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Issues Resolved:
Below is a brief summary of the grievances
that have been resolved. Due to confidentiality issues, not all
grievances are listed or expanded on with a link.
Chain of
Command
Solution establishes the chain of command for LCB. The
important gains:
a)
“Absent any urgent issue, the employee will be allowed the
opportunity to communicate the previous instructions from
the direct supervisor and be able to ask if the new
direction had been communicated to that first supervisor to
prevent conflicting orders and to respect direct chain of
command.”
Previously, DC employees were directed to “obey any
direction given to you by any Supervisor or WMS employee at
any time.”
b) Management also agreed that “in the event that discipline
is issued, it will be handled by the immediate supervisor
whenever practicable.”
Previously, any Supervisor could write up anyone anytime
they felt like it
c)
Management agreed to discuss the new provisions at an
upcoming 10 minute meeting.
Denial of Callback Pay
The employer erred when it denied eligible
employee call back pay. Was informally resolved.
Disciplinary
The employee received temporary reduction in
pay. The employer agreed to reduce the reduction
in pay from 90 days to 60 days.
EDPP/PDP
The employer failed to follow the proper
process for performance evaluation. The employer
agreed upon EDPP language in the CBA.
Evaluation Period
The employer extended the employee’s
evaluation period from 12 months to 17 months.
The employer agreed to change evaluation period
to reflect the correct dates per the CBA.
Failure to Notify of RIF
Group (all bargaining unit members) at DNR grievance. WPEA
resolved it with them when they told the union we would be
notified of RIF’s in the future.
Inappropriate Letter of
Expectations
The employer instituted an inappropriate
letter of expectation. The agency agreed to
rescind the letter of expectations.
Improper DNR Fire Pay
Employees assigned to coyote camp but not
compensated for such. The employer agreed to
settlement pay and agency reviews requirements
for “compensation” per the CBA.
LCB Store Managers Uniforms
Management agreed to have the
vests/smocks of store managers laundered
at agency expense. The agency
“reconsidered” their decision and now
reimburses employees for the cleaning of
their uniforms.
Leave
The employer informed employees that they
had to request and receive prior approval for
all types of leave. The CBA does not require
prior approval of sick leave usage. Employer
agreed and notified employees.
Life Giving Leave
The employer inappropriately informed
employees that they were not eligible to access
the provisions of the Life Giving Leave
Executive Order. The employer agreed that the
CBA allowed for this provision to be available
to represented employees.
Meal Periods
The employer attempted to implement
incorrect provision regarding meal period for
straight-shift employees. The employer agreed to
paid meal periods on a case by case basis for
work efficiency.
Medical/Dental Program
One of the major provisions in the
General Government Master Bargaining Agreement for the
second year is the ability for general government
employees to participate in a medical and dental expense
reimbursement program on a pre-tax basis. A benefit that
our Higher Ed employees have enjoyed for several years.
Oral Reprimand Put in Member File
The college agreed to put it in her “working file” until the
next employee evaluation and then it will be removed.
Overtime Designation
The employer reclassified formally overtime
eligible employees as overtime exempt in
violation of FLSA. The employer agreed to return
employees to overtime eligible status.
Overtime Designation
The employer failed to assess, on a case by
case basis, the overtime eligibility of
employees. The employer agreed to follow the
provisions of the FLSA and assess each position
for overtime eligibility. 11 positions were mis-classified
as overtime exempt and corrections were made.
WPEA has re-filed on 80 other positions in the
agency for USDOL investigation as to appropriate
overtime designation.
(PARTIALLY RESOLVED)
Overtime Pay vs Comp Time
At the Liquor Control Board (LCB), the
employer sent notice to the employees that they
would not be able to earn comp time in lieu of
cash. The CBA states that comp time off may be
earned in lieu of cash when the employee and the
agency agree. Employer agreed to rescind the
erroneous notice to employees and issue a
corrected one.
Periodic Increment Date
The employer unilaterally re-calculated
employees PID in violation of the CBA. The
employer agreed to clarifying language to
resolve.
Reprimand
The employee received a reprimand which the
the employer agreed to change to a counseling
memo.
Flexible Work Schedule
At Fish & Wildlife, management denied a member’s request for
a flexible work schedule. Management then asked for an
Independent Medical Examination (IME). Management agreed to
retract the request for the IME and instead work with the
member and the union on a reasonable accommodation.
Overtime
At Natural Resources, management inaccurately computed a
member’s overtime worked on a holiday. The member was
allowed to count the actual hours worked on a holiday
towards hours worked for overtime calculation for the work
week.
PDP Process
At Fish & Wildlife, the employer violated the PDP process.
The grievance was resolved and the negative evaluation was
removed from the member’s file.
Promotions & Vacancies
At Revenue, management violated the Promotions and Vacancies
Article of the CBA. This was settled.
Reallocation
A group at Highline Community College were notified that
there positions were reallocated downward. Management had to
retroactively compensate the members at the salary they were
receiving prior to the downward reallocation.
Release Time
WPEA has filed several group and
individual grievances regarding the refusal of release
time. Agencies are acting on bad advice from
the Labor Relations Office (LRO) and interpreting
incorrectly and/or creating interpretation not supported
by the contract language, regarding release time for
union representation. Representation includes the
workplace Job Representative representation duty,
employee representation on all matters adversely
affecting them, and union staff representation of
workers in the work place.
Release Time
At the Military Department, management refused to pay
release time to a member attending the Union-Management
Communication Committee. Management restored the three hours
of Annual Leave that they forced the member to take.
Reprimand
At the Liquor Control Board, management reduced a letter of
Reprimand to a letter of Expectation.
Reprimand
At Olympic College, the employer continued to retain
material in an employee’s personnel file that was based on
incomplete and unprovable information. Management agreed
with the union that there was not enough information to
prove that a reprimand was warranted – the reprimand was
removed to be followed by incomplete complaint information
after 6 months.
Termination
The terminated member received six weeks back pay.
Verbal
Abuse
Management addressed the concerns of an employee who had
suffered “verbal abuse” from a Supervisor at the
Distribution Center. Management agreed to take positive
steps to address the concerns of the Employee and further
agreed to protect the employee from any retaliation stating
“any perception of retaliation should be reported by the
grievant to Management immediately” adding that any such
behavior would be "swiftly and seriously handled.”
Weingarten
A member at Olympic College asked for her Job Rep to be
present in a meeting – management denied the member.
Management agreed to allow Job Reps the time they need to do
their Job Rep duties and to not deny members representation
from Job Reps in the future.
Working Out of Class
At the Washington State Patrol, management instructed
members to do out of class “stop stick” installation work.
Management agreed to rescind any assignments of installing
stop sticks in patrol cars.
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