Common use of Past Practices Clause in Contracts

Past Practices. (a) The Parties recognize the Employer’s full right to direct the work force and to issue work orders and rules and that these rights are diminished only by the law and this Agreement, including arbitrator’s awards which may evolve pursuant to this Agreement, or for temporary employees, decisions resulting from dispute resolution procedures which may evolve pursuant to this Agreement. (1) The Employer may change or issue new work practices or rules covering permissive subjects of bargaining, including issuing administrative rules over issues which are nonnegotiable and are not in conflict with or otherwise addressed in a specific provision of this Agreement. The Employer agrees to bargain over any proposed changes in “working conditions” or their impact which are mandatory subjects of bargaining. (2) If the Employer believes the change is a mandatory subject of bargaining, the Parties shall meet within ten (10) days of the Union’s request to meet. One (1) Union Xxxxxxx from the affected Agency will be allowed to use Agency time without loss of pay or benefits to participate in these negotiations. The Employer will not be liable for any overtime, premium pay, travel reimbursement, or mileage for the Union Xxxxxxx. If the Union Xxxxxxx is a temporary employee, while employed, the temporary employee would be unscheduled. (3) The Union may file an unfair labor practice complaint with the Employment Relations Board if the Employer refuses to bargain. If the Board rules that the change is a permissive or prohibited subject of bargaining, the Union shall withdraw its demand to bargain. If the Board determines the change is a mandatory subject of bargaining, the Parties shall meet to negotiate this subject change. (4) Notwithstanding ORS 243.698, if after ninety (90) days of bargaining, the Parties do not reach agreement, either Party may exercise its right to utilize the dispute resolution procedures under the PECBA, including the strike- permitted employees’ right to strike (notwithstanding Article 8 of this Agreement), or, for strike-prohibited employees, the right to submit the matter to binding arbitration. Nothing precludes the Parties from requesting mediation within the ninety (90) day period.

Past Practices. (a) The Parties recognize the Employer’s full right to direct the work force and to issue work orders and rules and that these rights are diminished only by the law and this Agreement, including arbitrator’s awards which may evolve pursuant to this Agreement, or for temporary employees, decisions resulting from dispute resolution procedures which may evolve pursuant to this Agreement. (1) The Employer may change or issue new work practices or rules covering permissive subjects of bargaining, including issuing administrative rules over issues which are nonnegotiable and are not in conflict with or otherwise addressed in a specific provision of this Agreement. The Employer agrees to bargain over any proposed changes in “working conditions” or their impact which are mandatory subjects of bargaining. (2) If the Employer believes the change is a mandatory subject of bargaining, the Parties shall meet within ten (10) days of the Union’s request to meet. One (1) Union Xxxxxxx from the affected Agency will be allowed to use Agency time without loss of pay or benefits to participate in these negotiations. The Employer will not be liable for any overtime, premium pay, travel reimbursement, or mileage for the Union Xxxxxxx. If the Union Xxxxxxx is a temporary employee, while employed, the temporary employee would be unscheduled. (3) The Union may file an unfair labor practice complaint with the Employment Relations Board if the Employer refuses to bargain. If the Board rules that the change is a permissive or prohibited subject of bargaining, the Union shall withdraw its demand to bargain. If the Board determines the change is a mandatory subject of bargaining, the Parties shall meet to negotiate this subject change. (4) Notwithstanding ORS 243.698, if after ninety (90) days of bargaining, the Parties do not reach agreement, either Party may exercise its right to utilize the dispute resolution procedures under the PECBA, including the strike- strike-permitted employees’ right to strike (notwithstanding Article 8 of this Agreement), or, for strike-prohibited employees, the right to submit the matter to binding arbitration. Nothing precludes the Parties from requesting mediation within the ninety (90) day period.

