CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting out the work in question. The Employer agrees to notify the Union within one (1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than thirty (30) days notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities. Section 2. The Employer shall evaluate the Union’s alternate proposal provided under Section 1. If the Employer’s evaluation of the Union’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal. Section 3. Should any full-time bargaining unit member become displaced as a result of contracting out, the Employer and the Union shall meet to discuss the effect on bargaining unit members. The Employer’s obligation to discuss the effect of such contracting does not obligate it to secure the agreement of the Union or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact.
Appears in 30 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, if the work can be done by Agency workers for a lower cost with equal benefits and there is the expertise and FTE, the work will stay within the Agency. When the contract exceeds sixty thousand dollars ($60,000) annually or when the contracting contracting-out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting contracting-out the work in question. The Employer agrees Agencies shall either use the form in Appendix H or another form, provided there is no substantive changes to notify the information contained in Sections F-K of the form in Appendix H. Agencies shall send all feasibility studies conducted under Article 13 directly to SEIU Local 503, OPEU Headquarters.
Section 2. Upon request, but no more than quarterly, Agencies shall provide the Union within one (1) week of its decision with a report identifying contracts awarded to conduct a formal feasibility studyany group, indicating the job classifications and work areas affectedindividual, organization or business enterprise that could be appropriately performed by bargaining unit members.
Section 3. The Employer shall provide the Union with no less than thirty (30) days days’ notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. The Employer will count eighty percent (80%) of the affected employee’s straight- time rate when comparing the proposals. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), and (2279A.010(1)(f) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. The Employer shall evaluate the Union’s alternate proposal provided under Section 1. If the Employer’s evaluation of the Union’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal.
Section 3. Should any full-time bargaining unit member become displaced as a result of contracting out, the Employer and the Union shall meet to discuss the effect on bargaining unit members. The Employer’s obligation to discuss the effect of such contracting does not obligate it to secure the agreement of the Union or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact.and
Appears in 20 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting out the work in question. The Employer Agency agrees to notify the Union within one (1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer Agency shall provide the Union with no less than thirty (30) days notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer Agency shall not request any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The Employer will count eighty percent (80%) of the affected employee’s straight-time wage rate when comparing the two (2) plans. The notification by the Employer Agency to the Union of the results of the feasibility study will include all pertinent information upon which the Employer Agency based its decision to contract out the work including, but not limited to, the total cost savings the Employer Agency anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. The Employer Agency shall evaluate the Union’s alternate proposal provided under Section 1. If the EmployerAgency’s evaluation of the Union’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal.
Section 3. Should any full-time bargaining unit member become displaced as a result of contracting out, the Employer and the Union shall meet to discuss the effect on bargaining unit members. The Employer’s obligation to discuss the effect of such contracting does not obligate it to secure the agreement of the Union or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact.
Appears in 6 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting out the work in question. The Employer agrees to notify the Union within one (1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than thirty (30) days notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. The Employer shall evaluate the Union’s alternate proposal provided under Section Section
1. If the Employer’s evaluation of the Union’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal.
Section 3. Should any full-time bargaining unit member become displaced as a result of contracting out, the Employer and the Union shall meet to discuss the effect on bargaining unit members. The Employer’s obligation to discuss the effect of such contracting does not obligate it to secure the agreement of the Union or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact.
Appears in 6 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting out the work in question. The Employer agrees to notify the Union within one (1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than thirty (30) days notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. The Employer will count eighty (80%) percent of the affected employee’s straight-time wage rate when comparing the two (2) plans. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. The Employer shall evaluate the Union’s alternate proposal provided under Section 1. If the Employer’s evaluation of the Union’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal.
Section 3. Should any full-time bargaining unit member become displaced as a result of contracting out, the Employer and the Union shall meet to discuss the effect on bargaining unit members. The Employer’s obligation to discuss the effect of such contracting does not obligate it to secure the agreement of the Union or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact.
Appears in 6 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, if the work can be done by Agency workers for a lower cost with equal benefits and there is the expertise and FTE, the work will stay within the Agency. When the contract exceeds sixty thousand dollars ($60,000) annually or when the contracting contracting-out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting contracting-out the work in question. The Employer agrees Agencies shall either use the form in Appendix H or another form, provided there is no substantive changes to notify the information contained in Sections F-K of the form in Appendix H. Agencies shall send all feasibility studies conducted under Article 13 directly to SEIU Local 503, OPEU Headquarters.
Section 2. Upon request, but no more than quarterly, Agencies shall provide the Union within one (1) week of its decision with a report identifying contracts awarded to conduct a formal feasibility studyany group, indicating the job classifications and work areas affectedindividual, organization or business enterprise that could be appropriately performed by bargaining unit members.
Section 3. The Employer shall provide the Union with no less than thirty (30) days days’ notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. The Employer will count eighty percent (80%) of the affected employee’s straight-time rate when comparing the proposals. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), and (2279A.010(1)(f) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. The Employer shall evaluate the Union’s alternate proposal provided under Section 1. If the Employer’s evaluation of the Union’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal.
Section 3. Should any full-time bargaining unit member become displaced as a result of contracting out, the Employer and the Union shall meet to discuss the effect on bargaining unit members. The Employer’s obligation to discuss the effect of such contracting does not obligate it to secure the agreement of the Union or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact.and
Appears in 6 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting contract exceeds thirty thousand dollars ($30,000) annually or when the contracting-out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting contracting-out the work in question. The Employer agrees to notify the Union within one (1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than thirty (30) days notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4279A.010(1)(f), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. The Employer shall evaluate If the Union’s alternate proposal provided under Section 1. If the Employer’s evaluation of the Union’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal.
Section 3. Should any full-time bargaining unit member become displaced as a result of contracting contracting-out, the Employer and the Union shall meet to discuss the effect on bargaining unit members. The Employer’s obligation to discuss the effect of such contracting does not obligate it to secure the agreement of the Union or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact. ―Displaced‖ as used in this Article means when the work an employee is performing is contracted to another entity outside state government and the employee is removed from his/her job.
Section 4. Once an Agency makes a decision to contract out, it will either:
(a) Require the contractor to hire employees displaced by the contract at the same rate of pay for a minimum of six (6) months subject only to ―just cause‖ terminations. In this instance, the State will continue to provide each such employee with six (6) months of health and dental insurance coverage through the Public Employee Benefits Board, if continuation of coverage under the Bargaining Unit Benefits Board is allowed by law and pertinent rules of eligibility. Pursuant to Article 70, Sections 10 through 12, an eligible employee shall be placed on the Agency layoff list and may, at the employee’s discretion, be placed on a secondary recall list for a period of two (2) years; or
(b) Place employees displaced by a contract elsewhere in state government in the following order of priority: within the Agency, within the department, or within state service generally. Salaries of employees placed in lower classifications will be red-circled. To the extent this Article conflicts with Article 45--Filling of Vacancies, this Article shall prevail.
(c) An employee may exercise all applicable rights under Article 70--Layoff, including prioritizing options (1), (2), (3) or (4), as described in Article 70 Section 2, if the employee finds option (a) or (b), as selected by the Employer, is unsatisfactory. The employee must select his/her Article 70 Section 2 options within five
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting out the work in question. The Employer agrees to notify the Union within one (1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than thirty (30) days notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. The Employer shall evaluate the Union’s alternate proposal provided under Section 1. If the Employer’s evaluation of the Union’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal.
