Oregon Legislative Staff

We are excited to report we reached tentative agreement on all outstanding articles on our first collective bargaining agreement with the Assembly! We are really pleased with the work of both teams to get us to this point and appreciate the successful working relationship we developed over the course of our bargaining. We are looking forward to continuing to work together into the administration phase of the contract.

The next step for both parties is to communicate the detailed provisions of the tentative agreement and to seek ratification. IBEW is responsible for the union ratification process and the Presiding Officers are responsible for the branch ratification. Both IBEW and the Assembly team plan to communicate the details of the settlement after we’ve had time to put together the full tentative agreement early next week. We recognize there are likely lots of questions and we want to be sure everyone has the information they need for ratification.

We are proud of this historic achievement and look forward to sharing more details in the coming week.

Respectful Workplace MOU

We’d like to share an exciting update about our bargaining progress. Our post session meetings with the employer continue to be very productive. We have reached agreement on several subjects, and continue to work through the last remaining articles. Out of the last few meetings we made significant progress on an issue that has been a major priority for this unit, Rule 27 and Respectful Workplace policies and procedures.

As many of you know, the Legislature has hired a new Legislative Equity Officer, who will be starting this month. The Legislature intends to work with the new LEO to update Rule 27. For years, LAs have been living with the consequences of policies and procedures developed without our voice and often without thought for our experiences. We have seen and experienced the problems that arise when the employer develops unilateral procedures, and the benefits that arise from working with employees to develop workplace policy. The Union has been fighting at the table to push for changes to Rule 27 and to ensure that LAs have a voice in shaping those changes.

At the bargaining table, we have reached an agreement with the Employer to enter into a Memorandum of Understanding (MOU) on Rule 27 and the Respectful Workplace policy. This MOU will create a joint committee of the Union and the Employer, to work with the new LEO to develop recommendations for changes to Rule 27. This committee will finally give employees the voice we deserve in developing one of the most impactful policies to our work and our lives.

This MOU will take effect as soon as it is signed by the Presiding Officers, meaning that this work can begin before the rest of the contract is finalized and voted on. This topic is of tremendous importance to our unit, and we are very excited to be making progress.

Compensation and Paid Leave Update from the Legislature

We understand a message was sent out to legislative staff today regarding COLA, Paid Leave, Bonuses and Market Analyses. At nearly the same time this message was sent to legislative employees the assembly made their first proposal of a similar wage increase. Our next meeting with the legislature is on August 29th when we plan to respond to the proposal.

Bargaining Update

As of today there remains 7 articles that we are still negotiating. Those articles are:

• Recognition
• Safety and Health
• Retirement Savings
• Salary
• Wage Scale
• No Strike
• Duration

We have previously made proposals on all of the above topics and received counters this afternoon from the legislature. Our next meeting is scheduled for August 29th and 30th and we are planning to respond to all of the counters.

In Solidarity,

IBEW Local 89

Safe Salem 2023 payroll tax
As some of you may have heard, the City of Salem is considering a payroll tax to be applied to nearly all employees working in the city.  This payroll tax is part of Safe Salem 2023 and will include state workers. For hybrid workers that work part of their time in Salem, the payroll tax would apply for any hours worked in the city.  

If you would like more information, including how to determine the amount of payroll tax to be applied when/if the tax goes into effect, or how to attend or make comments at the July 10 public hearing, additional information is available at the links below:
Answers to your questions about Salem’s proposed tax on worker paychecks
Salem considers payroll tax to fund police, fire, homeless services
Safe Salem 2023

Bargaining Update
To update on contract negotiations, our first bargaining session since December was productive and we were able to reach agreement (TA) on several subjects, resulting in TA’s on 9 proposals during our two days of bargaining last week. 

We also continued to work on several other subjects both at the table and in caucus. Our next bargaining session is set for next week, 7/12-7/13 and we are in the process of confirming dates for August.

As of last week’s proposal activity, we now have 36 proposed Articles that have TA’d. These subjects include:

• Accredited Service
• Benefits Coordination
• Break Periods
• Contracting Out
• Employee Assistance Program
• Employee Training
• Employment Orientation
• Equipment and Devices
• Family and Medical Leave
• Flexible Spending Accounts
• Health Insurance
• Holidays
• Inclement Weather
• Jury Duty and Witness Leave
• Labor-Management Committee
• Mobile Work Agreements
• Other Benefits
• Other Types of Leave
• Paid Leave Oregon
• Pay Day
• Personnel Records – Employee Access
• Preamble
• Professional Development
• Re-hired Employees
• Recruiting
• Responsibilities of Employees
• Selection Process
• Separation of Employment
• Severability
• Sick Leave
• Travel Expenses
• Union Access and Bulletin Boards
• Union Security
• Vacation
• Work Out of Class
• Workers Compensation

The remainder of the bargaining subjects, including some of our key issues, are still in progress. While some of these subjects are reasonably close to reaching a TA, others still have work ahead before we have an agreement. These remaining subjects include: 

• Corrective Action and Discharge
• Exclusive Bargaining Agent/Recognition
• Grievance Procedure
• Management Rights
• No Strike Clause
• Non-Discrimination
• Retirement
• Safety and Health
• Respectful Workplace
• Union Stewards
• Parking
• Salary/Wages
• Term and Duration of Agreement

The Employer and Union bargaining teams each have proposals to work through as we prepare for the next round of negotiations. We are confident that the Union will have additional TA’s to report after our negotiations next week.

In Solidarity,
IBEW Local 89

Since last week’s update, there has been a lot of talk about the lack of bargaining during session and some incorrect information is being treated as fact, when it is not.

• Jessica Kneiling was recently quoted in the Willamette Week stating that the Union canceled bargaining on March 30. To help clear up any miscommunication, no bargaining was scheduled for March 30th of this year and we were as surprised as everyone else to read about it. After reviewing our bargaining activity, this quote appears to be based on our bargaining session that took place nearly 14 months ago on March 29-30, 2022. At that time, per the request of the Union, March 30 was used as a bargaining caucus day.
• Late last week, Employee Services sent out a newsletter that stated:

“Bargaining Update. The Parties agreed at the onset of bargaining to pause during both the short and long sessions. With sine die on the horizon, the bargaining teams will continue to work on the contract with bargaining set to start up again on June 28 and 29, 2023, with more dates to follow during the interim. We will continue to keep staff updated as this progresses.”

As reported last week, we have confirmed June 28-29 for bargaining and we continue to look for additional dates both before and after session ends.

• While the ground rules for bargaining state that the parties agree to schedule the date and time of sessions in a manner that minimizes disruption to the operations of the Oregon Legislative Assembly, the ground rules do not say that we will not meet during session and was specifically intended to allow for bargaining.

We are sorry for the delay in getting a correspondence out following our meeting in April. There are a few things we want to update on since April 18th:

1. Unfair Labor Practice (ULP) status
2. A list of articles that are under consideration in our first contract
3. The dates management has agreed to bargain

First, we would like to update you on the discussion of a potential ULP. IBEW Local 89’s intent was to potentially file a ULP on the grounds of Management not responding to our communication attempts. It has been brought to our attention that this was not expressed clearly. We are sorry for the confusion.

On Friday April 21st, Management engaged in conversations with our Business Manager, Richard Murray, and has been responsive since. Due to this communication we did not file the ULP and have postponed filing one. Under the Public Employee Collective Bargaining Act (PECBA), the filing party has financial responsibility and can face significant penalties based on the decision of the Employment Relations Board therefore the basis of any ULPs have to be carefully considered. Regardless, whenever an unfair labor practice is committed, we will have no hesitation to file when appropriate.

Second, below is the list of articles that have either been tentatively agreed to or are still under discussion.

