AWC Personnel News - December 2008 (Print All Articles)Caring for Yourself When Layoffs OccurWith the chaos on Wall Street, declining housing markets and global economic downturn, it’s not surprising that many employers are looking to reorganization and reductions in workforce to balance their budgets. With the chaos on Wall Street, declining housing markets and global economic downturn, it’s not surprising that many employers are looking to reorganization and reductions in workforce to balance their budgets. According to AWC’s State of the Cities 2009 survey, 22% of responding cities in our state are planning some decrease in workforce and 8% indicate a significant decrease and as budgets are finalized, many more may follow. Nationally, as reported in the IPMA-HR Public Sector Economic Conditions Survey, more than half of the respondents indicate their agencies have already implemented hiring freezes and 25% will implement layoffs next year. We have entered a confusing and stressful time when much attention is focused on the employees affected by the downsizing, but we must also recognize that layoffs are difficult and emotional for managers and HR professionals as well. Here are some helpful tips for those charged with delivering the difficult news:
Make sure you take care of yourself and consider seeking professional help if you experience these warning signs (more often than usual):
Latest CPI DataThe most recent CPI figures released by the Bureau of Labor Statistics are shown below. November figures will be released on December 16. The most recent CPI figures released by the Bureau of Labor Statistics are shown below. November figures will be released on December 16. Seattle-Tacoma-Bremerton Area Bi-Monthly Index(Oct 2008 compared to Oct 2007) CPI-U: 3.4%
U.S. All City Average(Oct 2008 compared to Oct 2007) CPI-U: 3.7%
West B/C Cities Index(Oct 2008 compared to Oct 2007) CPI-U: 3.0%
Seattle-Tacoma-Bremerton Area Semi-Annual Average(First half of 2008 compared to first half of 2007) CPI-U: 4.6%
Portland-Salem Area Semi-Annual Average(First half of 2008 compared to first half of 2007) CPI-U: 3.9%
CPI information, updated each month after the newest CPI figures are released, is available on AWC’s website. For a chart showing U.S., Seattle, and Portland area data, go to www.awcnet.org/documents/cpidata.pdf.
What Resources are Available for Laid-off Employees?Here’s a quick reference list with website links for benefits and resources for employers and employees facing reductions in workforce. Here’s a quick reference list with website links for benefits and resources for employers and employees facing reductions in workforce:
You might consider devoting a page on your website or intranet to assist employees facing lay-off. Snohomish County has done so and their site features information such as rumor control, e-learning, employee assistance programs, job fairs, job opportunities and interview tips.
Federal UpdateRecent updates at the federal level. FMLAThe U.S. Department of Labor updated the Family and Medical Leave Act (FMLA) in an effort to speed up the implementation of the new expanded coverage for military family members to care for an ill or injured service member and time to manage their personal affairs when their service member is called for active duty. The final rule, which can be found at www.dol.gov/opa/media/press/esa/esa20081703.htm addresses general FMLA rights and obligations for both workers and employers under the new law. Unemployment Insurance Extended BenefitsExtended Benefits are available to workers who have exhausted regular unemployment insurance benefits during periods of high unemployment. The basic Extended Benefits program provides up to 13 additional weeks of benefits to those who qualify, when the state is experiencing high unemployment. The original law, approved in June 2008, provided up to 13 weeks of additional benefits. It was amended effective November 21 and now provides up to 20 weeks of benefits. For more information about unemployment benefits, go to www.esd.wa.gov/uibenefits/faq/additional-emergency-ui-benefits.php. 2009 Standard Mileage Rates AnnouncedEffective January 1, 2009, the optional standard mileage rate established by the IRS for business-related travel will be 55 cents per mile. Due to a recent decline in gasoline prices, the new reimbursement rate is down from 58.5 cents per mile for business miles driven from July 1, 2008, through December 31, 2008, but higher than the first half of 2008 when the mileage rate was 50.5 per mile. The standard mileage rates set a ceiling on employers’ reimbursements to employees when they use their personal vehicles for the employer’s purposes.
