STATE OF WASHINGTON
MARINE EMPLOYEES’ COMMISSION
Evergreen Plaza Building
P.O. Box 40902
Olympia, Washington 98504-0902
(360) 586-6354
Friday, March 25, 2011 – 10:00 a.m.
2nd Floor Conference Room—Evergreen Plaza Building, Olympia
MINUTES
Present: Members and staff - John R. Swanson, Chairman
John M. Cox, Commissioner
Linda Hoverter, Special Assistant
Kathy Marshall, Administrator
Others - Gordon Baxter, Master Mates & Pilots
Jerry Holder, OFM Labor Relations Office
Leah Maurseth, WSF Labor Relations
Mark Schutter, WSF Labor Relations
The meeting was called to order at 10:10 a.m.
Moved, seconded and carried: to adopt the agenda distributed at the meeting.
Moved, second and carried: to approve the minutes of the February 25, 2011 meeting.
STATUS OF CASES
MEC Case No. 16-08
MEBA v. WSF—At conclusion of the Superior Court review hearing on 8/27/10, Judge McPhee affirmed MEC’s decision. On 9/23/10, MEC was informed that WSF has filed an appeal with the Court of Appeals.
The State filed its brief on 12/23/10. MEBA filed its response brief on 1/20/11. MEC’s brief was filed on 2/23/11.
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On 1/22/10, Jeff Duncan reported that members have been paid the retro portion of the award through 8/31/09. As of 9/24/10, the parties continue discussions to resolve how the issue will be handled going forward. They met again the end of October. On 11/1/10, Glenn Frye notified MEC that the parties are at impasse regarding Watch Turnover and requested a mediator be appointed. Mediator Rick Oglesby was assigned. On 11/15/10, MEBA Counsel notified MEC that there are at least 2 issues to be bargained—WSF’s proposed changes to watch turnover procedures and MEBA’s request for progress payments. That information has been provided to the Mediator. On 12/15/10, the parties participated in mediation with Rick Oglesby. They are at impasse and moving the matter to interest arbitration. By letter on 1/21/11, MEBA re-invoked jurisdiction pursuant to Decision 563-MEC, indicating the State has not paid for turnover duties since MEC’s Award issued in 2009. During MEC’s 1/28/11 meeting, AAG Slown stated the parties disagree on when additional watch turnover payments have to be made.
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). The parties reached agreement on issues 1, 2 and 3. On 1/7/09, WSF filed its Answer to the Amended Complaint. On 9/25/09, IBU requested that a hearing be scheduled on the issue of assignment of AB work. Chairman Swanson reminded the parties that their “Dispatch Rules” settlement provides for resolution of related disputes such as this one through private arbitration with Liz Ford. On 4/23/10, AAG Slown reported that counsel agree the expedited dispute process is appropriate for resolving the dispute, but have not scheduled with Arbitrator Liz Ford yet. On 7/23/10 the parties reported they have not yet found time to schedule an arbitration date with Ms. Ford. (IBU is not ready to withdraw Case 21-08 at this time.) The parties are ready to schedule this issue for interest arbitration. On 1/28/11, Jay Ubelhart reported that he now has some possible dates for arbitration with Liz Ford.
MEC Case No. 7-10
IBU v. WSF—Unfair labor practice complaint filed 11/5/09 in which IBU charges WSF with interference and refusal to bargain. Specifically IBU alleges that WSF has failed to abide by Rule 3.04/single day vacation hours. On 3/12/10, the parties participated in a settlement conference with Commissioner Cox. They were unable to reach agreement on the issue. Due to a scheduling conflict on 5/4/10, Hearing Examiner Warren cancelled the 6/9/10 hearing and 5/26/10 answer deadline. On 6/16/10, WSF filed its Answer to the Complaint. The 6/30/10 hearing was cancelled due to AAG Slown’s illness. The hearing is rescheduled for 12/16/10. On 12/10/10, IBU requested the 12/16 hearing be continued due to the unavailability of witnesses. WSF did not object to the request. Commissioner Warren cancelled the 12/16/10 hearing date. Chairman Swanson has been substituted as Hearing Examiner for Case 7-10 (Commissioner Warren’s resignation was effective the end of 2010). On 3/2/11, IBU requested the 3/7 hearing be continued because the Union and WSF/OFM officials are scheduled for urgent 2011-2013 contract negotiations on that date. WSF did not object. Examiner Swanson granted the request. The 3/7/11 hearing has been cancelled. MEC will reschedule. On 3/9/11, IBU informed MEC that it is engaged in settlement discussions with WSF.
