WSR 02-12-121

EMERGENCY RULES

PERSONNEL RESOURCES BOARD


[ Filed June 5, 2002, 9:25 a.m. , effective July 11, 2002 ]

Date of Adoption: May 29, 2002.

Purpose: The intent of the proposed modifications is to make it easier to understand the administration of overtime and call-back penalty pay when Department of Natural Resources' employees are performing emergency duty under an incident command system for long hours and, in some cases, days or weeks at a time. This proposal would allow miscellaneous leave to be approved in consideration of employees' need to recuperate after extended periods of emergency work under an incident command system.

Citation of Existing Rules Affected by this Order: Amending WAC 356-15-110 and 356-18-120.

Statutory Authority for Adoption: RCW 41.06.150.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: These proposed rule amendments would relieve and otherwise avoid employee frustrations and disputes over pay issues thereby significantly contributing to their morale and safety, making adoption of proposed rule amendments in time for the 2002 fire season important to the public health, safety and general welfare. These amendments were previously adopted on an emergency basis effective March 14, 2002.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.
Effective Date of Rule: July 11, 2002.

June 4, 2002

E. C. Matt

Secretary


AMENDATORY SECTION(Amending WSR 99-19-113, filed 9/21/99, effective 11/1/99)

WAC 356-15-110   Call-back for work on scheduled days off or holidays.   (1) Management may assign employees to work on a day off or holiday. Scheduled and nonscheduled work period employees shall be notified of such assignments at least prior to the employees' normal quitting times on their second work day preceding the day off or holiday (except Sunday when it is within the assigned workshift).

(a) If management does not give such notice, affected employees shall receive a penalty payment of three hours pay at the basic salary in addition to all other compensation due them.

(b) Management may cancel work assigned on a day off or holiday. However, if management does not notify affected employees of such cancellation at least prior to their normal quitting times on their second work day preceding the day off or holiday work assignment, affected employees shall receive a penalty payment of three hours pay at the basic salary.

(2) These provisions shall apply to employees in paid leave status.

(3) These provisions shall not apply to an employee assigned work on a day off or holiday while in standby status or on a contingency schedule as provided in WAC 356-15-090(5).

(4) Only the provisions provided in subsection (1)(b) of this section shall apply to employees within the department of corrections institutions bargaining unit when the employee has volunteered to work such time on an overtime sign-up sheet.

(5) In the Department of Natural Resources and in lieu of (1) above, employees dispatched to emergency response duty under an Incident Command System, defined in RCW 38.52.010, will be paid a callback penalty payment equivalent to three (3) hours of straight time pay for the first scheduled day off on which they perform emergency work after dispatch to an incident. Thereafter, a callback penalty payment equivalent to one (1) hour of straight time pay will be paid for each subsequent scheduled day off on which they perform emergency work on the same incident. This provision applies separately to each emergency incident unless responding to more than one incident from the same camp.

[Statutory Authority: RCW 41.06.150. 99-19-113, 356-15-110, filed 9/21/99, effective 11/1/99; 96-02-073, 356-15-110, filed 1/3/96, effective 2/3/96; 86-12-025 (Order 248), 356-15-110, filed 5/28/86, effective 7/1/86; 84-12-079 (Order 206), 356-15-110, filed 6/6/84; Order 98, 356-15-110, filed 1/13/77, effective 2/13/77; Order 86, 356-15-110, filed 5/4/76, effective 10/1/76.*]


AMENDATORY SECTION(Amending WSR 89-21-055 (Order 332), filed 10/16/89, effective 12/1/89)

WAC 356-18-120   Miscellaneous leave.   (1) Leave with pay may be allowed to permit an employee to take an examination for a state position, receive assessment from the employee advisory service, serve as a member of a jury, or perform other civil duties. In the Department of Natural Resources, leave with pay equivalent to one regular workshift may be allowed for the purpose of rest and recuperation after ten consecutive calendar days performing emergency work under an Incident Command System, defined in RCW 38.52.010.

(2) Employees on miscellaneous leave shall receive their basic salary and, in addition, shall be allowed to retain any compensation paid to them by their civil duty employer.

[Statutory Authority: RCW 41.06.150. 89-21-055 (Order 332), 356-18-120, filed 10/16/89, effective 12/1/89; 88-07-046 (Order 297), 356-18-120, filed 3/11/88, effective 5/1/88; 86-14-071 (Order 253), 356-18-120, filed 7/1/86, effective 8/1/86. Statutory Authority: RCW 41.06.150(17). 79-10-064 (Order 133), 356-18-120, filed 9/18/79; Order 77, 356-18-120, filed 5/7/75; Order 36, 356-18-120, filed 7/1/71, effective 8/1/71. Formerly WAC 356-12-110.]

Washington State Code Reviser's Office