Articles with Tentative Agreement:

Articles that the employer and the union have reached a tentative agreement on, pending a complete contract and a vote of approval from all union employees.

• Preamble, Establishes the relationship between the union and the employer.
• Personnel Records – Employee Access, Establishes procedures for for employees to access their own personnel records
• Contracting Out, Protects the work of the bargaining unit
• Labor – Management Committee, Establishes a process for ongoing communication between management and employees to improve workplace processes, procedures and issues that may arise during the course of a contract.
• Union Access and Bulletin Boards, Space to share union related material
• Union Security, Defines the process for dues deductions and the exchange of information between the union and the employer
• Severability, Language protecting terms and conditions of the contract
• Accredited Service, Defines employment status, seniority, and how they apply in various situations
• Recruiting, Defines the process for hiring and selection of new employees
• Re-hired Employees, Define the off boarding process and re-hiring employees for the next Legislative Session
• Selection Process, Defines process for internally applying for open positions
• Equipment and Devices, Sets requirements for equipment that is to be provided by the employer, including when assigned to work from home.
• Employee Training, Establishes training standards that the employer must provide
• Responsibilities of Employees, Outlines the commitment of employees to the People of Oregon
• Family and Medical Leave, Commits employer to the allowance of use of state and federal leave laws
• Jury Duty and Witness Leave, Defines the Jury Duty and Witness Leave policies
• Paid Leave Oregon, Sets the requirements for employee participation in Paid Leave Oregon, including employee and employer contributions
• Benefits Coordination and Information, Establishes the requirements of employees services and the services theft are to provide to bargaining unit employees
• Health Insurance, Requirements for the employer to provide health insurance
• Other Benefits, Outlines additional benefits such as life insurance, AD&D and other benefits provided by PEBB.
• Inclement Weather, Establishes procedures to be followed by the parties and pay treatment in the event of closure of the capitol due to weather or when employees are unable to travel to work.
• Break Periods, Sets the requirements and standards around break periods.
• Mobile Work Agreements, Establishes allowance for Mobile Work Agreements or telework.
• Pay Day, Defines the standards for pay days
• Work Out of Class, Sets requirements for increased pay when an employee is required to perform work that is outside their established duties for a period of time.
• Employment Orientation

Articles Still Being Negotiated:

Proposals the union has submitted to the employer awaiting response from the employer.

• Respectful Workplace, Allows for revision of Rule 27 and includes employee involvement in development of respectful workplace policies.
• Exclusive Bargaining Agent, Defines the bargaining unit and the representatives of the bargaining unit.
• Union Stewards and Time Off for Union Business, Provides for union stewards and defined protections afforded to all employees engaged in union activities.
• Separation of Employment, Details steps taken when an employee leaves employment with the state of Oregon
• Corrective Action and Discharge, Details the process for handling disciplinary procedures and protections for employees
• Grievance Procedure and Arbitration, Protections for employees and a detailed process on how to handle alleged violations of the contract and disciplinary actions
• Technological Changes, defines the process around technology changes that impact the work of bargaining unit employees.
• Training Committee, Creates a training committee with the goal of developing training to be provided to employees by the employer.
• Other Types of Leave, Defines the systems around access to Bereavement, OFLA and other leave not covered elsewhere.
• Employee Assistance Program, Defines the Employee Assistance Program and provides protections for utilization.
• Flexible Spending Accounts, Establishes the Flexible Spending Account program for employees.
• Retirement, Creates a system for employee participation in PERS programs.
• Holidays, Defines the holidays recognized by the employer and the standards around pay for holidays
• Vacation, Defines vacation time available to employees and the processes surrounding vacation leave.
• Workers Compensation, Defines the workers compensation plans and requirements for access.
• Initial Salary Placement / Step Increase, Creates the process for determining a newly hired employee’s compensation.
• Moving Expenses, Creates a process for reimbursement of moving expenses, if required.
• Parking, Establishes access to safe, economical parking for use by legislative staff.
• Wage Scale, Provides the wage scale and details on progression.

