Definition. The term Regular Temporary Employee shall mean an hourly paid employee doing bargaining unit work for more than 350 hours but less than 1,050 hours in any twelve (12) consecutive month period from an individual’s original employment date or from January 1, 2004, whichever is later, exclusive of overtime worked.
Only the following language from Articles of the Agreement applies to Regular Temporary Employees:
Includes Regular Temporary Employees for purposes of description of bargaining unit.
Nondiscrimination. Neither the Employer nor the Union shall discriminate against any employee by reason of the following status: age, sex (except where age or sex is a bona fide occupational qualification), race or ethnic origin, color, creed, national origin, religion, disability, disabled or Vietnam era veteran, political affiliation, marital status, sexual orientation, or membership or nonmembership in a union.
Applicable Law. The Union and the Employer agree to abide by and support the applicable statutory and administrative laws pertaining to equal opportunity and elimination of employment inequities. In order to promote this policy, the Employer will continue its affirmative action program for qualified women, ethnic and racial minorities, persons of disability, persons age forty (40) and over, disabled veterans, and Vietnam era veterans.
Sexual Harassment. No employee shall be subjected to discrimination in the form of sexual harassment, currently defined in the University of Washington Handbook (Volume 4, Part 1, Chapter 2) as the use of one's authority or power, either explicitly or implicitly, to coerce another into unwanted sexual relations or to punish another for his or her refusal, or as the creation by a member of the University community of an intimidating, hostile, or offensive working or educational environment, through verbal or physical conduct of a sexual nature.
Complaints. A discrimination complaint may be filed with the University Complaint Investigation and Resolution Office and/or as a grievance in accordance with Article 4 of this Agreement. Employees may also file discrimination complaints with appropriate federal or state agencies. The parties agree to encourage the filing of discrimination complaints through the University Complaint Investigation and Resolution Office.
Union Membership and Fair Share Fee. The Union shall fairly represent all employees covered by this Agreement. Therefore, as a condition of employment, Regular Temporary Employees shall, within sixty (60) days of having worked more than 350 hours from an individual's original date of employment into an hourly paid bargaining unit classification, or from January 1, 2004, whichever is later, either execute a union membership and payroll deduction form or a fair share payroll deduction form and shall have the appropriate fee deducted from their payroll checks. Any employee who is a member of the Union may voluntarily withdraw their membership from the Union and pay a fair share fee by giving written notice to the Union within thirty (30) days prior to the expiration date of this Agreement.
Employees who are determined by the Public Employment Relations Commission (PERC) to satisfy the religious exemption requirements of RCW 41.80.100 shall make payments to the Union equivalent to regular union dues and initiation fees for purposes within the program of the Union as designated by the employee that would be in harmony with his or her conscience.
Dues Deduction. Upon written authorization by an individual employee, the Employer shall provide for the semi-monthly payroll deductions of union dues and fair share fees which are uniformly applied to all members in those bargaining units in which the Union is the exclusive bargaining agent.
Indemnification. The Union and each employee authorizing the assignment of wages for the payment of Union dues hereby undertakes to indemnify and hold the University harmless from all claims, demands, suits or other forms of liability that may arise against the University for or on account of any deductions made from the wages of such employees.
Remittance of Dues. The Employer shall electronically transmit to the Union on the first bank working day after each payday all dues and fair share fees deducted for that pay period in those bargaining units for which the Union is the exclusive bargaining representative.
Listing of Employees. The Employer shall provide the Union with a semi-monthly listing of all employees with union dues or fair share fee deductions in the designated bargaining units and a monthly listing of all employees in the designated bargaining units who terminated their employment, or changed their employment status, classification or work location. The employer shall provide this information electronically along with bargaining unit pay rates and home addresses.
Definition. A grievance, within the meaning of this Agreement, shall be defined as any alleged misapplication or misinterpretation of the terms of this Agreement.
