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