WSR 05-19-004

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed September 8, 2005, 4:00 p.m. , effective October 10, 2005 ]


Purpose: These rules address the reasons for layoff and how a state employer will layoff a displaced employee following the award of a contract under the competitive contracting process.

Citation of Existing Rules Affected by this Order: Amending WAC 357-46-010.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 05-16-039 on July 27, 2005.

Changes Other than Editing from Proposed to Adopted Version: In WAC 357-46-012, a sentence was added to subsection (3) which states that EBU members' layoff rights will be determined by the employee business unit's layoff procedure as provided in WAC 357-43-100.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 2, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 2, Amended 1, Repealed 0.

Date Adopted: September 8, 2005.

Eva N. Santos

Director


AMENDATORY SECTION(Amending WSR 04-18-114, filed 9/1/04, effective 7/1/05)

WAC 357-46-010   What are the reasons for layoff?   (1) Employees may be laid off without prejudice according to layoff procedures that are consistent with these rules. The reasons for layoff include, but are not limited to, the following:

(a) Lack of funds;

(b) Lack of work; or

(c) Organizational change.

(2) Examples of layoff actions due to lack of work may include, but are not limited to:

(a) Termination of a project or special employment;

(b) Availability of fewer positions than there are employees entitled to such positions;

(c) Employee's ineligibility to continue in a position following its reallocation to a class with a higher salary range maximum; or

(d) Employee's ineligibility to continue, or choice not to continue, in a position following its reallocation to a class with a lower salary range maximum.

(e) Elimination of a position due to the work of the position being competitively contracted.

[Statutory Authority: Chapter 41.06 RCW. 04-18-114, 357-46-010, filed 9/1/04, effective 7/1/05.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
NEW SECTION
WAC 357-46-012   Following the award of a contract under the competitive contracting process, how does an employer layoff displaced employees as defined by WAC 357-43-001?   (1) If an employee business unit as defined by WAC 357-43-001 is not awarded the contract, all displaced employees as defined by WAC 357-43-001 are subject to the employer's layoff procedure when the positions are eliminated or reduced.

(2) Displaced employees as defined by WAC 357-43-001 who are not part of the employee business unit awarded the contracted are subject to the employer's layoff procedure when the employees' positions are eliminated or reduced (See WAC 357-43-008 for what happens if a displaced employee chooses to be removed from an employee business unit.)

(3) Displaced employees as defined by WAC 357-43-001 who are part of the employee business unit awarded the contract become an employee business unit member on the effective date of the contract. The layoff rights of employee business unit members are determined by the employee business unit's layoff procedure as provided in WAC 357-43-100. Employee business unit members do not have layoff rights under chapter 357-46 WAC.

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office