Furlough Grievance Update

– Debbie Brookman, Labor Advocate, WFSE/AFSCME Staff

This is a quick update on the status of the various Temporary Layoff (TLO)/Furlough grievances filed in Ecology.
 
Lucas et al. This case was filed on behalf of overtime exempt Ecology employees. We went to a hearing on the "arbitrability" of the cases on 9/27/11. The issues included timeliness, who should be included in the group grievance, whether or not each individual grievant must show harm and a contract violation versus just showing it for the group as a whole, and other issues related to whether or not these grievances can be heard on their merits. Briefs were due on 11/8/11. The arbitrator should issue a decision approximately 30-days from that date. Depending on the arbitrator's decision on arbitrability, this case could go to a second hearing on the "merits" of the grievance.
 Stolz et al. - This case was filed on behalf of the permanent emergency spill responders who were not exempted from the furloughs even though the law exempted their services from the layoffs. This case is being handled by our law firm and was scheduled to go to hearing on Monday, 11/7/11. A decision should be available by the end of January, if not sooner.
 
Fiedler et al. - This case was filed on behalf of Ecology employees who were not allowed to adjust their alternate work schedules during the first furloughs (those that occurred before the Memorandum of Understanding allowing schedule adjustments was in place). We were scheduled to go to a hearing on the arbitrability of the grievances but ended up settling those issues. Now, the case has been referred to our attorney and a hearing on the merits is scheduled for March 19, 2012.
 
Groves et al. - This case was filed on behalf of part-time Ecology employees whose work schedules were reduced to less than 20-hours as a result of the furloughs. This case has been consolidated into several other grievances filed in DSHS and the Department of Health.  Questions about this grievance should be directed to Sherri Ann Burke, Labor Advocate, at WFSE Headquarters.
Other questions can be directed to Debbie at 360-352-7603 or 800-562-6002.