Past Practices. (a) The Parties recognize the Employer’s full right to direct the work force and to issue work orders and rules and that these rights are diminished only by the law and this Agreement, including arbitrator’s awards which may evolve pursuant to this Agreement, or for temporary employees, decisions resulting from dispute resolution procedures which may evolve pursuant to this Agreement. (1) The Employer may change or issue new work practices or rules covering permissive subjects of bargaining, including issuing administrative rules over issues which are nonnegotiable and are not in conflict with or otherwise addressed in a specific provision of this Agreement. The Employer agrees to bargain over any proposed changes in “working conditions” ―working conditions‖ or their impact which are mandatory subjects of bargaining. (2) If the Employer believes the change is a mandatory subject of bargaining, the Parties shall meet within ten (10) days of the Union’s request to meet. One (1) Union Xxxxxxx from the affected Agency will be allowed to use Agency time without loss of pay or benefits to participate in these negotiations. The Employer will not be liable for any overtime, premium pay, travel reimbursement, or mileage for the Union Xxxxxxx. If the Union Xxxxxxx is a temporary employee, while employed, the temporary employee would be unscheduled. (3) The Union may file an unfair labor practice complaint with the Employment Relations Board if the Employer refuses to bargain. If the Board rules that the change is a permissive or prohibited subject of bargaining, the Union shall withdraw its demand to bargain. If the Board determines the change is a mandatory subject of bargaining, the Parties shall meet to negotiate this subject change. (4) Notwithstanding ORS 243.698, if after ninety (90) days of bargaining, the Parties do not reach agreement, either Party may exercise its right to utilize the dispute resolution procedures under the PECBA, including the strike- strike-permitted employees’ right to strike (notwithstanding Article 8 of this Agreement), or, for strike-prohibited employees, the right to submit the matter to binding arbitration. Nothing precludes the Parties from requesting mediation within the ninety (90) day period.

Past Practices. (aA) The Parties parties recognize the Employer’s 's full right to direct the work force and to issue work orders and rules and that these rights are diminished only by the law and this Agreement, including arbitrator’s 's awards which may evolve pursuant to this Agreement, or for temporary employees, decisions resulting from dispute resolution procedures which may evolve pursuant to this Agreement. (1) The Employer may change or issue new work practices or rules covering permissive subjects of bargaining, including issuing administrative rules over issues which are nonnegotiable and are not in conflict with or otherwise addressed in a specific provision of this Agreement. The Employer agrees to bargain over any proposed changes in “"working conditions” " or their impact which are mandatory subjects of bargaining. (2) If the Employer believes the change is a mandatory subject of bargaining, the Parties parties shall meet within ten (10) days of the Union’s 's request to meet. One One (1) Union Xxxxxxx from the affected Agency university/college will be allowed to use Agency university/college time without loss of pay or benefits to participate in these negotiations. The Employer will not be liable for any overtime, premium pay, travel reimbursement, reimbursement or mileage for the Union Xxxxxxx. If the Union Xxxxxxx is a temporary employee, while employed, the temporary employee would be unscheduled. (3) The Union may file an unfair labor practice complaint with the Employment Relations Board if the Employer refuses to bargain. If the Board rules that the change is a permissive or prohibited subject of bargaining, the Union shall withdraw its demand to bargain. If the Board determines the change is a mandatory subject of bargaining, the Parties parties shall meet to negotiate this subject change. (4) Notwithstanding ORS 243.698If, if after ninety (90) days of bargaining, the Parties parties do not reach agreement, either Party the Union may exercise its right to utilize the dispute resolution procedures under the PECBAORS 243.712-ORS 243.726, including the strike- permitted employees’ right to strike (notwithstanding Article 8 of this Agreement), or, for strike-prohibited employees, the right to submit the matter to binding arbitration. Nothing precludes the Parties from requesting mediation within the ninety (90) day period.

Past Practices. (a) The Parties recognize the Employer’s full right to direct the work force and to issue work orders and rules and that these rights are diminished only by the law and this Agreement, including arbitrator’s awards which may evolve pursuant to this Agreement, or for temporary employees, decisions resulting from dispute resolution procedures which may evolve pursuant to this Agreement. (1) The Employer may change or issue new work practices or rules covering permissive subjects of bargaining, including issuing administrative rules over issues which are nonnegotiable and are not in conflict with or otherwise addressed in a specific provision of this Agreement. The Employer agrees to bargain over any proposed changes in “working conditions” ―working conditions‖ or their impact which are mandatory subjects of bargaining. (2) If the Employer believes the change is a mandatory subject of bargaining, the Parties shall meet within ten (10) days of the Union’s request to meet. One (1) Union Xxxxxxx from the affected Agency will be allowed to use Agency time without loss of pay or benefits to participate in these negotiations. The Employer will not be liable for any overtime, premium pay, travel reimbursement, or mileage for the Union Xxxxxxx. If the Union Xxxxxxx is a temporary employee, while employed, the temporary employee would be unscheduled. (3) The Union may file an unfair labor practice complaint with the Employment Relations Board if the Employer refuses to bargain. If the Board rules that the change is a permissive or prohibited subject of bargaining, the Union shall withdraw its demand to bargain. If the Board determines the change is a mandatory subject of bargaining, the Parties shall meet to negotiate this subject change. (4) Notwithstanding ORS 243.698, if after ninety (90) days of bargaining, the Parties do not reach agreement, either Party may exercise its right to utilize the dispute resolution procedures under the PECBA, 2011-2013 SEIU Local 503, OPEU/State of Oregon CBA 2 including the strike- strike-permitted employees’ right to strike (notwithstanding Article 8 of this Agreement), or, for strike-prohibited employees, the right to submit the matter to binding arbitration. Nothing precludes the Parties from requesting mediation within the ninety (90) day period.

