Wednesday, November 25, 2009

Happy Thanksgiving!

As we all prepare to spend time with family and friends enjoying turkey, football, and other delights, I wanted to take a few minutes to tell each member what a gift you provide when you participate in the activities of the union. Your time, your voice, your phone calls and letters to legislators on behalf of state employees make a real difference for all the citizens of Washington state. The quality of life we all enjoy is directly attributable to the work that you do, both on duty and off duty. This Thanksgiving Day I am thankful for each and every one of you.

In solidarity,

Carol

Tuesday, November 24, 2009

DSHS DTB Inclement Weather Policy Outcome

DSHS made changes to Administrative Policy No. 18.32. Our union issued a demand to bargain, concerned about the impact on union represented state employees. The union argued that the policy had to comply with Article 16 of the Collective Bargaining Agreement and was successful at working out most of the problems with the new policy.

The impact on Article 16 is the addition of the following language: Page 5 of the policy "#4. When any employee is released with no loss of pay as a result of facility closure, the Secretary or designee may require the employee to remain available by telephone or email during regularly assigned work hours in order to respond to questions regarding work assignments or to receive direction about return to work or reassignment to another work location."

Glen Christopherson, DSHS Human Resources stated clearly at the table with LRO representative present that they do not intend to use this language in a blanket approach - that it would be used only as necessary in order to have questions answered regarding client services, etc. The conversation centered around the potential impact of a Green River flooding event and severe snow storms in Eastern Washington.

He stated that management would be trained on the policy and if the policy is used inappropriately, he asked that the union bring it to his attention and he would address it. I am asking members to contact union representatives if management does not honor the intent of the agreement.

The new policy:



Administrative Policy No. 18.32

Subject: Inclement Weather

Information Contact: Human Resources Division

Authorizing Sources: Chapter 41.06 RCW
Chapter357-31 WAC
WFSE Collective Bargain ing Agreement Article 16
SEIU 1199 Collective Bargaining Agreement Article 21
Coalition Collective Bargaining Agreement Article 16
Secretary’s Winter Storm Travel Expenses Memo

Effective Date: July 1, 2005

Revised: November 9, 2009


Approved By: ___________________________________________
Senior Director, DSHS Human Resources

Sunset Review Date: November 9, 2011

______________________________________________________________________________

Purpose

This policy provides appointing authorities and employees direction regarding employee leave and facility closure during inclement weather.


Scope

This policy applies to all Department of Social and Health Services (DSHS) employees.


Definitions

Facility closure: Preventing some or complete access and use of a facility, building, or section of a building. Full or partial closure of a facility does not automatically result in suspended operations. For a facility closure, appointing authorities are required to consider alternative staff assignments to assure continued service delivery. Appointing authorities have delegated authority to implement facility closure.

Non-Emergency positions: Positions not identified as providing or supporting a vital service. The appointing authority may re-designate non-emergency positions as emergency positions in the event of unanticipated circumstances or changes in scope.

Suspended operations: Stopping service provision of the entire agency or any portion of the organization. Only the Secretary has the authority to direct suspension of operations.


Policy

A. Employee Leave Due to Inclement Weather

1. DSHS employees are responsible for arranging how they travel to work and/or return home from work during an inclement weather event.

2. Employees who report to work late will be allowed up to one (1) hour of paid time. Employees will not be allowed to use the one hour of paid time at the end of the workday or shift.

3. The following applies to employees during a period of inclement weather:

a. For employees covered by the Collective Bargaining Agreements (CBA) between the State of Washington and the Coalition, Service Employees International Union (SEIU) 1199, or Washington Federation of State Employees (WFSE) should refer to their specific CBA for instructions regarding:

i. Using leave during inclement weather
ii. How leave will be charged
iii. Optional use of leave without pay
iv. One (1) hour of paid time during inclement weather

b. For non-represented employees:

i. If a work location remains fully operational but an employee is unable to report to work or remain at work because of severe inclement weather or conditions caused by severe inclement weather, the employee's leave will be charged in the following order:

a) Any earned compensatory time or previously accumulated exchange time
b) Any accrued vacation leave
c) Any accrued sick leave, up to a maximum of thre e (3) days in any calendar year
d) Leave without pay

c. Although the types of paid leave will be used in the order listed above, and each type of paid leave will be exhausted before the next is used, employees will be permitted to use leave without pay rather than vacation or sick leave at their request.

4. When severe inclement weather prevents an employee in official travel status from returning to their official duty station or residence, the employee will remain in official travel status. The employee must notify his or her supervisor of the inability to return from travel status. Reimbursement for travel related costs will be made in accordance with DSHS and Office of Financial Management (OFM) travel policies.

