Original Notice.

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

     Title of Rule and Other Identifying Information: WAC 357-43-001 What definitions apply to this chapter of the civil service rules?, 357-43-003 Can EBU members choose which civil service rules will apply to them?, 357-43-007 What provisions apply when an employee's position is eliminated because of the employer has awarded a contract through the competitive contracting process?, 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?, 357-43-115 What return rights does a former employee business unit member have following appointment to an exempt position?, 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?, 357-46-020 What must be included in the employer's layoff procedure?, 357-58-065 Definitions for WMS, 357-43-010 Do the other rules in TITLE 357 WAC governing classified employees apply to employee business unit members?, 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?, 357-43-095 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?, and 357-43-120 Can EBU members receive financial incentives for any cost savings that result from completing performance requirements for less cost or better efficiency than what was anticipated in the agreement with the EBU?

     Hearing Location(s): Department of Personnel, 2828 Capitol Boulevard, Tumwater, WA, on May 10, 2007, at 8:30 a.m.

     Date of Intended Adoption: May 10, 2007.

     Submit Written Comments to: Connie Goff, Department of Personnel, P.O. Box 47500, e-mail connieg@dop.wa.gov, fax (360) 586-4694, by May 4, 2007. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

     Assistance for Persons with Disabilities: Contact department of personnel by May 4, 2007, TTY (360) 753-4107 or (360) 586-8260.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These changes clean up the employee business unit rules.

     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: The department of personnel staff worked closely with stakeholders on these changes.

     Name of Proponent: Department of personnel, governmental.

     Name of Agency Personnel Responsible for Drafting: Connie Goff, 521 Capitol Way South, Olympia, WA, (360) 664-6250; 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.

March 27, 2007

Eva N. Santos

Director

     (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))) (2) 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))) (3) 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))) (4) Employee business unit member: A classified employee working under the provisions of chapter 357-43 WAC.

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

[Statutory Authority: Chapter 41.06 RCW. 05-01-193, § 357-43-001, filed 12/21/04, effective 7/1/05.]

[]

[Statutory Authority: Chapter 41.06 RCW. 05-01-185, § 357-43-007, filed 12/21/04, effective 7/1/05.]

     (1) If the ((displaced)) employee chooses to ((be removed)) not be a part of the employee business unit before the employer's ((notifies the employee business unit)) notification 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)) not be a part of the employee business unit after the employer's ((notifies the employee business unit)) notification 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.

[Statutory Authority: Chapter 41.06 RCW. 05-19-003, § 357-43-008, filed 9/8/05, effective 10/10/05.]

[Statutory Authority: Chapter 41.06 RCW. 05-01-193, § 357-43-115, filed 12/21/04, effective 7/1/05.]

     (2) ((Displaced employees as defined by WAC 357-43-001)) Employees whose positions are being eliminated who are not part of the employee business unit awarded the contract 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 an ((displaced)) employee chooses to ((be removed from an)) not be a part of the 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.))

[Statutory Authority: Chapter 41.06 RCW. 05-19-004, § 357-46-012, filed 9/8/05, effective 10/10/05.]

     (1) Identify clearly defined layoff unit(s) that minimize disruption of the employer's total operation and provide options to employees scheduled for layoff;

•	Employers may establish separate and exclusive layoff units for project employment, employee business units, or special employment programs.

     (2) Provide opportunities to avoid or minimize layoff, such as transfers, voluntary demotion, voluntary reduced work schedule, or voluntary leave without pay;

     (3) Require the appointing authority to provide written notice of layoff to employees in accordance with WAC 357-46-025;

     (4) Provide layoff options for permanent employees being laid off as provided in WAC 357-46-035;

     (5) Address the time frame in which employees must select a layoff option;

     (6) Define what the employer considers when determining the comparability of a position;

     (7) Identify the employer's legitimate business requirements if the employer is going to consider those requirements in determining layoff options under WAC 357-46-035;

•	Legitimate business requirements may include requirements such as circumstances or characteristics that render a position uniquely sensitive to disruption in continuity such as meeting critical deadlines, continuity in patient care, or research progress.