Past Practices. (a) The Parties recognize the Employer’s full right to direct the work force and to issue work orders and rules and that these rights are diminished only by the law and this Agreement, including arbitrator’s awards which may evolve pursuant to this Agreement, or for temporary employees, decisions resulting from dispute resolution procedures which may evolve pursuant to this Agreement. (1) The Employer may change or issue new work practices or rules covering permissive subjects of bargaining, including issuing administrative rules over issues which are nonnegotiable and are not in conflict with or otherwise addressed in a specific provision of this Agreement. The Employer agrees to bargain over any proposed changes in “working conditions” ―working conditions‖ or their impact which are mandatory subjects of bargaining. (2) If the Employer believes the change is a mandatory subject of bargaining, the Parties shall meet within ten (10) days of the Union’s request to meet. One (1) Union Xxxxxxx from the affected Agency will be allowed to use Agency time without loss of pay or benefits to participate in these negotiations. The Employer will not be liable for any overtime, premium pay, travel reimbursement, or mileage for the Union Xxxxxxx. If the Union Xxxxxxx is a temporary employee, while employed, the temporary employee would be unscheduled. (3) The Union may file an unfair labor practice complaint with the Employment Relations Board if the Employer refuses to bargain. If the Board rules that the change is a permissive or prohibited subject of bargaining, the Union shall withdraw its demand to bargain. If the Board determines the change is a mandatory subject of bargaining, the Parties shall meet to negotiate this subject change. (4) Notwithstanding ORS 243.698, if after ninety (90) days of bargaining, the Parties do not reach agreement, either Party may exercise its right to utilize the dispute resolution procedures under the PECBA, including the strike- strike-permitted employees’ right to strike (notwithstanding Article 8 of this Agreement), or, for strike-prohibited employees, the right to submit the matter to binding arbitration. Nothing precludes the Parties from requesting mediation within the ninety (90) day period.the

Past Practices. (a) The Parties recognize the Employer’s full right to direct the work force and to issue work orders and rules and that these rights are diminished only by the law and this Agreement, including arbitrator’s awards which may evolve pursuant to this Agreement, or for temporary employees, decisions resulting from dispute resolution procedures which may evolve pursuant to this Agreement. (1) The Employer may change or issue new work practices or rules covering permissive subjects of bargaining, including issuing administrative rules over issues which are nonnegotiable and are not in conflict with or otherwise addressed in a specific provision of this Agreement. The Employer agrees to bargain over any proposed changes in “working conditions” or their impact which are mandatory subjects of bargaining. (2) If the Employer believes the change is a mandatory subject of bargaining, the Parties shall meet within ten (10) days of the Union’s request to meet. One (1) Union Xxxxxxx from the affected Agency will be allowed to use Agency time without loss of pay or benefits to participate in these negotiations. The Employer will not be liable for any overtime, premium pay, travel reimbursement, or mileage for the Union Xxxxxxx. If the Union Xxxxxxx is a temporary employee, while employed, the temporary employee would be unscheduled. (3) The Union may file an unfair labor practice complaint with the Employment Relations Board if the Employer refuses to bargain. If the Board rules that the change is a permissive or prohibited subject of bargaining, the Union shall withdraw its demand to bargain. If the Board determines the change is a mandatory subject of bargaining, the Parties shall meet to negotiate this subject change. (4) Notwithstanding ORS 243.698, if after ninety (90) days of bargaining, the Parties do not reach agreement, either Party may exercise its right to utilize the dispute resolution procedures under the PECBA, including the strike- strike-permitted employees’ right to strike (notwithstanding Article 8 of this Agreement), or, for strike-prohibited employees, the right to submit the matter to binding arbitration. Nothing precludes the Parties from requesting mediation within the ninety (90) day period.the

