PREAMBLE 1

This document constitutes an Agreement by and between the Governor of the State of 2
Washington (hereinafter referred to as the State) and the Washington Federation of 3
State Employees, AFSCME, Council 28, AFL-CIO, (hereinafter referred to as the 4
Union) in accordance with the provisions of RCW 41.56. 5
ARTICLE 1 6
UNION RECOGNITION 7
1.1 Recognition 8
The Washington Federation of State Employees, AFSCME, Council 28, AFL- 9
CIO is recognized as the sole and exclusive representative of language access 10
providers as defined in RCW 41.56.030(10). Language access provider means 11
any independent contractor who provides spoken language interpreter services for 12
Department of Social and Health Services appointments or Medicaid enrollee 13
appointments whether paid by a broker, language access agency, or the 14
Department of Social and Health Services. Language access provider does not 15
mean an owner, manager, or employee of a broker or language access agency. 16
The parties acknowledge and agree that a statewide unit is the only unit 17
appropriate for purposes of collective bargaining. 18
1.2 Posting of Agreement 19
The State will post the Agreement electronically on the Office of Financial 20
Management State Human Resources/Labor Relations Division Section web 21
page. 22
ARTICLE 2 23
NON-DISCRIMINATION 24
2.1 The State and the Union are committed to a policy of non-discrimination. The 25
State shall not discriminate with respect to matters specified in RCW 26
41.56.510(2)(c) on the basis of race, gender, sex, sexual orientation, creed, 27
religion, color, marital or parental status, age, national origin, ancestry, military 28
status, citizenship status, political affiliation and/or beliefs, or disability. 29
2.2 This Article shall not be construed as otherwise limiting or impeding the right of 30
third parties and/or Department of Social and Health Services representatives to 31
select and/or contract with any interpreter based on the specific needs of the 32
Limited English Proficiency client. 33
34
ARTICLE 3 35
UNION RIGHTS 36
3.1 The State shall remain neutral on the question of union membership and union 37
representation for interpreters. All questions addressed to the State concerning 38
membership or representation by the Union will be referred to the Union. 39
3.2 The State shall not meet, discuss, confer, subsidize or negotiate with any other 40
labor or language access provider organization or its representatives on matters 41
specified in RCW 41.56.510(2)(c). 42
3.3 The State will not, on account of membership or non-membership in the Union, 43
discriminate against, intimidate, restrain or coerce an interpreter on account of the 44
exercise of rights granted by this Agreement or in protected activities on behalf of 45
the Union. 46
3.4 Orientation 47
The State will notify the Union in writing of the date, testing site, times, and 48
number of registered testing applicants on a quarterly basis with the first report 49
occurring on July 1, 2013. 50
A. Written testing administered in a Department of Social and Health 51
Services building 52
The State will make reasonable efforts to provide the Union access to a 53
meeting space thirty (30) minutes after the start of written testing to 54
provide information about the Union and this Agreement to testing 55
applicants. If a meeting space is not available, the Union will be granted 56
access to the testing room thirty (30) minutes prior to the start of 57
registration to provide information about the Union and this Agreement to 58
testing applicants. 59
B. Written testing not administered in a Department of Social and Health 60
Services building 61
The Union will be responsible for scheduling and costs associated with a 62
meeting space to provide information about the Union and this Agreement 63
to testing applicants. 64
C. The Union may provide the Language Testing and Certification program a 65
one (1) page brochure outlining information about the Union and this 66
Agreement for distribution to testing applicants. Pursuant to Article 121, 67
the Union may provide a Union dues/fees authorization card for 68
distribution with the one (1) page brochure. This one (1) page brochure 69
will be neutral in content and approved by the State prior to distribution. 70
D. When the Language Testing and Certification program notifies testing 71
applicants of their written testing location, they will also notify the 72
applicants of the Unions meeting space location and times under Section 73
3.4 A. 74
ARTICLE 4 75
