Unsigned Tentative Agreements
The teams started out the day discussing concerns about the two tentative agreements reached last week. The first TA in question was regarding Article 6.8.5 – Removal of Materials from Personnel Records. The teams had differing recollections about the restrictions that were placed on the use of disciplinary records older than two years. We will take up this discussion again next week. The second TA in question was regarding Article 18 – Filling of Vacancies. In this case, the concern was about how the TA was worded, not over what the agreement meant. We will work on sorting out the wording during the week and should have a document ready for signature next week.
Equity & Inclusion “Accommodations Package”
The first new issue discussed today was the union’s equity and inclusion “accommodations package” that we initially presented early in bargaining — back on March 12. This package includes a wide range of union initiatives designed to provide for the needs of employees who are not of the dominant culture:
- Providing on-site translation services for employee needs (e.g., during an investigatory interview or grievance meeting).
- Translating critical documents, such as safety instructions, OHSU benefits information, the union contract and the OHSU Code of Conduct.
- Providing prayer space for employees who desire privacy and a safe space to practice their faith.
- Making gender-neutral restrooms available.
- Accommodating the needs of employees with religious dietary restrictions (e.g., providing extra microwaves in cafeterias).
During the brainstorming session, a wide variety of potential solutions were presented by both teams. After brainstorming, the management team asked for a caucus, after which they expressed concern about their capacity to address many of the solutions at this time due to cost implications (the option to try to negotiate non-economic solutions today remained on the table). The union team was surprised by this and asked for our own caucus. The union team decided not to split our accommodations package into economic issues and non-economic issues and to bargain them separately instead. We felt that our members’ interests would be better served by submitting a complete package as a proposal (outside of the interest-based bargaining process). We will present this proposal next week.
Waivers of Daily Overtime
The second issue discussed today was one raised by management — the process around the waiver of daily overtime. The management team’s main concern was the frustration that some managers and employees have experienced when a waiver was initially denied by the union and they had to go back to the union for repeated clarification before the waiver was ultimately granted.
The union team’s main concern was that employees could be pressured to sign a daily-overtime waiver when they really didn’t want to, but they submitted the form because either their manager or peers had the expectation that they would. In the end, we reached a tentative agreement that sought to protect employees from being pressured into submitting a waiver when they were new to the job and to remove the barriers to getting a waiver for more senior employees:
- Employees will be required to get union approval for a waiver of daily overtime when they are in evaluation period (initial probation upon hire or after an internal job change or job bid).
- Outside of probation or other evaluation period, employees may, with manager approval, waive daily overtime by submitting a completed form to their supervisor and Payroll; the form will also be sent to the union, but union approval is not required.
- Employees have the right to cancel the daily-overtime waiver at any time by notifying Payroll and their manager.
- Over the course of the contract, a system for processing the waiver forms electronically will be developed.
- If the Union believes managers are pressuring employees to sign daily overtime waivers or if management believes the union is unreasonably denying the waivers, upon the request of either party, the union and HR will jointly investigate the concerns.
This was the last week of interest-based bargaining. Next week will be dedicated to discussing the unsigned TAs, wrapping up outstanding non-economic proposals, presenting the union’s accommodations package and gearing up to begin economic bargaining.
Be sure to read and comment about additional timely issues on our blog: