December 2009 DSHS Union Management Meeting

These are the notes I took at the December 10, 2009 DSHS Union Management Communication Committee Meeting:

For the Union: Cecil Tibbetts, Carol Dotlich, Kathy Andruss, Gayle Chamberlain-Smith, Craig Gibelyou, Eric Kjesbu, Sandra Reynolds, Greg Davis, Patty Erhardt, Steve McGillis, Chevy Zarate, Daniel D’Haem, Steve Fossum, Julianne Moore

For Management: Jennifer Swogger, Linda Rolf, Nikki Barnard, Peggy Pulse, Jess Jamison, Troy Hutson, Cathy Leitch, Glen Christopherson, Richard Kellogg, Denise Revels Robinson, Susan Dreyfus, Doug Porter, Kelly Rupert, May Jo Nelson, David Stillman, John Clayton, Gary Robinson, Lisa Buccarelli, Terry Beck

FMLA forms and change in process. Members report that management is putting people on FMLA when they have used 3 days of leave for an illness or when their sick leave balance is low. Due to the way the new form is being implemented, the members are now put into reasonable accommodation absent their request. Members are required to pay doctors $25 to fill out the new form plus the co-pay and supervisors are requiring members to do this process. This is the opposite of what Susan Dreyfus said about how we would deal with H1N1. Previously, members were allowed to ask for FMLA or reasonable accommodation. Management states the forms were not intended to change the process. If that is happening, they will correct it in Region 2, Yakima Valley School and any others identified. Specific instances should be brought forward to Glen Christopherson.

Supervision of Social Workers by FSS5s. Management says the supervision is administrative and not a practice issue. Union asked for a letter clarifying what management means by “site management” and indicating which Social Worker Supervisor each SSW is professionally supervised by. The parties agreed to a future meeting to discuss the specific locations and supervisors involved.

Children’s Administration Ad Hoc committee. The parties agreed to a continuation of the committee. It will no longer be focused on the Brahm lawsuit but will deal with workload. Recommendations are due October 15, 2010. Later in the meeting, Susan Dreyfus clarified that Brahm discussions are not precluded from the agreement on the Children’s Administration Ad Hoc UMCC agreement prepared for signature today. Composition of the committee is already established as 6 – one from each region and this is a continuation of the current committee.

The HRSA Provider One committee remains the current team as well and will also continue.

Application of Skills and Abilities During Layoff Process. Management referred to contract language and explained the process using a specific example from WSH. T WSH, the senior Forensic Therapist received an option to the same job class at ESH. The member refused the option. The second most senior member in the same class was offered Institutional Counselor at WSH which is a demotion and was not given the ESH option. The members did not understand why the ESH option was not provided to the second most senior Forensic Therapist. Nikki Barnard explained that the most senior member had not held permanent status in the IC job class so as they looked for options within the county, then within the region, the statewide option was the only one available to this member. The second member had held permanent status in other job classes so was not offered the Forensic Therapist statewide and that member’s option became a demotion to a class where the member had previously held permanent status.

Court Ordered Staffing Plan in Forensic Service Unit at Eastern State Hospital. Greg Davis expressed frustration at being unable to address this issue successfully at the local level. Management expressed frustration that this has not been resolved through all these years. Management called a caucus to discuss the item with Mental Health administrators. Management stated in a sidebar that they agree the wards at ESH/WSH must be staffed safely but this item requires negotiation with LRO present. Union will decide to file a grievance or demand to bargain. Jess Jamison said he will review unsafe staffing level reports as soon as he returns to WSH. Outcome: Parties will engage to resolution. Susan Dreyfus clarified that when mental health staff report to work and it is unsafe, it must be reported immediately and go up the chain of command. Susan Dreyfus will shadow staff on the night shift in January.

