Labor Relations

WFSE – UW Negotiations Recap for Tuesday, June 18, 2024

Background
This recap details the first virtual session for the renewal of the collective bargaining agreement (CBA) between the University of Washington and WFSE. Recaps are published online on the UW Labor Relations website.

WFSE Initial Proposals

Article 3 – Reasonable Accommodation of Employees with Disabilities
The union proposed that the employer would work along with Employee Health Services (EHS) to find opportunities for modified duty and/or conduct a job search throughout the entire university, satellite campuses, and medical centers when an employee is eligible for a reasonable accommodation.

Article 6 – Grievance Procedure
The union proposed adding two new sections to this provision.
6.XX The union proposed that for investigatory meetings, if the employer is unable to conduct said meeting during an employee’s normal work shift, the employer will adjust the employee’s work schedule and provide them with at least eight hours off between their work shift and the investigatory meeting.
6.XX The union also proposed that when a grievance meeting, mediation, and/or arbitration is scheduled during normal business hours and the union submits a release request for the grievant who works an evening or night shift, then they would be released from their duties the day before and the day of the meeting.

Article 7 – Employee Rights
7.1 The union proposed that when the employer is notifying the employee of an investigatory meeting, they shall do so via email and on employer letterhead. Additionally, the employer would allow for seven business days, an increase from three, to allow the employee to secure a representative.
7.3 The union proposed that when an employee is subpoenaed as a witness on behalf of the union in an arbitration case with the employer, the employee may appear without loss of pay and would be paid by the employer, if attending on during off hours.
7.4 The union proposed that in the event the employer schedules a meeting with an employee, the employer would provide the employee with a calendar invite and a link for the meeting via their work email address.

Article 9 – Hours of Work and Work Schedules
9.2 The union proposed that for the sole purpose of attendance, an employee would be given a seven-minute grace period and be allowed to clock-in or out early without being in violation of the attendance policy.
9.3 The union proposed that rest periods may also be incremental and added that language throughout 9.3a. Additionally, the union proposed that when an employee missed a meal or rest period would require notifying their supervisor in writing and that their supervisor would be required to keep a written log of all missed meal and rest periods.
9.4 The union proposed adjusting the definition of alternative work schedule to mean that workweeks and work shifts of different number of hours may be established for overtime-eligible employees by the employer to meet business and customer needs, if the alternate work schedule meets federal and state laws. Additionally, employees may request alternative work schedules based upon the employee’s personal and family needs; the union proposed that these requests would be approved by the employer.
9.5 The union proposed that for temporary changes in work schedule assignments occurring within the employee’s workweek, the employer would provide written notice via email and on employer letterhead and this notice could occur within ten calendar days, an increase from three. Additionally, in cases of emergencies, lack of work, safety hazards, or by mutual agreement, the employer could temporarily change an employee’s schedule with seven calendar days’ notice, an increase from three.
9.6 The union proposed expanding the definition of telework and commuting while allowing for the employer to determine a position’s eligibility for telework. Additionally, if the employer was reducing, modifying, or eliminating an employee’s telework the employer would provide fourteen calendar days’ notice.

Article 10 – Overtime
10.3 The union proposed that represented employees on all campuses would be able to accrue up to 240 hours of compensatory time. Additionally, the union proposed that mandatory overtime would be compensated at a rate of two times the hours worked unless the employee requests and is granted compensatory time off. The union also proposed that whenever overtime work was required, supervisors would notify staff at least four hours prior to the end of their shift. The union proposed that in the event management failed to provide at least four hours advance notice, all mandatory overtime hours worked would be compensated at the rate of two times the regular rate of pay.
10.5 The union proposed a new section where if an employee was not normally scheduled to work on Sundays and the employee works on a Sunday, they would be compensated at two times the regular rate of pay.
10.6 The union proposed a new section where whenever overtime is mandatory, all mandatory hours would be paid at two times the employee’s regular rate of pay.

Article 11 – Training and Professional Development
11.8 The union proposed that education support funds would be for all hospital/medical staff at four hundred dollars per FTE for continuing education. However, the union proposed that for mental health practitioner leads and mental health practitioner clinical specialists, they would receive eight hundred dollars per FTE, up from five hundred dollars, for continuing education.
11.9 The union proposed adding a new section where the employer would offer “English in the Workplace” courses to all staff where English was their second language.

Article 12 – Licensure and Certification
The union proposed that instead of the employer covering the initial costs, the employer should reimburse employees for the full cost of licensing and certification, including all required training, education, and fees. In this case, the union proposed striking that the employee would be responsible for full cost of maintaining the license and/or certification. The union added a commercial drivers license (CDL) to the eligible licenses.

Article 16 – Holidays
The union proposed adding language in 16.1 the carves out an exception as proposed in New MOU – Sick Leave Use.

