Mediation Update for 9/30/2025
OHSU was virtual today due to illness, but our team was still in person at the SEIU building.
Both teams passed non-economic proposals that were in our courts and our team worked our way through the package that was sent to us last week. Our team intends to get all non-economic proposals back to OHSU next week and to respond to last week’s most recent economic proposal on October 14th during our next session with the mediator.
AFSCME Counters:
Grievance Package: We’ve made significant process towards a tentative agreement here. The points of difference are below:
24.1.4 Grievance of Specific Matters: We are still asking for it to be explicit that verbal warnings and coachings are void after one year and written warnings at two years. This is current practice, but isn’t as clear as it should be for our members and their managers.
As currently written, if our union staff and stewards miss a deadline a grievance is lost but there’s no mechanism where management loses if they miss a deadline. If we are held to that standard, the employer must be as well. We gave them the choice that we can either remove that provision for us or add that provision for management.
Appendix J: Workplace harassment, discrimination, and violence.
1 Definitions: OHSU is quite proud of the improvements to their Code of Conduct and would like our definition of harassment to match theirs. We’re not necessarily opposed to that, but their approach was to reference their definition and we’re not comfortable with being beholden to an external document that could be changed without our input. We put our definition back in and let them know that they’re welcome to use theirs instead when they counter, but it must be written out in our contract.
2 Complaints of Discrimination or Harassment: OHSU is simply not able to complete OCIC (OHSU’s civil rights investigative department) investigations in the 30 days we’d requested as a deadline, so we have agreed to keeping the deadline at 60 days. However, we’ve added language that obligates the employer to offer a member who was the target of harassment or discrimination a workplace accommodation or alternative work arrangement if an investigation takes more than 30 days.
3.1 Union Notification: We passed back this language that would require OHSU to notify our union when they are contacted by ICE, US Customs and Border Protection, or other government agencies regarding the immigration status of any of our members. This isn’t a request to not comply with the law and is something they’ve previously worked with us on in the past. This is just to give our union the opportunity to support our members in what could be a time of great need.
4 Interim Actions: We added back language that would advise that the offer of paid administrative leave would be considered best practice when an employee has been impacted by harassment, discrimination, or violence. This doesn’t obligate the employee to take this leave, so if they prefer to keep coming to work that will continue to be their right. Too often, we’ve seen the perpetrator on paid leave during an investigation while the target has had to struggle through a very difficult time without the assistance they needed.
5.4 Permanent and temporary disabilities: This would protect our members while they are going through the accommodation process. OHSU previously rejected this because they didn’t want a separate process for our members. This isn’t a request for a separate process, just protection while that process is happening. Our stewards have seen too many cases where someone is moved through the disciplinary process or just give up while they wait for a determination.
6 Privacy: We added this language back to our counter to require OHSU to work with the union whenever a Freedom of Information Act (FOIA) request has been filed regarding our members. We’re not asking for them not to follow through on their legal obligations, but in the past they’ve collaborated with us to be sure that only the information that was absolutely necessary was shared and our members knew what had been shared. As healthcare becomes increasingly politicized, this is a problem that is likely only going to get worse.
Miscellaneous Counters: Most of these are close to being tentative agreements.
5.12 Extended Medical Leave: Tentative agreement that adds a reference to Paid Leave Oregon and similar laws.
5.19 Onboarding: Both teams passed this today. We had some good discussion and it appears they have a better understanding of why we had asked for this change.
5.34 Remote Work: After discussion today, our teams realized that the disagreements on this language came down to us seeing these as definitions of the type of worker and OHSU seeing them as definitions of the type of work. Hopefully they will be resolved quickly in future passes.
5.X Hybrid Remote: Possible tentative agreement, pending changes that may happen to 5.34 Remote Work based on today’s conversation.
6.15.7 Return to Work Site: Possible tentative agreement.
17.2.3 Employment Outside of the Bargaining Unit: Almost a tentative agreement. We added a reference to 8.5.5 Return to the Bargaining Unit for pay related issues.
