The NEW OSEA Chapter 600 - Lane County Head Start
1.1 This Agreement
shall be effective upon bilateral execution of the parties' authorized representatives,
and shall continue in effect through July 31, 2005.
1.2 If the Association wishes to negotiate a
Successor Agreement, it shall notify
the Agency no later than February 1 of the year the contract is to expire. By
its failure to provide notice as herein provided, the Association shall waive
its right to renegotiate this Agreement
and it shall automatically be extended one (1) year.
1.3 This Agreement
shall not be modified in whole or in part by the parties except by an
instrument, in writing, duly executed by both parties, except the
implementation of this Agreement
shall be subject to available funds.
1.4
Labor-Management
Committee
1.4.1
A Labor-Management Committee shall be established to address
matters as provided herein. Meetings of
the Committee shall be convened once each three (3) months, unless mutually
agreed otherwise by the parties. The
Joint Labor-Management Committee will include a maximum of three (3) Agency
representatives and three (3) Association representatives.
1.4.2
Any party expecting to raise an issue in the next meeting of
the Labor-Management Committee shall forward an agenda title and description of
the item to the other party no less than fifteen (15) days prior to the date of
the meeting.
1.4.3
The purpose of the Committee’s meetings shall be to address
matters of mutual concern to the parties.
Accordingly, the Committee will not discuss grievances. The Committee will not function in place of
the grievance procedure or the negotiation process. Subjects of discussion to
include:
1.4.3.1
Disseminate general information of interest to the parties.
1.4.3.2
Give representatives an opportunity to express their views,
or to make suggestions of subjects of interest to the parties.
1.4.3.3
For any discussion or consensus of matters subject o negotiations
or matters that could influence changes in the current or future labor
contracts, it is understood that
approval processes, for the Association and both the Board and Policy Council,
are required.
1.4.4
The Association representatives shall be released from work
to attend any meetings of the Labor-Management Committee that are scheduled
during said employees’ normal hours of work.
However, said employees shall not be paid by the Agency for the time
they are released from their regular duties to serve as representatives of the
Association.
1.5 The Association and the Agency agree that
all issues were fully bargained by the Agency and the Association during
negotiations for the Agreement. Such
issues include, by way of illustration and not by limitation, workload and all
assignments during the workday and work year.
1.6 The Association and the Agency both
mutually agree that the execution of the Agreement
is in full and final satisfaction of all bargaining demands and obligations
pertaining to all working conditions of members of the Association's bargaining
unit. The parties mutually agree that this executed Agreement is a complete representation of both the subjective and
objective manifestations of the parties and was reviewed carefully prior to the
affixing of signatures. Both parties further agree that this Agreement supersedes all past practices
and that there shall be no legal or quasi-legal challenges to inclusions or
omissions, real or perceived, from this Agreement.
1.7 Nothing in this Agreement that conflicts with state or federal law or regulation
shall be binding upon either party. In the event that any Article in this
Agreement is declared invalid by any
administrative panel or court of competent jurisdiction or is voided by statute
during the term of this labor Agreement,
the parties hereby agree that any such determination, action or legislative
nullification shall apply only to a specific article or part of the article
directly affected. It is further agreed that all other articles shall
remain binding.
Upon timely written notification from either party to the other, the parties
shall enter into negotiations for the purpose of attempting to obtain a
replacement to the text or provision that was invalidated.
Article 2
2.1
The Association shall represent all bargaining unit members
in the Agency within the bargaining unit equally and without
discrimination. The Association agrees
to indemnify, defend, and hold the Agency harmless against any claim, demand,
suit, or liability (monetary or otherwise) arising from any action taken or not
taken by the Association with respect to its duty of fair representation.
2.2
OSEA acknowledges that employees serving as Association
representatives shall normally be provided release time, but such release time
will not be paid for by the Agency.
Article 3
Unit Description
3.1 By certification of the National Labor
Relations Board, the Association is the sole and exclusive bargaining
representative for all employees as defined herein.
