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

Current Contract



Contract Variations Applicable to Salaried Employees
This appendix sets forth terms and conditions of employment that shall apply uniquely to salaried employees:

1.    Non-applicable contract provisions.  The following provisions of the Agreement do not apply to salaried employees:
a.    Employment Practices and Procedures, Article 6.3, Timekeeping Records
b.    Hours of Work, Article 7.1 Work Week and Extended Work Week
c.    Hours of Work, Scheduling of Work, Article 7.2.1 Shifts in Excess of 12 Hours
d.    Hours of Work, Scheduling of Work, Article 7.2.2 Split Shifts
e.    Hours of Work, Scheduling of Work, Article 7.2.4 Request for flexible work schedules
f.    Hours of Work, Scheduling of Work, Article 7.2.6 Changes in reporting time
g.    Hours of Work, Scheduling of Work, Article 7.2.8 Non-guarantee of hours
h.    Hours of Work, Article 7.3 Report Pay
i.    Hours of Work, Article 7.4  Availability of Additional Work
j.    Hours of Work, Article 7.5 Rest Periods
k.    Hours of Work, Article 7.6 Meal Periods
l.    Hours of Work, Article 7.7 Time off Between Regularly Scheduled Shifts
m.    Hours of Work, Article 7.8 On Call
n.    Hours of Work, Article 7.9 In-House Standby
o.    Hours of Work, Article 7.10 Shift Trades
p.    Hours of Work, Article 7.11 Clean Up Time
q.    Overtime and Premium Pay, Article 9.1 Overtime
r.    Overtime and Premium Pay, Article 9.2.1 Compensation Rate
s.    Overtime and Premium Pay, Article 9.2.2 Commencement of Compensation
t.    Overtime and Premium Pay, Article 9.3 Change in Reporting Time
u.    Overtime and Premium Pay, Article 9.4 Work on Recognized Holiday
v.    Differential Pay, Article 10.1 Shift Differential
w.    Differential Pay, Article 10.2 On-Call Pay
x.    Differential Pay, Article 10.3 Work from Home
y.    Differential Pay, Article 10.4 In-House Standby Compensation
z.    Differential Pay, Article 10.11 Weekend Differential
aa.    Holidays, Article 11.2  Holiday Compensation
bb.    Holidays, Article 11.3 Work on a Holiday
cc.    Holidays, Article 11.4 Holiday Work Schedules
dd.    Layoff, Article 19.11 Shift Curtailment and Cancellation

