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CONTRACT OVERVIEW
TRAINING
Master Agreement
Between
State of Washington
And
WA Federation of State Employees
Higher Education
1
OBJECTIVES
Primary focus – What’s NEW?
Help you identify where you might find
specific subjects in the CBA
 Will not cover all the specific language and
articles in the CBA


2
MANDATORY SUBJECTS
Issues that neither party can refuse to negotiate



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
Wages
Hours
Insurance benefit dollar
amount (negotiate at a
different table)
Promotional preference
Other terms and
conditions of
employment
3
RCWs – WACs – POLICIES –
CONTRACT 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.

4
HIRING AND APPOINTMENTS
(Article 3)

*NEW* Definitions of internal promotional, transfer, and
voluntary demotion candidates.
 Internal promotional – employee who applies for
appointment to a class with a higher salary range maximum
 Transfer – employee who applies to a position in the same
class or different class with same salary range maximum
 Voluntary demotion – employee who applies for appointment
to a class with a lower salary range maximum

*NEW* -- College to establish application process for
internal promotions, transfers, and voluntary demotions.
5
TYPES OF APPOINTMENTS

Types of appointments the same – regular,
cyclic, project and in-training

*NEW* For cyclic appointments – at least
fifteen (15) days before start of each annual
cycle, incumbents must receive written notice
of scheduled periods of leave without pay
6
REVIEW PERIODS

Types the same – probationary, trial
service and transition review

Duration of review periods the same – six
(6) months; not to exceed twelve (12)
months
7
REVIEW PERIODS
(Separation Notice)

*NEW* In-Training employment



May be separated (probationary) or reverted (trial
service) at any time with three (3) working days’
notice
If College fails to provide three (3) working days’
notice, separation will stand and employee entitled to
payment of salary for up to three (3) working days,
which employee would have worked had notice been
given
Under no circumstances will notice deficiencies result
in employee gaining permanent status
8
REVIEW PERIODS
(Separation Notice)

*NEW* Probationary period
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May be separated at any time with one (1)
working days’ notice prior to effective date of
separation
If College fails to provide one (1) working days’
notice, separation will stand and employee entitled
to payment of salary for up to one (1) working
day, which employee would have worked had
notice been given
Under no circumstances will notice deficiencies
result in employee gaining permanent status
9
REVIEW PERIODS
(Separation Notice)

*NEW* Trial service period
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May be separated at any time with three (3) working
days’ notice
If College fails to provide three (3) working days’
notice, separation will stand and employee entitled
to payment of salary for up to three (3) working
days, which employee would have worked had
notice been given
Under no circumstances will notice deficiencies
result in employee gaining permanent status
10
TEMPORARY APPOINTMENTS
(Article 4)
*NEW* January 2006 PERC decision to
accrete temporary employees into nonsupervisory bargaining unit
 Must work between 350 - 1050 hours
 *NEW* Excludes students from being
“Represented Individuals”
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11
CONDITIONS
OF
EMPLOYMENT
Must be filled out
and signed by all
temp/hourly
employees
12
PERFORMANCE EVALUATION
(Article 5)

*New* Will not be used to
initiate personnel actions such as
transfer, promotion or discipline
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Use Performance Development
Plan (PDP) form
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NO SURPRISES! Performance
problems brought to attention of
employee before mentioned in
evaluation
13
HOURS OF WORK
(Article 6)

*NEW* Definitions
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Overtime-eligible
employees – employees
who are covered by the
overtime provisions of
state/federal law
Overtime-exempt
employees – employees
who are not covered by the
overtime provisions of
state/federal law
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WORK SCHEDULES
OVERTIME-ELIGIBLE EMPLOYEES
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Regular Work Schedules
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Not more than 40 hours in workweek
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Law enforcement – 160 hours/28 days
With two scheduled days off
Alternate Work Schedules
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9-80’s, 4-10’s, etc.
May be required to switch to regular schedule
during holiday week
15
WORK SCHEDULES
OVERTIME-ELIGIBLE EMPLOYEES
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Schedule Changes
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Temporary
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Permanent
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Adjust without prior notice in emergency or for unforeseen operational
needs
Employee-requested
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*NEW* Must receive 10 days notice
Emergency
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Lasting 21 days or less
*New* Must receive 5 days notice
Requires employer’s approval; business and customer service needs are
met; no overtime expense incurred
Home Phone Calls
 Work-related phone calls received at home counted as time
worked
16
WORK SCHEDULES
OVERTIME-ELIGIBLE EMPLOYEES
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Meal Periods and Rest Periods
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Working more than 5 consecutive hours, employee
entitled to a minimum of a 30 minute meal period
Rest period of 15 minutes for each half shift of 4
hours or more
May not be used for late arrival or early departure
Cannot be combined
17
OVERTIME-EXEMPT
EMPLOYEES

Not covered by federal or state overtime laws

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Expected to work as many hours as necessary to accomplish
assignments or responsibilities
May be required to work specific hours