MEC Case No. 11-10
Jonathan Pearson v. WSF—Unfair labor practice complaint filed 2/12/10 in which Mr. Pearson charges WSF with interference, domination, discouraging union membership, discrimination, and refusal to bargain related to Mr. Pearson’s termination. On 12/14/10, MEC received notice from MM&P Counsel R. Fenrich that her firm no longer represents Mr. Pearson. (MM&P has withdrawn from the case.) Mr. Pearson has indicated he wants to proceed to hearing on his own. On 1/24/11, WSF filed its Answer to the complaint. On 2/7/11, Examiner Cox conducted a hearing on the issue of timeliness only. MEC received the transcript on 3/3/11; briefs are to be simultaneously filed on 4/1/11.
MEC Case No. 14-10
MEBA v. WSF —Unfair labor practice complaint filed 3/17/10 in which MEBA charges WSF with refusal to bargain. Specifically MEBA alleges WSF unilaterally implemented a Key Box System without notice to or bargaining with the Union. MEBA’s complaint included notice to the Commission that it intends to file a motion for temporary relief. On 4/12/10, the parties requested that the 4/15/10 settlement conference be cancelled. WSF needs more time to provide information MEBA requested. The parties negotiated the key box issue on 4/23 with another matter. Mediator Swanson cancelled the 4/15/10 settlement conference for Case 14-10. On 10/22/10 Jeff Duncan reported MEBA and WSF are still negotiating this issue. On 11/10/10, MEBA Counsel notified MEC that negotiations have broken down and requested MEC schedule a hearing. On 1/12/11, WSF filed its Answer to the Complaint. On 1/24/11, MEBA Counsel requested the 1/26 hearing be postponed. The Governor scheduled a meeting with the unions on that date; Jeff Duncan must attend and he is also chief witness for the Union in this case. WSF Counsel did not oppose the request. Examiner Swanson has cancelled the 1/26/11 hearing. The hearing has been continued to 9/21/11.
MEC Case 15-10
MEBA v. WSF—Unfair labor practice complaint filed 3/26/10 in which MEBA charges WSF with refusal to bargain. Specifically MEBA alleges WSF has decided that unlicensed engine room personnel—Oilers and Wipers—should not be allowed to have parking spaces at the Bainbridge Island Terminal. On 7/14/10, the parties participated in a settlement conference with Mediator Cox, but were unable to resolve the issue. They intend to continue discussing. During MEC’s 7/23/10 public meeting, Karol Kingery, MEBA, requested the 9/2 hearing be converted to a settlement conference. AAG Slown did not object. Hearing Examiner Warren granted the request. The 9/2 hearing and 8/19 date for WSF to answer the complaint have been cancelled. On 9/2/10, the parties engaged in further settlement discussions with Mediator Cox. The matter is not yet resolved; however MEBA intends to communicate with IBU regarding a possible agreement for use of a parking space. As of 1/28/11, MEBA and IBU are still discussing.
MEC Case No. 16-10
IBU v. WSF (Pascual)—Grievance filed 4/19/10 in which IBU alleges WSF restricted Elmer Pascual’s bumping/bidding on OS positions, in violation of the contract. On 4/26/10, MEC received a copy of a letter from Jerry Holder to IBU asserting that the request for arbitration is untimely. On 6/15/10, IBU responded to Mr. Holder’s letter. On 9/15/10, the parties participated in a settlement conference with Mediator Cox; they made significant progress. They agreed to use the 10/14 hearing date for a settlement conference in Case 17-10. MEC will reschedule another settlement conference and hearing date for Case 16-10. On 10/13/10, the parties met again with Mediator Cox to continue settlement discussions. They are close to reaching agreement. The hearing remains scheduled for 12/13/10. During the 10/22 MEC meeting, Jay Ubelhart, IBU, noted the parties have exchanged some information and hope to get the issue resolved. On 10/22/10, MEC received a letter from AAG Anderson requesting MEC dismiss this grievance as untimely. IBU Counsel responded on 10/29; WSF replied to IBU’s response on 11/2. On 11/2, MEC issued Order Denying WSF’s Motion to Dismiss. On 12/9/10, the parties requested the 12/13 hearing be continued while they exchanged proposals that may settle the matter. Arbitrator Swanson granted the request. The 12/13/10 hearing has been cancelled. On 1/28/11, Jerry Holder stated he is waiting for a proposal from IBU. On 2/23/11, AAG Anderson requested the 3/1 hearing be continued to allow time for WSF to consider IBU’s settlement proposal. The IBU had no objection. Arbitrator Swanson granted the request. The hearing has been continued to 6/22/11.