5. Appointing Authorities have delegated authority to authorize reimbursement of costs for lodging and per diem for employees who are asked to stay close to their work site during severe inclement weather.

6. The local administrator, or designee, may allow employees to either telecommute or work from home, if appropriate for the employees’ job functions. It is managements’ responsibility to ensure continuous and effective operations to meet business needs.

B. Facility Closure

1. Unless ordered by the Secretary or designee, inclement weather alone is not a justification to close a DSHS office.

2. Appointing authorities have delegated authority to close an office or work location when inclement weather poses actual or potential health or safety hazards at the worksite, including: facility or building system failures, building inaccessibility, or intolerable worksite environmental conditions for a reasonable person.

When making a decision to fully or partially close a facility, appointing authorities are responsible for the following:

a. Assess need and determine justification to partially or fully close a facility.
b. In a facility occupied by multiple administrations, a recommendation to close an office must be communicated with the appointing authorities from each of the impacted administrations, prior to an office closure.
c. Consideration of alternative staff assignments, including work locations, scheduling, or work performed to assure continued service delivery.
d. Provide timely notification and direction to affected staff.

i. Each DSHS office or facility must have a worksite emergency management plan that includes staff communication procedures and alternative service delivery contingency plans.
ii. Each administration must provide the status of facility operations to the Secretary or designee on a daily basis at a minimum. Updates should be posted on the DSHS Employee Information Line – 1-866-DSHS-EMP (1-866-374-7367) and Web site link: http://exec.dshs.wa.lcl/commdiv/emergency.html. Organizations may also maintain a local source of information.

e. Provide a written briefing of the closure to the Secretary’s Office, the Office of Leased Facilities, the respective Assistant Secretary, the DSHS Communications Office, and the DSHS Emergency Management Coordinator, including the reasons for the closure and plans for continuity of operations. Work with the DSHS Communications Office to inform local media of facility operations.

If the facility closure results in a need to suspend operations, the appointing authority must obtain approval of the DSHS Secretary or his/her designee prior to suspending operations. In the event of disrupted communication with the Secretary, his or her designee, and the Assistant Secretary, the Appointing Authority may make the decision based on emergent health and/or safety concerns.

3. The following applies to employees during a period of facility closure:

a. For employees covered by the Collective Bargaining Agreements (CBA) between the State of Washington and the Coalition, Service Employees International Union (SEIU) 1199, or Washington Federation of State Employees (WFSE) should refer to their specific CBA for instructions regarding:

i. Reassigning Non-emergency employees
ii. Releasing Non-emergency employees
iii. Temporary reduction in work hours or temporary layoff of non-emergency employees

b. For non-represented employees: If the Secretary or designee decides that an office or work location is non-operational due to severe inclement weather, conditions caused by severe inclement weather, or other emergency circumstances, the following will apply:

i. Non-emergency employees may be reassigned to similar positions at locations within a reasonable driving distance from the non-operational location during the disruption of services. Reimbursement for mileage will be in accordance with the office of financial management travel regulations.
ii. Non-emergency employees may be released with no loss of pay during the disruption of services.
iii. At the discretion of the employer, non-emergency employees may be subject to a temporary reduction of work hours or temporary layoff.

4. When any employee is released with no loss of pay as a result of facility closure, the Secretary or designee may require the employee to remain available by telephone or email during regularly assigned work hours in order to respond to questions regarding work assignments or to receive direction about return to work or reassignment to another work location.

5. Employees on leave that was approved prior to the partial or complete closure of a facility will continue in his or her leave status. The hours of leave that occurred during the closure will not be reinstated.

DSHS UMCC Meetings Scheduled

Statewide DSHS UMCC meetings are scheduled for December 10, 2009 and April 22, 2010.

The following topics are on the agenda for December 10th:

Union Items:

FMLA Forms
Supervision of Social Workers by FSS5
Children’s Administration Ad hoc
Application of Skills & Abilities During Layoff Process
Court Ordered Staffing Plan in Forensic Service Unit at Eastern State Hospital
Improper Use of Job Classifications in Mental Health
Skimming of Bargaining Unit Work
CSD Rollout Schedule
CSD Processing Times for Non-TANF & Non-LEP Applications
CSD Staff Taking Rest Breaks
CSD Call-in Procedure for Unplanned Leave
CSD Ad Hoc
ESA 2% Reduction
DCS of the Future

Management Items:
One Department Framework
Budget
Ad Hoc Committees

All member comments on these topics are invited. Please submit your comments.