Improper use of Job Classifications In Mental Health. Office Assistants, Food Service staff , Mailroom staff, etc. are being used to teach patients in the treatment mall at Eastern State Hospital. This issue was brought to local UMCC without resolution. Mental Health Tech 5s at Eastern State Hospital are assigning overtime and assigning overtime to themselves. Local UMCC at ESH have been unable to work it out. A meeting will be scheduled in early January for ESH.


Skimming of Bargaining Unit work at WSH A specific example was provided.

CSD Rollout Schedule
CSD Processing Times for Non-TANF & Non-LEP Applications
CSD Call-In Procedure for Unplanned Leave
DCS of the Future

For the CSD issues on the agenda (identified above) the union requested 2 UMCCs w/12 CSD activists allowed to participate on state time. Management will identify dates by the end of the week. The issue of TANF clients doing clerical work and supplanting permanent clerical workers was raised. Troy Hutson said management has been very transparent. He proposed that the conversations regarding DCS of the Future and Service Design Review be considered ESA conversation. Management reminded the Union that there is a Demand To Bargain on DCS of the Future.

During the union caucus the following members were identified as member representatives for CSD:

Gayle Chamberlain Smith (Dist 2), Daniel D’Haem (Region 4), Chevy Zarate (District 1), Billy Malcolm (Region 1), Russell Glatt (Region 2), Randy Kurtz (District 3), Chrys James ( Region 3), John Lindsey (District 4), Debbie Durkee (Region 5), Karen Mork (Region 6), Rod Sauer (District 6), Judith McMahon (Region 5)

For DCS the following member representatives were identified:

John Hoodenpyle
Carol Trisko
Eric Kjesbu

The parties agreed that two separate Ad Hoc committees will be established: one for CSD and one for DCS and that the committees will meet starting in January. Peggy Pulse and Debbie Brookman will work on setting up dates.

Susan Dreyfus commented that the changes in DCS are a permanent resetting of the way we do the work. The union clarified the expectation that labor designated representatives would be engaged and involved in the discussions.

Troy Hutson stated that for administrative reasons Leo Ribas is reassigned to HRSA during investigation. A notice has gone out via e-mail. Union asked if commitments made by Leo Ribas will be upheld. Troy Hutson said he did not know all of the agreements made but Leo Ribas was representing management when the commitments were made so the answer is yes. Babs Roberts will be stepping in on an interim basis.

CSD Staff Taking Rest Breaks The union asked for written or e-mail communication from management to supervisors that workers be provided adequate opportunity for rest and lunch breaks. Troy Hutson agreed to send out the memo.

Union asked if 2% ESA reduction had already occurred. Management said it was still in process. Union asked about the impact on the Office of Financial Recovery. Union asked if there will be reduction impacts on revenue agents, accountants and office assistants. Management stated it is too early to say. There is a Demand To Bargain pending on this issue with a March timeframe.

Management items on the agenda:

One Department Framework

Budget: Management provided a budget handout. Susan Dreyfus stated that the Governor will try to find 700 million dollars to support her stated goals. In JRA and DDD, management will try to satisfy home and community based desires. In DDD, a SOLA for children is a goal. In response to a question Cathy Leitch said there will be three children in a house and the timeframe is in the last fiscal year of this biennium. Some institutions are needed but some will close. Rainier will close one cottage and the facility will close in 2014. Francis Haddon Morgan will close in 2011. The strategy for JRA and DDD is to move quickly and management wants to engage employees now in the redesign. The Governor has directed the Secretary of DSHS to take any cut that can be taken without legislative action. She is to do it now. The things that require legislative action will be put forward in the upcoming session. The FTE reduction net number in DSHS after calculating in the increases and reductions is 258. The costs associated with caseload increase is calculated in. Denise Revels Robinson stated that in Children’s Administration, reduced time outside of the home is the goal. John Clayton said there will be some double bunking in JRA for kids considered minimal risk. There will be one cottage closure at Maple Lane and two at Green Hill school. Susan Dreyfus said she is looking for a talent management model from Human Resource department.

Ad Hoc Committees – agreements were prepared and signed off.

HANDOUTS: