WSR 05-01-193PERMANENT RULES
DEPARTMENT OF PERSONNEL
[
Filed December 21, 2004,
3:16 p.m.
, effective July 1, 2005
]
Purpose: This chapter of rules establishes civil service
rules that apply to employee business unit members when
employed under a contract.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Adopted under notice filed as WSR 04-13-191
on June 23,
2004.
Changes Other than Editing from Proposed to Adopted Version: WAC 357-43-030, as a result of discussions with
stakeholders, new language was added in this section regarding
executive orders as applicable.
WAC 357-43-040, this section was originally filed as
357-43-115. No other changes.
WAC 357-43-110, this section was originally filed as
357-43-040. As a result of discussions with stakeholders, new
language has been added in this section to address employees
outside of an employee business unit.
WAC 357-43-115, this section was originally filed as
357-43-045. As a result of discussions with stakeholders,
wording change includes changing "reversion" to "return."
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Repealed 0;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Repealed 0;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 20,
Amended 0,
Repealed 0.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Repealed 0.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Repealed 0.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Repealed 0.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Repealed 0;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Repealed 0;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 20,
Amended 0,
Repealed 0.
Date Adopted: July 29, 2004.
E. C. Matt
Director
Chapter 357-43 WACEmployee Business Units
NEW SECTION
WAC 357-43-001
What definitions apply to this chapter of
the civil service rules?
The following definitions apply to
chapter 357-43 WAC: (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) 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) 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) Employee Business Unit Member: A classified employee
working under the provisions of chapter 357-43 WAC.
(7) Employer: A state agency, an institution of higher
education, or a related higher education board.
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NEW SECTION
WAC 357-43-005
What is the purpose of this chapter?
The
purpose of this chapter is to establish the chapter of civil
service rules that apply to employee business unit members
when employed under a contract.
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NEW SECTION
WAC 357-43-010
Do the other rules in Title 357 WAC
governing classified employees apply to employee business unit
members?
Except for chapter 357-43 WAC, the civil service
rules do not apply to employee business unit members unless
specifically referenced within chapter 357-43 WAC.
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NEW SECTION
WAC 357-43-015
Which rules explain employee business
unit bid submittal and bid evaluation?
The rules explaining
employee business unit bid submittals and evaluation of those
bids are included in chapter WAC 236-51, Competitive
Contracting.
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NEW SECTION
WAC 357-43-020
Are employee business unit members
classified employees?
Employee business unit members continue
to be classified employees.
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NEW SECTION
WAC 357-43-025
What establishes the terms and conditions
of employment for employee business unit members?
The terms
and conditions of employee business unit employment are
established by the contract or by appointment actions taken
under that contract.
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NEW SECTION
WAC 357-43-030
Must employment within an employee
business unit comply with applicable federal, state and
municipal statutes and regulations?
Employment within an
employee business unit must comply with applicable federal,
state and municipal statutes and regulations and executive
orders as applicable.
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NEW SECTION
WAC 357-43-035
May authority be delegated within an
employee business unit?
The duties of an appointing authority
may be delegated to an employee business unit member.
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NEW SECTION
WAC 357-43-040
Must employee business unit members
complete employer required training?
Employee business unit
members must complete any training required by the contracting
employer or must satisfy training requirements as prescribed
by the employee business unit contract.
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NEW SECTION
WAC 357-43-050
Must an employer include positions in an
employee business unit in the employer's affirmative action
plan?
Positions in an employee business unit must be included
in the employer's affirmative action plan.
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NEW SECTION
WAC 357-43-055
Can employee business unit members accrue
vacation leave?
Employee business unit members accrue
vacation leave as provided in RCW 43.01.040 through 43.01.044.
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NEW SECTION
WAC 357-43-060
Can employee business unit members accrue
sick leave?
Employee business unit members accrue sick leave
as provided in RCW 41.48.140.
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NEW SECTION
WAC 357-43-065
Can employee business unit members cash
out sick leave?
Employee business unit members may cash out
sick leave as provided in RCW 41.04.340.
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NEW SECTION
WAC 357-43-070
Are employee business unit members
eligible for legal holidays?
Those holidays listed in RCW 1.16.050 are recognized as legal holidays for employee
business unit members. Compensation for such holidays will be
determined by the terms of the contract.
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NEW SECTION
WAC 357-43-075
Are employee business unit members
eligible to receive a personal holiday?
Employee business
unit members are eligible to receive one (1) personal holiday
per year as provided in RCW 1.16.050.
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NEW SECTION
WAC 357-43-080
Are employee business unit members
eligible to participate in the employer's shared leave
program?
Employee business unit members are eligible to
participate in the employer's shared leave program as provided
in RCW 41.04.650 through 41.04.670.
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NEW SECTION
WAC 357-43-085
Are employee business unit members
eligible to receive military leave?
Employee business unit
members are eligible to receive military leave as provided in
RCW 38.40.060.
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NEW SECTION
WAC 357-43-105
When is a general government employee
business unit member eligible for placement in the general
government transition pool?
A general government employee
business unit member is eligible for placement in the general
government transition pool under the provisions of WAC 357-46-095 as follows: (1) Upon layoff of the employee business unit member, or
(2) In the event the contract with the employee business
unit has been terminated or it has expired.
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NEW SECTION
WAC 357-43-110
Can an employee business unit member
accept an appointment in an exempt position or a classified
position outside of the employee business unit?
An employee
business unit member may accept an appointment to an exempt
position or a classified position outside of the employee
business unit. Chapter 357-43 WAC does not apply to appointments to
classified positions outside of a employee business unit.
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NEW SECTION
WAC 357-43-115
What return rights does a former employee
business unit member have following appointment to an exempt
position?
A former employee business member who was appointed
to an exempt position from the employee business unit has
return rights provided in RCW 41.06.070.
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