Transcription
2015-2019Collective Bargaining AgreementBetweenThe Department ofAdministrative Services,on Behalf of the State ofOregon and the OregonHome Care CommissionAndService EmployeesInternational UnionLocal 503, Oregon PublicEmployees Union
TABLE OF CONTENTSCONTRACT FORMAT INDEXING SYSTEM.viARTICLE 1 – PARTIES TO THE AGREEMENT . 1ARTICLE 2 – RECOGNITION. 2ARTICLE 3 – TERM OF AGREEMENT . 4ARTICLE 4 – COMPLETE AGREEMENT . 6ARTICLE 5 – SEPARABILITY . 7ARTICLE 6 – NO STRIKE/NO LOCKOUT . 8ARTICLE 7 – UNION RIGHTS . 9Section 1. Centralized State Payment System. . 9Section 2. Bulletin Boards. . 9Section 3. Union Presentations at Trainings. . 9Section 4. Homecare and Personal Support Worker New Member Orientation. . 9Section 5. Employer Indemnity. . 9Section 6. Service Period and Deductions. . 10Section 7. List of Representatives. 10Section 8. List and Information. . 10Section 9. New Provider List Information. . 11Section 10. Dues Deduction. 11Section 11. Associated Costs. . 12Section 12. Other Deductions. . 12Section 13. Service Period and Deductions. . 13Section 14. Personal Support Workers in the Independent Choices Program (ICP). . 13ARTICLE 8 – PAYROLL/VOUCHER SYSTEMS . 14Section 1. Properly Completed Voucher or Timesheet. . 14Section 2. Voucher Submission Timelines. . 15Section 3. For PSWs Paid Through a Fiscal Intermediary . 16Section 4. Voucher Payment Processing Timelines. . 16Section 6. Voucher Issuance Timelines. . 18Section 7. Direct Deposit Options. . 18Section 8. Voucher Date Stamp Process. . 18ARTICLE 9 – NO DISCRIMINATION . 19Section 1. No Discrimination. 19Section 2. Consumer Rights. 19ARTICLE 10 – OREGON HOME CARE COMMISSION REGISTRY (Registry) . 20Section 1.Section 2.Section 3.Section 4.Section 5.Section 6.Inclusion in the Registry . 20Definitions. 20Available for Referral. . 21Online Referral Authorization . 21Seeking Employment. . 22Registry Referrals and Consumer Choice. . 222015-2019 SEIU Homecare Collective Bargaining Agreementii
Section 7. Personal Information – Credential Information Quarterly Review. . 22Section 8. Unavailability for Referral in the Registry due to DHS/OHA OregonAdministrative Rule (OARs). Employment Status in one of the State Provider DatabaseSystems. . 23Section 9. Unavailability for Referral in the Registry due to a Violation of OHCC OAR. 24Section 10. Grievances Due to Unavailability for Referral in the Registry. 24Section 11. Provider Number Terminations by DHS/OHA. 25ARTICLE 11 – GRIEVANCE PROCEDURE. 26Section 1. Grievance Definitions. . 26Section 2. Informal Resolution Approach. . 26Section 3. Grievance Steps. . 26Section 4. Arbitration. . 28Section 5. Time Limits. 30Section 6. Employer Not Responsible For Grievance Time. . 30ARTICLE 13 – WORKERS’ COMPENSATION . 31ARTICLE 14 – SERVICE PAYMENTS . 32Section 1. Prior Authorization . 32Section 2. Valid Provider Numbers . 32Section 3. OHA/DHS Letter Explaining Late Payment. 33Section 4. Training Certification Differential. . 33Section 5. Training Differential Funding. . 34Section 6. Cost of Living Adjustment. 34Section 7. Consumer Budgets . 34Section 8. On-Call. 34Section 9. Travel Time. . 35ARTICLE 14.1 – SERVICE PAYMENTS FOR HOMECARE WORKERS . 36Section 1. Rates. 36Section 2. Enhanced Homecare Worker Wages and Training. . 37Section 3. Differentials. . 38Section 4. Relief Worker Wages. . 38Section 5. Twenty-Four Hour Availability Pay. . 39Section 6. Twenty-Four Hour Availability Hours. . 39Section 7. Live in Program . 39ARTICLE 14.2 – SERVICE PAYMENTS OF PERSONAL SUPPORT WORKERS . 41Section 1. Wage Maintenance. 41Section 2. Rates. 41Section 3. Enhanced Payments and Training. . 42Section 4. Exceptional Payments and Training. . 43Section 5. CIIS Transition. 44Section 6. Relief Worker Wages. . 44Section 7. ODDS Personal Support Worker (PSW) Providing Attendant Care (ADL/IADL)Supports and Services in an Employment Setting. . 45Section 8. ODDS PSW – Employment Specialist (Job Coaching) . 45Section 9. ODDS PSW – Employment Specialist – Training and Certifications. . 45Section 10. PSW Specialists (Formerly Known as PSW-ICs) Transition . 462015-2019 SEIU Homecare Collective Bargaining Agreementiii
