STATE OF WASHINGTON
MARINE EMPLOYEES’ COMMISSION
Evergreen Plaza Building
P.O. Box 40902
Olympia, Washington 98504-0902
(360) 586-6354
Friday, January 22, 2010 – 10:00 a.m.
2nd Floor Conference Room, Evergreen Plaza Building—Olympia
MINUTES
Present: Members and staff - John R. Swanson, Chairman
Linda Hoverter, Special Assistant
Kathy Marshall, Administrator
Others - Jeff Duncan, Marine Engineers Beneficial Association
Jerry Holder, Office of Financial Management Labor Relations Office
Leah Maurseth, Washington State Ferries Labor Relations
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 10:06 a.m.
The meeting agenda was accepted by the Chairman because there was no quorum of Commissioners.
The minutes of the December 4, 2009 meeting were approved by the Chairman because there was no quorum of Commissioners.
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.
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. On 12/4/09 and 1/22/10, 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. A status conference is scheduled for 1/8/10. 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 has been assigned to Judge Paula Casey and a status conference is scheduled for 4/9/10.
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 1/22/10, Jay Ubelhart, IBU, reported he understands counsel are communicating over scheduling the remaining issue for arbitration with Liz Ford.
MEC Case No. 2-09
IBU v. WSF—Unfair labor practice complaint filed 9/3/08 in which IBU charges WSF with interference and refusal to bargain. Specifically IBU charges WSF with assignment of work to non-union, non-bargaining unit worker. On 10/23/09, Jay Ubelhart reported the parties are close to reaching agreement employing retirees. On 12/4/09, IBU withdrew its complaint. On 12/30/09, MEC entered Order Closing Settled Complaint, Dec. No. 575-MEC.
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 9/29/09, the parties participated in a settlement conference with Chairman Swanson, but were unable to reach agreement. On 11/4/09, WSF filed its Answer to the Complaint. Due to an unexpected conflict, Hearing Examiner Warren had to cancel the 11/18/09 hearing. The hearing was continued to 2/4/10. On 1/19/10, an unavoidable conflict arose for Examiner Warren. The 2/4/10 hearing has been cancelled. A new hearing date will be coordinated with the parties.
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. Case is to be closed.
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 7/30/09, the parties participated in a settlement conference with Chairman Swanson, but were unable to resolve the issue. 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 has been continued to 3/8/10.
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. Transcript is due 1/26/10. Briefs are to be simultaneously mailed on 2/19/10.
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.
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. MEC will coordinate with the parties to reschedule Case 2-10.
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. Following review, the Commission determined that the facts alleged may constitute an unfair labor practice, if later found to be true and provable. 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 alleges WSF unilaterally implemented a shortened bid period for the Winter 2010 schedule. Following review, the Commission determined that the facts alleged may constitute an unfair labor practice, if later found to be true and provable. 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 WSF with failure to abide by Rule 3.04/single day vacation hours. Following review, the Commission determined that the facts alleged may constitute an unfair labor practice, if later found to be true and provable. A settlement conference is scheduled for 3/12/10, the hearing for 6/9/10.
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. Following review, the Commission determined that the facts alleged may constitute an unfair labor practice, if later found to be true and provable. A settlement conference and hearing are to be scheduled.
STATUS OF COLLECTIVE BARGAINING 2011-2013
AAG Slown reported that the Unions and WSF are taking steps to sign arbitration agreements by November 1, 2009, pursuant to RCW 47.64.170. The agreements will contain the name of the selected arbitrator, as well as dates for bargaining and interest arbitration for each of the ferry employee contracts.
On 12/4/09, AAG Slown reported that arbitrators have been selected for all of the collective bargaining agreements. IBU interest arbitration dates are set for 8/2-8/6/10. The parties are working on scheduling arbitration dates for the other contracts.
ADMINISTRATIVE REPORT
Impasse Resolution Rules Change
No comments were received by the deadline of January 15, 2010. Proposed changes will be submitted to MEC’s assistant attorney general for review before the submission process begins.
MEC Budget
MEC received its financial reports for November 2009—expected expenditures should be 21%; MEC has spent 18%.
MEC Financial Audit
All state agencies are audited each biennium. MEC’s financial audit commenced November 17, 2009 and concluded January 6, 2010. The auditor’s office recommended several policy changes as a result of the new HRMS system; MEC revised those policies to include the recommended language. No findings were reported in this audit.
Salary Survey Update
Hay Group is following up to verify submitted salary survey data due to some data being incomplete. The 2010 salary survey report will be presented at the February 26, 2010 MEC public meeting.
MEC Travel Review
MEC’s travel policy requires the Commissioners to review all travel expenses for all employees in the agency every 6 months. All the Commissioners have finished reviewing July 1, 2009 to December 31, 2009, but with no quorum of Commissioners, this item of business will be held over to the February 2010 meeting.
Next meeting:
Friday, February 26, 2010, 10:00 a.m., General Administration Building, Conference Room 330,
210 11th Avenue, Olympia