Hot Issues

UNION ELECTION RESULTS

Date: Fri, 8 Jun 2007
From: Steve Bell , WAFWP President
Subject: Union election results

As you may be aware, WAFWP was approached by several work groups recently requesting representation. Some were unrepresented by any union and two groups in WPEA (PRO-S Chapter and BioData Systems) requested a change in representation. WAFWP submitted three petitions to represent these groups.

1). One petition was to accrete the unrepresented work groups which included all Env. Engineers 1-4, all Natural Resource Technicians and Sci Techs 1-4 in the wildlife areas, COEES specialists 1-4 and COEES educ sec. in Fish and Wildlife Programs, Inland/Steelhead ST 1-4 and Regional ST C/S in Fish program.

2). A second petition was a change in representation from WPEA/PRO-S to WAFWP.

3). A third petition was a change in representation from WPEA BioData Systems to WAFWP.

The unrepresented employees submitted more than 51% showing of interest cards for their respective work groups. Earlier today PERC did a cross-check of the names and eligibility and ruled that these unrepresented employee's will be represented by WAFWP. This decision should be certified in 7 days at which point they will be in the union.

This morning PERC tallied the ballot count for the WPEA/PRO-S Chapter's request to change unions. This is how they voted:

89 WAFWP
40 WPEA
6 WDFWEA
2 No Representation
1 ballot was invalid

The vote will be certified by PERC on the 18th. Barring any successful legal challenges the PRO-S members will now be represented by WAFWP.

On May 30 the BioData Systems vote was tallied and declared "inconclusive" by PERC because no union recieved 51% of the ballots returned. WAFWP received 4 votes and the other choices received 2 votes each. There will be a rerun election for this work group with ballots counted on June 22.

Congratulations and welcome to all our new members!

Steve Bell
WAFWP President
 

FLEXTIME AND FLEX SCHEDULE GRIEVANCE RESOLVED

On March 7, 2007 Larry Peck sent an email rescinding Policy 4015 – Adopting Flexible Work Hours. The Collective Bargaining Agreement (CBA) requires WDFW to notify WAFWP of any change in policy that is a mandatory subject of bargaining. Many members were confused about the difference between flextime and flex hours. Flextime is the ability to occasionally work more or less hours in a day for a total of 40 hours in a week. Flex hours is the ability to change one’s schedule over a long period of time such as 4 ten hour days. The CBA refers to this as “alternative schedules”.

The grievance meeting clarified several points of concern. Flextime was not affected when Policy 4015 was rescinded. Flex hours (aka alternative schedules) was recognized as being preserved in Article 7 of WAFWP’s CBA.

In addition to this clarification we also confirmed that it is acceptable to flex for personal reasons on occasion provided it does not have a negative impact on the agency. Attached is a copy of the letter of understanding.
 

EXCHANGE TIME ACCRUAL PROCESS STREAMLINED FOR WAFWP MEMBERS

As part of the Unfair Labor Practices and Exchange Time grievance settlement the state agreed to immediately implement an MOU that included language that WAFWP bargained into the 2007-2009 Collective Bargaining Agreement.  The MOU states that our overtime-exempt members “will” receive exchange time for hours worked in excess of 40.  Other unions and unrepresented employees still have to get approval, or in the case WPEA work 45 hours before qualifying.  For our members this is largely an exchange time recording form.  A copy of this MOU is available online at http://www.olympiaonline.com/wapb/pdf_files/WAFWP_MOU.pdf

While the MOU resolved the Exchange Time grievance, implementing the agreement proved problematic because the paperwork and approval process was too cumbersome.  WDFW and WAFWP worked cooperatively through the Labor/Management Communication Committee to identify the problems for employees, needs of the agency and together we streamlined the process.  This solution included a revised form that is congruent with the new contract and the ability to submit it electronically to reduce delays.

The new accrual approval form includes a box for “coalition exception” which recognizes that WAFWP members cannot be denied bona fide exchange time worked in excess of 40 hours.  Management has agreed to approve exchange time within 15 days.

Management has requested that members make an effort to seek pre-approval whenever possible.  Management may opt to deny request or ask members to flex their schedule instead, but if the work must occur and the schedule cannot be flexed, then the exchange time cannot be denied.

WAFWP also made a commitment to the state that we would remind our members that it is not appropriate to nickel and dime a few minutes here or there to accumulate time.   As professionals it is not appropriate to claim exchange time to catch up on work caused by delays due to excessive social interactions or other non-agency needs.

