General Government Tentative Agreement

8/11/2019 General Government Tentative Agreement

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WFSE GG TENTATIVE AGREEMENT 2015-171

WFSEGG TENTATIVE AGREEMENT 2015-2017


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PREAMBLE

This Agreement is entered into by the State of Washington, referred to as theEmployer, and the Washington Federation of State Employees, AFSCME, Council 28,AFL-CIO, referred to as the Union. It is the intent of the parties to establish

employment relations based on mutual respect, provide fair treatment to all employees,promote efficient and cost-effective service delivery to the customers and citizens of theState of Washington, improve the performance results of state government, recognize thevalue of employees and the work they perform, specify wages, hours, and other terms andconditions of employment, and provide methods for prompt resolution of differences.The Preamble is not subject to the grievance procedure inArticle 29.

ARTICLE 1

UNION RECOGNITION

1.1 This Agreement covers the employees in the bargaining units described in

Appendix A, entitled Bargaining Units Represented by the WashingtonFederation of State Employees, but it does not cover any statutorily excludedpositions or any positions excluded in Appendix A. The titles of the jobs listed inAppendix A are listed for descriptive purposes only. This does not mean that thejobs will continue to exist or be filled.

1.2 The Employer recognizes the Union as the exclusive bargaining representative forall employees in bargaining units described in Appendix A and Section 1.3.

1.3 If the Public Employment Relations Commission (PERC) certifies the Union asthe exclusive representative for a bargaining unit in general government duringthe term of this Agreement, the terms of this Agreement will apply.

ARTICLE 2

NON-DISCRIMINATION

2.1 Under this Agreement, neither party will discriminate against employees on thebasis of religion, age, sex, status as a breastfeeding mother, marital status, race,color, creed, national origin, political affiliation, military status, status as anhonorably discharged veteran, disabled veteran or Vietnam era veteran, sexualorientation, any real or perceived sensory, mental or physical disability, geneticinformation, or because of the participation or lack of participation in unionactivities. Bona fide occupational qualifications based on the above traits do notviolate this Section.

2.2 Both parties agree that unlawful harassment will not be tolerated.

2.3 Employees who feel they have been the subjects of discrimination are encouragedto discuss such issues with their supervisor or other management staff, or file acomplaint in accordance with agency policy. In cases where an employee filesboth a grievance and an internal complaint regarding the alleged discrimination,


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the grievance process will be immediately suspended until the internal complaintprocess has been completed. Following completion of the internal complaintprocess, the Union may request the grievance process be continued. Such requestmust be made within twenty-one (21) calendar days of the employee and theUnion being notified in writing of the findings of the internal complaint.

2.4 Both parties agree that nothing in this Agreement will prevent the implementationof an approved affirmative action plan.

ARTICLE 3

BID SYSTEM

3.1 ApplicabilityA. This Article applies only to staff employed at a correctional facility in the

Department of Corrections, or at an institution in the Department of Socialand Health Services, or the Department of Veterans Affairs, and who work

in positions that may require relief or coverage. For purposes of thisarticle the Special Commitment Center and the Secure CommunityTransition Facilities within the Department of Social and Health Serviceswill be considered one (1) institution. This Article also applies toemployees at an institution in the Department of Social and HealthServices, the School for the Blind, Center for Childhood Deafness andHearing Loss, Department of Enterprise Services who work in theFacilities Division,Department of Fish and Wildlife (Section 3.11only),Washington State Lottery (Section 3.12only), Department of Agriculture(Section 3.13only) and the Washington State Patrol (Section 3.14only).

B. This Article does not apply to the filling of non-permanent, on-call,project or, except at the School for the Blind and the Center for ChildhoodDeafness and Hearing Loss, career seasonal positions.

3.2 DefinitionsFor purposes of this Article only, the following definitions apply:

A. Bid PositionsPositions filled as a result of a bid.

B. Bid SystemA process allowing employees with permanent status to submit bids to

other positions within their employing institution in the same jobclassification in which they currently hold permanent status or to a lowerclassification in which they have previously held status. A permanentpart-time employee will be eligible to bid for full-time positions aftercompletion of one thousand and forty (1,040) hours of employment withinthe job classification. A permanent full-time employee will be eligible tobid on part-time positions in the same job classification in which he/she


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currently holds permanent status or to a lower classification in whichhe/she has previously held status.

C. PositionA particular combination of shifts and days off, except for the Departmentof Social and Health Services (DSHS), Department of Veterans Affairs(DVA) and the Department of Corrections (DOC). In DSHS, DVA andDOC, a position is defined as a particular combination of shift, days offand location. Within institutions at DSHS, a float designation shall beconsidered a location for bid purposes when the institution has a float poolwith permanent positions.

3.3 Components of a Bid

Bids will indicate the employees choice of shift, days off (and for DSHS, DVAand DOC, location) and job classification. Employees will be responsible for theaccuracy of their bids. Each bid will remain active for a period of six (6) monthsfrom the date submitted by the employee.

3.4 Submittal and Withdrawal of BidsAny bids submitted after the date a vacancy is considered to have occurred willnot be considered for that vacancy. Employees may withdraw their bids, inwriting, at any time prior to the referral.

3.5 New Positions or Reallocated PositionsWhen a new position is established or a vacant position is reallocated, theEmployer will post the position for seven (7) calendar days if the combination ofshift and days off (and, for DSHS, DVA and DOC, location) does not currentlyexist. The agencies will use electronic and/or hard copy methods for notification.

3.6 VacancyFor purposes of this Article, a vacancy occurs when:

A. An employee notifies management, in writing, that he or she intends tovacate his or her position; or

B. Management notifies an employee, in writing, that the employee will beremoved from his or her position.

3.7 Awarding a Bid

When a permanent vacancy occurs, the Employer will determine if any employeehas submitted a transfer or a voluntary demotion request for the shift and days off.Seniority will prevail provided the employee has the skills and abilities necessaryto perform the duties of the position. An employees bid request may be turneddown if the employee has documented attendance or performance problems. Theemployee will begin working in the new position within forty-five (45) calendardays of being awarded the bid unless circumstances warrant otherwise.


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3.8 Commitment Following an Award or Refusal of a BidA. For all agencies except DSHS, when an employee has been awarded a bid,

or refuses an awarded bid, the employee will be prohibited fromrequesting other bids for a minimum of six (6) months. The six (6) monthperiod will begin on the first day the employee is assigned the new shift

and/or days off. All other active bids the employee has on file will beremoved from the bid system.

B. For DSHS, when an employee has been awarded a bid, the employee willbe prohibited from requesting other bids for a minimum of twelve (12)months. If an employee refuses an awarded bid, the employee will beprohibited from requesting other bids for a minimum of six (6) months.The time period will begin on the first day the employee is assigned thenew shift, days off and/or location. All other active bids the employee hason file will be removed from the bid system.

3.9 Whenever there is need for a major change in residential settings such as

elimination of positions or major changes to shifts or assignments, the Union andthe Employer may agree to suspend the procedure described in Sections 3.3through 3.6and3.8above and allow all employees to bid on positions, which willbe filled in accordance with the procedures inSections 3.7of this Article.

3.10 Reassignment from a Bid Position

Nothing in this Article will preclude management from reassigning an employeefrom his or her bid position to another position on a different shift or to a positionwith different days off, provided the employee is notified, in writing, of thereason(s) for the reassignment. A copy of the notice will be sent to the Union.

3.11 Department of Fish and WildlifeA. Fish ProgramHatcheries Division

1. When a vacancy occurs or a new position is created, the openingwill be posted via department e-mail to all hatchery facilities for aperiod of fourteen (14) calendar days from the date of the officialwritten notification to Personnel of the need to open a recruitment.Employees who hold permanent status in the job classification ofthe position they are interested in transferring into may bid onopenings. To bid, employees must send an e-mail to the agencyspersonnel office during the posting period indicating the positionand geographic location of the position they wish to bid on. Only

those employees who have worked at their current location inexcess of six four (64) years and who have the required skills andabilities of the position will be eligible to bid. E-mail notificationby the employee must occur during the fourteen (14) day periodand it is the sole responsibility of the employee to ensure the e-mail is sent and received during this time frame. Employeessubmitting an e-mail indicating an interest and desire to transfer to


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a vacancy or a new position will accept the vacancy should it beoffered to them.

