WSR 03-19-129

PROPOSED RULES

PERSONNEL RESOURCES BOARD


[ Filed September 17, 2003, 10:08 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 251-04-035 Exemptions, 251-14-015 Temporary employees -- Collective bargaining agreement.

Purpose: WAC 251-04-035 stipulates exemptions from Title 251 WAC, including the Washington Personnel Resources Board's definitions for student, part-time, or temporary employees, and part-time professional consultants as stated in chapter 41.06 RCW. WAC 251-14-015 pertains to collective bargaining agreements for temporary employees.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.150.

Summary: There are two separate alternatives being proposed. Each proposal will stipulate exemptions from Title 251 WAC and temporary employees collective bargaining rights.

Name of Agency Personnel Responsible for Drafting: Sharon Whitehead, 521 Capitol Way South, Olympia, WA, (360) 664-6348; Implementation and Enforcement: Department of Personnel.

Name of Proponent: Department of Personnel, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 251-04-035 stipulates exemptions from Title 251 WAC, including the Washington Personnel Resources Board's definitions for student, part-time, or temporary employees, and part-time professional consultants as stated in chapter 41.06 RCW. WAC 251-14-015 pertains to collective bargaining agreements for temporary employees.

There are two separate alternatives being proposed.

Alternative #1 adds language to WAC 251-04-035 which states that certain exempted employees may be included in an appropriate bargaining unit for purposes of collective bargaining as determined by the Public Employment Relations Commission. This alternative creates WAC 251-14-015 which states that temporary employees which are included in a bargaining unit, which there is an existing collective bargaining agreement, none of the terms and conditions of the bargaining agreement will apply. This alternative is being proposed by the Interinstitutional Personnel Officers Committee.

Alternative #2 adds language to WAC 251-04-035 which states that persons employed to work one thousand fifty hours or less in any twelve month period and persons exempted under WAC 251-19-120(8) are covered by this chapter for purposes of collective bargaining. This alternative is being proposed by the Washington Federation of State Employees, Washing [Washington] Public Employees Association and the Service Employees International Union Local 925 and District 1199 NW.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Department of Personnel, 521 Capitol Way South, Olympia, WA, on October 21, 2003, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Department of Personnel by October 14, 2003, TDD (360) 753-4107 or (360) 586-8260.

Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by October 15, 2003.

Date of Intended Adoption: October 21, 2003.

September 16, 2003

E. C. Matt

Secretary


Alternative #1


AMENDATORY SECTION(Amending WSR 03-13-051, filed 6/12/03, effective 6/12/03)

WAC 251-04-035   Exemptions.   The provisions of this chapter do not apply to positions listed in RCW 41.06.070 and to the following:

(1) The executive director, his/her confidential secretary, assistant directors, and professional education employees of the state board for community and technical colleges.

(2) The following definitions are hereby established as the criteria for identifying positions occupied by student, part-time or temporary employees, and part-time professional consultants that are exempt from the provisions of this chapter.

(a) Students employed by the institution at which they are enrolled (or related board) and who either:

(i) Work five hundred sixteen hours or less in any six consecutive months, exclusive of hours worked in a temporary position(s) during the summer and other breaks in the academic year, provided such employment does not take the place of a classified employee laid off due to lack of funds or lack of work; or fill a position currently or formerly occupied by a classified employee during the current or prior calendar or fiscal year, whichever is longer;

(ii) Are employed in a position directly related to their major field of study to provide a training opportunity; or

(iii) Are elected or appointed to a student body office or student organization position such as student officers or student news staff members.

(b) Students participating in a documented and approved programmed internship which consists of an academic component and work experience.

(c) Students employed through the state or federal work/study programs.

(d) Persons employed to work one thousand fifty hours or less in any twelve consecutive month period from the original date of hire or October 1, 1989, whichever is later. Such an appointment may be subject to remedial action in accordance with WAC 251-12-600, if the number of hours worked exceeds one thousand fifty hours in any twelve consecutive month period from the original date of hire or October 1, 1989, whichever is later, exclusive of overtime or work time as described in subsection (2)(a) of this section.

(i) Employees who are either exempt under WAC 251-04-035 (2)(d) or exceptions authorized under WAC 251-19-120(8), and who work more than three hundred fifty hours in any twelve consecutive month period from the original date of hire or January 1, 2004, whichever is later, exclusive of overtime or time worked under subsection (2)(a) of this subsection, may be included in an appropriate bargaining unit for purposes of collective bargaining, as determined by the Public Employment Relations Commission.

