Only the language of the following articles in this Appendix XII applies to the Regular Temporary Employees and shall constitute the whole agreement between the union and the University regarding these employees.
Definition. The term Regular Temporary Employee shall mean an hourly paid employee doing WFSE 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 July 1, 2005, whichever is later, exclusive of overtime worked.
2.1 Upon written authorization by an individual Regular Temporary Employee ("employee"), the Employer shall provide for the semi-monthly payroll deductions of union dues or fair share fees which are uniformly applied to all members in those bargaining units in which the Union is the exclusive bargaining agent.
2.2 In order to cancel payroll deduction of union dues, it is the sole responsibility of the employee to file a written notice with the Employer's Payroll Office and also to file written notice with the Union (Washington Federation of State Employees, 1212 Jefferson Street, Suite 300, Olympia, Washington 98501).
2.3 The Employer will provide the Union with a semi-monthly report of employees who have crossed the 350 hour threshold for inclusion in the WFSE bargaining unit.
2.4 Failure by an employee to abide by the aforementioned provision of Article 2 shall constitute cause for discharge of such employee; however, the University has no duty to act until the Union makes an appropriate written request for discharge and verifies (by forwarding a copy of the written notification to the Employer) that the employee received written notification from the Union of the delinquency, including the amount owing, method of calculation, if appropriate, and that non-payment will result in discharge by the University.
2.5 The Union 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 actions taken by the University under this article.
3.1 It is the policy of the University of Washington to create and maintain a safe and healthful workplace free from recognized hazards that may cause harm to employees, consistent with and in compliance with applicable state and federal laws. Employees will play an active role in creating a safe and healthy workplace and will comply with all applicable health and safety rules. The Union and the Employer are jointly committed to the goal of implementing an effective health and safety program and accident prevention program that meets or exceeds WISHA requirements.
3.2 All work shall be performed in conformity with applicable health and safety standards. Employees are encouraged to immediately report any unsafe working conditions to their supervisor. If the matter is not resolved satisfactorily between the supervisor and employee, either may involve the Union Steward and request a decision from a medical center's Safety Officer, and/or the University's Department of Environmental Health & Safety or the Department of Labor & Industries. No other employee may do the work believed to present an imminent risk to life and safety until a risk assessment has been done by the Safety Officer and/or the University's Department of Environmental Health & Safety, or the Department of Labor & Industries, and it is confirmed that there is no imminent hazard. Once a risk assessment is completed and it is confirmed that there is no imminent hazard and conditions meet WISHA standards, the employee will be expected to perform the work.
Employees are encouraged to attempt to resolve the matter first with the supervisor, then the Safety Officer and/or the University's Department of Environmental Health & Safety prior to going outside the University.
No employee shall be disciplined or retaliated against for reporting any such condition.
3.3 Reporting. Employees in the bargaining units are encouraged to report immediately to their supervisor and/or designated safety official any apparent unsafe working condition. Employees shall use required safety devices and perform work according to required safety procedures.
3.4 If a supervisor, the Employer-designated safety official, Labor and Industries or Environmental Health and Safety (telephone 206-543-7262) declare 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.
3.5 Ergonomics.The supervisor/manager will provide training and equipment for staff to safely perform job functions and avoid injury. Employees should contact their supervisor if job procedures, equipment or workstations lead to risk of injury or work-related musculoskeletal disorders. Further ergonomic guidelines shall be referenced on the Environmental Health and Safety website www.ehs.washington.edu.
3.6 Workplace Review. Supervisors will periodically inspect the worksite for the identification of recognized hazards, including ergonomic conditions, and put in place appropriate and feasible mitigations for any identified conditions that may be hazardous to health and safety. Such mitigations may include the use of engineering controls, administrative controls, the use of personal protective equipment, and/or increased training.
3.7 In response to a DOSHA (Department of Occupational Safety & Health Administration - Labor & Industries), inspection initiated by a bargaining unit employee complaint, the Employer will contact the designated Union representative to participate in the worksite inspection. Employees may also request a workplace review by the employing department and employees shall be given the results of the review.
3.8 WISHA Inspections: Each time there is a WISHA inspection of the Employer's property in an area where WFSE employees perform their duties, the Employer shall contact the Union Office to find out whom the Union designates as the employee representative. If the Union's representative is not present for the inspection, the Employer shall request that the WISHA inspector delay the inspection until the Union's representative can arrive.