2. In accordance with Subsection B.1. above, when a vacancy occursor a new position is created, the Department will award the bid onthe basis of seniority as defined inArticle 33,except as providedfor in Subsection C below. Seniority will prevail provided theemployee has, as determined by the Employer, the skills andabilities necessary to perform the duties of the position and theemployee does not have any documented attendance orperformance problems within the calendar year immediatelypreceding the bid transfer request.

B. Hardship TransfersFor purposes of this Article, a hardship transfer is defined as a medical, orsafety-threatening situation causing specific loss or suffering to an

employee or the employees spouse, state registered domestic partner asdefined byRCW 26.60.020and26.60.030,children, parents, or spousesparents. This provision includes stepchildren and stepparents. Employeeswho have a hardship may request a hardship transfer to a vacant or newposition. Requests for hardship will be submitted to the Union. Thosesupported by the Union will be forwarded with a written record of support,including the original employee request and all supporting documentation,to the Appointing Authority for consideration. The Appointing Authoritysdecision on the request for a hardship transfer will be final and is notsubject to the grievance procedure.

3.12 Washington State LotteryA. Prior to a vacant District Sales Representative (DSR) position being open

for recruitment, the Regional Sales Manager will have the opportunity torealign or reassign territories. Input from the DSRs within the region willbe considered, and the Lottery will look for ways to incorporate changeswith the least amount of negative impact to the DSRs. The Regional SalesManager will determine the position to be open for recruitment, afterconsidering input from the DSRs within the region.

B. All DSRs statewide will be notified of vacancies within the bargainingunit. DSRs indicating an interest in a transfer to the vacant position will

be considered utilizing the following criteria:

1. Demonstrated service to retailers.2. Efficiency and effectiveness of performance.3. Seniority based on employee preference.
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C. If the employee is not selected after consideration of the first two (2)criteria listed above, the Regional Sales Manager will discuss with theemployee the reason(s) for the decision.

3.13 Department of AgricultureGrain Inspection Program

Bidding and assignment of permanent work shifts for bargaining unit employeeswill be performed annually, unless a shorter period of time is mutually agreed tobetween the parties, or at the addition or deletion of a work shift. Senioritycriteria for awarding a bid will be based on uninterrupted service date, notincluding military time, and with due regard for needs of industry, the Employerand employees.

This sub-article does not apply to employees in an inspector in-training series.

3.14 Washington State PatrolFingerprint Technicians, Leads and SupervisorsBidding and assignment of permanent work shifts for Fingerprint Technicians,Leads and Supervisors will be performed semi-annually in January and July.

New shifts begin on the Sunday closest to January 1 or July 1 regardless of themonth in which the Sunday occurs. Openings will be provided for a period oftwenty-eight (28) calendar days prior to the beginning of a new schedule andeligible employees may bid on openings during this period. FingerprintTechnician 1s will be subject to training requirements and may be assigned to ashift to meet training needs during probationary periods.

ARTICLE 4

HIRING AND APPOINTMENTS

4.1 Filling Positions

The Employer will determine when a position will be filled, the type ofappointment to be used when filling the position, and the skills and abilitiesnecessary to perform the duties of the specific position within a job classification.Only those candidates who have the position-specific skills and abilities requiredto perform the duties of the vacant position will be referred for furtherconsideration by the employing agency.

A. An agencys internal layoff list will consist of employees who haveelected to place their name on the layoff list through Article 34,Layoffand Recall, of this Agreement and are confined to each individual agency.

B. The statewide layoff list will consist of employees who have elected toplace their name on the statewide layoff list in accordance withWAC 357-46-080.

C. A promotional candidate is defined as an employee who has completed theprobationary period within a permanent appointment and has attainedpermanent status within the agency.
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D. A transfer candidate is defined as an employee in permanent status in thesame classification as the vacancy within the agency.

E. A voluntary demotion candidate is defined as an employee in permanentstatus moving to a class in a lower salary range maximum within theagency.

F. When filling a vacant position with a permanent appointment, candidateswill be certified for further consideration in the following manner:

1. The most senior candidate on the agencys internal layoff list withthe required skills and abilities who has indicated an appropriategeographic availability will be appointed to the position.

2. If there are no names on the internal layoff list, the agency willcertify up to twenty (20) candidates for further consideration. Upto seventy-five percent (75%) of those candidates will be statewide

layoff, agency promotional, internal transfers, and agencyvoluntary demotions. All candidates certified must have theposition-specific skills and abilities to perform the duties of theposition to be filled. If there is a tie for the last position on thecertification for either promotional or other candidates, the agencymay consider up to ten (10) additional tied candidates. The agencymay supplement the certification with additional tied candidatesand replace other candidates who waive consideration with likecandidates from the original pool.

3. Employees in the General Government Transition Pool Program

who have the skills and abilities to perform the duties of the vacantposition may be considered along with all other candidates whohave the skills and abilities to perform the duties of the position.

4. If the certified candidate pool does not contain at least three (3)affirmative action candidates, the agency may add up to three (3)affirmative action candidates to the names certified for theposition.

5. When recruiting for multiple positions, the agency may add anadditional five (5) agency candidates and five (5) other candidatesto the certified list for each additional position.

4.2 Recruitment and Application ProcessAgencies will determine the recruitment process that will be utilized to fillpositions. When recruiting for a bargaining unit position, the recruitmentannouncement will be posted for a minimum of seven (7) calendar days. Thesemay include the Department of Enterprise Services online recruiting system,agency electronic process, and/or paper applications as indicated on therecruitment announcement. In addition, agencies may use their intranet to post


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2. A permanent employee who accepts a non-permanent appointmentwithin his or her agency will have the right to return to his or herposition in the agency or to a position in the permanentclassification he or she left at the completion of the non-permanentappointment; provided, that the employee has not left the original

non-permanent appointment, unless the original AppointingAuthority agrees otherwise. An employee with permanent statusmay accept a non-permanent appointment to another agency. Atleast fourteen (14) calendar days prior to accepting theappointment, the employee must notify his or her currentAppointing Authority of the intent to accept a non-permanentappointment. Upon notification of the employees intent, theemployees permanent agency will notify the employee, in writing,of any return rights to the agency and the duration of those returnrights. At a minimum, the agency must provide the employeeaccess to the agencys internal layoff list.

3. The Employer may convert a non-permanent appointment into apermanent appointment if the Employer used a competitive processto fill the non-permanent appointment or if the non-permanentappointment was filled using a veteran placement program. In suchcircumstances the employee will serve a probationary or trialservice period. The Employer must followArticle 3,Bid System orappoint an internal layoff candidate, if one exists, beforeconverting an employee from a non-permanent appointment to apermanent appointment.

4. Time spent in the non-permanent appointment will count towards

the probationary or trial service period if the employee and theemployees position is converted from a non-permanentappointment to a permanent appointment in accordance withsubsection 3 above.

5. Time spent in the non-permanent appointment may count towardsthe probationary or trial service period for the permanent positionwithin the same job classification.

56. The Employer may end a non-permanent appointment at any timeby giving one (1) working days notice to the employee. If an

employee is terminated for misconduct and the misconduct forwhich the employee is terminated is documented in the personnelfile, just cause will apply.

B. On-Call EmploymentThe Employer may fill a position with an on-call appointment where thework is intermittent in nature, is sporadic and it does not fit a particularpattern. The Employer may end on-call employment at any time by giving


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notice to the employee. If an employee is terminated for misconduct andthe misconduct for which the employee is terminated is documented in thepersonnel file, just cause will apply.

C. In-Training Employment1. The Employer may designate specific positions, groups of

positions, or all positions in a job classification or series as in-training. The Employer will determine and document the trainingprogram, including a description and length of the program. Thein-training plan must include:

a. The title of the goal class of the in-training plan.

b. The duties and responsibilities of the goal class.

c. The job classes that will be used to reach the goal class.

d. The skills and abilities that must be acquired by theemployee while in-training to the goal class.

