Classified Employees New Contract Overview

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Classified EmployeesNew Contract Overview

• ------Collective Bargaining Agreement------
• (July 1, 2005 June 30, 2007)
• The State of Washington
• Washington Federation of State Employees (WFSE)

2
OBJECTIVES

• Gain an understanding of what was and was not
  negotiable
• Learn the relationship between RCWs, WACs, agency
  policies and articles of the agreement
• Review key elements of each article
• Identify any changes between the old new
  agreements

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THE OLD vs. THE NEW

• THE OLD
• RCW 41.06
• Negotiate over those matters in which the
  appointing authority had discretion
• Within a college
• By bargaining unit

• THE NEW
• RCW 41.80
• Wages, hours, terms and conditions of employment
• Across community colleges
• 1 master agreement for all bargaining units

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MANDATORY SUBJECTS RCW 41.80.020

• Scope of bargaining includes
• Wages - Article 41
• Hours - Article 6
• Apps Certified/Promotional Preferences - Article
  3
• Employer Health Care Costs - Article 42
• Other Terms Conditions

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PERMISSIVE SUBJECTS

• Definition
• Subjects management is not required to bargain
• Exams
• Appointments
• Classification system

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PROHIBITED SUBJECTS RCW 41.80.040

• Functions Programs of the Employer
• Use of Technology
• Structure of the Organization
• Employer budget/size of workforce
• Financial Basis for lay-off of employees
• Right to direct supervise Employees
• Right to take action in case of emergencies
• Retirement plans and retirement benefits

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Contract vs. State Law

• Entire Agreement (pg.72)
• Cannot conflict with federal law or state RCWs
• Preempts all subjects addressed, in whole or in
  part, of WACs 251 and 357
• Supersedes specific provisions of college
  policies, if there is a conflict

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What the Future Holds

• Terms of the Agreement
• July 1, 2005 - June 30, 2007

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HIRING APPOINTMENTS - Article 3

• Application Certified (pg. 4)
• Employer determines the number of applicants
  certified.
• Promotional Preference (pg. 2)
• Employer will consider internal applicants
  (before external) in the following order
• Most Senior Person on Layoff List Rule of I
  (pg. 51)
• Internal Promotional
• Internal Transfer
• Voluntary Demotion

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HIRING APPTS CONT Article 3

• Recruitment (pg. 2)
• Positions will be posted for at least 10 days.
• Probationary/Trial Service Period (pg. 5)
• Employer may extend mandatory 6 month period to
  12 months as needed.
• Employer will extend the period day by day for
  any time taken off by the employee during that
  period.

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HIRING APPTS CONT Article 3

• Types of Appointment (pg. 2)
• Regular
• Cyclic/Seasonal
• Project Employment
• Notification in writing of expected employment
  end date
• In-Training

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TEMPORARY APPTS Article 4

• Temporary/Hourly Employees
• Governed by terms of this article only (pg. 8)
• Released from work for on campus interviews
• Receive regular rate if working during suspended
  operations
• Eligible to grieve if work more than 350 hrs
• Select pieces of process apply

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PERFORMANCE EVALUATION - Article 5

• Training will be provided on
• the evaluation process
• Purpose
• To evaluate performance goals with the employee
• Ongoing evaluation
• Allows employer/employee response at time of
  problem so each can respond
• Evaluated during probationary and trial service
  period and annually thereafter
• Occurrence
• During the probationary, trial service, or
  transition review periods annually thereafter
• Process (not content) subject to grievance
  procedure

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HOURS OF WORK - Article 6

• Full-time employee (pg. 10)
• Average of 40 hrs/week
• Normally includes 2 consecutive days off
• Part-time employee (pg. 10)
• Average less than 40 hrs/week
• Law enforcement employee
• Overtime Eligible or Exempt positions (pg. 11)
  
• Determined by Employer

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HOURS OF WORK CONT Article 6

• Overtime Eligible Employees
• Schedule Changes (pg. 11)
• Workweek written notification by employer
  required.
• Employee Requested (pg. 12)
• Changed with employer approval as long as
  business and customer service needs of college
  are met
• Temporary Lasting 21 calendar days or less
• Requires 3 calendar days prior notification by
  employer
• Permanent Lasting more than 21 calendar days
• Requires 7 calendar days prior notification by
  employer

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HOURS OF WORK CONT Article 6

