Mediation Update for July 1, 2025
Welcome to our first day with an expired contract! For more information about what that means, see this blog post from earlier today.
Thank you to everyone who was able to attend our rally last Friday. Hundreds of attendees from every union at OHSU stood together to tell management that we’re united in a way that they can’t ignore. We are watching each other's contract campaigns in a way we never have before and it’s clear to us that our wins are their wins and their wins are ours. The rising tide lifts all boats.
We did not meet with the mediator today, but both teams brought a significant number of proposals to the table. There was movement on both sides and we’re working hard to get as many things wrapped up as we can so that we can focus on the issues where we’re farthest apart.
Our biggest wins of the day:
OHSU agreed to standardize grievance timelines to 21 days for each step. This will make our stewards’ jobs much easier and lead to better results for our members.
OHSU backed down on their requirement to have relief employees actually work 4 shifts per pay period (current contract language is to be available for 4 shifts).
The biggest point of frustration was OHSU cutting language because our CWE doesn’t have the staff to support a new program. We’re well aware they don’t have the staffing for it, which is why we also proposed a new position be added to support this work. This was very frustrating as we were very explicit about these being linked when we initially passed the proposal.
AFSCME Counters:
5.5 Consensus: This article lays out what articles can be amended through a workplace consensus agreement and the process for making those changes. We agreed to a significant portion of management’s language that sought to clarify the process. OHSU wanted to add a requirement that at least 3 employees be part of the ad-hoc committee to add a consensus agreement, but we rejected that as we don’t want to limit smaller departments from being able to create agreements. We also made small tweaks like sending the agreements to Labor Relations rather than Human Resources and leaving an option to waive the 30 days’ notice when a consensus agreement is found to be invalid and needs to be rescinded. Our most substantive change was to remove the option for management to ratify the agreement unilaterally.
5.46 Work Unit: Management had previously withdrawn their proposal, but we found value in clarifying this definition. We passed our previous version of the proposal and had a discussion with management about what we are hoping to accomplish.
5.X Intimidation of a Steward: AFSCME withdrew this as it was added to support language that has since been dropped. It’s also already illegal under Oregon and national labor law.
6.6.3 Failure to Reach an Agreement: Resubmitted our previous language. After discussions both today and the last time this was passed, management has a better idea of what we’re asking for and why. This language addresses what to do when an employee has been assigned additional work and can’t come to an agreement with management on how to distribute that work.
6.14 Performance Evaluation: Passed back a similar proposal to the last version, only crossing out some of the language both teams have described as “aspirational.”
7.8, 10.2, 10.3, 10.4 On-Call Package: Submitted together for clarity, not because we’re demanding that OHSU take or leave all these changes together. OHSU previously rejected excessive and supplemental call because they acknowledge it’s working well elsewhere, but don’t have “an interest” in expanding it to the rest of the bargaining unit. We’ve added those back in.
7.8 On-Call: Agreed to OHSU’s request to move to current contract language.
10.2 On-Call Pay: Agreed to OHSU’s compromise to move from 1 hour’s pay per 6 hours of assigned on-call to 1 hour per 5 hours of on-call. Demanded that when working on a holiday as designated in 11.11, time spent on-call be compensated at 1 and ½ times the normal call rate.
Excessive call: Resubmitted our previous proposal.
10.2.1 Supplemental Call: Resubmitted our previous proposal.
10.2.2 Supplemental Call Plus: Resubmitted our previous proposal.
10.3 Work from Home While on Call: Resubmitted our previous proposal.
10.4 In-House Standby Compensation: Made it clear this will be on top of regular on-call pay and that all appropriate differentials will apply when someone is brought off of stand-by and works.
10.1 Shift Differential: We are pushing back on OHSU’s last proposal where they increased the minimum dollar amount, but not the full percentage. We’re not willing to accept one or the other.
Evening shift differential: Compromised to 8% (current contract language is 7% and we’d requested 9%) and kept the minimum pay of $1.75 from OHSU’s last counter (current contract language is $1.36).
Night shift differential: Compromised to 14% (current contract language is 12.5% and we’d requested 15.5%) and kept the minimum pay of $3 from OHSU’s last counter (current contract language is $2.65).
10.5 Lead Work: Current contract language says that leads are paid when they perform the duties assigned for at least 4 consecutive hours. We’re requesting that be 2, potentially non-consecutive hours. During joint session last week, we were able to help OHSU better understand why we needed language that lets someone perform these duties when no supervisor is available to assign them. OHSU wants to be sure people reach out to appropriate leadership and we helped them see that this isn’t always feasible. We’ve added language that we hope addresses both parties concerns:
“If the employee follows the escalation pathway and does not receive a response and the work is time sensitive or involves urgent, direct patient care and requires action prior to receiving that response, the work will have been deemed to have been assigned. If the work is not time sensitive and there’s no response within one (1) week, the work will have been deemed to have been assigned.”
