WSR 99-19-113

PERMANENT RULES

PERSONNEL RESOURCES BOARD


[ Filed September 21, 1999, 10:24 a.m. , effective November 1, 1999 ]

Date of Adoption: September 9, 1999.

Purpose: 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.

Citation of Existing Rules Affected by this Order: Amending WAC 356-15-100 and 356-15-110.

Statutory Authority for Adoption: RCW 41.06.150.

Adopted under notice filed as WSR 99-16-103 on August 4, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0. Effective Date of Rule: November 1, 1999.

September 15, 1999

Dennis Karras

Secretary


AMENDATORY SECTION(Amending WSR 90-15-037 (Order 359), filed 7/13/90, effective 8/13/90)

WAC 356-15-100
Call-back for work preceding or following a scheduled workshift.

(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 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.

[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.*]


AMENDATORY SECTION(Amending WSR 96-02-073, filed 1/3/96, effective 2/3/96)

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.

[Statutory Authority: RCW 41.06.150.  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.*]

Washington State Code Reviser's Office