VOL. 41 NO.

MAY 2013
www.discoverpass.wa.gov

Now good on either of two vehicles!

At press time: Strike vote taken at Evergreen

After this issue went to press, a strike vote took place May 15 by members of the Student Support Services Staff Union at The Evergreen State College WFSE/AFSCMEs Executive Board on May 9 OKd their request and authorized a campus vote for job actions up to and including a strike. The 55-person bargaining unit includes counselors, advisors, coaches and others. They are non-management exempt staff who won bargaining rights a few years ago. This would be their first contract. This after 16 months of contentious bargaining over

State Employee
2015-2017 bargaining proposal form, p. 2. Shared leave requests, p. 3

The official newspaper of the WASHINGTON FEDERATION OF STATE EMPLOYEES/AFSCME Council 28AFL-CIO

WASHINGTON

Bargaining Team member Jean Eberhardt applauds allies who packed the TESC Board of Trustees meeting May 8 to support job actions including a strike. just cause (due process rights over discipline) and compensation. The members on May 8 presented a petition to the TESC Board of Trustees in Olympia in support of job actions up to and including a strike. It was signed by 76 percent of the bargaining unit members. We feel we have been pushed to a hard spot, Bargaining Team member Jean Eberhardt told the trustees. Representatives of the campus faculty union, food services union, students and the WFSE/AFSCME-represented classified employees, joined the members in support. Updates at: wfse.org; Hotline, 1-800-562-6102.

Special session: It comes down to loopholes

WORKERS MEMORIAL DAY 2013

More special session info. on page 4 Calls to action: wfse.org > Take Action

WFSE/AFSCME members worked to the very end of the regular legislative session to urge lawmakers to do the right thing. ABOVE: Local 443 Consolidated Support Technology Services members Jeff Paulsen (left) and Bruce Hooker (right) met with Rep. Sam Hunt to express their concerns about the current budget proposals and thank him for his continued support. RIGHT: Local 53 member Sandra Womack makes her call to the Legislative Hotline during April 11 Hotdogs and Hotline event in Tacoma. The Legislature started its 30-day special session May 13 with the issue of closing tax loopholes a main fight. The House wants to close them to fund education and services. The Senate would rather cut safety net programs to fulfill its education obligations. The Legislature is going back into overtime because they were far apart on key issues at the end of regular session April 28. Lawmakers were at impasse over the budget, tax loopholes, pensions, health care, privatization and many other key issues. Its likely the special session will stretch into June with no key debates until after Memorial Day. So WFSE/AFSCMEs fight for public services, public safety, parks and natural resources continues.

Special Session Toolkit on page 4.

WFSE/AFSCME members across the state took part in ceremonies in observance of Workers Memorial Day 4/28/13, when we pause to remember those killed or injured on the job -- and rededicate ourselves to the struggle for safe workplaces. TOP: Local 793 members 4/25/13 walk past placards signifying all those assaulted at Western State Hospital; ABOVE, LEFT: At Department of Transportations agency ceremony April 17; ABOVE, RIGHT: In Bellingham, 4/29/13. Other ceremonies took place in Tumwater, Seattle, Everett and Spokane.

REMINDER: WFSE/AFSCME Howard Ocobock Memorial Sept. 13-15, 2013 Cornet Bay Environmental Learning/Retreat Center at Deception Pass State Park Deadline to register: 8/30/13
QUESTIONS? Contact Tavie Smith at 1-800-562-6002 tavies@wfse.org. Register online at WFSE.org > Member Resources > Family Campouts

FAMILY CAMPOUT

elieve it or not, its time to get ready for bargaining on contracts that run from July 1, 2015 to June 30, 2017.
Bargaining proposals
Its never too early to submit proposed ideas for your next, 2015-2017, collective bargaining agreement. You can work with your local and/or policy committee to submit proposals. For your convenience, a contract proposal form is at right. Forms are also available online at: http://www.wfse.org/collectivebargaining/

BARGAINING 2015-2017
WASHINGTON FEDERATION OF STATE EMPLOYEES/AFSCME COUNCIL 28 AFL-CIO Use this form to submit your ideas for issues affecting members covered by your respective contract. Name of individual submitting this proposal to his/her local: _______________________________ Agency or Institution of Higher Education: _____________________________________________ If DSHS, which Office, Division or Institution? ___________________________________ _______ PLEASE LET US KNOW IF THIS IS FOR A STATE AGENCY CONTRACT OR FOR ONE OF THE HIGHER EDUCATION CONTRACTS: GENERAL GOVERNMENT HIGHER EDUCATION

