Category: Washington Federation of State Employees

Background
This recap details the tenth, eleventh, and twelfth virtual sessions 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.

Tentative Agreements
The parties tentatively agreed to the following:

Article 2 – Non-Discrimination
The parties agreed to language that would more closely align this article with Executive Order 31 on Nondiscrimination and Affirmative Action. Employees will also be able to choose to report incidents using multiple bias reporting tools. Additionally, when an employee files a complaint with the University Complaint Investigation and Resolution Office (UCIRO), they would receive an email confirming the complaint has been received.

Article 5 – Affirmative Action
The parties agreed that in conjunction with Federal and State laws, regulations, and Executive Orders, the Employer would develop, implement, monitor, and report on an affirmative action program. The Employer would also develop, implement, monitor, and report on affirmative action goals for hiring or promoting. The parties agreed that groups included in the affirmative action program are the protected classes covered by relevant federal and state regulations. Additionally, the Employer would provide the Union with a current affirmative action report annually.

Article 7 – Employee Rights
The parties clarified that there would be at least three business days for an employee to secure a union representative for an investigatory meeting. The parties also agreed to include that Off Duty Employment would include reference to University of Washington Administrative Policy Statement on Outside Consulting Activities and Part-Time Employment by Profession or Classified Staff Employees.

Article 12 – Licensure and Certification
The parties agreed to current contract language.

Article 13 – Tuition Exemption Program
The parties agreed that supervisors would make a good faith effort to allow the use of flex time for employees who wish to take a class during their scheduled shift. If the supervisor is not able to approve a flexible work arrangement, upon request, the employee would be provided a written explanation for the denial.

Article 16 – Holidays
The parties agreed to housekeeping edits only.

Article 18 – Sick Time Off
The parties agreed to housekeeping edits throughout this article.
Accrual
The parties agreed to housekeeping edits and full-time employees (prorated for part-time) would accrue eight hours of sick time off for each month of regular service. Full-time and part-time employees with unpaid time off exceeding 80 hours in a month (prorated for part-time) would earn a monthly accrual proportionate to the number of hours in pay status, in the month to that required for full-time employment. Employers working less than a full-time schedule will earn a monthly accrual proportionate to the number of hours in pay status, in the month to that required for full-time employment. Sick time off accruals must not exceed eight hours in a month and may not be used in advance of the accrual.
Sick Time Off Use
The parties agreed to expand the conditions where an employee could utilize sick time off. The expanded benefits include, caring for members of their household, when using as a supplemental benefit, if the employee or family members is a victim of domestic violence, when an employee needs to be with a spouse or partner who is a member of the armed forces or reserves, or when an employee requests to use sick time off for the purposes of parental leave to bond with a newborn, adoptive, or foster child.
Use of Vacation Time Off or Compensatory Time Off for Sick Time Off Purposes
The parties agreed to include language where an employee would be granted the use of accrued compensatory time to care for spouse, domestic partner, parent, parent-in-law, grandparent, minor/dependent child who has a serious health condition, domestic violence leave, military spouse leave, and when requested as a supplemental benefit.
Sick Time Off Cash Out
The parties agreed that within five years of separation, a re-employed employee would be granted all unused sick time off credits to which they were entitled at the time of separation.

Article 20 – Miscellaneous Leave
The parties agreed to housekeeping edits only.

Article 22 – Child/Dependent Care
The parties agreed partially subsidized backup child care benefits, and where feasible, would consider space and support for childcare centers at UW worksites.

Article 26 – Civil Duty Time Off and Bereavement Time Off
The parties agreed to housekeeping edits throughout the article.
Civil Duty
The parties agreed that employees could keep any compensation received for fulfilling civil duty, such as jury pay or travel reimbursement.
Bereavement Time Off
The parties agreed to expand that bereavement time off could be used for stillbirth or miscarriage.

Article 28 – Inclement Weather
The parties agreed to housekeeping edits throughout the article.
Suspended Operations
The parties agreed that if the University determines that emergency conditions advise to suspend operation, then only employees that are not conducive to telework would be required to report to work. Additionally, non-essential employees who do not work for the balance of the closure during suspended operations could use paid time off in the following order: compensatory time and/or holiday credit, vacation time off, personal holiday, unpaid time off. If unpaid time off was used, employees have up to fifteen calendar days after operations resume to make up work time lost provided the request is made within two working days after operations resume and reasonable work exists. If the request is denied, then the supervisor shall state their reasons for the denial in writing.

Article 36 – Corrective Action/Dismissal
Representation
The parties agreed that the Employer would provide at least three business days to allow an employee to secure a Union representative. If notice is given prior to the midpoint of the scheduled shift or if the employee is on paid administrative time off, the day of notification is the first day.

