Washington State Employee, May 2013

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    The ofcial newspaper of the

    WASHINGTON FEDERATION OF STATE

    EMPLOYEES/AFSCME Council 28AFL-CIO

    VOL. 41 NO. 4

    MAY 2013

    WASHINGTON

    StateEmployee

    2015-2017 bargaining proposal form, p. 2.

    Shared leave requests, p. 3

    www.d

    iscoverpass.w

    a.g

    ov

    Now good on either

    of two vehicles!

    More special session info. on page 4 Calls to action: wfse.org > Take Action

    After this issue wentto press, a strike vote tookplace May 15 by membersof the Student Support Ser-vices Staff Union at The Ev-ergreen State College

    WFSE/AFSCMEs Exec-utive Board on May 9 OKdtheir request and authorizeda campus vote for job ac-

    tions up to and including astrike.

    The 55-person bargain-ing unit includes counsel-ors, advisors, coaches andothers. They are non-man-agement exempt staff whowon bargaining rights a fewyears ago. This would betheir rst contract.

    This after 16 months ofcontentious bargaining over

    At press time:Strike vote taken at Evergreen

    just cause (due process rightsover discipline) and compen-sation.

    The members on May 8presented a petition to theTESC Board of Trustees in

    Olympia in support of jobactions up to and includinga strike. It was signed by 76percent of the bargaining unitmembers.

    We feel we have been

    pushed to a hard spot, Bar-gaining Team member JeanEberhardt told the trustees.

    Representatives of thecampus faculty union, foodservices union, students and

    the WFSE/AFSCME-repre-sented classied employees,joined the members in sup-port.

    Updates at: wfse.org; Hot-line, 1-800-562-6102.

    Bargaining Team memberJean Eberhardt applauds allies who packed the TESC Board of Trustees meeting May 8 to support job actions including a strike.

    REMINDER: WFSE/AFSCME Howard Ocobock Memorial

    FAMILY CAMPOUTSept. 13-15, 2013 Cornet Bay Environmental Learning/Retreat Center

    at Deception Pass State Park Deadline to register: 8/30/13

    QUESTIONS?Contact Tavie Smith at 1-800-562-6002 [email protected].

    Register online at WFSE.org > Member Resources > Family Campouts

    Special session:It comes down to loopholes

    The Legislature started its30-day special session May 13with the issue of closing tax

    loopholes a main ght.The House wants to close

    them to fund education andservices. The Senate wouldrather cut safety net programsto fulll its education obliga-tions.

    The Legislature is goingback into overtime becausethey were far apart on key is-

    sues at the end of regular ses-sion April 28.

    Lawmakers were at im-

    passe over the budget, taxloopholes, pensions, healthcare, privatization and manyother key issues.

    Its likely the special ses-sion will stretch into Junewith no key debates until af-ter Memorial Day.

    So WFSE/AFSCMEsght for public services, pub-

    lic safety, parks and naturalresources continues.

    WFSE/AFSCME members worked to the very end of the regular legislative

    session to urge lawmakers to do the right thing. ABOVE: Local 443 Consoli-

    dated Support Technology Services members Jeff Paulsen (left) and BruceHooker(right) met with Rep. Sam Hunt to express their concerns about the

    current budget proposals and thank him for his continued support. RIGHT:

    Local 53 memberSandra Womack makes her call to the Legislative Hotline

    during April 11 Hotdogs and Hotline event in Tacoma.

    WORKERS MEMORIAL DAY 2013

    WFSE/AFSCME members across the state took part in ceremonies in ob-

    servance of Workers Memorial Day 4/28/13, when we pause to remember

    those killed or injured on the job -- and rededicate ourselves to the strugglefor safe workplaces. TOP: Local 793 members 4/25/13 walk past placards

    signifying all those assaulted at Western State Hospital; ABOVE, LEFT:

    At Department of Transportations agency ceremony April 17; ABOVE,

    RIGHT: In Bellingham, 4/29/13. Other ceremonies took place in Tumwater,

    Seattle, Everett and Spokane.Special Session Toolkit

    on page 4.

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    Page 2 WFSE/AFSCME Washington State Employee May 2013

    BARGAINING 2015-2017

    StateEmployeeWashington State Employee(USPS 981-

    200) is published monthly, except Februaryand July, for $5.08 per year by the Washing-ton Federation of State Employees/AFSCMECouncil 28 AFL-CIO, 1212 Jefferson St. S.E.Suite 300, Olympia, WA 98501. Afliated withthe American Federation of State, Countyand Municipal Employees (AFSCME) and theWashington State Labor Council, AFL-CIO.