ARTICLE 15.1 – TRANSPORTATION MILEAGE REIMBURSEMENT FOR HOMECARE WORKERSAND PERSONAL SUPPORT WORKERS . 47Section 1. Transportation Mileage Rate. 47Section 2. Prior Authorized Reimbursement. . 47Section 3. Homecare and Personal Support Worker Automobile Insurance. . 47Section 4. Preauthorized Public Transportation Reimbursement. . 47ARTICLE 16 - TIME-OFF REQUEST PROCESS. 48ARTICLE 17.1 – TASK LIST OF AUTHORIZED SERVICES FOR HOMECARE WORKERS . 49Section 1. HCW Task List of Approved Hours and Services. . 49Section 2. HCW Notice of Change in Hours and/or Services. . 49Section 3. Consumer Choice in Hours and/or Services. . 49Section 4. Live-In HCW Orientation. . 49ARTICLE 17.2 – SERVICE AGREEMENT OR CLIENT SERVICE PLAN OF AUTHORIZED SERVICESFOR PERSONAL SUPPORT WORKERS . 50Section 1. Service Agreement or Client Service Plan. 50Section 2. Consumer Choice in Hours and/or Services. . 50Section 3. PSW Notice of Change in Hours and/or Services. . 50ARTICLE 18.1 – TEMPORARY CONSUMER ABSENCES . 51ARTICLE 19 – SERVICE PAYMENT OVERPAYMENTS . 52Section 1. Overpayments. . 52Section 2. Medicaid Fraud Overpayments. . 52Section 3. Overpayment Determination Grievance. . 52ARTICLE 19.2 –OVERPAYMENTS OF PERSONAL SUPPORT WORKERS . 53Overpayments for PSWs paid through invoice. . 53ARTICLE 20.1 – HEALTH AND SAFETY . 54Section 1. Gloves and Masks. . 54Section 2. Gloves and Masks through Consumer/Employer Health Plan. . 54Section 3. Housekeeping. . 54Section 4. Communicable Diseases and Universal Precautions Information. . 54Section 5. Flu Shot Information. . 55ARTICLE 20.2 – HEALTH AND SAFETY . 56Section 1. Gloves and Masks. . 56Section 2. Gloves and Masks through Consumer/Employer Health Plan. . 56Section 3. Housekeeping. . 56Section 4. Communicable Diseases and Universal Precautions Information. . 57Section 5. Flu Shot Information. . 57Section 6. PSWs Independent Choices Program. . 57ARTICLE 21.1 – HOMECARE WORKER TRAINING COMMITTEE . 58Section 1. Committee Membership. 58Section 2. Quarterly Budget Report and Information Sharing. . 58Section 3. Union Minority Report. . 58Section 4. Committee Tasks: . 58Section 5. Committee Goals: . 59Section 6. Homecare Worker Attendance at Trainings. . 592015-2019 SEIU Homecare Collective Bargaining Agreementiv
ARTICLE 21.2 - PERSONAL SUPPORT WORKER TRAINING COMMITTEE . 60Section 1. Committee Membership. 60Section 2. Quarterly Budget Report and Information Sharing. . 60Section 3. Union Minority Report. . 60Section 4. Personal Support Worker Training Committee Tasks: . 61Section 5. Personal Support Worker Training Committee Goals: . 61Section 6. Personal Support Worker Attendance at Trainings. . 61Section 7. Stipends. . 61Section 8. Personal Support Workers Employment Status Confirmation. . 61ARTICLE 22 – JOINT ISSUES COMMITTEE. 63Section 1. 63Section 2. Meeting Times. . 63Section 3. Meeting Agenda. . 63Section 4. Meeting Cancellations. . 63Section 5. Meeting Participants. . 63ARTICLE 23 – HOMECARE AND PERSONAL SUPPORT WORKER NEW WORKER ORIENTATION,APD ONBOARDING SESSIONS, EXPRS ORIENTATION, AND ONLINEORIENTATIONS . 65Section1. New Worker Orientation Requirements. . 65Section 2. APD Local Onboarding Session . 65Section 3. New Worker Orientation Options. . 