Past Practices. (a) The Parties recognize the Employer’s full right to direct the work force and to issue work orders and rules and that these rights are diminished only by the law and and (b) this Agreement, including arbitrator’s awards which may evolve pursuant to this Agreement, or for temporary employees, decisions resulting from dispute resolution procedures which may evolve pursuant to this Agreement. (1) The Employer may change or issue new work practices or rules covering permissive subjects of bargaining, including issuing administrative rules over issues which are nonnegotiable and are not in conflict with or otherwise addressed in a specific provision of this Agreement. The Employer agrees to bargain over any proposed changes in “working conditions” or their impact which are mandatory subjects of bargaining. (2) If the Employer believes the change is a mandatory subject of bargaining, the Parties shall meet within ten (10) days of the Union’s request to meet. One (1) Union Xxxxxxx from the affected Agency will be allowed to use Agency time without loss of pay or benefits to participate in these negotiations. The Employer will not be liable for any overtime, premium pay, travel reimbursement, or mileage for the Union Xxxxxxx. If the Union Xxxxxxx is a temporary employee, while employed, the temporary employee would be unscheduled. (3) The Union may file an unfair labor practice complaint with the Employment Relations Board if the Employer refuses to bargain. If the Board rules that the change is a permissive or prohibited subject of bargaining, the Union shall withdraw its demand to bargain. If the Board determines the change is a mandatory subject of bargaining, the Parties shall meet to negotiate this subject change. (4) Notwithstanding ORS 243.698, if after ninety (90) days of bargaining, the Parties do not reach agreement, either Party may exercise its right to utilize the dispute resolution procedures under the PECBA, including the strike- strike-permitted employees’ right to strike (notwithstanding Article 8 of this Agreement), or, for strike-prohibited employees, the right to submit the matter to binding arbitration. Nothing precludes the Parties from requesting mediation within the ninety (90) day period. submitted to the next session (whether regular or special) of the Legislative Assembly.

Past Practices. (aA) The Parties parties recognize the Employer’s 's full right to direct the work force and to issue work orders and rules and that these rights are diminished only by the law and this Agreement, including arbitrator’s arbitrators' awards which may evolve pursuant to this Agreement, or for temporary employees, decisions resulting from dispute resolution procedures which may evolve pursuant to this Agreement. (1) The Employer may change or issue new work practices or rules covering permissive subjects of bargaining, including issuing administrative rules over issues which are nonnegotiable and are not in conflict with or otherwise addressed in a specific provision of this Agreement. The Employer agrees to bargain over any proposed changes in “"working conditions” " or their impact which are mandatory subjects of bargaining. (2) If the Employer believes the change is a mandatory subject of bargaining, the Parties parties shall meet within ten (10) days of the Union’s 's request to meet. One One (1) Union Xxxxxxx from the affected Agency university will be allowed to use Agency university time without loss of pay or benefits to participate in these negotiations. The Employer will not be liable for any overtime, premium pay, travel reimbursement, reimbursement or mileage for the Union Xxxxxxx. If the Union Xxxxxxx is a temporary employee, while employed, the temporary employee would be unscheduled. (3) The Union may file an unfair labor practice complaint with the Employment Relations Board if the Employer refuses to bargain. If the Board rules that the change is a permissive or prohibited subject of bargaining, the Union shall withdraw its demand to bargain. If the Board determines the change is a mandatory subject of bargaining, the Parties parties shall meet to negotiate this subject change. (4) Notwithstanding ORS 243.698If, if after ninety (90) days of bargaining, the Parties parties do not reach agreement, either Party the Union may exercise its right to utilize the dispute resolution procedures under the PECBAORS 243.712-ORS 243.726, including the strike- permitted employees’ right to strike (notwithstanding Article 8 – No Strike or Lockout of this Agreement), or, for strike-prohibited employees, the right to submit the matter to binding arbitration. Nothing precludes the Parties from requesting mediation within the ninety (90) day period.