     (8) Describe how employment retention ratings will be calculated, including options for factoring performance into ratings; and

     (9) Specify how the employer will break ties when more than one employee has the same employment retention rating.

[Statutory Authority: Chapter 41.06 RCW. 04-18-114, § 357-46-020, filed 9/1/04, effective 7/1/05.]

     (1) Competencies. Those measurable or observable knowledge, skills, abilities, and behaviors critical to success in a key job role or function.

     (2) Dismissal. The termination of an individual's employment for disciplinary purposes.

     (3) Employee. An individual working in the classified service. Employee business unit members are ((covered by chapter 357-43 WAC and)) defined in WAC 357-43-001.

     (4) Evaluation points. Evaluation points are the points resulting from an evaluation of a position using the managerial job value assessment chart.

     (5) Layoff unit. A clearly identified structure within an employer's organization within which layoff options are determined in accordance with the employer's layoff procedure. Layoff units may be a series of progressively larger units within an employer's organization.

     (6) Management bands. Management bands are a series of management levels included in the Washington management service. Placement in a band reflects the nature of management, decision-making environment and policy impact, and scope of management accountability and control assigned to the position.

     (7) Performance management confirmation. Approval granted by the director of the department of personnel to an employer allowing the employer to link individual employee performance to compensation or layoff decisions.

     (8) Premium. Pay added to an employee's base salary on a contingent basis in recognition of special requirements, conditions, or circumstances associated with the job.

     (9) Reassignment. A reassignment is an employer initiated movement of:

     (a) a WMS employee from one position to a different position within WMS with the same salary standard and/or evaluation points; or

     (b) a WMS position and its incumbent from one section, department, or geographical location to another section, department, or geographical location.

     (10) Review period. The review period is a period of time that allows the employer an opportunity to ensure the WMS employee meets the requirements and performance standards of the position.

     (11) Salary standard. Within a management band a salary standard is the maximum dollar amount assigned to a position in those agencies that use a salary standard in addition to, or in place of, evaluation points.

     (12) Separation. Separation from state employment for nondisciplinary purposes.

     (13) Suspension. An absence without pay for disciplinary purposes.

     (14) Transfer. A WMS transfer is an employee initiated movement from one position to a different position with the same salary standard and/or same evaluation points.

     (15) Washington general service (WGS). Washington general service is the system of personnel administration that applies to classified employees or positions under the jurisdiction of chapter 41.06 RCW which do not meet the definition of manager found in RCW 41.06.022.

     (16) Washington management service (WMS). Washington management service is the system of personnel administration that applies to classified managerial employees or positions under the jurisdiction of RCW 41.06.022 (([and])) and 41.06.500.

[Statutory Authority: Chapter 41.06 RCW. 05-21-060, § 357-58-065, filed 10/13/05, effective 11/15/05; 05-12-068, § 357-58-065, filed 5/27/05, effective 7/1/05.]

     The following sections of the Washington Administrative Code is repealed:

WAC 357-43-010	Do the other rules in TITLE 357 WAC governing classified employees apply to employee business unit members?
WAC 357-43-055	Can employee business unit members accrue vacation leave?
WAC 357-43-060	Can employee business unit members accrue sick leave?
WAC 357-43-065	Can employee business unit members cash out sick leave?
WAC 357-43-070	Are employee business unit members eligible for legal holidays?
WAC 357-43-075	Are employee business unit members eligible to receive a personal holiday?
WAC 357-43-080	Are employee business unit members eligible to participate in the employer's shared leave program?
WAC 357-43-085	Are employee business unit members eligible to receive military leave?
WAC 357-43-095	Must an employee business unit have a layoff procedure?
WAC 357-43-100	What layoff rights must be included in the employee business unit's layoff procedure?
WAC 357-43-105	When is a general government employee business unit member eligible for placement in the general government transition pool?
WAC 357-43-120	Can EBU members receive financial incentives for any cost savings that result from completing performance requirements for less cost or better efficiency than what was anticipated in the agreement with the EBU?

© Washington State Code Reviser's Office