CONTRACT PROPOSALS 2015-2017

2015-2017 CONTRACT NEGOTIATIONS

Details on bargaining proposals

From bargaining structure for 20152017 negotiations (as adopted by the WFSE/AFSCME Executive Board, April 6, 2013 The full bargaining structure, election procedure and other key information was mailed with the nomination packet to WFSE/AFSCME members. They are also available online at: http://www.wfse.org/ collective-bargaining/ PROPOSALS Contract proposals may be submitted by: locals; the WFSE Executive Board, the WFSE Policy Committees and the WFSE Executive Director. Proposals must be adopted by a majority vote of the body submitting them. Council 28 bargaining teams and staff will use surveys of the bargaining unit employees as needed during bargaining. Contract proposals must be submitted to the WFSE Headquarters office by 5:00 p.m. October 7, 2013. Proposals must be submitted on the WFSE contract proposal form, which will be accessible on the WFSE website, and must include: (1) the contract article and section to be changed, or an indication that it is a new concept; (2) documentation to support the proposal where available; (3) the problem the proposal is meant to address; and (4) the proposal and (5) the number/ name and signature of President and Secretary of the subordinate body submitting the proposal. Each contract proposal form will be assigned a tracking number so that it can be followed through the negotiating process. Contract proposal forms must be filled out completely. WFSE staff will assess contract proposals for legality and consolidate

CONTRACT PROPOSAL FORM

If you know which part of your contract this proposal affects, please specify: existing Article _______ Section ________ of (please list name of your contract): ________________________________________________ OR ADDS a new concept to your contract: PROPOSAL:

PURPOSE: What problem will this proposal solve, or why is it important?

SUBMITTED BY LOCAL/ POLICY COMMITTEE _________________

Proposal passed on: (date)

Name: Signature: (Local President/Policy Committee Chair) Name: Signature: (Local Secretary/Policy Committee Secretary) All adopted proposals must be submitted to WFSE/AFSCME HQ by 5 p.m., Oct. 7, 2013. THIS FORM MUST BE FILLED OUT COMPLETELY
duplicate proposals. The resulting proposals will then be passed on to the appropriate bargaining team(s) for debate, possible revision, and a vote to support or reject.

Bargaining team nominations

Nomination forms and other information on 2015-2017 bargaining went in the mail May 3. Nomination forms are due back to WFSE/AFSCME Head-

quarters by May 20. Ballots listing nominees for the respective bargaining teams will go in the mail by June 5 to WFSE/AFSCME members (who are in good standing as of May 31).

State Employee
WASHINGTON

SHOP STEWARD CORNER

Not all stewards are created equal
This is a cautionary note for some of our stewards. As you read and learn about stewards and labor law, you might think you have protections in the heat of the moment when dealing with management. I mean its right there, pages 90 and 91 of Just Cause: A Union Guide to Winning Discipline Cases. Under the heading Union Immunity. Robert M. Schwartz tells us union stewards and officers have a measure of immunity when representing members....Profane and even vulgar language must be tolerated. Well look again, WFSE stewards -- very few WFSE stewards fall under the National Labor Relations Act. Our immunity is much more limited, thus we are NOT famous for pounding tables and screaming. In fact we are famous for not losing our cool. We are (by and large) the most respectful and professional stewards in the game. This may not sit well with some members (in particular those with extended private sector union membership). It works in our favor at arbitration. Behavior by a former WFSE steward (which might have been protected under NLRA) led an arbitrator to uphold his termination. Seems our managers, be they in road repair, mental health or higher education, dont like bombast and four-letter words. Nor do the folks who hear our arbitration cases.