PROFESSIONAL DEVELOPMENT AND TRAINING 76
4.1 The purpose of professional development and training requirements for 77
interpreters is to maintain the skill levels interpreters possess at the time they pass 78
their interpreter certification examination, and to further enhance their skills and 79
knowledge. Both the State and the Union encourage interpreters to complete 80
training and continuing education activities. 81
4.2 The parties agree to establish maintain an a professional Professional 82
Ddevelopment and Ttraining Ccommittee (PDTC) under the provisions of Article 83
8, Union-Management Committees within six (6) months of the effective date of 84
this Agreement. 85
A. Composition of Committee 86
The number of participants on this committee will be four (4) from the 87
State, four (4) from the Union, one (1) from a higher education institution 88
and one (1) from a professional interpreter association (NOTIS, WITS, 89
etc.) The State and Union must mutually agree on participants from the 90
higher education institution and the professional interpreter association. 91
B. Responsibilities for Committee 92
The Committee will be responsible for identifying ways to create and 93
maintain a stable pool of professional and qualified interpreters. 94
C. Notice If State Implements Recommendation 95
If the State decides to implement any recommendations from the 96
committee, it will give notice to the Union in accordance with Article 109, 97
Mandatory Subjects. 98
4.3 The State and/or its coordinating entities will: 99
A. Post a link to the National Standards on Culturally and Linguistically 100
Appropriate Services (CLAS) on the coordinating entities websites. 101
B. Post a link to the DSHS Language Interpreter and Translator Code of 102
Professional Conduct on the coordinating entities websites. 103
C. Post a link to the current collective bargaining agreement (CBA) on the 104
coordinating entities websites. 105
D. Annually distribute a copy of the DSHS Language Interpreter and 106
Translator Code of Professional Conduct to Medicaid medical providers. 107
E. After approval by the Union and the State, annually distribute to Medicaid 108
medical providers a one (1) page informational document relating to: 109
1. How the union contract (CBA) applies to medical providers; 110
2. A reference to National Standards on Culturally and Linguistically 111
Appropriate Services (CLAS); 112
3. A reference to the DSHS Language Interpreter and Translator 113
Code of Professional Conduct; 114
4. A reference to Title VI of the Civil Rights Act of 1965; 115
5. Suggestions to assist medical practitioners to identify the 116
circumstances under which it is appropriate to use telephonic or 117
video remote interpreting. 118
E. On a quarterly basis, make available to all authorized requestors an 119
electronic tutorial guide on completion of work order forms. 120
4.4 The DSHS-WFSE/AFSCME Professional Development Committee (PDC) will 121
evaluate and identify the available resources and potential educational or training 122
opportunities for medical and social service interpreters. 123
4.4 Annual Communication to Authorized Requestors 124
A. Communication to Medicaid Medical Providers 125
After approval by the Union and the State, annually distribute to 126
Medicaid medical providers a one (1) page informational document 127
relating to: 128
1. How the union contract (CBA) applies to medical providers; 129
2. A reference to National Standards on Culturally and 130
Linguistically Appropriate Services (CLAS); 131
3. A reference to the DSHS Language Interpreter and Translator 132
Code of Professional Conduct; 133
4. A reference to Title VI of the Civil Rights Act of 1964; 134
5. A reference to the modalities available to authorized requestors, 135
and suggestions to assist them in recognizing the circumstances 136
when it is appropriate to use remote interpreting; and 137
6. Suggestions on how to work with interpreters. 138
B. Communication to Applicable DSHS Employees/Authorized Requestors 139
After approval by the Union and the State, annually make available to 140
applicable DSHS employees a one (1) page informational document 141
relating to: 142
1. How the union contract (CBA) applies to services covered by this 143
agreement; 144
2. A reference to National Standards on Culturally and Linguistically 145
Appropriate Services (CLAS); 146
3. A reference to the DSHS Language Interpreter and Translator Code of 147
Professional Conduct; 148
4. A reference to Title VI of the Civil Rights Act of 1964; 149
5. Suggestions on how to work with interpreters; and 150