3.2 Specifically included in the bargaining
unit are all of the following employees:
3.2.1 All full-time and part-time employees not
otherwise excluded herein.
3.3 Specifically excluded from the bargaining
unit are all of the following employees:
3.3.1 All confidential employees.
3.3.2 All supervisory employees, including all
employees holding the titles of Child Development Consultant, Health Consultant,
Family Services and Mental Health Consultant, Nutrition Consultant, Human
Resources Consultant, and Information Systems Manager.
3.3.3 All program managers.
3.3.4 All temporary employees.
A temporary
employee is one who is to fill a position created for the purpose of completing
a specific task, created for a time certain or for a seasonal purpose. A
temporary employee will be hired for a period not to exceed ninety (90) working
days.
3.3.5
All substitute employees.
A substitute
employee is one who is hired for the purpose of filling a position of an absent
employee.
3.3.6
All volunteers.
3.3.7
Limited Term Employee
Employees
hired to provide assistance to a single social needs child are subject to
dismissal if the child becomes unavailable, leaves the agency, or is judged to
no longer require such assistance, or funds are exhausted.
Article 4
Dues Deduction – Financial Core Implementation
4.1 Employees
covered by this Agreement at the time
it becomes effective and who are members of the Association shall be required
to pay dues to the Association at a rate established by the Association. The Agency agrees to deduct from the wages of
each Association member the dues of the Association. Each such employee on the form provided by
the Association shall submit an annual payroll deduction authorization to the
Agency in writing.
4.2 The Agency
agrees to transmit the dues and fees deducted as provided herein to the Oregon
School Employees Association.
4.3 Financial Core
Fee Authorization Procedures
4.4 At such time as the Association advises
the Agency that an Association
membership vote has adopted a
resolution that all bargaining unit members,
regardless of membership in OSEA,
shall be required to pay either dues or a fair
share fee, the Association may, by
operation of this agreement, assess
members of the bargaining unit either
dues or a fair share fee, consistent with
the provisions of the National Labor
Relations Act.
4.5 In the event
that a “financial core fee” is authorized as provided herein, said financial
core fee shall represent the bona fide cost of representation for members of
the bargaining unit. Financial core fees
that may be assessed pursuant to this Agreement
shall not include the Association’s costs for the following:
4.5.1
Charitable donations or interest-free loans made by the
4.5.2
Political lobbying.
4.5.3
Costs associated with illegal strike activity.
4.5.4
Litigation not involving the negotiation of agreements or
settlement of grievances.
4.5.5
Any other cost determined to be inappropriate by the
National Labor Relations Board or any court of competent jurisdiction.
4.6 In the event
that a “financial core” fee is authorized as provided herein, the Association
certifies that it will provide the following to employees subject to financial
core fee deductions:
4.6.1
A reasonable explanation of the basis of the fee.
4.6.2
A reasonably prompt opportunity to challenge the fee being
assessed.
4.6.3
The holding of disputed amounts in escrow pending resolution
of any challenge.
4.6.4
An impartial determination of any challenge to a fee as
provided herein.
The
Association agrees to hold the Agency, it’s Board members, administrators,
managers and all other agents, individually and collectively, harmless against
any and all claims, suits, orders, or judgments brought against the Agency as a
result of the provisions of this Article.
Article 5
Association Responsibility
5.1
The Association shall represent all employees within the
bargaining unit equally and without discrimination.
5.2
The Association shall provide copies of this Agreement to all employees in the
bargaining unit and to all new employees.
5.3
During the term of this Agreement,
the Association and members of the bargaining unit as individuals or as a group
will not initiate, cause, permit, or participate or join in any strike, work
stoppage, slowdown, picketing, or any other restriction of work.
Employees in the bargaining unit, while acting in the course of their
employment, shall not honor any picket line established by the association or
by any other labor organization when called upon to cross such picket line in
the line of duty. The agency agrees that
it will not lock out bargaining unit employees for the term of this Agreement.
