8/9/10:
AGREEMENT REACHED TO MITIGATE IMPACTS OF FURLOUGHS; THOSE ON 4/10 AND 9/80 SCHEDULES HAVE AUG. 20 DEADLINE TO REQUEST SCHEDULE CHANGE
The Federation and the state today (Aug. 9) reached agreement on a memorandum of understanding laying out several measures to mitigate the impacts of furloughs, with special provisions so those working 4/10 and 9/80 schedules aren’t dinged for more than eight hours of pay on furlough days.
BUT THOSE WITH 4/10 OR 9/80 SCHEDULES MUST REQUEST A CHANGE TO A FIVE DAY, EIGHT-HOUR SCHEDULE FOR FURLOUGH WEEKS BY AUG. 20. THIS IS TO COVER THE NEXT FURLOUGH DAY ON SEPT. 7.
The agreement came after four days of tough bargaining and one final team strategy meeting Aug. 4. Your special furlough bargaining team held the line to help those with other than the traditional five-day, eight-hour-a-day schedule. And the team insisted on and got language that does nothing to harm the union’s other challenges against the furloughs. The union has filed a lawsuit, unfair labor practice complaint and a grievance over the furloughs.
In fact the agreement states: “Nothing in this agreement will be construed to mean that the union agrees with the employer’s decision to implement temporary layoff days or that the union agrees that this decision complies with the law or the collective bargaining agreement.”
Federation Director of Negotiations Cecil Tibbetts and Shane Esquibel of the state’s Office of Labor Relations signed the 16-point memorandum of understanding today (Aug. 9).
This agreement generally covers those agencies that did not submit an alternative plan for something other than the 10 furlough days specified in the furlough law ESSB 6503. Generally, those agencies with alternative plans are supposed to have agency-specific negotiations. And it goes without saying this agreement affects those who are not exempt from furlough days, in other words, if you’re in a job class in one of the 22 agencies listed below required to take furloughs, this agreement applies to you.
4/10 SCHEDULES
Under agreement, employees represented by the Federation in 20 agencies who work 4/10 schedules can switch to a 5/8 schedule on the week of a furlough, PROVIDED THE EMPLOYEES DECLARE THIS OPTION BY AUG. 20 FOR ALL FURLOUGH DAYS STARTING IN SEPTEMBER. Those 20 agencies are: Early Learning; Health; Utilities and Transportation Commission; Recreation and Conservation Office; Information Services; Labor and Industries; Licensing; Commerce; Veterans Affairs; Health Care Authority; Washington State Patrol; Corrections; General Administration; Workforce Training and Education Coordinating Board; Office of Minority and Women’s Business Enterprises; Human Rights Commission; Criminal Justice Training Commission; Arts Commission; Employment Security; and Ecology.
4/10 SCHEDULES TWO-AGENCY PILOT
Employees in the Department of Fish and Wildlife and the Department of Social and Health Services may switch from a 4/10 schedule to a 5/8 schedule during the week of the next furlough day, Sept. 7 PROVIDED THEY REQUEST THE SCHEDULE CHANGE BY AUG. 20. This is a pilot project in DFW and DSHS. Those agencies will determine the “administrative burden” of the schedule changes and determine the “feasibility” of continuing the changes after the Sept. 7 furlough day.
9/80 SCHEDULES
Employees in all 22 of the agencies covered by the agreement who work a 9/80 schedule will be able to switch to an eight-hour day on a furlough day in September and October, and make arrangements to work the additional hour necessary to meet their schedule. BUT EMPLOYEES WORKING A 9/80 SCHEDULE MUST MAKE A REQUEST IN WRITING FOR THIS SCHEDULE CHANGE BY AUG. 20.
The 9/80 agreement is a two-month pilot. Each agency will evaluate the feasibility of the 9/80 schedule change switch provision by Nov. 1.
OTHER ALTERNATE SCHEDULES
The agreement allows agencies to OK more frequent schedule changes. And employees on alternate work schedules other than 4/10 or 9/80 may request schedule changes under the General Government contract.
ALSO:
- The agreement has important protections for vacation and sick leave accrual, retirement, periodic increment dates, seniority dates and part-time employees. Part-time employees will be able to modify their schedule during a furlough week so their loss of pay is proportionate to the percentage of their position relative to a full-time position.
- The agreement also has a provision on workload. An employee who believes a work deadline or workload demand can’t be met because of a furlough day, he or she can work with their supervisor to make appropriate adjustments. Also, employees shall not be denied the ability to schedule leave solely because of work left undone because of furloughs.
- Employees not scheduled to work on a furlough day will take the work day before or the work day after as the furlough day.
- Overtime exempt employees become overtime eligible during furlough weeks.
- Those earning less than $2,500 a month can use vacation leave or shared leave on furlough days, as outlined in the law.
7/22/10:
MOVEMENT IN FURLOUGH NEGOTIATIONS
Your special furlough bargaining team worked late into the night Thursday on an agreement to mitigate the damage being done by the furlough days.
This was the fourth session and it ended at about 11 p.m. Movement had been made in the previous 10 hours of negotiations, but management wanted more time to review the union’s latest counterproposal.
The team can’t discuss the details of where the negotiations stand. But enough movement has been made to keep both sides at the table. You should also know that this team from General Government agencies has shown an extraordinary sense of solidarity and a commitment to the principal that an injury to one is an injury to all. They’re at the table fighting for the members they represent.
