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Senate

Ways & Means Contrac0ng out Washington Federa0on of State Employees January 28th

Jeanine Livingston, WFSE Contrac0ng Compliance Manager

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

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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.
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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).

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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

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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.

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Collec0ve Bargaining Agreement


Ar0cle 38 Mandatory Subjects. 38.1 The Employer will sa0sfy its collec0ve bargaining obliga0on before making a change with respect to a maier that is a mandatory subject.

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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.

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