Union talks retaliation, emergency response

Administration eliminated three IT staff and outsource those jobs to a contractor, as part of “a strategic decision to expand our partnership with Wasco County Information Services,” according to a statement from administration given by public information officer Tom Penberthy. 

Hancock noted an allegation that the IT director was fired, and escorted to his car.

The other employees remain on staff in other roles, Penberthy said.

Academic professionals normally receive employment agreements in mid-June. By July 6, they hadn’t received new agreements.

According to a statement from administration, the delay was “small” and contracts have now been renewed for employees who aren’t union members. Academic Professionals have not received contracts because they’ll be covered by the agreement currently under negotiation, said communications officer Tom Penberthy.

Administration also moved to place one other employee of 17 years on administrative leave pending a decision on their employment. Union intervention delayed the process, Hancock wrote.

“After working hard to help the college gain public support for funding during the most recent bond measure election, employees hoped the admin would support us back and protect our livelihoods. Employees feel betrayed and disheartened,” the union statement read.

The college sought to strike the union’s proposal to add language that says, nothing in the new contract shall limit employees’ right to criticize and seek revision of the policies and administration rules of the college, without retaliation. 

Union president Rob Kovacich told CGCC Vice President Jarett Gilbert, “The very first day we started, you asked why [academic professionals] wanted to be in the union. And I told you it was because they were fearful of losing their jobs. And that right there is one of the main reasons. They speak out about something they think is bad, and — they won’t do that because they’re fearful of losing their job. And a lot of the time those concerns and criticism could help the institution as a whole, but they’re worried they can’t say it.”

Union Vice President tina ontiveros said on June 26, “Right now, if somebody feels they are retaliated against, a lawsuit is really their only option. Because there’s nothing in the contract about retaliation.”

CGCC currently faces two lawsuits from employees, one of whom is seeking more than $800,000 for alleged dismissal and alleged discrimination due to a disability. The other seeks more than $76,000 for alleged breaking of an oral contract promising part-time employment to make up for a reduction in wages.

“The administration bargaining team does not object to workplace protections for employees—Oregon state law protects all employees from workplace retaliation—the college’s position is that inclusion of the union-proposed language in the bargaining agreement is redundant,” read the administration’s statement to Columbia Gorge News.

As college Gilbert said during bargaining, the college wants to keep the language “succinct” and simple. Management is also unhappy with what these additions are “insinuating,” Gilbert said.

“This week, some of our colleagues have been walked to our cars, and told not to come back,” ontiveros said. “So I think this is, probably a little sensitive today. But  ... if it’s true anyway that people are allowed to speak up without retaliation, then we don’t understand what the hang-up is in including it in the contract.”

“We didn’t write anything in here for the hell of it. We wrote it because it’s happened. Happening,” said Kovacich.

Administration agreed to language that binds all contracted parties to “continue” to abide by all federal, state and local laws, and modify any college policies and procedures to match this new contract if needed.

Other arguments still include the handling of emergencies, email and lack of orientations for new employees.

Union reps want CGCC to post schedules that keep employees from being alone in an open building, and provide a working landline in each room, they said during the meetings.

Gilbert objected that landlines are not accessible in every classroom, and this would bring up a whole lot of questions over whether those rooms can be used currently.

In response, union members shared stories of being alone without good cell service, without working landlines and without specific instructions during fire alarms, and during an alleged active shooter incident at Safeway. One professor on the union team recalled showing up to find her math classroom had been rented to a high school, leaving her students waiting outside. 

The union gets “constant and consistent complaints” of being alone in a building, ontiveros said. 

Administration told Columbia Gorge News they’re acknowledging the feedback, investigating the problems, and “actively reviewing emergency communication infrastructure and staff scheduling to improve safety for all employees.”

The union also asks to make orientation mandatory — again. Currently, ontiveros and Kovacich alleged that onboarding and orientation are not always available before employees are expected to begin working and teaching. “We believe ... a lot of disciplinary issues, and other issues, come from us not being onboarded very well,” ontiveros said. “... We do have folks who don’t always know how to get into their email in time, or have their key cards, or their coy cards, before they’re expected to start work ... it’s really disorientating, and it really impacts our ability to serve students.”

Administration told CGN orientations are “currently a high priority” in CGCC’s Operational Plan.

Teachers without email access can’t respond to students without committing a FERPA violation.

Ryan Brusco, representing academic professionals on the union team, noted that the administration team was “very upset” about union use of emails. 

Administration clarified to CGN their concern is “with union-specific emails sent to every college employee—whether union members or not—without working with administration on messaging to ensure it is in the wider college interest.”

On June 26, the union proposed to resolve the ongoing argument on whether Oregon House Bill 2016 allows the use of work email addresses for union matters. They pulled a precise definition of protected uses from HB 2016: Emails can be used to make and administer collective bargaining agreements; investigate grievances and disputes; and for matters involving the governance or business of the union.