So we’ll keep you updated when we know what happens next.
These negotiations to mitigate the impacts and protect your rights should not be confused with the union’s other three-pronged attack to now get retroactive relief for the furloughs. A judge earlier this month would not grant an immediate halt, but the union’s lawsuit, grievance and unfair labor practice complaint continue. The Public Employment Relations Commission right now is trying to schedule a hearing on the union’s unfair labor practice complaint.
Job actions also continue.
7/15/10:
FURLOUGH NEGOTIATIONS TO ENTER FOURTH DAY
Nothing’s ever easy, especially when you’re fighting the ill-advised state furlough plan. Thursday’s (July 15) negotiations over the impacts of the furloughs ended with management requesting time to review the union’s third counterproposal. A fourth bargaining session will be scheduled. We’ll let you know when that is.
The bargaining is at a delicate point so we don’t want to say too much that would paint anyone into a corner when the goal is to get a fair settlement. But it’s safe to say the union team is fighting for an agreement that, among other things, addresses the inequities faced by those with alternate work schedules. For instance, those who work four 10-hour days lose 10 hours of pay on a furlough day. Those working straight 8-hour days lose two hours less. It’s one of those situations where many members may have moved to a 4-10 or other alternate schedule to help the state meet its commute trip reduction goals to keep cars off the road. Now those employees are getting whipsawed by furloughs.
Your team is also adamant about protecting your rights to seek the best avenue for retroactive justice—the lawsuit, unfair labor practice complaint and grievance filed by the Federation. A judge blocked the union’s motion to immediately freeze the furloughs. So those furloughs will take place – for the time being – as well as the union’s lawsuit. No date has been set for trial.
7/8/10
FURLOUGH NEGOTIATIONS TO CONTINUE; PUSH ON TO CORRECT LIST OF AFFECTED EMPLOYEES IMPROPERLY LEFT OFF EXEMPT LIST
The governor’s office and state negotiators got an earful on furloughs Wednesday.
Nearly 2,000 “No FurloUGHs” petitions were delivered one-by-one and spread across the governor’s office’s newly refinished conference room table. The special furlough bargaining team, joined by the Community College Coalition Bargaining Team, gave the individually signed petitions to the governor’s chief of staff, Jay Manning, during the Wednesday lunch break. They then pelted Manning with questions about the furlough farce that will actually cost $94 million in lost federal matching funds, run up huge overtime costs (just as in Oregon) and make a political statement rather than saving any money.
Meanwhile, the special furlough bargaining team wrapped up its scheduled two days of bargaining on the impacts of the furloughs set to start Monday, July 12. The union demanded the negotiations to effectively mitigate the impact of furloughs on thousands of members—if furloughs could not be blocked quickly.
Wednesday’s talks stretched to 15 hours. There was some movement on such issues as how to deal with those on alternative work schedules who stand to lose more than eight hours of pay on a furlough day.
But both sides could not reach agreement so negotiations will continue on a comprehensive agreement. That will come July 15, after the first furlough day. Management made it clear it was too late for any agreement to take effect July 12. That harsh reality arose July 2 after a Thurston County Superior Court judge rejected the union’s motion for an injunction, and instead sent the Federation legal challenge to a full trial. No date has been set yet.
So the focus now is on affecting the next scheduled furlough day, Aug. 6, and the others that come after that.
The union did not concede that furloughs are OK, even as the July 12 furloughs will go forward. The union’s bargaining, lawsuit, grievance and unfair labor practice complaint may take time to bring justice. But as the judge suggested last week, the state might be forced to reimburse affected employees for any lost wages caused by furloughs if down the line the union prevails in its many efforts.
But tensions ran high Wednesday as an early management proposal struck the union team as an insult to affected members.
So, the negotiations on an overarching memorandum of understanding to mitigate furloughs continue July 15.
The more immediate talks to correct the list that improperly targets for temporary layoffs some employees exempted from furloughs in Health, Corrections and Social and Health Services continue today with special subcommittees still being formed late Wednesday night. The outcome of those negotiations would take effect on the July 12 furlough day.
Job actions and all the other legal and administrative actions continue as well.
Bargaining shifts gears Thursday and Friday as the General Government Bargaining Team returns to the table.
FURLOUGH FIGHT HEATS UP AS WFSE/AFSCME FILES DEMAND TO BARGAIN
The fight over the new furlough law—which could potentially force state employees to take up to 10 unpaid layoff days—kicked into even higher gear May 27 as the Federation filed a formal demand to bargain with the state.
The demand to bargain was filed with Diane Leigh, director of the Office of Labor Relations, the governor’s negotiating office.
In it, Federation Executive Director Greg Devereux said that furloughs are a mandatory subject of bargaining under the contract and the 2002 collective bargaining law.
“The Washington Federation of State Employees, as the exclusive bargaining representative of specific state employees, has not been advised of, nor negotiated over, any and all actions the state intends to take, or has taken, as a result of the passage of ESSB 6503 (the furlough bill). With this letter, the WFSE is invoking the right to demand negotiations on this matter.”
The demand to bargain comes as word continues to leak out that several agencies have already prepared furlough plans without negotiations. Some apparently are being pressured to furlough employees even when they could save money with other compensation-reducing options.
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