Upcoming Covid Testing Program
Brothers and Sisters,
Management is rolling out a District provided ‘soft-mandatory’ COVID testing program in DMC (Distribution Maintenance & Construction Division) and PCE (Pipeline Construction & Equipment Division).
Today we learned that supervisors told certain work groups that ‘their union agreed to mandatory testing’. This is NOT true. We have been working very hard to maintain safe working conditions in the face of delayed action by the District in light of the risk the virus presents to us and our families, while maintaining the District infrastructure, and our benefits and working conditions.
AFSCME Local 444 has advocated for a voluntary COVID testing program as a mechanism to provide safe working conditions—not a mandatory testing program without an agreement that any time away from work while not sick be without loss of pay. Our latest “meet-and-confer” proposal follows:
The COVID-19 virus creates a new safety hazard for AFSCME Local 444 represented classifications, particularly with the new highly virulent strain, which may be evading the current level of CDC health guidelines for PPE and social distancing. Consistent with Article 26.1 – Safe Working Conditions, the Union and the District have agreed to “devote every effort to ensure that work is performed in a safe manner consistent with the requirements of the work performed.” As such, it is the District’s responsibility to test all individuals, employees, contractors and visitors for COVID-19 before entering any District facility to maintain safe working conditions.
For any Limited Mandatory Testing that affects a subset of AFSCME 444 represented employees, any normally scheduled time that the employee is prevented from reporting to work due to an asymptomatic COVID-19 positive test shall be done so without loss of pay, use of sick leave, vacation or other accruals.
We are waiting for management to bring our proposal to the Board of Directors for approval, but in the meantime they are moving forward with the limited program before Board adoption in the interest of mitigating work hazards and liability. They have committed to the Union that non-compliance will not result in discipline, and that data will not be shared beyond HR notification. If that is not the case, please reach out to me or your shop steward immediately.
We do encourage members to participate in the District’s planned COVID testing program in order to ensure safe working conditions for everyone in accordance with MOU 26.1. This may be seen as a benefit to have on-site testing on District time to help keep you, your friends and co-workers, and your families safe from the virus, or it may be seen as a violation of your privacy. In the case there is concern about the consent form do not sign the consent form. You may opt to test with your healthcare provider on District time, and you should be able to spit in the tube and have results sent to your indicated contact information without waiving any rights. Please coordinate with your supervisor and schedule your test with your healthcare provider if you are unclear about the waiver/consent form.
If you have been required to use your personal sick-leave for any time which you were not sick, but waiting for a symptom free period, a doctor’s note or test results, but otherwise well and ready to return to work. Please let us know. We believe we have protection for this time under MOU 16.1.6 and will seek grievances to recover this lost time.
We will hold a stewards meeting this Saturday, Jan 9th at 3pm to discuss.
Join us at our next General Membership Meeting on Thursday, Jan 21st at 6pm via Zoom to stay informed and share your insight.
In Solidarity,
Eric Larsen, President
AFSCME Local 444
(510) 421-3207