STATE OF WASHINGTON
MARINE EMPLOYEES’ COMMISSION
Evergreen Plaza Building
P.O. Box 40902
Olympia, Washington 98504-0902
(360) 586-6354
Friday, March 27, 2009 – 10:00 a.m.
2nd Floor Conference Room, Evergreen Plaza Building—Olympia
MINUTES
Present: Members and staff - Patricia Warren, Commissioner
John Cox, Commissioner
Linda Hoverter, Special Assistant
Kathy Marshall, Administrator
Others - Jeff Duncan, Marine Engineers Beneficial Association
Glenn Frye, OFM Labor Relations
Jerry Holder, OFM Labor Relations
Leah Maurseth, Washington State Ferries Labor Relations
Jeff Pelton, Washington State Dept. of Transportation
Tim Saffle, Masters Mates & Pilots
Mark Schutter, Dept. of Transportation Labor Relations
David Slown, Assistant Attorney General
Harry Thompson, International Brotherhood of Electrical Workers
Steven D. Walker, Marine Engineers Beneficial Association
The meeting was called to order at 10:08 a.m.
Moved, seconded and carried: to adopt the agenda distributed at the meeting.
Moved, second and carried: to approve the minutes of
the February 27, 2009 meeting.
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. During a third settlement conference on 10/30/06, IBU and WSF settled this matter. The parties agreed that MEC would retain jurisdiction through the first pay period of January 2007. On 2/23/07, John Dryer noted that WSF was having some difficulty processing the retroactive vacation awards for retirees; the new HRMS (state payroll system) created problems. WSF is working to comply with the agreement. On 3/23/07, IBU reported that retirees have received their checks, but there were questions about some of those amounts. On 4/27/07, John Dryer asked Dennis Conklin to provide a list of employees with reported errors in their checks. On 7/2707, John Dryer reported that WSF’s payroll department will be sending out a notice to each employee explaining how their pay was calculated. During the 8/29/07 meeting, AAG Slown confirmed this has occurred. On 9/28/07 Dennis Conklin reported the parties plan to meet on 10/2/07 to discuss pay calculations, after which they will analyze reported paycheck errors. On 10/26/07 John Dryer reported that the parties met again on 10/22/07 to try to resolve questions/issues around the retro pay. The issue is very complex—going back to 2001. WSF will try to answer questions raised at the last meeting within ten days. On 12/14/07, the parties reported they are still discussing this matter; some issues are resolved. On 1/25/08 John Dryer and Dennis Conklin reported they met on 1/23/08 and will be meeting again shortly. Mr. Dryer explained there are still several critical issues to answer. Once an agreement has been finalized, WSF will issue retro vacation payments and allow a short window for disputes. On 2/29/08, Paul Ganalon, WSF Labor Relations, reported the parties met about 10 days ago and are scheduled to meet again 3/7 to continue discussion. On 3/28/08, Margaret Pelland reported that the 3/7 meeting was cancelled. On 4/25/08, Paul Ganalon reported that the parties intend to stay after the MEC meeting adjourns to share some figures and discuss the issue further. On 5/30/08, Paul Ganalon reported that he meets with IBU the first week in June. WSF is scheduled to issue vacation payments with the 6/10 payroll. On 6/20/08, Paul Ganalon reported he met with IBU on 6/13. Checks were sent out on 6/10; the parties are discussing some unresolved issues with Payroll people in Olympia. They meet again on 7/3. On 7/25/08, the parties reported they are still discussing this matter. On 9/26/08, Paul Ganalon reported that payment has been sent out to IBU members; however, IBU is not satisfied with the outcome. During MEC’s 12/12/08 public meeting, AAG David Slown proposed Case 19-06 be consolidated with Case 17-08 for hearing. IBU agreed. Case 17-08 is currently scheduled for hearing on 2/6/09. On 12/24/08, MEC issued a notice consolidating Cases 19-06 and 17-08 for hearing on 2/6/09. On 1/22/09, IBU and WSF agreed to convert the 2/6 hearing to another settlement conference for Case 21-08. The 2/6/09 hearing for Cases 19-06 and 17-08 and the 1/23 answer filing date for WSF have been cancelled. MEC will reschedule. On 1/23/09, AAG Slown noted he hopes to still receive a letter from IBU Counsel detailing the remaining open issues in these cases. Dennis Conklin, IBU, stated he believes there are two issues remaining unresolved; he offered to follow-up on this with IBU counsel. On 2/27/09 AAG Slown reported he has not received a written statement of the remaining disputed issues, but will write to IBU Counsel and request one. The hearing has been continued to 4/29/09. WSF’s Answer to the Consolidated Complaints is to be filed on or before 4/15/09.