Article 17 – Vacations
17.1 The union proposed to increase the rate of vacation hours accrual for employees.
17.2 The union proposed that the employer would not be able to deny vacation requests based solely on staffing levels and that the employer would be responsible for reimbursing the employee for all cancelation costs incurred by the employee.

Article 20 – Miscellaneous Leave
The union proposed a new section that would allow for each employee to select five paid personal leave days each calendar year and described eligibility and scheduling of said personal leave days.

Article 26 – Civil Duty Time Off and Bereavement Time Off
26.2 The union proposed increasing the number of bereavement days off from three to six for employees. Additionally, the union proposed expanding the definition of family members to include aunts, uncles, child of sibling, first cousins, parent-in-law, sibling-in-law, corresponding relatives of the employee’s spouse or domestic partner, spouse’s grandparent, and a person with whom the employee has a dating relationship.

Article 28 – Inclement Weather and Suspended Operations
28.1 The union proposed that essential staff who are unable to report to work due to inclement weather, or other factors outside of their control, should not forfeit their paid holiday, regardless of pay status.
28.2 The union proposed that in the case of suspended operations, if unpaid time off is used, the employer would inform employees of their ability to make up work time.

Article 30 – Work Related Injury Leave
30.2 The union proposed that employees who are in unpaid status for up to one year, an increase from six months, due to a work-related injury, would maintain their seniority and progression start date.
30.3 The union proposed adding that the employer would work with Employee Health Services (EHS) in situations where the employer was attempting to find opportunities for modified duty after disability leave.

Article 32 – Uniforms and Special Clothing
32.5 The union proposed that all represented employees would be reimbursed for work-related footwear for up to two hundred fifty dollars per year.
32.6 The union proposed that when requested, all staff would be provided with protective gloves of their choice to safely perform work. Additionally, trades staff would be provided with a load bearing belt or vest and Harborview Security Officers with one external load bearing vest.
32.7 The union proposed in a new section that safety glasses and prescription safety glasses would be reimbursed to employees for up to two hundred dollars for their purchase.
32.8 The union proposed in a new section that gardeners and gardener leads would be reimbursed for up to two hundred dollars per year.

Article 33 – Transportation and Commute Trip Reduction
The union proposed a new section where the employer would provide dial-a-ride services and/or free parking for staff who are not able to utilize their U-Pass.

Article 34 – Performance Evaluation
34.4 The union proposed that the employer should provide, within three business days, signed copies of completed evaluations to the employee.
34.5 The union proposed that performance evaluations could be grieved up to Step 3 of the grievance procedure instead of stopping at Step 2.

Article 36 – Corrective Action/Dismissal
36.1 The union proposed that the employer would be prohibited from issuing progressive action based upon previously issued coaching or counseling that are not similar in nature and not related to the current alleged offense.
36.2 The union restated the increased time for the employee to find representation, and that the employer would provide notice via email and on employer letterhead.

Article 40 – Mandatory Subject
The union proposed increasing the number of employee representatives who can participate in requests to bargain from four to eight.

Article 42 – Union Activities, Rights, and Stewards
42.2 The union proposed that during new steward training, a union steward could attend more than one grievance meeting.
42.4 The union proposed that when employees are required to meet with management, they should be provided with a private space that is free from noise and interruptions and, when virtual, away from management staff. Additionally, the union proposed that when union delegates use state owned/operated equipment to communicate with the union or employer, such use would not be used for disciplinary purposes.

Article 43 – Joint Union/Management Committees
The union proposed increasing the number of committee members from three to six and, upon mutual agreement, the union could have additional members attend as subject matter experts.

Article 47 – Contracting
The union proposed that effective September 1, 2024, the employer would send electronic overtime solicitation notice to all affected trades and shops when contracting out work was deemed necessary. The union also proposed that individuals in the shops would have four working days to respond as to whether they are interested in the overtime assignment. Finally, the union proposed that management should be prohibited from discouraging and/or directing staff from replying to all employees listed on the electronic overtime opportunity email.

Article 52 – Salary Overpayment Recovery
The union proposed striking that if the employee failed to choose a repayment option, the amount due could be placed with a collection agency.

Article 55 – Contract Publication
The union proposed housekeeping edits and that the employer would provide new employees with one printed copy of the agreement upon request.

Article 61 – Diversity and Inclusion
The union proposed that participants would be released with pay from their duties to attend and participate in the Equity, Diversity, and Inclusion (EDI) workgroup.

Appendix VI – Contracting Out Form
The union proposed adding reference to New Attachment B – Contracting Out Flow Chart and added a question asking if all affected shops had been contacted.

MOU – Intermittent Nonpermanent and Represented Regular Temporary Employees
The union proposed deleting this MOU as the language was now incorporated into Article 60 – Nonpermanent and Intermittent Employees.

MOU – Trades Apprenticeship Program
The union proposed deleting this MOU in favor of a new article proposal, New Article XX – Trades Apprenticeship Program.

Side Letter B – Public Transportation Delays
The union proposed housekeeping edits and proposed that unavoidable delays could be of any type of transportation. Additionally, the union proposed that employees could use personal leave.

