STATE OF WASHINGTON
MARINE EMPLOYEES’ COMMISSION
Evergreen Plaza Building
P.O. Box 40902
Olympia, Washington 98504-0902
(360) 586-6354
Friday, May 29, 2009 – 10:00 a.m.
2nd Floor Conference Room, Evergreen Plaza Building—Olympia
MINUTES
Present: Members and staff - John Swanson, Chairman
Patricia Warren, Commissioner
John Cox, Commissioner
Linda Hoverter, Special Assistant
Kathy Marshall, Administrator
Others - Paul Ganalon, Washington State Ferries Labor Relations
Leah Maurseth, Washington State Ferries Labor Relations
Tim Saffle, Masters Mates & Pilots
David Slown, Assistant Attorney General
Jay Ubelhart, Inlandboatmen’s Union of the Pacific
The meeting was called to order at 10:00 a.m.
Moved, seconded and carried: to adopt the agenda distributed at the meeting.
Moved, second and carried: to approve the minutes of
the April 28, 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 were cancelled. On 4/15/09, WSF filed its Answer
to the Complaints. The hearing was continued to 4/29/09; however, on 4/28/09,
the parties requested the hearing be converted to a settlement conference.
Examiner Swanson granted the request. During settlement discussions on 4/29/09,
the parties made progress on Count 3 of Case 17-08; IBU and WSF are still
talking. A hearing has been rescheduled for
9/14/09 to resolve Count 2 of Case 17-08.
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 8/22/07, the parties participated in settlement conferences; progress was made. 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 6/17/08, the parties participated in another settlement conference with Chairman Swanson. Information was exchanged. 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. On 4/24/09, Dennis Conklin indicated the parties are still communicating. On 5/29/09, Paul Ganalon reported the parties are close to signing an agreement.
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. 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.
MEC Case No. 16-08
MEBA v. WSF—On 4/3/09, Arbitrator John Cox conducted the hearing. MEC received the transcript on 4/23/09. Briefs were to be simultaneously mailed on 5/15/09. On 5/13/09, MEBA Counsel requested the 5/15 date for filing briefs be extended to 5/29/09; WSF Counsel did not object. Arbitrator Cox granted the request. On 5/28/09, MEBA Counsel requested another extension of the brief filing date—to 6/5/09. WSF Counsel AAG Slown did not object. Arbitrator Cox granted the request. Briefs are to be simultaneously mailed on 6/5/09.
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. 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. On 4/15/09, WSF filed its Answer to the Complaints. The hearing was continued to 4/29/09; however, on 4/28/09, the parties requested the hearing be converted to a settlement conference. Examiner Swanson granted the request. During settlement discussions on 4/29/09, the parties made progress on Count 3; IBU and WSF are still talking. A hearing has been rescheduled for 9/14/09 to resolve Count 2 of Case 17-08.
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 4/24/09, the parties reported they have signed an agreement settling the issue. Upon receipt of IBU’s withdrawal, the case will be closed.
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 4/13/09, MM&P withdrew the complaint. On 4/28/09, MEC entered Order Closing Withdrawn Complaint, Dec. No. 556-MEC.
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 7/25/08, AAG Slown reported that most of this complaint should be settled. 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 2/27/09, 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. On 4/24/09, the parties reported counsel are reviewing settlement language.
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. On 5/8/09, MEC entered Decision and Order, No. 560-MEC.
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. On 4/3/09 MEC contacted IBU regarding status. Jay Ubelhart indicated that more pressing issues have prevented getting back to this issue, but IBU intends to meet with WSF to continue discussion. On 4/24/09, IBU reported that discussions are continuing.
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. On 4/22/09, IBU provided MEC with a copy of the parties’ signed agreement, which includes the union’s withdrawal. On 4/28/09, MEC entered Order Closing Settled Complaint, Dec. No. 557-MEC.
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. On 4/1/09, the Commission gave notice of this issue to Washington State Federation of State Employees (WFSE) and requested contact information, in order to include WFSE as an interested party in the next settlement conference. The settlement conference is continued to 6/30/09.
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 4/9/09, IBU notified MEC that this matter is settled. On 4/28/09, MEC entered Order Closing Settled Complaint, Dec. No. 555-MEC.