6. A reminder for DSHS employees to schedule appointments through the 151
coordinating entity. 152
4.5 Interpreter Advisory Group 153
A. By July 1, 2015, the parties will establish a volunteer Advisory Group to 154
provide input to the State on its duties per Chapter 388-03 WAC, Rules and 155
Regulations for the Certification of DSHS Spoken Language Interpreters 156
and Translators. 157
B. Composition of the Interpreter Advisory Group 158
The DSHS Secretary or designee will make all appointments to the 13- 159
member Advisory Group to include: 160
1. One (1) designated representative each from DHS, HCA, the 161
Department of Enterprise Services, and another agency; 162
2. Two (2) spoken language interpreters; 163
3. One (1) physician licensed by the state under Chapter 18.57, 18.29, 164
or 18.71; 165
4. One (1) hospital language access administrator; 166
5. Two (2) representatives from the immigrant or refugee advocacy 167
organizations; 168
6. One (1) member from the public; 169
7. One (1) representatives from the WFSE, AFSCME Council 28; 170
8. One (1) representative from DSHS Language Testing and 171
Certification program (LTC). 172
C. The Advisory Group shall meet three times per year, or as needed or as 173
requested by DSHS. 174
175
ARTICLE 5 176
DOCUMENTATION 177
5.1 The authorized requester, interpreter and the language agency or coordinating 178
entity will shall be required to complete the appointment work order form and that 179
willshall be the only basis for payment by the State and/or third parties, unless 180
otherwise required by Medicaid regulations. DSHS may also require the 181
completion of daily logs for appointments that list patients/clients, type of service, 182
case-worker payment and service duration that were provided during a block-time 183
appointment. 184
5.2 For in-person or block time appointments, the appointment work order form shall 185
will indicate the authorized requestors scheduled start and end times of the 186
appointment. The State and/or its third parties must require authorized requestors 187
and interpreters to sign the appointment or electronically submit a work order 188
form, indicating: 189
A. The interpreters start time if different from the scheduled start time, per 190
Article 6.3; and 191
B. The interpreters actual service completion time. 192
5.3 Interpreters will have electronic access capabilities to view the specific duration 193
and dates(s) for when they provided services or were scheduled to provide such 194
services through the States. 195
5.4 In order for the interpreter to fully prepare, work order forms will include space 196
for the authorized requestor to describe the department or field of services, if 197
known. Information supplied in this field will be limited by federal and state law 198
regarding confidentiality of information. 199
5.5 Electronic Work Orders with Incomplete Times 200
When a coordinating entity allows for electronic completion of work order forms, 201
and an authorized requestor has not electronically entered a start or end time for a 202
job within two (2) business days after the date of service, the coordinating entity 203
or language agency shall notify the authorized requestor no later than 5:00 PM on 204
the next business day. 205
5.6 Disputed Times on Electronic Work Orders 206
When a coordinating entity allows for electronic completion of work order forms, 207
and the interpreter disputes the authorized requestors entered start and 208
completion time, the coordinating entity or language agency shall contact the 209
authorized requestor within four (4) business days after the dispute by the 210
interpreter to discuss the alternative times provided by the interpreter. 211
5.7 The electronic work order form completed by the authorized requestor will be the 212
basis for payment. However, when completing an electronic work order form, the 213
authorized requestor may complete a paper format of the work order if requested 214
by the interpreter. If there is a dispute over the start and/or stop times, the State 215
and/or its third parties shall consider the paper format of the work order. 216
Decisions to not request the signing of a written form will not be a basis for 217
judgment against an interpreter who grieves any part of this Agreement. 218
219
ARTICLE 6 220
ECONOMIC COMPENSATION 221
6.1 Definitions 222
A. In-person appointments are defined as appointments where an interpreter 223
provides interpreter services face to face to a specific patient or client(s). 224