    Periodicals postage paid at Olympia, WAand at additional ofces. Circulation:42,000.

    POSTMASTER:Send address changes toWashington State Employee, 1212 JeffersonSt SE Suite 300 Olympia WA 98501- 7501

    Carol Dotlich, President

    Greg Devereux, Executive Director

    Editor Tim Welche-mail: [email protected] Internet: www.wfse.orgMember, ILCA

    WASHINGTON

    ELECTRONIC DELIVERY OPTION. If youd like to save paper and postage, you can receive this newspaper electronically. Go to www.wfse.org and hoverover NEWS & INFO, located in the top menu bar. Select from the drop-down list: WASHINGTON STATE EMPLOYEE - Newspaper. Use the formon this page to register for the electronic version. Or e-mail us at [email protected], or write: WFSE/AFSCME, 1212 Jefferson St. S.E., Suite 300,Olympia, WA 98501. If youre a represented non-member fee payer and you dont wish to receive this publication in any format, e-mail us at [email protected], or write: WFSE/AFSCME, 1212 Jefferson St. S.E., Suite 300, Olympia, WA 98501.

    SHOP STEWARD CORNER

    CONTRACT PROPOSALS 2015-2017

    WASHINGTON FEDERATION OF STATE EMPLOYEES/AFSCME COUNCIL 28 AFL-CIO

    2015-2017 CONTRACT NEGOTIATIONSUse this form to submit your ideas for issues affecting members covered by your respectivecontract.

    Name: Signature:(Local President/Policy Committee Chair)

    All adopted proposals must be submitted to WFSE/AFSCME HQ by 5 p.m., Oct. 7, 2013.

    THIS FORM MUST BE FILLED OUT COMPLETELY

    If you know which part of your contract this proposal affects, please specify:existing Article _______ Section ________of (please list name of your contract): ________________________________________________

    OR ADDS a new concept to your contract:

    PROPOSAL:

    PURPOSE: What problem will this proposal solve, or why is it important?

    CONTRACT PROPOSAL FORM

    GENERAL GOVERNMENT HIGHER EDUCATION

    SUBMITTED BY LOCAL/

    POLICY COMMITTEE _________________

    PLEASE LET US KNOW IF THIS IS FOR A STATE AGENCY CONTRACT OR FOR ONE OF THEHIGHER EDUCATION CONTRACTS:

    Proposal passed on:

    (date)

    Name: Signature:

    (Local Secretary/Policy Committee Secretary)

    Name of individual submitting this proposal to his/her local: _______________________________

    Agency or Institution of Higher Education: _____________________________________________If DSHS, which Ofce, Division or Institution? ___________________________________ _______

    Believe it or not, itstime to get ready forbargaining on con-

    tracts that run from July 1,2015 to June 30, 2017.

    Bargaining proposals

    Its never too early to submit proposedideas for your next, 2015-2017, collec-tive bargaining agreement. You canwork with your local and/or policycommittee to submit proposals.For your convenience, a contract pro-posal form is at right.Forms are also available online at:http://www.wfse.org/collective-bargaining/

    Details on bargaining proposals

    From bargaining structure for 2015-2017 negotiations (as adopted by theWFSE/AFSCME Executive Board, April

    6, 2013The full bargaining structure, elec-tion procedure and other key informationwas mailed with the nomination packet toWFSE/AFSCME members. They are alsoavailable online at: http://www.wfse.org/collective-bargaining/

    PROPOSALS

    Contract proposals may be sub-mitted by: locals; the WFSE ExecutiveBoard, the WFSE Policy Committeesand the WFSE Executive Director. Pro-posals must be adopted by a majorityvote of the body submitting them.Council 28 bargaining teams and staff

    will use surveys of the bargaining unitemployees as needed during bargain-ing.

    Contract proposals must be sub-mitted to the WFSE Headquartersofce by 5:00 p.m. October 7, 2013.Proposals must be submitted on theWFSE contract proposal form, whichwill be accessible on the WFSE web-site, and must include: (1) the contractarticle and section to be changed, oran indication that it is a new concept;(2) documentation to support the pro-posal where available; (3) the problemthe proposal is meant to address; and(4) the proposal and (5) the number/

    name and signature of President andSecretary of the subordinate bodysubmitting the proposal. Each contractproposal form will be assigned a track-ing number so that it can be followedthrough the negotiating process. Con-tract proposal forms must be lled outcompletely.

    WFSE staff will assess contractproposals for legality and consolidate

    duplicate proposals. The resultingproposals will then be passed on tothe appropriate bargaining team(s) fordebate, possible revision, and a vote tosupport or reject.

