STATE OF WASHINGTON
MARINE EMPLOYEES’ COMMISSION
Evergreen Plaza Building
P.O. Box 40902
Olympia, Washington 98504-0902
(360) 586-6354
Friday, February 26, 2010 – 10:00 a.m.
3rd Floor Conference Room, General Administration Building—Olympia
MINUTES
Present: Members and staff - John R. Swanson, Chairman
John M. Cox, Commissioner
Linda Hoverter, Special Assistant
Kathy Marshall, Administrator
Others - Dennis Conklin, Inlandboatmen’s Union of the Pacific
Karen Durant, Office of Financial Management Labor Relations Office
Jeff Duncan, Marine Engineers Beneficial Association
Glenn Frye, Office of Financial Management Labor Relations Office
Stephen Gore, Masters Mates & Pilots
Jerry Holder, Office of Financial Management Labor Relations Office
Benita Hyder, Office & Professional Employees International Union
Leah Maurseth, Washington State Ferries Labor Relations
Jeff Pelton, Washington State Department of Transportation
Tim Saffle, Masters Mates & Pilots
Robert Scott, Puget Sound Metal Trades
Sue Shea, Hay Group
David Slown, Assistant Attorney General-Washington State Ferries
Harry Thompson, Puget Sound Metal Trades
Jay Ubelhart, Inlandboatmen’s Union of the Pacific
Steven Walker, Marine Engineers Beneficial Association
The meeting was called to order at 10:03 a.m.
Moved, seconded and carried: to adopt the agenda distributed at the meeting.
Moved, second and carried: to approve the minutes of the January 22, 2010 meeting.
2010 Salary Survey Presentation
Sue Shea of Hay Group presented an overview of the 2010 salary survey. Copies of the survey were distributed to management and unions present. The floor was then opened for questions and discussion followed. Commissioner Swanson announced that all parties to the survey have until noon on Friday, March 5, to review the survey and respond with questions or concerns. This will give the Hay Group one week to make any necessary corrections or amendments. If there are no concerns, the Commission will move to accept the survey by 5pm Friday, March 12 and it will then be posted on the Commission’s web site on Monday, March 15.
STATUS OF CASES
MEC Case No. 19-06
IBU v. WSF —Unfair labor practice complaint filed 1/27/06 in which IBU charges WSF with interference, domination, discouraging union membership, and refusal to bargain: 1) selective implementation of 01-03 collective bargaining agreement-LWOP; and 2) failure to abide by MEC Case 2-06 settlement. On 9/14/09, Examiner Swanson conducted the hearing (Count 2 of Case 17-08). Transcript was received 10/6/09. Briefs were timely filed—both received 11/13/09. On 12/8/09, MEC entered Decision and Order, Dec. No. 572-MEC. On 1/4/10, WSF filed a Petition for Judicial Review of MEC Decision No. 572. The case has been assigned to Judge Paula Casey and a status conference scheduled for 4/9/10. An Affidavit of Prejudice was filed by WSF on 2/22/10. The case has been reassigned to Judge Hicks.
MEC Case No. 10-08
IBU v. WSF—Unfair labor practice complaint filed 12/21/07 in which IBU charges WSF with interference, refusal to bargain. Specifically IBU charges WSF with unilateral implementation of payroll system—pay discrepancies. On 5/30/08, Paul Ganalon reported that he is scheduling a meeting with IBU to also include Joe Escobar from Payroll in Olympia. IBU has questions that can only be answered by a payroll expert. On 9/26/08 Paul Ganalon reported that Mr. Covington from Payroll in Olympia addressed IBU questions in the parties’ last Joint Labor Relations Committee meeting. Dennis Conklin noted that all issues are not resolved. IBU and WSF continue to work on the problems. On 2/27/09 Dennis Conklin reported that IBU met with WSF last week; WSF intends to get back to IBU to address some concerns. On 3/27/09, AAG Slown reported the parties are still working with Payroll in Olympia to resolve the issue. On 4/24/09, Dennis Conklin reported there are some discrepancies on payment of sick leave and overtime. Paul Ganalon stated that several people from Payroll in Olympia are working on the issue with the parties. On 5/29/09, Paul Ganalon reported that WSF is still working with Payroll in Olympia to resolve the problems and will give IBU an update. On 6/26/09, Jay Ubelhart, IBU, reported there are still problems to be worked out. On 7/24/09, Jay Ubelhart reported that some new problems developed in July. On 9/25/09, Paul Ganalon reported WSF is still working to resolve some problems. On 10/23/09, Jay Ubelhart reported the parties have not met recently on this issue. He said IBU would discuss the case and decide what to do to move it along. As of 2/26/10, IBU reported that the parties have not gotten back to this issue yet.