The training plan may include any of the following components:

e. On-the job training;

f. Classroom or field instruction;

g. Courses conducted by an educational institution, vocationalschool, or professional training organization; or

h. Written, oral and/or practical examinations(s).

Unless other staffing methods have been exhausted, positions withprimary responsibility for supervision will not be designated as in-training positions.

2. A candidate who is initially hired into an in-training position mustsuccessfully complete the job requirements of the appointment.The Employer may separate from state service any employee whohas completed the probationary period for an in-trainingappointment but does not successfully complete the subsequent

trial service period(s) required by the in-training program.Employees who are not successful may be separated at any timewith one (1) working days notice from the Employer. Withinseven (7) days of the effective date of the separation, the employeemay request a review of the separation by the Director or Secretaryof the agency or designee.


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3. An employee with permanent status who accepts an in-trainingappointment will serve a trial service period(s), depending on therequirements of the in-training program. The trial service periodand in-training program will run concurrently. The Employer mayrevert an employee who does not successfully complete the trial

service period(s) at any time with one (1) working days notice.The employees reversion right will be to the job classification thatthe employee held permanent status in prior to his or her in-training appointment, in accordance with Subsections 4.6 B.3 and4.6 B.4 of this Article.

4. A trial service period may be required for each level of the in-training appointment, or the entire in-training appointment may bedesignated as the trial service period. The trial service period andin-training program will run concurrently. The Employer willdetermine the length of the trial service period(s) to be served byan employee in an in-training appointment, however thecumulative total of the trial service periods for the entire in-training appointment will not exceed thirty-six (36) months. Theappointment letter will inform the employee of how the trialservice period(s) will be applied during the in-trainingappointment.

5. If a trial service period is required for each level of the in-trainingappointment, the employee will attain permanent status in eachclassification upon successful completion of the concurrenttraining program and trial service period at each level.

6. If the entire in-training programmeaning all levels within the in-training appointmentis designated as a trial service period, theemployee will attain permanent status in the goal classificationupon successful completion of the training requirements andconcurrent trial service period for the entire in-training program.

D. Project Employment1. The Employer may appoint employees into project positions for

which employment is contingent upon state, federal, local, grant,or other special funding of specific and of time-limited duration.The Employer will notify the employees, in writing, of the

expected ending date of the project employment.

2. Employees who have entered into project employment withoutpreviously attaining permanent status will serve a probationaryperiod. Employees will gain permanent project status uponsuccessful completion of their probationary period.


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4.6 Review PeriodsA. Probationary Period

1. Every part-time and full-time employee, following his or her initialappointment to a permanent position, will serve a probationaryperiod of six (6) consecutive months, except for employees in any

job classification listed in Appendix L, Job Classifications Twelve Month Probationary Period, will serve a twelve (12) monthprobationary period. Agencies may extend the probationary periodfor an individual employee as long as the extension does not causethe total period to exceed twelve (12) months. Employees will beprovided with an a written explanation for the extension. If theextension is based on performance issues, the employee willreceive a performance improvement plan.

2. The Employer may separate a probationary employee at any timeduring the probationary period. The Employer will provide theemployee five (5) working days written notice prior to theeffective date of the separation. However, if the Employer fails toprovide five (5) working days notice, the separation will stand andthe employee will be entitled to payment of salary for up to five (5)working days, which the employee would have worked had noticebeen given. Under no circumstances will notice deficiencies orperformance improvement plan issues result in an employeegaining permanent status. The separation of a probationaryemployee will not be subject to the grievance procedure inArticle29.

3. The Employer will extend an employees probationary period, on a

day-for-a-day basis, for any day(s) that the employee is on leavewithout pay or shared leave, except for leave taken for militaryservice.

4. An employee who is appointed to a different position prior tocompleting his or her initial probationary period will serve a newprobationary period. The length of the new probationary periodwill be in accordance with Subsection 4.6 A, unless adjusted by theAppointing Authority for time already served in probationarystatus. In no case, however, will the total probationary period beless than six (6) consecutive months.

5. With approval of the Employer, an employee who accepts a non-permanent appointment to a higher level position in the same jobseries while serving an initial probationary period, may resumehis/her probationary period and receive credit for time alreadyserved in probationary status if he/she returns to the same positionhe/she vacated.


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6. If the Employer converts the status of a non-permanentappointment to a permanent appointment, the incumbent employeewill serve a probationary period. However, the Employer maycredit time worked in the non-permanent appointment towardcompletion of the probationary period within the same job

classification as defined in Subsection 4.6 A.

B. Trial Service Period1. Employees with permanent status who are promoted, or who

voluntarily accept a transfer or demotion into a job classificationfor which they have not previously attained permanent status, willserve a trial service period of six (6) consecutive months. Agenciesmay extend the trial service period for an individual employee aslong as the extension does not cause the total period to exceedtwelve (12) months.

Employees in an in-training appointment will follow the provisions

outlined in Subsection 4.5 C.

2. Any employee serving a trial service period will have his or hertrial service period extended, on a day-for-a-day basis, for anyday(s) that the employee is on leave without pay or shared leave,except for leave taken for military service.

3. An employee who is appointed to a different position prior tocompleting his or her trial service period will serve a new trialservice period. The length of the new trial service period will be inaccordance with Subsection 4.6 B, unless adjusted by the

Appointing Authority for time already served in trial service status.In no case, however, will the total trial service period be less thansix (6) consecutive months.

34. An employee serving a trial service period may voluntarily revertto his or her former permanent position within fifteen (15) days ofthe appointment, provided that the position has not been filled oran offer has not been made to an applicant. An employee serving atrial service period may voluntarily revert at any time to a fundedpermanent position in the same agency that is:

a. Vacant or filled by a non-permanent employee and iswithin the employees previously held permanent jobclassification.

b. Vacant or filled by a non-permanent employee at or belowthe employees previous salary range.

The reversion option, if any, will be determined by the Employerusing the order listed above. In both (a) and (b) above, the


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Employer will determine the position the employee may revert toand the employee must have the skills and abilities required for theposition. If possible, the reversion option will be within areasonable commuting distance for the employee.

45. With five (5) working days written notice by the Employer, anemployee who does not satisfactorily complete his or her trialservice period will be reverted to a funded permanent position inthe same agency, that is:


b. Vacant or filled by a non-permanent employee at or belowthe employees previous salary range.

The reversion option, if any, will be determined by the Employerusing the order listed above. In both (a) and (b) above, theemployee being reverted must have the skills and abilities requiredfor the vacant position. If possible, the reversion option will bewithin a reasonable commuting distance for the employee.

If the Employer fails to provide five (5) working days notice, thereversion will stand and the employee will be entitled to paymentof the difference in the salary for up to five (5) working days,which the employee would have worked at the higher level ifnotice had been given. Under no circumstances will notice

deficiencies result in an employee gaining permanent status in thehigher classification.

56. An employee who has no reversion options or does not revert tothe highest classification in which he or she previously attainedpermanent status may request that his or her name be placed on theagencys internal layoff list for positions in job classificationswhere he or she had previously attained permanent status.

67. An employee who is separated during his or her trial service periodmay request a review of the separation by the Director or Secretaryof the agency or designee within twenty-one (21) calendar daysfrom the effective date of the separation. The reversion ofemployees who are unsuccessful during their trial service period isnot subject to the grievance procedure inArticle 29.

4.7 Department of Transportation Maintenance Technicians Promotion

Process

A. Maintenance Technician 2 positions will be established and allocated tothe appropriate classification as determined by the Employer.


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B. In accordance with Subsection 4.5 C, the Employer will designateMaintenance Technician 2 positions as in-training when filled at theMaintenance Trainee and Maintenance Technician 1 level. Employees willattain permanent status at each level of the in-training program.