10.10 Work Out of Classification: Also requested this be for 2 or more hours per shift instead of the current 4 and added the same language to this that we did 10.5 Lead Work regarding what to do when the work needs to be done but you can’t escalate to someone who can respond in a timely manner. We moved to the current contract language of 6 months on WOC assignments and added a provision to allow a single 3 month extension or someone needs to be reclassified to the higher-level position. We kept our demand that someone who has been found to have worked out of class after the fact receive a premium but compromised from 10% down to 5% (WOC minimum is 4%).
10.12 Preceptor Pay: We originally requested this go from $1 to $3. OHSU came up to $1.25 in their last proposal, so we’ve compromised to $2. We added back in our language making it explicit that if you’re doing work that is definitially precepting, you should be paid the differential whether your position is listed in this language or not. We also added Pharmacy Technicians back to the list after OHSU removed them in their last pass.
10.13 Float Differential: We dropped our proposed 10.13.1 to combine it with 10.13 so that it covers both individuals in the float pool department and those who float due to operational need. Current contract language is $1 per hour and we’d requested different rates for different situations ($6 for float pool and $8 for floating) and OHSU responded by raising this to $1.25. We’re proposing a single rate of $3 in this most recent counter.
OHSU Counters:
Scheduling Packaging: Management moved significantly, bringing us much closer to having a tentative agreement on this language. Below are the significant agreements and the places where we still have some distance between our positions.
5.33 Relief Employee: Removed requirement that relief employees actually work 4 shifts per pay period in exchange for more clarification. OHSU had wanted to change this to our relief employees’ detriment.
7.3.6 Change in reporting time: OHSU consolidated language about changes to shifts that are up to 1 hour and shift changes of 1 to 2 hours to a single entry for shifts that are changed 2 hours or less. The minimum reporting time without penalty changed from 12 hours to 24 hours. Held the reporting time for changes that are more than 2 hours at 5 days (we had proposed 7).
7.5 Availability of Additional Work after the Schedule is Posted (including overtime): They were okay with most of our language. OHSU clarified their position on how to handle a situation where someone has vacation or comp time scheduled during the same week they’ve taken additional shifts. Their intention is that someone who accepts additional shifts and takes time off not go into overtime and those additional hours be taken as unpaid time. The contract prioritizes shifts for people who are not going into overtime over people that are, which complicates the seniority order when people are taking shifts and using accruals that would place them into OT. We had a good discussion about the nuance of the issues this language brings up that helped us have a clearer vision of how to come to agreement.
7.5.1 Shifts becoming available more than 7 days before the shift: We have passed this back and forth changing the amount of time it applies to. They want to keep it at 7 days after we’d attempted to lower it to 24 hours. They expressed that they wanted it to be a simpler cut-off: Less than 7 days would be first come, first served and anything more than that would be based on seniority. They also increased the amount of time the most senior employee has to claim this additional work from 15 to 30 minutes. After that, it would go to the first employee who requests the work.
7.5.3 Overtime Limitations: They agreed to language about the health and safety of patients, animals, and employees when granting overtime. They are holding on the limitation on working more than 16 hours being continuous hours.
7.5.5 Mandatory Assignments of Overtime Work: Agreed to our additions if our originally proposed “and/or” is also added, giving the employer and workers more options.
Rejected our language about mandatory overtime being paid at the overtime rate plus the highest Additional Needs Incentive (ANI) rate that was offered because they proposed only having one ANI rate.
Compromised on the amount of time that can be assigned as mandatory overtime when the need arises within 2 hours of the end of an employee’s shift. Current contract language is 4 hours. We’d proposed 1 hour and they’ve come back with 2.
We added language that guarantees that an employee who is held over won’t be subject to parking fees. They agreed in concept but feel it’s covered under 26.3. Management seemed amenable to adding a reference to 26.3 instead.
6.16 Access to Pager/Communication Systems and Equipment: OHSU agreed with employees not using personal devices but want a carve-out for emergency situations. They are okay with most of our language around what to do when a device needs to be handed off, but compromised that it needs to be on paid time. We asked about how that would work with salary employees. They agreed that needs to be addressed.
6.16.1 Replacement of Non-shared OHSU Issued Devices: They cut this language because they do not intend to use individually assigned devices going forward.
