WSR 97-02-072

PROPOSED RULES

PERSONNEL RESOURCES BOARD

[Filed December 31, 1996, 11:29 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 96-19-078.

Title of Rule: WAC 251-14-060.

Purpose: This rule allows for written agreements and what provisions they may contain.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.150.

Summary: This modification is intended to clarify filing of appeals.

Name of Agency Personnel Responsible for Drafting: Sharon Whitehead, 521 Capitol Way South, Olympia, WA, (360) 753-0468; Implementation and Enforcement: Department of Personnel.

Name of Proponent: Department of Personnel, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This revision is necessary to bring Title 251 WAC into compliance with 1993 legislative action and to clarify filing of appeals.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not required.

Hearing Location: Department of Personnel, 521 Capitol Way South, Olympia, WA, on February 13, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Department of Personnel by February 6, 1997, TDD (360) 753-4107, or (360) 586-0509.

Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, FAX (360) 586-4694, by February 10, 1997.

Date of Intended Adoption: February 13, 1997.

December 31, 1996

Dennis Karras

Secretary

AMENDATORY SECTION (Amending WSR 86-09-076 (Order 148), filed 4/22/86, effective 6/1/86)

WAC 251-14-060 Contents of written agreements. (1) Written agreements may contain provisions covering all personnel matters over which the institution related board may lawfully exercise discretion.

(2) Written agreements shall include a grievance procedure for processing individual and group grievances within the bargaining unit and shall provide for mediation by the director or designee and for arbitration by the board. Mediation by the director or designee and arbitration by the board of a grievance dispute shall not apply in those instances where the same complaint has been filed for hearing either through the unfair labor practice or appeal procedures of the ((higher education)) Washington personnel resources board or the personnel appeals board rules.

(3) Written agreements may contain provisions for payroll deduction of employee organization dues and/or union shop representation fees upon written authorization from the employee. Any employee may cancel his/her payroll deduction of employee organization dues by filing a written notice with the appointing authority or designee and the employee organization thirty calendar days prior to the effective date of such cancellation.

(4) Written agreements shall be for a minimum of one year in duration and shall not exceed three years. Automatic renewal or extension provisions may extend the term of a contract for only one year at a time. An automatic renewal or extension provision in a contract cannot act as a bar to a request for an exclusive representative decertification election per WAC 251-14-050(1).

(5) Where there are collective bargaining agreements in effect in bargaining units which are combined per WAC 251-14-030, the board shall determine the application of such bargaining agreements or terms thereof when there is an impasse between the exclusive representative and the institution.

(6) Institutions shall file signed written agreements with the director. Provisions of such agreements shall not prevail if in conflict with the higher education personnel ((board)) rules, the higher education personnel law or other applicable law.

[Statutory Authority: RCW 28B.16.100. 86-09-076 (Order 148), 251-14-060, filed 4/22/86, effective 6/1/86; Order 61, 251-14-060, filed 8/30/77, effective 10/1/77; Order 52, 251-14-060, filed 2/26/76; Order 42, 251-14-060, filed 5/23/75; Order 25, 251-14-060, filed 7/17/73; Order 2, 251-14-060, filed 3/12/70.]

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