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CONTRACT OVERVIEW TRAINING

CONTRACT OVERVIEW TRAINING. Master Agreement Between State of Washington And WA Federation of State Employees Higher Education. OBJECTIVES. Primary focus – What’s NEW ? Help you identify where you might find specific subjects in the CBA

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CONTRACT OVERVIEW TRAINING

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  1. CONTRACT OVERVIEW TRAINING Master Agreement Between State of Washington And WA Federation of State Employees Higher Education

  2. 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

  3. MANDATORY SUBJECTSIssues that neither party can refuse to negotiate • Wages • Hours • Insurance benefit dollar amount (negotiate at a different table) • Promotional preference • Other terms and conditions of employment

  4. 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.

  5. 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.

  6. 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

  7. 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

  8. 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

  9. REVIEW PERIODS(Separation Notice) • *NEW* Probationary period • 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

  10. REVIEW PERIODS(Separation Notice) • *NEW* Trial service period • 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

  11. TEMPORARY APPOINTMENTS(Article 4) • *NEW* January 2006 PERC decision to accrete temporary employees into non-supervisory bargaining unit • Must work between 350 - 1050 hours • *NEW* Excludes students from being “Represented Individuals”

  12. CONDITIONS OF EMPLOYMENT Must be filled out and signed by all temp/hourly employees

  13. PERFORMANCE EVALUATION(Article 5) • *New* Will not be used to initiate personnel actions such as transfer, promotion or discipline • Use Performance Development Plan (PDP) form • NO SURPRISES! Performance problems brought to attention of employee before mentioned in evaluation

  14. HOURS OF WORK(Article 6) • *NEW* Definitions • 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

  15. Regular Work Schedules Not more than 40 hours in workweek Law enforcement – 160 hours/28 days With two scheduled days off Alternate Work Schedules 9-80’s, 4-10’s, etc. May be required to switch to regular schedule during holiday week WORK SCHEDULESOVERTIME-ELIGIBLE EMPLOYEES

  16. Schedule Changes Temporary Lasting 21 days or less *New* Must receive 5 days notice Permanent *NEW* Must receive 10 days notice Emergency Adjust without prior notice in emergency or for unforeseen operational needs Employee-requested 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 WORK SCHEDULESOVERTIME-ELIGIBLE EMPLOYEES

  17. Meal Periods and Rest Periods 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 WORK SCHEDULESOVERTIME-ELIGIBLE EMPLOYEES

  18. OVERTIME-EXEMPT EMPLOYEES • Not covered by federal or state overtime laws • 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

  19. OVERTIME(Article 7) For overtime-eligible positions; not overtime-exempt employees • Definition of Work • What is included for overtime purposes • *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

  20. OVERTIME(Article 7) • Definition of Work (continued) • What is excluded for overtime purposes • *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

  21. COMPENSATORY TIMEOVERTIME-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

  22. TRAINING & EMPLOYEE DEVELOPMENT(Article 8) Master agreement training: • *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 • IFattend training during non-work hours, will not be compensated • Union provides training to union stewards

  23. HOLIDAYS(Article 9) • Personal 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

  24. VACATION LEAVE(Article 10) • *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 sickleave per calendar year • *NEW* College may allow or employee may use for qualifying sick leave purposes

  25. SICK LEAVE (Articles 11) • *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 sickleave per calendar year • *NEW* Reemployment – 5 years

  26. 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 • WA State Health Care Authority *NEW* Parental and Pregnancy Disability Leave • Granted when sick or temporarily disabled because of pregnancy and/or childbirth • In addition to 12 weeks of FMLA

  27. SUSPENDED OPERATIONS(Article 15) • Employer determines operations are suspended • *NEW* Pay for the first day • Employee options for balance of closure • *NEW* Employee-requested schedule change • Vacation leave • Personal holiday • Compensatory time • LWOP

  28. 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

  29. DRUG & ALCOHOL FREE WORKPLACE(Article 20) • Must comply with Drug-Free Schools and Communities Act and the Drug-Free Schools and Campuses Regulations • Prescription and over-the counter medications – must notify supervisor if substantial likelihood medication will affect job safety • Types of Testing -- Pre-employment, Post- accident, Post-firearm Shooting & Reasonable Suspicion

  30. LICENSURE & CERTIFICATION(ARTICLE 23) • Continue current practices • *NEW* Conditions of Employment • Employee always pays • Example: physician assistant • *NEW* Outside Entity • Employer pays first time then employee pays • Example: commercial drivers license (CDL) • *NEW* Employer Convenience • Employer pays • Example: notary public

  31. Voluntary Resignation *NEW* May permit withdrawal at any time prior to effective date Abandonment Unauthorized absence and fail to contact Employer for 3 consecutive days *NEW* Reasonable attempts to contact, including calling phone number and emergency contacts RESIGNATION & ABANDONMENT(Article 25)

  32. DISCIPLINE(Article 27) • Just Cause standard • Types of Discipline: • Oral & written reprimands • Reductions in pay • Suspensions • Demotions • Discharges • Right to representation

  33. 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

  34. CONTENTS OF A GRIEVANCE • *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

  35. FILING AND PROCESSING • 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

  36. 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

  37. SKILLS AND ABILITIES • *NEW* What are and where do you find the skills and abilities required for a position? • Documented criteria • License/certification requirements • Federal and state requirements • Position descriptions • BFOQ’s • Recruitment announcements • Other Employer documents

  38. 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.

  39. UNION-MANAGEMENT COMMUNICATION COMMITTEE (Article 36) • No authority to: • Conduct negotiations • Bargain collectively • Modify any provision of the Agreement • Work Time for: • *NEW* 30 min pre-meetings • Meetings

  40. 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.)

  41. UNION ACTIVITIES(Article 38) • *NEW* Union Newsstands • *NEW* Distribution of Material • A Union-designated employee will have access once per month to worksite for distributing Union information provided: • 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.

  42. 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

  43. COMPENSATION(Articles 41) • Pay Range Assignments • State (DOP) Salary Schedule • *NEW* “SP” Range • *NEW* “N1” Range • *NEW* Increases • 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

  44. ADDITIONAL INCREASES • One-time Payment • *NEW* Insurance eligible month of June 2007 & covered by agreement receive $756.00 on July 25, 2007 • Classification Consolidation • 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

  45. *NEW* Shift Premium $.60 on 7/1/07 $.65 on 7/1/08 OTHER COMPENSATION ISSUES

  46. HEALTH CARE BENEFITS AMOUNT(Articles 42) • Health Care Benefits Amounts • 88% of health care premium • Employer pays for basic life, basic LTD and dental • Other Benefits • Dependent Care Salary Reduction Plan • Pretax Health Care Premiums • Medical/Dental Expense Account

  47. CONTRACTING(Article 47) • Competitive Contracting • Employer determines • RCW 41.06.142 • WAC 236-51 • WAC 357-43 • No waiver to negotiate

  48. TESC(*NEW* Appendix J) • Wellness • Ten (10) non-transferable FREE passes to CRC for each year of agreement • Minimum of three (3) group instruction classes • Educational Benefits (full-time employees) • Tuition waiver • Release time • Parking • Use WAC 174-116 process to set fees

  49. Resources • For collective bargaining agreement: • www.wfse.org • www.evergreen.edu/employment/unioncontract.htm • Copy of this presentation • www.evergreen.edu/employment/unioncontract.htm

  50. THANK YOU!

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