WSR 05-01-193

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed December 21, 2004, 3:16 p.m. , effective July 1, 2005 ]


Purpose: This chapter of rules establishes civil service rules that apply to employee business unit members when employed under a contract.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 04-13-191 on June 23, 2004.

Changes Other than Editing from Proposed to Adopted Version: WAC 357-43-030, as a result of discussions with stakeholders, new language was added in this section regarding executive orders as applicable.

WAC 357-43-040, this section was originally filed as 357-43-115. No other changes.

WAC 357-43-110, this section was originally filed as 357-43-040. As a result of discussions with stakeholders, new language has been added in this section to address employees outside of an employee business unit.

WAC 357-43-115, this section was originally filed as 357-43-045. As a result of discussions with stakeholders, wording change includes changing "reversion" to "return."

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 20, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 20, Amended 0, Repealed 0.

Date Adopted: July 29, 2004.

E. C. Matt

Director

Chapter 357-43 WAC

Employee Business Units


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.

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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.

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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.

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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.

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

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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.

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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 and executive orders as applicable.

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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.

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NEW SECTION
WAC 357-43-040   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.

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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.

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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 43.01.044.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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NEW SECTION
WAC 357-43-110   Can an employee business unit member accept an appointment in an exempt position or a classified position outside of the employee business unit?   An employee business unit member may accept an appointment to an exempt position or a classified position outside of the employee business unit.

Chapter 357-43 WAC does not apply to appointments to classified positions outside of a employee business unit.

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NEW SECTION
WAC 357-43-115   What return 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 return rights provided in RCW 41.06.070.

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