UW – SEIU 925 Negotiations Recap for July 30, 2024
This recap details the fifth virtual session for the renewal of the collective bargaining agreement (CBA) between the UW and SEIU 925.
Tentative Agreements
The parties tentatively agreed to the following:
New MOU – Senate Bill 5793
- To incorporate new language from Washington State Senate Bill 5793, which is effective January 1, 2025, the parties agreed to create a new MOU that includes updated versions of Article 18 – Sick Time Off and Article 25 – Absence Due to Child Care Emergencies. As this Senate Bill goes into effect during the term of the current collective agreement, the MOU will go into effect on January 1, 2025, and expire on June 30, 2025.
Article 18 – Sick Time Off
- The parties agreed to add new language from Senate Bill 5793 to this article, including:
- Expanding the definition of family member related to sick time off to include state registered domestic partner, child’s spouse, and any individual who regularly resides in the employee’s home or where the relationship creates an expectation that the employee care for the person, and that individual depends on the employee for care.
- Allowing the use of sick time off 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 agency, or by the federal government.
Article 39 – Resignation and Abandonment
- With respect to an employee who fails to appear for work and report their absence, the parties agreed to new language confirming the Employer will make reasonable attempts to contact the employee before the third (3rd) consecutive day of absence.
Union Initial Proposals
Article 9 – Hours of Work – The Union proposed to reduce the number of hours required for an employee to be considered full-time from forty (40) hours to thirty-two (32) hours worked per week for a regular staff employee and from eighty (80) hours to sixty-four (64) hours worked in a fourteen (14) day period for designated hospital personnel. The Union also proposed to amend the definition of part-time employee to align with the proposed changes to the full-time definition. Additionally, the Union proposed to change the definition of a regular work schedule from five (5) to four (4) consecutive scheduled workdays.
With respect to meal breaks, the Union proposed new language that would prevent employees from being penalized for taking their break later than the fifth hour of a shift if they cannot be relieved of duties and cannot eat their meal at their duty station. The Union proposal would allow employees to combine break time as requested within the extent allowed by state law and department needs.
With respect to notifications regarding changes in work schedules and shift assignments, the Union proposed language to clarify that this relates to deviations from routinely scheduled workdays and/or routinely scheduled hours. The Union also proposed increasing the minimum time for the Employer to provide an employee notice of a change in their schedule or shift assignment to twenty-one (21) days. For temporary changes in work assignments, the Union proposed increasing the amount of time for the Employer to provide notice to three (3) calendar days. Additionally, the Union proposed new language that would require temporary shift changes not be employed to avoid payment of shift differentials or holiday pay.
Article 10 – Overtime – The Union proposed to align language in this article with their initial proposal for Article 9 – Hours of Work. The Union also proposed language defining overtime for part-time employees as any time worked in excess of their FTE. Additionally, for eligible employees assigned to scheduled or nonscheduled work positions, the Union proposed they would be paid at the rate of double time (2x) their regular rate of pay for hours worked after 12 consecutive hours within a 24-hour period. Employees working twelve (12) hour shifts would receive time and one half (1 ½) after 12 hours, and double time after 14 hours. For overtime-eligible employees, the Union proposed that they can request compensatory time at two times the overtime hours worked in lieu of monetary payment. Finally, the Union proposed adding a new section that incorporates language from the MOU – Social Workers regarding overtime for Social Workers.
Article 16 – Holidays – The Union proposed adding Lunar New Year (between Jan. 21-Feb. 20) to the list of paid holidays. When a holiday falls on a part time employee’s regularly scheduled work day and is not worked, the Union proposed new language that would allow part-time employees to use compensatory time, holiday credit, vacation time off, or unpaid time off to complete the regularly scheduled work hours for the day, or by a mutually agreed upon temporary modified weekly schedule. Additionally, the Union proposed extending the date by which all holiday credit must be used to September 30 (except for Labor Day), and that unused holiday credit would be cashed out on September 30 each year. Finally, the Union proposed adding an additional personal holiday for employees to be a total of two (2) per calendar year. The Union proposal added language confirming that these personal holidays can be used to observe culturally or religiously significant days.
Article 25 – Absences Due to Child Care Emergencies – The Union proposed including the language from the Employer’s initial proposal for New MOU – Senate Bill 5793.
Article 31 – Health and Safety – The Union proposed creating a new section in this article titled “Workplace Climate Safety.” Proposed language in this new section would require employees to be paid a rate of 1.5x the employee’s base rate of pay when they must work in environments, both indoor and outdoor, where the temperature reaches 80F and above (75F+ when work requires PPE or clothing incompatible with workplace conditions), temperatures 32F and below, and when the air quality index exceeds 201. The Union also proposed language that would require employees working indoors to be given breaks in accordance with WAC 296-62-09547 while conditions are met. Additionally, the Union proposed language that would require the Employer to respond within one (1) day to employee requests for health examinations resulting from exposure to hazards.
