2021-2023 Detailed Collective Bargaining Tentative Agreement Detailed Summary
Greetings,
As you may know from AEE’s previous correspondence on (08/25/21), the AEE Bargaining Team reached a tentative agreement with the State on August 19, 2021. The Bargaining Team sent out an initial summary highlighting some of the most significant changes, but to make sure that the AEE membership has the information it needs for a ratification vote, this document has been prepared to provide a detailed summary of the updates to the Collective Bargaining Agreement. Additionally, the actual language that was tentatively agreed to (TA’d) can be reviewed here: 2021-2023 Signed TAs Single Document
The AEE Bargaining Team recommend that our members vote “yes” when you vote on the ratification of the tentative agreement. We believe this is the best contract which could be reached within the constraints under which it was bargained. This contract is one of the more economically favorable contracts bargained in the last decade or so and it contains many language changes that improve on the previous contract.
We encourage you to reach out to a member of your AEE bargaining team or to email the AEE office at office@aeeo.org to inquire as to how you can get involved.
Article 1.4 Terms of the Agreement
This agreement will be effective until June 30, 2023.
Division 3
The State largely accepted AEE’s proposals to Articles 3.1, 3.2, 3.3, 3.4, 3.6, 3.8, 3.9 and 3.11 to update the contract language to allow AEE-represented employees and AEE representatives’ greater ability to deal with workplace issues while on paid time rather than having to utilize leave or personal time. The changes also updated the dues deduction language to be clearer and consistent with related legal changes under House Bill 2016. The new language also fixes technical issues in the language for the grievance procedure and modernized some of the language relating to use of the State’s email system.
Article 3.12 PEBB Member Advisory Committee
The State established a Public Employees Benefit Board (“PEBB”) Member Advisory Committee many years ago to allow employees an opportunity to receive information and provide input to PEBB about benefits-related issues. This joint labor and management committee meets quarterly and is made up of an equal number of labor and management representatives, including one representative appointed by AEE. The previous CBA included this agreement as “Letter of Agreement #6,” which was attached to the back of the contract. AEE successfully asked to move this agreement into the CBA so that members would be able to find it more easily and to ensure that the State continues to abide by the terms of the agreement.
Article 4.1 Discipline and Discharge
Paid Administrative Leave Pending Investigation. The terms ‘duty station’ and ‘duty stationed’ have been changed to ‘paid administrative leave.’ This terminology was changed as it conflicted with remote work language, the term ‘paid administrative leave’ is most commonly utilized in HR practices.
Article 4.2 Performance and Appraisals
Removed language that historically required employees receive acceptable performance appraisals before earning step increases. This ensures that employees should receive their step increases regardless of the status of their evaluations. Supervisory managers will conduct check-ins on a quarterly basis, including a final performance check-in. If a quarterly check-in doesn’t occur the employee may request one, to be conducted within 30 calendar days. Quarterly check-ins are not grievable or arbitrable under this agreement. Employees will be provided a copy of their written position description, delineating the specific duties consistent with the classification specification.
Article 4.4 Personnel Records
There will be one official personnel file maintained by the Employer for each employee. The location of personnel files will be determined by the employing agency. The Chief Human Resources Office human resource information system is the system of record for all employee records and official employee personnel file documents for which there are appropriate document categories in the system. The Agency stores paper documents of the official employee personnel file and paper documents that are not yet able to be kept in the human resource information system. The Agency also stores paper documents of the official employee personnel file that predate January 1, 2019.
An employee may examine their own personnel file (upon reasonable notice) and/or copies of paper documents of their official employee personnel file, paper documents that are not yet able to be kept in the human resource information system and paper documents of the official employee personnel file that predate January 1, 2019.
Article 4.6 Contracting Out
AEE made gains in this article which will provide additional protections not offered in the previous contract. This article was previously limited to OODT only, it now applies to ODOT, ODF and OPRD. When contracting out will displace bargaining unit members, such decisions shall be made only after the Agency has conducted a formal feasibility study determining the potential costs, cost comparison (in-house and contracting out), and other benefits which would result from contracting out the work in question.
