Contract Overview Training

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file time: 2008-02-16

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CONTRACT OVERVIEW TRAINING 

Master Agreement

Between

State of Washington

And

WA Public Employees Association

Higher Education 
 

 
 
 
 
 

OBJECTIVES 
 

Overview of collective bargaining agreements  
Learn the relationship between RCWs, WACs, college policies and articles of the agreement  
Review key elements of each article  
Learn how your actions may impact others  
A look ahead  
 
 
 
 

The Basics 

Mandatory Subjects Permissive Subjects Prohibited Subjects  
 
 
 
 

RCWs 00WACs 00POLICIES 00CONTRACT ARTICLES 
 

Articles of the contract: Cannot conflict with federal law or state RCWs Preempts all subjects addressed, in whole or in part, of WACs 357 Supersedes specific provisions of college policies, if there is a conflict.  
 
 
 
 

APPOINTMENT & REAPPOINTMENT 
(Article 2) 

Employer determines when to fill, type of position and skills and abilities  
Consider internal layoffs, promotions, transfers or voluntary demotions first  
Follow WAC 357-19  
Article not grievable  
 
 
 
 

TYPES OF APPOINTMENTS 
 

Permanent Temporary Cyclic Year Project In-Training  
 
 
 
 

TEMPORARY APPOINTMENTS 
 

Limited to 1,000 hrs in any 12 consecutive month period  
CBA currently does not cover temporaries  
Must work between 350 00 1,050 hrs and be in a bargaining unit per PERC  
WPEA put us on notice they are planning to organize, see MOU  
 
 
 
 

PERFORMANCE EVALUATION 
(Article 3) 
 

Evaluated during probationary & trial service period & at least annually thereafter  
Must notify if unsatisfactory performance, unless deficiency substantial  
Employee may request joint review if current supervisor has had less than 90 calendar days to observe performance  
Process subject to grievance procedure, not content  
 
 
 
 

REVIEW PERIODS 

Probationary Period 6 0012 months Extend to 12 months Separate 001 calendar days00 notice Trial Service Period 6 0012 months Extend to 12 months Separate 007 calendar days00 notice  
 
 
 
 

Performance and Development Plan Training 

Training will be provided to managers and supervisors  
 

PDP 00/font>

Performance Training

 
 
 
 
 

HOURS OF WORK 
(Article 4) 

Definitions Full-time employees Part-time employees Overtime-eligible employees Overtime-exempt employees  
 
 
 
 

WORK SCHEDULES 
OVERTIME-ELIGIBLE EMPLOYEES 

Regular Work Schedules Not more than 40 hours in workweek Workweek: begins 12:01 a.m. Sunday and ends at 12:00 midnight the following Saturday Alternate Work Schedules More than one volunteer use

    seniority  

 
 
 
 
 

WORK SCHEDULES 
OVERTIME-ELIGIBLE EMPLOYEES 

Schedule Changes Temporary Permanent Emergency Employee-requested  
 
 
 
 

WORK SCHEDULES 
OVERTIME-ELIGIBLE EMPLOYEES 

Schedule Changes Temporary schedule changes 00/b> May be changed with prior notice Temporary schedule change is defined as a change lasting 21 calendar days or less OT eligible employees will receive 5 calendar days00written notice of any temporary schedule change The day of notification is considered first day of notice  
 
 
 
 

WORK SCHEDULES 
OVERTIME-ELIGIBLE EMPLOYEES 

Schedule Changes Permanent Schedule Change 00/b> May be permanently changed with prior notice OT eligible employees will receive 14 calendar days00written notice of a permanent schedule change The day of notification is considered first day of notice  
 
 
 
 

WORK SCHEDULES 
OVERTIME-ELIGIBLE EMPLOYEES 

Schedule Changes Emergency Schedule Changes May adjust overtime-eligible employee00 workweek and work schedule without prior notice Affected employees will be allowed de minimis time to make necessary arrangements Consider Article 5 if the emergency schedule will require overtime  
 
 
 
 

WORK SCHEDULES 
OVERTIME-ELIGIBLE EMPLOYEES 

Schedule Changes Employee-Requested Schedule Changes Employee may request change Employer may approve provided the Employer00 business and customer service needs are met AND no overtime expense is incurred  
 
 
 
 

WORK SCHEDULES 
OVERTIME-ELIGIBLE EMPLOYEES 
 

Meal Periods and Rest Periods Unpaid meal periods if working more than five consecutive hours Minimum of 30 minutes Scheduled as close to middle of work shift as possible MEAL PERIODS MAY NOT BE USED FOR LATE ARRIVAL OR EARLY DEPARTURE FROM WORK AND MEAL AND REST PERIODS WILL NOT BE COMBINED.  
 