A grievant, within the meaning of this Agreement, shall be defined as an employee within a bargaining unit covered by this Agreement who alleges a grievance, the Union alleging a grievance, or the Employer under the terms and conditions of this Agreement. An individual grievant may not invoke Steps Three or Four of the grievance procedure without authorization from the Union. Grievances involving discipline shall be submitted to the level of supervision or designee having authority to act.
Responsibilities. The Union shall prevail upon all employees in the bargaining units and especially stewards to make a diligent and serious attempt to resolve complaints at the lowest possible level. The Employer, likewise, shall prevail upon its supervisory personnel to cooperate fully with the stewards and other Union representatives in the prompt resolution of any grievances that may arise.
Employee Grievance Rights. Any employee who believes he/she has been aggrieved may personally seek relief from that condition by filing a grievance, irrespective of any supervisor's opinion of the grievance's validity. In the presentation of grievances the employees shall be safe from restraint, interference, discrimination, or reprisal.
Time Limitations. An extension of the time limitations as stipulated in the respective steps below may be obtained by mutual consent of the parties. Failure of the employee to comply with the time limitations without a request for time extension shall constitute automatic withdrawal of the grievance. Failure of the Employer to comply with the time limitations without a request for time extension shall establish the right of the employee to proceed to the next step of the grievance procedure. For the purposes of calculating time requirements, the first day shall be the day following the day on which the employee was aware, or should have reasonably been aware of the issue giving rise to the grievance. Saturdays, Sundays and holidays shall be included in the calculation of days except that the final day may not be on a Saturday, Sunday or holiday but will end at the close of the first working day following the Saturday, Sunday or holiday.
Pay Status - Meetings. Meetings and discussions on the grievance held in connection with this grievance procedure shall normally be held during the University's regular business hours, and no deduction in pay status shall be made for the grievant or steward for reasonable time spent in such meetings or discussions during the employee's scheduled duty hours. Time off for employees and stewards shall be granted by supervision following a request, but in consideration of job responsibilities. If the requested time off cannot be granted, the parties shall arrange for time off at the earliest possible time thereafter.
Grievance Withdrawal. A grievance may be withdrawn in writing at any time by mutual agreement of both parties and if withdrawn shall not be resubmitted.
Employee Representation. The Union as exclusive representative of bargaining unit employees is the responsible representative of said employees in grievance matters.
The parties agree that decisions rendered under the prior HEPB process shall not be determinative or precedential for any issue raised under the grievance procedure.
Steps of the Grievance Procedure. All grievances shall be processed only through Step 2, except grievances alleging inaccurate or untimely payment of hourly wages, or failure by the Employer to follow the terms of Article 30 below, which may be processed through Step 4. As long as the hourly rate paid is not lower than the lowest step in the salary range for a position's assigned classification, and the Employer has followed the terms of Article 30 below, the hourly rate paid is not subject to the grievance procedure.
Step One: Presentation. Within thirty (30) calendar days of the occurrence of a situation, condition, or action which caused the grievance, the employee(s) affected and/or the steward or Union representative shall present the grievance to the employee's immediate supervisor for resolution. Presentation of the grievance shall include a short written description of the subject of the grievance and the contract Articles allegedly violated. If the grievance is directed against the employee's immediate supervisor, the grievance may be presented to the next higher level of supervision. The parties shall attempt to meet to resolve the grievance within fifteen (15) calendar days. The supervisor will respond within five (5) calendar days of the meeting.
Step Two: If a satisfactory settlement is not reached in Step One, and the employee wishes to pursue the matter further, said grievance shall be put into writing on the authorized grievance form and referred to the department head or designee or to the next appropriate level of management and the Office of Labor Relations within fifteen (15) calendar days after the decision from Step One. The date of alleged occurrence of the grievance shall be specified. The parties shall attempt to meet to resolve the grievance within fifteen (15) calendar days following the date of written submittal. At this step the Union agrees to cite all known sections of the Agreement which allegedly have been violated and to provide a copy to the Human Resources Office and Office of Labor Relations. The grievant may be represented by a steward and union staff representative. The University will be represented by the appropriate management official, or designee, a representative from the Office of Labor Relations and a human resources consultant, if desired by the University. The University will respond in writing within ten (10) calendar days.