MEC Case No. 23-07
IBU v. WSF (Johnston et al.)—Grievance filed 4/20/07 in which IBU alleges WSF incorrectly applied rules governing insurance benefits eligibility. On 7/23/07 and 8/17/07, the parties participated in settlement conferences; progress was made. On 8/17/07, the parties jointly requested the 8/22 hearing date be converted to a second settlement conference. Arbitrator Sullivan granted the request. On 8/22/07, the parties continued settlement discussions without the assistance of the mediator; Chairman Swanson was not available that day. Progress was made. IBU was considering WSF’s offer. On 10/26/07, AAG Slown reported that WSF sent an offer to IBU counsel; no response was received yet. As of 1/25/08, AAG Slown had spoken to IBU Counsel, who was looking into a class action filed on this issue. On 2/29/08, AAG Slown stated he has heard nothing more on this case. On 6/17/08, the parties participated in another settlement conference with Chairman Swanson. Information was exchanged. The matter was not resolved, but is still under discussion. On 7/25/08, Paul Ganalon reported that the matter is still under discussion. On 9/26/08, Dennis Conklin reported that part of this case is settled. Counsel for the parties are discussing the rest. On 10/31/08, the parties indicated that further action on this issue is likely deferred, pending the outcome of a class action filed on behalf of another group of state employees. On 3/27/09, AAG Slown reported this matter is partially settled.
MEC Case No. 9-08
IBU v. WSF—Unfair labor practice complaint filed 12/19/07 in which IBU charges WSF with interference, refusal to bargain. Specifically IBU charges WSF with unilateral change—discipline of employees for smoking. A settlement conference and hearing are to be scheduled. By letter on 2/7/08, Dennis Conklin requested the case be held in abeyance for 60 days following the parties’ Joint Labor Relations Committee (JLRC) meeting, scheduled on 3/4/08. No action will be taken by the MEC on this matter until at least 5/5/08. On 2/29/08, Paul Ganalon, WSF, reported the parties are still scheduled to meet and discuss this complaint on 3/4/08. On 3/13/08, Margaret Pelland advised MEC that IBU is ready to have this matter scheduled. On 5/8/08, the parties participated in a settlement conference but were unable to resolve this matter. The hearing remains scheduled for 6/26/08. On 5/21/08, WSF filed a Motion to Make Complaint More Definite and Certain requesting the Hearing Examiner order IBU to file an Amended Complaint to include specific information required by WAC 316-45-050(3). On 6/3/08, Examiner Swanson issued Order Granting WSF’s Motion. IBU is to file its amended complaint on or before 6/13/08. The 6/26 hearing date and 6/12 answer date have been cancelled. On 6/13/08, MEC received IBU’s Amended Complaint. The hearing was continued to 10/21/08. WSF filed its Answer to the Complaint on 10/6/08. On 10/17/08, IBU counsel requested the 10/21 hearing be continued; witnesses were unavailable. WSF counsel did not object. Hearing Examiner Swanson cancelled the 10/21 hearing date. MEC staff will contact the parties to reschedule. The parties continued settlement discussions on their own on 10/21/08, making significant progress. On 10/31, AAG Slown reported they intend to continue working on the issue. IBU requested MEC schedule another settlement conference with mediator present for 2/3/09. During the 2/3 settlement conference, the parties reached a tentative agreement. On 2/27, the parties signed their final agreement; IBU provided MEC with a copy. Case is to be closed.
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. The Commission has directed MEC staff to schedule a settlement conference. By letter on 2/7/08, Dennis Conklin requested the case be held in abeyance for 60 days following the parties’ Joint Labor Relations Committee (JLRC) meeting, scheduled on 3/4/08. No action will be taken by the MEC on this matter until at least 5/5/08. On 2/29/08, Paul Ganalon, WSF, reported the parties are still scheduled to meet and discuss this complaint on 3/4/08. On 3/28/08, Margaret Pelland reported the parties met once and are still discussing the issue. On 4/25/08, Paul Ganalon reported that WSF will share information with IBU at their next Labor Relations Committee meeting on 5/12. 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 6/20/08, Paul Ganalon reported he is scheduling a meeting between the parties, Payroll and Accounting in Olympia. On 7/25/08, Paul Ganalon reported that schedules are a serious challenge this time of year due to collective bargaining. He is continuing to try to find a date. 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 1/23/09, Paul Ganalon noted that the parties have not revisited this issue recently, but will get back to it. 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.