 
 
 

OVERTIME-EXEMPT EMPLOYEES 
 

Not covered by federal or state overtime laws Expected to work as many hours as necessary to accomplish their assignments or responsibilities Not authorized to receive any type of overtime compensation  
Appointing Authorities may approve absences with pay for extraordinary or excessive hours worked, without charging leave  
Prior approval for the use of paid or unpaid leave for absences of two (2) or more hours is required, except for unanticipated sick leave  
 
 
 
 

OVERTIME 
(Article 5) 
 

Overtime Work in excess of 40 hours per workweek Paid at one and one-half (1 陆) regular rate of pay  
Work Time spent performing duties Holidays, sick leave, vacations or compensatory time count towards 00ime worked00for overtime purposes  
 
 
 
 

OVERTIME 
(Article 5) 
 
 

Overtime Eligibility and Compensation Overtime-eligible employees (>40 hrs/workweek) who have prior approval  
Assignment of Overtime Employer will first attempt to meet its overtime requirements on a voluntary basis with qualified employees who are currently working If not enough volunteers, supervisor may require employees to work overtime  
 
 
 
 
 
 
Compensatory Time Earned at 1 陆 hours May accumulate no more than 160 hours Must use compensatory time before using vacation leave, unless it results in the loss of vacation Employer may schedule an employee to use his or her compensatory time with 7calendar days00notice All Compensatory time must be used by June 30th of each year or it is cashed out  
 

COMPENSATORY TIME 
OVERTIME-ELIGIBLE

 
 
 
 
 

TRAINING & EMPLOYEE DEVELOPMENT 
(Article 6) 
 

Provided in accordance with college/district policy and resources Same manner and amounts at ratification 05-07 cba Tuition fee waiver Employer will make reasonable attempts to schedule employee-required training during an employee00 regular work schedule Attendance at employer required training will be considered time worked Travel will be paid in accordance with wage and hour laws and OFM travel regulations  
 
 
 
 

HOLIDAYS 
(Article 8) 

10 paid holidays 1 personal holiday Eligibility Compensation Ability to: Donate personal holiday for shared leave or use portions for sick leave or Family Care  
 
 
 
 

VACATION LEAVE 
(Article 9) 

Accrual rates Based on years of service Accruals for the prior calendar month will be credited and available for employee use the first of the next calendar month Vacation scheduling: 24/7- First come, first served Amount actually used Maximum accrual  
 
 
 
 

VACATION LEAVE 
(Article 9) 

Vacation Scheduling Vacation leave will be charged in the amount actually used by the employee Accruals for the prior calendar month will be credited and available for employee use the first of the next calendar month 24/7- First come, first served Maximum accrual 240  
 
 
 
 

SICK LEAVE  
(Articles 10) 

Accrual rates 8 hours per month  
Reasons for sick leave usage Personal illness Care of a family member Death of relative Childcare emergencies (max of 3 days) Care for a child under 18 with a health condition that requires treatment or supervision Medical, dental or optical appointment of family member when presence of employee required  
 
 
 
 

SICK LEAVE  
(Articles 10) 
 

Sick leave verification Employee must notify his or her supervisor on the first day of sick leave and each day after, unless there is mutual agreement to do otherwise Employer may require a written medical certificate for any sick leave absence00here the employer suspects an abuse of sick leave Employer may require a written certification from health care provider that employee is able to return to work and perform the essential functions of the job  
 
 
 
 

SICK LEAVE  
(Articles 10) 
 

Cash out Each January an employee is eligible to receive cash on 1 hour for 4 hours basis At the time of retirement from state service or at death, at 1 hour for 4 hours basis  
Reemployment Former state employees who are re-employed within five years of leaving state service will be granted all unused sick leave credits they had at separation  
 
 
 
 

FAMILY AND MEDICAL LEAVE 
(Article 12) 

Eligibility Employed by state for at least 12 months, and 1250 hours during the 12 month period Does not include vacation, sick or shared leaves, personal holidays, compensatory time off Rolling twelve (12) months

    (Roll Forward)

Measured from date an employee begins FMLA Employer designated Runs concurrent with use of paid or unpaid leave Excludes leave for a work-related injury/illness Compensatory time  
 
 
 
 

SUSPENDED OPERATIONS 
(Article 13) 

Employer determines operations are suspended: Pay for the first day Employee options for balance of closure Use available leave or make up lost time during the workweek Employees required to work Paid at one and one-half times their regular pay Severe inclement weather employee options Use available leave or make up lost time during the workweek  
 
 
 
 

Miscellaneous Leave 
(Article 14) 

Bereavement Leave Family Care Leave Military Leave Parental Leave Pregnancy Disability Leave Temporary Disability Leave Civil  Duty Leave Employee Assistance Program Interviews Life-Giving Procedures  
 
 
 
 

LEAVE WITHOUT PAY 
(Article 15) 

Will be granted vs. May be granted  
Limitations 12 months in a 5 year period Exclusions  
Return rights Requests for leave without Pay Submitted in writing Employer will approve or deny in writing within 14 calendar days  
 
 
 
 

OTHER FORMS OF LEAVE 

Shared Leave00Article 11  
 
Miscellaneous Paid Leaves00Article 14 Bereavement, Family Care, Military, Parental Pregnancy Disability, Temporary Disability Civil Duty, Employee Assistance, Interviews,    Life-giving Procedures Personal Leave- 1 workday 7/1/07 - 6/30/09  
 
Work-Related Illness or Injury00Article 18  
 
 
 
 

DRUG & ALCOHOL FREE WORKPLACE 
(Article 20) 
 