Step Three: Grievance Mediation. If a satisfactory settlement is not reached at Step Two, the grievant with authorization from the Union may submit the written grievance to the Office of Labor Relations requesting grievance mediation within fifteen (15) calendar days.
Upon mutual agreement, the Employer and the Union shall request, within ten (10) calendar days, grievance mediation services of the Public Employment Relations Commission (PERC). If those services are unavailable on a timely basis, the parties shall immediately request a list of grievance mediators from the Federal Mediation and Conciliation Service (FMCS). The cost of the mediation shall be borne equally by both parties.
Step Four: Arbitration. If a satisfactory settlement is not reached at Step Two or Step Three, either of the signatory parties to this Agreement may submit the grievance to binding arbitration. Such submittal must be made within fifteen (15) calendar days following the conclusion of Step Two or Step Three. Within sixty (60) calendar days of the execution of the Agreement, the parties agree to meet to establish a permanent panel of three (3) - five (5) arbitrators. These arbitrators shall be assigned cases by the parties on a rotating basis. If the arbitrator is not available to hear the case within sixty (60) calendar days of the decision by either party to go to arbitration, the parties will contact the next arbitrator in the rotation. If no arbitrator can hear the case within sixty (60) calendar days, the case will be assigned to the arbitrator who can hear the case on the earliest date. The appointment to the panel will be for the first eighteen (18) months of the Agreement at which time either party may decide not to continue the appointment. If an individual arbitrator decides to remove his/her name from the panel or if one or more members of the panel are not continued by either party, the parties will meet to decide whether to substitute an additional name(s).
Until the panel is implemented, the parties will select an arbitrator using the procedure in the November 16, 1999-November 15, 2002 contract. The parties agree that the arbitrator shall have no power to render a decision that adds to, subtracts from, alters or modifies in any way the terms and conditions of the Agreement. The parties further agree that the decision of the arbitrator will be final and binding upon all parties. The cost of the arbitration shall be borne equally by the parties and each party shall bear the full cost of presenting its own case. The arbitrator's decision shall be made in writing and the arbitrator shall be encouraged to render the decision within thirty (30) calendar days of the close of the arbitration.
In cases where a grievance is moved to arbitration, and the parties did not avail themselves of Step Three: Grievance Mediation, the moving party shall have the unilateral right to demand a pre-arbitration settlement conference. These conferences shall not delay the arbitration process, and may be held with or without the presence of the arbitrator, at the option of the moving party. In the event that an arbitrator is present, the cost of the arbitrator's participation shall be borne equally by the parties.
Hours of work for Regular Temporary Employees shall be established by the employing official. Work assigned in excess of forty (40) hours in a seven (7) day work week constitutes overtime. Overtime hours will be compensated at a rate of one-and-one-half (1-1/2) times the employee's straight time hourly rate.
Policy. It is the policy of the University to encourage job advancement. It is the responsibility of each employee seeking employment to provide the employer with complete information regarding the employee’s skills and qualifications relative to the position sought. The Employer will make the application process, necessary submittals and the essential skills of the vacant position clear to prospective applicants.
Notice that applications are being accepted for bargaining unit positions will be published by the Employer and will be made available in places intended to reach bargaining unit employees for a minimum of seven (7) days prior to the closing of the application period. The University may limit the scope of the posting area if applications only from within the posting area are accepted. Active Regular Temporary Employees may apply for department/unit specific openings if they have worked in the department/unit within the past calendar year.