Workers’ Compensation Rates IncreaseAfter a series of public hearings held across the state during the month of October, the Department of Labor & Industries will move forward with plans to increase premiums for workers’ compensation insurance, on average, 3 percent in 2009, resulting in a premium increase of approximately 2 cents per hour worked. After a series of public hearings held across the state during the month of October, the Department of Labor & Industries will move forward with plans to increase premiums for workers’ compensation insurance, on average, 3 percent in 2009, resulting in a premium increase of approximately 2 cents per hour worked. Calculations based on anticipated claims and higher medical costs pointed to the need for a 6.3 percent premium increase generating $119 million. Instead, it was decided to implement a 3 percent increase generating $57 million, with L&I reserves absorbing the balance. Individual employers could see their rates go up or down, depending on their recent claims history and any changes in the frequency and cost of claims in their industry. Increases for relevant city classification include:
Tables showing the new rates can be found on the L&I website at www.lni.wa.gov/ClaimsIns/Insurance/RatesRisk/Check/RatesHistory/default.asp, then click on 2009 rate tables.
Loudermill & Weingarten – A Brief RefresherAs most public employers are already aware, some public employees enjoy "property interest" rights in their job. As most public employers are already aware, some public employees enjoy "property interest" rights in their job. These due process rights are explained in the U.S. Supreme Court’s Loudermill decision. Public Employers are required to give an employee notice of the charges against him or her and an opportunity to respond before the employer can finalize and implement a termination or suspension. Although "at-will" public employees are not considered to have "property interest" rights in their employment, they are afforded a pre-disciplinary hearing in any situation which may be considered stigmatizing to the employee and be recorded in the employee’s personnel file. This is considered a "liberty interest" and the at-will employee must be given the opportunity for a "name-clearing" hearing involving notice of charges and the right to respond to those charges. It is important to note that both the Loudermill Hearing and the Name-Clearing Hearing are about process and not outcome. There are often important reasons for creating clear and factual records of dismissal and discipline and facts should not be omitted simply because they are unpleasant or stigmatizing to the employee. In either case, the hearing may be informal, as long as adequate notice is given the employee. What is stigmatizing information?When the employee’s reputation may be harmed by being accused of dishonesty, immorality, criminal behavior, sexual harassment or receiving kickbacks. Charges of incompetence, negligence and insubordination do not rise to the level of stigmatizing. However, if in doubt – err on the side of caution and conduct a hearing prior to any dismissal, suspension or demotion. Under the Weingarten Rule and Washington State Law, where a labor organization has collective bargaining rights, the employee is entitled to representation by his or her collective bargaining representative during a disciplinary interview. Weingarten principles provide that the employee must reasonably believe that the interview will result in disciplinary action for the right to representation to exist; the right to representation only exists where the employer is eliciting information from the employee and where the employer is eliciting information in written form. The employee must request such union-representation, the labor organization, not the employer or the employee selects the Weingarten representative, and the right is be represented by the employee’s labor organization only, not the employee’s private attorney. The exercise of the right to representation cannot unduly interfere with legitimate needs of the employer. Weingarten does not require union representation every time you wish to talk to a subordinate employee, nor is it applicable as part of a performance evaluation. If the employee to be interviewed is merely a witness and not subject to discipline, Weingarten rights would not be triggered. An employee who is subject to an interview under Weingarten is entitled to a single union representative and not multiple union representatives. If the employee does not request the presence of the union in advance, but decides to do so after the interview has begun, adjourn the meeting and allow time for the employee to secure union representation. Should the Weingarten process be followed during a Loudermill Hearing?Typically, Weingarten rights do not apply to a Loudermill Hearing. Loudermill entitles employees to the notice of charges against him or her and the opportunity to dispute the charges after a disciplinary determination has been made. In most cases, additional questions are not asked during the Loudermill Hearing which would trigger Weingarten. The consequences of not following proper Loudermil and Weingarten procedures could result in an unfair labor practice charge and/or significantly impair the employer’s position in the event of arbitration.
Steady Steering Through the HolidaysDecember is here, and it can be full of holiday busyness and year-end deadlines. December is here, and it can be full of holiday busyness and year-end deadlines. Many of us feel the pinch with conflicting priorities and multiple distractions, which can easily lead to a sense that there is just too much to do! Needless to say, when this happens the holiday season can turn into something less than joyous. To navigate the next month with greater ease, remember:
With a bit of planning and some extra self-care, you will find yourself moving through the next month with greater ease. Here's to a great December and a Happy New Year! Robin Rose
NPELRA Begins New Supervisory Training ProgramNPELRA - the National Public Employer Labor Relations Association – has launched a new web-based Supervisory Training Program to provide public sector supervisors and managers the training they need to carry out their day-to-day responsibilities. NPELRA - the National Public Employer Labor Relations Association – has launched a new web-based Supervisory Training Program to provide public sector supervisors and managers the training they need to carry out their day-to-day responsibilities. The 90-minutes programs, which will be scheduled quarterly, allow you to train one supervisor or many for the same cost. The first session, A Supervisors Guide to Coaching and Counseling Employees, was held on December 11. Topics for future sessions are expected to include:
For more information, go to www.npelra.org.
