Mediation Update for 9/9/2025
Today our bargaining team passed about 85 pages of proposals to OHSU, moving almost everything back into their court.
OHSU has told our team that it is difficult for them to respond to economic proposals without having all of them available to work with. They’re concerned that if they agree to something in one area, they won’t be able to move funds to something that is more important later.
Our hope is that by passing all of these counters, we can get a substantive economic response within the next few weeks.
AFSCME Counters:
Leave Time Package: We made small movements to continue to help push us towards a tentative agreement. With us entering our 9th month of negotiations, we want to get as many things off the table as we can, so this package’s intention was to lay out what was still remaining and help OHSU understand where our and our members’ priorities are.
5.X Occurrence, 5.X Protected Medical/Sick Leave, 23.5 When Attendance is the Issue: We included this language to illustrate to OHSU that many of the things we’re asking for are overlapping attempts to better protect the job security of our members. If these provisions are accepted, we can move further on some of the others below.
11.1 Recognized Holidays: We have dropped the day after Thanksgiving and are holding on adding Indigenous Peoples Day as a floating holiday.
11.2 Holiday Compensation: Currently relief and flex are not included in this provision that ensures that employees with an FTE are paid for holidays they do not work. We had originally asked that both be included, which OHSU rejected. We are still asking that relief be included as they have an effective FTE.
11.2.1 Compensation for work unit holiday closure: This would ensure that employees are compensated for the entirety of their regular shift on a holiday, eliminating the need for those with longer shifts to use their vacation to make up the difference in hours.
12.2.2 Compensation for work-unit closure on non-recognized holidays: If a department chooses to close for a non-recognized holiday, this would ensure that employees are paid for their regular shift for that closure. For instance, a lot of departments close the day after Thanksgiving. Currently, any employees in that office or clinic would need to use vacation accruals or work additional hours to make up their FTE.
11.3.1 Work on a Holiday: We are still asking that an employee who works on a holiday receive holiday pay for their entire shift. For instance, if you start working at 10 PM on Christmas, you would receive holiday pay for the entirety of your shift, not just the 2 hours actually worked on the holiday.
11.3.2 Hours not worked on a recognized holiday: We consolidated this into language earlier in the article.
12.1 Accrual of Vacation Time: Our original ask was based on ONA’s hours, but their hours include their holidays. Our holidays are separated out, so this isn’t a place where there’s a 1:1 comparison. With that in mind, we have moved to all tiers getting an additional 4 days of vacation.
Vacation time grid. First column “Years of Service,” second “Rate per paid regular hour,” third “Number of days per year,” fourth “Number of hours per year.” First row “1st through 5th year,” second “After 5th through 10th year,” third “After 10th through 15th year,” fourth “After 15th through 20th year,” fifth “After 20th year.” All show an initial change of an additional 9 days that has been crossed out and replaced with an additional 4 days.
12.5 Accrual Limit: Current contract language caps accruals at 300 hours. We had requested a 500 hour limit and have moved to 400. With the increase in total hours, the number of hours accrued before an employee can make a priority request for time off would go from 250 hours to 300 hours.
12.6 Cashout of Accrued Time: We are holding at an increase from 250 to 400 hours.
13.1 Accrual of Sick Leave: Our original request was to move from 96 to 136 hours. We have moved to an increase to 120 hours.
14.1.8 Paid Bereavement Leave: OHSU has maintained their increase from 20 to 24 hours. We moved from our original request of 40 hours to 32. In our previous contract, our initial proposal for paid bereavement leave was also 40 hours. We agreed to 20 hours as a way to get the benefit into the contract with an eye to improving it in the future. Along with the changes to how the benefit is used, this would still be a significant step in the right direction.
MOU 28 Well-Being Leave: We have moved from our initial proposal of 16 hours to 12 hours. We are also asking that Relief employees who work more than 520 hours in a 6 month period be granted pro-rated Well-Being Leave based on their average hours worked over the previous 6 months.
MOU XX Indigenous Peoples Day Personal Floating Holiday: Rules for implementing this floating holiday, matching the language of our Juneteenth holiday.
MOU XX Community Outbreak Leave Bank: We have re-proposed this, explicitly as a backup to getting additional sick time and other protections from health-related occurrences. With the national climate and the possibility of future large scale infections, we need assurances that the people who have to come to work every day to take care of our communities will be taken care of. If OHSU grants us additional sick time and agrees to our amended occurrence language, then we are willing to drop this proposal. We can’t do that until we have other protections in place.