The Employer will determine if applicants possess the essential skills required of the position. Essential skills are the minimum qualifications listed in the job description for the classification and any specific position requirements. The Employer will refer all bargaining unit applicants (including Regular Temporary Employees) possessing the essential skills prior to referring any non-bargaining unit applicants. In accordance with applicable law, affirmative action goals will be considered when filling vacancies.
Regular Temporary Employees are subject to all terms of the Agreement at such time as a Regular Temporary Employee is appointed to a monthly paid bargaining unit position. This includes the requirement to serve a probationary period.
A Regular Temporary Employee who is hired into the same job without a break in service, in the same unit through open recruitment will have their Regular Temporary hours of service apply toward their probationary period for that position up to a maximum of three (3) months of the six (6) month probationary period.
Policies. It is the Employer's intent to make reasonable and proper provisions for the maintenance of appropriate standards of health and safety within the workplace. The Employer shall comply with applicable Federal and State health and safety legislation and regulations and has designated the University's Environmental Health and Safety (EH&S) Department to advise and monitor compliance with such standards.
When it is established through medical documentation that a disabling condition or physical limitation prohibits continued performance of the employee's assigned duties, the employer will attempt to assist the employee through reassignment, transfer, or reconfiguration of job duties.
Employees who believe that working conditions present a hazard to their health should first alert their supervisor. All employees are encouraged to contact Environmental Health and Safety to report hazardous conditions. If a supervisor or Environmental Health and Safety declares a work site to be hazardous and unfit for work, affected employees may be assigned to alternative work sites until the hazardous condition is rectified. If assignment to an alternative work site is not possible and the supervisor decides to send the employees home, those employees sent home will receive their regular pay for all time the employee is scheduled to work on the day of the incident. For all subsequent days the employee(s) may use accrued leave as appropriate.
Health Examinations. The Employer shall provide at no cost to the employee, such medical tests or health examinations as may be required as a condition of employment.
Safety. All work shall be performed in conformity with applicable safety standards. Employees are encouraged to immediately report any unsafe working conditions to their supervisor. No employee shall be disciplined for reporting any such condition nor be required to work or to operate equipment when he/she has reasonable grounds to believe such action would result in immediate danger to life or safety until the condition has been reviewed by a Union Steward and a higher level of supervision. If the matter is not resolved satisfactorily, the supervisor or employee may request a decision from the University's Department of Environmental Health and Safety or the Department of Labor and Industries.
Safety Committees. Bargaining unit employees shall be appropriately represented on any organizational health and safety committees for areas in which they are employed, as detailed in Administrative Policy Statements 10.11. Any department or unit committee also dealing with health and safety issues in work areas shall appropriately involve bargaining unit employees. It shall also be appropriate for either party to raise health and safety concerns at the Joint Union/Management Committee.
Ergonomics. The Employer shall maintain a separate section in the Administrative Policy Statements that reference the ergonomic requirements of WAC 296-62-051. Further ergonomic guidelines shall be referenced on the Environmental Health and Safety department website www.ehs.washington.edu.
Workplace Review. The parties recognize that there are several elements in a work site which may affect individual health, comfort and productivity. The Employer shall conduct routine hazard assessments of any worksite that may contain health hazards as required by WAC. The Employer shall provide awareness education to help reduce identified hazards. Employees may also request a workplace review by the employing department and employees shall be given the results of the review.
Bargaining Unit. A current list of names, classifications, and departments of all bargaining unit employees will be provided annually to the Union at cost.
Personnel File. To the extent personnel records are kept for Regular Temporary Employees, upon written request by an employee to their area Human Resources Office (official personnel file) or department manager (departmental file), the employee or employee's representative shall have access to the employee's official or departmental personnel file for review. Upon the employee's request, the employee may receive copies of any materials in the file (requests for reasonable numbers of copies will be provided at no cost to the employee; employees may be charged a fee for requests for large numbers of copies). Prior to such review the Director or designee may remove any letters of reference which were obtained through assurances of confidentiality to a third party. Such letters shall only be used for the purposes of hiring and/or promotional application.
