August 9, 2010

Agreement reached to mitigate impacts of furloughs; those on 4/10 and 9/80 schedules

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.

You can to go to our website at www.wfse.org to view and download a copy of the agreement. 

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.

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