The notification by the Employer to the Union of the results of the feasibility study (to be conducted and provided to the Association during the 30-day notice period that it intends to requests bids or proposals to contract out bargaining unit work) will include a summary of the pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates.
If the Association’s alternate proposal would result in providing quality savings equal to or greater than that identified in the Agency plan, the Agency will consider the Association’s proposal.
Once an Agency decides to contract out and identifies the displaced employee(s), it will either:
Require the contractor to hire employees displaced by the contract at the same rate of pay for a minimum of 6 months subject only to “just cause” terminations. In this instance, the State will continue to provide each such employee with 6 months of health and dental insurance coverage through the Public Employee Benefits Board if continuation of coverage is allowed by law and pertinent rules of eligibility. Pursuant to the Layoff Article, an eligible employee shall be placed on the Agency layoff list and may, at the employee’s discretion, be placed on the secondary recall list for a period of 2 years; or
Place employees displaced by a contract elsewhere in the state government in the following order of priority: within the Agency or within state service generally. Salaries of employees placed in lower classifications will not be red-circled.
Allow an employee to exercise all applicable rights under the Layoff Article 6.5.
Article 6.4 Trial Service
This Article has been revised to include employees who have made a lateral transfer to a different classification, or a lateral transfer between agencies, or placed in an underfill position.
Article 6.5 Layoff
Upon request the Agency will meet with the Association to discuss the factors causing the layoff and consider alternatives to layoffs such as: voluntary reduction in hours, voluntary leaves of absence, other voluntary programs and/or temporary interruptions of employment applied across the agency. Such alternatives shall be subject to mutual agreement of the parties. In the absence of any mutual agreement, the Agency will implement layoff procedures consistent with this Article.
Agency and union discussions under this agreement shall not constitute interim bargaining under the Public Employees Collective Bargaining Act. The parties shall not be required to use the dispute resolution procedures contained in the Public Employees Collective Bargaining Act.
Employees in positions to be vacated shall be given written notice of layoff at least 15 calendar days before the effective date, stating the reasons for the layoff.
A complete list of vacant and available positions (with salary ranges) within the Agency shall be provided to each Job Representative in the geographic area affected by layoff.
Moving expenses will be reimbursed only when an employee has in fact, left State service, and is called back from the layoff list to a geographic area other than the one in
which they were laid off. Moving expenses will not be paid by the Agency for any other moves associated with displacement, demotion, or return from a layoff list.
Article 7.1 New Employee Orientation
The Agency will provide a new employee orientation for all new employees. Appropriate accommodations shall be provided to ensure the safety and inclusion of all employees, including but not limited to a live webinar within 30 calendar days of date of hire.
When possible, the Association presentation will be conducted during the new employee’s regularly scheduled work hours and whenever possible, during the Association representative’s regularly scheduled hours. The Association’s presentation will be live, either in person or via a virtual platform. Previously the employee was given time off with pay to complete this.
Article 8.1 Review of Classification Series
Removed “reclassification” definition. Removed 30-day implementation of salary adjustment for reclass. Removed legislative review and approval language.
Article 8.2 Upward Reclassification
Removed retroactive language for reclassifications-payment will be futuristic with a lump sum payment of any money owed. Prohibits re-initiating a reclass review if denied by the committee.
Article 9.1 Work Schedules
Revised to include a definition of “flex schedule” (terminology used by ODOTS’s TAMS) also known as a non-regular work schedule.
Employees work schedules may be changed at the employee’s request and with the employer’s approval. Any increased benefits and/or compensation which may be associated with the changed schedule, including shift differential, shall be waived by the employee.
Article 9.3 On-Call Duty
Removed language about when a work site or duty station is also an employee’s private residence. An on-call employee who is required to report to a work site to commence performing assigned duties from shall receive at minimum the pay required in Article 9.2.
Article 9.4 Overtime
Removed Forestry employees’ receipt of cash or compensatory time for overtime hours worked. Compensatory time off may be scheduled by the Agency. All agency employees are now eligible to accrue compensatory time off and that above one-hundred and twenty (120) hours (increased from 80 hours) not taken by the close of business on April 30, including that earned in April, will be paid in cash as if it had been earned during April.
