PROPOSED RULES
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 356-15-100 Call-back for work preceding or following a scheduled workshift and 356-15-110 Call-back for work on scheduled days off or holidays.
Purpose: These new rules pertain to call-back for work preceding or following a scheduled workshift and on scheduled days off or holidays.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Statute Being Implemented: RCW 41.06.150.
Summary: These revisions are to provide for an employee who signs up for voluntary overtime to be considered to have waived his/her right to call-back compensation. The Department of Transportation is proposing these modifications as a result of the adoption of the Department of Corrections proposal.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Sharon Whitehead, Department of Personnel, 521 Capitol Way South, Olympia, WA, (360) 664-6348.
Name of Proponent: Department of Transportation, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: These rules clarify call-back for work preceding or following a scheduled workshift for work on scheduled days off or holidays. These revisions are to provide for an employee who signs up for voluntary overtime to be considered to have waived his/her right to call-back compensation. The Department of Transportation believes the adoption of the rule revisions will reduce the number of times employees are required to work mandatory overtime. Those employees who have signed up for voluntary overtime can be called back to do overtime without the agency incurring additional costs in the form of call-back compensation.
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. These rules relate to internal government operations that are not subject to violation by a nongovernmental party. Therefore, pursuant to RCW 34.05.328 [(5)](b)(ii), section 201 does not apply.
Hearing Location: Department of Personnel, 521 Capitol Way South, Olympia, WA, on February 10, 2000, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Department of Personnel by February 3, 2000, TDD (360) 753-4107 or (360) 664-6280.
Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by February 8, 2000.
Date of Intended Adoption: February 10, 2000.
December 8, 1999
Dennis Karras
Secretary
(1) Scheduled work period employees shall be notified prior to their scheduled quitting time either to return to work after departing the worksite or to change the starting time of their next scheduled workshift.
(a) Lack of such notice for such work shall be considered call-back and shall result in a penalty of three hours of pay at the basic salary in addition to all other compensation due. This penalty shall apply to each call.
(b) The appointing authority may cancel a call-back notification to work extra hours at any time but cancellation shall not waive the penalty cited in this subsection.
(c) These provisions shall not apply to the mid-shift interval in a split shift and an employee called back while in standby status.
(2) Nonscheduled, exceptions, and law enforcement work period employees are not normally paid for call-back. However, if the appointing authority deems it appropriate, those employees may receive compensation, not to exceed the penalty cited above, for call-back.
(((3) In the Department of Corrections institutions
bargaining unit, lack of such notice as provided in subsection
(1) of this section shall not result in a penalty of three hours
of pay at the basic salary when such change in an employee's
start time of their next scheduled workshift is a result of the
employee signing up on a volunteer overtime sheet.))
(3) The provisions of this rule shall not apply in those cases where (a) the employees in a particular work unit have volunteered on an overtime sign up sheet to change the start time of their next scheduled workshift and (b) the exclusive representative, if any, has agreed to the volunteer arrangement.
[Statutory Authority: RCW 41.06.150. 99-19-113, § 356-15-100, filed 9/21/99, effective 11/1/99. Statutory Authority: RCW 41.06.040 and 41.06.150. 90-15-037 (Order 359), § 356-15-100, filed 7/13/90, effective 8/13/90. Statutory Authority: RCW 41.06.150. 86-12-025 (Order 248), § 356-15-100, filed 5/28/86, effective 7/1/86; 86-06-017 (Order 242), § 356-15-100, filed 2/24/86; 84-12-079 (Order 206), § 356-15-100, filed 6/6/84; Order 98, § 356-15-100, filed 1/13/77, effective 2/13/77; Order 86, § 356-15-100, filed 5/4/76, effective 10/1/76.*]
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.
AMENDATORY SECTION(Amending WSR 99-19-113, filed 9/21/99,
effective 11/1/99)
WAC 356-15-110
Call-back for work on scheduled days off or
holidays.
(1) Management may assign employees to work on a day off or holiday. Scheduled and nonscheduled work period employees shall be notified of such assignments at least prior to the employees' normal quitting times on their second work day preceding the day off or holiday (except Sunday when it is within the assigned workshift).
(a) If management does not give such notice, affected employees shall receive a penalty payment of three hours pay at the basic salary in addition to all other compensation due them.
(b) Management may cancel work assigned on a day off or holiday. However, if management does not notify affected employees of such cancellation at least prior to their normal quitting times on their second work day preceding the day off or holiday work assignment, affected employees shall receive a penalty payment of three hours pay at the basic salary.
(2) These provisions shall apply to employees in paid leave status.
(3) These provisions shall not apply to an employee assigned work on a day off or holiday while in standby status or on a contingency schedule as provided in WAC 356-15-090(5).
(((4) Only the provisions provided in subsection (1)(b) of
this section shall apply to employees within the Department of
Corrections institutions bargaining unit when the employee has
volunteered to work such time on an overtime sign-up sheet.))
(4) The provisions of this rule shall not apply in those cases where (a) the employees in a work unit have volunteered on an overtime sign up sheet to work on the scheduled day off or holiday and (b) the exclusive representative, if any, has agreed to the volunteer arrangement.
[Statutory Authority: RCW 41.06.150. 99-19-113, § 356-15-110, filed 9/21/99, effective 11/1/99; 96-02-073, § 356-15-110, filed 1/3/96, effective 2/3/96; 86-12-025 (Order 248), § 356-15-110, filed 5/28/86, effective 7/1/86; 84-12-079 (Order 206), § 356-15-110, filed 6/6/84; Order 98, § 356-15-110, filed 1/13/77, effective 2/13/77; Order 86, § 356-15-110, filed 5/4/76, effective 10/1/76.*]