MEC Case No. 19-10
Christopher Johnson v. MEBA & WSF—Unfair labor practice complaint filed 5/17/10 in which Mr. Johnson charges breach of duty of fair representation/discipline. Specifically Mr. Johnson alleges MEBA acted with restraint and coercion and WSF interfered. On 3/7/11, MEBA filed its Answer to the Complaint. WSF filed its Answer on 3/10/11. On 3/23/11, MEBA Counsel filed a Pre-Hearing Memorandum, requesting that MEC dismiss the complaint. On 3/24/11, the parties gathered for a hearing; however, it was not convened. They chose to discuss settlement options further. At the MEC meeting 3/25 WSF provided MEC with a copy of the parties’ agreement.
MEC Case No. 3-11
IBU v. WSF—Grievance filed 9/14/10 in which IBU alleges WSF violated the 9/09 elimination of touring watches MOU (limitation on flexing shifts). On 1/18/11, IBU and WSF participated in a settlement conference with Mediator Cox, but were unable to resolve the issue. On 1/26/11, IBU Counsel requested the scheduled 2/2 hearing be continued. One of IBU’s main witnesses is unavailable. WSF did not object. Arbitrator Swanson granted IBU’s request. The 2/2/11 hearing has been cancelled. The hearing has been continued to 6/9/11.
MEC Case No. 6-11
IBU v. WSF (Coleman)—Grievance filed 12/14/10 in which IBU alleges WSF denied overtime to Michael Coleman. On 1/20/11, AAG Anderson requested the 2/9 settlement conference be continued. He was recently reassigned to this case and had a schedule conflict on 2/9. IBU did not object. Mediator Swanson has cancelled the 2/9 settlement conference. On 2/22/11, the parties participated in a settlement conference with Mediator Swanson. The matter was not resolved. IBU needs to gather more information. Due to a schedule conflict for Arbitrator Cox, the 3/28/11 hearing has been cancelled.
MEC Case No. 7-11
IBU v. WSF (DeBlasio)—Grievance filed 12/16/10 in which IBU alleges WSF terminated Brandanna DeBlasio without all of the appropriate progressive discipline steps. On 2/22/11, the parties participated in a settlement conference with Mediator Swanson. The matter was not resolved. The hearing remains scheduled for 4/6/11.
MEC Case No. 8-11
IBU v. WSF (Ramsey)—Grievance filed 1/14/11 in which IBU alleges WSF violated Rule 1.01 and Rule 5 of the collective bargaining agreement when Robin Ramsey was terminated. By letter on 1/20/11, Jerry Holder, LRO, declared the grievance untimely and requested the Commission decline to exert jurisdiction over it. On 1/24/11, IBU provided MEC with a copy of a letter sent to J. Holder on 9/21/10, as explanation for the Union’s delay in filing. Mr. Holder stated he never received the letter. On 3/9/11, IBU informed MEC that the parties are engaged in settlement discussions. A hearing will be conducted on both the issue of timeliness and the merits of the case. The hearing is scheduled for 6/16/11.
MEC Case No. 9-11
MEBA v. WSF—Unfair labor practice complaint filed 1/28/11 in which MEBA charges WSF with refusal to bargain watch turnover compensation. A settlement conference was scheduled for 2/17/11; however, the parties notified MEC early that day that they had reached an agreement in principle and are in the process of finalizing it. They asked MEC to cancel the 2/17 settlement conference and schedule another in March, to be available if the parties need it. MEC has scheduled another settlement conference for the parties on 5/9/11 (the earliest workable date). The hearing remains scheduled for 5/26/11. WSF’s Answer to the Complaint is to be filed on or before 5/12/11.
