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Training Objectives  Understand Employer Goals & Objectives  Overview of WFSE Higher Education master collective bargaining agreement  Identify key.

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Presentation on theme: "Training Objectives  Understand Employer Goals & Objectives  Overview of WFSE Higher Education master collective bargaining agreement  Identify key."— Presentation transcript:

1 Training Objectives  Understand Employer Goals & Objectives  Overview of WFSE Higher Education master collective bargaining agreement  Identify key changes from WFSE Higher Education 07-09 agreement and intent

2 General Principles of Contract Interpretation  Clear and unambiguous language should be applied as written  Contract provisions should be read within the context of the whole agreement  HR should be consulted for any question regarding interpretation of a contract provision  HR should be notified of any change in work conditions that may involve the union contract

3 2009-2011 WFSE Higher Education Master Collective Bargaining Agreement Contract Overview Training Facilitator Guide

4 Bargaining Goals and Objectives  Look forward to the future  Stay focused on the critical issues  Solve problems in a positive, collaborative way  Build a stronger, more accountable government  Improve delivery of services to students and the citizens of the State  Provide good working conditions to state employees, with a fair salary and benefit package

5 Financial Feasibility  RCW 41.80.010 (3) Requires Director, OFM to certify financial feasibility  December 17, 2008 Determination by Director, OFM  Memorandum of Understanding

6 Preamble  Added Intent Language which is not Grievable  List of Universities and Community Colleges/Districts covered by Master Agreement

7 Article 1 Union Recognition  Appendix A – “Bargaining Units Represented by the WFSE”  What happens when new units are certified during term of agreement?

8 Article 2 Non-Discrimination  New discrimination categories Military status Honorably discharged veteran  If grievance and internal complaint, suspend grievance  AA plan  HRC/OCR/EEOC complaints

9 Article 3 Workplace Behavior New Article  Mutual respect and professionalism All employees responsible for contributing to a respectful & professional work environment  Inappropriate workplace behavior will not be tolerated Report to supervisor, manager and/or HR office Will look into and take appropriate action Employee and/or Union will be notified upon conclusion  Grievability

10 Article 4 Hiring and Appointments  Employer determines when to fill, type of appointment, skills & abilities  Positions posted at least 10 days, consider accessibility and geography  Will offer 2 transfer or voluntary demotion candidates an interview  Internal layoff register – “Rule of 1” by seniority plus skills & abilities, except CWU

11 T Types of Appointments  Types of Appointments Regular Employment Cyclic Year Employment Project In-Training

12 Review Periods Probationary & Trial Service  6 months, except LE  May extend to 12 months  Extend for LWOP & shared leave (not military leave)  Prob Sep - 1 day notice; Trial Service Reversion- 3 days  Not grievable Trial Service  Revert to vacant previous position or at or below previous salary range  If skills & abilities  No options, layoff list  Voluntary, within 15 days to previous position

13 Article 5 Temporary Appointments  Application  Appointment  Compensation  Remedial Action  Article specifies rights  Grievances

14 Article 6 Performance Evaluations  Evaluated during probation, trial service & transition periods and at least annually thereafter  Must notify if unsatisfactory performance  Process subject to grievance procedure, not content  Will not be used to initiate transfers, promotions or discipline

15 Article 7 Hours of Work  Definitions Full-time & Part-time Employees Overtime-Eligible Employees Overtime-Exempt Employees 7(k) Law Enforcement (LE) & LE Employees

16 Overtime-Eligible and Overtime-Exempt Employees  Overtime-Eligible Work Schedules Schedule Changes Telephone Calls Meal & Rest Periods Positive Time Reporting LEs Subpoenaed to Court  Overtime-Exempt

17 Article 8 Overtime  Definition of Work What is included for overtime purposes What is excluded for overtime purposes  Overtime Eligibility and Compensation Overtime-eligible employee works over 40 hrs in a workweek; TESC 7(k) works over 160 hrs/28 days or WWU 7(k) works over 120 hrs/21 days  Assignment of Overtime

18 Compensatory Time  Comp Time Eligibility Upon agreement  Comp Time Maximum 160 hours  Comp Time Use Prior to vacation, except for Domestic Violence Leave  Comp time Cash Out with Exception Used by June 30 th or cashed out Other times for cash out

19 Article 9 Training & Employee Development  Training & Employee Development Provided per institution policy and available resources  Master Agreement Training Up to 30 minutes to travel, to and from  Tuition Fee Waiver  New Employees

20 Domestic Violence Leave  RCW 49.76 Eligibility (public employees) Qualifying event Notice to the employer Verification Job protection  Cited in leave articles

21 Military Family Leave Entitlements  Federal Service Member Family Leave Qualifying Exigency Leave  State Military Family Leave Act

22 Article 10 Holidays  10 paid holidays  1 personal holiday  Eligibility  Compensation  Ability to: Donate personal holiday for shared leave or use portions for Family Care, Military Family or Domestic Violence Leaves