66Section 4. Regional Quarterly In-Person New Worker Orientation. . 66Section 5. New Worker Orientation Registration . 66Section 6. Union Presentation – Regional Quarterly In-Person New Worker Orientation. . 66Section 7. Union Representation – HCW/PSW Recruitment Event Orientation. . 66Section 8. Union Presentation – Online New Worker Orientation. . 67Section 9. Union Electronic Media and Materials. . 67Section 10. New Worker Orientation Shared Information. . 67Section 11. eXPRS Orientation. 67LETTER OF AGREEMENT – FLSA Implementation . 69LETTER OF AGREEMENT – Joint Effort to Reduce and Prevent Medicaid Fraud . 70STATEMENT OF INTENT – Training . 71PAYROLL CALENDAR FOR 2016-2019 . 722015-2019 SIGNATURE PAGE – SEIU Local 503 / HOMECARE COMMISSION . 812015-2019 SEIU Homecare Collective Bargaining Agreementv
CONTRACT FORMAT INDEXING SYSTEMThe Collective Bargaining Agreement uses a reference number to identify theapplication of Articles, Sections and Letters of Agreement, Intent, etc., to the groups ofworkers specified in Article 2, Recognition. If one of the following numbers is added toan Article or Letter of Agreement, it signifies the group of workers to which the Article orLetter applies:.1Homecare Workers (HCWs).2Personal Support Workers (PSWs)If an Article or Letter of Agreement does not have a “.1” or “.2” added to it, theArticle or Letter applies to both HCWs and PSWs. Examples of the formatting are:Article X applies to both;Article X.1 applies to HCWs only; and,Article X.2 applies to PSWs only.2015-2019 SEIU Homecare Collective Bargaining Agreementvi
ARTICLE 1 – PARTIES TO THE AGREEMENTThis Agreement is made and entered into at Salem, Oregon, pursuant to the provisionsof the Oregon Revised Statues, by and between the State of Oregon, through theDepartment of Administrative Services (DAS), and the Oregon Home Care Commission(OHCC), hereinafter referred to as the EMPLOYER, hereinafter collectively referred toas the STATE and the Service Employees International Union (SEIU) Local 503, OPEU,hereinafter referred to as the UNION and jointly hereinafter referred to as the PARTIES.It is the purpose of this Agreement to achieve and maintain harmonious relationsbetween the EMPLOYER and the UNION, to provide for equitable and peacefuladjustments of differences which may arise.2015-2019 SEIU Homecare Collective Bargaining Agreement1
ARTICLE 2 – RECOGNITIONSection 1.The Employer recognizes the Union as the exclusive bargaining representative for allHomecare Workers/Personal Support Workers represented by the Union as listed inSection 2 of this Article.Section 2.The Employer and the Union have established a single bargaining unit that consists of:a)Homecare Workers (HCW). All full-time, part-time, hourly, and live-in publiclyfunded Homecare Workers employed through the Employer, who are ClientEmployed Providers (CEPs), Spousal Pay Providers, State Plan Personal CareProviders for seniors and people with disabilities, and providers in the OregonProject Independence (OPI) Program, and for whom compensation is paid byDepartment of Human Services (DHS) or other public agency that receivesmoney from DHS.All other Homecare Workers, including those employed by other employers, andsupervisors are excluded.b)Personal Support Workers (PSW). All full-time, part-time, or hourly publiclyfunded Personal Support Workers employed through the Employer, who (1) arehired by a person with a developmental disability or mental illness or a parent orguardian of a person with a developmental disability or mental illness; (2) areproviding personal support worker services through State Plan Personal Care forpersons with developmental disabilities or mental illness, Family Support forChildren with