For everyone’s viewing pleasure, please download a copy of the draft of the tentative agreement reached between CGE and the OSU administration on 8/14/2008. This is in fact a scanned version of the actual agreement that was signed at the last bargaining meeting. We are working on a cleaner version to post, but for now, this should serve the purpose. Note that articles not explicitly mentioned in the agreement will remain the same as in the current agreement.
- Download the draft version of the tentative 2008-2012 CBA
Having just read our current contract (the contract that will remain in effect until the new contract is ratified), I came across an interesting clause. It seems that the Union is required to hold an election to determine whether Fair Share is to be implemented. This election mandates, and allows, paticipation by Union AND non-union members (all bargining unit members). Why was this never done?!
It seems the Union has chosen ignore the current contract. Instead, Union representitives have chosen, without participation, input or votes from non-union members, to circumvent the current contract and simply impose Fair Share. Is this really “fair”?
The following I copied and pasted, from the current contract, for your reading pleasure:
LETTER OF AGREEMENT
FAIR SHARE ELECTION
The Parties will conduct an election to determine whether or not bargaining unit
employees desire a Fair Share provision in the collective bargaining agreement.
The following provisions shall apply:
a) The Parties shall mutually select a third party neutral who will be
responsible for coordination and administration of the election.
b) The Parties shall mutually design a ballot which contains a simple and
concise description of the issue, the date the ballot is due back and two
choices:
1. In favor of fair share
2. Opposed to fair share
c) The Parties shall mutually develop an informational letter to be mailed to
bargaining unit members, approximately two to three weeks prior to the
mailing of ballots, explaining fair share and the provisions of the election.
d) The University shall remain neutral and not campaign for or against fair
share. However, in response to questions, University representatives may
provide factual information.
e) After modifying the definition of directory information, consistent with the
letter of agreement on Article 8, Section 11, Information, and prior to
mailing ballots, the University shall provide the union and third party
neutral a list of graduate assistants who have at least 52 hours of service
during the term in which the election is held.
f) Under the direction of the third party neutral, the University shall mail
ballots to all bargaining unit employees on a date to be agreed upon by
the Parties after the University modifies its definition of directory
information.
g) The Parties shall share equally the costs of the third party neutral,
producing the informational letter and ballots and postage. However, the
University’s cost for securing a third party neutral shall not exceed $1000.
h) Ballots shall be due back to the third party neutral by a date agreed upon
by the Parties. Ballots received after this date shall not be considered.
i) The third party neutral shall count the ballots at an agreed upon location,
date and time with representatives of each Party in attendance.
j) At least 50% of bargaining unit employees must return their ballots,
properly marked with a vote, for the counting of ballots to proceed.
k) At least 50% of properly marked ballots must vote “In favor of fair share”
for fair share to be implemented.
l) Should, either 50% of bargaining unit employees not return ballots
properly marked with a vote or should less than 50% of ballots choose “In
favor of fair share”, fair share will not be implemented by the Parties.
m) If the vote determines that fair share is to be implemented, the University
agrees to begin deducting fair share payments within 60 days after the
election.
n) Should fair share be implemented, the following language shall be
included in the Parties’ collective bargaining agreement as Article 28:
Article 28, Fair Share
a) All bargaining unit employees who are not members of the
union shall make fair share payments in lieu of dues beginning
in their first paycheck after thirty (30) days of employment in a
bargaining unit position.
b) The amount of the fair share payment shall be set by the union,
and shall be the equivalent of regular dues and fees paid by
members working the same FTE fraction.
c) The University shall deduct the fair share payment from the
bargaining unit employee’s monthly salary and remit such
payment to the union at the time dues payments are remitted.
d) Fair share deduction shall be made only from salary received as
a bargaining unit employee and shall not apply to wages or
stipends received in another capacity (e.g., hourly student
wages, academic appointment, etc.).
e) Bargaining unit members who exercise their right to nonassociation
pursuant to ORS 243.666 shall be exempt from the
fair share requirement. However; the employee shall pay an
amount equivalent to regular union dues to a non-religious
charity or other charitable organization mutually agreed to by
the employee and the union. The employee shall furnish written
proof that such payment has been made monthly to the
employer and union.
f) The union agrees to indemnify and hold the employer harmless
against any and all claims, damages, suits, judgments or other
forms of liability which may arise out of any action taken or not
taken by the Employer for the purpose of complying with the
provisions of this Article.