    Bargaining team nominations

    Nomination forms and other informa-tion on 2015-2017 bargaining went inthe mail May 3. Nomination forms aredue back to WFSE/AFSCME Head-

    quarters by May 20. Ballots listingnominees for the respective bargainingteams will go in the mail by June 5 toWFSE/AFSCME members (who are ingood standing as of May 31).

    Not all stewards are

    created equal

    This is a cautionary notefor some of our stewards.As you read and learn aboutstewards and labor law, youmight think you have pro-tections in the heat of themoment when dealing withmanagement.

    I mean its right there,pages 90 and 91 of Just

    Cause: A Union Guide toWinning Discipline Cases.Under the heading Union

    Immunity.Robert M. Schwartz tellsus union stewards and of-cers have a measure of im-munity when representingmembers....Profane and evenvulgar language must be tol-erated.

    Well look again, WFSEstewards -- very few WFSEstewards fall under the Na-

    tional Labor Relations Act.Our immunity is much morelimited, thus we are NOT fa-

    mous for pounding tables andscreaming. In fact we are fa-mous for not losing our cool.

    We are (by and large) themost respectful and profes-sional stewards in the game.This may not sit well withsome members (in particularthose with extended privatesector union membership). Itworks in our favor at arbitra-

    tion.Behavior by a former

    WFSE steward (which might

    have been protected underNLRA) led an arbitratorto uphold his termination.Seems our managers, be theyin road repair, mental healthor higher education, dontlike bombast and four-letterwords.

    Nor do the folks whohear our arbitration cases.

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    WFSE/AFSCME Washington State EmployeeMay 2013 Page 3

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    SHARED LEAVE

    REQUESTS

    Bill Haubert, an automotivemechanic supervisor for DSHSConsolidated Support Servicesin Medical Lake and a memberof Local 573, is battling a seri-ous illness and is in need ofshared leave. Contact: EnolaKaplan, (509) 299-1024.

    Don Guy, an ofce assistant 3with the Department of Laborand Industries in Tumwater anda member of Local 443, hasbeen diagnosed with additionalspots on his brain. Complica-tions require him to again take

    time off. He is in need of sharedleave to cover his treatmentand recovery. He has exhaust-ed all leave. Contact: Tonia Pi-mental, (360) 902-5706, or yourhuman resource ofce.

    Susan Justice, a residentialhabilitation counselor 2 at theSpecial Commitment Center on

    McNeil Island and a memberof Local 793, is awaiting herkidney transplant. She is inneed of shared leave to coverthe time during her surgeryand lengthy recovery. She hasexhausted all leave. Contact:Robin Calhoun, (253) 617-6267, or your human resourceofce.

    Rachelle Evans, an unemploy-ment insurance specialist 4with the Employment SecurityDepartment in Spokane and amember of Local 1221, is re-covering from a long-standing

    medical condition and is inneed of shared leave. She hasexhausted all leave. Contact:Julie Nelson, (360) 725-9448,or your human resource ofce.

    Lisa Robson, a social services

    specialist 3 with the DSHS Of-ce of Central Intake in Seattleand a member of Local 843, isin desperate need of shared

    leave while she continues herrecovery from a stroke. She hasexhausted all previous FMLAand shared leave. Contact:your human resource ofce.

    Kendra Hogenson, a medi-cal assistance specialist 3 withthe Health Care Authority inOlympia and a member of Lo-cal 443, is in need of sharedleave as she battles sickle cellanemia. She needs sharedleave to cover the time missedwhile recovering from foot fu-sion surgery. Shes exhaustedall leave. Contact: April Yankee,

    (360) 725-2134, or your humanresource ofce.

    Diane Shawen, a residentialrehabilitation counselor 2 at theSpecial Commitment Center onMcNeil Island and a member ofLocal 793, is in need of shared

    leave for a serious condition.Contact: Robin Calhoun at(253) 617-6272 or Cathy Harrisat (253) 583-5930.

    Jim Webb, a juvenile rehabilita-tion counselor at Nacelle YouthCamp and a member of Local2263, is struggling with a veryserious illness. He has exhaust-ed all leave. Contact: JoyceKilponen, (360) 484-3223.

    Marlaina Nierenberg, a nan-cial services specialist 3 withDSHS in Spokane and a mem-ber of Local 1221, is in needof shared leave. She has ex-hausted all leave. To help witha donation of eligible unusedannual leave or sick leave or all

    or part of your personal holiday,contact your human resourceofce.