Developmental Disabilities, Long-Term Supports for Children eIn-HomeServices,Comprehensive In-Home Support for Adults with Developmental Disabilities,Support Services for Adults with Developmental Disabilities, Short-Term Crisisfor Individuals with Developmental Disabilities, and (3) for whom compensationis paid by Department of Human Services (DHS), Oregon Health Authority(OHA), a support services brokerage or other public agency who receives publicfunds for this purpose. All other Personal Support Workers, including provider2015-2019 SEIU Homecare Collective Bargaining Agreement2
organizations and supervisors, and those who perform solely volunteer personalservices related tasks are excluded.c)Personal Support Worker. Independent Choices Program (PSW-ICP) Providerswho are hired and paid directly by the consumer-employer funded through theMedicaid State Plan J, Independent Choices Program.Providers are notrequired to complete a provider enrollment agreement and are not paid directlyby the Department of Human Services. Rates, hours and expectations are setby the consumer-employer and not the Department.Section 3.When there has been a determination of the Employment Relations Board to modify thebargaining unit listed in Section 2 of this Article or when the Parties reach mutualagreement to modify, negotiations will be entered into as needed or as required by law.2015-2019 SEIU Homecare Collective Bargaining Agreement3
ARTICLE 3 – TERM OF AGREEMENTSection 1. Effective Date.This Agreement shall become effective on July 1, 2015 or such later date as it receivesfull acceptance by the Parties, and expires June 30, 2019, except where specificallystated otherwise in the Agreement.Section 2. Notice to Negotiate.Either party may give written notice no less than one hundred and eighty (180) dayspreceding the expiration of the Agreement of its desire to negotiate a successorAgreement.Section 3. Commencing Negotiations.Negotiations for a successor Agreement shall commence during the first (1st) week ofMarch 2019, or such other date as may be mutually agreed upon, in writing, by theParties. The Parties shall present any proposed changes desired in a SuccessorAgreement by the end of the second (2nd) meeting.Section 4. Scheduling Negotiations.During the first (1st) meeting, the Parties agree to schedule at least two (2) negotiatingdates per month for April, May, June and July unless mutually agreed upon otherwise,in writing, at that meeting.Section 5. Mediation and Binding Arbitration.Either Party may invoke mediation on or after June 30th of 2019 and any subsequentbargaining session shall include the Mediator on dates mutually agreed to by the Partiesand the Mediator. Thereafter, the time lines and procedures set out in ORS 243.712and 243.742 shall apply unless the Parties mutually agree, in writing, otherwise.Section 6. Agreement Extension.If the Parties fail to reach agreement on a new successor Agreement on or before June30, 2019, the Agreement shall be automatically extended until a new Agreement isreached or an opinion and order is promulgated pursuant to ORS 243.746(5).2015-2019 SEIU Homecare Collective Bargaining Agreement4