Article 38 – Seniority, Layoff, Rehire
The parties agreed to housekeeping edits throughout the article.
Employment Option
The parties agreed that the employee affected by a reduction in force would be offered the following employment options: a funded vacant position within the same job classification, FTE, and layoff unit; a funded vacant position within the same job classification within 0.2 FTE status and layoff unit; the opportunity to replace the most junior employee within the layoff/seniority unit in the same classification and in an FTE status within 0.2 FTE; the opportunity to replace the most junior employee in the same classification with a lower FTE status; and the opportunity to replace the most junior employee within the same department who is in a lower classification or within 0.2 FTE of the employee affected by the reduction in force.

Article 39 – Resignation and Abandonment
The parties agreed to current contract language.

Article 41 – New Employees
The parties agreed to add language that new employee orientations could take place virtually.

Article 42 – Union Activities, Rights, and Stewards
Union Stewards
The parties agreed that when the Union requests in advance of an investigatory meeting, fact finding, Step One, or a Step Two hearing, a second steward, or apprentice, could be present for training purposes. Additionally, the Employer may deny requests for a second steward to attend an investigatory meeting or fact finding within the employee’s department.

Article 48 – Staffing Concerns
Departmental Staffing Concerns
The parties agreed that upon request, a departmental Joint Union/Management meeting for staffing concerns will be scheduled for a mutually agreeable date, time, and length. The parties will make a good faith effort to schedule the JLM within thirty days of the request.

Article 55 – Contract Publication
Contract Distribution
The parties agreed the Employer would post the agreement electronically on the Labor Relations website by the effective date of the agreement (July 1, 2023) or within 60 days of legislative approval, whichever is later. Additionally, to include language where translated versions of the Agreement could be found.

MOU – Intermittent Nonpermanent and Represented Regular Temporary Employees
The parties agreed to carry this MOU forward into the successor agreement.

MOU – Multi-Campus Voluntary Standby Pool
The parties agreed to carry this MOU forward into the successor agreement.

MOU – Scholarship Fund for Medical Center Employees
The parties agreed to housekeeping edits and increased the annual pool from $100,000 to $150,000 (at a maximum of $5,000 per employee) for WFSE-represented employees at Harborview Medical Center and UW Medical Center to obtain a degree or certification required for employment within the hospital where the employee works.

Next Steps
An additional bargaining day has been added, the next WFSE and UW bargaining session is scheduled for Monday, September 19, 2022 and will be held virtually.

Background
This recap details the eighth and ninth virtual sessions 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.

Tentative Agreements
The parties tentatively agreed to the following:

Article 3 – Reasonable Accommodation of Employees with Disabilities
The parties agreed to housekeeping changes only.

Article 4 – Workplace Behavior
The parties agreed to current contract language.

Article 6 – Grievance Procedure
Article 6 details the definition, rights, representation, process, and steps of a grievance. Housekeeping edits were made to this article and language that the Union may skip Step Three by providing the Employer written notification within thirty days of a Step Two decision.

Article 34 – Performance Evaluation
The parties agreed to current contract language.

Appendix III – Overtime Exempt Job Classifications
This appendix describes job classifications that are FLSA exempt but also describes how positions in certain classifications may be determined to be FLSA non-exempt if the employee’s combination of FTE and salary falls below the federal or state salary threshold.

Appendix IV – Layoff Seniority Units
The parties agreed to current contract language.

WFSE Counter Proposals

Article 2 – Non-Discrimination
Complaints
In response to the Employer’s proposal, the Union proposed that employees could also choose to report the incident utilizing the bias reporting tool or UW Medicine Bias Reporting. Also that UCIRO would acknowledge receipt of complaint within ten calendar days.

Article 9 Hours of Work and Work Schedules
Rest, Meal and Clean-up Periods
The Union maintained its proposal that the Employer would provide a minimum of 45 minutes of paid travel time to allow mobile employees to get to an appropriate location to take their rest/meal period and to return to their work vehicle and/or work location.
Rest Between Shifts
In response to the Employer’s proposal, the Union proposed that the Employer would make a good faith effort to provide each employee with at least 10 hours off duty between shifts. In the event that an employee is required to work with less than 10 hours off duty between shifts, all time worked within this 10-hour period would be at time and one-half.
Clock-In/Clock-Out Grace Period
The Union proposed that the Employer would grant all non-telework employees with a fifteen minute grace period when clocking in and out.

Article 10 – Overtime
Compensatory Time
In response to the Employer’s proposal, the Union reduced the amount of compensatory time an employee could accrue from 240 to 160.

Article 14 – Hiring, Appointments, Promotions, and Transfers
Internal Lateral Movement Within Unit/Department
In response to the Employer’s proposal, the Union proposed that prior to referring candidates, the Employer would provide seven calendar days’ notice to employees within the unit/department. An employee’s request for the vacant shift would be granted provided that the employee had no corrective action issued within the past three months. The Union also proposed that the offering of a formal layoff option in accordance with Article 38 prior to granting a transfer request under this sub-article.