MEC Case No. 16-08
MEBA v. WSF—On 7/24/09, MEC entered Decision and Award, Dec. No. 563-MEC. On 8/12/09, WSF filed a Petition for Reconsideration of Attorney’s Fees. MEC received MEBA’s Response to the Petition on 8/20/09. On 9/8/09, MEC entered Order Denying WSF’s Petition for Reconsideration of Attorney’s Fees, Dec. No. 563-A MEC. On 10/8/09, WSF filed a petition with Thurston County Superior Court for review of MEC’s decision awarding attorney’s fees. At the parties’ request on 10/16/09, Arbitrator Cox extended his jurisdiction over the award in Decision 563-MEC, an additional 60 days beyond the original 90. On 12/4/09, AAG Slown reported that the parties reached agreement on the retro portion of the award through 8/31/09; checks will issue with the 12/10 payroll. The parties intend to submit the signed agreement to the Arbitrator for approval. On 1/8/10, a status conference was held on the petition for review. Thurston County Superior Court has scheduled the hearing for 8/27/10. On 1/22/10, Jeff Duncan reported that members have been paid the retro portion of the award through 8/31/09. The parties continue discussions to resolve how the issue will be handled going forward.
MEC Case No. 17-08
IBU v. WSF—Unfair labor practice complaint filed 4/4/08 in which IBU charges WSF with interference and refusal to bargain. Specifically IBU charges WSF with failure to honor the interim arbitrator’s award and MEC settlement regarding retroactive vacation. On 9/14/09, Examiner Swanson conducted the hearing (Count 2 of Case 17-08). Transcript was received 10/6/09. Briefs were timely filed—both received 11/13/09. On 12/8/09, MEC entered Decision and Order, Dec. No. 572-MEC. On 1/4/10, WSF filed a Petition for Judicial Review of MEC Decision No. 572. The case was assigned to Judge Paula Casey and a status conference is scheduled for 4/9/10. An Affidavit of Prejudice was filed by WSF on 2/22/10. The case has been reassigned to Judge Hicks.
MEC Case No. 21-08
IBU v. WSF—Unfair labor practice complaint filed 6/20/08 and amended 6/23/08 and again 6/26/08 in which IBU charges WSF with interference and refusal to bargain. Specifically IBU charges WSF with a unilateral change in the working conditions of unlicensed deck department employees (filling open assignments for Summer 2008). The parties reached agreement on issues 1 and 2; IBU provided MEC with a copy on 10/24/08. During MEC settlement on 11/7/08, the parties reached agreement on a third issue. On 1/7/09, WSF filed its Answer to the Amended Complaint. On 1/21/09, the parties gathered for the hearing, but it did not proceed. IBU and WSF spent some time discussing the issue. They agreed to convert the 2/6/09 hearing in Consolidated Cases 19-06 and 17-08 to another settlement conference (without mediator) for Case 21-08. Hearing was continued to 3/3/09, but later cancelled due to IBU Counsel’s unavailability. On 2/27/09, AAG Slown reported the parties have reached a tentative agreement resolving the remainder of this case. AAG Don Anderson is drafting settlement language. On 4/24/09, the parties reported counsel are reviewing settlement language. On 7/24/09, AAG Slown reported that management believes this matter has been completely settled; however, Jay Ubelhart stated he believes there’s still one outstanding issue. The parties will follow up on this. On 9/25/09, IBU requested that a hearing be scheduled on the issue of assignment of AB work. On 12/4/09, Chairman Swanson reminded the parties that their “Dispatch Rules” settlement provides for resolution of related disputes such as this one through private arbitration with Liz Ford. AAG Slown will discuss this with IBU Counsel. On 2/26/10, IBU and WSF reported they are communicating with Liz Ford to schedule the remaining issue for arbitration.
MEC Case No. 15-09
IBU v. WSF—Unfair labor practice complaint filed 5/29/09 in which IBU charges WSF with interference and discouraging union membership. Specifically IBU charges WSF with violation of Dec. 518-A MEC (failure to hire R. Jackson as On-call Traffic Attendant). On 2/16/10, Examiner Warren conducted the hearing. Transcript is due on 3/10/10. Briefs are to be simultaneously mailed on 4/9/10.
MEC Case No. 17-09
OPEIU Local 8 v. WSF—Unfair labor practice complaint filed 6/10/09 in which OPEIU charges WSF with interference and domination. Specifically OPEIU charges WSF with assignment of bargaining unit work to non-bargaining unit personnel (personnel asst. 1 & 2/Human Resource Consultant Asst. 2. On 12/22/09, Suzanne Mode notified MEC that the matter is settled. On 1/6/10, OPEIU provided MEC with a copy of the parties’ signed settlement agreement and OPEIU’s withdrawal of Case 17-09. On 2/5/10, MEC entered Order Closing Settled Complaint, Dec. No. 577-MEC.