Wednesday, November 18, 2009

Conservative Caucus Update

AFSCME is preparing to send out a questionnaire to Presidents and Executive Directors of Councils to determine interest in having a Conservative Caucus at the International level. We should have information back about the results after the first of the year.

November Policy Committee Meeting Update

Some of you have heard and are very concerned about the impacts of the potential flooding in the Green River Valley. WFSE has about 800 member families living in the area and they work in almost every agency and sub-division that we represent. Should the repairs to the Howard Hansen Dam fail, the flooding could close Highway 167 and portions of I-5. The amount of water flowing is estimated in the tens of thousands of cubic feet per second. They are counting on the ability to predict a "pineapple express" weather event to determine emergency evacuation instructions. I have been very alarmed about the potential impact to our members and the programs citizens depend upon and that we provide. Some of the agencies have moved offices out of the way. Others are considering back up plans for services. As you know sandbagging and other methods are being used to try to mitigate any potential damage. There is a sewage plant, major storage warehouses, farms, and vital traffic routes potentially overwhelmed by the flood waters. Supply routes, drinking water, emergency housing, one can only scratch the surface of the issues our members could face.

DSHS has had an informational meeting on this topic at the statewide level. In addition, Sue Henricksen, Daniel D'Haem, Gordon Ely, and I were allowed to attend a management emergency table top exercise on response to the potential crisis.

As a result of the statewide meeting, Sue Bush has agreed to come to Saturday's Policy Committee meeting to provide information to our members. Sue Bush is working with Emergency Management and DSHS to help prepare for an emergency event related to the dam failure.

Sue Bush is also helping to prepare for the potential impacts of the Swine Flu pandemic in Washington State. The combination of lay offs, cut backs, and the number of workers potentially out sick with this flu may very well create a different kind of crisis. Management in every agency is looking at how to protect their workers, how to identify and accomplish the vital services, and what to do if schools and day cares close due to the pandemic. Management will have to determine what work must get done and what work can be reduced or eliminated. We must learn how to protect ourselves and how to prepare our families.

The presentation will be held in the main room at 9 am prior to the Plenary Session of the Policy Committee Meeting. All members are welcome to attend this portion of the Policy Committee group.

Monday, November 16, 2009

DSHS Travel Policy Demand To Bargain

Back in September, both the old and new DSHS Travel Policy were posted on this site and comments were requested. On November 12, 2009, the Federation met with LRO/Management to discuss the recent changes in the policy. DSHS made changes to Administrative Policy 19.10.06 without proper notification to the union per Article 38 of the General Government Contract.

Specific changes that will effect membership are found in travel advance limitations and requirements, #6a. Travel advances are limited to 75% of the estimated travel expenses. This is a change from the 90% advance offered to employees in the past.

Management acknowledged that they failed to notify the union prior to implementation of this change and stated that this mistake will not be repeated. Managment will now notify the union of any change in agency policy that will impact WFSE members working conditions prior to implementation.

The Federation argued that the new TEMS system is difficult to understand. Many members are frustrated with the system and consistently have reimbursement requests returned. The Federation asked that management provide members with in depth training. Feedback from members indicate that the current video training for TEMS has not helped them navigate the system and many are not receiving full reimbursement for travel expenses.

Management agreed that the new TEMS system is complex and difficult to navigate. Management stated that the TEMS system has a help desk and are hoping members will call this help desk and the help desk will walk a member through their reimbursement request. OFM currently offers indepth training on the TEMS system. This training can be found on the OFM website. Training is held in Olympia and employees will need to travel to Olympia to receive the training thus having to complete another TEMS request. (humor intended)

The Federation asked if management could offer an indepth training via a GO TO Meeting so members in Eastern Washington or remote locations could also receive appropriate training. Management will look into this and report back to the Federation. 

Article by Sue Henricksen, Vice-President

Read the new travel policy below:


Governor's Response - step forward with ideas

Governor's Response

Sunday, November 15, 2009

Longtime State Employee and Union Activist Laid Off

Last week I attended an exit interview with a member who has 24 years seniority and has been a day shift shop steward lead for many years. This member asked me to go with her to meet with the Secretary of HRSA.

She wanted an opportunity to talk about her experience as a state employee and to take to the highest level ongoing concerns about the kind of management she had witnessed through these years up to and including current events.

This member is forced to leave state employment because management is eliminating her job class as well as others in an attempt to meet the budget reductions. She suspects the decision to eliminate the job classes is based in part on her union activities and in part to reach senior state employees. The job option offered her would require her to sell her home and small farm and move to the other side of the state away from her significant other and her friends. Everything she has worked for is here.