3.9 Wellness. The Employer and the Union will encourage and support employee participation in appropriate programs including the UW Care Link Services through which employees may seek confidential assistance in the resolution of chemical dependency or other problems that may affect job performance. UW Care Link Services may presently be reached at 1-866-598-3978 (business hours) or 1-800-833-3031 (24 hour line). No employee's job security will be placed in jeopardy as a result of seeking and following through with corrective treatment, counseling or advice providing that the employee's job performance meets supervisory expectations.
3.10 Tools and Equipment. The Employer will furnish and maintain in safe working condition all tools and equipment required to carry out the duties of each position, and will provide, during working hours, training on the safe operation and use of tools/equipment/supplies required to perform the employee's duties. The Employer agrees to provide transport for necessary equipment and supplies which cannot safely be transported by hand. The employees will properly use and maintain all required tools/equipment/supplies and immediately report any defects or malfunctions to the supervisor.
3.11 Joint Union/Management Committee. It shall be appropriate for either the Union or the University to request that a Joint Union/Management committee be convened, with Environmental Health and Safety as a participating member, to discuss health and safety concerns and to explore options for addressing those concerns through appropriate training or other approaches.
3.12 Training. Training that is relevant to the business operations and hazards involved in the work activities will be provided to employees in the workplace by qualified trained individuals. Training needs will be an appropriate topic at Joint Union/Management committee meetings. Assistance with interpretation may be requested by staff.
4.1 Definition. A grievance, within the meaning of this Appendix, shall be defined as any alleged misapplication or misinterpretation of the terms of this Appendix.
4.2 A grievant, within the meaning of this Appendix, shall be defined as an employee within a bargaining unit covered by this Appendix who alleges a grievance, the Union alleging a grievance, or the Employer under the terms and conditions of this Appendix. An individual grievant may not invoke Steps Three or Four of the grievance procedure without authorization from the Union.
4.3 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.
4.4 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.
4.5 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.
4.6 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.
4.7 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.
4.8 Employee Representation. The Union as exclusive representative of bargaining unit employees is the responsible representative of said employees in grievance matters.
4.9 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.
4.10 Steps of the Grievance Procedure.
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.
Until the panel is implemented, the parties will select an arbitrator using the procedure in the July 1, 2005, to June 30, 2007 Washington Federation State Employee's Master 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 Appendix. 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.
5.1 Inclement Weather. When the University is in operation an employee may request time off without pay to deal with unanticipated problems related to inclement weather conditions. However, employees designated by the Employer as "essential" must report to work.
5.2 Suspended Operations. If the University determines it is advisable due to emergency conditions to suspend the operation of all or any portion of the institution, employees designated by the Employer as "essential" must report to work.
6.1 The Employer and Union agree that the Employer shall continue to encourage but not require employees covered by this Appendix to use alternate means of transportation to commute to and from work in order to reduce traffic congestion, improve air quality and reduce the Employer's leased parking costs.
6.2 The Employer and Union agree transportation management including fee setting and permitting for parking are the discretion of the University. The Union may raise concerns at Joint Union/Management Committee meetings.
Employees shall be appropriately trained and or certified prior to being assigned to perform work requiring such training or certification, e.g., work with asbestos, lead, blood borne pathogens, and all other appropriate training required for safety and efficiency in the unit.
8.1 Hours of work for 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.
8.2 Assignment of hours or continuation of employment is at the discretion of the Employer and is not grievable.
Departments that have established the following practice may continue to do so. Departments which have not established the practice may do so at their discretion.
If an employee works one of the following holidays, she/he will receive time and one half for all hours worked on that holiday: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas.
All regular temporary employees under this Appendix shall be paid an hourly rate that falls within the salary range for the job that best fits the bargaining unit work.
11.1 The Employer and the Union acknowledge that this Appendix 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 Appendix 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.
11.2 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 termination.
11.3 There will be no strike or lockout regarding any matters pertaining to the contents of this Appendix.
11.4 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.
11.5 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 Appendix, 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 Appendix 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 Appendix shall become effective July 1, 2009 and remain in force through June 30, 2011. Automatic renewal shall extend the terms of this Appendix 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 Appendix. 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 Appendix.