Title of Rule and Other Identifying Information: Chapter 316-85 WAC, Surveys -- Compensation -- Benefits -- Employment, WAC 316-85-001 Scope -- Contents -- Other rules, 316-85-010
Policy -- Purpose, 316-85-020 ((
Fact finding)) Salary
survey(( s)) -- Content -- Coverage, 316-85-030 (( Fact finding))
Salary survey(( s)) -- Geographic limits, 316-85-040 (( Fact
finding)) Salary survey(( s)) -- Timing, 316-85-050 Washington
state ferry system employee data required, 316-85-060 (( Fact
finding)) Salary survey -- Conduct, 316-85-070 (( Fact-finding))
Preliminary salary survey findings -- (( Hearings)) Public
review, 316-85-080 (( Fact finding)) Salary survey -- Final
report, 316-85-090 Additional (( fact)) salary survey findings,
and 316-85-100 (( Fact finding)) Salary survey
report(( s)) -- Public documents.
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Kathy Marshall, Marine Employees' Commission, P.O. Box 40902, Olympia, WA 98504-0902 , AND RECEIVED BY April 7, 2008.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Due to changes in chapter 47.64 RCW during the 2006 and 2007 legislative session, chapter 316-85 WAC required modifications to reflect those changes in chapter 47.64 RCW.
Reasons Supporting Proposal: In compliance with Executive Order 97-02, these rules were reviewed and required changes made to these rules.
Statutory Authority for Adoption: RCW 34.05.230.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Marine employees' commission, governmental.
Name of Agency Personnel Responsible for Drafting: Kathy J. Marshall, 711 Capitol Way South, Suite 104, (360) 586-6354; Implementation and Enforcement: John R. Swanson, Chairman, 711 Capitol Way South, Suite 104, (360) 586-6354.
February 6, 2008
Kathy J. Marshall
AMENDATORY SECTION(Amending WSR 90-06-046, filed 3/2/90, effective 4/2/90)
WAC 316-85-001 Scope -- Contents -- Other rules. This chapter governs proceedings before the marine employees' commission relating to ((
fact-finding)) a survey(( s)) of
compensation, benefits, and conditions of employment. This
chapter does not contemplate, and does not provide procedures
for, investigation and/or settlement of contested cases
between parties. (( Therefore,)) Hearings held in reaching
conclusions in the (( fact-finding)) salary survey required by
RCW 47.64.220 are not (( deemed)) considered to be adjudicatory
in nature and not governed by RCW 34.05.425 or 34.12.020 or
chapter 10-08 WAC. However, (( insofar as)) where additional
(( fact-finding)) salary survey findings may be requested by
parties involved in dispute or impasse in accordance with RCW 47.64.220, the provisions of this chapter should be read (( in
conjunction)) together with the provisions of:
(1) Chapter 316-02 WAC, which ((
contains)) lists rules of
practice and procedure applicable to all types of proceedings
before the marine employees' commission;
(2) Chapter 316-45 WAC, which ((
contains)) lists rules
relating to proceedings on complaints charging unfair labor
practices in the Washington state ferry system;
(3) Chapter 316-55 WAC, which ((
contains)) lists rules
relating to the resolution of impasses occurring in ferry
system collective bargaining; and
(4) Chapter 316-65 WAC, which ((
contains)) lists rules
relating to arbitration of grievance disputes arising out of
the interpretation or application of a collective bargaining
agreement in the Washington state ferry system.
[Statutory Authority: RCW 47.64.280. 90-06-046, § 316-85-001, filed 3/2/90, effective 4/2/90.]
[Statutory Authority: RCW 47.64.280. 90-06-046, § 316-85-010, filed 3/2/90, effective 4/2/90.]
In determining the scope of the survey and in selecting
the ferry systems or other employers to be included in the
survey, the commission shall consider the size, tonnage, and
horsepower of the vessels operated by the Washington state
ferry system and by the employers to be included in the
survey. The commission shall not include those
classifications of employees exempted ((
pursuant to)) as
outlined in RCW 41.06.079.
Except as provided in the following subsection of this
section, salary and employee benefit information collected
from private employers that identifies a specific employer
with the salary and employee benefit rates which that employer
pays to its employees is not subject to public disclosure
under chapter ((
42.17)) 42.56 RCW.