Section 3. Should any full-time bargaining unit member become displaced as a result of contracting out, the Employer and the Union shall meet to discuss the effect on bargaining unit members. The Employer’s obligation to discuss the effect of such contracting does not obligate it to secure the agreement of the Union or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting out the work in question. The Employer agrees to notify the Union within one one
(1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than thirty (30) days notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. The Employer shall evaluate the Union’s alternate proposal provided under Section 1. If the Employer’s evaluation of the Union’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal.
Section 3. Should any full-time bargaining unit member become displaced as a result of contracting out, the Employer and the Union shall meet to discuss the effect on bargaining unit members. The Employer’s obligation to discuss the effect of on such contracting does not obligate it to secure the agreement of the Union or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact. “Displaced” as used in this Article means when the work an employee is performing
Section 4. Once an Agency makes a decision to contract out, the Agency will choose either
(a) or (b) below. The Agency will notify affected employees of the option selected. The Agency will post and provide to the Union, a list of service credits for employees in all potentially affected classifications within the Agency. Within five (5) business days of the notice, the affected employees will notify the Agency of acceptance of the Agency’s option or decision to exercise his/her rights under (c) below:
a. Require the contractor to hire employees displaced by the contract at the same rate of pay for a minimum of six (6) months subject only to “just cause” terminations. In this instance, the state will continue to provide such employee with six (6) months of health and dental insurance coverage through the Public Employee Benefits Board. Pursuant to Article 39 an eligible employee shall be placed on the Agency layoff list and may, at the employee’s discretion, be placed on a secondary recall list for a period of two (2) years; or
b. Place employees displaced by a contract elsewhere in state government in the following order of priority: within the Agency, within the department, or within state service generally. Salaries of employees placed in lower classifications will be red-circled. To the extent this Article conflicts with Article 34 (Filling of Vacancies), this Article shall prevail.
c. An employee may exercise all applicable rights under Article 39 (Layoff).
Section 5. The following provisions govern the administration of the requirement under this Article to conduct feasibility studies in cases of contracting out and will supplement the provisions included in the contract.
a. The Employer agrees that all AFSCME-represented state agencies will conduct a feasibility study in instances of contracting out work performed by bargaining unit employees when contracting out will result in displacement of bargaining unit employees.
b. The Parties agree that AFSCME-represented agencies will send directly to AFSCME’s Executive Director and to DAS CHRO Labor Relations Unit all future notices of intent to conduct a feasibility study pursuant to Section 1.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting out the work in question. The Employer agrees to notify the Union within one (1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than thirty (30) days days’ notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. The Employer shall evaluate the Union’s alternate proposal provided under Section 1. If the Employer’s evaluation of the Union’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal.
Section 3. Should any full-time bargaining unit member become displaced as a result of contracting out, the Employer and the Union shall meet to discuss the effect on bargaining unit members. The Employer’s obligation to discuss the effect of such contracting does not obligate it to secure the agreement of the Union or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting out the work in question. The Employer agrees to notify the Union within one (1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than thirty (30) days notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. The Employer shall evaluate the Union’s alternate proposal provided under Section 1. If the Employer’s evaluation of the Union’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal.
Section 3. Should any full-time bargaining unit member become displaced as a result of contracting out, the Employer and the Union shall meet to discuss the effect on bargaining unit members. The Employer’s obligation to discuss the effect of such contracting does not obligate it to secure the agreement of the Union or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact. ―Displaced‖ as used in this Article means when the work an employee is performing is contracted to another entity outside state government and the employee is removed from his/her job.
Section 4. Once an Agency makes a decision to contract out, the Agency will choose either (a) or
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting out the work in question. The Employer agrees to notify the Union within one one
(1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than thirty (30) days notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. The Employer shall evaluate the Union’s alternate proposal provided under Section 1. If the Employer’s evaluation of the Union’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal. is contracted to another entity outside state government and the employee is removed from their job.
Section 34. Should any full-time bargaining unit member become displaced as Once an Agency makes a result of contracting decision to contract out, the Agency will choose either
(a) or (b) below. The Agency will notify affected employees of the option selected. The Agency will post and provide to the Union, a list of service credits for employees in all potentially affected classifications within the Agency. Within five (5) business days of the notice, the affected employees will notify the Agency of acceptance of the Agency’s option or decision to exercise their rights under (c) below:
a. Require the contractor to hire employees displaced by the contract at the same rate of pay for a minimum of six (6) months subject only to “just cause” terminations. In this instance, the state will continue to provide such employee with six (6) months of health and dental insurance coverage through the Public Employee Benefits Board. Pursuant to Article 39 an eligible employee shall be placed on the Agency layoff list and may, at the employee’s discretion, be placed on a secondary recall list for a period of two (2) years; or
b. Place employees displaced by a contract elsewhere in state government in the following order of priority: within the Agency, within the department, or within state service generally. Salaries of employees placed in lower classifications will be red-circled. To the extent this Article conflicts with Article 34 (Filling of Vacancies), this Article shall prevail.
c. An employee may exercise all applicable rights under Article 39 (Layoff).
Section 5. The following provisions govern the administration of the requirement under this Article to conduct feasibility studies in cases of contracting out and will supplement the provisions included in the contract.
a. The Employer and the Union shall meet to discuss the effect on agrees that all AFSCME-represented state agencies will conduct a feasibility study in instances of contracting out work performed by bargaining unit members. employees when contracting out will result in displacement of bargaining unit employees.
b. The EmployerParties agree that AFSCME-represented agencies will send directly to AFSCME’s obligation Executive Director and to discuss the effect DAS CHRO Labor Relations Unit all future notices of such contracting does not obligate it intent to secure the agreement of the Union or conduct a feasibility study pursuant to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impactSection 1.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting out the work in question. The Employer agrees to notify the Union within one (1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than thirty (30) days notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. The Employer shall evaluate the Union’s alternate proposal provided under Section Section
1. If the Employer’s evaluation of the Union’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal.
Section 3. Should any full-time bargaining unit member become displaced as a result of contracting out, the Employer and the Union shall meet to discuss the effect on bargaining unit members. The Employer’s obligation to discuss the effect of such contracting does not obligate it to secure the agreement of the Union or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact. ―Displaced‖ as used in this Article means when the work an employee is performing is contracted to another entity outside state government and the employee is removed from his/her job.
Section 4. Once an Agency makes a decision to contract out, the Agency will choose either (A) or (B) below. The Agency will notify affected employees of the option selected. The Agency will post and provide to the Union, a list of service credits for employees in all potentially affected classifications within the Agency. Within five (5) business days of the notice, the affected employees will notify the Agency of acceptance of the Agency’s option or decision to exercise his/her rights under (c) below:
A) Require the contractor to hire employees displaced by the contract at the same rate of pay for a minimum of six (6) months subject only to ―just cause‖ terminations. In this instance, the state will continue to provide each such employee with six (6) months of health and dental insurance coverage through the Public Employee Benefits Board, if continuation of coverage under the Public Employees Benefits Board is allowed by law and pertinent rules of eligibility. Pursuant to Article 37, an eligible employee shall be placed on the Agency layoff list and may, at the employee’s discretion, be placed on a secondary recall list for a period of two (2) years; or
B) Place employees displaced by a contract elsewhere in state government in the following order of priority: within the Agency, within the department, or within state service generally. Salaries of employees placed in lower classifications will be red-circled. To the extent this Article conflicts with Article 36, Filling of Positions, this Article shall prevail.
C) An employee may exercise all applicable rights under Article 37, Layoff.
Section 5. The following provisions govern the administration of the requirement under this Article to conduct feasibility studies in cases of contracting out and will supplement the provisions included in the contract.
A) The Employer agrees that all AFSCME represented state agencies will conduct a feasibility study in instances of contracting out work performed by bargaining unit employees when contracting out will result in displacement of bargaining unit employees.