    Sylvia Frear, a social servicesspecialist 3 with DSHS in MountVernon and a member of Lo-

    cal 1060, is in need of sharedleave. Contact: your humanresource ofce.

    Janice Sven, a Worksourcespecialist 3 with the Employ-ment Security Department inSkagit County and a memberof Local 1060, is in need ofshared leave because of amedical condition. Contact:Judy Nelson, (360) 725-9448.

    Robin Burkhart, an adminis-trative assistant 4 with the De-partment of Health in Tumwaterand a member of Local 443,is caring for her mother who isbattling cancer. Contact: yourhuman resource ofce.

    Jackie Hilton, an ofce assis-tant 1 for DSHS in Kelso and amember of Local 1400, is still inneed of shared leave becauseof a serious medical condition.Contact: your human resourceofce.

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    Having a contract mat-ters, especially inHigher Education.

    Just ask University ofWashington Local 1488 mem-ber Marvin McKinly.

    McKinly is a longtimeUW Local 1488 memberwrongly accused of beingrude to a customer while heworked the front desk at a fa-cilities warehouse.

    McKinly had politelyasked a customer whodbought some UW surplusequipment to move his vanso he could load equipmentonto another UW employeestruck.

    The customer apparentlydidnt like or misunderstood

    McKinlys request. He com-plained to management. Man-agers believed the customersassertion that McKinly had

    use profanity and was rude.So they handed McKinly

    a formal counseling, whichis one of three rungs on theladder that could lead to dis-missal.

    This investigation boileddown to my word againstanother persons word,McKinly said.

    The problem was theonly witness, the other UWemployee, said McKinly wasbeing diplomatic and did notswear, an arbitrator laterwrote. It was the customerwho was very angry andswearing at McKinly, the ar-bitrator wrote.

    With the help of WFSE/AF-

    SCME Council RepresentativeJames Dannen and Labor Ad-vocate Banks Evans, McKinlyled a grievance.

    The contract matters -- just

    ask UWs Marvin McKinly

    From left: Banks Evans, WFSE/AFSCME labor advocate; Marvin McKinly, Local 1488; and James Dannen, WFSE/

    AFSCME council representative.

    And on March 26, an in-dependent arbitrator ruled inMcKinlys favor. The UW vio-lated his just cause rights and

    the formal counseling issuedin 2011 must be removed fromhis le, the arbitrator ruled.

    I just want co-workers

    to believe that when theyreright to stand up for theirrights, said McKinly, a loyalUniversity of Washington em-

    ployee for more than 33 years.And if it can happen toa longtime employee likeMcKinly, it can happen to

    anyone. But the collective bar-gaining agreement is the greatequalizer.

    This could not have hap-

    pened without the powerfulalliance of my union, McKin-ly said. I feel union solidarityis stronger than ever.

    American Friends Service Committee

    members ratify new contract. WFSE/AFSCME members at the AmericanFriends Service Committee ratied

    their new 2012-2015 contract May 3 ona vote of 5-0.

    Another ULP complaint led in UW

    special pay saga.The union on May6 led another unfair labor practice

    complaint against the University ofWashington for continued refusalto bargain over shift differentialpay increase and other special payprovisions. A court has alreadyruled in the unions favor. Those

    compensation increases became thenew status quo and the UW wasordered to continue them until andif something else was bargained.But the UW has only paid back paythrough June 2009.

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    Page 4 WFSE/AFSCME Washington State Employee May 2013

    SPECIAL SESSION TOOLKIT

    The 30-day special session of the Legislature started May 13. It was believed that key issues wont bedebated until after Memorial Day, according to press reports.WFSE/AFSCMEs Legislative and Political Action Department has put together a watch list so you cankeep track of what bills are left, where they are in the process and what our position is. Use this as areference during the special session:

    Operating Budget/Revenue:

    ESHB 2038 Revenue Passed House, but not the Senate.This is the bill closing some $1 billion in tax loopholes to fund education, rather than cutting vital services.SUPPORT

    ESSB 5034 Budget Passed House; at odds with the bad Senate version.This is the good House version that closes tax loopholes to fund education, public services and publicsafety. SUPPORT VERSION PASSED BY THE HOUSE

    ESSB 5895 Education Funding (very bad) Passed Senate, but not the House.This bad Senate plan funds K-12 education at the expense of other programs, including criticalinfrastructure programs, freezes worthy environmental programs and restricts capital constructionprojects that drive our states economy. OPPOSEAttacks On Public Employee Benets:

    ESSB 5851 401(k) Pension Plan Passed Senate, but not the House.Voluntary option would harm funding of our healthy pension system. And 401(k) style plans end up beingvery costly. Retirees in this new plan would lose access to state health benets. OPPOSE