MEC Case No. 18-09
IBU v. WSF—Grievance filed 6/15/09 in which IBU alleges WSF filled a temporary vacancy in a year-around position. Commissioner Cox has been assigned as Arbitrator. On 8/31/09, IBU Counsel requested the 9/9 hearing be continued; grievant is not available on that date. WSF Counsel did not object. Hearing Examiner Cox cancelled the 9/9 hearing date, rescheduling for 1/22/10. Due to an unexpected conflict, the Arbitrator has had to cancel the 1/22/10 hearing date. The hearing was continued to 3/8/10. On 2/19/10, IBU requested the 3/8 hearing be continued because the Union’s primary witness was not available. WSF did not object. Arbitrator Cox granted the request. The 3/8/10 hearing date has been cancelled. MEC will reschedule.
MEC Case No. 19-09
IBU v. WSF—Unfair labor practice complaint filed 6/26/09 in which IBU charges WSF with discouraging union membership and refusing to bargain. Specifically WSF did not restore employee parking at the Bainbridge terminal following completion of a construction project. On 1/5/10, Examiner Cox conducted the hearing. MEC received the transcript on 1/26/10. On 2/10/10, AAG Slown requested the brief filing date be extended two weeks. IBU Counsel Rob Lavitt did not object. Examiner Cox has extended the due-date for submission of briefs to 3/5/10.
MEC Case No. 1-10
OPEIU Local 8 v. WSF—Unfair labor practice complaint filed 8/3/09 in which OPEIU charges WSF with interference and refusal to bargain. Specifically OPEIU alleges WSF centralized payroll in Olympia. On 12/22/09, Suzanne Mode notified MEC that the matter is settled. On 1/6/10, OPEIU provided MEC with a copy of the parties’ signed settlement agreement and OPEIU’s withdrawal of Case 1-10. Case is to be closed. On 1/8/10, an Order of Dismissal was entered in Thurston County Superior Court related to the injunctive relief issue. On 2/5/10, MEC entered Order Closing Settled Complaint, Dec. No. 576-MEC.
MEC Case No. 2-10
IBU v. WSF—Unfair labor practice complaint filed 10/2/09 in which IBU charges WSF with domination, discouraging union membership, refusal to bargain. Specifically IBU alleges WSF has implemented a new policy and procedure covering employees’ accumulation of compensatory time for holidays and overtime (Rules 10 and 24), without negotiating with the Union. On 1/19/10, the IBU and WSF participated in a settlement conference, but were unable to resolve the issue. MEC found it necessary to cancel the 2/16/10 hearing date for Case 2-10 and use it to reschedule the hearing in Case 15-09. The 2/2/10 Answer filing deadline has also been cancelled. Commissioner Cox has been reassigned as Examiner and the hearing continued to 6/24/10. WSF’s Answer to the Complaint is to be filed on or before 6/10/10.
MEC Case No. 3-10
IBU v. WSF—Unfair labor practice complaint filed 10/6/09 in which IBU charges WSF with discouraging union membership, refusal to bargain. Specifically IBU alleges WSF unilaterally implemented a new payroll overpayment procedure. On 12/4/09, IBU requested the 1/27 settlement conference be rescheduled; IBU has an unavoidable conflict. AAG Anderson did not object to the request. MEC cancelled the 1/27 settlement. On 12/4/09, IBU also proposed converting the 3/3/10 hearing date to a settlement conference. Examiner Cox granted the request. The 3/3/10 hearing has been cancelled, as well as the 2/17/10 answer date. A settlement conference is now scheduled for 3/3/10, the hearing for 4/21/10. WSF’s Answer to the Complaint is to be filed on or before 4/7/10. Due to Commissioner Warren’s unavailability, Chairman Swanson has been reassigned as Mediator for the 3/3 settlement conference.
MEC Case No. 4-10
MEBA v. WSF —Unfair labor practice complaint filed 10/30/09 in which IBU charges WSF with interference, discouraging union membership, refusal to bargain. Specifically IBU alleges WSF with SCE schedule change while in shipyard. On 1/14/10, the parties participated in a settlement conference with Chairman Swanson. MEBA requested further information from WSF; a second settlement conference may be needed. The hearing remains scheduled for 4/15/10. WSF’s Answer to the Complaint is to be filed on or before 4/1/10.
MEC Case No. 5-10
IBU v. WSF—Unfair labor practice complaint filed 11/5/09 in which IBU charges WSF with interference, discouraging union membership, refusal to bargain. Specifically IBU alleged WSF failed to provide information related to fact-finding meetings. On 1/19/10, IBU and WSF participated in a settlement conference. The matter may be resolved; if, after time, IBU sees it is receiving requested information prior to fact-finding meetings. The hearing remains scheduled for 4/28/10. WSF’s Answer to the Complaint is to be filed on or before 4/14/10. On 1/22/10, Jerry Holder reported that the parties are continuing their discussion of this issue.
