Oregon School Employees Association Bargaining Session Update: July 23, 2014
July 23, 2014 OSEA Negotiations Update
The meeting was held at Reynolds Middle School from 8:00 a.m. until 4:15 p.m. with a two-hour break from 11:00 to 1:00 due to a scheduled meeting conflict for two members of the District team.
OSEA presented a list of positions they feel need to have updated job descriptions and because of those updated job descriptions, need to be reclassified to new columns. These positions are:
District Office: Payroll Technician, Accounts Payable Technician, General Ledger Technician, ELL Secretary, Grant Funded (Federal Programs) Secretary, Student Services Secretary, Budget Specialist (New Position); Transportation: Special Needs Routing Assistant; Schools: Assistant Secretary – Elementary and Middle School
Research will be completed to determine competitiveness with similar positions in other districts before a counter proposal is exchanged. There was also discussion about grouping the secretarial positions into categories (Secretary I, II, and III for example). OSEA indicated that is how the EA’s are handled and that all need to remember that the positions would become interchangeable in a RIF/Recall situation for bumping if that was done.
The District then presented counter proposals for Articles 2, 5, 7, 11, and 16 as follows:
Article 2 – District Rights: On June 26th OSEA proposed language that would disallow the District to contract out any classifications or bargaining unit work for the length of the contract. OSEA also requested that the District provide sixty days’ notice to the union and impacted employees of any action that results in a reduction in staff. The District countered back with the current contract language. There are fairly stringent restrictions on what districts can do as far as contracting out. Reynolds currently does far less contracting out than most other districts (has its own Grounds, Transportation, Nutrition staff). The District does not wish to forfeit the legal right to contract out. Current contract language provides for a two tiered process, 90 day notice and an agreement to bargain during that 90 day period and the District would like to retain that language. Further discussion was had regarding this article in the afternoon but no counterproposals were exchanged.
Article 5 – Leaves of Absence: On June 26th OSEA proposed that Emergency Leave be usable in 1 hour increments and that denials of emergency leave use be reviewed by the superintendent within the pay period. OSEA’s proposal also included adding domestic partner to the Immediate Family list and the opportunity to use any available emergency leave during the three (3) day waiting period for Workers’ Compensation rather than the current allowable use of only one day.
The District had not received a response back from its last proposal but did review OSEA’s proposal and responded to that by agreeing to add domestic partner to the list of immediate family members and also to allow all three days of emergency leave to be used for the three (3) day waiting period for Workers’ Compensation. The District did not agree to the use of emergency leave in one-hour increments but continued to propose that emergency leave may be taken in full shift or route increments as appropriate.
OSEA countered back and agreed to the District’s language regarding leave being used in full shift or route increments and also proposed that leave requests be approved “within 15 days of submission to the building supervisor.” OSEA has agreed to consider the removal of Cost of Substitute Leave for classified staff but wishes to wait pending what happens with the remainder of their proposals.
Article 7 – Emergency Closure: On June 26th OSEA proposed that the list of essential employees be added to the bargaining agreement and include Information Technology staff, Head Custodians, Maintenance, and Transportation Mechanics only. Specific reference was made to building secretaries and the desire that they not be required to report. The District countered back with current contract language and agreed to do a better job of making sure the list of essential staff is distributed prior to the start of school each year to be in compliance with the contract. The District reiterated that current contract language does provide a clause even for essential staff that is not able to report to work: “In the event that an essential employee is not able to make it to work, even when called in, they shall fall under the same terms of non-essential employees.” At the end of the session OSEA indicated that they would be ready to tentatively agree to the District’s latest proposal at the next session.
Article 11 – Work Time: On June 26th OSEA proposed that school secretaries work a 210 day work calendar and that the additional three (3) days used before or after the academic year for Educational Assistants and Media Assistants be used only for additional training. In addition any employee who works beyond the school year shall be afforded the opportunity to accrue and use sick leave. Current language allows this provision only for those employees whose work year is extended by the District within their regular classification. The District countered back with its original proposal and agreed to OSEA’s request that employees who work for the District beyond the school year will accrue and be able to use sick leave. There was discussion about all of the other duties that are completed by classified staff by Educational and Media Assistants that are not training, such as the set-up of classrooms and the library and why that language would be difficult to adopt.
Article 16 – Strike and Work Stoppages: OSEA is proposing to eliminate this article which primarily disallows work stoppages or slowdowns for the length of the contract. OSEA’s proposal would allow them to go on strike even while a contract was in place in the event there was a dispute regarding working conditions or to support another bargaining unit or union that was on strike. There was discussion about this article but no proposals were exchanged.
OSEA proposed the following:
Article 25 – Discrimination OSEA proposed that the following sentence, “It is also the understanding of the parties that there shall be no bullying in any form,” be added between paragraphs 1 and 2. There was discussion about what would constitute bullying and concern by the District as to whether performance correction and discipline could potentially be viewed by the union as bullying and lead to possible grievances and arbitration. A good discussion was had. The District did not provide a counter proposal.
Article 6 – Unpaid Leaves of Absence: OSEA indicated that they are ready to tentatively agree to the District’s proposal for this article. The proposed change in language would allow for lengths of unpaid leaves of absence (up to one year) to be based on circumstances rather than being based on seniority as per current contract language.
Article 12 – Association Rights: OSEA indicated that they would be ready to tentatively agree to the District’s proposed language at the next session which adopts the current MOU, clarifying and expanding the language around the Union’s appropriate use of District equipment to communicate with its members.
Articles that Remain Open (16 of 27):
- Article 2 – District Rights
- Article 4 – Fringe Benefits
- Article 5 – Leaves of Absence
- Article 6 – Unpaid Leaves of Absence
- Article 7 – Emergency Closure
- Article 8 – Salary
- Article 11 – Work Time
- Article 12 – Association Rights
- Article 16 – Strike and Work Stoppage
- Article 19 – Discipline
- Article 20 – Grievance Procedure/Contract Maintenance
- Article 21 – Transportation
- Article 24 – Job Openings
- Article 25 – Discrimination
- Article 26 – Early Retirement
The District and OSEA signed off on Tentative Agreements for the Articles that neither party is opening during this negotiation:
Article 1 – Recognition
Article 3 – Physical Examination
Article 9 – Holidays
Article 10 – Vacations
Article 13 – Personnel Records
Article 14 – Seniority/Layoff/Recall
Article 15 – Association Dues
Article 17 – Separability
Article 18 – Funding
Article 22 – Meetings and Conventions
Article 23 – Workshops/Courses
Next Steps: The next negotiations session is scheduled for Tuesday, August 19th at Reynolds Middle School in Room 203 from 8:00 a.m. to 4:00 p.m.