2.    Accrual of vacation time.  Section 12.1 shall be modified for salaried employees as follows:
Until Pay Period 1 2020:
HOURS PER YEAR 1st through
5th year .0576 per hour paid 15 120
After 5th through   10th year .0654 per hour paid 17 136 After 10th through 15th year .0731 per hour paid 19 152 After 15th through 20th year .0807 per hour paid 21 168 After 20th year .0923 per hour paid 24 192
Effective Pay Period 1 2020:
HOURS PER YEAR 1st through
5th year .0615 per hour paid 16 128
After 5th through   10th year .0692 per hour paid 18 144 After 10th through 15th year .0769 per hour paid 20 160 After 15th through 20th year .0846 per hour paid 22 176 After 20th year .0962 per hour paid 25 200
3.    Voluntary process to move from hourly to salary pay. The currently established voluntary process for conversion to salaried status will continue with the following modifications:
a.    The Employer or an employee may request, for a specific classification within a specific work unit, a formal poll to move to salaried exempt status. A change to salaried exempt status requires a majority vote among those voting. Only Union members may participate in that poll. The Union commits to conducting this poll and submitting the results to the Union’s Executive Board for formal approval of the results within six weeks of the request.
b.    In addition, an employee in a regular status position may request to move to salaried exempt status by notifying his/her manager, appropriate HR representative and Union representative. If the Employer consents, the parties shall facilitate this movement.
c.    The salary range for the employee’s classification is determined by matching the midpoint of the existing hourly range to the closest mathematical midpoint of the salary structure.
d.    The employee’s new salary level will be established by multiplying the employee’s current hourly rate times the employee’s FTE times 2,080 hours.
4.    Posting of vacant positions. The Employer may post any vacant position that qualifies as exempt under the wage and hour laws as a salaried position.
5.    Longevity increase. To be eligible for a longevity increase, employees must remain at the range maximum in the same classification for five (5) years consistent with current longevity rate guidelines. Employees who are at the maximum of their hourly pay range when they transition to salaried status and whose rate of pay is no more than 2.5% below the new range maximum shall, effective the date they move to the new range maximum as a result of an anniversary increase, receive credit toward the 5-year waiting period for a longevity increase.
6.    Vacation and sick leave accruals.  Vacation and sick leave accruals for salaried employees will be based on the employee’s FTE.
7.    Timekeeping requirements.  Salaried employees may be asked to record time for a specific purpose, such as to support an FTE addition, for grants, or for projects.
8.    Differentials.  Salaried employees who are assigned work in a higher level classification pursuant to Section 10.10, are assigned lead work duties pursuant to Section 10.5, or qualify for differential pay under Section 10.7 or Section 10.8, for any portion of their scheduled shift shall receive the applicable differential for the entire shift.
9.    Seniority.  Seniority points under Article 17 will be credited per pay period based on FTE rather than on hours paid.
10.    Relief and flex employees.  Relief employees and flex staff who perform work in a salaried classification will continue to be paid on an hourly basis.
11.    Salaries in effect.  The salaries in effect for all salaried classifications shall be set forth in the OHSU Salaried Compensation Plan, which is posted on the Employer’s intranet.
12.    Meal and Rest Periods.  The parties agree that providing opportunities for meal and rest breaks is the Employer’s responsibility and taking meal and rest breaks when able or asked to do so is the employee’s responsibility.  Employees shall notify their supervisor if they are unable to take meal or rest breaks, and the Employer will use reasonable efforts to resolve the issue.  

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
      8.7        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
      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 of the contract provisions described below:
            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 
Sick leave per the Oregon sick time law
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 Date
Employee Benefits Council
Section 1 – Purpose
      The Employer, the Union and the Oregon Nurses Association (ONA) have become partners in the determination of plan design and types of benefits to be provided to OHSU employees.  This partnership is known as the Employee Benefits Council (hereinafter referred to as the Council) which includes the following purposes, subject to the provisions of Sections 3 and 5 herein: 
*    Determine the plan design and types of benefits (Medical, Dental, Disability, Life and Health Promotion) to be offered to OHSU employees and early retirees, including the coordination of insurance benefits and cash back opportunities; 
*    Develop and approve rules governing enrollment and eligibility; 
*    Develop an appeals process for individuals covered by these benefits, including criteria to be used when evaluating such appeals (which shall be the sole dispute resolution process for any individual disputing a claim for benefits or any other decision made by the Council); 
*    Participate in the development of communication plan(s) designed to provide covered individuals with information concerning their benefit(s); 
*    Determine what types of health promotion/disease management programs will be offered to employees and dependents; 
*    Participate in the development of any Requests for Proposals (RFP) and Requests for Information (RFI); 
*    Make all decisions concerning the selection of facilitators and other resource individuals who shall report to the Council. 
*    Be informed on the process leading to the selection of potential providers.
Section 2 – Membership
    Membership of the Council shall be structured as follows:  Four (4) representatives appointed by the Union, two (2) representatives appointed by the ONA, and six (6) representatives appointed by the Employer.
Section 3 – Decision Making
      Every reasonable attempt will be made to make consensusbased decisions utilizing evaluative criteria developed by the Council.  If consensus fails, the matter(s) will be voted by the parties collectively (e.g., ONA one (1) vote, AFSCME two (2) votes, and the Employer three (3) votes).  If the Council is still unable to reach a decision, the matter(s) in dispute shall be referred to the OSHU President or his/her designee, whose decision shall be final and binding on the Council, the Employer, the Union and the ONA.  Two (2) Union, one (1) ONA and three (3) Employer Council members shall constitute a quorum.
Evaluative criteria, which the Council may modify at any time, shall be as follows:  
•    Does the decision lead to a responsible costbenefit relationship?
•    To what extent will participants in the plans be satisfied with the decision?
•    Does the decision enhance the Employer’s longterm viability?
•    Are the current and potential economic fluctuations of the industry fully recognized?
•    Will participants be able to understand the benefit structure that will result from the decision made?
•    Is the decision made of the highest ethical quality, so that full disclosure of the results can be made?
•    Does the decision lead to administrative procedures that assure a fast response to participants’ problems?
Section 4 - Meetings
      Regular meetings of the Council shall be held at least monthly, at times and locations determined by the Council.  Union employees shall receive paid release time for all Council activities.  The Employer agrees to release employees from work duties except in the case of an emergency.  A person designated by the Employer will take notes and distribute them to Council members within 30 days of each meeting.  These notes will be approved by consensus of the Council members at the following meeting. 
Section 5 - Impact on Collective Bargaining Agreements
      The Council has no authority to make decisions or promulgate rules that in any way conflict with the provisions of the parties’ Agreement.  The Council may make modifications to Sections 1 through 4 of this appendix utilizing the decisionmaking process described in Section 3.