MEC Case No. 16-08
MEBA v. WSF—Grievance filed 3/14/08 in which MEBA alleges WSF has failed to pay for changeover time. Commissioner Warren has been assigned as arbitrator. As of 4/25/08, the parties are still discussing the issue. On 6/23/08, the parties participated in a settlement conference with Chairman Swanson. On 7/25/08, Assistant Attorney General Slown reported that he and MEBA Counsel are communicating over this issue. On 7/30/08, MEBA Counsel Mike McCarthy notified MEC that the parties were not able to finalize a settlement and requested a hearing be scheduled. A hearing was scheduled for 12/17/08; however, December 12 Commissioner Warren announced she had an unexpected conflict. The hearing was continued to 3/6/09. On 1/7/09, AAG Slown notified MEC that Jerry Holder, LRO (a necessary participant) is not available for the 3/6 hearing and asked that it be rescheduled. Arbitrator Warren granted the request. The hearing has been continued to 4/3/09.
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. A settlement conference was scheduled for 7/15/08; however on 6/25 MEC cancelled it in order to expedite another IBU matter (Case 21-08). By phone on 7/22/08, IBU reported the parties are working on this. On 7/25/08, AAG Slown reported he is reviewing a proposal from IBU Counsel Rob Lavitt. The parties are close to resolution on 3 of 4 issues. A settlement conference and hearing may need to be scheduled on one issue. On 8/29/08, IBU requested that MEC schedule the case. On 10/31/08, the parties participated in a settlement conference with Commissioner Warren. On 11/14/08, IBU provided MEC with a copy of the parties’ signed partial settlement agreement; several issues were resolved. The parties agreed that issues contained in Counts 2 and 3 of the complaint remain unresolved. On 12/12/08, WSF proposed consolidation of this case with Case 19-06 for hearing; IBU agreed. On 12/24/08, MEC issued notice consolidating Case 19-06 and 17-08 for hearing on 2/6/09. On 1/22/09, IBU and WSF agreed to convert the 2/6 hearing to another settlement conference for Case 21-08. The 2/6/09 hearing for Cases 19-06 and 17-08 and the 1/23 answer filing date for WSF were cancelled. The hearing has been continued to 4/29/09. WSF’s Answer to the Consolidated Complaints is to be filed on or before 4/15/09. On 1/23/09, AAG Slown noted he hopes to still receive a letter from IBU Counsel detailing the remaining open issues in these cases. Dennis Conklin, IBU, stated he believes there are two issues remaining unresolved. On 2/27/09, AAG Slown reported he has not received a written statement of the remaining disputed issues but will write to IBU Counsel and request one.
MEC Case No. 18-08
IBU v. WSF—Unfair labor practice complaint filed 4/18/08 in which IBU charges WSF with interference and refusal to bargain. Specifically IBU charges WSF with a unilateral change in continued benefit coverage for employees on medical leave. On 7/21/08, the IBU and WSF participated in a settlement conference with Commissioner Sullivan; they were unable to resolve the issue. The parties are still discussing. On 9/24/08 WSF filed its Answer to the Complaint. The 10/14/08 hearing was continued to 2/11/09 when an unexpected conflict arose for Hearing Examiner Warren. On 2/6/09, the parties requested the 2/11 hearing be converted to another settlement conference. Examiner Warren granted the request; the hearing was cancelled. The parties continued settlement discussions on 2/11/09 without mediator assistance; they are making progress. On 2/27/09 AAG Slown reported he expects to have a proposal out next week. Dennis Conklin noted that he found a past settlement concerning this issue and will provide WSF with a copy. On 3/27/09, AAG Slown reported he still needs to get a proposal to IBU.
MEC Case No. 20-08
MM&P v. WSF—Unfair labor practice complaint filed 5/27/08 in which MM&P charges WSF with refusal to bargain. Specifically MM&P charges WSF with unilateral failure to adhere to the terms of the Collective Bargaining Agreement when changing a Second Mate on the Hiyu with a Chief Mate on the Sealth. On 7/25/08, the parties participated in a settlement conference. Although the issue was not resolved, progress was made and discussion is continuing. On 9/24/08, WSF filed its Answer to the Complaint. On 10/3/08, MM&P Counsel requested the 10/10 hearing be cancelled; the parties agreed to defer this matter to grievance arbitration. Hearing Examiner Swanson cancelled the 10/10 hearing date. On 3/27/09, Capt. Tim Saffle informed the Commission that MM&P will withdraw this complaint. Upon receipt of MM&P’s withdrawal, the case will be closed.
