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WELCOME SEIU 503 (OPEU) 2009-2011 CONTRACT REVIEW

WELCOME SEIU 503 (OPEU) 2009-2011 CONTRACT REVIEW. Randy Wardlow Employee & Labor Relations Ext. 6-2965 rwardlow@uoregon.edu. RATIFICATION. The information in the following presentation is based on negotiated changes to the SEIU 2009-2011 Collective Bargaining Agreement.

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WELCOME SEIU 503 (OPEU) 2009-2011 CONTRACT REVIEW

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  1. WELCOMESEIU 503 (OPEU) 2009-2011 CONTRACT REVIEW

  2. Randy Wardlow Employee & Labor Relations Ext. 6-2965 rwardlow@uoregon.edu

  3. RATIFICATION The information in the following presentation is based on negotiated changes to the SEIU 2009-2011 Collective Bargaining Agreement. We have been informed that the new contract has been ratified by the SEIU membership.

  4. Acronyms/Definitions FURLOUGH = MANDATORY UNPAID LEAVE (D)AY / (H)OUR / (T)IME = MULD / MULH / MULT = FURLOUGH

  5. What resources are available to assist you? • Human Resources Staff • On the HR Website: • High level summary of key components • Summary of contract changes article by article • Copy of this presentation • MULD Election Sheet for non-default option • Links to additional information and tools http://hr.uoregon.edu/er/seiu_09-11_contract_changes.html

  6. MULD Election Sheet

  7. Reference For Changes By Article

  8. Implementation of Step Freeze and FurloughsFrequently Asked QuestionsOctober, 2009

  9. The following is general information concerning pay freeze and Mandatory Unpaid Leave (furloughs) for Service Employees International Union Local 503, OPEU (SEIU) and the Oregon University System (OUS).

  10. Salary Freeze

  11. Will I receive a reduction in pay if I received a performance increase before October 1, 2009? Employees who advanced on the pay scale within their classification’s salary range on or after July 1, 2009 through September 30, 2009 will be restored to the step in effect on June 30, 2009. The employee will not be required to return the pay already received.

  12. Will the salary freeze be lifted on October 1, 2010? Yes. Salaries for represented classified employees will be frozen for 12 months beginning October 1, 2009 through September 30, 2010. • Employees who received performance increases in July, August, or September, 2009 will be restored to the former step. • All other employees will receive their performance increases on their next salary increase eligibility date beginning with October 1, 2010.

  13. If I select the default of the Pay Reduction Option will I be required to have my monthly base salary reduced in the pay period in which the unpaid leave is taken? Under the default option employees will have their pay evenly reduced over the months in each fiscal year based on their monthly base salary rate. The monthly pay reduction will be based on the number of days (hours) of unpaid leave required for the tier corresponding to their monthly base salary rate. It will also be subject to proration according to FTE and months of employment.

  14. Does the pay freeze apply to staff who are promoted or have their positions reclassified? Yes and no. Staff will receive the initial increase granted for a promotion or reclassification. However, the increase typically given at the successful conclusion of the promotional trial service is part of the freeze and will not be granted.

  15. Will the mandatory unpaid leaves impact my PERS account? Any reduction in pay will have an impact on PERS.  The University contributes 6% of an employee’s monthly gross income to their PERS account.  If salary is reduced because of a MULD, the contribution will be lower. The overall impact on retirement will be very minimal. For additional information, please contact Ernie Pressman, Benefits Administrator, 346-2967 or pressman@uoregon.edu.

  16. Is it possible to receive a special merit increase during this freeze? The SEIU collective bargaining agreement does not address this issue. However, Provost James Bean’s message on Dec. 23, 2008 asked that department and unit heads refrain from requesting special merit increases. Are Special Cash Awards for IT staff still permitted during the freeze? Yes. However, similar to the above, requests are discouraged.

  17. Mandatory Unpaid Leave Days (Hours) (Time) (Furloughs)

  18. Tier Structure Below are the number of mandatory unpaid leave days (hours) and corresponding monthly base salaries.

  19. Yes. All SEIU staff employed on or before 10/1/09 are subject to a full year calculation of MULD for FY 09-10 and 10-11. If hired after 10/1/09 MULD is pro-rated based on hire date. The number of MULD may be further pro-rated based on FTE, basis, seasonal, etc. Will the number of mandatory unpaid leave days be prorated according to the employee’s appointment FTE and the appointment’s duration if less than 12 months?

  20. Are the salary tiers based on actual pay (with differentials) or base pay? Salary tiers are base pay only. They do not include differentials, overtime or other forms of compensation. If less than full-time the tier is still based on the full-time base pay. The number of days is prorated by the FTE.

  21. What is the tier level when an employee is paid on an hourly basis? Since some employees are paid on an hourly rather than salary basis, use the following hourly rate tiers (based on a 173.33 hours in an average work month): Tiers by hourly rate for full-time equivalent positions 1 -- $14.14 and below 2 -- $14.15 to $17.91 3 -- $17.92 to $33.07 4 -- $33.08 and above

  22. Sample Calculation Employee A: Monthly Base Pay = $3000 = Tier 2 = 48 hours per year. FTE = .75, Academic Year = .75 FY09-10: 48 x .75 x .75 / 9 = 3 hrs/month pay reduction FY10-11: 48 x .75 x .75 / 12 = 2.25 hrs/month pay reduction

  23. How will unpaid leave days be scheduled? Leave will be scheduled and taken based on the operating requirements of the university. It is the responsibility of the supervisor to ensure all unpaid leave time off is taken. Employees and supervisors are encouraged to meet and discuss dates to be taken during each fiscal year. If mutual agreement cannot be reached, the supervisor will make the final determination of when leave will be taken. It is the responsibility of the manager to approve or deny a leave request within a reasonable amount of time.