Just Cause Standard
      The following questions will assist the parties in determining whether or not the “just cause” standard has been properly applied in instances involving the discipline or discharge of an employee as specified in Article 23 – Discipline and Discharge:
1.    Did the Employer provide the employee with forewarning or foreknowledge of the possible or probable disciplinary consequences of the employee’s conduct?

2.    Is the Employer’s rule, order or policy at issue reasonably related to the orderly, efficient and safe operation of the Employer’s business, and to the performance that the Employer might properly expect of its employee?

3.    Did the Employer, before administering discipline to the employee, make an effort to discover whether the employee did in fact violate or disobey a rule, order or policy of the Employer?

4.    Was the Employer’s investigation conducted fairly and objectively?

5.    During the investigation did the Employer obtain substantial evidence or proof that the employee engaged in the conduct for which the employee is being disciplined? 

6.    Has the Employer applied its rules, orders, and discipline for the infraction involved evenhandedly and without discrimination against the employee?

7.    Was the degree of discipline administered by the Employer reasonably related to the seriousness of the employee’s offense and the performance record of the employee?

Voluntary Waiver of Daily Overtime

Employee Name:         


Original Hire Date:      



   Fax:  __________________________________


The purpose of this waiver is to allow employees flexibility with their work day schedule as approved by the employee’s department and, when required, an authorized representative of the Union.  To this end, an employee wishing to continue working at the end of his/her normal work day may continue to do so with approval of his/her supervisor and without incurring overtime, while foregoing an equal number of work hours in subsequent days within the same work week.  This waiver may be initiated either by the employee or his/her supervisor, provided that the waiver is for the employee’s benefit.

Reason for Waiver:    

I,    , do hereby agree to waive overtime otherwise due me for hours worked in excess of my regular shift length of at least eight (8) hours per day.  This waiver is for my own benefit. I agree that I will not be eligible for overtime compensation (time and one-half times my regular hourly rate of pay) except for hours worked in excess of forty (40) hours in a work week - regardless of the number of hours I work in a day within such work week.  This Agreement supersedes and negates the overtime provisions of Article 9.1 of the OHSU/AFSCME Collective Bargaining Agreement for as long as this waiver remains in effect. I understand that I may cancel this waiver at any time by written notification to the OHSU Payroll Department.  Any such decision shall become effective with the next full pay period following proper notification. This waiver may also be rescinded by the Department by providing the Payroll Department and me with notification of its termination effective with the next full pay period.

I understand that this Agreement will become effective with the next bi-weekly pay period following signature of the parties noted below and receipt by the OHSU Payroll Department.

__________________________________        __________________________________
Supervisor Approval                Employee Approval

__________________________________        __________________________________
Date                        Date

UNION APPROVAL: Union approval is required only when an employee is serving an initial probationary period or an internal job change evaluation period.