• Overtime Exempt Employees (pg. 13)
• Not covered by federal or state overtime laws
• Work as many hours as necessary
• Expected to work minimum of 40 hrs/week
• Appointing authorities may approve
  overtime-exempt employee absences for
  extraordinary or excessive hours worked without
  charging leave
• Prior approval for the use of paid or unpaid
  leave for absences of two (2) or more hours is
  required, except for unanticipated sick leave

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OVERTIME - Article 7

• Definition (pg. 14)
• Work
• What is included and what is not
• Overtime
• Work in excess of 40 hr/week
• Overtime Computation
• Calculated to nearest ¼ hour
• No longer rounded to nearest ½ hour
• No longer required to be authorized in writing

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OVERTIME CONT Article 7

• Assignment of Overtime (pg. 15)
• No longer assigned based on employee seniority
• Employer may require employees to work overtime
• Authorized in advance (but not in writing)
• Compensatory Time (pg. 15)
• Granted at 1.5 hours for each hour of overtime
  worked.
• Upon agreement by Employer and Employee
• Must be used by Employee prior to vacation leave
• Accumulation of no more than 160 hours
• Used or cashed out in full by June 30th of each
  year
• Employer can schedule employees to use comp time
  with 7 calendar days notice

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TRAINING EMPLOYEE DEVELOPMENT - Article 8

• Provided in accordance with institutional
  policies and procedures.
• Classified Staff Contract Training
• Provided by Union
• Arranged by Human Resources (pg. 16)

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HOLIDAYS - Article 9

• Ten (10) Paid Holidays
• Eligibility
• Must be in pay status the day before the holiday
• One (1) Personal Holiday
• Eligible to donate for Shared Leave
• All or just a part can be donated
• Amount remaining then used in full (cant be
  split across multiple days)
• Employee requests 14 calendar days in advance
• Must be used in full (cant split across multiple
  days)
• Full-Time 8 hours
• Part-Time Pro-rated
• Must be used each year (doesnt carry over)

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VACATION LEAVE - Article 10

• Vacation Scheduling (pg. 20)
• No longer required to submit requests by April
  15th
• Cannot request vacation in excess of time accrued
  
• Considered on a first come first serve basis
• Charged in ½ hour increments
• Vacation Approval
• Employer must approve or deny request within 10
  calendar days
• If denied, employer must provide reason in
  writing
• Accrual rates
• Rates remain the same, intervals between 2nd and
  5th year increased

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SICK LEAVE VEBA - Articles 11 43

• Accrual
• Will not accrue during LWOP which exceeds 10
  days/month
• Reasons for sick leave usage (pg. 22)
• Sick leave verification
• Can be required by employer for any absence
• Notification of sick leave usage
• 2 hrs prior to shift if relief replacement
  required
• Cash out (pg. 23)
• 1 hr for every 4 hrs accrued in excess of 480 hrs
• Reemployment

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FAMILY MEDICAL LEAVE - Article 13

• Eligibility (pg. 27)
• Employed by state for at least 12 months, and
• 1250 hours during the 12 month period
• Does not include vacation, sick or shared leaves,
  exchange time, personal holidays, compensatory
  time off
• Rolling twelve (12) months
• Measured from date an employee begins FMLA
• Employer designated (pg. 28)
• Runs concurrent with use of paid or unpaid leave
• Excludes leave for a work-related injury/illness
• Compensatory time

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SUSPENDED OPERATIONS - Article 15

• Work compensated at 1.5 x regular rate
• Inclement Weather (pg. 30)
• Employees unable to report to work
• Vacation leave, personal holiday
• Leave without pay
• Non Operational Site (pg. 30)
• Status determined by Employer
• Public Health, Property or Safety in Jeopardy
• Prior notification not given
• No loss of pay for first day off
• Additional days of closure
• Vacation Leave, Personal Holiday or Leave without
  Pay

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MISCELLANEOUS LEAVE Article 16

• Bereavement
• Jury Duty
• Personal Leave
• Additional personal holiday (1 day) to be used
  during life of agreement

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LEAVE WITHOUT PAY - Article 17

• WILL be granted vs. MAY be granted (pg. 31)
• Limited to 12 months or fewer in a 5 year
  consecutive period.
• Return rights
• Authorized LWOP guarantees re-employment in same
  job classification

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UNIFORMS, TOOLS EQUIPMENT Article 19

• Accountability (pg. 34)
• Employees are responsible for maintaining
  equipment/tools assigned to them.
• Must be clean and serviceable

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DRUG ALCOHOL FREE WORKPLACE - Article 20

• Prescription over-the counter medications
• Testing
• Employees required to have CDL, or perform safety
  sensitive functions
• Subject to pre-employment, post-accident, random
  and reasonable suspicion testing
• Reasonable suspicion for all