12.3 Use of Vacation: We’re still making passes on this language where OHSU is trying to put parameters around how people use vacation hours when they work a partial week. There is some value in defining this, so we continue to pass edits. Their restrictions on relief employee use of vacation are our greatest concern.
Scheduling Package: We are getting closer on the important language here. Updates and points of continuing conflict below:
5.33 Relief Employee: OHSU accepted the language from our last pass and we acknowledged that here.
7.3.6 Changes in Reporting Time: Both teams have moved closer here, but we’re holding that we are not willing to accept that employees whose schedules are changed without proper notice only receive premium pay for the hours that fall outside their regular shift. Changing shifts without proper notice gives an undue hardship for many, including the necessity of finding childcare. The premium for just the extra time does not cover the cost associated with not getting adequate notice.
7.5 Availability of Additional Work: OHSU wants to restrict employees from being able to accrue overtime in a week where they’ve taken time off. We do not want to move on this and ONA’s contract does not require them to change vacation or sick time to leave without pay. We are aiming at parity.
7.5.1 Shifts becoming available after the schedule is posted: We reworked this to match ONA’s language for the order time is offered and eliminate ambiguities. We also pitched to have the overtime order match this language. The order would be:
Regular employees fulfilling their FTE requirements. This category includes employees filling regular FTE positions on a temporary or interim basis.
Relief employees meeting their minimum shift obligation who have submitted their availability timely pursuant to Section 5.33
Flex Employees
Temporary Workers with a multiple week contract working within a forty (40) hour work week
Regular employees working above their assigned FTE at the regular rate of pay
Relief employees working above their minimum shift obligation at the regular rate of pay and relief employees who have not given their availability pursuant to Section 5.33
Regular employees working a shift incentive (not overtime)
Relief employees working a shift incentive (not overtime)
Flex employees working a shift incentive (not overtime)
Employees working overtime (over forty (40) hours or scheduled shift length) or double back
Regular employees working an incentive shift in addition to working overtime (over forty (40) hours or scheduled shift 21 length) or double back
Relief employees working an incentive shift in addition to overtime
Flex employees working an incentive shift in addition to overtime
Temporary Workers with a multiple week contract working above a forty (40) hour work week
If multiple employees in the same category request the work, it shall be granted in seniority order. The Employer may not reassign a shift once it has been staffed.
7.5.5 Mandatory Assignment of Overtime Work: We have moved from our original proposal that would require mandatory overtime to be the regular overtime rate (time and ½) plus the highest ANI offered to recruit for the shift to the regular overtime rate plus 25% of the base rate of pay. Mandatory overtime needs to be expensive for the employer and our members deserve additional compensation for having that choice and their time with their family taken from them.
e. We continue to tweak the language ensuring that no one is issued a parking ticket if they have mandatory overtime. On this pass we added “In the event a ticket is issued, documentation of mandatory overtime will be sufficient basis to successfully appeal the violation.” Based on the language we have already agreed to, the tickets shouldn’t even be issued the majority of the time, but we don’t want to leave any loopholes or overly burden our members who are affected.
Temporary Worker Package: We continue to refine this language that will help ensure that travelers will not be prioritized above our members.
5.41 Temporary Non-Bargaining Unit Workers (including Traveler/Agency): We streamlined the existing language and previous proposals into a new version of this definition. It is not substantively different from our previous requests, but the structure should make things the language and future edits more easy to understand.
5.X Temporary Non-Employee Workers (for example Traveler or Agency): Cut to add to the definition in 5.41 Temporary Non-Bargaining Unit Workers.
18.6 Filling of Vacancies with Temporary Workers: Proposed a simplified version of the language we’d previously passed creating a path for OHSU employees to take on temporary assignments rather than relying on outside agencies. Temporary workers would still be needed in some circumstances, but our hope is to create more opportunities for our members and help OHSU reduce costs. While this version does allow OHSU more flexibility in how to implement, we want to get this into the contract to prove its usefulness so that future bargaining teams can refine and expand on it using the real world examples that will come up over the next few years.
19.11.1 Order of Curtailment/Cancellation: We are holding firm that temporary workers must be released before anyone who is not already receiving overtime or other premium pay. OHSU added a clause that this would happen “if permitted under their contract,” but we maintain that OHSU should not be in the habit of signing other contracts that violate ours.
