Talking Points for February 5, 2010 Town Hall Meeting, Linda King ...

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Management employees do not have to be supervisory, but the term “managerial employee” specifically “does not include faculty members at a community college, college or university.” o A confidential employee is someone “who assists and acts in a confidential capacity to a person who formulates, determines and effectuates management policies in the area of collective bargaining.” • Initially the university designates jobs as supervisory, managerial, or confidential in accordance with PECBA and, as such, excluded from the bargaining unit. These designations may be contested by the union with ERB ultimately making the determination regarding inclusion or exclusion from collective bargaining. Question 2: What aspects of university life are “covered” by the union? To answer this question, we have to consider three relationships: • The relationship between the university and the union is governed by PECBA and relevant statutes. • The relationship between the university and union-represented faculty and staff would to a large extent be governed by the union contract bargained by the university and the union. Currently this relationship is found in OUS and UO administrative rules (OARs). • The relationship between union-represented employees and their union is governed by the union’s constitution and bylaws. Legal context: The relationship between the university and the union The relationship between the university and the union is governed by state statutes concerning bargaining between the university and the union. Oregon statues say: • Both the university and the union have an obligation to bargain in good faith with respect to “employment relations.” • Issues that do not fall within the definition of “employment relations” are not mandatory subjects of bargaining, but these issues can be bargained if the university and the union both agree to do so. • The obligation to bargain in good faith “does not compel either party to agree to a proposal or require the making of a concession.” State statutes also provide some guidance concerning what issues are considered “employment relations” and thus are mandatory subjects of bargaining: 2
• Included within the ERB’s definition of “employment relations” are “matters concerning direct or indirect monetary benefits, hours, vacations, sick leave, grievance procedures and other conditions of employment.” These are the mandatory subjects of bargaining. • Subjects that are not mandatory subjects of bargaining include: o Issues that the ERB “determines to have a greater impact on management’s prerogative than on employee wages, hours or other terms and conditions of employment.” o Subjects that “have an insubstantial or de minimis effect on public employee wages, hours, and other terms and conditions of employment.” o Such issues as “scheduling of services provided to the public, determination of minimum qualifications necessary for any position, criteria for evaluation or performance appraisal, assignment of duties, workload when the effect on duties is insubstantial, reasonable dress, grooming, and at-work personal conduct requirements.” Union Contracts: The relationship between the university and union-represented faculty and professionals The relationship between the university and union-represented employees would be governed in large part by the contract bargained between the university and the union. Thus, it is helpful to review union contracts covering faculty at other Oregon universities. All five have been posted on the HR web site. o Portland State University contract with the AAUP for academic professionals working half time or more. o Southern Oregon University contract with the Association of Professors, an independent union that only exists at SOU. o Western Oregon University contract with the AFT. o Eastern Oregon University contract with the AFT. o Portland State University contract with the AFT for academic professionals working less than half time. Although the five contracts have significant differences, there are consistencies in some areas. I will summarize briefly the provisions that have the most direct effect on the work lives of union-represented faculty and professionals. 3
Page 1: TOWN HALL MEETING ON ORGANIZATION F
Page 5 and 6: o Each outlines the stages through
Page 7: Executive Council • Elected by th

Talking Points for February 5, 2010 Town Hall Meeting, Linda King ...

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