5.4 The Agency
shall provide the Association with reasonable space at the Agency’s
administration building and other facilities where the Agency has posted, as
required by law or regulation, employment-related notices. The Association may place its bulletin boards
adjacent to such regulatory postings.
The Association’s bulletin boards shall be reasonable in size for the
particular space that is available. The
Association may use its bulletin boards to post communications with bargaining
unit members and shall include a statement that its source is the
Association. The Association shall take
assertive steps to assure that the posted material is not defamatory, scurrilous,
untrue or unlawful. The Association shall
also maintain the bulletin boards to assure that the posted material is timely
and neat in appearance.
5.5 Use of Agency Mail:
The Agency shall allow the Association to post notice of
Association-sponsored events on the agency’s electronic portal.
Article 6
Agency Rights
The
Association hereby recognizes the prerogative of the Agency to operate and
manage its service delivery, operations, and responsibilities according to its
determination. As the employer in this contract, the Agency retains all of the
functions, rights, powers or authority not specifically abridged, delegated or
modified by this Agreement. By way of illustration and not by way of
limitation, the Agency shall have the right to:
6.1 Manage and control the Agency’s business,
the equipment, the operations and to direct the working forces and
responsibilities of the employer
6.2 Direct the work of all of its personnel,
determine the number of shifts and hours of work and starting times and
scheduling of all the foregoing. Further, it shall maintain the right to
establish, modify or change any work or business hours or days.
6.3 The right to direct the working forces,
including the right to hire, promote, discipline, suspend and discharge
employees, evaluate employees on the basis of performance and conduct, transfer
employees, assign work or extra duties to employees, create and revise position
descriptions, determine the size of the work force and to lay off employees.
6.4 Determine the services, supplies and equipment
necessary to continue its operations and to determine the methods, schedules
and standards of operation, the means, methods, and processes of carrying on
the work including automation thereof or changes therein, the institution of
new and/or improved methods or changes therein.
6.5 Adopt reasonable rules and regulations.
6.6 Determine the qualifications of employees,
including physical capacities.
6.7 Determine the location or relocation of its
facilities, including the establishment or relocations of new sites, buildings,
departments, divisions or subdivisions thereof and the relocation or closing of
offices, departments, divisions or subdivisions, buildings or other facilities.
6.8 Determine the placement of operations,
production, services, maintenance or distribution of work, and the source of
materials and supplies.
6.9 Determine the financial policies, including
all accounting procedures, and all matters pertaining to public relations.
6.10 Determine the size of the management
organization, its functions, authority, and amount of supervision and table of
organization.
6.11
Determine the policy affecting the selection, training or
testing of employees.
Article 7
Inclement Weather Closure
7.1
It is the responsibility of all bargaining unit members to
report to work if their worksite is in operation. If bargaining unit members are unable to
report for work they must call their supervisor as early as is practicable. Time loss will not be paid but may, at the
bargaining unit member’s option, be covered by paid vacation or personal
holidays.
7.2
If a bargaining unit member’s worksite is closed owing to
inclement weather, the bargaining unit member is obligated to report to the
worksite if or when road conditions allow.
Time lost under such circumstances will, nevertheless, be paid.
7.3 This article
shall automatically sunset upon the expiration of this Agreement unless and until it is included in a bilaterally ratified
contract.
Article 8
Bus Drivers – Assignment and Responsibilities
8.1
A bus driver shall hold his/her regular route(s) from year
to year unless said bus driver chooses to relinquish such route(s).
8.2
Specific job route(s), including those, not taken prior to
the beginning of the school year, shall be posted and made available to bus
drivers. Bidding shall be based on
seniority as defined in this Agreement. The creation of such routes shall be at the
discretion of the Agency.
8.3 The bidding
referenced in Section 8.2 herein will be conducted in accordance with rules
established by the Agency. Bus drivers
may bid at their own discretion or may submit a proxy bid in advance of the
bidding. In the event either of the
above options are not exercised, the Agency may assign routes to the driver at
the Agency’s discretion.