Original Notice.

     Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

     Title of Rule and Other Identifying Information: WAC 357-04-045 Which part-time or temporary employees of higher education employers are exempt from civil service rules?

     Hearing Location(s): Department of Personnel, 600 South Franklin, Olympia, WA, on December 7, 2009, at 10:30 a.m.

     Date of Intended Adoption: December 7, 2009.

     Submit Written Comments to: Connie Goff, Department of Personnel, P.O. Box 47500, e-mail connieg@dop.wa.gov, fax (360) 586-4694, by December 1, 2009. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

     Assistance for Persons with Disabilities: Contact department of personnel by December 1, 2009, TTY (360) 753-4107 or (360) 586-8260.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Rule making is being initiated due to a petition filed by Eric Nordlof on behalf of Public School Employees of Washington. The proposed rule change would add language which specifies that an employee would be eligible for bargaining unit status once they have reached the three hundred fifty hour threshold (set forth in WAC 357-04-045) and they remain available for work on the same basis.

     Statutory Authority for Adoption: RCW 41.06.150.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of personnel, governmental.

     Name of Agency Personnel Responsible for Drafting: Kristie Wilson, 521 Capitol Way South, Olympia, WA, (360) 664-6408; 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.

October 14, 2009

Eva N. Santos, Secretary

Personnel Resources Board

OTS-2718.1

AMENDATORY SECTION(Amending WSR 04-15-016, filed 7/8/04, effective 7/1/05)

WAC 357-04-045   Which part-time or temporary employees of higher education employers are exempt from civil service rules?   Persons employed to work one thousand fifty hours or less (((1050 hours or less))) in any twelve consecutive month period from the original date of hire or October 1, 1989, whichever is later, are exempt from civil service rules.

     Employees who are either exempt under this subsection or exceptions authorized under WAC 357-19-440, and who work more than three hundred fifty (((350))) hours in any twelve consecutive month period from the original date of hire or January 1, 2004, whichever is later, and who remain available for work on the same basis, may be included in an appropriate bargaining unit for purposes of collective bargaining, as determined by the public employment relations commission. Overtime and time worked as a student employee under the provisions of WAC 357-04-040 are not counted in the ((three-hundred)) three hundred fifty (((350))) hours.

     Temporary appointment under the provisions of this section may be subject to remedial action in accordance with WAC 357-19-450, if the number of hours worked exceeds one thousand fifty hours (((1050 hours))) in any twelve (((12))) consecutive month period from the original date of hire or October 1, 1989, whichever is later. Overtime and time worked as a student employee under the provisions of WAC 357-04-040 are not counted in the one thousand fifty (((1050))) hours.

[Statutory Authority: Chapter 41.06 RCW. 04-15-016, § 357-04-045, filed 7/8/04, effective 7/1/05.]

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