STATE OF WASHINGTON
MARINE EMPLOYEES’ COMMISSION
Evergreen Plaza Building
P.O. Box 40902
Olympia, Washington 98504-0902
(360) 586-6354
Friday, April 22, 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 - Jeff Duncan, Marine Engineers’ Beneficial Association
Bill Knowlton, Marine Engineers’ Beneficial Association
Mark Schutter, WSF Labor Relations
Jay Ubelhart, Inlandboatmen’s Union of the Pacific
The meeting was called to order at 10:04 a.m.
Moved, seconded and carried: to adopt the agenda distributed at the meeting.
Moved, second and carried: to approve the minutes of the March 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.) On 4/22/11, Jay Ubelhart reported that the parties should be able to get back to scheduling this issue in the near future.
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. Due to a back injury, on 3/31/11 AAG Anderson requested the 4/1 brief filing date be extended to 4/8. Examiner Cox granted the request. Briefs were timely filed. Decision pending.
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. Due to other pressing issues, MEBA and IBU have not fully discussed this matter. During the 4/22/11 MEC meeting, they indicated they expect to find time for it now.
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 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. As of 4/22/11, IBU has not received WSF’s response to its proposal. 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. By letter from Counsel G. Rhodes on 3/31, Mr. Johnson withdrew the complaint. On 4/13/11, MEC entered Order Closing Settled Complaint, Dec. No. 601-MEC.
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 and was granted a continuance of the 2/2 hearing. The hearing was rescheduled for 6/9/11. On 4/18/11, IBU withdrew its grievance arbitration request. The 6/9/11 hearing was cancelled. On 4/20/11, MEC entered Order Closing Withdrawn Grievance, Dec. No. 603-MEC.
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 was cancelled. IBU requested MEC hold off rescheduling for the time being.
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. On 3/31/11, IBU withdrew Case 7-11; the 4/6/1/11 hearing was cancelled. On 4/13/11, MEC entered Order Closing Withdrawn Grievance, Dec. No. 602-MEC.
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. A hearing will be conducted on both the issue of timeliness and the merits of the case. On 3/9/11, IBU informed MEC that the parties are engaged in settlement discussions. 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. During the 4/22/11 MEC meeting, Jeff Duncan reported that engineers are to receive watch turnover payment from WSF on 4/25, which is meant to bring their compensation up-to-date. 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) returned to the bargaining table with the State to renegotiate the contracts.
As of 3/25/11, Gordon Baxter reported that OPEIU had ratified its contract. By the end of March, the remaining contracts were ratified.
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 case was reassigned to Judge Carol Murphy and a hearing scheduled for 5/27/11. WSF filed its brief on 4/12/11. The case has been reassigned to Judge Lisa Sutton. Respondents’ briefs (MEC and IBU) are due 5/2/11.
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 Carol Murphy and the hearing set for 5/27/11.WSF filed its brief on 4/12/11. The case has been reassigned to Judge Lisa Sutton. Respondents’ briefs (MEC and MM&P) are due 5/2/11.
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
ADMINISTRATIVE REPORT
Legislation Eliminating the MEC
Bill activity has been conducted at a rapid pace. Only two of the six bills filed eliminating the MEC and transferring all duties and assets to PERC are active: House Bill 1516 and Senate Bill 5742. On 4/14/11, the House refused to concur with the Senate amendments to HB 1516 and asked the Senate to recede from the amendments. On 4/19/11, the Senate refused to recede and requested a conference. On 4/21/11, the House refused to concur in Senate amendments and asked the Senate to recede from the amendments. Senate Bill 5742 was amended and now makes the MEC a separate division in PERC. It passed out of the House on 4/14/11 and was referred to Ways and Means on 4/19/11. A public hearing was held 4/21/11 in Ways and Means, passed with amendments, and placed on second reading.
2011-13 Transportation Budget Bills Affecting the MEC
The original House Bill 1175 submitted at the request of the Governor included MEC at $398,000 (a 12% reduction from 09-11) and also included MEC’s 2009-11 supplemental request for attorney general funding for $30,000; ESHB 1175 eliminates funding of the MEC but retains the $30,000 supplemental. Original Senate Bill 5176 submitted at the request of the Governor also included MEC at $398,000 but did not include MEC’s supplemental request. SSB 5176 does not include funding for MEC for 2011-13 but cuts MEC’s current 2009-11 budget by $66,000 and doesn’t include the supplemental request. When MEC’s OFM Transportation budget analyst was contacted about this cut, he responded that Transportation Budget staff indicated the cut of $66,000 to this year’s budget was a mistake based on a miscommunication with OFM. He said OFM is talking with legislative staff to correct this item in the budget. MEC has not yet received verification of that correction.
State Shared Services
All state agencies are being moved to the new Shared Services e-mail. In addition to e-mail, e-mail filtering and e-mail storage are part of this new service. MEC’s e-mail address will change when MEC is migrated over. Information will be provided when that change is about to occur.
The meeting adjourned at 10:27 a.m.
Next meeting:
Friday, May 20, 2011, 10:00 a.m., Rainier Conference Room, 4th Floor, Washington State Ferries Building 2901 3rd Avenue, Seattle