Second half of Safe Staffing Package:
10.13 Float Pool Department Differential: Current contract language is $1 per hour. We had initially requested $6 and OHSU countered with $1.25. We have moved to $3. Being in the float pool department requires flexibility and skill as you’re stepping into any department where help is needed.
10.13.1 Float Differential: We have proposed this language that would provide a $1.25 differential. This is for people who are not in the float pool who nonetheless float into other departments. This was initially proposed as a single differential of $8 covering both the float pool and those who float on more of an ad-hoc basis, but after hearing feedback, we split them back out again.
10.14 Additional Need Incentive: To avoid confusion with other contracts such as ONA’s, we’ve proposed renaming this to Critical Need Incentive. There is also confusion caused by having language regarding additional need and additional work throughout the contract.
10.14.1 Rate: OHSU responded to our earlier proposals indicating that they want to move to a single rate for all ANI rather than the current contract language that gives a minimum of 30% or $10, whichever is greater. Many departments offer higher rates when they have greater need. We are willing to adopt a single rate that is less variable if the rate is increased to 50% or $20.
10.14.2 Eligibility for ANI/CNI: OHSU proposed that employees with an FTE not be eligible for ANI when they have taken time off for anything other than modified operations, medical, or bereavement leave. We have countered this provision with a much more broad list of exceptions with the goal of covering all situations but unscheduled, unpaid time off. This way someone who takes vacation or has a sick day can’t have their ANI/CNI revoked.
10.14.2.2 Eligibility of ANI/CNI for Relief and Flex Employees: Matched the language above in 10.14.2.
10.14.2.3 Situations when not eligible for ANI/CNI (for all employees): We have cut OHSU’s language to reduce redundancy.
10.14.3 Granting of ANI/CNI: Both parties agree ANI/CNI can be on a first come, first served basis, however we’re requesting that preference be given to employees available to work an entire shift. Both parties agree that shifts should not be able to be reassigned once assigned.
10.14.4 Cancellation or curtailment of ANI/CNI: We added that cancellation of these shifts shall occur in reverse order of their commitment to work the shift. So the last person to volunteer would be the first cut, rewarding those who volunteer first.
10.15 Trainer Pay: OHSU has rejected this twice now, but we are determined to get this toe into the tent. We did reduce the amount from $3 per hour to $1.50.
10.X Staffing Stabilization Differential: We reworded our Short Staffing Differential proposal and brought it into line with what is in ONA’s contract. This is a significant movement on our part, but would match language OHSU is already using and give us a starting point to build on in future negotiations. Our original proposal was closer to ANI/CNI pay. Our new proposal provides a 10% differential once a department has been identified as having a staffing problem and then OHSU would work to address safe staffing issues in that department. We are hopeful that we can establish a collaborative process to bring relief to those who are being overworked.
MOU X: Safe Staffing Differential: This is about the implementation of the above differential. This would bring it into effect in 90 days after ratification and give OHSU 180 days to develop a system for identifying and reviewing departments at risk of creating unsafe patient conditions. Essentially, they have 90 days to create the differential and 180 days to begin addressing the problems the differential was established to help resolve.
8.3 Merit-Based Adjustments: This would be a new process to replace the existing language that is very rarely used or upheld. This would create a bonus for employees based on their GROW ratings by sorting them into 3 categories.
1: Does not meet standards - No bonus or increase with a non-disciplinary plan put in place to help the employee improve.
2: Meets standard - 1% lump sum
3: Exceeds standards - 2% lump sum
8.X Service Recognition Award: We are willing to drop this language and replace it with the updated 8.3 above.
Consensus Package: This language is getting closer, but was getting confusing with all the references to work groups and work units. The process will now be that once a need has been identified, an ad-hoc committee will be formed to create a process and consensus committee, who will create a plan that will be voted on by the work unit.
We held on this process being able to be used to address staffing plans in departments that fall outside of the Hospital Staffing Committee.
The ad-hoc committee may not have more representatives from management than from the workers in the unit.
Both our union and Labor Relations will need to agree to rescind a consensus agreement.
Article 15: Insurance Benefits: While some of the Employee Benefits Council bargaining is being done at a central table with all of the other unions at OHSU, these are the places where we are still bargaining at our table and haven’t reached agreement.