? Approved     ? Denied         Date: ____________________

Reason for Denial: _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Union Contact: ___________________________     Phone: ______________      Email: ____________________

Directions for Employee:

If union approval is required, fax to AFSCME for approval at (503) 239-9441

Once all appropriate approvals are obtained, route the completed form to Payroll at paycheck@ohsu.edu, your supervisor, and the union at (503) 239-9441

Severance Program
    A.    Purpose.  The severance program described herein is designed to provide a one-time benefit to employees for financial support during a period of employment transition.
    B.    Eligibility.
To be eligible for severance benefits, an employee must be:
*    Regularly scheduled to work at least 20 hours per week and a .5 FTE or more;
*    Involuntarily terminated due to program closure, position elimination or reorganization; and 
*    Notified by Human Resources of eligibility for severance benefits. 
Severance benefits are not available to employees who:
*    Are working in temporary, limited duration, flex or relief positions; 
*    Are in their probationary period; 
*    Resign from their employment position*; or
*    Are given notice of termination for reasons other than those identified above.
*      Although the severance program is not designed as a voluntary program, managers may, at their discretion, offer the severance benefits described below to an employee who volunteers to be laid off, provided the employee is otherwise eligible. 
    C.    Conditions.
        1.    Calculation of severance payment.  Severance pay will be based on length of continuous service with the Employer and will be calculated using base pay only.  For purposes of this paragraph, length of continuous service is defined as continuous, uninterrupted employment with the Employer, except for breaks of service of 90 days or less.  Base pay is defined as the regular rate of pay as of the date of notice of layoff excluding overtime, bonuses, shift differential, incentive pay and the value of any employee benefits.  If the position being eliminated constitutes only a portion of the employee’s FTE, the severance pay will be based on the affected FTE portion only.  Severance will be paid in a lump sum payment and is subject to applicable taxes and other statutory withholdings. 
        2.    Separation agreement.  Employees who wish to accept severance benefits will be required to sign a separation agreement prior to remittance of any severance benefits and to wait for the expiration of any potential revocation window.  The separation agreement will include, but will not be limited to, a waiver and release of claims against the Employer, an agreement not to solicit the Employer’s employees, and an agreement to repay a pro-rata amount of severance benefits received if the employee is rehired by the Employer. 
        3.    Waiver of other contract rights.  Any employee who accepts severance benefits in accordance with this program automatically waives all layoff and placement rights provided for under Article 19 of the Agreement.
    D.    Severance Benefits.
            1.    Pay.  Employees shall receive four (4) weeks of base pay for less than 5 years of service, plus one (1) additional week of base pay for each fully completed year of service beyond 4 years. (For example, an employee who has worked 8 years and 4 months upon termination will receive payment for 8 fully completed years of service.)  
*    The maximum pay benefit under this provision shall be 26 weeks.
*    Severance payments will be eligible for pension contributions. 
*    Any payments made for COBRA or other health and welfare benefits will not be eligible for pension contributions.
*    For retirees, completed years of service are calculated from the rehire date following retirement.
            2.    Continuation of benefits.  For employees who timely select continuation of medical and dental insurance coverage under COBRA, the Employer will continue to contribute toward the cost of such coverage at the same contribution level as before for the length of the severance pay period (see chart below).  An employee may, in lieu of continuing coverage under COBRA, elect to receive the cash equivalent of the COBRA subsidy amount.
            3.    Contracting severance benefit.  Any regular non-probationary employee, regardless of FTE status, who is displaced as a result of contracting or subcontracting bargaining unit work as described in Section 6.13 of the Agreement and who otherwise qualifies for severance benefits under this appendix shall, in lieu of the pay provisions set forth in Paragraph D.1 above, receive severance pay as follows:
      a.    Employees with at least one (1) but less than five (5) fully completed years of service shall receive four (4) weeks of base pay.
      b.    Employees with five (5) years of service shall receive five (5) weeks of base pay.
      c.    Employees with six (6) or more years of service shall receive two (2) weeks of base pay for each fully completed year of service.
      d.    Employees with fifteen (15) or more years of service shall receive thirty (30) weeks of base pay plus three (3) weeks of base pay for each fully completed year of service beyond 15 years.  (For example, an employee with 20 fully completed years of service will receive 45 weeks of base pay.)
The additional severance pay available under this Paragraph D.3 shall not affect the months of COBRA subsidy under Paragraph D.2 and the chart below.
        4.    Outplacement.  Employees may access outplacement services through either the Career and Workplace Enhancement (CWE) Center or the Employee Assistance Program (EAP).  The CWE Center may offer classes on career networking, resume writing and job interviewing.  Employees will have access to these classes up to 60 days after termination of employment.  The EAP offers, in addition to phone and web-based services, up to three face-to-face counseling sessions.  All EAP services are available to employees and their dependents for 60 days after termination of employment.
        5.    Cashout.  Affected employees will also be eligible for cash-out of unused vacation leave in accordance with Section 12.6 of the Agreement.
The chart below outlines the severance benefit and COBRA subsidy based on length of service:
Length of Service Weeks of Pay Months of COBRA Subsidy Up to 5 years 4 1 5 to <6 years 5 2 6 to <7 years 6 2 7 to <8 years 7 2 8 to <9 years 8 2 9 to <10 years 9 3 10 to <11 years 10 3 11 to <12 years 11 3 12 to <13 years 12 3 13 to <14 years 13 4 14 to <15 years 14 4 15 to <16 years 15 4 16 to <17 years 16 4 17 to <18 years 17 5 18 to <19 years 18 5 19 to <20 years 19 5 20 to <21 years 20 5 21 to <22 years 21 6 22 to <23 years 22 6 23 to <24 years 23 6 24 to <25 years 24 6 25 to <26 years 25 7 26 years or more 26 7