Employees shall be provided a copy of all adverse material placed in the official file at the time the material is included in the file.
(a) Information shall be retained as long as it has a reasonable bearing on the employee's job performance or upon the efficient and effective management of the institution.
Adverse material or information related to employee misconduct or alleged misconduct which is determined to be false and all such information in situations where the employee has been fully exonerated of wrong doing shall be promptly destroyed.
(b) Notwithstanding subsection (1) of this section, an institution may retain information relating to employee misconduct or alleged misconduct, if:
The employee shall have the right to have placed in his/her own personnel file a statement of rebuttal or correction of information contained in the file within a reasonable period of time after the employee becomes aware that the information has been placed in the file.
Request for Information. To the extent such records are kept for Regular Temporary Employees, the Employer shall make available to the Union, upon written request, records and reports regarding personnel issues, such as home addresses, employment date and reclassification requests, concerning those classifications in the bargaining units, provided that this shall not require the Employer to disclose any records not subject to disclosure under the Public Disclosure Act of the State of Washington or to maintain or assemble any data which it would not otherwise assemble for its own use. Information shall be provided electronically where feasible.
General. Any employee required to travel to a place of work other than his/her regular official duty station shall be reimbursed for travel costs if eligible, in accordance with University of Washington Administrative Policy Statements, Section 70.
Meeting Facilities. The Union shall be permitted to use the Employer's facilities for meetings provided advance notice is given to the Employer, appropriate space is available on the date requested, and meetings are held in accordance with the Employer's policy on this subject.
(a) Space shall be made available to the Union on bulletin boards in those areas where bargaining unit members work or frequent, for the posting of notices and information pertaining to official business of the Union. Such posted material is to be signed by a Union representative.
(b) If it is established that adequate space is not available at a convenient location, the Union may provide for and have installed a bulletin board at its own expense, provided the size and location of said bulletin board shall be mutually agreeable to the Union representative and the Employer.
(a) Restrooms and attendant facilities shall be provided as required by the State of Washington Department of Labor and Industries. Dressing rooms and/or lockers shall be provided to employees in those classifications where a change of clothing is required by the Employer.
(b) The adequacy of employee facilities, including sanitary supply dispensers for female employees, shall be a proper subject for discussion by the Joint Union-Management Committee.
Committee Purpose and Membership. A Joint Union-Management Committee is established to provide a forum for communications between the two (2) parties and to deal with matters of general Union/Employer concern. The committee's function will be limited to an advisory capacity and shall not include any decision-making or collective bargaining authority.
Committee membership shall consist of three (3) bargaining unit employees and a Union staff representative and four (4) Employer representatives to include the Executive Director for Labor Relations or designee.
The Employer will discuss with representatives of the Union significant changes affecting institutional conditions of employment generally affecting bargaining unit employees sufficiently in advance of the targeted implementation date of said changes so that reasonable alternative proposals can be adequately considered by the Joint Union-Management Committee. Diversity, child care and tuition exemption shall be considered appropriate subjects for the Joint Union-Management Committee.
Meetings. Committee meetings may be requested by an authorized representative of either party. Requests for a quarterly meeting shall be honored; however, once convened, the committee may meet more or less frequently as mutually agreed between the parties.
At least one (1) week's notice shall be given to members of any agreed upon meeting and the agenda. Committee meetings shall normally be held during University business hours and at a mutually agreeable time and date. Employee members shall experience no loss in salary for meeting participation; however, meeting times are not construed as work time and no overtime shall be claimed or paid for meetings attended outside the employee members' regular working hours.
Limitations. Committee meeting topics shall be limited to subjects of group rather than individual concern, and the committee shall not discuss grievances properly processed under Article 4 of the Agreement. Further, it is not intended that this Article obligate in any way either party to negotiate on personnel matters covered in this Agreement or to alter, limit, restrict, or reduce prerogatives of either party otherwise provided in this Agreement.