Proposals the employer has submitted to the union, awaiting response from the union.

• Safety and Health, Sets standards for safety in the workplace, including safety committees and a structure to resolve safety concerns.
• Non-Discrimination, Defines protected classes and activities.
• Travel Expenses, Defines expenses to be paid by the employer in the event of employment related travel.
• Management Rights, Outlines the employers rights to hire employees and set certain policies.
• No Strike, Job security throughout the length of the contract.
• Term and Duration, Defines the length of the agreement.
• Sick Leave, Defines the sick leave available to employees and defines the process for usage.
• Professional Development, Creates a procedure around employee attendance at relevant conferences and workshops.

Agreed Upon Dates:

We have been in conversations with Management and have agreed on June 28th and 29th as bargaining dates. We continue to talk to management’s team to find dates both during session and beyond June 29th.

Payroll Issues:

We have heard from MANY employees on a variety of issues with people’s pay. Some of these include overpayment, under payment, incorrect tax withholdings, not receiving copies of pay stubs or W-4s, health care insurance overpayment or payment when you do not have health coverage through your job, incorrect vacation and sick leave, LA1s and 2s being eligible for overtime pay without instruction on how to get back pay, and more.

In some of these cases, Employee Services has contacted you directly or sent an update to everyone. In other cases, they have not provided any information or process on how to fix these issues. We hope the following will give you some guidance.

Over payment:

We want to highlight two issues that have occurred and inform you of your rights.The employer does have the right to recover overpayments. However, ORS 652.610(3) requires a written agreement between an employee and an employer for any deductions on a paycheck. Aside from taxes and a court ordered garnishment, employer deductions that are not agreed to in writing are considered a violation. If you have been told you owe money from an overpayment, we encourage you to work through a repayment plan.

Overtime::

If you have worked overtime and have not been compensated, you should compare your total hours worked to the hours you were compensated for from your hiring date. This dates back to the 2020 Legislative session. There has been a misconception that folks are only eligible for their overtime compensation during session. Per ORS 12.110, you are eligible for overtime pay for the last two years. If Employee Services or your manager pushes back on paying you overtime, please contact us. The hours you have worked are the hours you are legally required to be paid for. Approved or not.

If you find that a deduction was made without your knowledge, a complaint should be filed with the Oregon Bureau of Labor and Industries.

https://www.oregon.gov/boli/workers/pages/complaint.aspx

We are available to walk you through the BOLI filing process at any time. It is important you file a BOLI complaint because it is the best resource you have to recover stolen wages.

If you are concerned that you do not qualify to file a BOLI complaint, always err on the side of caution and file.

Steering Committee:

On Friday May 1st we held our first Steering Committee meeting. It was held virtually and we had around ten attendees. It was decided in that meeting to elect a Chair, Vice Chair and Secretary. Names had to be submitted by 5/3 and votes had to be in by 5/4. Election results were announced. The Chair is Ivy Jones with Representative Nosse’s office, Vice Chair is Annie Naranjo-Rivera with Representative Chaichi’s office, and Secretary is Jessie Kochaver with Representative Gamba’s office.

If you are interested in participating in the Steering Committee, please contact one of the officers. Their contact information is below.

Ivy Jones: 541-619-1802

Annie Naranjo-Rivera:503-801-6556

Jessie Kochaver: 208-954-9506

Legislative Staff Union Website:

We have developed a website detailing the history of bargaining and of organizing and as a resource for contacting IBEW staff if needed. The website is available at orlegstaff.ibew89.com

Union Staff at the Capitol:

Union staff will be at the Capitol again on May 23rd, May 31st, and June 13th from 10-noon. If you have specific concerns or want to ensure we take the time to stop by your desk, reach out to Justin Roberts (503) 558-6438 or justin.roberts@IBEW89.com

In Solidarity,

IBEW Local 89