2007 Exchange Approval Form

TO: Washington Association of Fish and Wildlife Professionals

FROM: Steve Bell, WAFWP President

DATE: 26 June 2006

Health Care Settlement

Greetings all union members,

This is being sent to you BCC.  I am pleased to announce that our class action grievance on the health care cost has been resolved in our favor.  On July 19, 2006 WAFWP along with all of our union colleagues at the Health Care Negotiation Table filed a multi-union class action grievance on behalf of all our members.  The short version of the grievance is that the State had applied an incorrect amount towards represented employee's health care insurance costs.  The grievance was resolved in our favor.  Below is a summary from our legal counsel on what this means to you.

Thank you,

Steve Bell

WAFWP President

HEALTH CARE SETTLEMENT

            The Coalition of all State employee unions reached a multi-faceted agreement with the State regarding health care benefits for next biennium’s contract.  The package settlement not only resolves the premium contributions for the State for the next contract term, but also settles the current grievance based upon the State’s failure to fully contribute $744.00 per month for represented employees towards your health insurance benefits.  The terms of the settlement are as follows:

 1.        The State will make a one time (taxable) payment of $756.00 on July 1, 2007 to each employee who is insurance eligible on June, 2007.

 2.        The State will roll the 1.6% cost of living increase which was effective July 1, 2006 into your base rate for the next biennium.  This 1.6% will be the floor from which we bargain the cost of living adjustments for the next biennium.

3.         The State will make an insurance contribution of 88% of the aggregate insurance premium rates.  This money will be pooled and your anticipated premium contributions for the next contract term (which may fluctuate based on usage and inflation) will be:

 The rates for the other plans will be similarly increased.  This agreement maintains the current status quo of an 88/12 split for health care costs.

Now that we have a known budget number for health care costs, we anticipate aggressively pursuing economic bargaining from this point forward.

Update On Grievances

TO: Washington Association of Fish and Wildlife Professionals

FROM: Steve Bell, WAFWP President

DATE: 16 June 2006

Exchange Time Arbitration

16 June 2006

Dear WAFWP Member,

This update is being sent BC to members regarding the State's successful (but temporary) derailment of the Oil Spill Teams arbitration. 

Imagine ordering a medium rare steak at a restaurant.  The waiter smiles and says "one medium rare steak coming right up".  Then, after waiting more than an hour, the  waiter brings you a cold dry burnt hamburger and has the nerve to say "enjoy your steak" with a smirk.  This should give you some flavor of today's distasteful meeting with the State Attorney General's Office.

WAFWP attorney's Rhonda Fenrich and Becky Gallagher worked late into the evening yesterday, and started again early this morning, going back-and-forth with the AGs office trying to hammer out an eleventh hour deal.  Finally, this morning around 10:00 (an hour after Arbitration was suppose to begin) the AG agreed to a proposed settlement that the Oil Spill Team found acceptable.

The verbal settlement we accepted included full payment of all lost standby pay retroactive to July 1 and, in the spirit of compromise, it was agreed Oil Spill Team members would receive exchange time retroactive to July 1 instead of over-time and we would withdraw the Oil Spill Team grievance.

HOWEVER, the subsequent  written settlement agreement the AG wanted us to sign would have given the Oil Spill Team $7,500 to split between them (approximately $3,000 less than the actual lost standby pay) and we would withdraw all "related grievances" including the Exchange Time grievance, Demand-to-Bargain grievance and the associated Unfair Labor Practices.

It was unbelievable...UNBELIEVABLE!!!  Did they think we would sign it without reading it?  To say we were insulted is putting it politely. 

It is only with the greatest restraint that I resist putting my full fury and rage into print.

Our attorneys politely reminded the nice AG that the purpose of today's Arbitration was to resolve the Oil Spill Team grievance and  only the Oil Spill Team grievance.  The other grievances (Exchange Time, Demand-to-Bargain) and the ULP were not part of this arbitration.  Not only were the other grievances not on the table, they were never brought up as a subject of discussion until they were snuck into the written settlement language.

And then the nice AG wasn't so nice.  But by then (1:00) the arbitrator and all our witnesses had been released.  Now we will have to reschedule another hearing with the arbitrator and re-subpoena our witnesses.  I have been disappointed by the State before but never to this degree.  We will fight on.  If anything, today's gross insult has renewed my energy and desire to see the grievance process through to its full conclusion.

I do want take this opportunity to express my sincere appreciate for all the time, hard work and dedication of our legal team, witnesses and job reps and grievance committee members.  Thank you.

Illegitimis nil carborundum!