8.5.5 Return to the Bargaining Unit: Like 17.2.3 Employment Outside of the Bargaining Unit, we’ve added a reference to that article for seniority related issues.
23.6 Unauthorized Absences: Possible tentative agreement. This is a big win for our members. Previously, OHSU has abused this language to fire employees by claiming they were “deemed to have resigned.” This blocks that possibility unless OHSU has contacted the employee and the union. Full text below:
23.6 Unauthorized Absences. Any unauthorized absence of an employee from duty may constitute grounds for disciplinary action. Unauthorized absences include but are not limited to no-call no-shows. Any employee who is absent for three (3) consecutive workdays without notification to the Employer or five (5) total workdays during a twelve (12) month period without authorized leave ation as defined in Section 5.45 (Without Authorized LeaveUnauthorized Absences) may be deemed to have resigned, at the Employer’s discretion. Such absence may be authorized by the Employer by a subsequent approval of leave with or without pay, when extenuating circumstances are found to have existed. The employee will be provided an opportunity to explain extenuating circumstances. In the event of the employee’s absence of three (3) consecutive workdays without notification, the supervisor shall make one (1) reasonable attempt to confirm the employee’s welfare by placing a telephone call to the last known number prior to the resignation. This demonstration of concern will not serve to extend the employee’s job protection rights. The Employer may not deem the employee to have resigned for non-consecutive unauthorized absences unless the Employer has provided the employee and the union with notice. The notice will be provided no sooner than the third non-consecutive unauthorized absence and before the non-consecutive unauthorized absence that may lead to resignation. If the Employer has deemed an employee to have resigned under this section Tthe Employer will also provide notice to the Union on the same day prompt as the notice to the Union to the Employee if the Employer it has deemed an employee to have resigned under this section.
6.11 Personality Profiles: Current contract language.
18.2.2 Selection Process and Priority to Internal Candidates: We continue to push back on an employee’s current manager being able to give them a negative reference based on multiple cases our stewards and staff have seen where managers have abused this to keep someone from being able to leave their department.
21.2 Classification and Reclassification Procedure: We continue to push for a mechanism where an employee who works out of class for an extended period of time (1040 hours over 18 months) be automatically reclassified.
28.2 Composition: Possible tentative agreement.
28.3.1 Labor Management Committee (LMC): Almost a tentative agreement. We continue to insist that AFSCME be included in the approval process for Career and Workplace Enhancement Center (CWE) classes that are offered only to management. The CWE was a major contract win in 2009 and we will always work hard to ensure that our members are their primary customers.
OHSU Counters:
Article 2 Union Provisions: This article was actually tentatively agreed upon, but both teams agreed to reopen specific articles to address how to handle the release time for union officers who are Relief or Flex. Currently, all officers have release time that is prorated based on their FTE. This would address how to handle officers who do not have an FTE.
President: Relief and flex will not be expected to meet their availability/work expectations.
Vice President: Relief and flex will only be required to provide availability for 2 shifts per pay period pursuant to 5.33 Relief Employees.
Secretary and Treasurer: Relief and flex will only be required to provide availability for 3 shifts per pay period pursuant to 5.33 Relief Employees.
Chief Steward: Relief and flex will only be required to provide availability for 2 shifts per pay period pursuant to 5.33 Relief Employees.
Scheduling Package: This is OHSU’s full proposal to reorganize the scheduling language so it’s all in one place. Differences are below.
5.33 Relief Employee: Updated to bring it closer to current contract language and reference that people provide availability in accordance with their department’s “written expectations” rather than “policy.” We’re getting down to very small changes like this.
7.3.6 Changes in Reporting Time: OHSU returned to current contract language.
7.5 Availability of Additional Work: OHSU continues to stick to current contract language that restricts someone’s ability to get overtime in the same week where they’ve taken vacation. They also commit to finding someone who can take a shift without going into overtime as often as possible.