Side Letter E – HMC Hospital Security Officers Compensatory Time
The union proposed deleting this Side Letter as the language was now incorporated into Article 10 – Overtime.

New Article XX – Trades Apprenticeship Program
The union proposed that if the employer establishes a Trades Apprenticeship Program, it would be formed through the UW Trades Apprenticeship Committee which would be composed of six union representatives and six employer representatives. Additionally, the committee would design the program in compliance with the State of Washington Labor and Industries Guidelines and would establish this program only if the program design is agreed to by both parties.

New MOU – Sick Leave Use
The union proposed expanding the definition of family member to include any individual who regularly resides in the employee’s home except in the cases where there is no expectation that the employee provide care for that individual. Additionally, the union proposed that when an employee’s place of business has been closed by order of a public official for any health-related reason, or when an employee’s child’s school or place of care has been closed for a health-related reason, or after the declaration of an emergency by a local or state government or agency, or by the federal government, an employee may use sick time off. Finally, the union proposed that for the purpose of bereavement leave, sick time off may be used.

New Attachment B – Contracting Out Flow Chart
The union proposed adding this flow chart to Appendix VI – Contracting Out Form and referencing the flow chart’s use in Article 47 – Contracting.

The union proposed housekeeping edits only on the following provisions:

  • Article 23 – Shared Leave
  • Article 58 – Term of Agreement
  • Article 60 – Nonpermanent and Intermittent Employees
  • MOU – Leave of Absence WFSE President
  • MOU – Public Records Requests and Privacy
  • MOU – Scholarship Fund for Medical Center Employees
  • MOU – UW Medicine Pre-Scheduled Voluntary Double-Time Shift Incentive
  • Side Letter A – City of Seattle Minimum Wage
  • Side Letter C – Tracking Discrimination and Bias
  • Side Letter D – UW Seattle Campus Building Services Alternative Work Schedules

The union proposed letting the following provisions expire:

  • MOU – Dietetic Tech, LPN, MHS, and Ortho Tech Recruitment and Retention Wage Increases
  • MOU – Health Care Pay Tables Consolidation
  • MOU – Hospital Custodial Series

On the following provisions, the union proposed to maintain current contract language:

  • Preamble
  • Article 1 – Union Representation
  • Article 2 – Non-Discrimination
  • Article 4 – Workplace Behavior
  • Article 5 – Affirmative Action
  • Article 8 – Employee Facilities
  • Article 13 – Tuition Exemption Program
  • Article 14 – Hiring, Appointments, Promotions and Transfers
  • Article 15 – Inter-System Movement and Transfer
  • Article 19 – Voluntary Employee Beneficiary Association (VEBA)
  • Article 21 – Federal Family Medical Leave Act and Parental Leave
  • Article 22 – Child Dependent Care
  • Article 24 – Unpaid Holidays for a Reason of Faith or Conscience
  • Article 25 – Absence Due to Family Care Emergencies
  • Article 27 – Leave Related to Domestic Violence, Sexual Assault or Stalking
  • Article 29 – Military Leave
  • Article 31 – Health and Safety
  • Article 35 – Personnel Files
  • Article 37 – Employee Assistance Program (EAP)
  • Article 38 – Seniority, Layoff and Rehire
  • Article 39 – Resignation and Abandonment
  • Article 41 – New Employees
  • Article 44 – Classifications and Reclassificaton
  • Article 48 – Staffing Concerns
  • Article 49 – Privacy
  • Article 50 – No Strike / Lockout
  • Article 51 – Board of Regents
  • Article 54 – Subordination of Agreement and Savings Clause
  • Article 56 – Union Membership Dues Deduction and Status Reports
  • Article 57 – Management Rights and Responsibilities
  • Article 59 – Drug Testing
  • Appendix III – Overtime Exempt Job Classifications
  • Appendix IV – Layoff Seniority Units
  • MOU – Multi-Campus Voluntary Standby Pool

On the following provisions, the union proposed as placeholders until the parties are ready to review:

  • Article 18 – Sick Time Off
  • Article 45 – Compensation, Wages and Other Pay Provisions
  • Article 46 – Health Care Benefits Amounts
  • Article 53 – Washington Family Medical Leave Program
  • Article 62 – Advance Certification / Registration Pay
  • Appendix I – Job Classifications
  • Appendix II – Differentials
  • Appendix V – Pay Tables
  • MOU – Trades License Premium
  • MOU – Skilled Trades Recruitment and Retention Increases
  • MOU – Non-Healthcare Across the Board Increases Me Too
  • MOU – Market-Based Increases
  • MOU – Lump Sum Payment
  • MOU – Health Care Recruitment and Retention Increases
  • MOU – Critical Recruitment and Retention Wage Increases
  • Signature Page

Next Steps
The next WFSE and UW bargaining session is scheduled for Wednesday, July 17, 2024, and will be held virtually.