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:
- Unfair Labor Practice (ULP) status
- A list of articles that are under consideration in our first contract
- 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