    ESSB 5905 PEBB Eligibility (bad part-time health bill) Passed Senate, but not the House.This is the bad bill that strips less-then-fulltime workers of their state health benets and directs them tobuy benets on their own from the still incomplete federal Health Benets Exchange. Dental and visioncoverage would not be available. OPPOSE

    Attacks On Collective Bargaining Rights:

    SSB 5891 DES Privatization Passed Senate, but not the House.This opens the door to widespread privatization of state services and jobs by exempting one largeagency (Department of Enterprise Services) from the competitive contracting law, rules and our contracts.OPPOSE

    SSB 5916 Excess Compensation Now in Senate Rules Committee awaiting vote of full SenateThe bill goes way beyond trying to x pension spiking, by attacking legitimate use of overtime, especiallyat state institutions and in public safety in all pension plans. OPPOSE

    ESSB 5811 Wellness Passed Senate, but not the House.This bad bill is really an attack on the right to bargain over wellness issues, including the dollar amountspent for employee health care benets. It sties or end runs bargaining by mandating certain outcomeson your health insurance, including outcomes on premium increases or decreases. OPPOSENatural Resource Jobs:

    SHB 1935 Parks Funding Now in House Rules Committee awaiting vote of full House.Helps support House and governor funding levels over much lower Senate levels, and brings inaccountability measures. More is needed, but this is a big step. SUPPORT

    E2SSB 5296 Model Toxics Control Act (MTCA) Rewrite Passed Senate, but not the House.Rewrites voter-approved MTCA. Opponents argue it harms both prevention and cleanup efforts --dramatically impacting funding for prevention. Threatens Ecology jobs. OPPOSETransportation Budget/Revenue:

    SHB 1954 Transportation Revenue Now in House Rules Committee. SUPPORTSB 5920 Transportation Revenue Senate Transportation Committee. SUPPORT

    HB 1955 Additive Funding - Transportation Now in House Rules Committee. SUPPORTSB 5921 Additive Funding Transportation Senate Transportation Committee. SUPPORTBoth bills appropriate from several state accounts between $650 million and $700 million for varioustransportation-related projects.

    WFSE/AFSCME

    members (joined

    by WSLC President

    Jeff Johnson, far

    left) look over the

    special session

    Watch List of key

    remaining bills.

    Heres your Watch List of key special session bills

    Gov. Jay Inslee on May 3 signed into law the WFSE/AFSCME-initiated HB1456 that claries that state employees can take advantage of the federal law

    allowing deductions for qualied transit and parking benets to be taken out

    of paychecks before income taxes are assessed. Its actually a long overdue

    technical x. So those state employees will end up with a little more take-home

    pay.It was part of the WFSE/AFSCME Green Caucuss priority of reducing our

    carbon footprint. The bills sponsor, Rep. Sam Hunt of the 22nd Dist. joined

    with WFSE/AFSCME members and DOT commute trip reduction (CTR) pro-

    gram staff as the governor signed the bill.

    Those at the bill signing for HB 1456 included (front row): Tim Welch, WFSE/

    AFSCME public affairs director and union rep on the Interagency CTR Board;

    Joan Cullen, DOT CTR program (retired); Keith Cotton, DOTs manager of

    CTR programs; WFSE/AFSCME Lobbyist Matt Zuvich; Rep. Sam Hunt, 22nd

    Dist.; WFSE/AFSCME President Carol Dotlich; WFSE/AFSCME Lobbyist

    Alia Grifng; and Dennis Eagle, WFSE/AFSCMEs director of legislative and

    political action.

    Inslee signs WFSE/AFSCME bill

    The Senate Majority Coalition through theirspecial interest corporate friends have beenwaging a media campaign against the Houseeffort to close tax loopholes to fund schools andvital services.

    WFSE/AFSCME is ghting back with a

    three-week radio ad campaign that started May

    WFSE/AFSCME radio campaign starts 6. Federation commercials will air on radio stations across the state. Cable TVads will appear in some cities without a commercial radio station.You can hear and see the 30-second ads at www.wfse.org:

    Theres a good plan in Olympia to close two percent of Washingtons 640 taxloopholes to fund schools and services we need.But the Senate majority and special interests want to add tax loopholes at theexpense of our kids and Middle Class jobs.Its about priorities.Call 800-562-6000. Tell legislators: choose kids, care and courage over

    loopholes.

    Text F4WRto 69866

    Get text updates on

    your smart phone.

    NOTE: F4WR stands for Fight for Workers Rights

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