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

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

2009-2011 WFSE Higher Education MasterCollective Bargaining Agreement

Contract Overview Training

Facilitator Guide

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

Financial Feasibility RCW 41.80.010 (3)

Requires Director, OFM to certify financial feasibility

December 17, 2008 Determination by

Director, OFM Memorandum of

Understanding

Preamble

Added Intent Language which is not Grievable

List of Universities and Community Colleges/Districts covered by Master Agreement

Article 1 Union Recognition Appendix A – “Bargaining Units

Represented by the WFSE” What happens when new units are

certified during term of agreement?

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

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

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

T

Types of Appointments

Types of Appointments Regular Employment Cyclic Year Employment Project In-Training

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

Article 5 Temporary Appointments

Application Appointment Compensation Remedial Action Article specifies rights Grievances

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

Article 7 Hours of Work

Definitions Full-time & Part-time Employees Overtime-Eligible Employees Overtime-Exempt Employees 7(k) Law Enforcement (LE) & LE

Employees

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

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

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 30th or cashed out Other times for cash out

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

Domestic Violence Leave RCW 49.76

Eligibility (public employees) Qualifying event Notice to the employer Verification Job protection

Cited in leave articles

Military Family Leave Entitlements Federal

Service Member Family Leave

Qualifying Exigency Leave

State Military Family Leave

Act

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

Article 11 Vacation Leave Accrual Rates

CWU exception Vacation Scheduling

24/7 Operations Amount actually used

Maximum Accrual

Vacation Leave Use

Family Care Military Family Leave Act Domestic Violence Leave Act Sick Leave Purposes Emergency Childcare

Article 12 Sick Leave Accrual

CWU exception Reasons for Sick Leave Sick Leave Reporting and

Verification Cash Out Reemployment

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

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

Article 15Family 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

Article 16 Work-Related Injury or Illness Time-loss compensation plus

sick leave,vacation leaveor compensatorytime

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

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

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

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

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?

Article 22Drug and Alcohol Free Workplace

Prescription & Over-the-Counter

Safety-Sensitive Functions

Reasonable Suspension Testing

Post -Accident Testing

Rehabilitation Discipline Training

Article 23Travel Reimbursement

for travel expenses

Follow OFM regulations and Employer policy

Article 24 CTR and Parking

Support for Commute Trip Reduction

May Charge Parking Fees “Me Too” language

Article 25Licensure 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

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

Article 26Volunteers and Student Workers

Supplement not Supplant Will not supervise bargaining unit

employees

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 address

Petition for Reinstatement Postmarked within 15

calendar days

Grievability Limited to info in petition

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

Article 29 Discipline

May Discipline a Permanent Employee with “Just Cause”

Types of Discipline

Notice Pre-disciplinary

Documents Representation

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

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

Article 31Legal Defense

Right to request representation through the Employer per RCW 4.92

Article 32 Employee Assistance Program

Employer provided

Employees can request a schedule adjustment to participate

Article 33Employee Files

Files Types Confidentiality

Review of all Files Removal of

Documents Written reprimands Discipline

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

Article 35Layoff & 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

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

Other Layoff Requirements Notification

Union Employee

Salary Impacts Transition Review Period Recall

Budgets Cuts + 3 years on layoff list Three refusals

Article 36 Management Rights

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

Article 37 Mandatory Subjects

Employer Notifies Union Emergency language

Union may request Discussions and /or Negotiations Within 14 days

Release Time

Article 38 Union/Management Communication Committee

Purpose Build a Positive

Relationship Participation and

Process Scope of Authority

Discussions only

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

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

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

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

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

Article 44Health 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

Article 45 VEBA

Coverage WFSE bargaining units may agree to be

covered by a VEBA

Article 46Childcare Centers Access Notification

Article 47Employee Lounge Facilities

Lounges Lunchrooms, breakrooms,

washrooms, etc. Storage for personal items

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.”

Article 49Contracting

Employer determines services to be contracted

Must follow Competitive Contracting RCWs and WACs

Article 50 New ArticleShared Services

Will consider Union proposals

Limited Grievability

Article 51Entire 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

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.

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

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

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

Appendix BLayoff Units

Layoff Units for each University and College/District

Appendix F New Assignment Pay

Group A- CWU Classes Group B- All Colleges may Use Group C- CWU Classes

Appendix G NewCentral Washington University

Grandfathered Hours of Work Overtime Vacation Leave Suspended

Operations Misc Paid Leaves

Employee Files Layoff and

Recall Compensation Contracting EFT

Appendix HThe Evergreen State College

Wellness Educational Benefits Parking

Appendix I NewWestern Washington University

Grandfathered Hiring &

Appointments Hours of Work Overtime Holidays

Vacation Leave Suspended

Operations Layoff and Recall Union Activities Compensation

MOUPretax Parking

Pretax Parking and Pretax Bus Passes

Cascadia and Tacoma already offer