 

Prescription and over-the counter medications Safety Sensitive Functions Required to have CDL or licensed by Coast Guard  
 
 
 
 

TYPES OF TESTING 
 

Pre-employment, Post- accident, & Random Employees performing safety- sensitive functions Reasonable Suspicion All employees Specific Objective Grounds Referral Testing  
 
 
 
 

DISCIPLINARY PROCEDURES 
(Article 24) 

May discipline a permanent employee when there is just cause What is just cause?  
Types of Discipline Oral & written reprimands Reductions in pay Suspensions Demotions Discharges  
SPEAK TO HUMAN RESOURCES  
 
 
 
 

OFF-DUTY CONDUCT 
 
 

Off-Duty Activities When is off-duty activities grounds for discipline When in conflict with RCW 42.52 (Ethics in Public Service) Reporting of arrests, court-imposed sanctions or conditions that affect ability to perform duties  
 
 
 
 

GRIEVANCE PROCEDURE 
(Article 25) 

Union and the Employer agree that it is in the best interest of all parties to resolve disputes at the earliest opportunity and at the lowest level Union and Employer encourage problem resolution between employees and management  
 
 
 
 

PERSONNEL FILES 
(Article 28) 

One (1) official personnel file Ability to: Examine files Have documents placed in file Adverse material or information Public disclosure 7 calendar days notice Supervisor working file No more than current evaluation period  
 
 
 
 

LIGHT DUTY, REASONABLE ACCOMMODATION & 
DISABILITY SEPARATION 
(Article 29) 

Employees may request reasonable accommodation Disability separation  
Rights following separation  

SEE HUMAN RESOURCES AS SOON AS YOU HAVE ANY CONCERNS

 
 
 
 
 

MANAGEMENT RIGHTS 
(Article 32) 

RCW 41.80.040 Prohibited subjects of bargaining  
Rights consistent with this Agreement. . . What does this mean and how do you apply it?  
 
 
 
 

UNION ACTIVITIES 
(Article 34) 

00pon request, an employee will have the right to representation at all levels on any matter adversely affecting his or her conditions of employment.00/b> 

Cannot unreasonably delay or postpone a meeting  
Right does not apply in specific situations  
 
 
 
 

TIME OFF 
UNION ACTIVITIES OR EMPLOYMENT 

Time off for union activities: Union-sponsored: Meetings Training Sessions Conferences & Conventions Reasonable amount of time during his/her normal working hours to meet with rep to process grievance Temporary Employment with the Union Length of Time Return Rights  
 
 
 
 

UNION SECURITY 
(Article 35) 

Union Dues Written authorization  
Notification to employees  
Union Security Agency Shop Fee Membership Non-Association Fee Representation Fee  
 
Indemnification  
Data Sharing Agreement Appendix C  
CIS   
 
 
 
 

CLASSIFICATION 
(Article 36) 

Notification to Union of proposed changes to classification plan  
Upon request by the Union, bargain effect(s)  
Employee may request review of his/her classification Complete and sign form Human Resources determines appropriate classification Employee may appeal determination to DOP & WPRB  
 
 
 
 

EFFECT OF REALLOCATION 

Class with higher salary range maximum  
Class with equal salary range maximum  
Class with lower salary range maximum  
 
 
 
 

SALARY IMPACT OF REALLOCATION 

Higher salary range maximum Nearest to 5% or entry step of new range  
Equal salary range maximum Retain previous salary or entry step of new range  
Lower salary range maximum Equal to current salary 0000rate  
 
 
 
 

COMPENSATION 
HEALTH CARE BENEFITS AMOUNT 
(Articles 37 and 38) 

Pay Range Assignments State Salary Schedule Increases July 1, 2007 003.2% July 1, 2008 002.0%  
 
Additional Steps 0000on July 1, 2007  
 
 
 
 

ADDITIONAL INCREASES 

One-time Payment Insurance eligible month of June 2007 & covered by cba receive $756.00 on July 25, 2007  
Classification Consolidation RCW 41.06.136 (2) Implement phase 4 of DOP consolidation project  
Salary Survey to 25% of Prevailing Rate DOP 2006 Salary Survey Effective July 1, 2007  
 
 
 
 

OTHER COMPENSATION ISSUES 

Pay for Duties of a Higher Class Salaries for New Employees Periodic Increases Callback Shift Premium $.60 on 7/1/07 $.65 on 7/1/08 Standby  
 
 
 
 

OTHER COMPENSATION ISSUES 

Relocation Compensation Special Pay Salary Assignment Upon: Promotion Adjustments Demotion Transfer Reassignment Reversion Elevation  
Employer may increase an employee's step within the salary range to address issues related to recruitment, retention or other business needs.  
 
 
 
 

OTHER BENEFITS 

Dependent Care Salary Reduction Plan  
Pretax Health Care Premiums  
Medical/Dental Expense Account  
Voluntary Separation & Retirement Incentives  
Health Care Benefits Amounts 88% of health care premium Employer pays for basic life, basic LTD and dental  
 
 
 
 

REMEMBER 

Contract Human Resources with any questions as soon as possible.

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