Use of Temporary Employees. Issues concerning the use of temporary employees who work beyond 1,050 hours from the employee's original University of Washington temporary employment date, shall be an appropriate subject for discussion in the Joint Union Management Committee meeting. Such issues may include, but will not be limited to, the continuous and ongoing use of temporary employees as well as the possibility of alternate employment opportunities.
The University and the Union shall share the cost of printing the Agreement for present and new employees in the bargaining units.
(a) The employer shall include a copy of the Agreement at each Reference Station and shall provide a copy to new employees in the bargaining unit.
(b) The Union shall provide a copy of the Agreement to present employees in the bargaining units. The Employer shall allow distribution through campus mail.
(a) The Employer shall provide to the Union, at least monthly, a list of new employees in the bargaining units, including the employee's name, classification, department, and mail stop.
(b) The Employer will distribute to each new employee in the bargaining units, with a copy of this Agreement, a letter from the Union. Such letter will be provided to the Employer by the Union and the contents of the letter shall be mutually agreeable.
(c) A bargaining unit member designated by the Union shall be granted paid release time to attend new employee orientation and/or new employee coffee hours scheduled by the University. Such release time will be subject to the operational needs of the department.
Salary schedules for Regular Temporary Employees shall be incorporated into this Agreement as Appendices IV, V, and VI.
If a bargaining unit Regular Temporary Employee leaves an appointment and is later reemployed by the same department/unit in the same or substantially similar appointment, the employee will be paid an hourly rate not less than their previous wage in the department/unit.
All positions filled by Regular Temporary Employees shall continue to receive the premiums and differentials they received prior to July 1, 2005, including any increases in the amounts of those premiums and differentials as provided for in this Agreement.
The Employer and the Union acknowledge that this Agreement provides, through the grievance procedure and through other administrative remedies, for an orderly settlement of grievances or disputes which may arise between the parties. Accordingly, the parties agree that the public interest requires the uninterrupted performance of all University services and to this end pledge to prevent or eliminate any conduct contrary to that objective. Therefore, during the life of the Agreement the Employer shall not lockout any of the employees as a result of a labor dispute or grievance or disputes on personnel matters nor shall the Union condone or authorize a work stoppage, work slowdown, or any other curtailment of work in the bargaining units.
Should the employees engage in any unauthorized concerted action, a Joint Union/Management Committee shall immediately convene and shall continue to meet until the dispute is settled, and the employees involved shall immediately return to work and continue working. Any employee who refuses to perform his/her work may be subject to disciplinary action.
There will be no strike or lockout regarding any matters pertaining to the contents of this Agreement.
Any action of the Employer in closing the University during a general strike, riot, or civil disturbance for the protection of the institution, its property, or its employees shall not be deemed a lockout.
Any action of an employee in refusing to cross, for his/her own personal safety, a picket line at the Employer's premises in case of an officially declared strike by some other employee organization or union representing employees working for the Employer shall not constitute a violation of this clause of the Agreement, provided, however, that such a decision shall be made freely by the employee without coercion by either the Employer or the Union and provided further that nothing herein shall preclude the Employer from continuing to operate the University with or without temporary replacement personnel.
Should any part hereof or any provision herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by any decree of a court of competent jurisdiction, such invalidation of such part of provision of this Agreement shall not invalidate the remaining portions hereof; provided, however, upon such invalidation the parties agree immediately to meet and negotiate such parts or provisions affected. The remaining parts or provisions shall remain in full force and effect.
This Agreement shall become effective July 1, 2009 and remain in force through June 30, 2011. Automatic renewal shall extend the terms of this Agreement for one year at a time, unless either party serves the other with written notice at least ninety (90) calendar days prior to the anniversary date of its intent to negotiate a new Agreement. Should notice be served, bargaining shall begin within thirty (30) calendar days following the date of the notice for the purpose of negotiating a new Agreement.