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). IBU requested an expedited hearing based upon the negative impact on IBU members when the Summer Schedule is implemented on 6/22/08. On 6/23/08, IBU filed an amendment to its complaint to respond to question 6 on the filing form. On 6/26/08, IBU amended its complaint to add allegations of additional unilateral changes in working conditions for the Summer Season. During the 7/15/08 settlement conference, the parties made significant progress toward resolving the matter. They agreed it is unnecessary to schedule a hearing at this time. On 7/25/08, AAG Slown reported that counsel are communicating over agreement language. Most of this complaint should be settled. A second settlement conference will be scheduled for any remaining unresolved issues. On 8/29/08, IBU requested a hearing also be scheduled. On 10/24/08, IBU provided MEC with a copy of the parties’ agreement resolving issues 1 and 2 of the complaint. During the MEC settlement on 11/7/08, the parties reached agreement on a third issue. Only issue 4 remains open. 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. The parties were unable to fully resolve the remainder of Case 21-08 during the 2/6 settlement conference. The hearing was continued to 3/3/09. On 2/24/09, IBU Counsel requested the 3/3 hearing be cancelled; he is scheduled for another hearing on 3/3. Examiner Swanson granted the request. The 3/3/09 hearing has been cancelled. 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 3/27/09, AAG Slown reported he has seen a copy of the settlement but does not know if it is signed yet.
MEC Case No. 1-09
IBU v. WSF—Unfair labor practice complaint filed 8/1/08 in which IBU charges WSF with interference and refusal to bargain. Specifically IBU charges WSF with failure to honor the settlement agreement from MEC Case 14-06 re: Loudermill conferences. Due to a schedule conflict, Chairman Swanson was substituted as mediator and Commission Warren reassigned as hearing examiner. On 12/11/08, IBU and WSF participated in a settlement conference with Chairman Swanson, but were unable to resolve this issue. On 12/22/08, WSF filed its Answer to the Complaint. On 1/9/09, Examiner Warren conducted the hearing. On 1/20/09, MEC received the transcript. On 3/13/09, MEC received post-hearing briefs from IBU and WSF. Decision pending.
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. Due to a schedule conflict for Chairman Swanson, the 11/13/08 settlement conference was cancelled. On 12/12/08, IBU and WSF participated in a settlement conference. Progress was made; the parties are still discussing the issue. (A meeting is also planned with LRO at the end of January). On 1/13/08, the parties requested the 1/29 hearing be converted to a settlement conference. Examiner Warren granted the request. The hearing has been cancelled, as well as the 1/15 deadline for WSF to answer the complaint. On 1/29/09, the parties met for further settlement discussions without mediator assistance. Additional information was exchanged. During MEC’s 2/27/09 meeting, the parties agreed they are ready to continue settlement discussions; they intend to meet without mediator assistance. On 3/27/09, AAG Slown reported the parties have not met since 2/27.
MEC Case No. 3-09
IBU v. WSF—Unfair labor practice complaint filed 9/16/08 in which IBU charges WSF with interference and refusal to bargain. Specifically IBU charges WSF with a unilateral change in seniority accrual after medical leave. During the 2/3/09 settlement conference, the parties reached a tentative agreement. Upon receipt of IBU’s withdrawal, the case will be closed. The 3/3/09 hearing and 2/17/09 answer due-date have been cancelled. On 2/27/09, the parties reported they are working out settlement language. On 3/27/09, AAG Slown reported the agreement is not yet signed, but the parties expect it to be.
MEC Case No. 4-09
OPEIU—Petition for Unit Clarification filed 9/17/08. This is a Petition for Clarification of Existing Bargaining Unit, Facility Services Coordinator 2. On 1/23/09, OPEIU Representative Shannon Halme requested the Commission convert the 2/19 hearing date to a settlement conference. The Commission agreed. On 2/19/09, OPEIU and WSF participated in a settlement conference with Commissioner Warren; the matter was not resolved. Another settlement conference is to be scheduled.
MEC Case No. 5-09
IBU v. WSF—Unfair labor practice complaint filed 11/4/08 in which IBU charges WSF with interference and refusal to bargain. Specifically IBU charges WSF with retaliatory action after employee filed a discrimination complaint. On 1/20/09, Paul Ganalon, WSF, requested the 1/23 settlement conference be postponed pending the outcome of another proceeding. IBU did not object. Mediator Warren cancelled the 1/23 settlement conference. On 3/12/09, WSF filed its Answer to the Complaint. On 3/12/09, IBU requested the MEC convert the 3/31 hearing to a settlement conference; however, all necessary individuals were not available. The 3/31/09 hearing date has been cancelled. The settlement conference has been continued to 4/10/09. Chairman Swanson has been reassigned to serve as Mediator.