Steve Bell

WAFWP President 

Update On Grievances

TO: Washington Association of Fish and Wildlife Professionals

FROM: Steve Bell, WAFWP President

DATE: 21 May 2006

Exchange Time Arbitration

21 May 2006

Dear Union Members:

The executive board met with Larry Peck, Penny Cusick and Cindy Lerch at our last board meeting in the hope of hammering out a last minute settlement. After our meeting the board voted unanimously to file for arbitration. The arbitration process is every bit as glacial as the grievance process we have followed to date. Again, great patience is required.   It will take time to select an arbitrator through a 3rd party (as mandated in the contract).  A date will be set (probably none too soon).  The Arbitrator takes several days to provide a written decision.  In the interim we will try to continue to work with WDFW to improve the predictability, efficiency and consistency of the current exchange time process.

Thank you,

Steve Bell WAFWP President

Current Exchange Time Arbitration Forms (PDF)

Update On Grievances

TO: Washington Association of Fish and Wildlife Professionals

From: Steve Bell, WAFWP President

Sent: Tuesday, January 03, 2006 20:08

Subject: Update January 3, 2006

UNFAIR LABOR PRACTICE FILED

We have filed a complaint with the Public Employment Relations Commission (PERC) against WDFW charging an Unfair Labor Practice (ULP) .  The ULP charges WDFW with (1) a unilateral change in a mandatory subject of bargaining in regards to his memo changing our work hours from 8-5 M-F (2) a unilateral change in a mandatory subject of bargaining as it relates to the accrual and utilization of exchange time (3) a unilateral change in compensation for the Oil Spill Team.  (4) The Labor Relation's Office (LRO) refusal to bargain on the above referenced subjects constituted a failure to bargain in good faith.   PENDING ARBITRATION Oil Spill grievance - In a recent discussion with LRO, our attorney was told there was no need to elevate the Oil Spill grievance to the next step because they will not agree with us.  The WAFWP board is currently engaged in a discussion and vote that will likely result in this issue being advanced to arbitration.   Exchange time and schedule change – Glen Christopherson of LRO is going to meet with Director Koenings and see if we can find some common ground for resolution.  If we cannot then we may take this issue to arbitration as well.  We should know the results of that meeting by January 13. Demand to bargain – Glen Christopherson will be meeting with LRO Director Steve McLain to discuss this issue.  e may have common ground on this issue so that it can be resolved short of arbitration.  We should know the results of that meeting by January 27.

TO: Washington Association of Fish and Wildlife Professionals

FROM: Steve Bell, WAFWP President

DATE: November 23, 2005

Exchange Time; Oil Spill Team; Demand to Bargain

On Tuesday evening, November 22, the WAFWP Board decided that the response of the Agency to our grievances was not satisfactory.  Today WAFWP hand delivered three grievances to the Governor's Labor Relation Office (LRO) to initiate the Step 4 grievance process.  At the bottom of this memo are links to Word documents of our grievances.  WAFWP is in the process of putting together grievance committees for the three grievances.

Periodic Increment Date

The Labor Relations Office has drafted a MOU and settlement language that is currently being reviewed by our legal staff.  If the terms of the settlement and MOU are agreeable this grievance may be resolved very soon.

Fish Program Exchange Time Liquidation Grievance

Members in the Fish Program have been required to submit a plan to liquidate all exchange time by April.  The specifics and ramifications are unclear from the memo.  We submitted a grievance and are in the process of aligning schedules to try and resolved our concerns.

Annual Meeting

The Board has set the date for the annual meeting for August 31, 2006 in Olympia.

Schedule Change Grievance, Step 4

Oil Spill Team Grievance Step 4

Demand to Bargain Grievance Step 4

Update On Grievances

TO: Washington Association of Fish and Wildlife Professionals

FROM: Steve Bell, WAFWP President

DATE: November 18, 2005

Dear members,

As you may recall, WAFWP and WDFW had agreed to mutually waive the timeline on the class action grievances in order to provide Mr. Peck the opportunity to digest all the information we provided as well as documents that were supplied to him after our last meeting. Mr. Peck and Dr. Koenings, as I understand, had arranged to discuss our concerns several weeks ago but were unable to meet for reasons beyond their control.

We have heard from several members and they have expressed an increasingly strong displeasure with the long wait. In an effort to be responsive to our member's wishes we have withdrawn the mutually-agreed to time waiver on all the class action grievances currently before Mr. Peck. The Agency now has until October 27, 2005 to either provide us with an acceptable resolution or, failing that, we will advance the grievance to the State's Labor Relation Office. Should we fail to receive satisfaction at the Labor Relation Office the final step would be Arbitration in which case a resolution may be expected in the spring.