B) The Parties agree that AFSCME-represented agencies will send directly to AFSCME’s Executive Director and to DAS HRSD Labor Relations Unit all future notices of intent to conduct a feasibility study pursuant to Section 1.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
CONTRACTING OUT. Section 1. 21.1 The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting out the work in question. The Employer agrees to notify the Union within one (1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than thirty (30) days notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. 21.2 The Employer shall evaluate the Union’s alternate proposal provided under Section 1. If the Employer’s evaluation of the Union’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal.
Section 3. 21.3 Should any full-time bargaining unit member become displaced as a result of contracting out, the Employer and the Union shall meet to discuss the effect on bargaining unit members. The Employer’s obligation to discuss the effect of such contracting does not obligate it to secure the agreement of the Union or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting out the work in question. The Employer agrees to notify the Union within one (1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than thirty (30) days notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. The Employer shall evaluate the Union’s alternate proposal provided under Section 1. If the Employer’s evaluation of the Union’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal.
Section 3. Should any full-time bargaining unit member become displaced as a result of contracting out, the Employer and the Union shall meet to discuss the effect on bargaining unit members. The Employer’s obligation to discuss the effect of such contracting does not obligate it to secure the agreement of the Union or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact. ―Displaced‖ as used in this Article means when the work an employee is performing is contracted to another entity outside state government and the employee is removed from his/her job.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting out the work in question. The Employer agrees to notify the Union within one (1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than thirty (30) days notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. The Employer shall evaluate the Union’s alternate proposal provided under Section 1. If the Employer’s evaluation of the Union’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal.
Section 3. Should any full-time bargaining unit member become displaced as a result of contracting out, the Employer and the Union shall meet to discuss the effect on bargaining unit members. The Employer’s obligation to discuss the effect of such contracting does not obligate it to secure the agreement of the Union or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact. ―Displaced‖ as used in this Article means when the work an employee is performing is contracted to another entity outside state government and the employee is removed from his/her job.
Section 4. Once an Agency makes a decision to contract out, the Agency will choose either (a) or (b) below. The Agency will notify affected employees of the option selected. The Agency will post and provide to the Union, a list of service credits for employees in all potentially affected classifications within the Agency. Within five (5) business days of the notice, the affected employees will notify the Agency of acceptance of the Agency’s option or decision to exercise his/her rights under (c) below:
a. Require the contractor to hire employees displaced by the contract at the same rate of pay for a minimum of six (6) months subject only to ―just cause‖ terminations. In this instance, the state will continue to provide each such employee with six
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union Association recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting out the work in question. The Employer agrees to notify the Union Association within one (1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union Association with no less than thirty (30) days notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request any bids or proposals and the Union Association shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union Association of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. The Employer shall evaluate the UnionAssociation’s alternate proposal provided under Section 1. If the Employer’s evaluation of the UnionAssociation’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union Association proposal.
Section 3. Should any full-time bargaining unit member become displaced as a result of contracting out, the Employer and the Union Association shall meet to discuss the effect on bargaining unit members. The Employer’s obligation to discuss the effect of such contracting does not obligate it to secure the agreement of the Union Association or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, When the contract exceeds thirty thousand dollars ($30,000) annually or when the contracting contracting-out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting contracting-out the work in question. If the work can be done by Agency workers for a lower cost with equal benefits and there is the expertise and FTE, the work will stay within the Agency.
Section 2. Upon request, but no more than quarterly, Agencies shall provide the Union with a report identifying contracts awarded to any group, individual, organization or business enterprise that could be appropriately performed by bargaining unit members.
Section 3. The Employer agrees to notify the Union within one (1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than thirty (30) days days’ notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. The Employer will count eighty percent (80%) of the affected employee’s straight-time rate when comparing the proposals. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4279A.010(1)(f), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 24. The Employer shall evaluate If the Union’s alternate proposal provided under Section 1. If the Employer’s evaluation of the Union’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal.
Section 35. Should any full-time bargaining unit member become displaced as a result of contracting contracting-out, the Employer and the Union shall meet to discuss the effect on bargaining unit members. The Employer’s obligation to discuss the effect of such contracting does not obligate it to secure the agreement of the Union or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting out the work in question. The Employer agrees to notify the Union within one (1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than thirty (30) days notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. The Employer will count eighty (80%) percent of the affected employee’s straight- time wage rate when comparing the two (2) plans. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. The Employer shall evaluate the Union’s alternate proposal provided under Section Section
1. If the Employer’s evaluation of the Union’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal.
Section 3. Should any full-time bargaining unit member become displaced as a result of contracting out, the Employer and the Union shall meet to discuss the effect on bargaining unit members. The Employer’s obligation to discuss the effect of such contracting does not obligate it to secure the agreement of the Union or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact. ―Displaced‖ as used in this Article means when the work an employee is performing is contracted to another entity outside state government and the employee is removed from his/her job.
Section 4. Once an Agency makes a decision to contract out, the Agency will choose either (a) or (b) below. The Agency will notify affected employees of the option selected. The Agency will post and provide to the Union, a list of service credits for employees in all potentially affected classifications within the Agency. Within five (5) business days of the notice, the affected employees will notify the Agency of acceptance of the Agency’s option or decision to exercise his/her rights under (c) below:
a. Require the contractor to hire employees displaced by the contract at the same rate of pay for a minimum of six (6) months subject only to ―just cause‖ terminations. In this instance, the state will continue to provide each such employee with six (6) months of health and dental insurance coverage through the Public Employee Benefits Board, if continuation of coverage under the Public Employee Benefits Board is allowed by law and pertinent rules of eligibility. Pursuant to Article 18, an eligible employee shall be placed on the Agency layoff list and may, at the employee’s discretion, be placed on a secondary recall list for a period of two (2) years; or
b. Place employees displaced by a contract elsewhere in state government in the following order of priority: within the Agency, within the department, or within state service generally. Salaries of employees placed in lower classifications will be red-circled. To the extent this Article conflicts with Article 15 (Filling of Vacancies), this Article shall prevail.
c. An employee may exercise all applicable rights under Article 18 (Layoff).
Section 5. The following provisions govern the administration of the requirement under this Article to conduct feasibility studies in cases of contracting out and will supplement the provisions included in the contract.
a. The Employer agrees that all AFSCME represented state agencies will conduct a feasibility study in instances of contracting out work performed by bargaining unit employees when contracting out will result in displacement of bargaining unit employees.
b. The Parties agree that AFSCME-represented agencies will send directly to AFSCME’s Executive Director and to DAS HRSD Labor Relations Unit all future notices of intent to conduct a feasibility study pursuant to Section 1.
Appears in 1 contract
Sources: Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting out the work in question. The Employer agrees to notify the Union within one one
(1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than thirty (30) days notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. The Employer shall evaluate the Union’s alternate proposal provided under Section 1. If the Employer’s evaluation of the Union’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal.
Section 3. Should any full-time bargaining unit member become displaced as a result of contracting out, the Employer and the Union shall meet to discuss the effect on bargaining unit members. The Employer’s obligation to discuss the effect of such contracting does not obligate it to secure the agreement of the Union or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact.
Appears in 1 contract
Sources: Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting contract exceeds thirty thousand dollars ($30,000) annually or when the contracting-out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting contracting-out the work in question. The Employer agrees to notify the Union within one (1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than thirty (30) days notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4279A.010(1)(f), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. The Employer shall evaluate If the Union’s alternate proposal provided under Section 1. If the Employer’s evaluation of the Union’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal.