(e) Part-time professional consultants retained on an independent part-time or temporary basis such as physicians, architects, or other professional consultants employed on an independent contractual relationship for advisory purposes and who do not perform administrative or supervisory duties.

[Statutory Authority: RCW 41.06.150. 03-13-051, 251-04-035, filed 6/12/03, effective 6/12/03.]


NEW SECTION
WAC 251-14-015   Temporary employees -- Collective bargaining agreement.   For individuals organized under WAC 251-04-035 (2)(d)(i) who are included in a bargaining unit for which there is an existing collective bargaining agreement (including side letters and memorandums of understanding), none of the terms and conditions of the collective bargaining agreement (including side letters and memorandums of understanding) will apply. The employer and the union will be free to agree to different terms as well as to which, if any, terms of the existing collective bargaining agreement (including side letters and memorandums of understanding) will apply.

[]


Alternative #2


AMENDATORY SECTION(Amending WSR 03-13-051, filed 6/12/03, effective 6/12/03)

WAC 251-04-035   Exemptions.   The provisions of this chapter do not apply to positions listed in RCW 41.06.070 and to the following:

(1) The executive director, his/her confidential secretary, assistant directors, and professional education employees of the state board for community and technical colleges.

(2) The following definitions are hereby established as the criteria for identifying positions occupied by student, part-time or temporary employees, and part-time professional consultants that are exempt from the provisions of this chapter.

(a) Students employed by the institution at which they are enrolled (or related board) and who either:

(i) Work five hundred sixteen hours or less in any six consecutive months, exclusive of hours worked in a temporary position(s) during the summer and other breaks in the academic year, provided such employment does not take the place of a classified employee laid off due to lack of funds or lack of work; or fill a position currently or formerly occupied by a classified employee during the current or prior calendar or fiscal year, whichever is longer;

(ii) Are employed in a position directly related to their major field of study to provide a training opportunity; or

(iii) Are elected or appointed to a student body office or student organization position such as student officers or student news staff members.

(b) Students participating in a documented and approved programmed internship which consists of an academic component and work experience.

(c) Students employed through the state or federal work/study programs.

(d) Persons employed to work one thousand fifty hours or less in any twelve consecutive month period from the original date of hire or October 1, 1989, whichever is later, are exempt from this chapter except as provided in subsections (i) through (iv) below. Such an appointment may be subject to remedial action in accordance with WAC 251-12-600, if the number of hours worked exceeds one thousand fifty hours in any twelve consecutive month period from the original date of hire or October 1, 1989, whichever is later, exclusive of overtime or work time as described in subsection (2)(a) of this section.

(i) Persons employed to work one thousand fifty hours or less in any twelve consecutive month period from the original date of hire and persons employed under exceptions authorized under WAC 251-19-120(8) are covered by this chapter for purposes of collective bargaining to the same extent that persons who work more than one thousand fifty hours in any twelve consecutive month period are covered by this chapter.

(ii) The phrase "covered by this chapter for collective bargaining purposes" as used in this section, shall mean that the employees described in (d)(i) of this subsection shall possess those rights granted in chapters 41.06, 41.56 and 41.80 RCW to employees who work more than one thousand fifty hours in any twelve consecutive month period.

(iii) The phrase "covered by this chapter for collective bargaining purposes" as used in this section shall further mean that collective bargaining relationships between higher education institutions and labor organizations which represent employees described in (d)(i) of this subsection shall be governed by the same laws and regulations which apply to the relationships between higher education institutions and the labor organizations which represent other employees who are not exempt from this chapter, including the provisions that require the parties to bargain in good faith over the employees' terms and conditions of employment.

(iv) In the event that a labor organization is certified to represent a bargaining unit which includes employees described in (d)(i) of this subsection and there is an existing collective bargaining agreement (including side letters and memorandums of understanding), the employees described in (d)(i) of this subsection shall be covered by all of the terms and conditions of those collective bargaining agreements (including side letters and memorandums of understanding) unless the parties agree on different terms and conditions.

(e) Part-time professional consultants retained on an independent part-time or temporary basis such as physicians, architects, or other professional consultants employed on an independent contractual relationship for advisory purposes and who do not perform administrative or supervisory duties.

[Statutory Authority: RCW 41.06.150. 03-13-051, 251-04-035, filed 6/12/03, effective 6/12/03.]

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