7.5.1 Shifts Becoming Available After the Schedule is Posted: After we added in some language from the Oregon Nurses Association’s (ONA’s) contract to clarify this process, OHSU actually added additional ONA language here to further flesh this out. We will review this closely, but these appear to all be positive changes.
7.5.5 Mandatory Assignments of Overtime Work: OHSU continues to push back on paying a higher rate for mandatory overtime.
Employees who work mandatory overtime should not be issued a ticket if their parking expires or parking rules change over the course of their shift, but this is hard to guarantee since parking enforcement doesn’t have a way to know who is working overtime. After some back and forth, OHSU has confirmed that members will be able to submit an online appeal without any issue and added language to lay out the process.
Temporary Worker Package: Another non-economic package that we’re getting closer on. This one is about temporary workers, often referred to as agency or travelers.
5.41 Temporary Non-Bargaining Unit Workers (including Traveler/Agency): Added references to language that was added from ONA’s contract to give better parity between our processes and rights.
18.6 Filing of Vacancies with Temporary Workers: This is new language we proposed to better define how travelers can be used and to create opportunities for our members to apply for temporary assignments. OHSU has added language that would require them to get approval from their current manager to be released for a temporary assignment.
19.11.1 Order of Curtailment/Cancellation: OHSU still insists that temp workers can only be curtailed if it is “permitted under their contract.” We continue to insist that our contract should have priority over theirs.
Consensus Package: This language is getting close with only one real disagreement and some back and forth on how to word certain articles. The disagreement is over whether a staffing plan can fall under consensus agreements - OHSU says they do not because consensus agreements are mostly or entirely about how to handle seniority-related issues while staffing involves budgeting, FTE, and other, more complicated factors. Everything else tweaks differences between work groups and work units and consensus groups versus ad hoc committees or consensus committees. We’re hopeful we can get this to a tentative agreement after one more pass.
Miscellaneous Counters:
5.19 Orientation: Both teams passed versions of this language today. Hopefully we’ll be able to finalize this next week as they have a better understanding of why we proposed it.
6.6.2 Change in Circumstances: OHSU added language that clarifies that this process has to be initiated by the employee in question. Otherwise our language is very close.
12.3 Use of Vacation: OHSU reverted to current contract language.
13.3.2 Immediate Family and Household Members: OHSU has agreed to this language, making it a tentative agreement. They did ask that we be sure our members are aware that this definition is broader than Oregon’s or the federal government’s. This means that there are situations where you may be able to use your OHSU accruals to take care of a chosen family member, but you may not qualify for FMLA (Family and Medical Leave Act) or OFLA (Oregon Family Leave Act). Full language below:
13.3.2 Immediate family and household members. For purposes of this section, immediate family member is defined as the employee’s parents (including biological, adoptive or foster parent, parent-in-law, or parent of same-gender all domestic partners), spouse, registered domestic partner, children (including biological, adopted, step or foster child, child-in-law or child of same-gender all domestic partners), brother, sister, sibling, grandchild, grandparents or the equivalent relatives of an employee with a domestic partner, or chosen family. Household member is defined as a person who lives in the same residence as the employee over a sustained period of time.
A lot of progress was made today towards finishing our non-ecoonomic proposals. Our team hopes to be able to wrap everything that isn’t economic over the next two weeks. Our intention is to make another economic proposal on 10/14, which is our next session with the mediator present.
As we get closer to a tentative agreement, it’s more important than ever to be sure that you’re a dues paying member. High membership numbers and participation in our upcoming events and strike assessment are the best ways that you can show OHSU our solidarity. The power our bargaining team has at the table comes entirely from our membership.
Please join us if you can this Thursday, October 2nd at noon at Elizabeth Caruthers Park for our practice picket with union siblings in Research Workers United. Details here. More information about the strike assessment and additional events throughout October will be posted soon. You can sign up to be a member here.
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