Article 10.1 Holidays
Added Juneteenth (June 19) to the recognized and paid holidays. The previous holiday call ed Governor’s Day by the Agencies for use generally, between Thanksgiving and
New Years, is now available to be used at any time during the year and is defined as floating holiday.
Article 10.8 Leave of Absence With Pay
This section does not limit or preclude employees from utilizing paid time for Association- related activities as allowed under the law and Article 3 of this Agreement.
Article 10.9 Leave of Absence Without Pay
This article has been revised to include military leave, and unpaid Association leave. Additionally, employees who are entitled to paid time for Association-related activities under the law or Article 3 of this agreement cannot be required to take leave without pay under this section.
Article 10.12 Inclement Weather or Hazardous Conditions
The employer/agency designated official(s) may implement a full day closure or curtailment (delayed opening or partial closure) of offices, facilities or operations because of inclement weather or hazardous conditions. The employer/agency will announce such full day closure or curtailment by 5AM through agreed upon channels. Employees are responsible for continuing to monitor for updated information or notifications.
Employees designated by the Agency to report to work during a closure (essential employees) shall be notified in writing of their designations no later than November 1st of each year or upon hire. The Agency will maintain a public list of these employees.
Employees with existing Remote Work Agreements may request the ability to work remotely from their immediate supervisor when the employees work is curtailed due to inclement weather or hazardous conditions.
Article 11.1 Payday and Payroll Computation Procedure
Language updated to include banking holidays. “When a payday falls on a Saturday, Sunday, or banking holiday, employee paychecks shall be made available on the last working day of the month.”
Article 11.3 Salary Administration
Effective December 1, 2021, Compensation Plan salary rates shall be increased by 2.5% but not less than $85.00 per month (prorated for part time employees). Effective December 1, 2022, Compensation Plan salary rates shall be increased by 3.1% but not less than $100.00 per month (prorated for part time employees). Effective July 1, 2021, the following classifications shall be adjusted as indicated below:
Construction Project Manager 3 Salary Selective SR32 to SR33
Professional Land Surveyor 2 Salary Selective SR33 to SR34
Traffic Systems Technician 1 Salary Selective SR21 to SR24*
Training and Development Specialist 1 Class Study
Training and Development Specialist 2 Class Study
*Effective July 1, 2021, any currently employed Traffic System Technician 1 will be placed on step in the new range to the nearest step which is greater than the employee’s current adjusted salary rate. The adjusted salary rate is inclusive of the employee’s base rate of pay and the 10% Traffic Systems Technician Differential. These employees will retain their current salary eligibility date, if applicable.
A regular status seasonal employee shall be eligible for a step increase upon returning to the same Agency in the same classification the next annual season regardless of the length of the period of time that has lapsed since the previous six (6) month or annual increase granted. “Annual season” means a period of twelve (12) months, regardless of the number of seasons occurring during that period.
Annual step increases may no longer be withheld as a result of performance evaluations.
Rate of pay upon upward reclassification has been removed.
Article 11.5 (Old LOA 2) Health and Dental Insurance
LOA 2 was moved into section 2 of Article 11.5. There were no substantive changes.
For plan years 2021-2023 Employer will pay 95% and the employee will pay 5% of the monthly premium rate, as determined by PEBB.
For employees who enroll in a medical plan that is at least 10% lower in cost than the monthly premium rate for the highest cost medical plan available to the majority of employees, the employer shall pay 99% of the monthly premium for PEBB health, vision, dental and the basic life insurance benefits and the employee shall pay the remaining 1%.
Article 12.1 High Work Differential
When an employee is required to perform work more than 6 feet (previous 20 feet) directly above the ground or water and is required to use personal fall arrest systems, personal fall restraint systems or boatswain chairs, the employee shall receive $1.50 per hour for all hours high work is performed. Employees receiving this differential must have Advanced Fall Protection Certification or Agency specific equivalent and or Aerial Lift Equipment Certification as appropriate.