4.8 Internal Movement Within Department of Corrections OnlyA. Prior to certifying candidates in accordance with Section 4.1, the agencywill post vacancies for internal transfer candidates for three (3) businessdays prior to posting externally. An employees transfer request will begranted to another position within the bargaining unit provided:

1. The employee holds permanent status in the job classification;

2. The employee has demonstrated or been assessed to have theposition specific skills, abilities and qualifications necessary toperform the duties of the position;

3. There are no disciplinary action(s) in his/her personnel file for thepast twelve (12) months;

4. There is no pending disciplinary action or the employee is notunder investigation into alleged misconduct;

5. The employee has not been granted previous internal movementwithin the past two (2) years;

6. There are no repeated performance issues being addressed, asdocumented in the employees supervisory file;

7. The appointment will not create a violation of agency policy;

8. It meets the needs of the work unit.

B. Transfer requests under this sub-article must be made in writing andsubmitted to the local Human Resources Office. If two (2) or moreemployees request a transfer to the same position and they meet the abovecriteria, the senior employee will be appointed. If an employee is offered atransfer and refuses the offer, the employee will not be allowed to requestanother transfer for twelve (12) months.

C. If an employee requests a transfer and does not meet the criteria listedabove, the employee may compete for the position.

D. The offering of a formal layoff option in accordance with Article 34,Layoff and Recall, prior to granting a transfer request under this sub-article, is not a violation of this sub-article.


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E. This sub-article is not subject to the grievance procedure in accordancewith Article 29. If an employee requests a transfer and it is denied, theemployee may request a review by the Department of CorrectionsSecretary or designee (Deputy/Assistant Secretary) within twenty-one (21)days from the date the employee was notified in writing that he/she would

not be transferred to the vacant position. The request for review must befiled with the Department of Corrections Labor Relations Office. TheSecretary or designee will respond in writing within thirty (30) days ofreceipt of the request for review.

F. This section does not apply to filling positions covered under Article 3, Bid

System, non-permanent, on-call, or project positions.

ARTICLE 5

PERFORMANCE EVALUATION

5.1 ObjectiveA. The Employer will evaluate employee work performance. The

performance evaluation process will include performance goals andexpectations that reflect the organizations objectives.

B. The performance evaluation process gives supervisors an opportunity todiscuss performance goals and expectations with their employees, assessand review their performance with regard to those goals and expectations,and provide support to employees in their professional development, sothat skills and abilities can be aligned with agency requirements.

C. To recognize employee accomplishments and address performance issuesin a timely manner, discussions between the employee and the supervisorwill occur throughout the evaluation period. Performance problems will bebrought to the attention of the employee to give the employee theopportunity to receive any needed additional training and/or to correct theproblem before it is mentioned in an evaluation. Such discussions will bedocumented in the supervisors file.

5.2 Evaluation Process

A. Employee work performance will be evaluated prior to the completion ofhis or her probationary and trial service periods and at least annually

thereafter. Within the Department of Social and Health Services (Agingand Disability Services Administration and Health and Recovery ServicesAdministration only) and the Department of Veterans Affairs, where shiftcharges are used, an immediate supervisor, prior to preparing theemployees evaluation will solicit input from the employees current shiftcharge. This input will be considered by the supervisor for inclusion in theevaluation. Immediate supervisors will meet with employees to discussperformance goals and expectations. Employees will receive copies of


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their performance goals and expectations as well as notification of anymodifications made during the review period.

B. The supervisor will discuss the evaluation with the employee. Theemployee will have the opportunity to provide feedback on the evaluation.The discussion may include such topics as:

1. Reviewing the employees performance;

2. Identifying ways the employee may improve his or herperformance;

3. Updating the employees position description, if necessary;

4. Identifying performance goals and expectations for the nextappraisal period; and

5. Identifying employee training and development needs.

C. The performance evaluation process will include, but not be limited to, aperformance evaluation on forms used by the Employer, the employeeswritten signature or electronic acknowledgment of the forms, and anycomments by the employee. The evaluation, including employeecomments, will be considered by the reviewer. Once completed andsigned/acknowledged by the reviewer, a copy will be provided to theemployee (with reviewer comments, if any), who may provide responsivecomments to be attached to the evaluation. The completed andsigned/acknowledged performance evaluation form, including the

employees comments, will be maintained in the employees personnelfile.

D. The evaluation process is subject to the grievance procedure. The specificcontent of performance evaluations are not subject to the grievanceprocedure.

E. If an employee has been fully exonerated of misconduct in a disciplinarygrievance by the Employer or an arbitrator or the Employer determinesthat allegations of misconduct are false, then references to the misconductin the performance evaluation will be redacted. If the Employer fails toredact the applicable portions of the performance evaluation, the failure to

redact those references is subject to the grievance procedure.

ARTICLE 6

HOURS OF WORK

6.1 Definitions

A. Full-time Employees


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Employees who are scheduled to work an average of forty (40) hours perworkweek.

B. Law Enforcement EmployeesEmployees who work in positions that meet the law enforcement criteriaof Section 7 (k) of the Fair Labor Standards Act (FLSA).

C. Overtime-Eligible PositionAn overtime-eligible position is one that is assigned duties andresponsibilities that meet the criteria for overtime coverage under federaland state law.

D. Overtime-Exempt PositionAn overtime-exempt position is one that is assigned duties andresponsibilities that do not meet the criteria for overtime coverage underfederal and state law.

E. Part-time EmployeesEmployees who are scheduled to work less than forty (40) hours perworkweek.

F. Shift EmployeesOvertime-eligible employees who work in positions that normally requireshift coverage for more than one (1) work shift, excluding: Department ofSocial and Health Services Juvenile Rehabilitation Administration(DSHS JRA) shift workers as of July 1, 2005 who are paid overtimeafter forty (40) hours in a workweek and employees who work at theMilitary DepartmentWashington Youth Academy.

G. WorkdayOne (1) of seven (7) consecutive, twenty-four (24) hour periods in aworkweek.

H. Work SchedulesWorkweeks and work shifts of different numbers of hours may beestablished by the Employer in order to meet business and customerservice needs, as long as the work schedules meet federal and state laws.

I. Work ShiftThe hours an employee is scheduled to work each workday in aworkweek.

J. WorkweekA regularly re-occurring period of one hundred and sixty-eight (168) hoursconsisting of seven (7) consecutive twenty-four (24) hour periods.Workweeks will normally begin at 12:00 a.m. on Sunday and end at 12:00midnight the following Saturday or as otherwise designated by theAppointing Authority or designee. If there is a change in their workweek,


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employees will be given prior written notification by the AppointingAuthority or designee.

6.2 Determination

Per federal and state law, the Employer will determine whether a position isovertime-eligible or overtime-exempt. In addition, the Employer will determine ifan overtime-eligible position is a law-enforcement position, with or without anextended work period, or a shift position. When the Employer determines that anovertime-eligible position is overtime-exempt, the employee will be notified inwriting of the determination. The notice will include an attached United StatesDepartment of Labor fact sheet of the Fair Labor Standards Act (FLSA)guidelines.

6.3 Overtime-Eligible Employees (Excluding Law Enforcement Employees)

A. Regular Work SchedulesThe regular work schedule for overtime-eligible employees will not bemore than forty (40) hours in a workweek, with starting and ending times

as determined by the requirements of the position and the Employer. Theregular work schedule will normally include two (2) consecutivescheduled days off. The Employer may adjust the regular work schedulewith prior notice to the employee. If the Employer extends an employeesdaily work schedule by more than two (2) hours on any given day, theEmployer will not adjust another workday or the employees workweek toavoid the payment of overtime or accrual of compensatory time. Thisprovision will not apply:

1. When an employee requests to adjust his or her hours within theworkweek and works no more than forty (40) hours within that

workweek; or

2. To those job classifications that have an inherent need forflexibility to adjust their daily work schedules within the regularworkweek to accomplish assigned job duties and responsibilities.When adjusting an employees work schedule, the Employer willconsider an employees preference as long as the agency can meetbusiness and customer service needs and without causing anadditional cost to the agency. These classifications are listed inAppendix B.

