STATE OF WASHINGTON
MARINE EMPLOYEES’ COMMISSION
Evergreen Plaza Building
P.O. Box 40902
Olympia, Washington 98504-0902
(360) 586-6354
Friday, October 23, 2009 – 10:00 a.m.
Rainier Conference Room, Washington State Ferries Building—Seattle
MINUTES
Present: Members and staff - Patricia A. Warren, Acting Chairman
John Cox, Commissioner
Linda Hoverter, Special Assistant
Kathy Marshall, Administrator
Others - Jeff Duncan, Marine Engineers Beneficial Association
Karol Kingery, Marine Engineers Beneficial Association
Leah Maurseth, Washington State Ferries Labor Relations
Becky Mowry, Office & Professional Employees Int’l Union
David Slown, Assistant Attorney General
Jay Ubelhart, Inlandboatmen’s Union of the Pacific
Carrie Wood, Washington State Ferries Labor Relations
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 September 25, 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. On 9/14/09, Examiner Swanson conducted the hearing (Count 2 of Case 17-08). Transcript was received 10/6/09. Briefs are to be simultaneously mailed on 10/30/09.
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. The parties made progress during settlement conferences on 7/23/07 and 8/22/07. On 10/26/07, WSF sent an offer to IBU counsel. As of 1/25/08, AAG Slown had spoken to IBU Counsel, who was looking into a class action filed on this issue on behalf of another group of state employees. On 6/17/08, the parties participated in another settlement conference with Chairman Swanson. On 9/26/08, Dennis Conklin reported that part of this case is settled. 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. On 6/26/09, Paul Ganalon reported that IBU Counsel is reviewing settlement language. On 9/25/09, the parties reported they need to meet again on this issue. It may be resolved. On 10/23/09, Jay Ubelhart reported that this matter, as well as Case 9-09, is resolved, pending signing of the settlement 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. 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.
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.
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 received 10/6/09. Briefs are to be simultaneously mailed on 10/30/09.
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 7/24/09, AAG Slown reported that an offer was e-mailed to IBU Counsel on 7/23/09. On 9/25/09, the parties reported this matter resolved. WSF provided MEC with a signed copy of the settlement/withdrawal. Case is to 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). 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. 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, 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.
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 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 1/13/09, 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. On 6/26/09, Jay Ubelhart reported the parties have only had time for brief discussions on this issue to date. As of 9/25/09, IBU and WSF are exchanging information. On 10/23/09, Jay Ubelhart reported the parties are close to reaching agreement employing retirees. If that is accomplished, Case 2-09 will be resolved.
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 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. On 6/26/09, Suzanne Mode, OPEIU, requested the 6/30 settlement conference be postponed due to the fact that Shannon Halme is on medical leave. Neither WSF nor WFSE objected to a postponement. The 6/30/09 settlement conference has been cancelled. By phone on 7/10/09, Shannon Halme, OPEIU, requested that the MEC hold off rescheduling this matter for now. On 7/24/09, AAG Slown reported receiving a letter from Shannon Halme, OPEIU, requesting a status report on this petition. WSF responded to OPEIU’s letter. On 9/25/09, Shannon Halme reported this matter is almost resolved. On 10/1/09, Ms. Halme notified the MEC that the parties have settled the issue. OPEIU withdrew the Petition. 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. During the 5/29/09 MEC meeting, Jay Ubelhart reported the parties are close to signing an agreement and asked that the 6/3 hearing be cancelled. Arbitrator Swanson cancelled the 6/3/09 hearing. On 6/26/09 and 7/24/09, Jay Ubelhart reported this matter should be finalized soon. On 9/25/09, Jay Ubelhart reported this case is almost resolved. On 10/23/09, Jay Ubelhart reported that this matter, as well as Case 23-07, is resolved, pending signing of the settlement agreement.
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. On 7/7/09, the parties participated in a settlement conference. They are working out settlement language. On 7/24/09, Leah Maurseth, WSF, reported that the parties’ agreement has been sent to OPEIU for signature. On 7/29/09, OPEIU requested the hearing be postponed; the matter is close to being resolved. Examiner Warren cancelled the 8/19 hearing, as well as the 8/5 deadline for WSF to file an answer. On 9/25/09, Shannon Halme reported this issue is resolved. On 10/1/09, OPEIU withdrew the complaint. Case is to be closed.