STATUS OF COLLECTIVE BARGAINING 2011-2013
OFM (Office of Financial Management) declared the contracts fiscally unfeasible. As of January 2011, a coalition of ferry employee unions (all but FASPAA and SEIU) is back at the bargaining table with the State to renegotiate the contracts.
On 2/23/11, Jerry Holder reported the parties have made some progress and are scheduled for further negotiations on 2/28 and 3/1. By 3/7/11, ferry employee unions had reached a tentative agreement with the State. Ratification votes are to be conducted shortly.
As of 3/25/11, Gordon Baxter reported that OPEIU has ratified its contract; MM&P counts ballots on 3/25; IBU, MEBA and Metal Trades count ballots on 3/30 or 3/31.
FASPAA..........................Negotiations began in May. The parties were scheduled for interest arbitration on 8/11 and 8/12 before Arbitrator Sylvia Skratek. On 8/3/10, MEC received the lists of disputed issues/final proposals from the parties. On 8/6, MEC issued a Certification of Issues for Interest Arbitration. Apparently the parties reached agreement and cancelled arbitration.
IBU..................................Negotiations began in February. IBU declared impasse on 6/9/10. On 6/15/10, Jerry Holder requested a mediator be appointed. MEC contacted the FMCS. The parties met with appointed mediator, Gary Hattal, on 7/7 and 7/9/10. On 7/12/10, IBU submitted its list of remaining disputed issues/final proposals to MEC. WSF filed its list/proposals on 7/16/10. On 7/22/10, the Commission issued a Certification of Issues for Interest Arbitration . The parties were in dispute over the impasse items. Interest arbitration was set for 8/2-8/6/10 before Arbitrator Sylvia Skratek. On 7/27, the MEC conducted a hearing on disputed final impasse issues for interest arbitration. On 7/29, MEC entered Decision Amending Final Impasse issues for 2011-2013 Interest Arbitration, Decision No. 586-MEC. Arbitrator Skratek issued her award on 9/22/10.
........................................On 8/20/10, WSF filed a Petition for Judicial Review of MEC Decision 586 (MEC IMP 2-10) in Thurston County Superior Court (#10-2-01898-8). Judge Paula Casey is assigned and a status conference is scheduled for 11/19/10. MEC delivered a certified copy of the record to the Court on 9/17/10. The status conference was cancelled; no hearing date set yet.
MEBA...............................Negotiations began in June. The parties reached a tentative agreement on a few items. MEC received the parties’ issues/final proposals for interest arbitration (licensed and unlicensed contracts.) Arbitration was scheduled 8/17-8/20/10 before Arbitrator Elizabeth Ford. On 8/13/10, MEC issued a Certification of Issues for Interest Arbitration. Arbitrator Ford issued her Award on 10/2/10.
RCW 47.64.170 requires the contracts and awards to be submitted to the Office of Financial Management by 10/1/10. MEBA is waiting for formal notification of the State’s position on this situation.
MM&P.............................Negotiations began in April. As of 7/20/10, the parties were at impasse. On 7/30 and 8/2, MEC received the list of remaining disputed issues/final proposals from each of the parties. Interest arbitration was scheduled for 8/16-20/10 before Arbitrator Timothy Williams. On 8/5/10, MM&P objected to WSF’s submittal of Rule 8.06 for certification for interest arbitration. On 8/5, WSF filed a response; MM&P replied to WSF’s letter on 8/6. On 8/13, the Commission issued a Certification of Issues for Interest Arbitration with a “conditional certification” regarding the section in dispute. On 8/27/10, the Commission conducted a certification hearing. On 8/31/10, MEC entered Decision Denying Certification of Rule 8.06 for 2011-13 Interest Arbitration, Dec. 588-MEC. Arbitrator Williams issued his Award on 9/23/10 (both deck officers’ and watch supervisors’ contracts).
On 9/17/10, WSF filed a petition for Judicial Review of MEC Decision No. 588 (MEC IMP 3-11) in Thurston County Superior Court (No. 10-2-02109-1). Judge Paula Casey has been assigned and a status conference scheduled for 1/7/11. MEC delivered the certified copy of the record to the Court on 10/14/10.
