Page 2
JUNE, 1968
OREGON STATE EMPLOYEE NEWS
OSEA - Hospital Bargaining Conflict Resolved
A tentative agreement has
been reached between OSEA
and the Oregon State Hospital
on its planned reorganization,
but not before considerable con
flict developed.
It took a meeting among re
presentatives of OSEA,the gov
ernor’s office, the attorney gen
eral’s office and the hospital
administration to resolve the
issue.
The trouble arose when the
agency attempted to negotiate a
reorganization agreement with
OSEA’s advisory Collective
Bargaining Council at the hos
pital in violation of the bar
gaining contract,
OSEA’s basic collective bar
gaining contract has been in
force at the institution for over
a year. A supplemental agree
ment, dealing with seniority,
was made a part of that con
tract last October.
The seniority agreement con
tains the following provision:
‘'6, When unusual staffing
circumstances arise caused by
major changes of program or
financing, assignments of per
sonnel shall be made based
upon procedures established by
mutual agreement of the par
ties at that time.”
Some time ago OSEA’s repre
sentative at the hospital, Don
ald A . Beninger, was told by
Richard French, OSH personnel
OSEA-Pen Adopt
Working Conditions
A supplemental agreement
covering a multitude of work
ing conditions has been ne
gotiated between OSEA and the
Penitentiary.
Among the provisions of the
agreement is one that requires
the Penitentiary to give four
hours pay to employees report
ing for work at their regular
ly scheduled time.
Field Representative Donald
A. Beninger, who negotiated the
document, said this should
solve many problems.
“ In past years, employees
would report for work only to
be
to ld th ey v ie re n o t n e e d e d .
They were told to go home and
rep o rt
fo r
w ork
on a d a y
they had been scheduled to have
o f f.”
Employees called in to work
on a day off, other than in
emergencies, will be paid for
at least four hours, unless oth
erwise mutually agreed.
The agreement establishes
the work week at the Penit
entiary as Sunday through Sat
urday. “ Employees shall nor
mally work 40 hours during this
weekly period, consisting of
five consecutive workingdays,”
it says.
It calls for all employees to
get 104 days off each year.
Those who get fewer shall be
compensated.
Other provisions
in the
agreement are as follows:
♦“ Compensatory time off
shall be scheduled at a time
mutually agreeable to the em
ployer and the employee.”
♦“ Normally an opportunity
to eat will be provided em
ployees not more than five or
less than three hours after
reporting for work.”
♦“ The duties and respon
sibilities of employees on each
p o s t s h a ll b e p u b lis h e d in w r i t -
te n f o rm and a v a ila b le to e m
ployees.**
♦“ Special examinations may
be given and used as one of
the factors in considering sal-
ary increases.”
♦“ Employees shall receive
copies of memorandums to be
placed in their personnel file
submitted by other employees
concerning their competency or
activities.”
♦“ A grievance may be filed
whenever adisagreement exists
between an employee or a sup
ervisor.”
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officer, that the agency was
planning to recognize several
of its units.
He said it would involve a
considerable amount of person
nel reassignment.
French further told Beninger
that he intended to ask the
members of the council to meet
with him concerning the re
organization.
Beninger told French that the
contract says the council is
merely advisory. It cannot enter
into a formal agreement.
He further stated that the con
tract requires any agreements
to be negotiated between the
state association and the ad
ministration.
It specifically states that lo
cal units or committees of OSEA
shall not be parties to agree
ments.
Despite this warning, French
and Dr. Dean K. Brooks, OSH
superintendent, met with the
council and discussed a reor- v
ganization assignment plan.
The agency did not inform Ben
inger of the meeting.
After the meeting, French
sent Beninger a letter which
read in part:
“ This is to confirm the in
formal discussions and agree
ment between the hospital and
the employees Collective Bar
gaining Council on procedures
for handling transfer of Psy
chiatric Aides at the time of
our impending reorganization.”
The letter wentontodescribe
the procedure to be followed
in the reorganization.
Beninger told French that
th e r e w a s no a g r e e m e n t b e c a u s e
the
h o s p ita l h ad t a ile d to n e
gotiate w ith a u th o r iz e d
OSEA
representatives.
Executive Secretary Thomas
C. Enright contacted Gov. Tom
McCall and the other two mem
bers of the Board of Control.
“ If the course of action taken
by Mr. French and the hospital
administration is allowed to
proceed unchallenged, col
lective bargaining, not only at
the hospital but also in a ll
other state agencies, will be
meaningless,” Enright char
ged.
“ We simply cannot allow this
contract to be breached so fla
grantly....,” he declared.
A meeting among represent
atives of OSEA, the governor’s
office, the attorney general’s
office and the hospital admini
stration was arranged.
Among the items agreed upon
during the meeting were the
following:
(1) Employees will be re-
Brooks Denies Unit;
Union Plans Appeal
An AFL-CIO union’s request
for a separate collective bar
gaining unit of psychiatric aides
at the Oregon State Hospital has
been turned downby the hospital
administration.
The union, however, has filed
notice it will appeal the decision
to the Civil Service Commis
sion.
The request was made by the
American Federation of State,
County and Municipal Em
ployees Union Local 1722.
Local 1722 submitted peti
tions bearing the signatures
of about 118 aides supporting
its request for the separate
unit.
OSEA, which is the exclusive
bargaining representative for
the unit, submitted petitions
c o n ta in in g th e s i g n a tu r e s
of
some 250 aides who opposed
the unit.
The association has been the
representative for the unit since
April 5, 1966, when it defeated
the AFSC&ME union in a rep
resentation election.
The union request was turned
down by Dr. Dean K. Brooks,
OSH superintendent,
“ It is my decision that such
designation not be made. This
is based upon the existence of
a bargaining unit which appears
Hospital Adopts
Seniority Pact
Selection of employees to fill
newly established positions at
Eastern Oregon State Hospital
will now be made on the basis of
seniority.
The new policy is the result
of a supplemental agreement to
the basic collective bargaining
contract recently negotiated
with the institution by OSEA.
“ No new employee will be
hired to a specific department,
ward, or shift if an in-service
employee is qualified and de
sires that particular position,”
the document states.
The new policy will apply in
all cases “ except in those situ
ations where its application
would adversely affect capabil
ity as required by manage
ment.”
In such cases the hospital
will give due consideration to
the personal desires of new em
ployees in regard to their as
signments.
The agreement gives the
hospital the right to place new
employees on selected wards,
departments, or shifts for
limited periods of training and
orientation.
assigned on the basis of sen
iority and request.
(2)
Seniority will include
aides, practical nurses and unit
clerks.
(3)
Procedures for reas
signing social workers will be
negotiated at a later date.
(4) Conflicts in vacations
and days off will be resolved
on the basis of seniority (un
der the terms of the existing
agreement between OSEA and
the hospital).
to be adequately representing
the affected employees,” he
said.
“ Less than half of thé affect
ed employees have petitioned
for the unit,” Brooks said,
“ while nearly double the num
ber petitioned against such a
unit.”
♦‘Further, it appears if a
separate unit were established
the employees would select the
same representative they now
have in the broader unit,” he
concluded.
The unit is composed of all
classified employees at the
hospital with the exception of
registered nurses.
OSEA has negotiated a basic
bargaining contract and a sup
plemental agreementonsenior-
ity w ith th e in s titu tio n .
T he u nion’s a p p e a l
b e f o re
the commission has been
scheduled for June 21 inSalem.
S
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