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PRIVACY OFF-DUTY CONDUCT - Article 26

• Off-Duty Activities
• RCW 42.52 Ethics in Public Service
• When are off-duty activities grounds for
  discipline conflict or nexus?
• Reporting of arrests, court-imposed sanctions or
  conditions

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DISCIPLINE - Article 27

• Just Cause (pg. 39)
• Types of Discipline
• Oral written reprimands
• Reductions in pay
• Suspensions
• Demotions
• Discharges
• Prior to Imposing Discipline
• Written reasons for contemplated discipline
  explanation of evidence
• Loudermill opportunity (legal requirement)

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DISCIPLINE CONTINUED Article 27

• Role of Union
• Provides assistance and counsel to employee
• Cannot interfere with Employers right to conduct
  investigation
• Upon Employee Request
• Investigatory interview
• Pre-disciplinary meeting
• If requested representative is not reasonably
  available, employee must select another
  representative who is available

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DISCIPLINE CONTINUED Article 27

• Subject to the Grievance Procedure
• Removal of Documents
• Oral reprimands
• Removed after 3 years under specific situations
• Written reprimands, reductions in pay,
  suspensions demotions
• Removed after 7 years under specific situations

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GRIEVANCE PROCEDURE Article 28

• Definition (pg. 41)
• Violation, misapplication, or misinterpretation
  of agreement
• Process
• Filing
• Alternate Resolution
• Steps of Grievance
• Appeals
• Timelines
• Failure by college to meet deadlines advances
  grievance to next step
• Failure by Union to meet deadlines results in
  automatic withdrawal of grievance

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GRIEVANCE PROCEDURE CONT Article 28

• Contents of Grievance (pg. 41)
• Nature of Grievance
• Facts upon which it is based
• Specific Article/Section of agreement violated
• Specific remedy requested
• Name/Signature of grievant or union rep

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LEGAL DEFENSE - Article 29

• Employee Liability
• Employee may request (RCW 4.92)
• Representation
• Indemnification

36
PERSONNEL FILES - Article 31

• One (1) Official Personnel File
• Maintained in Human Resources
• Review of File
• Employee may access at any time
• Written authorization required for employee rep
  to review
• Adding Documents
• Employee may include reasonable amount of job
  related material
• Adverse material or information
• Employee provided copy of material within 7 days
• Anonymous material will not be included

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REASONABLE ACCOMMODATION DISABILITY SEPARATION
- Article 32

• Comply with law (Federal State)
• Employees may request accommodation
• Must cooperate with the Employer
• Employer may request supporting medical
  documentation
• Employer determines if an employee is eligible
  for accommodation and the final form of
  accommodation
• Disability Separation
• When employee cannot be accommodated given
  ability to immediately separate
• Grievance
• In accordance with Article 28

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LAYOFF RECALL - Article 33

• Basis for Layoff (pg. 49)
• Lack of funds
• Lack of work
• Organizational Change
• Temporary Reduction of Work Hours or Layoff
• Not entitled to bump, be placed on layoff
  register or be paid any leave balance
• May temporarily lay off up to 90 days
• May temporarily reduce to no less than 20
  hrs/week
• 7 calendar days notice required
• Layoff Units

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LAYOFF RECALL CONT Article 33

• Layoff Options (pg. 51)
• Institution wide options
• A funded vacant position within current
  classification
• A funded filled position held by least senior
  within current classification
• A funded vacant or filled position held by least
  senior, at same or lower salary range, within job
  classification employee has held permanent status
• Salary Impacts
• Transition Review Period

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LAYOFF RECALL CONT Article 33

• Notification Requirements permanent layoff
• 20 calendar days advance notice to employee
  Union
• Notice includes
• Basis for layoff
• Layoff Options Date to Respond By
• Specific Layoff Lists which the employee will be
  on

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LAYOFF RECALL CONT Article 33

• Recall (pg. 54)
• Layoff list maintained by employer
• Employees organized by job classification
• Remain on list for 2 years
• Can refuse recall offer 3 times
• Project Employment
• Layoff rights within the project
• Rights of permanent employees

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MANAGEMENT RIGHTS - Article 34

• RCW 41.80.040
• Prohibited subjects of bargaining
• Consistent with this Agreement . . .
• What does this mean and how do you apply it?