Section 3. Should any full-time bargaining unit member become displaced as a result of contracting contracting-out, the Employer and the Union shall meet to discuss the effect on bargaining unit members. The Employer’s obligation to discuss the effect of such contracting does not obligate it to secure the agreement of the Union or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact. ―Displaced‖ as used in this Article means when the work an employee is performing is contracted to another entity outside state government and the employee is removed from his/her job.
Section 4. Once an Agency makes a decision to contract out, it will either:
(a) Require the contractor to hire employees displaced by the contract at the same rate of pay for a minimum of six (6) months subject only to ―just cause‖ terminations. In this instance, the State will continue to provide each such employee with six (6) months of health and dental insurance coverage through the Public Employee Benefits Board, if continuation of coverage under the Bargaining Unit Benefits Board is allowed by law and pertinent rules of eligibility. Pursuant to Article 70, Sections 10 through 12, an eligible employee shall be placed on the Agency layoff list and may, at the employee’s discretion, be placed on a secondary recall list for a period of two (2) years; or
(b) Place employees displaced by a contract elsewhere in state government in the following order of priority: within the Agency, within the department, or within state service generally. Salaries of employees placed in lower classifications will be red-circled. To the extent this Article conflicts with Article 45--Filling of Vacancies, this Article shall prevail.
Appears in 1 contract
Sources: Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting out the work in question. The Employer agrees to notify the Union within one (1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than thirty (30) days notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. The Employer shall evaluate the Union’s alternate proposal provided under Section Section
1. If the Employer’s evaluation of the Union’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal.
Section 3. Should any full-time bargaining unit member become displaced as a result of contracting out, the Employer and the Union shall meet to discuss the effect on bargaining unit members. The Employer’s obligation to discuss the effect of such contracting does not obligate it to secure the agreement of the Union or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact.
Appears in 1 contract
Sources: Collective Bargaining Agreement
CONTRACTING OUT.
Section 1. 1 Feasibility Studies
a. The Union recognizes that the Employer has the management right, during right at all times to analyze its operation for the term purpose of this Agreement, to decide identifying cost–saving opportunities.
b. Decisions to contract out work performed by which would result in the layoff of bargaining unit members. However, when the contracting out will displace bargaining unit members, such decisions members shall be made only after the affected Agency agency has conducted a formal feasibility study determining the potential costs and other benefits which that would result from contracting out the work in question. The Employer employer agrees to notify the Union Association within one two (12) week weeks of its decision to conduct initiate a formal study, or, in the alternative, that it intends to review operational analyses for purposes of contracting out work. Such operating analyses shall constitute a feasibility study under this Article. As necessary, the Employer may request quotations or proposals from potential contractors as a part of a feasibility study, indicating . Notice to the Association shall include the job classifications classification and work areas affected.
c. Notification by the Employer to the Association of the results of the feasibility study will include all pertinent statistical and analytical information which the Employer will consider in making its decision regarding contracting out the work, including but not limited to the total cost savings the Employer anticipates.
d. The Employer shall notify the Association of its final decision regarding contracting out. The If the Employer decides to contract out and such contracting out will directly result in the layoff of bargaining unit members, the Employer shall provide the Union Association with no less than thirty (30) days notice that it intends to contract out the work. The Association may then request bids or proposals bargaining with employer, and may at its discretion submit an alternate plan that is to include potential costs and benefits. If presented, the alternate plan will be given fair consideration by the Employer, provided the plan is submitted not more than twenty (20) days after the Association has received the notice of intent to contract out bargaining unit work where the decision would result in displacement of bargaining unit membersout. During this the thirty (30) day notice period, the Employer shall not request any bids or proposals and the Union Association shall have the opportunity to submit an alternate proposal. The notification by discuss the Employer to the Union placement of the results of affected members.
e. No bargaining unit members shall be laid off and their work contracted out unless the feasibility study will include all pertinent information upon which shows that contracting out would cost the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunitiesless.
Section 2. The Employer shall evaluate the Union’s alternate proposal provided under Section 1. If the Employer’s evaluation of the Union’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal.
Section 3. Should any full-time bargaining unit member become displaced as a result of contracting out, the Employer and the Union shall meet to discuss the effect on bargaining unit members. The Employer’s obligation to discuss the effect of such contracting does not obligate it to secure the agreement of the Union or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact.
Appears in 1 contract
Sources: Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting out the work in question. The Employer agrees to notify the Union within one (1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than thirty (30) days notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. The Employer shall evaluate the Union’s alternate proposal provided under Section 1. If the Employer’s evaluation of the Union’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal.
Section 3. Should any full-time bargaining unit member become displaced as a result of contracting out, the Employer and the Union shall meet to discuss the effect on bargaining unit members. The Employer’s obligation to discuss the effect of such contracting does not obligate it to secure the agreement of the Union or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact. ―Displaced‖ as used in this Article means when the work an employee is performing is contracted to another entity outside state government and the employee is removed from his/her job.
Section 4. Once an Agency makes a decision to contract out, the Agency will choose either (a) or (b) below. The Agency will notify affected employees of the option selected. The Agency will post and provide to the Union, a list of service credits for employees in all potentially affected classifications within the Agency. Within five (5) business days of the notice, the affected employees will notify the Agency of acceptance of the Agency’s option or decision to exercise his/her rights under (c) below:
A. Require the contractor to hire employees displaced by the contract at the same rate of pay for a minimum of six (6) months subject only to ―just cause‖ terminations. In this instance, the state will continue to provide each such employee with six (6) months of health and dental insurance coverage through the Public Employee Benefits Board, if continuation of coverage under the Bargaining Unit Benefits Board is allowed by law and
B. Place employees displaced by a contract elsewhere in state government in the following order of priority: within the Agency, within the department, or within state service generally. Salaries of employees placed in lower classifications will be red-circled. To the extent this Article conflicts with Article 8, Filling of Vacancies, this Article shall prevail.
C. An employee may exercise all applicable rights under Article 16
Appears in 1 contract
Sources: Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting out the work in question. The Employer agrees to notify the Union within one (1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than thirty (30) days notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. The Employer shall evaluate the Union’s Union‘s alternate proposal provided under Section Section
1. If the Employer’s Employer‘s evaluation of the Union’s Union‘s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal.
Section 3. Should any full-time bargaining unit member become displaced as a result of contracting out, the Employer and the Union shall meet to discuss the effect on bargaining unit members. The Employer’s Employer‘s obligation to discuss the effect of such contracting does not obligate it to secure the agreement of the Union or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact. ―Displaced‖ as used in this Article means when the work an employee is performing is contracted to another entity outside state government and the employee is removed from his/her job.
Section 4. Once an Agency makes a decision to contract out, the Agency will choose either (a) or (b) below. The Agency will notify affected employees of the option selected. The Agency will post and provide to the Union, a list of service credits for employees in all potentially affected classifications within the Agency. Within five (5) business days of the notice, the affected employees will notify the Agency of acceptance of the Agency‘s option or decision to exercise his/her rights under (c) below:
a. Require the contractor to hire employees displaced by the contract at the same rate of pay for a minimum of six (6) months subject only to ―just cause‖ terminations. In this instance, the state will continue to provide each such employee with six (6) months of health and dental insurance coverage through the Public Employee Benefits Board, if continuation of coverage under the Bargaining Unit Benefits Board is allowed by law and pertinent rules of eligibility. Pursuant to Article 27, an eligible employee shall be placed on the Agency layoff list and may, at the employee‘s discretion, be placed on a secondary recall list for a period of two (2) years; or
b. Place employees displaced by a contract elsewhere in state government in the following order of priority: within the Agency, within the department, or within state service generally. Salaries of employees placed in lower classifications will be red-circled. To the extent this Article conflicts with Article 30, Filling of Vacancies, this Article shall prevail.
c. An employee may exercise all applicable rights under Article 27, Layoff.