She spoke passionately about the events she has witnessed and the work she has done to try to right the wrongs she had seen - both for patients and for union members. She talked about the low morale, the stress, the failure to provide a safe work environment, the seemingly preferential treatment provided to some who have had jobs created for them in order to prevent the consequences of reduction in force while our bargaining unit members face the dire consequences of the budget shortfall. She spoke about the dollars spent to provide salary upgrades to a handful of folks while others lose their jobs. She talked about the heavy handed way local management is dealing with the union stewards and leadership. She asked that these issues be examined.

She spoke frankly because she felt she had nothing more to lose and the members have something to gain. Going out the door, not knowing what will happen to her, she still stood strong for the membership she had served all these years. She did it with class and she did it with integrity - asking nothing for herself and her situation. I'm proud of her. I hope you are too. She's a WFSE steward through and through. Please remember to thank your own stewards for the hard work they do and the risks they take as they fight for justice and enforce the contract.

Representative Chris Hurst Statement About DD Institutions

Proposed Rainier School Closure Ill-Informed, Ill-Advised
By State Representative Christopher Hurst
Once again in Washington State, there is another move to reduce or eliminate capacity of our state’s facilities for the developmentally disabled. These are our Residential Habilitation Centers (RHC’s) and there are five, strategically located in Buckley, Bremerton, Shoreline, Spokane and Yakima. They are home to some of our state’s most fragile and vulnerable citizens.
Attempts to close our RHC’s are always presented as a way to save the state money and provide more services to those thousands in our state so desperately in need of the very services our RHC’s provide. The facts, however, overwhelmingly support keeping existing capacity at our RHC’s. Existing needs actually support increasing our RHC’s ability to provide respite for those families at the very verge of collapse because of the pressures at home with a loved one, who demands everything from everyone. As an aging population with loved ones at home becomes desperate for loving care for their family members, demands for long term care increase and RHC’s offer an ideal setting for those who need the kind of loving sheltered environment offered at facilities like Rainier School in Pierce County.
Many still refer to our state’s RHC’s as institutions. That is simply not the case. Institutions for the developmentally disabled were deinstitutionalized in the early 1980’s and current facilities now offer secure campus like settings with individual cottages. Rainier School, in our own community, is typical of the state’s RHC’s with cottage homes, secure streets, a snack bar with easy access to those who are barely ambulatory, a recreation hall available to all, a gym, a swimming pool for therapeutic swimming, a dental clinic (many dentists in the community simply are not able to deal with this population) a medical clinic, and there is even a chapel for those who choose to attend worship services. Employment is available through various opportunities on site and off site.
The options for those residents who reside at Rainier, should it close, are pretty dismal. Most would be virtual prisoners in their apartments. The need for 24 hour care would severely restrict the ability of the resident to come and go. Many other services now available like dental care and a place to go to work just do not exist in most community settings. The Court decided years ago in the landmark Olmstead decision that residents should be given the choice of where they live so long as the professionals and the individual or their guardian agreed and that there is a suitable alternative place to go. The most desirable living arrangements should be those that are the least restrictive and the most integrated. In their zeal, advocates for closure of the RHC’s have dropped “least restrictive” and are only concerned with “most integrated.” The cost of providing the quality of life for the residents of our RHC’s in a setting without benefit of economies of scale would be so prohibitive that the state would be forced to cut services. In some cases those reductions in services would seriously impact not only the quality of life, but would impose serious safety and health threats as well. Many of these residents would be easy targets for victimization if they were forced to move from the Rainer School.
So, instead of seeking to restrict the services available to our most vulnerable and fragile neighbors, we should look to expand our ability to fill those voids currently existing in our community settings. RHC’s should be utilized to provide needed, and in many cases, missing services. Most notably these could be medical and dental clinics open to anyone on Medicaid because of developmental disabilities, therapeutic swimming programs, and training sites for students in medical school and other professional services, and outreach classes in self-reliance. Respite care to provide relief for families striving to care for loved ones at home, but unable to rest or recuperate is a desperately unfilled need. And finally, there should be someplace where people can live in safety and fulfillment, secure in the knowledge that their home is safe and will be there for them. Their home would not be lost because of zoning laws change or because their adult boarding home or apartment is placed on the auction block because of change in ownership. It is a moral imperative that the Rainier School remain open.
State Representative Christopher Hurst represents the 31st Legislative District, and worked as a police detective for 25 years.
hurst.christopher@leg.wa.gov
360-786-7866