With respect to workplace reviews, the Union proposed new language that would require all areas of worksites where bargaining unit employees are required to frequent be inspected for hazards and ergonomic conditions at least quarterly and that the results of said inspections be available to the Union upon request. The proposal also states that any mitigations that result from said inspections would be appropriate topics for Joint Labor-Management meetings. The Union also proposed adjusting language with respect to first aid/evacuation kits, stating that departments would be required to document the location of said kits. The proposal would also require departments to respond to employee requests to replace expended or expired kits within seven (7) calendar days. Additionally, the Union proposed language that would require organizational units to post fire safety and evacuation plans in work units and to provide a copy to the Union annually.
Union Counter Proposals
Article 26 – Civil Jury Duty and Bereavement Time Off – The Union accepted the proposed terminology changes from the Employer’s initial proposal on July 23, but reasserted the changes proposed in their initial proposal from July 9.
Employer Initial Proposals
Article 2 – Non-Discrimination – The Employer proposed reducing the amount of time for which the Union can submit a grievance to within 90 days of an alleged incident. The Employer also proposed adding language that would require the grievance to contain the information required by Article 6.5.
Article 6 – Grievance Procedure – The Employer proposed new language requiring that the written grievance include a complete description of events that occurred that resulted in an alleged violation, as well as the grievant(s) position. The Employer also proposed language that would allow a delay in scheduling the grievance meeting until the Union has provided all the required information listed in this Article. With respect to Step Four of the grievance procedure (Arbitration), the Employer proposed requiring the Union to contact the Employer to begin the arbitration scheduling process within thirty (30) days of advancing the grievance to arbitration, and that the arbitration hearing date must be scheduled within six months of the date the grievance was advanced to arbitration. If the Union did not do either of the above, the Employer proposed that the grievance would be considered withdrawn.
Article 9 – Hours of Work – The Employer proposed new language that clarifies part-time schedules to include any deviation from any full-time scheduled or nonscheduled work period. The Employer also proposed updating the contact for approving overtime in the form of compensatory time or cash for employees assigned to excepted work period positions to the UWHR Compensation Office, to align with current practice.
Article 10 – Overtime – The Employer proposed to add language that would require overtime work to be approved in advance by the Employer, to align with current practice. The Employer also proposed striking the section around overtime for Dietitian job classes, to align with a proposal regarding Appendix VI (Straight Time/Overtime Eligibility for FLSA Exempt Employees Working at UW Medicine). Additionally, the Employer proposed adding a new section that incorporates language from the MOU – Social Workers regarding overtime for Social Workers.
Appendix VI – Straight Time/Overtime Eligibility for FLSA Exempt Employees Working at UW Medicine – To reflect the change in Article 10 – Overtime regarding Dietitian job classes, the Employer proposed adding an asterisk to the Registered Dietitian job class in this Appendix to indicate that contractual straight time only applies to extra shifts for Dietitians.
Article 11 – Employee Training and Development – The Employer proposed striking section 11.2 that requires the University to annually provide a list of job classes reflecting the number of regular monthly positions and the number of those filled in the last calendar year. The Employer also proposed adding a new section that incorporates language from the MOU – Social Workers regarding social workers receiving paid time off for educational purposes.
Article 15 – Inter-System Movement – The Employer proposed adding personal holiday to the list of benefits that would be transferred to employees’ new place of employment for those who change employment without a break in service between higher education institutions or other state funded agencies. The Employer also proposed clarifying language that details months of service toward a higher vacation accrual rate should include all time spent in non-academic appointments, which includes service in classified, professional and certain civil service exempt staff positions, to reflect current practice.
Article 28 – Inclement Weather and Suspended Operations – The Employer proposed adding clarifying language that details employees who are not eligible for telework would have the options as presented in this article to account for hours not worked. The Employer also proposed adding clarifying language about unpaid time off usage, stating that non-essential employees who have exhausted available paid time off types may use unpaid time off, dependent on FLSA exempt status. Under this proposal, non-exempt employees would be allowed to use unpaid time off for any missed hours and exempt employees would be allowed to use unpaid time off only for full workdays missed. Additionally, the Employer proposed adding language to align with WA Senate Bill 5793, stating that accrued sick time off may be used after declaration of an emergency by a local or state government or agency, or by the federal government. The Employer also proposed to strike the section in this article that details the use of makeup time.
Article 59 – Nonpermanent and Intermittent Employees – The Employer proposed adding three new references to Articles that apply to nonpermanent and intermittent hourly employees, including Article 14.4 (C) – Temporary Appointment to a Higher Position, Article 45.4(f) – Employee Recruitment and Retention Step Increases, and Article 45.6 – Career Enhancement/Growth Program. The Employer also proposed including references to provisions from these Articles within section 59.4 – Compensation of this Article.
MOU – UW Medicine Pre-Scheduled Double Time Shift Incentive for Critical Staffing Needs – The Employer proposed adding language that clarifies eligibility for pre-scheduled double time shifts, stating that permanent FTE employees would be eligible to volunteer for pre-scheduled double time shifts when they are scheduled to meet their permanent FTE within the pay period.
Employer Counter Proposals
Article 25 – Absence Due to Child Care Emergencies – The Employer accepted the Union’s proposed grammatical edits in Article 25 but proposed a revision to the Article title.
Next Steps
The next UW and SEIU 925 bargaining session is scheduled for Friday, August 9, 2024 and will be held virtually.