B. Alternate Work SchedulesWorkweeks and work shifts of different numbers of hours may beestablished for overtime-eligible employees by the Employer in order tomeet business and customer service needs, as long as the alternate workschedules meet federal and state laws. Employees may request alternativework schedules and such requests will be approved by the Employer,except as provided below, subject to business and customer service needs.The Employer may disapprove requests if there are performance or


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attendance concerns. Previously approved alternate work schedules maybe rescinded by the Employer if business and customer service needs areno longer being met, or if performance or attendance concerns occur. TheEmployer will consider employees personal and family needs.

C. Daily Work Shift ChangesThe Employer may adjust an overtime-eligible shift employees daily startand/or end time(s) by two (2) hours.

D. Temporary Schedule ChangesOvertime-eligible employees workweeks and/or work schedules may betemporarily changed with prior notice from the Employer. A temporaryschedule change is defined as a change lasting thirty (30) calendar days orless. With the exception of the job classifications listed in Appendix B,overtime-eligible employees will receive three (3) calendar days writtennotice of any temporary schedule change. The day that notification isgiven is considered the first day of notice. Adjustments in the hours of

work of daily work shifts during a workweek do not constitute atemporary schedule change.

E. Permanent Schedule ChangesOvertime-eligible employees workweeks and work schedules may bepermanently changed with prior notice from the Employer. Overtime-eligible employees will receive seven (7) calendar days written notice ofa permanent schedule change, which will include the reason for theschedule change. The day notification is given is considered the first dayof notice. Adjustments in the hours of work of daily work shifts during aworkweek do not constitute a permanent schedule change.

F. Emergency Schedule ChangesThe Employer may adjust an overtime-eligible employees workweek andwork schedule without prior notice in emergencies, for highway snow, iceor avalanche removal, fire duty, grain inspection, or extraordinaryunforeseen operational needs.

G. Employee-Requested Schedule ChangesOvertime-eligible employees workweeks and work schedules may bechanged at the employees request and with the Employers approval,provided the Employers business and customer service needs are met and

no overtime expense is incurred.

H. An overtime-eligible employee, including an employee on standby status,will be compensated for all time worked, other than de minimis time, forreceiving or responding to work related calls, unless otherwise providedfor in this Agreement.


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Rest periods may not be used for late arrival or early departure from work and restand meal periods will not be combined.

6.8 Positive Time ReportingOvertime-Eligible Employees

Overtime-eligible employees will accurately report time worked in accordancewith a positive time reporting process as determined by each agency.

6.9 Overtime-Exempt EmployeesOvertime-exempt employees are not covered by federal or state overtime laws.Compensation is based on the premise that overtime-exempt employees areexpected to work as many hours as necessary to provide the public services forwhich they were hired. These employees are accountable for their work product,and for meeting the objectives of the agency for which they work. TheEmployers policy for all overtime-exempt employees is as follows:

A. The Employer determines the products, services, and standards that mustbe met by overtime-exempt employees.

B. Overtime-exempt employees are expected to work as many hours asnecessary to accomplish their assignments or fulfill their responsibilitiesand must respond to directions from management to complete workassignments by specific deadlines. Overtime-exempt employees may berequired to work specific hours to provide services, when deemednecessary by the Employer.

C. The salary paid to overtime-exempt employees is full compensation for allhours worked.

D. Overtime-exempt employees salary includes straight time for holidays.An overtime-exempt employee whose Employer requires him or her towork on a holiday will be paid at an additional rate of one and one-half (1-1/2) times the employees salary for the time worked.

E. Employees will consult with their supervisors to adjust their work hours toaccommodate the appropriate balance between extended work time andoffsetting time off. Where such flexibility does not occur or does notachieve the appropriate balance, and with approval of their AppointingAuthority or designee, overtime-exempt employees will accrue exchangetime for extraordinary or excessive hours worked. Such approval will notbe arbitrarily withheld. Exchange time may be accrued at straight time to amaximum of eighty (80) hours. When an employee accrues forty (40)hours of exchange time, the employee and the Employer will develop aplan for the employee to use the accrued exchange time in the next ninety(90) days. Exchange time can be used in lieu of sick leave and vacationleave. Exchange time has no cash value and cannot be transferred betweenagencies.


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F. If they give notification and receive the Employers concurrence,overtime-exempt employees may alter their work hours. Employees areresponsible for keeping management apprised of their schedules and theirwhereabouts.

G. Prior approval from the Employer for the use of paid or unpaid leave forabsences of two (2) or more hours is required, except for unanticipatedsick leave.

6.10 Military DepartmentEmergency Management Division

The Employer may send an employee home to rest prior to returning for the nightshift to cover an emergency or declared disaster. When this occurs, the rest periodwill be considered time worked through the end of the employees scheduledwork shift. No employee will be required to work more than six (6) consecutivedays in a seven (7) day period unless the state Emergency Operations Center is atPhase IVIII.

6.11 Department of TransportationMaintenance Bargaining UnitWinterShift and Contingency SchedulesThe Employer will establish yearly winter shift and contingency schedules asneeded. Within reasonable staff and program considerations, the Employer willaccommodate employee shift preference based on Department of Transportationcontinuous service. It is recognized that in assigning shifts and days off, a balanceof experience, skills and abilities may be required.

6.12 Department of Fish and WildlifeConstruction and Maintenance

Normal commute time for employees residing at temporary residences andtraveling to temporary work sites, will be thirty (30) minutes. Commute time over

thirty (30) minutes will be considered to be work time. This work time will betaken from the end of the work shift to travel back to the temporary residence.Employees are on work time when they begin the mandatory pre-trip safetychecks on vehicles requiring the use of a Commercial Drivers License (CDL).This does not apply to department pickups and other vehicles used fortransportation to and from work sites.

6.13 Department of Fish and WildlifeHatcheries DivisionA. Paging devices may be provided by the Employer for the purpose of

providing flexibility to employees required to perform standbyassignments. Any bargaining unit employee who uses a pager or other

form of communication device in order that they may return to work willreceive standby compensation as defined inArticle 42,Compensation, forthe entire time they are required to perform standby. Bargaining unitemployees using these communication devices are responsible formaintaining the level of response time necessary to protect the resourceentrusted to them.


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B. On a holiday, no employee will be assigned to work or will be assignedstandby when there are no fish on station, unless an emergency situationdictates otherwise.

C. An employee may volunteer to be assigned standby on a holiday. Noemployee will be involuntarily assigned standby on his or her regularday(s) off, holiday(s) (except those holidays the employee is assigned towork eight (8) hours) or on days he or she is in leave status, unless anemergency situation dictates otherwise. A requirement for an employee toreturn to standby duty on a scheduled day off will require the employee toconduct a facility inspection (check water flow alarms, secure building(s),etc.) and, therefore, constitutes callback status.

D. Employees assigned to standby status may be relieved for any portion ofthe assignment for which they are able to find a replacement. Theemployee initiating the change in assignment will document the change inwriting to the appropriate supervisor. The person providing relief is

responsible for meeting all standby obligations.

E. All alarms other than that of the employee on standby duty will be turnedoff unless the Specialist 4, with the appropriate complex managersapproval, directs an employee to leave his or her electronic alarm on. Therequirement to turn on the electronic alarm device will constitute assignedstandby.

6.14 Department of AgricultureGrain Inspection Program

To provide inspection and weighing services for grain being loaded onto exportvessels, the Employer may establish and staff both emergency and overtime shifts

using key position staffing, with a minimum of three (3) permanent employeeslicensed to perform key duties, any combination of inspectors, protein operators,and grain sampler-weighers. The minimum of three (3) permanent employeesdoes not apply to the Aberdeen facility. The Aberdeen facility will be staffed witha minimum of two (2) permanent employees. The remaining positions on suchshifts may be staffed with non-permanent employees.

6.15 Department of TransportationCommercial Drivers License (CDL)

Required PositionsThe Employer will not require an employee utilizing his or her CDL to work morethan fifteen (15) consecutive hours without providing a rest period of at least eight

(8) consecutive hours.

