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.
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