WSR 05-19-003

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed September 8, 2005, 3:58 p.m. , effective October 10, 2005 ]


Purpose: This rule addresses what happens if a displaced employee chooses to be removed from an EBU before the effective date of the contract.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 05-16-040 on July 27, 2005.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.

Date Adopted: September 8, 2005.

Eva N. Santos

Director


NEW SECTION
WAC 357-43-008   What happens if a displaced employee chooses to be removed from the employee business unit before the effective date of a contract that is awarded to the employee business unit?   When a displaced employee chooses to be removed from an employee business unit prior to the effective date of the contract that is awarded to the employee business unit, the following applies:

(1) If the displaced employee chooses to be removed before the employer notifies the employee business unit of the intent to award the contract to the employee business unit (as described in WAC 236-51-600), the displaced employee has layoff rights in accordance with WAC 357-46-012.

(2) If the displaced employee chooses to be removed after the employer notifies the employee business unit of the intent to award the contract to the employee business unit (as described in WAC 236-51-600), the displaced employee has no layoff rights under chapter 357-46 WAC and is considered to have resigned when his/her position is eliminated.

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Washington State Code Reviser's Office