6.16 Shift ExchangeDepartment of CorrectionsTri-Cities Work Release

(TCWR) and Military DepartmentYouth AcademyOvertime-eligible employees employed at TCWR or the Youth Academy whohave the same job classification will be allowed to exchange full shifts forpositions in which they are qualified in accordance with the following:


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A. Request for shift exchanges will be submitted seven (7) calendar days inadvance of the exchange, when practical.

B. The requested shift exchange is voluntary, and is agreed to in writing byboth employees, and approved in writing by the supervisor(s) forexchanges of no more than one (1) week. Requests for consecutive shiftexchanges in excess of one (1) workweek will be submitted to theappropriate Appointing Authority or designee for approval. If such requestis denied, the employee will be provided the reason(s) in writing for thedenial.

C. Requested shift exchanges will be considered on a case-by-case basis.

D. Shift exchanges must occur within the same pay period. Shift exchangeswill not result in the payment of overtime. Each employee will beconsidered to have worked his/her regular schedule.

E. For shift exchanges that occur on an employees designated holiday, theemployee who is regularly scheduled to work on that holiday will receivethe holiday compensation, regardless of who physically worked on thatday.

F. The failure of an employee, who has exchanged shifts, to work the agreedupon shift without appropriate cause may be a basis for disciplinaryaction.

The shift exchange system will not be used to circumvent the bid system bysignificantly altering an employees workweek or supervisory chain of command.

6.17 Department of Ecology - Spill Response Team

Employees working on the spill response team who work sixteen (16) hours in atwenty-four (24) hour period will be required to take eight (8) hours off for restbefore resuming the next duty period. The employee will suffer no loss of regularstraight-time hourly earnings for any time missed up to six (6) hours during thatrest period that otherwise would have been part of his or her regularly scheduledshift. Employees will not be eligible for any other work assignment, including anovertime assignment or work shift, that begins during the required eight (8) hourrest period.

6.18 Shift ExchangeDepartment of Social and HealthWestern and EasternState Hospitals

Overtime-eligible shift employees employed at Western and Eastern State Hospitals whohave the same job classification will be allowed to exchange full shifts for positions inwhich they are qualified in accordance with the following:


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A. Requests for shift exchanges will be submitted seven (7) calendar days inadvance of the exchange, when practical.

B. The requested shift exchange is voluntary, and is agreed to in writing byboth employees, and approved in writing by the supervisor(s) forexchanges of no more than one (1) workweek. Requests for consecutiveshift exchanges in excess of one (1) workweek will be submitted to theappropriate Appointing Authority or designee for approval. If suchrequest is denied, the employee will be provided the reason(s) in writingfor the denial.

C. Requested shift exchanges will be considered on a case-by-case basis.

D. Shift exchanges must occur within the same pay period. Shift exchangeswill not result in the payment of overtime. Each employee will beconsidered to have worked his/her regular schedule.

E. For shift exchanges that occur on an employees designated holiday, theemployee who is regularly scheduled to work on that holiday will receivethe holiday compensation, regardless of who physically worked on thatday.

F. An employee will not receive shift premium pay under Article 42.15, ShiftPremium, solely as a result of a shift exchange. Each employee will beconsidered to have worked his or her regular scheduled work shift forpurposes of shift premium pay.

G. The failure of an employee, who has exchanged shifts, to work the agreed

upon shift without appropriate cause may be a basis for disciplinary actionor suspension of the ability to exchange shifts in the future.

H. Mental Health Technicians and Psychiatric Security Attendants mayexchange shifts as long as the employees qualify to work in positions forwhich the employees are requesting shift exchange. Licensed PracticalNurses and Psychiatric Security Nurses may exchange shifts as long as theemployees qualify to work in positions for which the employees arerequesting shift exchange. Denials of shift exchanges are not subject tothe grievance procedure under Article 29 of the parties collectivebargaining agreement.

I, Employees working in different classifications as provided in SubsectionH. above will be considered to have worked his or her regular scheduledwork shift for purposes of pay in Article 42.1.

J. The shift exchange system will not be used to circumvent the bid systemby significantly altering an employees workweek or supervisory chain ofcommand.


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ARTICLE 7

OVERTIME

7.1 Definitions

A. Overtime

Overtime is defined as time that a full-time overtime-eligible employee:

1. Works in excess of forty (40) hours per workweek (excluding lawenforcement employees).

2. Works in excess of their scheduled work shift and:

a. The employee is a shift employee, or

b. The employee works in the Maintenance Bargaining Unitwithin the Washington State Department of Transportation,or

c. The employee works within the Fruit/Vegetable InspectionBargaining Unit or the Grain Inspection Bargaining Unitwithin the Washington State Department of Agriculture anddoes inspections.

3. Works in excess of one hundred and sixty (160) hours in a twenty-eight (28) day period and the employee is a law enforcementemployee not receiving assignment pay for an extended workperiod.

4. Works while on fire duty as specifically defined in Article 42,Compensation.

B. Overtime RateIn accordance with the applicable wage and hour laws, the overtime ratewill be one and one-half (1-1/2) of an employees regular rate of pay. Theregular rate of pay will not include any allowable exclusions.

C. WorkThe definition of work, for overtime purposes only, includes:

1. All hours actually spent performing the duties of the assigned job.

2. Travel time required by the Employer during normal work hoursfrom one work site to another or travel time outside the employeesnormal work hours to a different work location that is greater thanthe employees normal home-to-work travel time.

3. Vacation leave


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4. Sick Leave

5 Compensatory time

6. Holidays

7. Any other paid time not listed below.

D. Work does notinclude:1. Shared leave2. Leave without pay3. Additional compensation for time worked on a holiday.4. Time compensated as standby, callback, or any other penalty pay.

7.2 Overtime-Eligibility and Compensation

Employees are eligible for overtime compensation under the followingcircumstances:

A. Full-time overtime-eligible employees who have prior approval and workmore than forty (40) hours in a workweek will be compensated at theovertime rate. A part-time overtime-eligible employee will be paid at hisor her regular rate of pay for all work performed up to forty (40) hours in aworkweek and paid at the overtime rate for authorized work of more thanforty (40) hours in a workweek.

B. Full-time overtime-eligible shift employees who have prior approval andwork more than their scheduled shift will be compensated at the overtimerate. A part-time overtime-eligible shift employee will be paid at his or her

regular rate of pay for all work performed up to forty (40) hours in aworkweek and paid at the overtime rate for authorized work of more thanforty (40) hours in a workweek.

C. Overtime-eligible law enforcement employees, not receiving assignmentpay for an extended work period, who have prior approval and work morethan one hundred and sixty (160) hours in a twenty-eight (28) day periodwill be compensated at the overtime rate.

D. Overtime-eligible employees who have prior approval and work overtimeas specifically defined inArticle 42,Compensation.

7.3 Overtime ComputationComputation of overtime will be rounded upward to the nearest one-tenth (1/10th)of an hour.

7.4 General ProvisionsA. The Employer will determine whether work will be performed on regular

work time or overtime, the number of employees, the skills and abilities ofthe employees required to perform the work, and the duration of the work.


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The Employer will first attempt to meet its overtime requirements on avoluntary basis with qualified employees who are currently on duty.Except as provided in Section 7.8, in the event there are not enoughemployees volunteering to work, the supervisor may require employees towork overtime.

B. If an employee was not offered overtime for which he or she wasqualified, the employee will be offered the next available overtimeopportunity for which he or she is qualified. Under no circumstances willan employee be compensated for overtime that was not worked. There willbe no pyramiding of overtime.

7.5 Compensatory Time for Overtime-Eligible Employees

A. Compensatory Time EligibilityThe Employer may grant compensatory time in lieu of cash payment forovertime to an overtime-eligible employee, upon agreement between the

Employer and the employee. Compensatory time must be granted at therate of one and one-half (1-1/2) hours of compensatory time for each hourof overtime worked.

B. Maximum Compensatory TimeEmployees may accumulate no more than the maximum number of hoursof compensatory time allowed under the federal Fair Labor Standards Act.

C. Compensatory Time UseEmployees must use compensatory time prior to using vacation leave,unless this would result in the loss of their vacation leave. Compensatory

time must be used and scheduled in the same manner as vacation leave, asinArticle 11,Vacation Leave.

