OSEA Bargaining Session Update: March 15, 2018

The second bargaining session between Oregon School Employees Association (OSEA) and Reynolds School District (RSD) was held on March 15, 2018 in the library at H.B. Lee Middle School from 4:00 p.m. to 8:00 p.m.

OSEA: Ed Baker and Cindy Dominiak Absent

District: All Present

Ground Rules were reviewed and signed.

The District Presented its Initial Proposal:

The District would like a multiyear contract and our initial proposal includes three years.

Article 1 - Recognition

C. The District proposed an allowance to extend the 65 days for temporary staff if needed to complete the school year with agreement from the union.

The District would also like the ability to hire balance of the year employees to cover leaves of absence or for positions that may not be repeated in the following year as is currently done for licensed staff. Employees covering leaves of absence would then be entitled to benefits but the position(s) would be retained for the employee(s) who are on leave. Currently those covering leaves of absence are hired as substitutes, without benefits, until the employee returns to work. And currently those who are hired for positions that are for limited duration have bumping rights, possibly over someone who was brought in for a long term position, that the District intends to continue in the next year.

Article 7 – Emergency Closure

The District is attempting to clean up some language from the recent economic reopener that caused confusion or unintended consequences during the two inclement weather days that occurred since the new language was adopted.

A.2. Non-essential staff called in on a closure day currently receive the additional $5 per hour. The District believes if they work outside doing snow and ice removal, they should receive the $10 per hour premium for those hours worked outside.

Language proposed to clarify that Non-essential staff who receive permission to come in at their own initiative when they are not required to do so will not be paid the premium rates.

A.5. Language proposed to clarify that if the District is closed on a non-school day, then essential staff who report to work will still receive the premium rate(s).

Language proposed to clarify that essential staff who are in the $10 premium rate category shall only receive the $10 rate for hours worked outside doing inclement weather preparation or snow/ice removal. For work completed inside, the $5 premium rate shall be paid.

Article 10 – Vacation

A. Proposed language to indicate employees who leave employment during the year, shall have the vacation payout prorated just as earned vacation time is prorated when a new employee begins work.

E. Proposed removal of vacation payout language as the payout schedule has ended.

Article 11 – Work Time

C. Work Year - District proposed to eliminate a lot of the specific language regarding work calendars and in service days as work calendars may fluctuate from year to year.

D. District proposed that the required lunch period be optional, upon mutual agreement with the supervisor, for employees who work between 4 ½ and less than 6 hours, who aren’t due a lunch period under BOLI law but are due one under the current contract.

F. District proposed that rest periods must be taken at the worksite where the employee is currently working and that travel time not be taken as work time to travel to an alternate location to begin the rest period.

Article 12 - Association Rights

E. Property Loss - District proposed that cell phones be an exception and not be covered under the property that will be reimbursed under the provisions of this article.

Article 14 – Seniority/Layoff/Recall

A. District proposed that there be two seniority dates – Classification seniority and District seniority and that bumping be contingent on documented qualifications meeting the job description qualifications for the position.

Article 18 – Funding

District proposed that there be no guarantees for the duration of the employee work year. In the event the contractual work year is shortened for other employee groups in the District due to budgetary reasons, the District may reduce the number of workdays for classified employees or specific groups of classified employees without engaging in further negotiations with the Association.

Article 19 – Discipline

District proposed that verbal warnings not be held to the same standard as written warnings and reprimands placed in an employee’s personnel file.

2.a. District proposed deleting this language as a higher standard is already required in A. Discipline and Dismissal.

Article 21 – Transportation

District proposed adding language to indicate that an adjusted start and/or end time from that which prints on the route sheet may be used for calculating average hours if it is determined that the system is not accounting for additional time that may be needed.

D. 2. District proposed adding language indicating that route assignments will be determined based first on a District review of assignment need and then, if no District need is identified, the route award will be based on seniority. Drivers may also be assigned additional routes at the discretion of a supervisor to meet district needs, including EDO and shuttle routes. The remaining changes are housekeeping changes to properly name routes and reflect the processes currently being followed in the department.

Article 23 – Workshops and Courses

District proposed updating the language to indicate the current PSU rate so the contract doesn’t fall behind.

Article 24 – Job openings

District proposed not having to interview in-district applicants if they have previously been interviewed for the same position by the same supervisor and that the district gets to determine whether two employees are equally qualified for a position.

D. New Employee Probationary Period – The District proposed changing the language from six (6) months to one hundred and thirty (130) work days to avoid the situation when an employee starts in May and leaves for the summer and then returns in the fall, having July and August count toward the probationary period when they haven’t actually been doing the job for six months.

Article 26 – Early Retirement

District proposed elimination of this article since the provisions are no longer available.