  24. Can a furlough be scheduled in hourly increments? Employees are encouraged to schedule furlough (MULH) days in full-day increments. However, if requested by the employee and approved by the supervisor, mandatory unpaid time off may be scheduled in increments of less than a full day.

  25. How will I know how much time MULH I have taken and what time remains? Mandatory unpaid time off used and applicable reductions from salary will be reflected on employee’s pay stubs. Mandatory unpaid leave balances will also be made available to employees along with other leave balances.

  26. Will my unpaid time off be considered as time worked for seniority, holiday pay computations, vacation, sick leave and personal leave accrual, and employer insurance contributions? Can my supervisor require me to use mandatory unpaid leave on a holiday? No Yes

  27. Can I use vacation, sick, personal, comp or other paid leave or time accrued to replace mandatory unpaid time off? No Will mandatory unpaid time off count as a break in service and affect seniority or the timing of my step increases? No. Beginning Oct. 1, 2010, Step Increases will resume on the employee’s same salary eligibility date.

  28. Will mandatory unpaid time off add to the length of my trial service period? No • Can I use mandatory unpaid time off if my college or department declares a Temporary Interruption of Work as defined in the collective bargaining agreement in Article 51? Yes

  29. If the campus is closed due to inclement weather or hazardous conditions as provided in Article 63, Inclement Conditions, can unpaid leave hour(s) be counted as mandatory unpaid time off? Yes, subject to approval.

  30. I am a FLSA-exempt employee. How will mandatory unpaid time off affect me? Deductions from the pay of a FLSA-exempt employee, for absences due to mandatory unpaid time off, shall not disqualify the employee from being paid on a salary basis except in work weeks in which the mandatory unpaid time off occurs.

  31. Do FLSA-exempt employees take rest and meal periods during a furlough week and record hours worked on their timesheet? Yes. An otherwise exempt employee becomes non-exempt during a furlough week, thus are subject to the same wage and hour laws that apply to non-exempt employees. As always, these employees must take at least one 30-minute meal period and, at a minimum, two 15-minute rest periods during a normal eight-hour workday. Exempt employees are expected to record hours worked during the week that unpaid leave is taken on their timesheet.

  32. Can I make up for the mandatory unpaid time off by working overtime that week? Employees will not be scheduled for overtime during weeks when she/he is scheduled for mandatory unpaid leave time. If operating requirements require the employee to work overtime in the same week, the authorization for overtime will be given to the employee in writing. The employee may also request in writing to reschedule the mandatory unpaid leave day.

  33. Must employees on Oregon Family Leave or Federal Family Medical Leave (FMLA/OFLA) record furlough time? Yes. While using accrued leave balances during FMLA and/or OFLA leave, an employee records unpaid leave.

  34. Does an employee get to use accrued leave on a furlough day to make up the difference between their regular salary and Workers’ Compensation payment for time loss? No. An employee may not use accrued leave on a furlough day to make up the difference between the workers’ compensation rate for time loss and their regular salary.

  35. Can I be required to work on a furlough day? No. If operational requirements make it necessary for an employee to work on a previously scheduled furlough day that will be a paid day and the furlough day will be rescheduled.

  36. Are trial service employees required to take furlough days? Yes. Although a furlough day does not add to the length of the trial service furlough days may be scheduled during trial service.

  37. Are intermittent employees MULH hours handled differently than regular staff? Yes. Since intermittent employees have – by definition – no regular or routine schedule of hours it is impractical to attempt to equalize their reduction month-to-month. They will be managed under the alternate opt-out rule and their MULH would be handled as “unscheduled”.

  38. Since the new contractwill be retroactive to October 1, 2009, will unpaid time taken between October 1 and the ratification date be counted as MULH? Yes, if an employee has taken unpaid time during the month of October, even prior to ratification, the time may be counted toward the MULH calculation.

  39. Can one SEIU member offer to take more MULH so that another may take less? No, there is no provision in the agreement for substitution or “donation” of MULH.

  40. Will new employees hired between October 1, 2009 and June 1, 2011, be subject to MULH? Yes. The number of MULH would be pro-rated based on date of hire.

  41. Will a promotion or reclassification impact the number of MULH? Potentially. If a reclassification or promotion moves an employee into a higher base pay tier the number of MULH will be recalculated and pro-rated based on months remaining in the fiscal year, etc.

  42. Are those staff who are either partially or fully funded through grants subject to MULH? Yes, the LOA’s for MULH and the pay freeze apply to all SEIU classified employees.

  43. Once an employee’s furlough obligation is calculated (based on their 6/30/09 salary), will that remain the same for the biennium, even if they receive a step increase after the freeze is lifted that moves them to the next furlough tier? No. If via step increase, reclassification, or promotion an individual employee advances to a higher tier for unpaid time off, their MULD would be recalculated and prorated for each FY in the biennium.

  44. Will overtime over 8 hours a day be paid during a week a furlough day is taken? Can I be asked to take a furlough day during the normal work week, then required to work a day on the weekend at straight time? We are following the OT rules as specified in Article 25; they were not altered from the previous contract. The LOA regarding Mandatory Unpaid Time, specifically Item #15, addresses OT. Staff typically would not be asked to work OT during a week when MULT is taken. If it is necessary due to unanticipated operational issues there language in Item #15 provides for staff options.

  45. Summary • All changes effective 10/1/09 • Begin planning to schedule MULD beginning the week of Oct. 18 • Prepare information sharing and planning opportunities with staff • If staff choose to “Opt Out” complete the form and forward to Joan Walker, preferable electronically at jwalker@uoregon.edu

  46. The End QUESTIONS?

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