D. Compensatory Time Cash Out1. Overtime-Eligible Employees Excluding Department of

Transportationand Department of CorrectionsEmployeesAll compensatory time must be used by June 30th of each year. Ifcompensatory time balances are not scheduled to be used by theemployee by April of each year, the supervisor will contact theemployee to review his or her schedule. The employeescompensatory time balance will be cashed out every June 30th or

when the employee:

a. Leaves state service for any reason,

b. Transfers to a position in his or her agency with differentfunding sources, or

c. Transfers to another state agency.


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2. Overtime-Eligible EmployeesDepartment of TransportationAll compensatory time must be used by June 30th of each

biennium. If compensatory time balances are not scheduled to beused by the employee by April of the end of the biennium, thesupervisor will contact the employee to review his or her schedule.

The employees compensatory time balance will be cashed outevery June 30th of each biennium or when the employee:

a. Leaves state service for any reason,

b. Transfers to a position in his or her agency with differentfunding sources, or

c. Transfers to another state agency.

3. Overtime-Eligible EmployeesDepartment of Corrections

Compensatory time may be voluntarily cashed out at any timeexcept during the month of February. In addition, the full balanceof accrued compensatory time must be cashed out at the end ofeach biennium.

7.6 Department of AgricultureGrain Inspection ProgramA. Any employee who works a double shift or returns from an emergency

night shift to his or her permanent day shift, will be required to take six (6)hours off for rest after such shifts. The employee will suffer no loss ofregular straight-time hourly earnings for any time missed during that restperiod that otherwise would have been part of his or her regularly

scheduled shift. Such employees will not be eligible for any overtimeassignment or shift commencing during the six (6) hour rest period. If theemployee has worked a double shift of greater than twenty (20) hours, thesix (6) hour period will be extended to eight (8) hours.

B. Shift extensions, early starts and occasions when lunch periods requireovertime will be offered first to available employee(s) having the ability toperform the work and the lowest amount of overtime hours, who are onshift at the facility where the overtime occurs. The employer will maintainan overtime tracking sheet which will be updated weekly and reset the firstWednesday of each quarter. For shift extensions in offices with multiplesites, employees having the lowest amount of overtime hours at any othersite(s) serviced by that grain inspection office will be offered theopportunity to work the extension if they can complete their regular shiftand travel to the extending site by the time the extension begins. Timetraveled outside of scheduled shifts will not be paid time. If there still isnot enough staff, employees on site may be required to work. Employeeswith less than forty (40) hours accumulated overtime in a month at thestart of the shift may be required to work and will complete the shift or


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extension. Employees will finish any assignments for which theyvolunteer.

C. The Employer will not require employees to work in excess of twenty (20)contiguous hours of regular time and overtime.

D. Those employees who do not desire to work overtime will not be requiredto do so beyond forty (40) cumulative hours each month, except asprovided in Subsection 7.6 E, below. However, at export shippingoperations scheduled on a regular Monday through Friday basis, whenstaff is required on weekends to provide inspection and weighing servicesfor grain being loaded onto export vessels, a minimum of three (3)permanent employees licensed to perform key duties, (any combination ofinspectors, protein operators, and grain sampler-weighers), will be offeredthe work before on-call employees are used. The minimum of three (3)permanent employees does not apply to the Aberdeen facility. TheAberdeen facility will be staffed with a minimum of two (2) permanent

employees.

E. An employee with more than forty (40) hours of accumulated overtime ina month may be required to extend a current shift for not more than four(4) hours in order to assure service delivery not more than once per month.However, hours that an employee is required to work under this paragraphwill be credited to the employees forty (40) hour limit in the followingmonth.

7.7 Department of TransportationA. Overtime opportunities will be offered whenever and wherever possible

on a straight rotational basis. Each superintendent or equivalent andemployees will confer and mutually determine, for normal areas ofresponsibility, the employees on a specific rotation list(s). Employees willbe placed on a rotation list in order of continuous WSDOT service. Therotation list will be kept current and posted in each facility. The Employerand employees will share the responsibility for keeping the list(s) current.

B. Overtime will be offered first to all bargaining unit employees on therotation list, then to any qualified employee. Documented attempts tocontact an employee constitutes an offer. Overtime will be offered toemployees who are qualified to do the work, regardless of classification.

Overtime that extends a shift will be offered first to qualified employeeson that shift and preferably, to the employee(s) currently performing thework. Shift extensions do not count as an overtime opportunity.

C. The parties recognize and agree that in cases of operational necessity,public safety, and/or efficient delivery of public services, that it may benecessary for the Employer to deviate from the straight rotation process.


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D. In the event the Employer deviates from the straight rotation process, theEmployer will explain to affected employees the reason for the deviation.The Employer will also take necessary actions to correct missedopportunities by skipping in the next rotation those employees who werecalled out-of-sequence.

E. Bargaining unit supervisors and/or designees, making or receiving work-related calls at home, will be compensated for a minimum of one-half(1/2) hour for the time worked. Callback is not authorized for this work.

7.8 Department of Corrections, Department of Social and Health Services and

Department of Veterans Affairs InstitutionsOvertime-eligible shift employees employed at Tri-Cities Work Release, or at aninstitution within the Department of Social and Health Services, or theDepartment of Veterans Affairs

When involuntary overtime is required, it will be assigned to employees on duty

in inverse order of seniority, provided the employee has the skills and abilitiesrequired of the positions. The inverse order will be re-established when the listhas been exhausted, i.e. the employee with the greatest seniority has worked his orher required overtime.

A. An employee who volunteers and works an overtime shift prior to aninvoluntary overtime assignment will have his or her name removed fromthe overtime rotation for that cycle.

B. An employee may be excused from an involuntary overtime assignmentonce per quarter.

C. An employee will not be required to work an involuntary overtime afterworking a regular shift prior to an approved vacation leave day.

An employee who is excused from working overtime under Subsection 7.8 B or7.8 C above will be the first to be called when an involuntary overtimeassignment is required and the employee is on a scheduled workday.

7.9 Department of Corrections Tri-Cities Work Release (TCWR)Voluntary

OvertimeCorrectional Officers and Sergeants employed at TCWR:When the Employer determines that overtime is necessary at TCWR, theEmployer will identify the number of positions requiring overtime, the duration ofsuch overtime, and the qualifications, skills and abilities of the employeesrequired to perform the work. Overtime will be assigned as voluntary pre-scheduled, voluntary unscheduled (daily) or involuntary.

A. Voluntary Pre-scheduled Overtime:The agency will maintain a list of all Correctional Officers and Sergeantsin order of seniority. Correctional Officers and Sergeants will have the


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opportunity to sign up by day and shift for possible overtimeopportunities. Voluntary prescheduled overtime will be assigned onMonday for all known overtime opportunities for the week beginning thefollowing Monday. If Monday is a holiday, the prescheduled overtimeassignments will be made on the next regular work day. Assignment to

pre-scheduled overtime will begin at the top of the list of volunteers andproceed down in order of seniority except as outlined below:

1. Employees who do not meet the qualifications, skills and abilitiesfor the position requiring the overtime will not lose his/her place inorder on the list.

2. When an employee accepts or declines a pre-scheduled overtimeassignment, it will be noted on the list, and he/she will not beeligible until a new cycle begins.

3. When the Employer is unable to reach an employee, the employee

will not lose his/her place in order on the list. Telephone callsplaced to employees who are off duty will not be considered astime worked.

A new cycle begins when any of the following occurs:

4. The beginning of each odd numbered month (January, March, Mayetc.); or

5. There are no qualified volunteers on the list; or

6.