23 Article 11 Vacation Leave  Accrual Rates CWU exception  Vacation Scheduling 24/7 Operations Amount actually used  Maximum Accrual

24 Vacation Leave Use Family Care Military Family Leave Act Domestic Violence Leave Act Sick Leave Purposes Emergency Childcare

25 Article 12 Sick Leave  Accrual CWU exception  Reasons for Sick Leave  Sick Leave Reporting and Verification  Cash Out  Reemployment

26 Article 13 Shared Leave  New Reasons: Assisting in an emergency Victim of domestic violence  Definitions  Respond to a request within 14 calendar days  Use  Donation  Returning Leave

27 Article 14 New Article Uniform Service Shared Leave Pool  Creates a pool of shared leave  Military salary plus shared leave will not exceed monthly salary  Granted based on $ in the pool and need as defined by the Military Dept  Not grievable

28 Article 15 Family Medical Leave  Reasons Exigency leave, when family member called to active duty Service member family leave  Amount of Time 12 workweeks/12 months of leave, except 26 workweeks for Servicemember Family Leave  FMLA Concurrent with Other Leave

29 Article 16 Work-Related Injury or Illness  Time-loss compensation plus sick leave, vacation leave or compensatory time

30 Article 17 Suspended Operations  Pay for the First Day (Partial or Whole Day)  Employee options personal leave up to 3 days of sick leave  Severe Inclement Weather Options  Employees Required to Work. 5 penalty pay/hr If no callback, 2 hr minimum per day

31 Article 18 Miscellaneous Paid Leaves  Bereavement- added relatives  Jury Duty  Interviews  Life-Giving Procedures  Personal Leave 1 day per fiscal year Positions requiring backfill Can use part for: family care, military family and domestic violence leave

32 Article 19 Leave Without Pay  “WILL” be granted Added volunteer fire fighting, military family leave and domestic violence leave  “MAY” be granted  Limitations-12 months/5 yrs with exclusions  Return rights

33 Article 20 Safety and Health  Shared responsibility  Will comply with WAC 296-360-150  Will address issues in a timely manner and take appropriate action  Will provide safety equipment /apparel and safety orientation or training  Joint safety meetings  Ergonomic assessments

34 Article 21 Uniforms, Tools and Equipment  Uniforms Where required, will determine and provide or provide equivalent allowance Current practices regarding provision and maintenance  Tools & Equipment Current practices Who Pays?

35 Article 22 Drug and Alcohol Free Workplace  Prescription & Over-the-Counter  Safety-Sensitive Functions  Reasonable Suspension Testing  Post -Accident Testing  Rehabilitation  Discipline  Training

36 Article 23 Travel  Reimbursement for travel expenses  Follow OFM regulations and Employer policy

37 Article 24 CTR and Parking  Support for Commute Trip Reduction  May Charge Parking Fees “Me Too” language

38 Article 25 Licensure and Certification  Current Practice or below, whichever is the greater benefit to the employee  Conditions of Employment Employee pays  Outside Entity Employer pays first time, then employee pays  Employer Convenience Employer pays

39 Licensing and Certification Reporting  Employees will report within 24 hours or prior to scheduled work shift, if work- related license and/or certification has: Expired Been restricted Revoked Suspended

40 Article 26 Volunteers and Student Workers  Supplement not Supplant  Will not supervise bargaining unit employees

41 Article 27 Resignation & Abandonment  Resignation  Abandonment Unauthorized absence + fail to contact Employer for 3 consecutive days Make reasonable attempts to contact Must call contact numbers  Notice of Separation Certified mail Last known addre ss  Petition for Reinstatement Postmarked within 15 calendar days  Grievability Limited to info in petition

42 Article 28 – Privacy and Off-Duty Conduct  Right to Confidentiality  Off-Duty Activities Grounds for discipline Notification of arrests or court-imposed sanctions or conditions

43 Article 29 Discipline  May Discipline a Permanent Employee with “Just Cause”  Types of Discipline  Notice  Pre-disciplinary Documents  Representation

44 Article 30 Grievance Procedure  Definition  Filed by the Union  Computation of Time  Pay  Group Grievances  Election of Remedies  Alternative Resolution Process

45 Grievance Filing and Processing  Filed within 21 days (CWU/WWU), 28 days (CCs) or 49 days (TESC)  Step 1- Supervisor, Manager or Designee  Step 2- HR Office Designee  Step 3- President/  Chancellor or Designee  Step 4- PARM or Mediation  Step 5- Arbitration

46 Article 31 Legal Defense Right to request representation through the Employer per RCW 4.92

47 Article 32 Employee Assistance Program  Employer provided  Employees can request a schedule adjustment to participate

48 Article 33 Employee Files  Files Types Confidentiality  Review of all Files  Removal of Documents Written reprimands Discipline

49 Article 34 Reasonable Accommodation and Disability Separation  Employees may request Reasonable Accommodation Employer procedures Must cooperate May require supporting medical documentation Employer determines if eligible for accommodation and final form of accommodation  Disability Separation When employee cannot be accommodated Effective immediately  Rights following Separation Reemployment assistance for 2 years Can grieve to arbitration

