WSR 04-13-191

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed June 23, 2004, 11:40 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: New sections WAC 357-43-001 What definitions apply to this chapter of the civil service rules?, 357-43-005 What is the purpose of this chapter?, 357-43-010 Do the other rules in Title 357 WAC governing classified employees apply to employee business unit members?, 357-43-015 Which rules explain employee business unit bid submittal and bid evaluation?, 357-43-020 Are employee business unit members classified employees?, 357-43-025 What establishes the terms and conditions of employment for employee business unit members?, 357-43-030 Must employment within an employee business unit comply with applicable federal, state and municipal statutes and regulations?, 357-43-035 May authority be delegated within an employee business unit?, 357-43-040 Can an employee business unit member accept an appointment in an exempt position?, 357-43-045 What reversion rights does a former employee business unit member have following appointment to an exempt position?, 357-43-050 Must an employer include positions in an employee business unit in the employer's affirmative action plan?, 357-43-055 Can employee business unit members accrue vacation leave?, 357-43-060 Can employee business unit members accrue sick leave?, 357-43-065 Can employee business unit members cash out sick leave?, 357-43-070 Are employee business unit members eligible for legal holidays?, 357-43-075 Are employee business unit members eligible to receive a personal holiday?, 357-43-080 Are employee business unit members eligible to participate in the employer's shared leave program?, 357-43-085 Are employee business unit members eligible to receive military leave?, 357-43-090 Are displaced employees subject to layoff during the competitive contracting process?, 357-43-095 Must an employee business unit have a layoff procedure?, 357-43-100 What layoff rights must be included in the employee business unit's layoff procedure?, 357-43-105 When is a general government employee business unit member eligible for placement in the general government transition pool?, 357-43-110 When can an employer reemploy employee business unit members?, and 357-43-115 Must employee business unit members complete employer required training?

Hearing Location(s): Department of Personnel, 521 Capitol Way South, Olympia, WA, on July 29, 2004, at 10:00 a.m.

Date of Intended Adoption: July 29, 2004.

Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT," fax (360) 586-4694, by July 23, 2004.

Assistance for Persons with Disabilities: Contact Department of Personnel by July 23, 2004, TTY (360) 753-4107 or (360) 586-8260.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal establishes civil service rules that apply to employee business unit members when employed under a contract.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.150.

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Due to the passage of SHB 1268 the director of the Department of Personnel has rule-making authority regarding employee business units. The proposed rules implement this provision of the Personnel System Reform Act.

Name of Proponent: Department of Personnel, governmental.

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

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

A cost-benefit analysis is not required under RCW 34.05.328.

June 23, 2004

E. C. Matt

Director


NEW SECTION
WAC 357-43-001   What definitions apply to this chapter of the civil service rules?   The following definitions apply to Chapter 357-43 WAC:

(1) Appointing Authority: An individual lawfully authorized to appoint, transfer, layoff, reduce, dismiss, suspend, or demote employees.

(2) Competitive Contracting: The process by which classified employees compete with businesses, individuals, nonprofit organizations, or other entities for the performance of services those employees have customarily and historically performed.

(3) Contract: A formal and binding agreement or an amendment to an agreement between an employer and an employee business unit for performing services as defined in the competitive contracting solicitation.

(4) Displaced employee: A classified employee whose position or work would be eliminated, resulting in the employee being laid off or assigned to a different job classification, as a result of an award via the competitive contracting process.

(5) Employee Business Unit: A group of employees who perform services for which an employer proposes to competitively contract and who:

(a) Notify the agency of their intent to submit a bid for the performance of those services through competitive contracting; or

(b) Receive award of a contract from the employer as a result of being a successful bidder.

(6) Employee Business Unit Member: A classified employee working under the provisions of chapter 357-43 WAC.

(7) Employer: A state agency, an institution of higher education, or a related higher education board.

[]


NEW SECTION
WAC 357-43-005   What is the purpose of this chapter?   The purpose of this chapter is to establish the chapter of civil service rules that apply to employee business unit members when employed under a contract.

[]


NEW SECTION
WAC 357-43-010   Do the other rules in Title 357 WAC governing classified employees apply to employee business unit members?   Except for Chapter 357-43 WAC, the civil service rules do not apply to employee business unit members unless specifically referenced within Chapter 357-43 WAC.

[]


NEW SECTION
WAC 357-43-015   Which rules explain employee business unit bid submittal and bid evaluation?   The rules explaining employee business unit bid submittals and evaluation of those bids are included in Chapter WAC 236-51, Competitive Contracting.