Section 5. The following provisions govern the administration of the requirement under this Article to conduct feasibility studies in cases of contracting out and will supplement the provisions included in the contract.
a. The Employer agrees that all AFSCME-represented state agencies will conduct a feasibility study in instances of contracting out work performed by bargaining unit employees when contracting out will result in displacement of bargaining unit employees.
b. The Parties agree that AFSCME-represented agencies will send directly to AFSCME‘s Executive Director and to DAS HRSD Labor Relations Unit all future notices of intent to conduct a feasibility study pursuant to Section 1.
Appears in 1 contract
Sources: Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union Association recognizes that the Employer Agency has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting contracting-out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting contracting-out the work in question. The Employer Agency agrees to notify provide the Union within one (1) week of Association notice and opportunity to bargain pursuant to PECBA’s process for expedited bargaining per ORS 243.698. The Agency’s notice shall include its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than thirty (30) days notice affected that it intends to request bids or proposals to contract out bargaining unit work where the decision would could result in displacement of bargaining unit members. During this thirty (30) day periodShould the Association make a demand to bargain pursuant to ORS 243.698, the Employer Agency shall not request any bids or proposals and the Union Association shall have the opportunity to submit an alternate proposal. The notification by the Employer Agency to the Union Association of the results of the feasibility study will include all pertinent information upon which the Employer Agency based its decision to contract out the work including, but not limited to, the total cost savings the Employer Agency anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4279A.010(1)(f), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer Agency from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. The Employer Agency shall evaluate the UnionAssociation’s alternate proposal provided under Section 1. If the EmployerAgency’s evaluation of the UnionAssociation’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union Association proposal.
Section 3. Should any full-time bargaining unit member become displaced as a result of contracting contracting-out, the Employer Agency and the Union Association shall meet to discuss the effect on bargaining unit members. The EmployerAgency’s obligation to discuss the effect of such contracting does not obligate it to secure the agreement of the Union Association or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact.
Appears in 1 contract
Sources: Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting out the work in question. The Employer agrees to notify the Union within one (1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than thirty (30) days notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. The Employer shall evaluate the Union’s Union‘s alternate proposal provided under Section Section
1. If the Employer’s Employer‘s evaluation of the Union’s Union‘s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal.
Section 3. Should any full-time bargaining unit member become displaced as a result of contracting out, the Employer and the Union shall meet to discuss the effect on bargaining unit members. The Employer’s Employer‘s obligation to discuss the effect of such contracting does not obligate it to secure the agreement of the Union or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact. ―Displaced‖ as used in this Article means when the work an employee is performing is contracted to another entity outside state government and the employee is removed from his/her job.
Appears in 1 contract
Sources: Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting out the work in question. The Employer agrees to notify the Union within one (1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than thirty (30) days notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. The Employer shall evaluate the Union’s alternate proposal provided under Section 1. If the Employer’s evaluation of the Union’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal.
Section 3. Should any full-time bargaining unit member become displaced as a result of contracting out, the Employer and the Union shall meet to discuss the effect on bargaining unit members. The Employer’s obligation to discuss the effect of on such contracting does not obligate it to secure the agreement of the Union or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact. ―Displaced‖ as used in this Article means when the work an employee is performing is contracted to another entity outside state government and the employee is removed from his/her job.
Section 4. Once an Agency makes a decision to contract out, the Agency will choose either
(a) or (b) below. The Agency will notify affected employees of the option selected. The Agency will post and provide to the Union, a list of service credits for employees in all potentially affected classifications within the Agency. Within five (5) business days of the notice, the affected employees will notify the Agency of acceptance of the Agency’s option or decision to exercise his/her rights under (c) below:
a. Require the contractor to hire employees displaced by the contract at the same rate of pay for a minimum of six (6) months subject only to ―just cause‖ terminations. In this instance, the state will continue to provide such employee with six
Appears in 1 contract
Sources: Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting out the work in question. The Employer Agency agrees to notify the Union within one (1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer Agency shall provide the Union with no less than thirty (30) days notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer Agency shall not request any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The Employer will count eighty percent (80%) of the affected employee's straight-time wage rate when comparing the two (2) plans. The notification by the Employer Agency to the Union of the results of the feasibility study will include all pertinent information upon which the Employer Agency based its decision to contract out the work including, but not limited to, the total cost savings the Employer Agency anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. The Employer Agency shall evaluate the Union’s 's alternate proposal provided under Section Section
1. If the Employer’s Agency's evaluation of the Union’s 's alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal.
Section 3. Should any full-time bargaining unit member become displaced as a result of contracting out, the Employer and the Union shall meet to discuss the effect on bargaining unit members. The Employer’s 's obligation to discuss the effect of such contracting does not obligate it to secure the agreement of the Union or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact.
Appears in 1 contract
Sources: Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting out the work in question. The Employer agrees to consult and negotiate openly and fully with the Union for proposed actions taken under OMB Circular A-76 to study contracting out of existing functions that include bargaining unit employees. The Employer also will notify the Union when a function within one (1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than thirty (30) days notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request any bids is identified and approved for cost comparison or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract direct conversion contracting-out the work including, but not limited to, the total cost savings the Employer anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunitiesstudy.
Section 2. The Employer shall evaluate the Union’s alternate proposal provided under Section 1. If the Employer’s evaluation of the Union’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement provide the Union proposalcopies of pertinent information concerning contracting-out studies as such information is approved for release under governing directives. This information will include the invitation for bid (IFB) or request for proposal (RFP), abstract of bids, approved performance work statements (PWS) and changes thereto, certified wage rates, and cost studies if such cost studies are prepared. The Union will be given the opportunity to provide suggestions for Most Efficient Organization (MEO) and PWS. The Union President or designee shall be notified in advance of and shall be allowed to participate on committees or other meetings affecting Bargaining Unit Employees if consistent with ethics and conflict of interest requirements and other laws, rules, and regulations. The A-76 has its own appellate process and cannot be grieved.
Section 3. Should any fullIt is agreed that since it is to Management's advantage that the PWS during commercial reviews be as accurate as possible, the Union will be provided a copy and given the opportunity to review the statement for thoroughness. Comments must be provided within twenty-time five (25) calendar days after receipt and will be carefully considered by Management. It must be noted that this provision applies only to commercial activity affecting the bargaining unit member become displaced as a result of contracting out, unit.
Section 4. Periodic briefings will be held between the Employer and the Union shall meet to discuss provide the effect Union with information pursuant to OMB Circular A-76 and this Article, on matters which may adversely affect bargaining unit membersemployees. Such briefings will be held for the purpose of providing information concerning contracting out.
Section 5. Union representatives can acquire an understanding of the cost comparison process, through briefings or discussions with the function OPR, servicing CPO, and/or manpower and organization office at the installation. Where local formal training concerning contracting-out is provided regarding conditions that affect the bargaining unit, at least two Union representatives will be afforded the opportunity to attend. When other training concerning contracting out is provided a Union representative(s) may be afforded the opportunity to attend at Management’s discretion. Union representatives participating in the cost comparison process must attend ethics training from the servicing staff judge advocate and must ensure they are in compliance with the Joint Ethics Regulation (▇▇▇▇ 5500.7-R).
Section 6. The Employer’s obligation Employer retains the right to discuss the effect of such make determinations with respect to contracting does not obligate it to secure the agreement out as provided in Section 7106 of the Civil Service Reform Act. The Union or will be advised of contracting out decisions which will have an impact on the unit employees. The impact and implementation of these contracting out decisions will be negotiated at the request of the Union.