50 Article 35 Layoff & Recall  Definition Separation Employment at a lower salary range Reduction in work year Reduction in number of work hours  Basis  Volunteers  Temporary reduction in hours No less than 20 hrs per week  Temporary layoff 90 days  Layoff Units Appendix B

51 Layoff Unit & Institution-wide Options  Layoff Unit Options Seniority + skills and abilities Order of options Class consolidation Layoff lists  Institution-wide Options Up to 3 funded vacant positions within district, same or lower range  Skills and Abilities Employer determines  Comparable Positions

52 Other Layoff Requirements  Notification Union Employee  Salary Impacts  Transition Review Period  Recall Budgets Cuts + 3 years on layoff list Three refusals

53 Article 36 Management Rights How do you balance Management’s right to make a decision with the requirement to bargain the impacts?

54 Article 37 Mandatory Subjects  Employer Notifies Union Emergency language  Union may request Discussions and /or Negotiations Within 14 days  Release Time

55 Article 38 Union/Management Communication Committee  Purpose Build a Positive Relationship  Participation and Process  Scope of Authority Discussions only

56 Article 39 Seniority  Definition Unbroken classified service  Adjustments When do you? When don’t you? Veteran’s Credit  Ties Longest continuous time in job class Longest continuous time with institution Lot  Seniority List Posted annually 14 days to appeal Copy to the Union

57 Article 40 Union Activities  Representation  Staff Representatives - Policies  Union Stewards and Employees  Use of State Resources and Equipment  Bulletin Boards and Newsstands  Distribution of Material  Council President & VP  2011-2013 Negotiations

58 Article 41 Dues/Fees Deduction and Status Reports  Dues /Fees Written authorization Union changes  Notification  Union Security  Voluntary Deduction Report electronically  Status Reports Provided electronically to Union by CIS/CWU/ WWU Ensure positions are properly coded  Indemnification University or College/District CIS

59 Article 42 Classification  Classification Plan Revisions Notification to the Union  Position Review Process Appeal to WPRB  Position Reallocation Impact on incumbent Notification to the Union

60 Article 43 Compensation  Maintain Current Salary Grids  Step M for General and SP Ranges  Salary Overpayment Cannot exceed 5% of employee’s disposable earnings in a pay period  Assignment Pay

61 Article 44 Health Care Benefits Amounts  Maintain 12/88% Health Care Premium Split  Maintain Employer Paid Basic Life, Basic Long-Term Disability and Dental Insurance Coverage  Wellness- Health Risk Assessment

62 Article 45 VEBA  Coverage WFSE bargaining units may agree to be covered by a VEBA

63 Article 46 Childcare Centers  Access  Notification

64 Article 47 Employee Lounge Facilities  Lounges  Lunchrooms, breakrooms, washrooms, etc.  Storage for personal items

65 Article 46 Strikes  Article Paraphrases RCW 41.80.060 “Nothing in this Agreement permits or grants to any employees the right to strike or refuse to perform his or her official duties.”

66 Article 49 Contracting  Employer determines services to be contracted  Must follow Competitive Contracting RCWs and WACs

67 Article 50 New Article Shared Services  Will consider Union proposals  Limited Grievability

68 Article 51 Entire Agreement  Past Practices Grandfathered from 7/1/07 forward  WAC 357 Agreement preempts all subjects addressed in whole or in part  Institution Policies Agreement supersedes all provisions with which it conflicts  Zipper Clause

69 Article 52 Savings Clause  Standard Language If any court or administrative agency finds an article or portion of an article unlawful or invalid, need to be available to negotiate a substitute.

70 Article 53 Printing of Agreement  Printing Braille and large-print copies, as needed Use Union printers Bright green cover  Web Sites Employer will make the Agreement available on Employer websites by July 1

71 Article 54 Terms of Agreement  Effective Dates July 1, 2009 – June 30, 2011  Successor Agreement Must request no sooner than January 1, 2010 and no later than March 1, 2010

72 Appendix A Bargaining Units  WFSE HE Bargaining Units Lists all of the units covered by the CBA and their PERC, HEPB or WPRB decision numbers

73 Appendix B Layoff Units  Layoff Units for each University and College/District

74 Appendix F New Assignment Pay  Group A- CWU Classes  Group B- All Colleges may Use  Group C- CWU Classes

75 Appendix G New Central Washington University Grandfathered  Hours of Work  Overtime  Vacation Leave  Suspended Operations  Misc Paid Leaves  Employee Files  Layoff and Recall  Compensation  Contracting  EFT

76 Appendix H The Evergreen State College  Wellness  Educational Benefits  Parking

77 Appendix I New Western Washington University Grandfathered  Hiring & Appointments  Hours of Work  Overtime  Holidays  Vacation Leave  Suspended Operations  Layoff and Recall  Union Activities  Compensation

78 MOU Pretax Parking  Pretax Parking and Pretax Bus Passes  Cascadia and Tacoma already offer

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