PROPOSED RULES
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule and Other Identifying Information: New sections WAC 357-43-001 What definitions apply to this chapter of the civil service rules?, 357-43-005 What is the purpose of this chapter?, 357-43-010 Do the other rules in Title 357 WAC governing classified employees apply to employee business unit members?, 357-43-015 Which rules explain employee business unit bid submittal and bid evaluation?, 357-43-020 Are employee business unit members classified employees?, 357-43-025 What establishes the terms and conditions of employment for employee business unit members?, 357-43-030 Must employment within an employee business unit comply with applicable federal, state and municipal statutes and regulations?, 357-43-035 May authority be delegated within an employee business unit?, 357-43-040 Can an employee business unit member accept an appointment in an exempt position?, 357-43-045 What reversion rights does a former employee business unit member have following appointment to an exempt position?, 357-43-050 Must an employer include positions in an employee business unit in the employer's affirmative action plan?, 357-43-055 Can employee business unit members accrue vacation leave?, 357-43-060 Can employee business unit members accrue sick leave?, 357-43-065 Can employee business unit members cash out sick leave?, 357-43-070 Are employee business unit members eligible for legal holidays?, 357-43-075 Are employee business unit members eligible to receive a personal holiday?, 357-43-080 Are employee business unit members eligible to participate in the employer's shared leave program?, 357-43-085 Are employee business unit members eligible to receive military leave?, 357-43-090 Are displaced employees subject to layoff during the competitive contracting process?, 357-43-095 Must an employee business unit have a layoff procedure?, 357-43-100 What layoff rights must be included in the employee business unit's layoff procedure?, 357-43-105 When is a general government employee business unit member eligible for placement in the general government transition pool?, 357-43-110 When can an employer reemploy employee business unit members?, and 357-43-115 Must employee business unit members complete employer required training?
Hearing Location(s): Department of Personnel, 521 Capitol Way South, Olympia, WA, on July 29, 2004, at 10:00 a.m.
Date of Intended Adoption: July 29, 2004.
Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT," fax (360) 586-4694, by July 23, 2004.
Assistance for Persons with Disabilities: Contact Department of Personnel by July 23, 2004, TTY (360) 753-4107 or (360) 586-8260.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal establishes civil service rules that apply to employee business unit members when employed under a contract.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Statute Being Implemented: RCW 41.06.150.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Due to the passage of SHB 1268 the director of the Department of Personnel has rule-making authority regarding employee business units. The proposed rules implement this provision of the Personnel System Reform Act.
Name of Proponent: Department of Personnel, governmental.
Name of Agency Personnel Responsible for Drafting: Sharon Whitehead, 521 Capitol Way South, Olympia, WA, (360) 664-6348; Implementation and Enforcement: Department of Personnel.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.
A cost-benefit analysis is not required under RCW 34.05.328.
June 23, 2004
E. C. Matt
Director
(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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(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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(1) The employee business unit member is laid off, or
(2) In the event the contract with the employee business unit has been terminated or it has expired.
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