All volunteers on the list have either accepted or declined theopportunity; or

7. The remaining volunteers cannot be contacted.

B. Voluntary Unscheduled Overtime:A voluntary unscheduled overtime assignment list by job classificationwill be posted for sign-up at the beginning of each shift for the next shift.Assignment will be based on seniority of employees with thequalifications, skills and abilities who have indicated availability for suchassignments who are on duty. Except in an emergency situation,employees who sign-up on the voluntary sign-up sheet cannot refuse the

assignment of overtime. The Employer will ask for volunteers amongemployees on shift in the order of seniority. If there are insufficientvolunteers, management may assign involuntary overtime in accordancewithSection 7.8.
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7.10 Department of Social and Health ServicesInstitutions and State Operated

Living Alternative (SOLA)

Each institution and SOLA will distribute overtime on a rotational basis asdetermined by the institution/SOLA specific procedure negotiated as a result ofthe Voluntary Overtime Memorandum of Understanding signed by the parties

on September 3, 2010. The Employer and employees will share the responsibilityfor keeping voluntary overtime lists current. Documented attempts to contact anemployee will constitute an offer. Employees who volunteer for overtime on aspecific day and shift based on the institution/SOLA specific procedure will notbe entitled to call-back pay in accordance with Article 42.14, Callback.Employees who do not volunteer to work overtime in accordance with theinstitution/SOLA specific procedure but are contacted when they are off duty andagree to work overtime will be entitled to callback pay in accordance withArticle42.14. When involuntary overtime is required, employees will be entitled tocallback pay in accordance withArticle 42.14.

ARTICLE 8TRAINING AND EMPLOYEE DEVELOPMENT

8.1 The Employer and the Union recognize the value and benefit of education andtraining designed to enhance employees abilities to perform their jobduties.

A. Training and employee development opportunities will be provided toemployees in accordance with agency policies and available resources.

B. The Department of Social and Health Services will make reasonableattempts to schedule employer-required training during the employeesregular work shift.

8.2 Attendance at agency-required training will be considered time worked includingtravel in accordance with Subsection 7.1 C.2.

8.3 Master Agreement Training

A. The Employer and the Union agree that training for managers, supervisorsand union stewards responsible for the day-to-day administration of thisAgreement is important. The Union will provide training to current unionstewards, and the Employer will provide training to managers andsupervisors on this Agreement.

B. The Union will present the training to current union stewards within eachbargaining unit. The training will last no longer than four eight (4)8hours. The training will be considered time worked for those unionstewards who attend the training during their scheduled work shift. Unionstewards who attend the training during their non-work hours will not becompensated. The parties will agree on the date, time, number and namesof stewards attending each session.


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8.4 Tuition ReimbursementA. Agencies may approve full or partial tuition reimbursement, consistent

with agency policy and within available resources.

B. Agencies will reimburse eligible employees who provide proof ofsatisfactory completion of a course that was previously approved fortuition reimbursement.

C. Agency funds expended for tuition reimbursement will be limited totuition or registration fees, and will not include textbooks, supplies orother school expenses, except in accordance with agency policy.

D. Absent an agreement to the contrary, when an employee moves to anotheragency prior to completion of an approved course, the approving agencywill retain the obligation for reimbursement if the course is satisfactorilycompleted. When payment is not made by the approving agency thegaining agency may, at its option, reimburse the employee.

8.5 Education and Training Requests

All education and training requests will be approved or disapproved within thirty(30) calendar days from the submission of a properly completed request. If arequest is denied, the Employer will provide a reason for the denial to theemployee. Upon request, the Employer will provide the reason for the denial inwriting.

8.6 Training RecordsA. Employees may request a copy of their training record. The Employer will

provide either a hard copy or electronic access to their training record. If

an employee provides documentation to the Employer of work-relatedtraining it will be recorded in the training record or the employeepersonnel file.

B. At the time of permanent layoff employees will be provided anopportunity to submit documentation of successfully completed training tobe considered.

8.7 Apprenticeship Programs

A. The Employer will continue to participate in apprenticeship programs inaccordance with the rules of the Joint Apprenticeship Training Counciland establishments, modifications, or abolishments to the operation of theprograms may be made pursuant to the Councils guidelines or rules.

B. An employee who accepts a position within the apprenticeship programwill be required to successfully complete the entire apprenticeshipprogram before attaining permanent status.

C. At least fourteen (14) calendar days prior to entering into anapprenticeship program, the employee must notify his or her appointing


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authority of the intent to accept an appointment into an apprenticeshipprogram. Upon notification of the employees intent, the employeespermanent agency will notify the employee, in writing, of any return rightsto the agency and the duration of those return rights. At a minimum, theagency must provide the employee access to the agencys internal layoff

list. For those employees who do not have return rights to the agency, theprovisions of Subsection 8.7 D. below apply.

D. An apprenticeship appointment may be terminated by either the employeeor Employer with five (5) working days notice. If the Employer fails toprovide five (5) working days notice, the separation will stand and theemployee will be entitled to payment of salary for up to five (5) workingdays, which the employee would have worked had notice been given.Under no circumstance will notice deficiencies result in an employeegaining status in the apprenticeship program.

1. An employee serving an apprenticeship may voluntarily revert to

his or her former position within fifteen (15) days of theapprenticeship appointment, provided that the position has notbeen filled or an offer has not been made to an applicant. Anemployee serving in an apprenticeship appointment mayvoluntarily revert at anytime to a funded permanent position in thesame agency that is:

a. Vacant or filled by a non-permanent employee and iswithin the employees previously held job classification.

b. Vacant or filled by a non-permanent employee at or below

the employees previous salary range.

The reversion option, if any, will be determined by the Employerusing the order listed above. In both Subsections 8.7 D.2 a and babove, the Employer will determine the position the employee mayrevert to and the employee must have the skills and abilitiesrequired for the position. If possible, the reversion option will bewithin a reasonable commuting distance for the employee.

2. If an apprenticeship appointment ends by the Employer, theemployee may revert to a funded permanent position in the same

agency that is:


b. Vacant or filled by a non-permanent employee at or belowthe employees pervious salary range.


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The option, if any, will be determined by the Employer using theorder listed above. In both Subsections 8.7 D.2 a and b above, theEmployer will determine the position the employee may revert toand the employee must have the skills and abilities required for theposition. If possible, the option will be within a reasonable

commuting distance for the employee.

3. An employee who has no reversion options or does not revert tothe highest classification in which he or she previously attainedpermanent status may request that his or her name be place on theagencys internal layoff list for positions in job classificationswhere he or she previously attained permanent status. Theseparation of an employee during his or her apprenticeshipappointment will not be subject to the grievance procedure inArticle 29.

8.8 Developmental Job Assignments

A. Employers may make the following planned training assignments foremployee career development without incurring reallocation orcompensation obligations:

1. Performance of responsibilities outside the current job class on atime-limited basis.

2. Intra-agency rotational or special project assignments.

B. The Employer and the employee must agree in writing to the assignmentin advance, including time limits, which will not exceed more than twelve

(12) months. If an employees request for a developmental job assignmentis denied, an explanation will be provided to the employee. The decision isfinal and is not subject toArticle 29,Grievance Procedure.

C. The Employer may not fill a vacant position as a developmental jobassignment.

8.9 Department of Fish and WildlifeHatcheries DivisionThe opportunity to attend the annual Pacific Northwest Fish Culture Conferencewill be provided to fish hatchery specialists on an equal basis. Priorityconsideration will be given to those employees who have not attended theconference or have personally paid to attend within the past three (3) years.

8.10 Parks and Recreation CommissionThe agency will provide a minimum of fifty (50) hours of law enforcementtraining per year for armed park rangers and forty (40) hours for unarmed parkrangers with twenty-four (24) hours delivered at an annual in-service training. Inthe event that the Employer decides to change the format of the training from in-service to an alternative, it will meet and negotiate with the Union.


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8.11 Department of LicensingDriver Services Hearings and Interview UnitThe Driver Services Hearings and Interviews Unit will continue to apply forcontinuing legal education credits with the Washington State Bar Association foragency sponsored programs.

ARTICLE 9LICENSURE AND CERTIFICATION

9.1 The Employer and the Union recognize the necessity for bargaining unitemployees to maintain appropriate licensure and/or certification to perform theduties of their assigned position.

9.2 Except as provided for in this Agreement, Aagencies will follow their policiesand/or practices related to licensure and certification.

9.3 Employees will notify their Appointing Authority or designee if their work-related license and/or certification has expir

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