2009-2011 Negotiations
In the fall of 2008, agreements negotiated and ratified by October 1, were not certified by the Director of the Office of Financial Management as financially feasible for the State. Therefore, agreements were not submitted in the Governor’s budgets. The parties resumed negotiations in the spring of 2009. The State successfully negotiated with Unions to reach non-economic contracts for twenty-four (24) master agreements. The agreements include:
- 8 for general government employees at more than 30 agencies;
- 3 for higher education at 23 Washington State colleges, The Evergreen State College and Central and Western Washington University;
- 9 for the Washington State Ferries;
- 1 for the Washington State Patrol; and
- 3 for Washington State adult family home providers, home care and child care workers.
Negotiations are ongoing between the State and the Washington State Patrol Lieutenants Association and SEIU 775 representing home care workers. The State and the Ferry Agents, Supervisors and Project Administrators Association (FASPAA) did not reach a 2009-2011 agreement. Pursuant to RCW 47.64.170 (7), the terms and conditions of the 2007-2009 FASPAA agreement remain in force until a new agreement is negotiated.
Negotiations called for creative solutions to deal with a variety of issues brought forward by Unions and management. The parties focused on improving the workplace and advancing agency goals. Given the economic downturn, wages and health benefit costs remained at the forefront of discussions. Although salary increases were not feasible, the employer and employee paid health care portions were maintained. Interest-based negotiations were able to meet management priorities and address specific union concerns.
Highlighted Changes
Please note, in referring to changes below, not all agreements contain all highlighted changes. Please refer to the applicable agreement(s) for more detailed information.
Appropriate Workplace Behavior
Language addressing respectful, safe and appropriate workplace behavior was added to many agreements. The language addresses concerns of inappropriate behavior as a cause of distraction and interruption from employees’ productivity and the mission of agencies and higher education institutions.
Compensation
Salary increases were negotiated into agreements in the summer of 2008; however they were subsequently negotiated out of the contracts due to severe economic conditions. Increases previously negotiated will be reconsidered during negotiations for 2011-2013 agreements.
Contracting Out and Shared Services
Management agreed to provide Unions with more notice and information when an agency considers contracting out the work of bargaining unit employees.
In the WFSE general government and higher education agreements, language was negotiated to address the possibility of shared services between agencies or higher education institutions. Union proposals related to expanding operations and providing services to other state agencies/higher education institutions will be considered by the State. This will allow discussions about how best to balance financial impacts and mitigate the impacts of budgetary constraints.
Discipline and Grievance Procedure
"Just Cause" is maintained as the standard for discipline. Some Unions will now receive more information about disciplinary actions and investigations earlier in the process.
Health Care
The health care coalition of unions negotiated to maintain the employee/employer healthcare premium. The legislature funded the employer to continue to pay approximately 88% of premiums while 12% will be paid by the employee. To support the statewide goal for a healthy and productive workforce, employees are encouraged to participate in a Health Risk Assessment survey.
Hiring and Appointments
In the Teamsters agreement new language was developed to consider inter-institutional transfer requests. The criteria for approval of transfers is by seniority provided other conditions are met. WPEA higher education used to follow WAC 357 for hiring and appointments, but now has new article language addressing this topic.
Hours of Work and Overtime
The compensatory time accrual maximum was increased in several agreements. Department of Transportation employees (DOT) covered by the WFSE agreement will now have compensatory time balances cashed out on a biennial cycle. Overtime in excess of scheduled work shifts is granted under the WFSE agreement for full-time overtime-eligible employees in the DOT Maintenance bargaining unit and Department of Agriculture employees doing inspections in the Fruit/Vegetable Inspection bargaining unit. The Local 17 agreement also provides for overtime in excess of scheduled work shifts for full-time overtime-eligible engineering employees. The Washington Association of Fish and Wildlife Professionals agreement reduced the approval level for work hours and overtime.
Personal Leave Day
Effective July 1, 2009, one personal leave day per fiscal year is allowed under many agreements. Employees eligible for this new miscellaneous paid leave must be continuously employed for four or six months, depending upon the agreement. The personal leave day cannot be carried over from one fiscal year to the next and the contract provision sunsets June 30, 2011. The use of a personal leave day cannot cause an increase in agency costs due to the need to provide coverage for the employee’s absence.
Seniority
For the Teamsters agreement, seniority calculation is now based upon time spent in Teamsters bargaining units for purposes of bids, extended duty assignments, vacation leave scheduling and overtime in specific cases.
Union Management Communication Committees (UMCCs)
In an effort to make UMCCs more productive, employees are allowed more flexibility in travel and time off to attend. Management has agreed to discuss the challenges with increasing workloads in specific agencies. Hopefully, these discussions will result in prioritization of work with services to Washingtonians unaffected. This agreement comes on the heels of legislation in the recent past ordering agencies to talk about how to complete increasing work with limited resources.
Vacation Leave Accrual
In the WFSE general government and Local 17 agreements vacation accrual during the fifth, sixth and seventh years of employment is no longer based upon “current continuous” employment. Instead, “total” employment is now the basis for vacation leave accrual.