Article 28 – Inclement Weather and Suspended Operations
Suspended Operations
In response to the Employer’s proposal, the Union agreed that if unpaid time off is used, employees would have up to 15 calendar days to make up work time lost provided employees request makeup time within two working days after operations resume. The Union proposed that if the request is denied, then the University would state their reasons for the denial in writing.

Article 55 – Contract Publication
In response to the Employer’s proposal, the Union proposed that electronic versions of the agreement would be provided and available on the Labor Relations website in English, Spanish, and Amharic.

UW Counter Proposals

Article 5 – Affirmative Action
The Employer proposed language that would more closely align this article to relevant federal and state regulations. Additionally, the Employer proposed that it would develop, implement, monitor, and report on affirmative action goals for hiring and/or promoting into job classes/categories where the Employer determines under-utilization exists. In response to the Union’s proposal, the Employer proposed to provide these reports annually to the Union.

Article 10 – Overtime
Required Overtime Work
In response to the Union’s proposal, the Employer proposed that the Employer would first ask for volunteers from the officers currently on shift or scheduled to come in for the next shift prior to assigning mandatory overtime. Also, when possible, mandatory overtime would be assigned on a rotational basis.

Article 11 – Training and Professional Development
Education Support Funds
In response to the Union’s proposal, the Employer proposed that Surgical Technologists and Hospital Central Services Technicians would receive $400 per fiscal year for continuing education.

Article 13 – Tuition Exemption Program
In response to the Union’s proposal, the Employer proposed that if the supervisor was not able to approve a flexible work arrangement, if requested, the employee would be provided a written explanation for the denial.

Article 18 – Sick Leave
In response to the Union’s proposal, the Employer reasserted its previous proposal.

Article 26 – Civil/Jury Duty Leave and Bereavement Leave
Civil Duty
The Employer agreed that employees may keep any compensation received for fulfilling civil duty, such as jury pay or travel reimbursement.
Bereavement
In response to the Union’s proposal, the Employer could not agree to increasing bereavement time off beyond three days.

Article 31 – Health and Safety
Personal Protective Equipment
In response to the Union’s proposal, the Employer proposal that the Employer would provide appropriate PPE to all health care workers in accordance with UW Medicine policy. Also, the Employer would provide appropriate PPE to all campus employees in accordance with the University’s Department of Environmental Health & Safety policy. Finally, no employee would be disciplined or retaliated against for advocating for PPE that they believe is needed for their and others’ safety.

Article 36 – Corrective Action/Dismissal
Representation
In response to the Union’s proposal, the Employer proposed to provide at least 3 business days to allow an employee to secure a Union representative and the day of notification would be the first day for investigatory interviews as well as counseling or dismissal meetings.

Article 38 – Seniority, Layoff, Rehire
In response to the Union’s proposal, the Employer proposed some housekeeping edits.

Article 39 – Resignation and Abandonment
In response to the Union’s proposal, the Employer reasserted its previous proposal of current contract language.

Article 42 – Union Activities, Rights, and Stewards
Union Stewards
In response to the Union’s proposal, the Employer proposed that the Employer could deny requests for a second steward to attend an investigatory meeting/fact finding within the employee’s department.

Article 45 – Compensation, Wages, and Other Pay Provisions
In response to the Union’s proposal, the Employer proposed increasing that effective July 1, 2024, all salary ranges would be increased from one percent to two percent.
Field Training Officer
The Employer also proposed that when a Public Safety Officer has been designated as a Field Training Officer, this employee would receive a 7% increase for all hours training or instructed rather than 5%.
Custodian Lead Assignment
Finally, the Employer also proposed to increase the Custodian Lead Assignment pay from $1.65 per hour to $2 per hour for custodians assigned lead duties.

Article 47 – Contracting
In response to the Union’s proposal, the Employer reasserted its initial proposal.

WFSE “What If” Proposals
Appendix VI – Contracting Out Form
The Union proposed that this form would be completed by the Employer and provided to WFSE if contracting out work was deemed necessary by the University. The Contracting Out Form details the project title, location of work, client contact, department, UW Facilities or Work Order, cost estimate, description of work, start and end date, list of what work would be completed by UW Facilities skilled trades employees, and if this work is associated with a larger project. The Union proposed that the UW would immediately submit a notice to WFSE regarding the need to contract out work.

Article 47 – Contracting
The Union proposed when contracting out work is deemed necessary by the Employer, the Employer would take all necessary steps to ensure any work that has been historically performed by University and/or Medical Center qualified employees prior to a contracting out form which would be provided to the Union immediately as stated in their proposal regarding Appendix VI – Contracting Out Form.

Next Steps
The next WFSE and UW bargaining session is scheduled for Wednesday, September 14, 2022 and will be held virtually.