Bargaining Update #33

LDA(s): Limited Duration Appointment(s)

ICE: Immigration and Customs Enforcement

CBA: collective bargaining agreement

KSA: Knowledge, Skills, and Abilities (related to language and cultural premiums)

We had another full-caucus day on September 18th. You can sign up to observe our next bargaining session on October 2nd here.

County Proposals

This week the county presented us with a package, which did not include financials.  If you’re not familiar, a package means that if we do not accept all the articles as they presented them, they can go back to prior proposals. This is a common tactic in bargaining, and we have presented packages as well. Generally, the package comes with some concessions on things the other side wants while holding on to positions the presenter wants. The County made some concessions but fell short on some of the things we think are important.

Article 2: Definitions

• Limited Duration Appointments (LDAs)

• • • The County proposed allowing Limited Duration Appointments to last up to 3 years instead of the current 2 years.

• Initial Trial Service *** BIG WIN ALERT***

• • The County accepted our proposed language changing the duration of initial trial service from 1 year to 6 months. They also accepted that performance deficiencies observed within the first 3 months of hire should be identified and presented to the employee in writing so they know exactly what they need to work on in order to succeed the trial service period.
  • The County proposed that an employee who voluntarily transfers during their initial 6 month trial service period (including transferring to a different supervisor but retaining the same position) would have to serve an additional 6 month “initial” trial service period effective the date of transfer. The employee would not have a right to return to their previous position.

Article 10: Other Leaves

• Bereavement Leave ** BIG WIN ALERT***

• • • The County accepted our proposal that employees traveling over 350 miles from their home for purposes related to bereavement leave be granted up to five additional days with pay instead of three.

• Immigration and Citizenship Leave

• • • The County had already accepted our proposal to allow Catastrophic Leave donations to be used for Immigration and Citizenship needs, but we were in disagreement about the total amount of Catastrophic Leave that would be allowed for this purpose. The County has agreed that up to 80 hours of Catastrophic Leave may be requested for Immigration and Citizenship Leave purposes.
    • In our last proposal, we had included language that the County may request to view documentation supporting the need for Immigration and Citizenship Leave, but not to receive a copy of the documentation. Our intention was to limit the amount of documentation the County could have on-hand for an employee that could be subject to seizure by ICE. The County indicated that they had read our proposal differently and would have further discussion on this section.

• Trauma Leave

• • Labor Relations rejected our proposal for Trauma Leave again without offering any alternatives, despite acknowledging that this has been an issue brought forward for discussion many times over the last three years. 
  • Admin Leave is currently provided on a case-by-case basis as determined by the Chief Human Resources Officer (CHRO); the intention of our proposal for Trauma Leave is to standardize the process for an employee to receive paid admin leave after experiencing a qualifying traumatic event. Without outlining these standards in our contract, employees are disempowered to receive the support they may need and our Union is unable to grieve denials of paid admin leave.

Article 15: Job Profiles and Pay Ranges

• Seniority and Layoff ** BIG WIN ALERT***

• • • The County agreed that employees who separate from the County and return to the same job profile within twelve months will be placed on the step that is closest to but not below their rate of pay at the time of separation.

• Promotional Rate of Pay

• • • The County struck-out our language proposing that an employee who has requested a higher rate of pay and has the request denied may appeal the decision through the Grievance Procedure.

• Reclassification

• • The County denied our proposal to allow for retroactive wage increases up to twelve months prior to submission of the reclassification request instead of up to six months.

Article 24: Non-Discrimination

• When the County rejected our proposal for a new article addressing Diversity, Equity, and Inclusion we moved some of our language from the opening statement of that new article to the beginning of Article 24. The language we had proposed adding to Article 24 is as follows:

The Union and Multnomah County recognize that the County’s greatest asset is the diversity of its workforce and share a commitment to non-discrimination and to advancing anti-racism, diversity, equity, and inclusion (DEI) through intentional policies and practices. We consider diversity to be broad and inclusive of race, ethnicity, sex, culture, age, disability, sexual orientation, gender identity, veteran status, many other marginalized communities and their intersectional identities. The County shall willfully dismantle systemic barriers, center historically marginalized voices, and foster a workplace where all employees—particularly Black, Indigenous, and People of Color (BIPOC)—can thrive.

• The County proposed this language instead:

The Union and County are committed to providing employees with a workplace that is free of illegal bias, prejudice, discrimination, harassment or retaliatory conduct. The Union and County share a commitment to creating and maintaining an environment in which each person is respected and valued without regard to protected status.

• • Labor Relations cited concerns of retaliation from the federal administration if our contract calls out Diversity, Equity, and Inclusion efforts so directly. While we acknowledge the open hostility toward and intentional deconstruction of DEI efforts by the current federal administration, we feel strongly that our Union and Multnomah County shouldn’t backtrack from previously stated priorities out of fear. Multnomah County lists accountability, social and environmental justice, inclusively leading with race, equity and inclusion, and safety and well-being among their values. Speaking values into the world is just hot-air if we aren’t willing to stand behind them when things get hard.