Appointing Authorities may approve absences with pay
for extraordinary or excessive hours worked

Required to keep management apprised of schedule and
whereabouts

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
18
OVERTIME
(Article 7)
For overtime-eligible positions; not overtimeexempt employees
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Definition of Work
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What is included for overtime purposes
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*NEW* Travel time required by the College, including
any travel time in accordance with state/federal wage
and hour laws
All hours actually spent performing the duties, rounded
to the next quarter hour
Paid leave scheduled at least 1 workday in advance of
being taken
Holidays
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OVERTIME
(Article 7)

Definition of Work (continued)

What is excluded for overtime purposes
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*NEW* Shared leave
Paid leave not scheduled at least 1 workday in advance
of being taken
Leave without pay
Additional compensation for time worked on a holiday
Time compensated as standby, callback, or any other
penalty pay
20
COMPENSATORY TIME
OVERTIME-ELIGIBLE EMPLOYEES

Eligibility
 Upon agreement of supervisor
and employee; not solely
employee’s choice

Maximum amount
 160 hours

Use
 Prior to vacation leave (unless
results in loss of vacation leave)

Cash Out
 Used by June 30th (end of fiscal
year) or cashed out
 Upon separation
 May cash out when employee
transfers to another position
21
TRAINING & EMPLOYEE DEVELOPMENT
(Article 8)
Master agreement training:
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*NEW* Union stewards will
be released with pay on one
(1) occasion for up to four (4)
hours to attend training IF
they attend training during
their scheduled work shift
IF attend training during nonwork hours, will not be
compensated
Union provides training to
union stewards
22
HOLIDAYS
(Article 9)
 Personal
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
Holiday
*NEW* May donate part or all for
shared leave OR may use part or all for
the care of family members (required by
WA State Family Care Act); any
remaining portion must be taken as one
(1) absence
*NEW* College may allow or employee
may use for qualifying sick leave
purposes
23
VACATION LEAVE
(Article 10)
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*NEW* Accruals from prior
month available for use the first
of next month
*NEW* Charged for actual
amount used
*NEW* Emergency childcare –
no more than combined total of
four (4) calendar days of
vacation leave and sick leave per
calendar year
*NEW* College may allow or
employee may use for qualifying
sick leave purposes
24
SICK LEAVE
(Articles 11)
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*NEW* Accruals from prior
month available for use the first of
next month
*NEW* Reasons for usage
slightly broaden to include
domestic partner
*NEW* Emergency childcare –
no more than combined total of
four (4) calendar days of vacation
leave and sick leave per calendar
year
*NEW* Reemployment – 5 years
25
FAMILY AND MEDICAL LEAVE
(Article 13)
*NEW* Added domestic partner as defined by WAC
182-12-260(2) to list of family members

WAC 182-12-260 (2): “A same sex domestic partner qualified
through the declaration certificate issued by PEBB.”
*NEW* Must complete PEBB form to receive FMLA
benefit
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WA State Health Care Authority
*NEW* Parental and Pregnancy Disability Leave
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Granted when sick or temporarily disabled because of
pregnancy and/or childbirth
In addition to 12 weeks of FMLA
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SUSPENDED OPERATIONS
(Article 15)
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Employer determines operations are
suspended
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*NEW* Pay for the first day
Employee options for balance of closure
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*NEW* Employee-requested schedule change
Vacation leave
Personal holiday
Compensatory time
LWOP
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OTHER FORMS OF LEAVE
 Shared Leave – Article 12
 Work Related Illness or Injury – Article 14
 Miscellaneous Paid Leaves – Article 16
 Bereavement – 3 days
 Jury Duty
 Personal Leave- 1 8-hr workday 7/1/07 - 6/30/09
(prorated for part-time employees)
 Leave without Pay – Article 17
28
DRUG & ALCOHOL FREE WORKPLACE
(Article 20)

Must comply with Drug-Free
Schools and Communities Act
and the Drug-Free Schools and
Campuses Regulations
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Prescription and over-the counter
medications – must notify
supervisor if substantial
likelihood medication will affect
job safety

