RFP 6124 Att D - Labor Relations Agreement Attestation.pdf

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Attached to
Request for Proposals - Agency with Choice Services
Solicitation number
S-10000-00013757
Issued by
Oregon

About this file

The Labor Relations Agreement Attestation is a document from the Oregon Health Authority (OHA) and Oregon Department of Human Services (ODHS) related to House Bill 4129, effective January 1, 2025, which allows these agencies to contract with up to two agencies to provide Agency with Choice services. The document is part of RFP S-10000-00013757/6124 and requires proposers to attest to their labor relations status regarding Direct Support Workers, specifically detailing their interactions with labor organizations seeking to represent or already certified to represent their workers.

The attestation requires proposers to choose from three scenarios: 1) a labor organization is seeking to represent workers and the proposer must provide a Labor Peace Agreement, 2) a labor organization is currently certified to represent workers and the proposer must either confirm the organization does not want a Labor Peace Agreement or attach an existing agreement, or 3) no labor organization is currently seeking representation, in which case the proposer must have notified relevant labor organizations and waited three weeks for potential responses. Failure to comply with these labor relations requirements can result in denial of licensure or certification by ODHS and OHA.

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AWC LABOR RELATIONS AGREEMENT ATTESTATION | July 1, 2025

OREGON AGENCY WITH CHOICE

Labor Relations Agreement Attestation

Agency with Choice House Bill 4129, which became effective on January 1, 2025, provides that ODHS and OHA may contract with up to two agencies (“Contractors”) to provide Agency with Choice services as described in OAR Chapter 411, Division 039, and Chapter 309, Division 405. Agencies that contract with ODHS and OHA (the successful “Proposer”) must meet labor relations requirements as outlined in House Bill 4129.

Depending on Proposer’s response to the following, it may be necessary to submit separate attestations for each Population/Agency. By submitting a proposal in response to RFP S-10000- 00013757/6124, Proposer attests to the following (Please initial the paragraph below that applies):

______1. A labor organization is seeking to represent the Direct Support Workers employed by Proposer. Proposer understands it must provide ODHS and OHA a Labor Peace Agreement signed or certified by an authorized representative of the labor organization seeking to represent Proposer’s Direct Support Workers. The Labor Peace Agreement must include a process for the resolution of labor disputes with the Direct Support Workers employed by Proposer. For purposes of this paragraph, labor organization means a labor organization that represents employees in Oregon or a neighboring state which provides services similar to the Direct Support Worker services provided by the Direct Support Workers employed by Proposer.

Proposer attests that the Labor Peace Agreement Proposer entered with the labor organization is attached to Proposers Proposal.

2. A labor organization is currently certified to represent the Direct Support Workers employed by Proposer. Proposer attests that either:

______ (a) The labor organization currently certified to represent Proposer’s Direct Support

Workers has informed Proposer that it does not wish to enter into a Labor Peace Agreement with Proposer. Attached to this attestation is a description of Proposer’s processes to ensure the uninterrupted delivery of Direct Support Worker services in the event of a labor dispute. (Attach separate sheet); or

______ (b) Proposer’s Labor Peace Agreement with the labor organization is attached to

Proposer’s Proposal.

______3. There is no labor organization seeking to represent or currently certified to represent the Direct Support Workers employed by Proposer. Proposer attests that Proposer has notified all labor organizations certified to represent employees in

AWC LABOR RELATIONS AGREEMENT ATTESTATION | July 1, 2025

Oregon who provide services similar to the services to be provided by the Direct Support Workers employed by the Individual that Proposer wishes to enter into a Labor Peace Agreement. Proposer attests that three weeks have elapsed since the notice was given and either:

a) No labor organization responded to Proposer’s notice, or

b) No labor organization expressed interest in representing the Direct Support Workers employed by Proposer.

A copy of Proposer’s notice is attached to this attestation.

Nothing in this attestation prohibits workers employed by the successful Proposer from engaging in protected concerted activity.

Failure to abide by the applicable labor relations requirement will be grounds for ODHS and OHA to deny an application for licensure/certification or renewal.

By signing this attestation, Proposer certifies it is the above listed business and that all information in this document is true and accurate.

Print Name of Proposer:

Contact Email: Contact Phone Number:

Proposer Signature: Date:

Attestation

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