A person or entity, having reason to believe that the
salary survey results are inaccurate, may submit a petition to
the state auditor requesting an audit of the data ((
which the salary survey results are based. The state auditor
shall review and analyze all data collected for the salary
survey, including proprietary information, but is prohibited
from disclosing the salary survey data to any other person or
entity, except by court order.
[Statutory Authority: RCW 34.05.230. 01-01-124, § 316-85-020, filed 12/19/00, effective 1/19/01. Statutory Authority: RCW 47.64.280. 90-06-046, § 316-85-020, filed 3/2/90, effective 4/2/90.]
[Statutory Authority: RCW 47.64.280. 90-06-046, § 316-85-030, filed 3/2/90, effective 4/2/90.]
(2) No later than ((
the following)) October 1 of each
odd-numbered year, the department and the ferry employee
organizations shall each inform the commission of any
particular personnel positions or classifications which may be
expected to receive extraordinary attention during the next
renewal of agreements.
[Statutory Authority: RCW 47.64.280. 90-06-046, § 316-85-040, filed 3/2/90, effective 4/2/90.]
(1) A complete and current set of specifications for each
position classification occupied by ferry employees except
those exempted ((
pursuant to)) as outlined in RCW 41.06.079. Each classification specification shall include as a minimum:
(a) Classification title;
(b) General definition;
(c) Typical duties and responsibilities;
(d) Special or extraordinary but recurring conditions of employment, if any;
(e) Direction/supervision received;
(i) Degree of closeness and frequency;
(ii) Source of direction/supervision;
(f) Direction/supervision exercised;
(i) Over which classifications;
(ii) Number(s) of personnel;
(g) Minimum requirements for initial appointment;
(i) Licensure or certificate;
(iii) Work experience;
(h) Additional desirable qualifications, knowledge abilities;
(2) Wages/salaries currently paid to personnel described in foregoing specifications for regular hours worked;
(3) Current premium pay;
(b) Other irregular hours;
(4) Employee benefits currently paid or furnished by the
department and, where appropriate, the proportion paid by the
employee by payroll deduction or by reduction of compensation
pursuant to)) as outlined in RCW 47.64.270.
[Statutory Authority: RCW 47.64.280. 90-06-046, § 316-85-050, filed 3/2/90, effective 4/2/90.]
(2) In conducting its survey and in analyzing its data,
the commission shall consider factors ((
peculiar)) unique to
the areas from which the data were accumulated (( pursuant to))
as outlined in RCW 47.64.220 (( and 47.64.240 (9)(b))) and WAC 316-85-020, including but not limited to:
(a) Comparison of rates of monetary exchange;
(b) Differential costs of living in each area compared with the Seattle cost of living index, and employer compensation therefor, if any;
(c) The cost effect of universal health care coverage provided by British Columbia or a state, if any, as compared with the fee for service and/or health maintenance organization health care coverage provided by the state of Washington.
(3) The commission shall not include in its survey any employer who is involved in a strike or lockout or whose wage-benefit package is indeterminate for any other known reason.
No later than December 15)) At the December public
commission meeting, the commission shall compile a preliminary
draft of findings regarding wages, employee benefits, and
other compensation being paid to other employees as compared
with wages, employee benefits, and other compensation being
paid by the Washington state ferry system. The preliminary
draft of findings shall be distributed to the department and
to the ferry employee organizations.
[Statutory Authority: RCW 47.64.280. 90-06-046, § 316-85-060, filed 3/2/90, effective 4/2/90.]
(2) The commission shall immediately ((
investigate and/or reanalyze all comments and questions raised
by the department or ferry employee organizations. If
necessary to resolve doubts raised about validity, the
commission shall perform (( such)) additional field or desk
audits as may be necessary and feasible.
[Statutory Authority: RCW 47.64.280. 90-06-046, § 316-85-070, filed 3/2/90, effective 4/2/90.]
The final report shall be published and distributed to all parties within one month of approval of the final salary survey report.
[Statutory Authority: RCW 47.64.280. 90-06-046, § 316-85-080, filed 3/2/90, effective 4/2/90.]
[Statutory Authority: RCW 47.64.280. 90-06-046, § 316-85-090, filed 3/2/90, effective 4/2/90.]
[Statutory Authority: RCW 47.64.280. 90-06-046, § 316-85-100, filed 3/2/90, effective 4/2/90.]