion or lateral transfer. 5.14 Layoff . A termination from service because of shortage of funds or materials, abolishment of position, or for other involuntary reasons not reflecting discredit on an employee. See Article 19. 5.15 Limited Duration Employee . An employee who is regularly scheduled on a full-time or part-time basis, who receives benefits and representation per this Agreement, but is excluded from layoff rights since his/her appointment from the outset is determined to be time, task and work unit limited. For the purposes of scheduling of hours, reduction of hours, and/or termination, Limited Duration Employees shall have seniority among themselves within their specific work unit based on job tasks. Positions on the seniority list will be determined at the time of hire. The Employer will notify the Union of any new or renewed limited duration employee position it establishes. Such notification shall include a description of the project and the duration for which the employee is being hired. 5.16 Managerial Employees . Managerial employees are defined as employees (1) who possess the authority to formulate and carry out management decisions, or who represent management’s interest by taking or effectively recommending discretionary actions that control or implement employer policy, and (2) who have discretion in the performance of these management responsibilities beyond the routine discharge of duties. 5.17 Orientation . A period of time not to exceed four (4) weeks for qualified applicants to acclimate to performance standards for a new job. 5.18 Part-Time Employee . An employee who holds an FTE status of less than 1.0 FTE. 5.19 Position Description . A description of specific duties and responsibilities, consistent with the appropriate classification specification, assigned to an individual. See Section 6.4. 5.20 Preferential Hire List . A list of persons (1) who have been regular employees with the Employer, (2) who either (a) have been laid off, (b) have been removed during a job change evaluation period and are not placed in their former department pursuant to Article 20.2, or (c) have returned from an extended medical leave of absence and are not placed in their former department pursuant to Article 5.10, and (3) who are eligible for hire into a vacant position for which they are qualified. Employees on the preferential hire list (“PHL”) are terminated from employment but retain all rights as otherwise specified in this Agreement. a. Employees on the PHL shall be eligible for hire into any position for which they are qualified. They must apply for any position they seek, including positions in their former classification unless the employee is medically restricted from working in such position. If the employee is determined by the Employer to be qualified for the position based on the specific job posting for the position, the current position description, and documentation identifying his or her skills, abilities and employment experiences, the employee shall be offered the position prior to any internal applicant. b. In accordance with Section 19.7, employees on the PHL as a result of having been laid off may remain on the list for up to eighteen (18) months. Employees placed on the PHL due to removal during a job change evaluation period who are not otherwise returned to their former department in accordance with Article 20.2 may remain on the PHL for six months. Employees returning from an extended medical leave and are not otherwise placed in their former department may remain on the PHL for 90 days in accordance with Article 5.10. c. Except as provided in Section 20.2.8, employees on the PHL are entitled to no more than one hire into a position from the PHL. d. The above timeline will be paused during periods when the Employer is in a hiring freeze. 5.21 Premium Pay . A rate of pay that is a multiplier (normally 1½ times) of the employee’s straight time or regular rate of pay. 5.22 Probationary Employee . An employee serving a Probationary Period. See Section 20.1. 5.23 Promotion . The movement of an employee from a position in one class to a position in another class having a higher maximum salary rate. See Sections 8.5 and 18.2. 5.24 Qualified . The applicant possesses the credentials or otherwise demonstrates the knowledge, skills and abilities to perform the essential functions as defined in the position description. 5.25 Reclassification . A change in classification of a position by raising it to a higher paid class, reducing it to a lower paid class, or moving it to another class at the same pay level. Reclassification must be based on finding that the duties of a position have been altered, are better described by another classification, and the incumbent is qualified to perform the duties of the position. See Article 21. 5.26 Regular Employee . A full-time or part-time employee who has completed the Probationary Period. 5.27 Regular Position . A position occupied by a regular employee. 5.28 Regular Rate of Pay . Straight rate of pay plus, where applicable, any differential payable under this Agreement, calculated on a weekly basis or bi-weekly basis, except where otherwise specifically provided in this Agreement. 5.29 Relief Employee . An employee who is assigned to work on an intermittent and sporadic basis without the guarantee of hours of work or a set work schedule, and who provides coverage during periods of Employer need due to vacation, sick, or other employee leaves of absence, provides staff for short-term projects and/or provides short-term supplementing of existing staffing levels (e.g., patient volume fluctuations). Relief employees are entitled to the same benefits afforded part-time employees, including the utilization of seniority in all relevant articles. a. Relief employees must be available to work at least four (4) days per pay period as determined according to the Employer’s needs. If a relief employee fails to meet this minimum obligation in four (4) separate pay periods within a calendar year, the employee will be deemed to have voluntarily resigned. b. Relief employees may be required to work holidays, weekends or variable shifts consistent with operational need. Such requirements will be identified in the employee’s offer letter. Variable shift requirements will also be identified on the job posting. c. During an initial period of disability, a relief employee is permitted to exhaust his or sick leave through utilization in order to become eligible for short term disability benefits. 5.30 Steward . A member of the bargaining unit designated by the Union to act on behalf of one or more bargaining unit employees. See Section 2.2. 5.31 Straight Rate of Pay . An employee’s base rate, without any additions. 5.32 Student Workers . An employee receiving an hourly wage for work performance who is enrolled in, on vacation from, or otherwise registered in a high school, college undergraduate program, or university graduate program and who has been hired into a student worker position. 5.33 Supervisors . To qualify as a supervisor, an individual must supervise, directly or indirectly, at least one employee who does not also directly report to another supervisor. Moreover, consistent with state law, an individual generally must supervise, directly or indirectly, more than one employee to qualify as a supervisor. For an exception to this rule to apply, the Employer must meet its burden of demonstrating that an individual qualifies by having substantial supervisory authority over one employee. Moreover, a supervisor may not go more than six (6) months without a direct or indirect report of at least one employee. Otherwise, the statutory definition in ORS 243.650 applies. 5.34 Suspension . A temporary interruption of work of an employee as directed by the Employer. During this period the employee shall be paid or not be paid per the discretion of the Employer. 5.35 Temporary Employees . Full or part-time employees employed by the Employer for a specific period of time to fulfill the specific needs of the Employer. Temporary employees are not covered by the terms and conditions of this Agreement. Temporary employees performing work that would otherwise be performed by bargaining unit employees will be employed for a finite period of time not to exceed 1,040 hours in a calendar year, unless an extension has been granted for one six (6) month period. If there is still a need for the services that have been performed by the temporary employee, then the employee or the employee’s replacement will be classified as a relief, Limited Duration Employee, or flex employee covered by the terms of the Agreement. 5.36 Termination . A voluntary or involuntary separation from employment. A discharge is an involuntary termination of employment without layoff rights. A removal from a position may occur only during an internal job change evaluation period (see Section 20.2). 5.37 Union Representative . Any representative of the certified bargaining agent, or any person designated or authorized by the certified bargaining agent, to act on the Union’s behalf. See Section 2.1. 5.38 Vacant Position . A new position or the opening of an existing position caused by an employee having vacated the position. See Article 18. 5.39 Work Unit . A work unit normally will fit within at least one of the following three definitions: a. A group that reports to the same supervisor or manager, b. A group that schedules vacations together, or c. A group that shares the same organization number. It is also recognized that “work units” may be shaped by such factors as geography, past practice, manager crossover, or other variables/unique circumstances.
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