Case #1

In an “information” session this year, a paid WFSE representative responding to a question about how sure the Union contracted raises were said that once the contract was approved by the Legislature, it was “law” and could not be changed, even by the Legislature. It was superseded only by the “constitution of the State”. (Transcript)

The Truth:

A) The bargaining agreement is a contract not “law”.

B) It is subject to state law, which in part says: “A provision of a collective bargaining agreement that conflicts with the terms of a statute [RCW: State Law] is invalid and unenforceable.” RCW 41.80.020(6) (RCW 41.80.020)

(The bargaining agreement does supersede “executive order, administrative rule, and agency policy” in the areas of “wages, hours,

and terms and conditions of employment”. It doesn’t supersede the Legislature or RCW.)

C) In “hard times” the monetary provisions of the contract are subject to revision – they are not absolutely cast in concrete.

RCW 41.80.010(6) says: “If, after the compensation and fringe benefit provisions of an agreement are approved by the

legislature, a significant revenue shortfall occurs resulting in reduced appropriations, as declared by proclamation of the

governor or by resolution of the legislature, both parties shall immediately enter into collective bargaining for a mutually

agreed upon modification of the agreement.” (RCW 41.80.010)

Yes, the working conditions, including wages are more secure with a contract than without it. But the contract is not as unchangeable and powerful as claimed.

Did the Union not know the truth? Or are they trying to mislead us?

Case #2

In the same “information” session the paid WFSE representative was asked whether FLSA overtime exempt employees were prohibited from being compensated monetarily (see EXEMPT for information on this issue). The WFSE representative said she did not know but would research it. She then deflected the conversation into the allocations of job classes and how the union thought many were misclassified and that the union under the “Union-Management” provision of the contract would negotiate, starting in July 2005, which jobs should and should not be classified FLSA overtime exempt. The implication was made that the union had significant voice in this process. (Transcript)

The Truth:

A) The Federal Government Fair Labor Standards Act (FLSA) creates standards that define what employment may be exempt from Federal overtime payment requirements. (See FLSA Overview and Part 541 )

B) The Union contract in section 23.2 says: “ Per federal and state law, the Employer will determine whether a position is overtime eligible or overtime-exempt.” It would appear that the Union has already delegated to the State unilaterally the right to determine whether a position is FLSA overtime-exempt or not based on the FLSA standards.

C) WAC 357-28-020 in part says that the compensation plan (with accompanying job classifications) must contain “Definitions and application of overtime eligibility designations.” (WAC 357-28-020 )

D) Typically the lower job classes are overtime eligible and the higher job classes are overtime-exempt.

It’s not clear what negotiation the union might do with regard to a specific position in an agency, other than argue that the actual work performed in a given position does not merit the higher job class designation (with it’s overtime-exempt classification) but rather a lower job class designation (with it’s overtime eligible classification AND lower pay).

Who would want to demote to a lower job class just to be overtime eligible?

So, does the Union just not KNOW the truth? Or are they just not TELLING us the truth?

Which is worse?

Is this an organization that you trust to look after your best interests in terms of employment?

The information on these web pages is intended for informational and educational purposes only. You are encouraged to research these issues for yourself and come to your own conclusions. It is not legal advice. You should consult with legal counsel about your specific situation. The National Right to Work Legal Defense Foundation may be of assistance at www.nrtw.org