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Training Objectives
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  1. 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

  2. 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

  3. 2009-2011 WFSE Higher Education MasterCollective Bargaining Agreement Contract Overview Training Facilitator Guide

  4. 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

  5. Financial Feasibility • RCW 41.80.010 (3) • Requires Director, OFM to certify financial feasibility • December 17, 2008 • Determination by Director, OFM • Memorandum of Understanding

  6. Preamble • Added Intent Language which is not Grievable • List of Universities and Community Colleges/Districts covered by Master Agreement

  7. Article 1 Union Recognition • Appendix A – “Bargaining Units Represented by the WFSE” • What happens when new units are certified during term of agreement?

  8. 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

  9. Article 3 Workplace Behavior New Article • Mutual respect and professionalism • All employees responsible for contributing to a respectful & professional work environment • Inappropriate workplace behavior will not be tolerated • 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

  10. 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

  11. T Types of Appointments • Types of Appointments • Regular Employment • Cyclic Year Employment • Project • In-Training

  12. 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

  13. Article 5 Temporary Appointments • Application • Appointment • Compensation • Remedial Action • Article specifies rights • Grievances

  14. 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

  15. Article 7 Hours of Work • Definitions • Full-time & Part-time Employees • Overtime-Eligible Employees • Overtime-Exempt Employees • 7(k) Law Enforcement (LE) & LE Employees

  16. Overtime-Eligible Work Schedules Schedule Changes Telephone Calls Meal & Rest Periods Positive Time Reporting LEs Subpoenaed to Court Overtime-Exempt Overtime-Eligible and Overtime-Exempt Employees

  17. Article 8 Overtime • Definition of Work • What is included for overtime purposes • What is excluded for overtime purposes • Overtime Eligibility and Compensation • 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

  18. 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

  19. Article 9 Training & Employee Development • Training & Employee Development • Provided per institution policy and available resources • Master Agreement Training • Up to 30 minutes to travel, to and from • Tuition Fee Waiver • New Employees

  20. Domestic Violence Leave • RCW 49.76 • Eligibility (public employees) • Qualifying event • Notice to the employer • Verification • Job protection • Cited in leave articles

  21. Military Family Leave Entitlements • Federal • Service Member Family Leave • Qualifying Exigency Leave • State • Military Family Leave Act

  22. 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

  23. Article 11 Vacation Leave • Accrual Rates • CWU exception • Vacation Scheduling • 24/7 Operations • Amount actually used • Maximum Accrual

  24. Vacation Leave Use • Family Care • Military Family Leave Act • Domestic Violence Leave Act • Sick Leave Purposes • Emergency Childcare

  25. Article 12 Sick Leave • Accrual • CWU exception • Reasons for Sick Leave • Sick Leave Reporting and Verification • Cash Out • Reemployment

  26. 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

  27. Article 14 New ArticleUniform 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

  28. Article 15Family Medical Leave • Reasons • Exigency leave, when family member called to active duty • Service member family leave • Amount of Time • 12 workweeks/12 months of leave, except 26 workweeks for Servicemember Family Leave • FMLA Concurrent with Other Leave

  29. Article 16 Work-Related Injury or Illness • Time-loss compensation plus sick leave, vacation leave or compensatory time

  30. 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 17 Suspended Operations

  31. 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

  32. 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

  33. 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

  34. Uniforms Where required, will determine and provide or provide equivalent allowance Current practices regarding provision and maintenance Tools & Equipment Current practices Who Pays? Article 21 Uniforms, Tools and Equipment

  35. Article 22Drug and Alcohol Free Workplace • Prescription & Over-the-Counter • Safety-Sensitive Functions • Reasonable Suspension Testing • Post -Accident Testing • Rehabilitation • Discipline • Training

  36. Article 23Travel • Reimbursement for travel expenses • Follow OFM regulations and Employer policy

  37. Article 24 CTR and Parking • Support for Commute Trip Reduction • May Charge Parking Fees • “Me Too” language

  38. Article 25Licensure and Certification • Current Practiceor below, whichever is the greater benefit to the employee • Conditions of Employment • Employee pays • Outside Entity • Employer pays first time, then employee pays • Employer Convenience • Employer pays

  39. Licensing and Certification Reporting • Employees will report within 24 hours or prior to scheduled work shift, if work-related license and/or certification has: • Expired • Been restricted • Revoked • Suspended

  40. Article 26Volunteers and Student Workers • Supplement not Supplant • Will not supervise bargaining unit employees

  41. Resignation Abandonment Unauthorized absence + fail to contact Employer for 3 consecutive days Make reasonable attempts to contact Must call contact numbers Notice of Separation Certified mail Last known address Petition for Reinstatement Postmarked within 15 calendar days Grievability Limited to info in petition Article 27 Resignation & Abandonment

  42. 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

  43. May Discipline a Permanent Employee with “Just Cause” Types of Discipline Notice Pre-disciplinary Documents Representation Article 29 Discipline

  44. Article 30Grievance Procedure • Definition • Filed by the Union • Computation of Time • Pay • Group Grievances • Election of Remedies • Alternative Resolution Process

  45. 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 Grievance Filing and Processing

  46. Article 31Legal Defense • Right to request representation through the Employer per RCW 4.92

  47. Article 32 Employee Assistance Program • Employer provided • Employees can request a schedule adjustment to participate

  48. Article 33Employee Files • Files • Types • Confidentiality • Review of all Files • Removal of Documents • Written reprimands • Discipline

  49. 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

  50. Definition Separation Employment at a lower salary range Reduction in work year Reduction in number of work hours Basis Volunteers Temporary reduction in hours No less than 20 hrs per week Temporary layoff 90 days Layoff Units Appendix B Article 35Layoff & Recall