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UNION-MANAGEMENT COMMUNICATION COMMITTEES -
Article 36

• Purpose (pg. 56)
• Provide communication between parties
• Promote constructive relations
• Not Used For
• Negotiations, bargaining, or modification of
  agreement
• Participants
• 6 employer 6 employee representatives
• Each group keeps their own meeting notes
• Agenda items exchanged prior to meeting

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SENIORITY - Article 37

• Definition (pg. 57)
• Length of unbroken classified service
• Certain LWOP will not be counted
• Application applies prospectively
• Seniority List
• Prepared/posted by employer annually
• Ties in Seniority
• Longest continuous employment in current
  classification
• Longest continuous employment at institution
• By lot

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UNION ACTIVITIES - Article 38

• Upon request, employees will have the right to
  representation at all levels on any matter
  adversely affecting their conditions of
  employment. (pg. 58)
• Exercising this right will not cause a delay or
  postponement to a meeting
• Union Stewards/Representatives
• Granted time off with prior approval
• Must provide estimate to supervisor of
  approximate time gone
• Must complete college work requiring immediate
  attention first
• Employer can stop granting time if the release is
  effecting the employees ability to get their job
  done

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UNION ACTIVITIES CONTArticle 38

• Meeting Space Facilities
• Availability of space
• Agency policy
• Approval
• Supplies Equipment
• E-mail, Fax Machines, Internet, Intranets
• Who, when, why
• Bulletin Boards
• Time off for Union Activities
• Up to 6 month LWOP with 30 days notice
• Rights to return Same job class geographic
  location

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UNION ACTIVITIES CONTArticle 38

• Status Reports
• Union provides list of staff reps
• Within 30 days of contract
• College provides list of all employees to union
• Required information
• Name, mailing address, job class, dept,
  bargaining unit

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DUES DEDUCTION Article 39

• Union Dues
• Written authorization from employee
• Notification to employees
• Must occur before employment
• Union Security (pg. 62)
• Must contribute to 1 of the following within 30
  days of employment
• Membership
• Agency Shop Fee
• Non-Association Fee
• Representation Fee

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CLASSIFICATION - Article 40

• Newly proposed or changes to existing position
  (pg. 63)
• Upon request of Union, will bargain effects on
  position
• Reallocation
• Not subject to Grievance Procedure
• Employer initiated
• Higher Job Class 5 salary increase
• Equal Job Class No change in pay
• Lower Job Class No change in pay
• Y Rate
• Position Review
• Employee initiated reallocation
• Human Resources reviews and provides
  determination within 60 days
• Decision can be appealed to Director of DOP

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COMPENSATION Article 41

• Higher Level Duties (pg. 66)
• Temporarily assigned for more than 15 days
• Notified in writing
• Receive 5 increase in pay
• Increases
• July 1, 2005 3.2
• July 1, 2006 1.6
• Ends June 30, 2007
• Classification Consolidation
• RCW 41.06.136 (2)
• Implement initial phase of DOP consolidation
  project
• Salary Survey to 25 of Prevailing Rate
• DOP 2002 Salary Survey
• Effective July 1, 2005

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COMPENSATION CONT Article 41

• Establishing Salaries for New Employees
• Periodic Increases
• Callback
• Shift Premium
• Standby
• Relocation Compensation
• Assignment Pay

• Salary Assignment Upon
• Promotion
• Demotion
• Transfer
• Reassignment
• Reversion
• Elevation

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COMPENSATION CONT Article 41

• Salary Overpayment (pg. 70)
• Written notification to employee
• Amount of overpayment
• Basis for claim
• Rights of employee
• Method of Payback
• Voluntary wage deduction
• Cash
• Check
• Appeal Rights
• Grievance procedure applicable

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Health Care Benefits Article 42

• Dependent Care Salary Reduction Plan
• Flexible Spending Account
• Pretax Medical Expense Reimbursement
• Employer Costs Benefit Amounts
• 663 from July 1, 2005 June 30, 2006
• 744 from July 1, 2006 June 30, 2007

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OTHER ARTICLES

• Union Recognition Article 1
• Non-Discrimination Article 2
• Work-Related Injury/Illness Article 14
• Safety Health Article 18
• Travel Article 21
• Commute Trip Reduction Parking Article 22
• Leisure Certification Article 23
• Volunteer Student Workers Article 24
• Presumption of Resignation Article 25
• Employee Assistance Program Article 30
• Childcare Centers Article 44
• Employee Lounge Facilities Article 45
• Strikes Article 46
• Savings Clause Article 48
• Printing of Agreement Article 49

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Questions not yet answered.

• How my actions may affect other
  colleges/institutions.