Washington State Employee (USPS 981200) is published monthly, except February and July, for $5.08 per year by the Washington Federation of State Employees/AFSCME Council 28 AFL-CIO, 1212 Jefferson St. S.E. Suite 300, Olympia, WA 98501. Affiliated with the American Federation of State, County and Municipal Employees (AFSCME) and the Washington State Labor Council, AFL-CIO. Periodicals postage paid at Olympia, WA and at additional offices. Circulation: 42,000. POSTMASTER: Send address changes to Washington State Employee, 1212 Jefferson St SE Suite 300 Olympia WA 98501-7501 Carol Dotlich, President Greg Devereux, Executive Director
Editor Tim Welch e-mail: tim@wfse.org Internet: www.wfse.org Member, ILCA

ELECTRONIC DELIVERY OPTION. If youd like to save paper and postage, you can receive this newspaper electronically. Go to www.wfse.org and hover over NEWS & INFO, located in the top menu bar. Select from the drop-down list: WASHINGTON STATE EMPLOYEE - Newspaper. Use the form on this page to register for the electronic version. Or e-mail us at info@wfse.org, or write: WFSE/AFSCME, 1212 Jefferson St. S.E., Suite 300, Olympia, WA 98501. If youre a represented non-member fee payer and you dont wish to receive this publication in any format, e-mail us at contactus@wfse.org, or write: WFSE/AFSCME, 1212 Jefferson St. S.E., Suite 300, Olympia, WA 98501.

Page 2

WFSE/AFSCME Washington State Employee

May 2013

The contract matters -- just ask UWs Marvin McKinly

THIS UNION WORKS FOR ME!

aving a contract matters, especially in Higher Education. Just ask University of Washington Local 1488 member Marvin McKinly. McKinly is a longtime UW Local 1488 member wrongly accused of being rude to a customer while he worked the front desk at a facilities warehouse. McKinly had politely asked a customer whod bought some UW surplus equipment to move his van so he could load equipment onto another UW employees truck. The customer apparently didnt like or misunderstood McKinlys request. He complained to management. Managers believed the customers assertion that McKinly had

use profanity and was rude. So they handed McKinly a formal counseling, which is one of three rungs on the ladder that could lead to dismissal. This investigation boiled down to my word against another persons word, McKinly said. The problem was the only witness, the other UW employee, said McKinly was being diplomatic and did not swear, an arbitrator later wrote. It was the customer who was very angry and swearing at McKinly, the arbitrator wrote. With the help of WFSE/AFSCME Council Representative James Dannen and Labor Advocate Banks Evans, McKinly filed a grievance.

From left: Banks Evans, WFSE/AFSCME labor advocate; Marvin McKinly, Local 1488; and James Dannen, WFSE/ AFSCME council representative. And on March 26, an independent arbitrator ruled in McKinlys favor. The UW violated his just cause rights and the formal counseling issued in 2011 must be removed from his file, the arbitrator ruled. I just want co-workers to believe that when theyre right to stand up for their rights, said McKinly, a loyal University of Washington employee for more than 33 years. And if it can happen to a longtime employee like McKinly, it can happen to anyone. But the collective bargaining agreement is the great equalizer. This could not have happened without the powerful alliance of my union, McKinly said. I feel union solidarity is stronger than ever.

American Friends Service Committee members ratify new contract. WFSE/ AFSCME members at the American Friends Service Committee ratified

NEWS BRIEFS

their new 2012-2015 contract May 3 on a vote of 5-0. Another ULP complaint filed in UW special pay saga. The union on May 6 filed another unfair labor practice

complaint against the University of Washington for continued refusal to bargain over shift differential pay increase and other special pay provisions. A court has already ruled in the unions favor. Those

compensation increases became the new status quo and the UW was ordered to continue them until and if something else was bargained. But the UW has only paid back pay through June 2009.
cal 1060, is in need of shared leave. Contact: your human resource office. Janice Sven, a Worksource specialist 3 with the Employment Security Department in Skagit County and a member of Local 1060, is in need of shared leave because of a medical condition. Contact: Judy Nelson, (360) 725-9448. Robin Burkhart, an administrative assistant 4 with the Department of Health in Tumwater and a member of Local 443, is caring for her mother who is battling cancer. Contact: your human resource office. Jackie Hilton, an office assistant 1 for DSHS in Kelso and a member of Local 1400, is still in need of shared leave because of a serious medical condition. Contact: your human resource office.