15.2 Insurance Contributions: We have reached agreement on language that makes sure that relief employees qualify for benefits commensurate with the number of hours they have worked in the last 6 months. Current contact language guarantees full time benefits, but is more ambiguous about part time benefits, which has caused serious issues for some of our relief workers.
15.2.1 Full-time Employees: Resubmitted our language that would give remote or remote-hybrid workers that elect to participate in the national group plan that we have proposed the same premium costs as local employees. This would set the rates to OHSU contributing 100% of the cost of the premium for the employee and 95% of the cost for dependents.
15.2.3 Maximum Annual Contribution Increase: We continue to reject this current contract language.
15.2.5 Employer Premium Reduction:
15.3 Insurance Coverage and Employee Benefits Council:
MOU X Training Trust: We re-submitted our proposal with a change from .5% to .3%, significantly lowering OHSU’s initial investment into this important program. We played this video for management explaining the impact this would have on our members, OHSU’s workforce, and our community as a whole. With federal dollars being unreliable and opportunities for advancement drying up, this is more important than ever. The last time there was a class through the Building Bridges program, over 1,000 people applied for 25 open slots. There is a great need for programs like this.
OHSU Counters:
Appendix J: OHSU agreed to our renaming of this to “Workplace harassment, discrimination, and violence.” While their counter doesn’t weaken Appendix J, OHSU has limited the ways we requested to expand and strengthen it.
Harassment: OHSU cut most of this definition, hoping to rely on the one they have used in their policy and Code of Conduct. No matter how good that definition may be, it is problematic to lean on anything that is outside of the contract as it can be changed without our approval.
Bullying: Agreed to our updated definition.
2. Complaints of Discrimination or Harassment: We had requested that investigations by OHSU’s civil rights investigative department not take more than 30 days to complete. OHSU wants to stay at the current contract language of 60 days because they state they simply can not complete them any sooner. They don’t refute the distress this may cause an affected employee. They also cut language that would allow the grievance process to proceed if there’s no response within 30 days, believing this wouldn’t be productive and is covered elsewhere in the contract. We’ll review how this interacts with the updated Article 2: Union Provisions.
3.1 Union notification: OHSU rejected this provision asking that they contact the union if they are aware of a Immigration and Customs Enforcement, U.S. Customs and Border Protection, or any other government agency regarding the immigration status of an employee. Our contract is a moral document as well as a practical one. All of OHSU’s given reasons for rejecting this were about a fear of government reprisal.
4. Interim Actions: OHSU accepted most of our updates, but crossed out our language that would establish that an offer of paid administrative leave would be the best practice when an employee has been impacted by harassment, discrimination, or violence.
5.1 Employer Responsibilities: OHSU’s only change was to substitute “educate” with “inform” when discussing their obligation to be sure employees know their rights under the Oregon Bureau of Labor and Industries (BOLI) or the U.S. Equal Employment Opportunity Commission (EEOC).
5.4 Permanent and temporary disabilities and 5.41 Workplace accommodations: OHSU rejected all of this language, concerned this would create a separate process for Local 328 workers. Considering the ways that we’ve seen OHSU mishandle accommodation requests by employees, this is a disappointing response.
6. Privacy: OHSU rejected this language that would have them collaborate with our union when our members are targeted by requests for information that could put them at risk of harassment or violence. Earlier this year OHSU worked with us on a request that targeted our members. They have already been collaborating with us. We are not asking that they not follow public records laws. We just want to be able to protect our members by limiting information that doesn’t need to be released or at least offering them support when their details are released.
7. Limited Reopener: OHSU agreed to our language that would allow us to reopen this appendix once per year by mutual agreement. This flexibility could be important with the uncertain landscape at the federal level.
Non-Packaged Counters:
6.11 Personality Profiles: This is a tentative agreement.
18.2.2 Selection process and priority to internal candidates: OHSU wants to retain the rights managers currently have to give a negative review that could keep an employee from receiving offers from other departments. We are very concerned about the ways that our stewards have seen this be abused.
21.2 Classifications and Reclassification Procedure: They rejected our automatic reclassification language but offered a counter promising a review every 6 months to identify employees who should be classified.
28.3.2 OHSU/AFSCME Career and Workplace Enhancement Center (CWE Center): Under the provision that ensures that AFSCME represented employees be prioritized over others, OHSU cut language that would require them to get AFSCME’s approval before offering a management-only training. The CWE exists because of the hard work of prior bargaining teams, so we have always insisted on robust oversight.
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