Types of Testing -- Preemployment, Post- accident,
Post-firearm Shooting &
Reasonable Suspicion
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LICENSURE & CERTIFICATION
(ARTICLE 23)
Continue current practices
 *NEW* Conditions of Employment
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*NEW* Outside Entity
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Employee always pays
Example: physician assistant
Employer pays first time then employee pays
Example: commercial drivers license (CDL)
*NEW* Employer Convenience
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Employer pays
Example: notary public
30
RESIGNATION & ABANDONMENT
(Article 25)
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Voluntary Resignation
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*NEW* May permit withdrawal at any time
prior to effective date
Abandonment
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
Unauthorized absence and fail to contact
Employer for 3 consecutive days
*NEW* Reasonable attempts to contact,
including calling phone number and emergency
contacts
31
DISCIPLINE
(Article 27)
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Just Cause standard
Types of Discipline:
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Oral & written reprimands
Reductions in pay
Suspensions
Demotions
Discharges
Right to representation
32
GRIEVANCE PROCEDURE
(Article 28)
Definition of grievance –
violation, misapplication or
misinterpretation of
agreement
 Filed and signed by the
Union – individual
employees cannot file on
their own
 *NEW* Will be processed
to completion in
accordance with provisions
of this agreement
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CONTENTS OF A GRIEVANCE
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*NEW* Date knew or could reasonably known
*NEW* Steps taken to resolve informally
Nature of the grievance
Facts upon which it is based
Specific article and section of the Agreement
Specific remedy
Name of the grievant(s)
Name and signature of the Union representative
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FILING AND PROCESSING
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Filed within 56 days
to supervisor
Step 1– Supervisor ,
manager or designee
Step 2– VP or
designee
Step 3–Mediation or
Pre-Arbitration Review
Meeting (PARM)
Step 4- Arbitration
35
LAYOFF AND RECALL
(Article 33)

*NEW* Definition: employer-initiated
action that results in separation, employment
in class with lower salary range maximum,
reduction in work year, or reduction in
number of hours worked

Temporary Layoff
 *NEW* If not due to lack of funds - upon
request, may be paid for accrued leave up
to the equivalent of regular work schedule
for the duration of the layoff
36
SKILLS AND ABILITIES

*NEW* What are and where
do you find the skills and
abilities required for a
position?

Documented criteria
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License/certification requirements
Federal and state requirements
Position descriptions
BFOQ’s
Recruitment announcements
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Other Employer documents
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37
MANDATORY SUBJECTS
(Article 35)

Employer notifies the
Union

Union may request
negotiations, within
14 calendar days of
receipt, on the impact
of the changes on
employee’s working
conditions. Impact
only, not decision.
38
UNION-MANAGEMENT
COMMUNICATION COMMITTEE
(Article 36)

No authority to:
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Conduct negotiations
Bargain collectively
Modify any provision of the
Agreement
Work Time for:

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*NEW* 30 min premeetings
Meetings
39
UNION ACTIVITIES
(Article 38)
“Upon request, an employee will
have the right to representation at
all levels on any matter adversely
affecting his or her conditions of
employment.”
Cannot unreasonably delay or postpone a
meeting
 Right does not apply in specific situations (e.g.,
giving instructions, assigning work, during staff
meetings, etc.)

40
UNION ACTIVITIES
(Article 38)

*NEW* Union Newsstands

*NEW* Distribution of Material
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A Union-designated employee will have access
once per month to worksite for distributing Union
information provided:
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Employee is on break time or off duty;
Does not disrupt College operations;
Will normally occur via desk drops, mailboxes or mutually
agreed upon alternative method; and
HRS is notified in advance.
41
CLASSIFICATION
(Article 40)

*NEW* College will maintain a
position description for each
position.

Employee may request review of
his/her classification

*NEW* Temporary duty assignments not
basis for reallocation
42
COMPENSATION
(Articles 41)

Pay Range Assignments
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*NEW* Increases
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State (DOP) Salary Schedule
*NEW* “SP” Range
*NEW* “N1” Range
July 1, 2007 – 3.2%
July 1, 2008 – 2.0%
*NEW* Additional Steps


“L” on July 1, 2007
“S” & “T” on July 1, 2007 for “N1”
Range only
43
ADDITIONAL INCREASES

One-time Payment
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
*NEW* Insurance eligible month of June 2007 &
covered by agreement receive $756.00 on July 25,
2007
Classification Consolidation
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Implementation of final phase DOP consolidation project
Salary Survey to 25% of Prevailing Rate

Effective July 1, 2007
NO DOUBLE DIPPING – Get highest increase
under class consolidation and salary survey; not
both
44
OTHER COMPENSATION
ISSUES

*NEW* Shift
Premium

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$.60 on 7/1/07
$.65 on 7/1/08
45
HEALTH CARE BENEFITS AMOUNT
(Articles 42)

Health Care Benefits Amounts
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
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88% of health care premium
Employer pays for basic life, basic LTD and dental
Other Benefits

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Dependent Care Salary Reduction Plan
Pretax Health Care Premiums
Medical/Dental Expense Account
46
CONTRACTING
(Article 47)

Competitive Contracting
Employer determines
 RCW 41.06.142
 WAC 236-51
 WAC 357-43


No waiver to negotiate
47
TESC
(*NEW* Appendix J)
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Wellness
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Educational Benefits (full-time employees)
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Ten (10) non-transferable FREE passes to CRC for each year
of agreement
Minimum of three (3) group instruction classes
Tuition waiver
Release time
Parking
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Use WAC 174-116 process to set fees
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Resources
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For collective bargaining agreement:
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www.wfse.org
www.evergreen.edu/employment/unioncontract.htm
Copy of this presentation

www.evergreen.edu/employment/unioncontract.htm
49
THANK
YOU!
50