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). A settlement conference and hearing are to be scheduled. By phone on 7/10/09, Shannon Halme, OPEIU, requested that the MEC hold off scheduling this matter. On 7/24/09, Leah Maurseth, WSF, reported receiving a letter from Shannon Halme, OPEIU, inquiring about the status of this matter. Leah intends to respond shortly. On 9/25/09, Shannon Halme reported this issue is resolved. On 10/1/09, OPEIU withdrew the complaint. Case is to be closed.
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. The hearing remains scheduled for 11/18/09. WSF’s Answer to the Complaint is to be filed on or before 11/4/09.
MEC Case No. 16-09
OPEIU Local 8 v. WSF—Unfair labor practice complaint filed 6/9/09 in which OPEIU charges WSF with interference and domination. Specifically OPEIU charges WSF with repudiation of contract (working out of class). The hearing was initially set for 10/14/09; however, due to a schedule conflict for Chairman Swanson, the hearing has been continued to 12/9/09. On 8/17/09, OPEIU requested the 8/18 settlement conference be postponed pending discussions on the related grievance. MEC granted the request; the 8/18 conference was cancelled. On 9/16/09, the deadline for WSF to file an answer to the complaint (9/30) was cancelled. It will be rescheduled later, if necessary. On 9/25/09, Shannon Halme reported that resolution of the related grievance may have resolved the complaint.On 10/1/09, Shannon Halme notified the MEC that the parties have settled the issue. OPEIU withdrew the complaint. The 12/9/09 hearing date has been cancelled. Case is to be closed.
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 10/21/09, the parties participated in a settlement conference with Commissioner Warren; they were unable to resolve the issue. The hearing remains scheduled for 12/15/09. WSF’s Answer to the Complaint is to be filed on or before 12/1/09.
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 has cancelled the 9/9 hearing date. The hearing has been continued to 1/22/10.
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 9/16/09, the parties participated in a settlement conference with Commissioner Warren, but were unable to resolve the issue. The hearing remains scheduled for 1/5/10. WSF’s Answer to the Complaint is to be filed on or before 12/18/09.
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 9/2/09, OPEIU notified MEC of its intent to file a Motion for Temporary Relief under WAC 316-45-430. MEC is in the process of scheduling settlement conference and hearing. On 9/22/09, MEC received OPEIU’s Motion for Temporary Relief by fax. Affidavits and attachments were received with the original Motion on 9/23/09. WSF has until 9/29/09 to file and serve counteraffidavits. On 10/2/09, MEC issued Order Granting OPEIU’s Motion to Seek Temporary Relief, Decision 567-MEC. On 10/7/09, AAG Spencer Daniels (MEC Counsel) filed a Summons and Complaint for Injunctive Relief in Aid of Administrative Proceedings with Thurston County Superior Court. On 10/9/09, MEC Counsel filed a Motion for Temporary Restraining Order and Order to Show Cause with the Court. WSF filed its Response on 10/12/09. Judge Hicks denied the restraining order. The settlement conference is scheduled for 11/6/09, the hearing for 12/11/09.
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. 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.
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. 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 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.
ADMINISTRATIVE REPORT
Salary Survey
After an arduous process, the participant list has been finalized and the benchmarks selected. Letters will be going out to participants from the MEC next week.
Public Records Requests Rules Change
MEC initiated the rules filing process on its two public records rules: 316-02-800 Commission Records-Public Access and 316-02-810 Commission Records-Confidentiality to comply with the state’s model rules. These rule changes were adopted October 13, 2009 and will become permanent November 13, 2009.
Impasse Resolution Rules Change
Now that the public disclosure rules changes are complete, work will begin again on the changes to Chapter 316-55 WAC, “Marine Employees’ Impasse Resolution Rules”. This chapter must be revised due to 2007 legislative changes. The first draft is available today and on MEC’s website: Chapter 316-55 Working Copy. Language to be added has been underlined ; language to be deleted has been struck through. This is an important chapter and input from the parties is required. No comments have yet been received.
MEC Budget
MEC met with its accountants on October 21. Expected expenditures through the first quarter should be 12.5 percent; MEC has spent only 10.5 percent.
2010 MEC Public Meeting Schedule
Copies of the proposed 2010 MEC public meeting schedule are available today. The proposed schedule is also posted on MEC’s website. Commissioner Cox moved the schedule be accepted and Commissioner Warren seconded the motion. The proposed schedule was unanimously adopted.
Meeting adjourned at 10:20 a.m.
Next meeting: Friday, December 4, 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.***