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WPEA Enforces Job Rep Release Time
Shortly after the 2005-07 bargaining
agreement went into effect, the Labor Relations Office (LRO)
advised agency management that release time for Job Reps
could and should be limited to one hour or less. As various
agencies began to implement and enforce this erroneous
interpretation of our collective bargaining agreement
language, WPEA began filing grievances, referencing the
language in Article 35.3 B:
“Job Representatives will be granted time
during their normal working hours to investigate and process
grievances in accordance with Article 27, Grievance
Procedure and in addition, job representatives will be
provided “reasonable” time during their normal working hours
to prepare for and attend meetings scheduled by management
within the representatives office, facility or geographic
jurisdiction within the bargaining unit for the following
representational activities:
1) To conduct investigative interviews and
attend pre-disciplinary meetings in accordance with Article
26 - Discipline and/or
2) For Union Management Communication
Committee meetings and other committees if such committees
have been established by agreement.”
As you can see, the working term is
“reasonable” and is based on the work the Job Rep has to
do. The establishment of reasonable time should be based on
that work and a conversation with the supervisor on
approximately how long it will take the Job Rep to carry out
the representation work at hand – within reason.
All Job Representatives should be allowed
reasonable time to conduct duties such as meeting bargaining
unit employees on possible contract violations, to
investigate contract violations, and prepare for meetings
with management. The Job Rep needs to request release time
through their supervisor and should be able to give an
approximate time frame for the needed representational
duties.
If the Job Rep is going to be longer than the
proposed time given, they should contact the supervisor and
inform as to how much longer they might be. Their work must
not suffer in the practice of Job Rep functions!
The agencies where grievances were filed on
this and related release for representation issues included
the Washington State Patrol (who would allow only one-half
hour of release time), the Department of Revenue, the Liquor
Control Board, and the Department of Fish and Wildlife.
Because the contract language includes no limits on a Job
Rep’s release time to conduct duties as mandated by the
contract, there can be no arbitrary enforcement of one hour
or less to administer the contract.
All grievances were resolved prior to filing
for arbitration.
If management in your agency is saying that a Job Rep can
only have an hour or half an hour to conduct duties, they
are dictating in an arbitrary and capricious manner and
interfering in the mandated work of the Job Rep.
Since these grievances were settled with the
above understanding, employees and Job Reps need to let the
Union know immediately if this practice continues so further
action can be taken.
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