SHARED LEAVE REQUESTS

Bill Haubert, an automotive mechanic supervisor for DSHS Consolidated Support Services in Medical Lake and a member of Local 573, is battling a serious illness and is in need of shared leave. Contact: Enola Kaplan, (509) 299-1024. Don Guy, an office assistant 3 with the Department of Labor and Industries in Tumwater and a member of Local 443, has been diagnosed with additional spots on his brain. Complications require him to again take time off. He is in need of shared leave to cover his treatment and recovery. He has exhausted all leave. Contact: Tonia Pimental, (360) 902-5706, or your human resource office.

Susan Justice, a residential habilitation counselor 2 at the Special Commitment Center on McNeil Island and a member of Local 793, is awaiting her kidney transplant. She is in need of shared leave to cover the time during her surgery and lengthy recovery. She has exhausted all leave. Contact: Robin Calhoun, (253) 6176267, or your human resource office. Rachelle Evans, an unemployment insurance specialist 4 with the Employment Security Department in Spokane and a member of Local 1221, is recovering from a long-standing medical condition and is in need of shared leave. She has exhausted all leave. Contact: Julie Nelson, (360) 725-9448, or your human resource office. Lisa Robson, a social services

specialist 3 with the DSHS Office of Central Intake in Seattle and a member of Local 843, is in desperate need of shared leave while she continues her recovery from a stroke. She has exhausted all previous FMLA and shared leave. Contact: your human resource office. Kendra Hogenson, a medical assistance specialist 3 with the Health Care Authority in Olympia and a member of Local 443, is in need of shared leave as she battles sickle cell anemia. She needs shared leave to cover the time missed while recovering from foot fusion surgery. Shes exhausted all leave. Contact: April Yankee, (360) 725-2134, or your human resource office. Diane Shawen, a residential rehabilitation counselor 2 at the Special Commitment Center on McNeil Island and a member of Local 793, is in need of shared

leave for a serious condition. Contact: Robin Calhoun at (253) 617-6272 or Cathy Harris at (253) 583-5930. Jim Webb, a juvenile rehabilitation counselor at Nacelle Youth Camp and a member of Local 2263, is struggling with a very serious illness. He has exhausted all leave. Contact: Joyce Kilponen, (360) 484-3223. Marlaina Nierenberg, a financial services specialist 3 with DSHS in Spokane and a member of Local 1221, is in need of shared leave. She has exhausted all leave. To help with a donation of eligible unused annual leave or sick leave or all or part of your personal holiday, contact your human resource office. Sylvia Frear, a social services specialist 3 with DSHS in Mount Vernon and a member of Lo-

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Page 3

5/7/13 8:17 AM

SPECIAL SESSION TOOLKIT

WFSE/AFSCME radio campaign starts
The Senate Majority Coalition through their special interest corporate friends have been waging a media campaign against the House effort to close tax loopholes to fund schools and vital services. WFSE/AFSCME is fighting back with a three-week radio ad campaign that started May 6. Federation commercials will air on radio stations across the state. Cable TV ads will appear in some cities without a commercial radio station. You can hear and see the 30-second ads at www.wfse.org: Theres a good plan in Olympia to close two percent of Washingtons 640 tax loopholes to fund schools and services we need. But the Senate majority and special interests want to add tax loopholes at the expense of our kids and Middle Class jobs. Its about priorities. Call 800-562-6000. Tell legislators: choose kids, care and courage over loopholes.

Keep plugged in for special session calls to action

Sign up for HOTLINE e-mail updates! Look for the blue oval at the top of wfse.org! Follow special session action on:
Click the icon on wfse.org and friend us! Join our Twitter network. Click on the Twitter icon at wfse.org. Watch videos of members in action. Go to wfse.org and click on the YouTube icon. See photos of members in action. Go to wfse.org and click on the flickr icon.

Heres your Watch List of key special session bills

WFSE/AFSCME members (joined by WSLC President Jeff Johnson, far left) look over the special session Watch List of key remaining bills.