[]


NEW SECTION
WAC 357-43-020   Are employee business unit members classified employees?   Employee business unit members continue to be classified employees.

[]


NEW SECTION
WAC 357-43-025   What establishes the terms and conditions of employment for employee business unit members?   The terms and conditions of employee business unit employment are established by the contract or by appointment actions taken under that contract.

[]


NEW SECTION
WAC 357-43-030   Must employment within an employee business unit comply with applicable federal, state and municipal statutes and regulations?   Employment within an employee business unit must comply with applicable federal, state and municipal statutes and regulations.

[]


NEW SECTION
WAC 357-43-035   May authority be delegated within an employee business unit?   The duties of an appointing authority may be delegated to an employee business unit member.

[]


NEW SECTION
WAC 357-43-040   Can an employee business unit member accept an appointment in an exempt position?   An employee business unit member may accept an appointment to an exempt position.

[]


NEW SECTION
WAC 357-43-045   What reversion rights does a former employee business unit member have following appointment to an exempt position?   A former employee business member who was appointed to an exempt position from the employee business unit has reversion rights provided in RCW 41.06.070.

[]


NEW SECTION
WAC 357-43-050   Must an employer include positions in an employee business unit in the employer's affirmative action plan?   Positions in an employee business unit must be included in the employer's affirmative action plan.

[]


NEW SECTION
WAC 357-43-055   Can employee business unit members accrue vacation leave?   Employee business unit members accrue vacation leave as provided in RCW 43.01.040 through RCW 43.01.044.

[]


NEW SECTION
WAC 357-43-060   Can employee business unit members accrue sick leave?   Employee business unit members accrue sick leave as provided in RCW 41.48.140.

[]


NEW SECTION
WAC 357-43-065   Can employee business unit members cash out sick leave?   Employee business unit members may cash out sick leave as provided in RCW 41.04.340.

[]


NEW SECTION
WAC 357-43-070   Are employee business unit members eligible for legal holidays?   Those holidays listed in RCW 1.16.050 are recognized as legal holidays for employee business unit members. Compensation for such holidays will be determined by the terms of the contract.

[]


NEW SECTION
WAC 357-43-075   Are employee business unit members eligible to receive a personal holiday?   Employee business unit members are eligible to receive one (1) personal holiday per year as provided in RCW 1.16.050.

[]


NEW SECTION
WAC 357-43-080   Are employee business unit members eligible to participate in the employer's shared leave program?   Employee business unit members are eligible to participate in the employer's shared leave program as provided in RCW 41.04.650 through 41.04.670.

[]


NEW SECTION
WAC 357-43-085   Are employee business unit members eligible to receive military leave?   Employee business unit members are eligible to receive military leave as provided in RCW 38.40.060.

[]


NEW SECTION
WAC 357-43-090   Are displaced employees subject to layoff during the competitive contracting process?   Prior to the effective date of the contract, all displaced employees are subject to the employer's layoff procedure as provided in Chapter 357-46 WAC.

[]


NEW SECTION
WAC 357-43-095   Must an employee business unit have a layoff procedure?   Each employee business unit must establish a layoff procedure that describes the process the employee business unit will follow when it is necessary to reduce or eliminate a position in the employee business unit.

[]


NEW SECTION
WAC 357-43-100   What layoff rights must be included in the employee business unit's layoff procedure?   The employee business unit layoff procedure must provide employee business unit members layoff rights within the boundaries of employee business unit.

[]


NEW SECTION
WAC 357-43-105   When is a general government employee business unit member eligible for placement in the general government transition pool?   A general government employee business unit member is eligible for placement in the general government transition pool under the provisions of WAC 357-46-095 as follows:

(1) Upon layoff of the employee business unit member, or

(2) In the event the contract with the employee business unit has been terminated or it has expired.

[]


NEW SECTION
WAC 357-43-110   When can an employer reemploy employee business unit members?   Employers may reemploy employee business unit members who had permanent classified status prior to entry into the employee business unit, per WAC 357-19-460 when:

(1) The employee business unit member is laid off, or

(2) In the event the contract with the employee business unit has been terminated or it has expired.

[]


NEW SECTION
WAC 357-43-115   Must employee business unit members complete employer required training?   Employee business unit members must complete any training required by the contracting employer or must satisfy training requirements as prescribed by the employee business unit contract.

[]

Legislature Code Reviser 

Register

Washington State Code Reviser's Office