WSR 09-17-065

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed August 13, 2009, 10:15 a.m. , effective September 16, 2009 ]


Effective Date of Rule: September 16, 2009.

Purpose: SHB 2049 passed during the 2009 legislative session. This bill adds language to RCW 41.06.170 that says if a vacant position is being exempted the exclusive bargaining unit representative may act in lieu of an employee for the purpose of appeal.

Citation of Existing Rules Affected by this Order: New section WAC 357-04-027; and amending WAC 357-52-010.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 09-14-126 on July 1, 2009.

Changes Other than Editing from Proposed to Adopted Version: Updated this WAC to include the corrected RCW number, RCW 41.06.170(3).

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

Date Adopted: August 13, 2009.

Eva N. Santos

Director

OTS-2486.2


NEW SECTION
WAC 357-04-027   What rights does an exclusive bargaining unit representative have when a vacant bargaining unit position is exempted from the civil service rules?   As provided in RCW 41.06.170(3), the exclusive bargaining unit representative for a vacant position that has been exempted from chapter 41.06 RCW may appeal the exemption of the position in accordance with chapter 357-52 WAC.

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OTS-2464.1


AMENDATORY SECTION(Amending WSR 06-03-072, filed 1/12/06, effective 2/13/06)

WAC 357-52-010   What actions may be appealed?   (1) Within WGS, the following actions may be appealed:

(a) Any permanent WGS employee subject to the statutory jurisdiction of the board who is dismissed, suspended, demoted, or separated or whose base salary is reduced may appeal to the board.

(b) Any employee, subject to the statutory jurisdiction of the board who adversely is affected by a violation of the state civil service law (chapter 41.06 RCW) or the rules contained in TITLE 357 WAC, or an employer, may appeal to the board as follows:

(i) For a violation of state civil service law or rules relating to a layoff action, excluding removal from a layoff list, the employee may appeal directly to the board.

(ii) For a violation of state civil service law or rules relating to any other subject, including removal from a layoff list, the employee or employer may appeal to the board by filing written exceptions to the director's review determination, except as provided in WAC 357-49-010(1).

(c) Through December 31, 2005, an employee in a position at the time of its allocation or reallocation or the employer may appeal to the personnel appeals board by filing written exceptions to the director's review determination in accordance with TITLE 358 WAC. As of January 1, 2006, an employee in a position at the time of its allocation or reallocation or the employer may appeal to the personnel resources board by filing written exceptions to the director's review determination.

(d) An employee whose position has been exempted from chapter 41.06 RCW or the exclusive bargaining unit representative for a vacant position that has been exempted from chapter 41.06 RCW may appeal the exemption to the board.

(e) An individual or the employer may appeal remedial action to the board by filing written exceptions to the director's review determination.

(2) Within WMS, the following actions may be appealed:

(a) Any permanent Washington management service employee who is dismissed, suspended, demoted, laid off, or separated, or whose base salary is reduced may appeal to the board. A determination of which Washington management service positions will be eliminated in a layoff action is not subject to appeal.

(b) An employee whose position has been exempted from chapter 41.06 RCW may appeal the exemption to the board.

[Statutory Authority: Chapter 41.06 RCW. 06-03-072, 357-52-010, filed 1/12/06, effective 2/13/06; 05-19-011, 357-52-010, filed 9/8/05, effective 10/10/05; 05-01-190, 357-52-010, filed 12/21/04, effective 7/1/05.]

Washington State Code Reviser's Office