Section 7. When Employees are adversely affected by a decision to exhaust contract out, the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impactEmployer will make maximum effort to find available positions for Employees.
Appears in 1 contract
Sources: Negotiated Agreement
CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting out the work in question. The Employer agrees to notify the Union within one (1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than thirty (30) days notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), 279A.010(1)(f) and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. The Employer shall evaluate the Union’s alternate proposal provided under Section 1. If the Employer’s evaluation of the Union’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal.
Section 3. Should any full-time bargaining unit member become displaced as a result of contracting out, the Employer and the Union shall meet to discuss the effect on bargaining unit members. The Employer’s obligation to discuss the effect of such contracting does not obligate it to secure the agreement of the Union or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact.
Appears in 1 contract
Sources: Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting contract exceeds thirty thousand dollars ($30,000) annually or when the contracting-out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting contracting-out the work in question. The Employer agrees to notify the Union within one (1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than thirty (30) days notice that it intends to request issue bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request release any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. The Employer shall evaluate If the Union’s alternate proposal provided under Section 1. If the Employer’s evaluation of the Union’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal.
Section 3. Should any full-time bargaining unit member become displaced as a result of contracting contracting-out, the Employer and the Union shall meet to discuss the effect on bargaining unit members. The Employer’s obligation to discuss the effect of such contracting does not obligate it to secure the agreement of the Union or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact.
Appears in 1 contract
Sources: Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting out the work in question. The Employer Agency agrees to notify the Union within one (1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer Agency shall provide the Union with no less than thirty (30) days notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer Agency shall not request any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer Agency to the Union of the results of the feasibility study will include all pertinent information upon which the Employer Agency based its decision to contract out the work including, but not limited to, the total cost savings the Employer Agency anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. The Employer Agency shall evaluate the Union’s alternate proposal provided under Section 1. If the EmployerAgency’s evaluation of the Union’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal.
Section 3. Should any full-time bargaining unit member become displaced as a result of contracting out, the Employer and the Union shall meet to discuss the effect on bargaining unit members. The Employer’s obligation to discuss the effect of such contracting does not obligate it to secure the agreement of the Union or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact.
Appears in 1 contract
Sources: Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting out the work in question. The Employer agrees to notify the Union within one one
(1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than thirty (30) days notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. The Employer shall evaluate the Union’s alternate proposal provided under Section 1. If the Employer’s evaluation of the Union’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal. is contracted to another entity outside state government and the employee is removed from their job.
Section 34. Should any full-time bargaining unit member become displaced as Once an Agency makes a result of contracting decision to contract out, the Agency will choose either
(a) or (b) below. The Agency will notify affected employees of the option selected. The Agency will post and provide to the Union, a list of service credits for employees in all potentially affected classifications within the Agency. Within five (5) business days of the notice, the affected employees will notify the Agency of acceptance of the Agency’s option or decision to exercise their rights under (c) below:
a. Require the contractor to hire employees displaced by the contract at the same rate of pay for a minimum of six (6) months subject only to “just cause” terminations. In this instance, the state will continue to provide such employee with six (6) months of health and dental insurance coverage through the Public Employee Benefits Board. Pursuant to Article 39 an eligible employee shall be placed on the Agency layoff list and may, at the employee’s discretion, be placed on a secondary recall list for a period of two (2) years; or
b. Place employees displaced by a contract elsewhere in state government in the following order of priority: within the Agency, within the department, or within state service generally. Salaries of employees placed in lower classifications will be red-circled. To the extent this Article conflicts with Article 34 (Filling of Vacancies), this Article shall prevail.
c. An employee may exercise all applicable rights under Article 39 (▇▇▇▇▇▇).
Section 5. The following provisions govern the administration of the requirement under this Article to conduct feasibility studies in cases of contracting out and will supplement the provisions included in the contract.
a. The Employer and the Union shall meet to discuss the effect on agrees that all AFSCME-represented state agencies will conduct a feasibility study in instances of contracting out work performed by bargaining unit members. employees when contracting out will result in displacement of bargaining unit employees.
b. The EmployerParties agree that AFSCME-represented agencies will send directly to AFSCME’s obligation Executive Director and to discuss the effect DAS CHRO Labor Relations Unit all future notices of such contracting does not obligate it intent to secure the agreement of the Union or conduct a feasibility study pursuant to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impactSection 1.
Appears in 1 contract
Sources: Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union Association recognizes that the Employer Agency has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting contracting-out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting contracting-out the work in question. The Employer Agency agrees to notify provide the Union within one (1) week of Association notice and opportunity to bargain pursuant to PECBA’s process for expedited bargaining per ORS 243.698. The Agency’s notice shall include its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than thirty (30) days notice affected that it intends to request bids or proposals to contract out bargaining unit work where the decision would could result in displacement of bargaining unit members. During this thirty (30) day periodShould the Association make a demand to bargain pursuant to ORS 243.698, the Employer Agency shall not request any bids or proposals and the Union Association shall have the opportunity to submit an alternate proposal. The notification by the Employer Agency to the Union Association of the results of the feasibility study will include all pertinent information upon which the Employer Agency based its decision to contract out the work including, but not limited to, the total cost savings the Employer Agency anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4279A.010(1)(f), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer Agency from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. The Employer Agency shall evaluate the UnionAssociation’s alternate proposal provided under Section 1. If the EmployerAgency’s evaluation of the UnionAssociation’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union Association proposal.
Section 3. Should any full-time bargaining unit member become displaced as a result of contracting contracting- out, the Employer Agency and the Union Association shall meet to discuss the effect on bargaining unit members. The EmployerAgency’s obligation to discuss the effect of such contracting does not obligate it to secure the agreement of the Union Association or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact.
Appears in 1 contract
Sources: Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting out the work in question. The Employer agrees to notify the Union within one (1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than thirty (30) days notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), 279A.010(1)(f) and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. The Employer shall evaluate the Union’s alternate proposal provided under Section 1. If the Employer’s evaluation of the Union’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal.
Section 3. Should any full-time bargaining unit member become displaced as a result of contracting out, the Employer and the Union shall meet to discuss the effect on bargaining unit members. The Employer’s obligation to discuss the effect of such contracting does not obligate it to secure the agreement of the Union or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact.
Appears in 1 contract
Sources: Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting out the work in question. The Employer agrees to notify the Union within one (1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than thirty (30) days notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. The Employer shall evaluate the Union’s alternate proposal provided under Section Section
1. If the Employer’s evaluation of the Union’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal.
Section 3. Should any full-time bargaining unit member become displaced as a result of contracting out, the Employer and the Union shall meet to discuss the effect on bargaining unit members. The Employer’s obligation to discuss the effect of such contracting does not obligate it to secure the agreement of the Union or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact. ―Displaced‖ as used in this Article means when the work an employee is performing is contracted to another entity outside state government and the employee is removed from his/her job.
Section 4. Once an Agency makes a decision to contract out, the Agency will choose either (a) or (b) below. The Agency will notify affected employees of the option selected. The Agency will post and provide to the Union, a list of service credits for employees in all potentially affected classifications within the Agency. Within five (5) business days of the notice, the affected employees will notify the Agency of acceptance of the Agency’s option or decision to exercise his/her rights under (c) below:
a. Require the contractor to hire employees displaced by the contract at the same rate of pay for a minimum of six (6) months subject only to ―just cause‖ terminations. In this instance, the state will continue to provide each such employee with six (6) months of health and dental insurance coverage through the Public Employee Benefits Board, if continuation of coverage under the Bargaining Unit Benefits Board is allowed by law and pertinent rules of eligibility. Pursuant to Article 47, an eligible employee shall be placed on the Agency layoff list and may, at the employee’s discretion, be placed on a secondary recall list for a period of two (2) years; or
b. Place employees displaced by a contract elsewhere in state government in the following order of priority: within the Agency, within the department, or within state service generally. Salaries of employees placed in lower classifications will be red- circled. To the extent this Article conflicts with Article 30, Filling of Vacancies, this Article shall prevail.
c. An employee may exercise all applicable rights under Article 47, Layoff.