• Microaggressions

• • • The County rejected our language specifying that microaggressions maintain a power imbalance between protected classes and a dominant culture or group.

• Protected Class Discrimination Procedure

• • The County denied our language proposing that denials of protected class complaints be subject to the grievance procedure. They proposed that these denials may be appealed to the Chief Human Resources Officer (CHRO).

Addendum B: Lead Premium

• The County accepted our language that would allow employees in a work group with no current lead assignment be able to request creation of a lead position, but they declined to have denials subject to the Grievance Procedure.  ** BIG WIN ALERT***
• The County agreed that our Union will be notified within 10 business days when a Lead position is eliminated.
• The County denied our proposal for all new lead worker premiums created to be at least 7%.
• The County denied our proposal to increase all lead premiums (excluding Facility Security Officers who currently receive a 12% premium) by 2%.
• The County did not propose any increase to lead premiums. 

Addendum E: Auto Reimbursement and Transit Subsidies

• The County proposed language stating that employees “choosing” to travel between County locations and field visits need to have that travel time approved in advance by a supervisor and completed on personal time. This adds an additional burden to employees not included in the MOA we recently ratified with the County regarding travel time.
• The County agreed to raise the base reimbursement for employees required to use a personal vehicle during work from fifty dollars ($50) to one-hundred dollars ($100) for full-time employees and from twenty-five dollars ($25) to fifty dollars ($50) for part-time employees. ** BIG WIN ALERT***

Addendum L: On-Call and Temps ** BIG WIN ALERT***

• The County accepted our proposal to increase the differential in-lieu of benefits from one dollar fifty ($1.50) to two dollars ($2) an hour.
• The County accepted our proposal to increase the Standby Operator stipend of on-call Bridge Operators from two-hundred dollars ($200) to three-hundred dollars ($300).

Addendum M: Jail Side Assignment Premium

• The County rejected our proposal to have the jail-side assignment premium apply to all employees who are assigned to work on the jail-side.

Addendum N: Shelter Staffing

• The County rejected our proposal to add the 20% shelter premium on top of any KSA premiums, stating that they spoke with “subject matter experts” who told them employees are not expected to utilize their language or culturally specific skills while volunteering at a shelter. This has not been the experience of our members who receive a language premium and volunteer at these shelter sites, and they need to be paid for the translation they provide in these settings.The County is taking that information back for further discussion.

The Big Mess

The County denied our package of articles and addendums addressing what our bargaining team colloquially refers to as “the Big Mess”. You can read an explanation of the Big Mess in our bargaining update from August 18th.  Articles 2, 15, and 22 and Addendums K and L contain the County’s proposed changes to various types of employment status.

Action Items & Upcoming Events

Pack the Room!

Thursday, October 2nd

PLEASE JOIN US! We are packing the board room for the County Commissioners board meeting at 9:30am on Thursday, October 2nd to share testimony on key sticking points and priorities of our negotiations. We have asked members to speak and we want them to feel the support and solidarity of our co-workers around them as they address the Board. The bargaining team will be in the lobby of the Multnomah Building at 8:30 am before the meeting with coffee and donuts for members! If you’re able to attend and would like to provide testimony or just stand in solidarity with our member speakers, please email us at bargaining@afscmelocal88.org; don’t forget to wear your AFSCME green!

Member Action Team Meeting

Monday, October 6th

Our virtual MAT meeting is from 6:30 – 7:30pm on Monday, October 6th. Join us to continue growing our power, engage members, and build for a strike in order to win a fair contract. Many of you have said that a 2.4% COLA is not acceptable, but being willing to take action is what it takes to win! Attending actions, showing up at the board room, and showing our member strength and solidarity is important! Going on strike is the ultimate tool in a Union’s kit for a fair contract, and being strike-ready is critical to our ability to hold-out against the County as we advocate for the issues of most importance to our members. We often see negotiations come together if there is a credible strike threat because the employer knows that Union solidarity is powerful and they can’t force us to take a deal that isn’t serving our members.  Having a well-informed membership that is prepared and ready to go on strike is critical to our negotiating power at the table. If you are interested in joining the MAT or getting more involved in our campaign for a fair contract, contact the MAT team here.  

Update your Profile Images and backgrounds: One simple way to show your support for the best possible contract is to change your virtual meeting backgrounds and profile images. You can find instructions and lots of beautiful images to use here!

Follow Us on Social Media: Stay up to date on all the latest news by following AFSCME Local 88 on our Instagram and Local 88 Facebook!

In Solidarity, 

Your Bargaining Team

Questions? Email us at bargaining@afscmelocal88.org