Confused about NPELRA and WAPELRA Membership?WAPELRA, the Washington Public Employer Labor Relations Association, is the state affiliate of NPELRA. WAPELRA, the Washington Public Employer Labor Relations Association, is the state affiliate of NPELRA. More than 175 public agencies in Washington are members of WAPELRA. The $200 annual membership fee includes an agency membership in WAPELRA and one individual membership in NPELRA. This is a bit confusing, especially when people want to take advantage of the lower membership rate for NPELRA training events, like their annual training conference, labor relations academies, or the new supervisory training program. Here’s an explanation of how membership works. For the WAPELRA Fall Conference or other training events sponsored by WAPELRA, any personnel, labor relations, or management staff person of the agency can attend at the member rate. However, member rates for NPELRA-sponsored training events are only available to the one designated NPELRA member in the agency. Of course, additional staff people can join NPELRA, for another dues payment of $200 for each NPELRA membership. If you have any questions about your membership status, contact Deanna Krell at 360-753-4137 or deannak@awcnet.org. If you’re not currently a member but are interested in joining WAPELRA and NPELRA for 2009, go www.awcnet.org/wapelra and click on Membership Application. You can also find more information about WAPELRA and see a list of current member agencies on this site.
Labor Relations ToolsIf you’re still in contract negotiations with some of your bargaining units, remember that AWC has a number of publications and online resources that can help. If you’re still in contract negotiations with some of your bargaining units, remember that AWC has a number of publications and online resources that can help. 2008 AWC Washington City and County Employee Salary Survey - $150This comprehensive survey includes salaries paid to more than 120 job classifications in city and county governments, plus information on the major benefit programs offered to employees. Cities and other AWC members received at least one free copy of the survey. Others, including unions, may purchase it for $150. To order, go to www.awcnet.org/forms/orderpublication.asp. 2008 Police/Fire Compensation Survey - $50This survey contains detailed police and fire salary and benefit data and is available to management representatives only. The survey results are available in an online reporting tool, allowing you to choose your own comparable jurisdictions and easily generate customized reports. Go to www.awcnet.org/forms/PForder.pdf for a copy of the order form. Online Labor ContractsMany police and fire labor contracts are available on AWC’s online Labor Contracts and Arbitration Decisions Database, which is available to management representatives in cities and to others who purchase the Police/Fire Compensation Survey. Please contact Deanna Krell at deannak@awcnet.org or 360-753-4137 if you have any questions about these resources and how to purchase and/or access them. If you’ve recently settled a contract with your police or fire unions, please e-mail a copy and it will be posted online.
Wage SettlementsThe following are examples of wage settlements for 2009. The following are examples of wage settlements for 2009. Increases are effective January 1, 2009, unless otherwise noted.
If you’ve recently settled a new police or fire contract for 2009 and beyond, please email a copy to Deanna Krell at deannak@awcnet.org.
Upcoming Conferences and WorkshopsBe sure to check out the Training Calendar on AWC's website on a regular basis, at www.awcnet.org. NPELRA Annual Training ConferenceApril 5-9, 2009
Registration is now open for NPELRA’s 2009 Annual Training Conference in San Antonio. Go to www.npelra.org/files/public/2009brochure.pdf or register online at www.npelra.org. Employee Health AcademyApril 14-16, 2009
This event brings together health promotion, employee benefits, and injury prevention staff to learn how to develop strategies for promoting health, increasing productivity, and managing costs. More information will be available in February at www.awcnet.org/healthacademy. AWC Labor Relations InstituteMay 19-21, 2009
This popular annual event helps public sector appointed and elected officials keep up-to-date on personnel and labor relations issues. Additional details and registration information will be available in March. If you have suggestions for session topics, or you would like to be a presenter at the Institute, e-mail Deanna Krell at deannak@awcnet.org. WAPELRA Fall ConferenceSeptember 23-25, 2009
The Washington Public Employer Labor Relations Association fall conference dates and location have been set. As the date approaches, more information will be posted at www.awcnet.org/WAPELRA.
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