The District will bring our remaining initial proposals next time for Articles 4, 8, the Salary Schedule, and the Classifications page.

The teams caucused at 5:36 and resumed at 6:20 p.m.

OSEA Presented Its Initial Proposal:

Housekeeping Proposal

Replace the pronoun “he” with “he/she” throughout the contract
Replace “Association” with “Union” throughout the contract
Within 60 days after the contract is ratified the current version shall be accessible online through the District’s website and include the contract, salary schedules, the appendices, and all MOU’s.

Article 2 – District Rights

B. OSEA proposed deleting the current contract language related to contracting out bargaining unit work and replacing it with an edited version of the No Contracting Out Bargaining Unit Work MOU.

Article 11 – Work Time

C. Workday – OSEA proposed adding language, “Work time starts when employees start work duties.”

F. Rest Periods – OSEA proposed adding BOLI language regarding the number of breaks and meal periods required as well as language indicating that rest breaks may not be added to the meal period or deducted from the beginning or end of the work period in order to reduce the length of the work period. Rest breaks may not be waived or used to adjust work hours.

G. – OSEA proposed adding new language allowing employees to request assistance from his/her immediate supervisor in establishing or adjusting priorities to carry out his/her work assignment. The supervisor will take into account variables that impact the assignments to the employee. The employee may request a written response from the supervisor which will be timely unless the request is inappropriate or excessive.

Article 12 – Association Rights

D. Clean Bathrooms – OSEA proposed adding new language indicating that all schools shall have a minimum of one (1) bathroom that is exclusively for the use of District employees.

G. Time release – OSEA proposed the District may grant members of the union unpaid leave for attending conferences and other union sponsored programs

Article 13 – Personnel Records

B. File Review – OSEA proposed adding language allowing employees to view supervisor’s working file(s) in addition to their personnel files.

Article 21 – Transportation

OSEA has an initial proposal for this article but they opted not to present it at this time and instead will review the District’s proposal and make additions and changes as needed and present a counter proposal next time.

Article 25 – Non-Discrimination

OSEA proposed replacing the existing language with new language to increase the number of specific categories. Clarification was made that the strikethrough of the bullying/harassment free work environment was unintentional and that language should remain.

New Article – Health and Safety

OSEA proposed adding a new article devoted to health and safety. The article includes provisions to maintain a safe work environment, safety committees, and that employees who are required to work in any hazardous situation be provided proper training for such duties to be paid for by the District. Employees shall have the right to refuse to put themselves in immediate danger created by unsafe working conditions and shall be assigned to another location of duty while the condition is being investigated and/or corrected. Employees shall not be required to complete work without proper safety equipment.

Employees who have suffered an injury due to attack, assault, overt physical violence or inappropriate physical contact from a student shall have the right to refuse to work with the student(s) until such time as the employee, union, principal and/or program director have met, conferred, and reached a reasonable solution to the issue.

A Safety Committee shall be formed which shall annually review and establish procedures related to school safety and communication to classified employees to provide appropriate awareness of situations and/or students which could disrupt the educational environment.

MOU – Regarding DACA affected employees

OSEA proposed adding an MOU for DACA affected employees to include provisions that the District shall not inquire about or demand proof of immigration or citizenship status, except as required by law. The District shall provide legal consultation for any employee who has received a work authorization document under DACA in order to determine the extent to which the employee’s work status will be affected by the termination of DACA. The District will make all reasonable efforts to sponsor an affected employee for any employment-based immigrant or non-immigrant visas for which they are eligible. The employee shall be provided up to 15 paid work days in order to attend to immigration or citizenship matters. The District shall treat an affected employee’s separation from work as a leave of absence if the employee is able to return to work within three years of the date of separation without loss of seniority. Within 30 days of signing this MOU, the District and OSEA shall send a joint letter to the congressional delegation explaining the importance of the DACA policy to the community and the need for a legislative solution, a joint letter to educators and support staff with resources such as the immigrant and refugee children guide for educators and support staff, and a joint letter to students and their families with resources such as those listed on the “here to stay” website.

Agenda set for next session:

Both parties will bring final initial proposals
Review list of articles that neither the District or OSEA opened and make a list to tentatively agree to at the following negotiations session.

The teams took a 15-minute caucus to plan for next time at 7:15 and resumed at 7:40 p.m.

The District will bring initial proposals for Articles 4 and 8, Appendix A & B and counter proposals for Articles 13 and 25.

OSEA will bring initial proposals for Articles 4 and 8 and any other articles they are planning to open and a counter proposal for Article 21.

The session adjourned at 8:00 p.m.

Upcoming Bargaining Dates Scheduled as follows:

Woodland Elementary School Library: