Common use of CONTRACTING AND SUBCONTRACTING OF WORK Clause in Contracts

CONTRACTING AND SUBCONTRACTING OF WORK. Notwithstanding the provisions of ORS. 243.650 to 243.782, the Union recognizes that the City shall have the right to make and to implement decisions relative to the contracting and subcontracting of work as it may determine; however, before the City may contract work presently and regularly performed by members of the bargaining unit and provided such contracting will result in the layoff or demotion of current members of the bargaining unit, the following shall occur: 1. The Union shall be notified in writing at least seventy (70) calendar days in advance of the proposed implementation of such subcontracting. Such notification shall include a detailed analysis of the likely impact on the bargaining unit, and shall also outline the projected financial impact and other considerations that the City has deemed are pertinent to its deliberations to contract or subcontract work. 2. Upon receipt of such notice, the Union shall have twenty (20) calendar days in which to notify the City of its desire to meet and discuss the subcontracting. The Union may propose changes in existing work rules, benefits, and/or wage rates in order to compete more effectively with the contractors or subcontractors and/or the Union may propose alternative staffing arrangements that it believes would reduce the impact of the contracting or subcontracting. The City shall not finalize a decision to contract or subcontract such work until after it has afforded the Union the opportunity to meet as provided above. The City shall give full consideration to all timely Union proposals before a decision is finalized. If such work is to be contracted or subcontracted, the City agrees to transfer or demote employees to any available vacant positions rather than lay off employees whenever it is feasible to do so; provided the employee meets the minimum qualifications with respect to education and work experience for the position to which he/she is to be transferred or demoted to, and provided that no employee rights or benefits under Article 17 - Layoff are abridged. A demotion shall be defined as involuntary reassignment to a new classification with a lower paying maximum salary rate.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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CONTRACTING AND SUBCONTRACTING OF WORK. Notwithstanding the provisions of ORS. 243.650 to 243.782, the The Union recognizes that the City shall have retains the right to make contract and to implement decisions relative subcontract work, provided that as to the contracting and or subcontracting of work as it that may determine; however, before the City may contract work presently and regularly performed by members of the bargaining unit and provided such contracting will reasonably be expected to result in the layoff or demotion of current members any bargaining unit member(s), the City will provide prior notice to the Union and afford it an opportunity to make a presentation to the Council as follows: The Union shall be sent a copy of any Request for Proposal or advertisement for bids at the time such request or advertisement is made. After receipt of proposals or bids from potential bidders, the Union shall receive a copy of same and a copy of all other relevant material, including City staff analysis of the bargaining unit, various bids or proposals that the following Council will use as the basis for its decision. No decision to contract or subcontract shall occurbe made until: 1. Thirty (30) days following the receipt by the Union of all material specified in #1 above; and 2. After the Union has had an opportunity to make a presentation to the Council (or City Administrator if such is mutually agreeable) regarding the proposed contracting of work. The City agrees to give full consideration to all information and recommendations that may be submitted by the Union shall be notified in writing at least seventy (70) calendar days in advance prior to making a final decision. In consideration of the proposed implementation of such subcontracting. Such notification shall include a detailed analysis of the likely impact on the bargaining unit, and shall also outline the projected financial impact and other considerations that above-delineated agreement by the City has deemed are pertinent to allow the Union to be informed of and to make its deliberations position known prior to a contracting decision which would adversely affect bargaining unit employees, parties agree that notwithstanding the requirements of ORS 243, the City shall have no duty to bargain: 1. Any decision to contract or subcontract work.; and 2. Upon receipt of such notice, the Union shall have twenty (20) calendar days in which to notify the City of its desire to meet and discuss the subcontracting. The Union may propose changes in existing work rules, benefits, and/or wage rates in order to compete more effectively with the contractors or subcontractors and/or the Union may propose alternative staffing arrangements that it believes would reduce the impact of the contracting or subcontracting. The City shall not finalize a any decision to contract or subcontract such work until after it has afforded the Union the opportunity to meet as provided abovework. The City shall give full consideration to all timely Union proposals before a decision is finalized. If such work is to be contracted or subcontracted, may use non-paid volunteers without following the City agrees to transfer or demote employees to any available vacant positions rather than lay off employees whenever it is feasible to do so; provided the employee meets the minimum qualifications with respect to education and work experience for the position to which he/she is to be transferred or demoted toprocedural steps outlined above, and provided that without a duty to bargain over the decision or the impact of such decision. The City has no employee rights or benefits under Article 17 - Layoff are abridged. A demotion shall be defined as involuntary reassignment intent to a new classification with a lower paying maximum salary ratemodify existing practice on the use of volunteers.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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CONTRACTING AND SUBCONTRACTING OF WORK. β€Œ Notwithstanding the provisions of ORS. 243.650 to 243.782, the Union recognizes that the City shall have the right to make and to implement decisions relative to the contracting and subcontracting of work as it may determine; however, before the City may contract work presently and regularly performed by members of the bargaining unit and provided such contracting will result in the layoff or demotion of current members of the bargaining unit, the following shall occur: 1. The Union shall be notified in writing at least seventy (70) calendar days in advance of the proposed implementation of such subcontracting. Such notification shall include a detailed analysis of the likely impact on the bargaining unit, and shall also outline the projected financial impact and other considerations that the City has deemed are pertinent to its deliberations to contract or subcontract work. 2. Upon receipt of such notice, the Union shall have twenty (20) calendar days in which to notify the City of its desire to meet and discuss the subcontracting. The Union may propose changes in existing work rules, benefits, and/or wage rates in order to compete more effectively with the contractors or subcontractors and/or the Union may propose alternative staffing arrangements that it believes would reduce the impact of the contracting or subcontracting. The City shall not finalize a decision to contract or subcontract such work until after it has afforded the Union the opportunity to meet as provided above. The City shall give full consideration to all timely Union proposals before a decision is finalized. If such work is to be contracted or subcontracted, the City agrees to transfer or demote employees to any available vacant positions rather than lay off employees whenever it is feasible to do so; provided the employee meets the minimum qualifications with respect to education and work experience for the position to which he/she is to be transferred or demoted to, and provided that no employee rights or benefits under Article 17 - – Layoff are abridged. A demotion shall be defined as involuntary reassignment to a new classification with a lower paying maximum salary rate.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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