8.7.3 Written Request for Market-Based Review or New Classification Request: OHSU rejected this because they believe it’s covered in 21.2 and this overcomplicates the issue.
18.2 Selection Process and Priority to Internal Candidates: OHSU does not want to remove any internal references. They added a clarification that any additional background checks referenced here wouldn’t include drug screenings as defined under MOU 1. We clarified that our biggest concern is that we have seen many cases where an employee’s immediate supervisor either causes problems to keep them from being able to move to a new position or makes their work life more stressful because they know they want to leave. There is an OHSU policy that states an employee can’t move without a positive review from their current supervisor that isn’t in our contract and we’re very concerned about. We offered to supply management with examples and they seemed open to a counter-offer that better articulates our concerns.
Labor Management Committee (LMC) Package: This was probably the source of our team’s greatest frustration today.
28.2 Composition: They agreed to our increase of paid time to do the LMC’s work.
28.3.1 Labor Management Committee (LMC:) Added that members may be trained in labor management committees.
28.3.2 OHSU/AFSCME Career and Workplace Enhancement Center (CWE):
OHSU cut language to add unit level labor management development and support so that employees can learn how to form and run LMCs as union staff and Labor Relations aren’t able to keep up with overall demand. They said this is because they reached out to CWE and they “don’t have the staff.” We are well aware they don’t have the staff for this, which is why we also have a proposal to add another position at the CWE. We were explicit about this when we passed the language together.
OHSU tweaked language that will give leaders who manage AFSCME employees priority over other OHSU employees who aren’t in AFSCME and don’t directly supervise our members.
They rejected language that would require OHSU to notify AFSCME when they offer a management-only class. We explained that we don’t mind if they train their managers, but not with our CWE money and at the expense of AFSCME members having access to their services. This felt like there was a lack of trust, which OHSU stated was not intentional.
Grievance Package: OHSU stated that, “We’re getting pretty close.” Much of our language was agreed to, so we’ll summarize the big wins and differences below:
24.1.3 Union Representation: OHSU wants to be sure they can talk about work issues with an employee who has filed a grievance but not the grievance. For example, a grievance on scheduling doesn’t mean they can’t talk about scheduling. We stated that the language feels superfluous, but our intent is in alignment. They may give us an amended version of this article.
24.1.4 Grievances on Specific Matters: They are okay with our concept, but tweaked who would be contacted at each step.
Verbal Warnings: We had requested verbal warnings be automatically removed from an employee’s file after 1 year since they’re no longer valid. OHSU cut that language since the right to have a verbal warning removed exists elsewhere in the contract. We explained that this is often insufficient because it has to be requested. This is especially difficult for our employees for whom English isn’t their first language. OHSU holds that automatically removing verbal warnings after a year is “administratively difficult” but invited us to counter with language that works within their limitations.
24.1.5 Grievance Steps:
OHSU has agreed to align all deadlines for grievances to be 21 days. This is our biggest win of the day. Grievance deadlines have always been difficult to track, so this will make our stewards’ jobs easier and will lead to much better results for our members. They described this language as being something they were “reluctantly willing” to accept.
OHSU is not open to our concept of grievances being “won” if management doesn’t respond in a timely manner. This was our second attempt at passing this language, clarifying that solutions would be taken to arbitration if they are outside the scope of what OHSU sees as reasonable. We responded that what we’re trying to do is avoid having to resolve these with unfair labor practices. After some discussion, OHSU invited us to offer another creative solution.This is language a few unions on the east coast have won, but this would be precedent-setting for the west coast.
Step 2: OHSU prefers to rely on labor law with request for information deadlines and rejected our language allowing for a single extension of deadlines.
24.2 Arbitration: OHSU agreed to our increase the deadline to submit a grievance to arbitration from 45 to 90 days. This gives sufficient time that a case can be thoroughly researched, brought to our executive board for approval, and members will have time to file an appeal if the board rejects their arbitration. This is a rare issue, but we don’t want anyone to lose access to their contractual rights due to deadlines outside of their direct control.
Tentative Agreement:
5.45 Unauthorized Absence: Our records indicate this has been passed to us at least once since we marked it as a tentative agreement. We passed this again to be sure it’s properly documented.
We’re working on our second bargaining survey and will have more news about that shortly. In the mean time, please keep up with updates here on the blog and wear your AFSCME green on Tuesdays (feel free to also wear it every other day of the week as well).
We may have difficulty getting our streaming up and running next week as our normal expert (Internal Communications Chair, Sean Bovett) won’t be available. It is our intention to provide that valuable resource the same way we have in the past, but please be patient if we have any technical issues.
We welcome your comments! Please be sure they follow our updated guidelines.