Академический Документы
Профессиональный Документы
Культура Документы
Ways & Means Contrac0ng out Washington Federa0on of State Employees January 28th
Introduc0on
Provide
a
quick
synopsis
regarding
contrac0ng
out
Review
the
state
law,
case
law,
and
CBA
provisions
Understanding
the
States
contractual
and
legal
obliga0ons
Is
there
a
line
Gain
the
unions
perspec0ve
2 of 11
Contrac0ng
out
History:
In
1978
Supreme
Court
decision
in
WFSE
vs
Community
Colleges
of
Spokane
made
it
illegal
to
contract
out
any
work
customarily
and
historically
performed
by
classied
employees.
Legislature
enacted
similar
legisla0on
with
an
excep0on
for
any
work
that
was
customarily
contracted
prior
to
1978.
Civil
Service
Reform
Act
of
2002,
included
the
compe00ve
contrac0ng
statute
that
permits
work
customarily
&
historically
performed
by
classied
employees
if
certain
condi0ons
are
met.
The
provision
was
codied
as
RCW
41.06.142
and
went
into
eect
July
1,
2005.
3
of
11
Dening
terms
Contrac7ng
out
-
Any
0me
services
customarily
or
historically
performed
by
bargaining
unit
employees
are
purchased
from
individuals,
nonprot
organiza0ons,
businesses,
employees
business
units
or
other
en00es.
Skimming
-
The
removal
of
work
customarily
and
historically
performed
by
bargaining
unit
employees
to
an
those
in
the
employment
of
the
agency
but
not
included
in
the
bargaining
unit
(ie.
WMS
or
Exempt
sta).
4 of 11
Obliga0on
to
bargain
Obliga0on
to
bargain
No0ce
requirements
RCW
41.80
,
Scope
of
Bargaining
ARTICLE
38,
Mandatory
Subjects
ARTICLE
45,
Contrac0ng
RCW
41.06.142,
Purchasing
Services
By
Contract
5 of 11
State
Law
Of
greatest
signicance
to
aected
employees
(RCW
41.06.142
Purchasing
services
by
contract):
(1)
Any
department,
agency,
or
ins0tu0on
of
higher
educa0on
may
purchase
services,
including
services
that
have
been
customarily
and
historically
provided
by
employees
in
the
classied
service
under
this
chapter,
by
contrac0ng
with
individuals,
nonprot
organiza0ons,
businesses,
employee
business
units,
or
other
en00es
if
the
following
criteria
are
met
(b)
Employees
in
the
classied
service
whose
posi7ons
or
work
would
be
displaced
by
the
contract
are
provided
an
opportunity
to
oer
alterna7ves
to
purchasing
services
by
contract
and,
if
these
alterna7ves
are
not
accepted,
compete
for
the
contract
under
compe77ve
contrac7ng
procedures
(e)
The
department,
agency,
or
ins0tu0on
of
higher
educa0on
has
determined
that
the
contract
results
in
savings
or
eciency
improvements.
The
contrac0ng
agency
must
consider
the
consequences
and
poten0al
mi0ga0on
of
improper
or
failed
performance
by
the
contractor.
6 of 11
7 of 11
Labor/Management
process
UMCC:
Exchange
informa0on,
iden0fy
concerns
or
mandatory
subjects
requiring
no0ce
Informal:
Engage
in
exchanging
informa0on,
sharing
of
concerns
and
iden0fy
needed
informa0on.
Oken
resolve
and
withdraw
of
demand
to
bargain
with
a
summary
of
what
the
par0es
understood
Formal:
Nego0a0ons
with
OFM/LRO.
Codify
agreement
between
par0es.
8 of 11