The 30-day special session of the Legislature started May 13. It was believed that key issues wont be debated until after Memorial Day, according to press reports. WFSE/AFSCMEs Legislative and Political Action Department has put together a watch list so you can keep track of what bills are left, where they are in the process and what our position is. Use this as a reference during the special session: Operating Budget/Revenue: ESHB 2038 Revenue Passed House, but not the Senate. This is the bill closing some $1 billion in tax loopholes to fund education, rather than cutting vital services. SUPPORT ESSB 5034 Budget Passed House; at odds with the bad Senate version. This is the good House version that closes tax loopholes to fund education, public services and public safety. SUPPORT VERSION PASSED BY THE HOUSE ESSB 5895 Education Funding (very bad) Passed Senate, but not the House. This bad Senate plan funds K-12 education at the expense of other programs, including critical infrastructure programs, freezes worthy environmental programs and restricts capital construction projects that drive our states economy. OPPOSE Attacks On Public Employee Benefits: ESSB 5851 401(k) Pension Plan Passed Senate, but not the House. Voluntary option would harm funding of our healthy pension system. And 401(k) style plans end up being very costly. Retirees in this new plan would lose access to state health benefits. OPPOSE ESSB 5905 PEBB Eligibility (bad part-time health bill) Passed Senate, but not the House. This is the bad bill that strips less-then-fulltime workers of their state health benefits and directs them to buy benefits on their own from the still incomplete federal Health Benefits Exchange. Dental and vision coverage would not be available. OPPOSE Attacks On Collective Bargaining Rights: SSB 5891 DES Privatization Passed Senate, but not the House. This opens the door to widespread privatization of state services and jobs by exempting one large agency (Department of Enterprise Services) from the competitive contracting law, rules and our contracts. OPPOSE SSB 5916 Excess Compensation Now in Senate Rules Committee awaiting vote of full Senate The bill goes way beyond trying to fix pension spiking, by attacking legitimate use of overtime, especially at state institutions and in public safety in all pension plans. OPPOSE ESSB 5811 Wellness Passed Senate, but not the House. This bad bill is really an attack on the right to bargain over wellness issues, including the dollar amount spent for employee health care benefits. It stifles or end runs bargaining by mandating certain outcomes on your health insurance, including outcomes on premium increases or decreases. OPPOSE Natural Resource Jobs:

Get text updates on your smart phone.

NOTE: F4WR stands for Fight for Workers Rights

Text F4WR to 69866

You can still get HOTLINE updates by phone:

1-800-562-6102

Send e-mails to legislators on key issues. Its easy:

wfse.org > Take Action

Inslee signs WFSE/AFSCME bill

Gov. Jay Inslee on May 3 signed into law the WFSE/AFSCME-initiated HB 1456 that clarifies that state employees can take advantage of the federal law allowing deductions for qualified transit and parking benefits to be taken out of paychecks before income taxes are assessed. Its actually a long overdue technical fix. So those state employees will end up with a little more take-home pay.It was part of the WFSE/AFSCME Green Caucuss priority of reducing our carbon footprint. The bills sponsor, Rep. Sam Hunt of the 22nd Dist. joined with WFSE/AFSCME members and DOT commute trip reduction (CTR) program staff as the governor signed the bill. Those at the bill signing for HB 1456 included (front row): Tim Welch, WFSE/ AFSCME public affairs director and union rep on the Interagency CTR Board; Joan Cullen, DOT CTR program (retired); Keith Cotton, DOTs manager of CTR programs; WFSE/AFSCME Lobbyist Matt Zuvich; Rep. Sam Hunt, 22nd Dist.; WFSE/AFSCME President Carol Dotlich; WFSE/AFSCME Lobbyist Alia Griffing; and Dennis Eagle, WFSE/AFSCMEs director of legislative and political action.

SHB 1935 Parks Funding Now in House Rules Committee awaiting vote of full House. Helps support House and governor funding levels over much lower Senate levels, and brings in accountability measures. More is needed, but this is a big step. SUPPORT E2SSB 5296 Model Toxics Control Act (MTCA) Rewrite Passed Senate, but not the House. Rewrites voter-approved MTCA. Opponents argue it harms both prevention and cleanup efforts -dramatically impacting funding for prevention. Threatens Ecology jobs. OPPOSE Transportation Budget/Revenue: SHB 1954 Transportation Revenue Now in House Rules Committee. SUPPORT SB 5920 Transportation Revenue Senate Transportation Committee. SUPPORT HB 1955 Additive Funding - Transportation Now in House Rules Committee. SUPPORT SB 5921 Additive Funding Transportation Senate Transportation Committee. SUPPORT Both bills appropriate from several state accounts between $650 million and $700 million for various transportation-related projects.

Page 4

WFSE/AFSCME Washington State Employee

May 2013