Section 7. Reopening of Agreement.The Agreement shall be reopened in 2017 for negotiations on Article 14 – ServicePayment; including Article 14.1 – Service Payment for Homecare Workers and Article14.2 – Service Payments for Personal Support Workers: and up to three (3) additionalArticles by each Party, which can be designated by either or both Parties. Opening one(1) Article, includes the point one (.1) and point two (.2) of that given Article, if applicable,and shall only count as one (1) additional Article opened for the purposes ofnegotiations. No other Articles may be opened for negotiations at that time unlessmutually agreed to, in writing, by the Parties. Any Article or Section of Articles shall beopened as outlined in the Sections above. Such negotiations shall commence duringthe first (1st) week of March 2017, unless otherwise agreed to, in writing, by the Partiesand, thereafter, the time lines and procedures set out in Section 3, 4, 5 and 6 of thisArticle shall apply.Section 8. Process to Open Agreement During Term.No opening of this Agreement may take place unless specifically authorized herein orby mutual Agreement, in writing, by the Parties or by operation of law.2015-2019 SEIU Homecare Collective Bargaining Agreement5
ARTICLE 4 – COMPLETE AGREEMENTSection 1.Pursuant to their statutory obligations to bargain in good faith, the Employer and theUnion have met in full and free discussion concerning matters in “employment relations”as defined by ORS 243.650(7). This Agreement incorporates the sole and completeagreement between the Employer and the Union resulting from these negotiations. TheUnion agrees that the Employer has no further obligation during the term of thisAgreement to bargain wages, hours, or working conditions except as specified below.Section 2.The Parties recognize the full right of the Employer to issue rules, regulations andprocedures and that these rights are diminished only by the law and this Agreement,including interpretative decisions which may evolve pursuant to the proper exercise ofauthority given by the law or this Agreement.Section 3.The Employer agrees to bargain over any change(s) it proposes to make to mandatorysubjects of bargaining not covered by the Agreement pursuant to the Public EmployeeCollective Bargaining Act (PECBA).Changes to any of the terms and conditionscontained in the Agreement may be made by mutual agreement or as otherwise allowedby ORS 243.702.2015-2019 SEIU Homecare Collective Bargaining Agreement6
ARTICLE 5 – SEPARABILITYIn the event that any provision of this Agreement is at any time declared invalid by anycourt of competent jurisdiction, declared invalid by final Employment Relations Board(ERB) order, made illegal through enactment of federal or state law or throughgovernment regulations having the full force and effect of law, such action shall notinvalidate the entire Agreement, it being the express intent of the Parties hereto that allother provisions not invalidated shall remain in full force and effect. The invalidatedprovision shall be subject to re-negotiation by the Parties within a reasonable period oftime from either party’s request.2015-2019 SEIU Homecare Collective Bargaining Agreement7
ARTICLE 6 – NO STRIKE/NO LOCKOUTSection 1.During the term of this Agreement, the Union, its members and representatives agreenot to engage in, authorize, sanction or support any strike, slowdown or other acts ofcurtailment or work stoppage.Section 2.The Employer agrees that, during the term of this Agreement, it shall not cause or initiateany lockout of Employees.Section 3.This Article does not apply to the consumers’ sole and undisputed rights provided in thelaw, including the selection and termination of employment of the Employee.2015-2019 SEIU Homecare Collective Bargaining Agreement8
ARTICLE 7 – UNION RIGHTSSection 1. Centralized State Payment System.
a) Homecare Workers (HCW). All fulltime, part- -time, hourly, and livein publicly - funded Homecare Workers employed through the Employer, who are Client-Employed Providers (CEPs), Spousal Pay Providers, State Plan Personal Care Providers for seniors and people with disabilities, and providers in the Oregon
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