The State filed an affidavit of prejudice against Judge Casey. The matter was reassigned to Judge Christine Pomeroy. The 1/7/11 status conference was cancelled. Judge Pomeroy has recused herself from the case. The matter has been reassigned to Judge Murphy and the hearing set for May 27, 2011.
Oper. Watch Superv’s.....Negotiations began in February. On 8/2/10, MEC received the list of remaining disputed issues/final proposals from each of the parties. Interest arbitration was scheduled for 8/16-20/10 before Arbitrator Timothy Williams. On 8/11, MEC issued a Certification of Issues for Interest Arbitration. Arbitrator Williams issued his Award on 9/23/10.
Metal Trades....................On 8/9/10, MEC received the list of remaining disputed issues/final proposals from each of the parties. Interest arbitration was scheduled for 8/25-26 before Arbitrator Jane Wilkinson. On 8/18/10, MEC issued a Certification of Issues for Interest Arbitration. Arbitrator Wilkinson issued her Award on 9/16/10.
OPEIU............................. Negotiations began in May. On 8/23/10, MEC received the parties’ outstanding disputed issues/final proposals. Interest arbitration was scheduled for 8/30-31. On 8/25/10, MEC issued a Certification of Issues for Interest Arbitration. Arbitrator Lumbley issued his Award on 9/23/10.
SEIU................................ Negotiations began in June. The parties have a collective bargaining agreement TA’d. On 8/20/10, MEC received confirmation that the parties have no outstanding issues they are seeking to advance to interest arbitration.
OFM/LRO Negotiator Jerry Holder: IBU, MM&P, Operations Watch Supervisors, Metal Trades
OFM/LRO Negotiator Glenn Frye: FASPAA, MEBA, OPEIU, SEIU
Update from Gordon Baxter on Collective Bargaining
All unions have come to tentative agreement with OFM concerning collective bargaining. OPEIU ratified their agreement two weeks ago. The week of March 21-25 had meetings all week. Some unions require mail ballots and others use drop boxes or mail. Masters, Mates & Pilots count is to be finished by noon today (3/25/11). Inlandboatmen’s Union will be counting on the 30th and Metal Trades and Marine Engineers Beneficial Association will be counting on the 31st. Many members are turning out for the votes and the meetings have had good attendance.
ADMINISTRATIVE REPORT
Legislation Eliminating the MEC
Six bills have been filed which eliminate the MEC and transfer all duties and assets to PERC: House Bills 1511 and 1512 and Senate Bills 5405, 5406, 5408 and 5742. Both executive sessions and work sessions have been held on the bills and fiscal notes have been finalized for all six bills. House Bill 1511 was amended on 3/23/11 to incorporate MEC as a division of the Public Employment Relations Commission (PERC). Senate Bills 5405, 5406, and 5742 have been passed to Rules Committee for second reading and placed on second reading.
Transportation Budget Bills Affecting the MEC
Hearings on both 2011-13 transportation budget bills were held this week. For House Bill 1175 the original bill submitted at the request of the Governor included MEC at $398,000 (a 12% reduction from 09-11); the proposed Substitute House Bill 1175 presented at hearing on March 21, 2011 eliminates funding of MEC with the statement “per House Bill 1512 and House Bill 1511, the MEC is eliminated and the responsibilities of the MEC are transferred to the Public Employee’s Relations Committee.” For Senate Bill 5176 the original bill submitted at the request of the Governor also included MEC at $398,000; the proposed Substitute Senate Bill 5176 presented at hearing on March 23, 2011 has no listing or mention of the MEC for 2011-13.
Travel Expense Review
MEC’s travel policy requires the Commissioners to review all travel expenses for all employees in the agency every 6 months. All the Commissioners have reviewed July 1, 2010 to December 31, 2010. Commissioner Cox moved for approval of the July 1, 2010 to December 31, 2010 travel expenses and Commissioner Swanson seconded the motion. The “ayes” were unanimous and the travel expenses were approved.
The meeting adjourned at 10:30 a.m.
Next meeting:
Friday, April 22, 2010, 10:00 a.m., Evergreen Plaza Building 2nd Floor 711 Capitol Way South, Olympia