Guidelines on Reaching Consensus
Developing a consensus agreement can be an effective way for a work group to modify certain parts of the contract based on their unique way of working together. Section 5.3 defines which sections are appropriate for consensus agreements under this contract. 

A.    Process and Timeline for Reaching a Consensus Agreement

Getting Organized

A small Consensus Exploration Committee (CEC) should meet and discuss feasibility of developing an agreement. This meeting shall include managers and supervisors, as they will be affected by the agreement. Agreements that modify parts of the contract not listed in Section 5.3 or that are overly-burdensome to administer are not feasible. The following are the CEC’s responsibility:
1.    Develop and implement a communication plan so that everyone directly affected by the agreement can have their interests heard and can participate. The plan should incorporate communication methods established and understood by the work group. Timelines should also be set. Large or multi-location work groups may need to choose representatives, or other participation methods—see “How to Develop Consensus in the Workplace” workbook for ideas. 

2.    Identify why the current contract language doesn't meet the needs of the work group. 

3.    Discuss interests and brainstorm solutions with the work group, according to the communication plan. Refer to the Consensus Agreement Template for required elements. 

4.    After consulting with the work group, create a proposed consensus agreement based on the ideas that best resolve the issues; request help if a facilitator is needed. 

5.    When the work group decides that consensus may be reached, test for consensus by putting the proposal out for vote. While it’s important that everyone in the work group can support the proposal, if at least 80% of the work group reach agreement on the proposal then consensus is reached. Remember, supporting may not mean 100% agreement with the proposal.

6.    Finalize the written Consensus Agreement using the template, making sure it includes all the required elements.

If consensus on the agreement is reached the manager or designee is responsible for the following:

1.    Send a copy to your HR business partner and Union staff.

2.    Post where all affected employees can access it.

3.    Provide it to new employees when they join the work group. 

4.    Consensus agreements expire at the end of the contract. Remember, the language of the contract may change and all agreements will need to be reviewed. Agreements should be reviewed annually to ensure they meet the needs of the department and employees.

B.    Tips on Reaching Consensus

*    Encourage participation by all.  Make sure you have a good communication plan to communicate with those who are unable to actively participate in the consensus development process. 

*    Be committed to developing a solution that is fair for everyone and meets everyone’s interests as much as possible. Approach th


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