Sincerely,

Steve Bell

WAFWP President

Responses to Greivances by Larry Peck (18 November 2005):

WAFWP Oil Spill Grievance

WAFWP Fixed Work Schedules_Exchange Time Grievance

WAFWP Demand to Bargain Grievance

TO: Washington Association of Fish and Wildlife Professionals

FROM: Steve Bell, WAFWP President

DATE: August 25, 2005

August 24, 2005 Larry Peck, WDFW Asst. Director, heard the Step 3 grievances for the Oil Spill Team, Exchange Time and Schedule Changes. Penny Cusick, WDFW Personnel, heard the Step 2 grievance for the Periodic Increment Dates (PID) and the Step 2 grievance for the refusal by OFM to honor our Demand to Bargain Letters. Cindy Lerch, WDFW Labor Relations, also participated on behalf of WDFW Management. Present on behalf of WAFWP was Ruth Milner, Job Rep., Dave Kloempken, Job Rep., Rhonda Fenrich, Attorney, Adam Couto, Vice Pres., and Steve Bell, Pres.

PID grievance

Both parties agreed that we would not be able to resolve the issue at Step 2. It will be elevated to the Labor Relations Office.

Demand to Bargain grievance

Both parties agreed that we would not be able to resolve the issue at Step 2. It will be elevated to the Labor Relations Office.

Oil Spill Team (OST) grievance

This was the Step 3 grievance for this issue. The Union reiterated its stance and resolution. We pointed out that the contract ensured that the OSTs status would remain the same after implementation of the contract as it was prior. WDFW said Curt Leigh was in the process of rewriting how OST would respond to ICs. The Union was told this was in response to the Coast Guards and DOEs changes in the way they respond to ICs. Mr. Peck seemed sympathetic to the standby issue. Mr. Peck requested copies of key documents and an opportunity to review them. The Union and WDFW agreed to mutually waive the timeline and reconvene at a later time to give Mr. Peck an opportunity to review and respond to the grievance.

Exchange Time (ET) and Schedule grievance

The Union stated that the Director's memo and subsequent directives violated Article 7 of the contract, WACs, and is a mandatory subject of bargaining as well having violated the spirit and expressed agreement in the contract. Mr. Peck was reminded that there is a pre-existing Policy on ET that the language in the contract directly borrowed from. The policy allows 20 hours per month of ET to be accumulated by the employee without prior approval. The policy required a liquidation plan for ET in excess of 80 hours and is capped at 174 hours. WDFW was reminded that the contract explicitly states that ET "will" be approved by WDFW. Per case law the micro-management of ET and work hours destroys the exempt status.

Management said some employees have accumulated ET and combined it with annual leave to take vacations for two or more months resulting in a harm to the Agency. The Union reminded them that this is why supervisors are given the authority to approve/deny requests to liquidate ET and annual leave.

Mr. Peck stated the primary intent of the directive was to facilitate communication between supervisors and employees. Due to limited resources the Agency has set certain priorities and made a decision to let some activities fall off the plate. However, due to the dedication of staff, WDFW employees keep propping up activities resulting in longer hours and a lack of credibility by outside funding entities that are not privy to how the work is being completed. The intent of the directive was to improve accountability of what activities ET is being accumulated for. According to Mr. Peck it was not intended to put everyone on the same schedule or prohibit ET.

Mr. Peck indicated a desire to institutionalize a change in WDFW culture so exempt employees would use flextime within the same month whenever possible instead of ET, however, he recognized that due to seasonal demands ET was appropriate if flextime was not practical for efficiency and job duties.

The Union stated that this has largely been past practice. Employees tended to use flextime to liquidate small blocks of time in excess of 40 hours within the month and accumulated ET for larger blocks of time when seasonal job demands made it difficult or impossible to liquidate the extra time worked.

Mr. Peck raised the question of what constitutes "excessive hours" and "professionalism". Both parties agreed that nickel and diming the Agency for a few minutes here or there and accumulating them to tally an hour was not appropriate. He felt a person who worked an extra four hours on rare occasions was not working excessive hours and should not charge it as ET. Ms. Fenrich objected and pointed out that the notes from other unions in the coalition consistently pointed to an agreement that work in excess of 40 hours was excessive. A debate ensued in which management stated that salaried professionals are expected to work extra hours without additional compensation. The Union countered that if that was truly the case for exempt employee then the reverse would be true as well and we would NOT be required to take leave if the work was completed in less than 40 hours and our leave accrual would not be by the hour. Ms. Fenrich stated that in practice/culture our compensation is for 40 hours. She also cited a WAC that defined a work week as 40 hours.

Mr. Peck requested an opportunity to review the notes from the various unions involved in the negotiations as it pertains to the ET in excess of 40. Both parties agreed to waive the timeline and reconvene at a later date.

In Solidarity,

Steve Bell

WAFWP President