MEC Case No. 6-09
IBU v. WSF—Grievance filed 12/17/08 in which IBU alleges WSF hired 6-8 terminal department employees without complying with the provisions of Appendix D of the CBA. Commissioner Swanson has been assigned as arbitrator. At IBU’s request on 3/18/09, the 3/19 settlement conference was cancelled due to urgent union business requiring Jay Ubelhart to be elsewhere. The Mediator is not available to reschedule the conference prior to the 4/22 hearing. For that reason, the hearing has been cancelled. MEC will coordinate with the parties to reschedule.
MEC Case No. 7-09
IBU v. WSF (M. Herra)—Grievance filed 12/29/08 in which IBU alleges WSF terminated Ms. Herrera without just cause. Commissioner Swanson has been assigned as arbitrator. On 1/23/09, Dennis Conklin reported that IBU is discussing this issue with Jeff Pelton, DOT. At IBU’s request on 3/18/09, the 3/19 settlement conference was cancelled due to urgent union business requiring Jay Ubelhart to be elsewhere. The settlement conference will be rescheduled. The hearing remains scheduled for 5/18/09.
MEC Case No. 8-09
IBU v. WSF (C. Costello)—Grievance
filed 12/29/08 in which IBU alleges WSF’s terminal supervisor made derogatory
statements about employees. Commissioner Warren has been assigned as arbitrator.
On 1/23/09, Dennis Conklin reported that IBU is discussing this issue with Jeff
Pelton, DOT. A settlement conference is
scheduled for 4/10/09 and a hearing is scheduled for 7/10/09.
MEC Case No. 9-09
IBU v. WSF (K. Seeklander & all on-call EEs)—Grievance filed 12/29/08 in which IBU alleges WSF denied permanent health and welfare coverage to employees who have more than six months of WSF service. Commissioner Swanson has been assigned as arbitrator. On 1/23/09, Dennis Conklin reported that IBU is discussing this issue with Jeff Pelton, DOT. A settlement conference is scheduled for 5/22/09, the hearing for 6/3/09.
MEC Case No. 10-09
IBU v. WSF (J. Ross)—Grievance filed 12/29/08 in which IBU alleges WSF changed deck schedules on the Kingston run without notice to crews. Commissioner Warren has been assigned as arbitrator. Settlement conference and hearing are to be scheduled. On 1/23/09, Dennis Conklin reported that IBU is discussing this issue with Jeff Pelton, DOT. On 2/27/09, Dennis Conklin reported this matter should be settled. IBU will withdraw the matter once finalized.
MEC Case No. 11-09
Dist. No. 1 MEBA v. WSF—Unfair labor practice complaint filed 2/6/09 in which MEBA charges WSF with interference and refusal to bargain. Specifically MEBA charges WSF with taking away historical MEBA bargaining unit work without giving proper notice and meeting its bargaining obligations under RCW 47.64, when it awarded a charter agreement to Victoria Rapid Transit to transport passengers related to the Hood Canal Bridge closure. 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 4/6/09, the hearing for 5/8/09.
MEC Case No. 12-09
OPEIU Local 8 v. WSF—Unfair labor practice complaint filed 2/18/09 in which OPEIU charges WSF with interference, domination, and discouraging union membership. Specifically IBU charges WSF with assigning payroll coordinator duties to management. Following review, the Commission determined that the facts alleged may constitute an unfair labor practice, if later found to be true and provable. Settlement conference and hearing are to be scheduled.
STATUS OF COLLECTIVE BARGAINING AGREEMENTS 2009-2011
FASPAA/WSF Arbitrator Alan Krebs’ Opinion and Award issued on 9/25/08.
IBU/WSF Arbitrator Michael Beck’s Opinion and Award issued on 9/20/08.
MEBA/WSF Arbitrator Anthony Vivenzio’s Opinion and Award issued 9/25/08.
MM&P/WSF Arbitrator Michael Beck’s Opinion and Award issued 9/24/08.
Operations Watch Supervisors Arbitrator Beck’s Award issued 9/26/08.
Metal Trades/WSF Arbitrator Marv Schurke’s Opinion and Award issued 9/19/08.
OPEIU/WSF On 8/13/08, the OPEIU membership ratified the ‘09-‘11 contract.
SEIU/WSF On 9/29/08, the SEIU membership ratified the ‘09-‘11 contract.
No Administrative Report this month.
Meeting adjourned at 10:35 a.m.
Next meeting: Friday, April 24, 2009, 10:00 a.m., 2nd Floor Conference Room, Evergreen Plaza Building, 711 Capitol Way South, Olympia
***MEC Minutes are also available on the agency website at www.marineempcom.org.***