MEC Case No. 6-10
IBU & MM&P v. WSF—Unfair labor practice complaint filed 11/24/09 in which IBU & MM&P charge WSF with interference and refusal to bargain. Specifically IBU & MM&P allege WSF unilaterally implemented a shortened bid period for the Winter 2010 schedule. A settlement conference is scheduled for 3/22/10, the hearing for 5/26/10. WSF’s Answer to the Complaint is to be filed on or before 5/12/10.
MEC Case No. 7-10
IBU v. WSF—Unfair labor practice complaint filed 11/5/09 in which IBU charges WSF with interference and refusal to bargain. Specifically IBU alleges that WSF has failed to abide by Rule 3.04/single day vacation hours. A settlement conference is scheduled for 3/12/10, the hearing for 6/9/10. WSF’s Answer to the Complaint is to be filed on or before 5/26/10.
MEC Case No. 8-10
MM&P v. WSF—Unfair labor practice complaint filed 12/21/09 in which MM&P charges WSF with refusal to bargain. Specifically IBU alleges WSF failed to adhere to the terms of the memorandum of understanding which provided for an agreement to negotiate and arbitrate a replacement for the Dispatch By Seniority program if either party elected to terminate that agreement. A settlement conference is scheduled for 4/26/10, the hearing for 6/17/10. WSF’s Answer to the Complaint is to be filed on or before 6/3/10.
MEC Case No. 9-10
IBU v. WSF (Keith Hunt)—Grievance filed 1/27/10 in which IBU alleges WSF failed to pay Keith Hunt travel time and mileage for days worked in Anacortes in the summer of 2009. Commissioner Cox has been assigned as Arbitrator. Settlement conference and hearing are to be scheduled.
MEC Case No. 10-10
IBU & MM&P v. WSF—Unfair labor practice complaint filed 2/4/10 in which IBU & MM&P charge WSF with interference and refusal to bargain. Specifically IBU & MM&P allege WSF refuses to consider proposals for crew schedules due to a grievance over payment for employees working non-conforming shifts. Forwarded to Commissioners for review.
MEC Case No. 11-10
Jonathan Pearson v. WSF—Unfair labor practice complaint filed 2/12/10 in which Mr. Pearson charges WSF with interference, domination, discouraging union membership, discrimination, and refusal to bargain related to Mr. Pearson’s termination. Forwarded to Commissioners for review.
MEC Case No. 12-10
Jonathan Pearson v. MM&P—Unfair labor practice complaint filed 2/16/10 in which Mr. Pearson charges WSF with restraint, coercion; causing employer discrimination; refusal to bargain/failure to represent (Termination). Forwarded to Commissioners for review.
STATUS OF COLLECTIVE BARGAINING 2011-2013
On 1/22/10, Jerry Holder, LRO, reported that arbitrators have been selected for all potential arbitrations; however, dates have not been scheduled for all of them yet.
FASPAA................................ Negotiations are scheduled to begin in May.
IBU........................................ Negotiations are scheduled to begin in February. Interest arbitration dates are
set for 8/2-6/10.
MEBA.................................... Negotiations are scheduled to begin in June.
MM&P.................................. Negotiations are scheduled to begin the last week in April.
Oper. Watch Superv’s........... Negotiations are scheduled to begin in February.
Metal Trades......................... Negotiations are scheduled to begin in March.
OPEIU.................................... Negotiations are scheduled to begin in May.
SEIU...................................... Negotiations are scheduled to begin in June.
OFM/LRO Negotiator Jerry Holder: IBU, MM&P,
Operations Watch Supervisors, Metal Trades
OFM/LRO Negotiator Glenn Frye: FASPAA, MEBA, OPEIU, SEIU
ADMINISTRATIVE REPORT
Impasse Resolution Rules Change
Proposed changes to WAC 316-55 were submitted to MEC’s assistant attorney general for review; the changes have now been submitted to the Code Reviser’s Office for publication in Washington State Register WSR-10-06-037, to be published 3/17/10.
House and Senate Transportation Budgets
The Senate 2009-11 Revised Transportation budget and the House 2009-11 Revised Transportation budgets were released this week. MEC’s budget is kept nearly whole with a reduction of $4,000 listed in both budgets.
MEC Travel Review
MEC’s travel policy requires the Commissioners to review travel expenses for all agency employees every 6 months. Since there was no quorum of Commissioners at the January 2010 meeting, review of travel expenses has been held over to this meeting. Chairman John Swanson moved and Commissioner John Cox seconded the motion to approve the travel expenses for the employees of the Marine Employees’ Commission for July 1, 2009 to December 31, 2009.
Meeting adjourned at 11:15 a.m.
Next meeting:
Friday, March 26, 2010, 10:00 a.m., Evergreen Plaza Building, 2nd Floor Conference Room 711 Capitol Way South, Olympia