When an employee is required to perform slope, communication tower or bridge condition inspection or maintenance (previously limited to bridge inspection only) using rope access under -bridge inspection truck (UBIT) or other aerial lift equipment, the employee shall receive $4.00 per hour for all time worked performing these duties, but not travel time to and from the job site.
In addition to receipt of Level 1 Certification from the Society of Professional Rope Access Technicians (SPRAT) work eligible for this differential must involve use of personal fall arrest systems or personal fall restraint systems. For rope access inspections, this differential applies to all SPRAT certified members of the inspection team who are at the job site performing and participating in slope, communication tower, or bridge inspection or maintenance. This differential cannot be combined with the differential for work over 6 feet (previously 20) directly above ground or water. This differential applies to all National Bridge Inspector (NBI) Certified employees for use of a UBIT or other aerial lift equipment who are at the job site performing and participating in bridge inspection or maintenance.
Employees receiving this differential for communication tower inspection or maintenance must have Advanced Fall Protection Certification or Agency specific equivalent. This differential applies to all certified members of the inspection team who are at the job site performing and participating in communication tower inspection or maintenance.
Association represented employees will be on Agency paid time when traveling for and during the Agency Safety meetings, so long as the meeting and travel occur during the employee’s regular work schedule. The Agency will not be liable for mileage, lodging, meals or overtime.
(Forestry and Parks) one or two Association represented employees at the Association’s discretion will meet with the Agency’s Safety Manager to discuss and review high work safety standards.
Article 12.3 Shift Differential
Shift differential shall be paid to all employees at the rate of $1.00 per hour for each full hour worked between 8:00p.m. and 6:00a.m. Shift differential shall not apply to any leave with pay, unless required by law. Previously this was limited to classifications with a Salary Range of 26 and below, and the hours of 9:00 p.m. to 6:00 a.m. which exempted many AEE represented employees.
Article 12.4 Lead Work Differential
Employees are eligible for leadwork differential of 5% for being the lead worker for one or more employees (previously this was limited to two or more employees). This differential is relative to interactions with other employees and shall not apply to project and program management duties.
AEE represented classifications which have leadwork duties included in the compensation package for the classification and therefore excluded from receiving leadwork differential are:
Right-of-Way Agent 2 (Class Number 0762)
Traffic Systems Technician 3 (Class Number 4311)
It is clarified that the lead work differential is relative ton an employee’s interactions with other employees to help clarify the confusion of it being denied under the guise of all lead work being either “project” or project management duties”.
Article 12.6 Outerwear Reimbursement (ODOT)
Has been updated to include fire shirts and pants.
The parties recognize the outerwear without an Agency logo, at the time of its procurement, is and remains, the personal property of the employee for as long as they own it, including beyond retirement or cessation of employment. This was added to help with the misconception some management staff had regarding the ownership of the reimbursed outerwear.
Article 12.7 Boot Reimbursement (ODOT)
AEE negotiated an increase of $20 for work boots. The biennial reimbursement shall be up to $250. An employee may not make a claim for the same pair of boots under Article 12.6.
Article 12.11 Safety Glasses
The Agency will reimburse an employee up to three hundred ($300.00) dollars each biennium for the purchase, maintenance, or replacement cost of prescription safety glasses or lenses so long as the employee has a prescription for eyeglasses and safety glasses are appropriate for the employee’s job duties. Approved safety glasses expenses shall be claimed as an “Other Expense” with receipts and may be submitted by the employee any time during the biennium. Each biennium begins on July 1 and ends two (2) years on June 30th. [Note: It is not the Agency’s practice or intent to pay for eye examinations.]. Previously this was limited $250 for the replacement of prescription safety glasses which were the employees personal property only when lost or damaged on the job.
Article 12.12 Professional Registration Incentive
Employees are only eligible for this incentive one time in their tenure with the state, regardless of the number of professional licenses, registrations, or certifications they obtain. Certified Engineering Geologists (CEGs) are now included in this article.
