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 Master Collective 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) December 17, 2008 Requires Director, OFM to certify financial feasibility 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 Inappropriate workplace behavior will not be tolerated All employees responsible for contributing to a respectful & professional work environment 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 Overtime Eligibility and Compensation What is included for overtime purposes What is excluded for overtime purposes 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 Master Agreement Training Provided per institution policy and available resources 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 Vacation Scheduling CWU exception 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 15 Family Medical Leave Reasons Amount of Time Exigency leave, when family member called to active duty Service member family leave 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 leave or compensatory time 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 22 Drug and Alcohol Free Workplace Prescription & Over-the-Counter Safety-Sensitive Functions Reasonable Suspension Testing Post -Accident Testing Rehabilitation Discipline Training Article 23 Travel 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 25 Licensure and Certification Current Practice or below, whichever is the greater benefit to the employee Conditions of Employment Outside Entity Employee pays 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 workrelated license and/or certification has: Expired Been restricted Revoked Suspended Article 26 Volunteers 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 Certified mail Last known address Petition for Reinstatement Make reasonable attempts to contact Must call contact numbers Notice of Separation 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 30 Grievance 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 31 Legal 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 33 Employee 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 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 Temporary layoff No less than 20 hrs per week 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 Skills and Abilities Up to 3 funded vacant positions within district, same or lower range 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 Union may request Discussions and /or Negotiations Emergency language 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 Notification Union Security Voluntary Deduction Status Reports Written authorization Union changes Provided electronically to Union by CIS/CWU/ WWU Ensure positions are properly coded Indemnification Report electronically University or College/District CIS Article 42 Classification Classification Plan Revisions Position Review Notification to the Union 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 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 Article 45 VEBA Coverage WFSE bargaining units may agree to be covered by a VEBA Article 46 Childcare Centers Access Notification Article 47 Employee 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 49 Contracting Employer determines services to be contracted Must follow Competitive Contracting RCWs and WACs Article 50 Shared Services New Article Will consider Union proposals Limited Grievability Article 51 Entire Agreement Past Practices WAC 357 Agreement preempts all subjects addressed in whole or in part Institution Policies Grandfathered from 7/1/07 forward 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 B Layoff Units Layoff Units for each University and College/District Appendix F Assignment Pay New Group A- CWU Classes Group B- All Colleges may Use Group C- CWU Classes 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 Appendix H The Evergreen State College Wellness Educational Benefits Parking Appendix I New Western Washington University Grandfathered Hiring & Appointments Hours of Work Overtime Holidays Vacation Leave Suspended Operations Layoff and Recall Union Activities Compensation MOU Pretax Parking Pretax Parking and Pretax Bus Passes Cascadia and Tacoma already offer