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 was not available to reschedule the conference prior to the 4/22 hearing. For that reason, the hearing has been cancelled. On 5/5/09, the parties participated in a settlement conference with Chairman Swanson. Progress was made, they are still discussing. Commissioner Warren has been substituted as Arbitrator and the hearing continued to 7/14/09.
MEC Case No. 7-09
IBU v. WSF (M. Herrera)—Grievance filed 12/29/08 in which IBU alleges WSF terminated Ms. Herrera without just cause. Commissioner Swanson has been assigned as arbitrator. Following the 5/5/09 settlement conference, IBU withdrew its grievance arbitration request. The 9/1/09 hearing has been cancelled. On 5/26/09, MEC entered Order Closing Withdrawn Grievance, Dec. No. 559-MEC.
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. During a settlement conference on 4/10/09, IBU and WSF were unable to resolve the issue. On 5/26/09, IBU withdrew its grievance request. The 7/10/09 hearing has been cancelled. Case is to be closed.
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. During the 5/2909 MEC meeting, Jay Ubelhart reported the parties are close to signing an agreement and asked that the 6/3 hearing be cancelled. Arbitrator Swanson has cancelled the 6/3/09 hearing. Case is to be closed.
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. On 4/24/09, Leah Maurseth, WSF, reported that Mr. Ross will receive payment on his next paycheck. On 5/29/09, Jay Ubelhart said he would check on this.
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. On 4/6/09, the parties participated in a settlement conference with Chairman Swanson. Following the 4/24/09 MEC meeting, the parties signed a Letter of Understanding resolving this matter. MEBA provided MEC with a copy. The 5/8/09 hearing and 4/24 answer date were cancelled. On 5/4/09, MEBA withdrew the complaint. On 5/26/09, MEC entered Order Closing Settled Complaint, Dec. No. 558-MEC.
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. A settlement conference is scheduled for 7/7/09 and the hearing for 8/19/09.
MEC Case No. 13-09
OPEIU Local 8 v. WSF—Unfair labor practice complaint filed 5/13/09 in which OPEIU charges WSF with interference, domination, and discouraging union membership. Specifically IBU charges WSF with failure to notice the union of reorganization; assignment of bargaining unit work to non-bargaining unit personnel (IT accounts payable). Forwarded to Commissioners for review.
MEC Case No. 14-09
OPEIU Local 8 v. WSF—Unfair labor practice complaint filed 5/13/09 in which OPEIU charges WSF with interference, domination, and discouraging union membership. Specifically IBU charges WSF with failure to notice the union of reorganization; assignment of bargaining unit work to non-bargaining unit personnel (L&I and Jones Act Claims). Forwarded to Commissioners for review.
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.
ADMINISTRATIVE REPORT
Salary Survey
The MEC’s salary survey process should have begun last month. At the end of the legislation session, MEC retained responsibility for the survey but DOP had stated they were not interested in helping. There is a state freeze on outside contracts. Even without a freeze, the proposal solicitation phase alone would put MEC very far behind in the survey process. MEC still hasn’t had a response from OFM.
Public Records Requests Rules Change
The state recently revised WAC Chapter 44-14, The Public Records Act-Model Rules. MEC has been re-working its two chapters, 316-02-800 Commission Records-Public Access and 316-02-810 Commission Records-Confidentiality to comply with these model rules. MEC has also drafted a public records request form and will be adding a “Public Records” page on its web site, describing the process and having a request form on-line. Public records requests are increasing and MEC needs to be adequately prepared to respond to those requests.
Copies of the proposed rules changes were handed out at the April 24, 2009 meeting and posted on the MEC’s web site. No comments were received.
Information Technology Audit
MEC has submitted its information for the 2009 audit. The audit is to be completed by June 30, 2009.
Farewell, John Sullivan
John Sullivan, former MEC Commissioner, passed away peacefully May 2, 2009 at the age of 84. He had the most successful dispute resolution rate of any Commissioner who has served the MEC. As David Slown stated at John’s retirement, John epitomized the word “gentleman”. He will be missed.
Meeting adjourned at 10:20 a.m.
Next meeting: Friday, June 26, 2009, 10:00 a.m, Rainier Conference Room, 4th Floor, 2901 3rd Avenue, Seattle
***MEC Minutes are also available on the agency website at www.marineempcom.org.***