WSR 18-06-069
[Filed March 5, 2018, 3:08 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-02-081.
Title of Rule and Other Identifying Information: WAC 132E-130-030 Seniority.
Hearing Location(s): On May 15, 2018, at 5:00 p.m., at Everett Community College, Jackson Senate Room, 2000 Tower Street, Everett, WA 98201.
Date of Intended Adoption: June 18, 2018.
Submit Written Comments to: Stephen Smith, Interim Executive Director of Human Resources, 2000 Tower Street, email, 425-259-8933, by May 14, 2018.
Assistance for Persons with Disabilities: Contact Stephen Smith, interim executive director of human resources, phone 425-259-8933, email, by May 15, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Clarify a conflict between the existing faculty union collective bargaining agreement process for seniority, and the existing WAC. The revised WAC references the collective bargaining agreement, so if there are changes, readers will be directed to the most current language.
Reasons Supporting Proposal: Clarity is necessary for effective implementation.
Statutory Authority for Adoption: RCW 28B.50.140.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Stephen Smith, interim executive director of human resources, governmental.
Name of Agency Personnel Responsible for Drafting: Jennifer Howard, Everett Community College, 2000 Tower Street, Everett, WA 98201, 425-388-9232; Implementation and Enforcement: Stephen Smith, Everett Community College, 2000 Tower Street, Everett, WA 98201, 425-259-8933.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. No cost impacts.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.
March 5, 2018
Jennifer L. Howard
Vice President
Administrative Services
AMENDATORY SECTION (Amending WSR 82-18-068, filed 9/1/82)
WAC 132E-130-030 Seniority.
Seniority shall be determined by establishing the beginning date ((of the signing)) of the first full-time contract for continuous full-time professional services for Community College District V and continuous professional services for the Everett school district prior to July 1967. Continuous service shall include leaves of absence, professional leaves, and periods of layoffs. The longest term of employment as thus established shall be considered the highest level of seniority. In instances where faculty members have the same contract beginning date of full-time professional service, seniority shall be determined ((in the following order:
(1) First date of signature of an employment contract.
(2) First date of signature of letter of intent.
(3) First date of application for employment)) as described in the collective bargaining agreement.