Article 12.14 Essential Worker Differential
New article defines an Essential Worker is an employee is required to report to work in person during the closure or curtailment of offices because of inclement weather or hazardous conditions as defined by Article 10.12, Section 2. During closure or curtailment of offices because of inclement weather or hazardous conditions employees required to work shall be paid a differential of one dollar ($1.00) per hour for actual hours worked, regardless of FLSA status.
Appendix A Definition of Geographic Area
The names of specific buildings were omitted for Zone #1, since it was not consistent throughout the definition.
LOA 7 Inclement Weather/Hazardous Conditions Leave
This does not apply to FLSA employees or employees designated by the Agency to report to work during a closure. In the event of a delayed opening the employee shall be allowed to access inclement weather/hazardous conditions leave for up to half of their regular work day for up to 40 hours a biennium.
In the event of a full day closure the employee will work from home or alternate work location for at least half of their regular workday. If the employee declines to work from an alternate worksite the employee will use accrued vacation hours, compensatory time or leave without pay.
The employee may be approved to temporarily modify their work schedule to engage in training through the electronic employee training platform or other agency approved resources remotely. Employees engaging in these options will waive their shift differential for such time.
Seasonal employees shall be granted a prorated amount of leave based on the amount of time anticipated they will work in the biennium at the time of hire. For example, if the employee is being hired for a six (6)-month equivalent FTE, they would receive ten (10) hours. The time will not be re-adjusted if the employee is hired into subsequent seasonal positions within the biennium or works longer than originally anticipated.
Evacuated from Home. Employees who have been evacuated from their homes shall be eligible to use inclement weather/hazardous conditions leave not to exceed a combined total of forty (40) hours per biennium.
Inclement Weather/Hazardous Conditions and Existing Remote Work Agreements. Inclement conditions may arise in remote work locations. If utility providers experience outages that prevent an employee from working, employees may access inclement weather/hazardous conditions leave, unless there is an alternate work location available. If an employee declines an alternate worksite, the employee shall use accrued vacation leave, compensatory time off, or leave without pay.
LOA 12 Pay Equity
Application to current employees: Unscheduled salary step increases may be initiated by periodic statewide equal pay analysis (to take place at least every 3 years)
Application to returning employees (including but not limited to reemployment and return from layoff): An agency head or designee shall offer a greater rate of pay than prescribed in the collective bargaining agreement when the agency identifies a pay inequity between employees in the same classification who perform work of a comparable character.
New LOA Natural Disaster Leave
An employee who, due to a natural disaster has lost their home, access to their home, or their primary residence has been deemed uninhabitable are eligible for a maximum of 80 hours of paid leave (prorated for part-time employees). Employees who have used the 80 hours of paid administrative leave for this purpose may request donated leave. Donators may donate their vacation or compensatory leave. Donated leave will not exceed the amount necessary to cover the absence.
New Article Remote Work/New Article Working Remotely
Previously LOA 5 Telecommuting and Teleworking. This was moved into the Collective Bargaining agreement and expanded upon.
Defined central worksite, alternate worksite, and remote worksite. Requests to work remotely shall be considered in order of application and responded to within 30 calendar days. If an employee’s request to work remotely is denied, the supervisor must provide a written response to the employee documenting the reason(s) for the denial.
If an employee’s request to work remotely is rescinded, the supervisor must provide a written response to the employee documenting the reason(s) for the recission. Once a written explanation of the reason(s) for rescission have been provided, the employer may rescind their remote work with a minimum of 7 days advance notice. The employee may rescind their remote work with a minimum of 7 days advance notice.
Inclement conditions may arise in remote work locations. If utility providers experience outages that prevent an employee from working, employees may access inclement weather/hazardous conditions leave (Letter of Agreement #7), unless there is an alternate work location available.
The agency provides basic technology equipment and related devices necessary for the employee to perform their assigned job duties at the remote worksite. Employees will not conduct state business from personal devices subject to approval by the Chief Operating Officer.
New LOA 11.1 Payday and Payroll Computation Procedure
The purpose of this Agreement is to create a statewide joint labor-management committee to explore the impact on employees of the transition to a new payroll system, including but not limited to, moving FLSA non-exempt employees from salaried to hourly and moving to a semi-monthly or bi-weekly pay system.
The committee shall have proportional representation from the participating, impacted Unions.
The committee shall produce a report that will be made available to all parties.
The committee shall convene during regular business hours and committee members will be in paid status when attending and traveling to/from committee meetings.
The committee shall conclude its work by December 31, 2022.
New LOA
In circumstances where cost reduction strategies are necessary, rotational opportunities may be implemented at the discretion of both Agencies. During the term of rotational agreement when both Agencies agree vacancies in the receiving Agency may be filled via transfer request. Employees may volunteer for transfer, or the Agency may reach out directly.
It is the responsibility of the employee wishing to transfer on rotation to make a written request to Human Resources department of the Agency they are wishing to transfer to and simultaneously make their current Human Resources department aware.
An employee may also make a written request for demotion to the appointing authority in accordance with Article 6.3 Section 12 of the collective bargaining agreement.
Demotion would be at the discretion of and in the best interests of both Agencies and the employee. Transfer requests may be considered separately or in combination with candidates for promotion again subject to Agency discretion.
NEW LOA Locality Pay Committee
The Association and ODOT agree to form a joint labor-management committee made up of three Association representatives appointed by the Association and three representatives from management to explore the benefits, costs, and feasibility of establishing geographic pay scales for bargaining unit members who live and work in specific geographic regions that have a higher cost of living or unique recruitment and retention issues related to location. As part of the process, the committee will examine whether other employers who perform similar work or who compete for employees with ODOT provide locality pay.
The committee will begin meeting within 60 days from the date of the last signature on the Collective Bargaining Agreement. They will make good faith efforts to develop recommendations and findings related to geographic pay. They will be submitted by December 31, 2022, to be discussed during successor negotiations in 2023. The parties agree that any negotiations over mandatory subjects will occur during bargaining over a successor collective bargaining agreement and not through midterm bargaining.
New LOA Pandemic Recognition LOA
Note: Although DAS could not tell AEE which employees qualify as “frontline workers”, they stated the employees would be the same employees designated to be eligible to receive the Covid-19 vaccination when those vaccinations were be limited to “frontline workers” in early 2021. Clearly much of the work performed by AEE employees cannot be done remotely, such as materials testing, construction inspection, emergency response, etc. Regardless, AEE expects that the Agencies will identify few AEE employees as “frontline workers” expecting that Agencies will argue that employees “could” have worked remotely. AEE will monitor the State’s implementation of this LOA and work to ensure it is properly applied. We anticipate some disagreements with the State on this issue.
In recognition for the employees that were asked to take a greater personal risk during the Covid-19 pandemic by being required to show up to work in person while some employees were able to work remotely, the Parties agree to the following:
Employees designated as frontline workers between March 2020 and June 2021 will receive a one-time payment based on the following criteria:
Frontline worker definition: A frontline worker is someone who has a job that puts the individual at higher risk for contracting COVID-19 because of:
Regular close contact with others outside of their household (less than six feet); and routine (more than 15 minutes per person(s)) close contact with others outside of their household; and they cannot perform their job duties from home or another setting that limits the close or routine contact with others outside of their household.
Payments will be made as follows:
Frontline workers who worked between four hundred and eighty (480) non-telecommuting hours to one thousand and thirty-nine non-telecommuting hours will receive a one-time payment of one thousand fifty dollars ($1050). Regular hours count towards the non-telecommuting hours.
Frontline workers who worked one thousand forty (1040) non-telecommuting hours or more will receive a one-time payment of one thousand five hundred fifty dollars ($1550). Regular hours count towards the non-telecommuting hours.
In addition to qualifying for one (1) of the above two (2) payments, recognition will be provided to frontline workers who worked two hundred (200) or more overtime hours during this period with an additional one-time payment of five hundred seventy-five dollars ($575).
Payments issued through this Letter of Agreement will be considered wages for tax purposes and are PERS subject.