Section 5. The following provisions govern the administration of the requirement under this Article to conduct feasibility studies in cases of contracting out and will supplement the provisions included in the contract.
a. The Employer agrees that all AFSCME represented state agencies will conduct a feasibility study in instances of contracting out work performed by bargaining unit employees when contracting out will result in displacement of bargaining unit employees.
b. The Parties agree that AFSCME-represented agencies will send directly to AFSCME’s Executive Director and to DAS HRSD Labor Relations Unit all future notices of intent to conduct a feasibility study pursuant to Section 1.
Appears in 1 contract
Sources: Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting out the work in question. The Employer agrees to notify the Union within one (1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than thirty (30) days notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. The Employer shall evaluate the Union’s alternate proposal provided under Section 1. If the Employer’s evaluation of the Union’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal.
Section 3. Should any full-time bargaining unit member become displaced as a result of contracting out, the Employer and the Union shall meet to discuss the effect on bargaining unit members. The Employer’s obligation to discuss the effect of on such contracting does not obligate it to secure the agreement of the Union or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact.
Appears in 1 contract
Sources: Collective Bargaining Agreement
CONTRACTING OUT. Section 1. 1 The Employer will give the Union recognizes that written notice of its intention to "contract out" any part of the Employer has work without a cost comparison study as far in advance as possible when the management right, during level of contracting out is likely to result in a reduction of the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting out the work in question. force.
Section 2 The Employer agrees to notify advise the Union within one (1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than at least thirty (30) days notice that it intends in advance, when feasible, of an A-76 study and to request bids or proposals to contract out keep the Union and affected bargaining unit work where the decision would result in displacement members informed at least on a quarterly basis of progress on any review of a function within a bargaining unit memberswhich is conducted under provisions of OMB Circular A-76. During this thirty (30) day period, the Employer shall not request any bids or proposals and the The Union shall have will be provided the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), and (2) either the work in question cannot be done by available attend any formal meeting with bargaining unit members concerning contracting out.
Section 3 If bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent are displaced due to a contracting out decision, The Employer will seek to minimize the Employer impact on such employees by exploring placement opportunities to supplement reduction-in-force procedures and mandatory offers from continually analyzing its operation for the purpose of identifying cost-saving opportunitiescontractor.
Section 2. 4 The Employer shall evaluate the Union’s alternate proposal provided under Section 1. If the Employer’s evaluation of the Union’s alternate proposal confirms that it would result in providing quality and savings equal will provide necessary training to or greater than that identified in the management plancareer employees who are reassigned, the Parties will agree in writing to implement the Union proposal.
Section 3. Should any full-time bargaining unit member become displaced as a result of contracting out, to positions for which they are not fully qualified.
Section 5 Upon announcing, and during the course of, an A-76 study within a bargaining unit, The Employer will provide the Union with appropriate non-confidential material, as it becomes available, such as: notice that a study is to be initiated, schedules or "milestone" charts, invitation for bid (IFB) or request for proposal (RFP), performance work statements (PWS), and applicable locality wage rates provided by the Department of Labor; plus other pertinent, no restricted information upon request by the union.
Section 6 The Employer will provide the opportunity for a Union representative to be present during the "walk-through" by bidder on any function undergoing an A-76 cost comparison study.
Section 7 The Employer and the Union shall meet recognize the "right of first refusal" which provides that the contractor will grant those Federal employees displaced by direct result of contract the right of first refusal of employment openings created by the contractor. This applies only to discuss the effect on bargaining unit members. The Employer’s obligation to discuss the effect of job openings for which such contracting displaced employees are qualified, and does not obligate it apply when such employees would otherwise be prohibited from such employment by the Government post-employment conflict of interest standards. Refusing the right of first refusal because of displacement due to secure contracting out shall not deny a unit employee of any rights he might otherwise have under applicable RIF procedures; however, such refusal may, in accordance with applicable law and regulation, affect the agreement of employee's entitlement to severance pay.
Section 8 Any dispute which could otherwise serve to delay or overturn a contracting out decision is not subject to the Union or negotiated grievance and arbitration procedure unless determined to exhaust be so by the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impactU.S. Supreme Court.
Appears in 1 contract
Sources: Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting out the work in question. The Employer agrees to notify the Union within one (1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than thirty (30) days notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. The Employer shall evaluate the Union’s alternate proposal provided under Section 1. If the Employer’s evaluation of the Union’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal.
Section 3. Should any full-time bargaining unit member become displaced as a result of contracting out, the Employer and the Union shall meet to discuss the effect on bargaining unit members. The Employer’s obligation to discuss the effect of such contracting does not obligate it to secure the agreement of the Union or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact.obligate
Appears in 1 contract
Sources: Collective Bargaining Agreement
CONTRACTING OUT. Section 1. 21.1 The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting out the work in question. The Employer agrees to notify the Union within one (1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than thirty (30) days notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. 21.2 The Employer shall evaluate the Union’s Union‘s alternate proposal provided under Section 1. If the Employer’s Employer‘s evaluation of the Union’s Union‘s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal.
Section 3. 21.3 Should any full-time bargaining unit member become displaced as a result of contracting out, the Employer and the Union shall meet to discuss the effect on bargaining unit members. The Employer’s Employer‘s obligation to discuss the effect of such contracting does not obligate it to secure the agreement of the Union or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact. ―Displaced‖ as used in this Article means when the work an employee is performing is contracted to another entity outside state government and the employee is removed from his/her job.
Section 21.4 Once an Agency makes a decision to contract out, the Agency will choose either (a) or (b) below. The Agency will notify affected employees of the option selected. The Agency will post and provide to the Union, a list of service credits for employees in all potentially affected classifications within the Agency. Within five (5) business days of the notice, the affected employees will notify the Agency of acceptance of the Agency‘s option or decision to exercise his/her rights under (c) below:
a. Require the contractor to hire employees displaced by the contract at the same rate of pay for a minimum of six (6) months subject only to ―just cause‖ terminations. In this instance, the state will continue to provide each such employee with six (6) months of health and dental insurance coverage through the Public Employee Benefits Board, if continuation of coverage under the Bargaining Unit Benefits Board is allowed by law and pertinent rules of eligibility. Pursuant to Article 22, an eligible employee shall be placed on the Agency layoff list and may, at the employee‘s discretion, be placed on a secondary recall list for a period of two (2) years; or
b. Place employees displaced by a contract elsewhere in state government in the following order of priority: within the Agency, within the department, or within state service generally. Salaries of employees placed in lower classifications will be red-circled. To the extent this Article conflicts with Article 16, Filling of Vacancies, this Article shall prevail.
c. An employee may exercise all applicable rights under Article 22, Layoff.
Section 21.5 The following provisions govern the administration of the requirement under this Article to conduct feasibility studies in cases of contracting out and will supplement the provisions included in the contract.
a. The Employer agrees that all AFSCME-represented state agencies will conduct a feasibility study in instances of contracting out work performed by bargaining unit employees when contracting out will result in displacement of bargaining unit employees.
b. The Parties agree that AFSCME-represented agencies will send directly to AFSCME‘s Executive Director and to DAS HRSD Labor Relations Unit all future notices of intent to conduct a feasibility study pursuant to Section 1.
Section 21.6 Upon request, the union may view state contracts deemed public records. The union will contact the agency manager responsible for procurement and contracts to arrange a time to review the contracts. The agency will let the union review any contracts that the agency itself stores, and are available through public records request. The union will contact the state archivist for older contracts under the public records law. The union may submit suggestions to the agency on agency initiated contracts as to how bargaining unit members could perform the work more efficiently (at reduced cost) and effectively (improved quality). The parties may discuss the union suggestions at their labor/management meetings and determine the most effective and efficient way to accomplish the work in the future for Agency initiated contracts. Decisions around reviewing of contracted work are not subject to the grievance procedure.
Appears in 1 contract
Sources: Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting out the work in question. The Employer agrees to notify the Union within one (1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than thirty (30) days notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4279.011(1)(f)), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. The Employer shall evaluate the Union’s alternate proposal provided under Section 1. If the Employer’s evaluation of the Union’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal.
Section 3. Should any full-time bargaining unit member become displaced as a result of contracting out, the Employer and the Union shall meet to discuss the effect on bargaining unit members. The Employer’s obligation to discuss the effect of such contracting does not obligate it to secure the agreement of the Union or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact.
Appears in 1 contract
Sources: Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting out the work in question. The Employer agrees to notify the Union within one (1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than thirty (30) days notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request any bids or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract out the work including, but not limited to, the total cost savings the Employer anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunities.
Section 2. The Employer shall evaluate the Union’s Union‘s alternate proposal provided under Section 1. If the Employer’s Employer‘s evaluation of the Union’s Union‘s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement the Union proposal.
Section 3. Should any full-time bargaining unit member become displaced as a result of contracting out, the Employer and the Union shall meet to discuss the effect on bargaining unit members. The Employer’s Employer‘s obligation to discuss the effect of such contracting does not obligate it to secure the agreement of the Union or to exhaust the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impact. ―Displaced‖ as used in this Article means when the work an employee is performing is contracted to another entity outside state government and the employee is removed from his/her job.
Section 4. Once an Agency makes a decision to contract out, the Agency will choose either
(a) or (b) below. The Agency will notify affected employees of the option selected. The Agency will post and provide to the Union, a list of service credits for employees in all potentially affected classifications within the Agency. Within five (5) business days of the notice, the affected employees will notify the Agency of acceptance of the Agency‘s option or decision to exercise his/her rights under (c) below:
A. Require the contractor to hire employees displaced by the contract at the same rate of pay for a minimum of six (6) months subject only to ―just cause‖ terminations. In this instance, the state will continue to provide each such employee with six (6) months of health and dental insurance coverage through the Public Employee Benefits Board, if continuation of coverage under the Bargaining Unit Benefits Board is allowed by law and pertinent rules of eligibility. Pursuant to Article 11, an eligible employee shall be placed on the Agency layoff list and may, at the employee‘s discretion, be placed on a secondary recall list for a period of two (2) years; or
B. Place employees displaced by a contract elsewhere in state government in the following order of priority: within the Agency, within the department, or within state service generally. Salaries of employees placed in lower classifications will be red-circled. To the extent this Article conflicts with Article 8, Filling of Vacancies, this Article shall prevail.
C. An employee may exercise all applicable rights under Article 11
Appears in 1 contract
Sources: Collective Bargaining Agreement
CONTRACTING OUT. Section 1. The Union recognizes that the Employer has the management right, during the term of this Agreement, to decide to contract out work performed by bargaining unit members. However, when the contracting out will displace bargaining unit members, such decisions shall be made only after the affected Agency has conducted a formal feasibility study determining the potential costs and other benefits which would result from contracting out the work in question. The Employer agrees to consult and negotiate openly and fully with the Union for proposed actions taken under OMB Circular A-76 to study contracting out of existing functions that include bargaining unit employees. The Employer also will notify the Union when a function within one (1) week of its decision to conduct a formal feasibility study, indicating the job classifications and work areas affected. The Employer shall provide the Union with no less than thirty (30) days notice that it intends to request bids or proposals to contract out bargaining unit work where the decision would result in displacement of bargaining unit members. During this thirty (30) day period, the Employer shall not request any bids is identified and approved for cost comparison or proposals and the Union shall have the opportunity to submit an alternate proposal. The notification by the Employer to the Union of the results of the feasibility study will include all pertinent information upon which the Employer based its decision to contract direct conversion contracting-out the work including, but not limited to, the total cost savings the Employer anticipates. Feasibility studies will not be required when: (1) an emergency situation exists as defined in ORS 279.011(4), and (2) either the work in question cannot be done by available bargaining unit employees or necessary equipment is not readily available. Nothing in this Article shall prevent the Employer from continually analyzing its operation for the purpose of identifying cost-saving opportunitiesstudy.
Section 2. The Employer shall evaluate the Union’s alternate proposal provided under Section 1. If the Employer’s evaluation of the Union’s alternate proposal confirms that it would result in providing quality and savings equal to or greater than that identified in the management plan, the Parties will agree in writing to implement provide the Union proposalcopies of pertinent information concerning contracting-out studies as such information is approved for release under governing directives. This information will include the invitation for bid (IFB) or request for proposal (RFP), abstract of bids, approved performance work statements (PWS) and changes thereto, certified wage rates, and cost studies if such cost studies are prepared. The Union will be given the opportunity to provide suggestions for Most Efficient Organization (MEO) and PWS. The Union President or designee shall be notified in advance of and shall be allowed to participate on committees or other meetings affecting Bargaining Unit Employees if consistent with ethics and conflict of interest requirements and other laws, rules, and regulations. The A-76 has its own appellate process and cannot be grieved.
Section 3. Should any fullIt is agreed that since it is to Management's advantage that the PWS during commercial reviews be as accurate as possible, the Union will be provided a copy and given the opportunity to review the statement for thoroughness. Comments must be provided within twenty-time five (25) calendar days after receipt and will be carefully considered by Management. It must be noted that this provision applies only to commercial activity affecting the bargaining unit member become displaced as a result of contracting out, unit.
Section 4. Periodic briefings will be held between the Employer and the Union shall meet to discuss provide the effect Union with information pursuant to OMB Circular A-76 and this Article, on matters which may adversely affect bargaining unit membersemployees. Such briefings will be held for the purpose of providing information concerning contracting out.
Section 5. Union representatives can acquire an understanding of the cost comparison process, through briefings or discussions with the function OPR, servicing CPO, and/or manpower and organization office at the installation. Where local formal training concerning contracting-out is provided regarding conditions that affect the bargaining unit, at least two Union representatives will be afforded the opportunity to attend. When other training concerning contracting out is provided a Union representative(s) may be afforded the opportunity to attend at Management’s discretion. Union representatives participating in the cost comparison process must attend ethics training from the servicing staff judge advocate and must ensure they are in compliance with the Joint Ethics Regulation (DoDD 5500.7-R).
Section 6. The Employer’s obligation Employer retains the right to discuss the effect of such make determinations with respect to contracting does not obligate it to secure the agreement out as provided in Section 7106 of the Civil Service Reform Act. The Union or will be advised of contracting out decisions which will have an impact on the unit employees. The impact and implementation of these contracting out decisions will be negotiated at the request of the Union.
Section 7. When Employees are adversely affected by a decision to exhaust contract out, the dispute resolution procedure of ORS 243.712, 243.722, or 243.742, concerning the decision or the impactEmployer will make maximum effort to find available positions for Employees.
Appears in 1 contract
Sources: Negotiated Agreement