B. Block time appointments are defined as DSHS appointments scheduled for 225
a specific time period rather than for a specific patient or client on-site at a 226
DSHS Economic Services Administration Office. 227
C. Telephonic and video appointments are provided via telephonic or video 228
remote technologies outside of block time appointments. 229
D. Family Member Appoint is an appointment where the same authorized 230
requestor schedules two or more appointments to see multiple family 231
members. The interpreter shall be paid from the start of the first 232
appointment through the end of the final appointment; however, the 233
interpreter shall be paid at least the one hour minimum. The total time 234
requested for a family member appointment cannot exceed ninety (90) 235
minutes. 236
237
6.21 Rate of Pay 238
A. In-Person Interpreting Services 239
Interpreters who are contracted through the coordinating entity, for in- 240
person and consecutivefamily member appointments for spoken language 241
interpreter services will be paid thirty-seventwo and ten cents dollars 242
($37.1032.00) per hour effective July 1, 20153, and thirty-eighttwo dollars 243
and fifty cents ($32.5038.00) per hour effective July 1, 20164. 244
If the Department of Social and Health Services contracts directly with a 245
language agency, or directly with an interpreter, the interpreter will be 246
paid a minimum of thirty-seventwo dollars ($372.00) per hour effective 247
July 1, 2015, and thirty-eight dollars ($38.00) per hour effective July 1, 248
2016.for in-person appointments. 249
Interpreters will be paid a minimum of thirty-one dollars ($31.00) per hour 250
for block time appointments. 251
B. Telephonic and Video Remote Interpreting Services 252
When interpreter services are provided for appointments via telephonic or 253
video remote technologies outside of block of time appointments, the rate 254
of pay will be fifty-foursixty ($0.5460) cents per minute. 255
6.2 Definitions 256
A. In-person appointments are defined as appointments where an interpreter 257
provides interpreter services face to face to a specific patient or client(s). 258
B. Block time appointments are defined as DSHS appointments that are 259
scheduled for a specific time period rather than for a specific patient or 260
client. 261
C. Consecutive appointment is defined as a series of Medicaid medical 262
enrollee appointments that are each of a scheduled duration of forty-five 263
(45) minutes or less, that are requested by the same authorized requestor 264
or take place in very close proximity to each other (e.g., same clinic, 265
hospital, or facility), for which the same interpreter is contracted to 266
provide in-person interpreter services and that begin, or are scheduled to 267
begin, within fifteen (15) minutes of the last completed appointment. 268
6.3 Appointment Times 269
A. Minimums/Durations 270
An interpreter will be paid for a minimum of one (1) hour for each in- 271
person appointment, regardless of the number of Limited English 272
Proficiency clients present and served during the appointment. 273
For a consecutive appointment,family member appointment, an 274
interpreter will be paid from the start time of the first appointment in the 275
series through the actual end time of the last appointment in the series, or a 276
minimum of one (1) hour, whichever is greater. 277
Block time appointments will be scheduled for a minimum of two (2) 278
hours and interpreters will be paid for the duration of the scheduled block 279
time appointment. 280
In-person, consecutivefamily member, or block time appointments lasting 281
longer than the minimum will be paid in fifteen (15) minute increments 282
with any fraction of an increment rounded up to the nearest fifteen (15) 283
minute increment. 284
An interpreter will be paid a minimum of three (3) minutes when they 285
provide interpreting services via telephonic or video remote technologies. 286
When an interpreter provides telephonic or video remote interpreting 287
services longer than for the minimum, the interpreter will be paid in one 288
(1) minute increments with any fraction of an increment rounded up to the 289
nearest one (1) minute increment. 290
B. Start times 291
The start time of the appointment will be the scheduled start time or the 292
time the interpreter arrives, whichever is later, unless the authorized 293
requester, patient/client, and interpreter all agree to start earlier. If the 294
interpreter arrives for the appointment and services are not provided, the 295
interpreter will only be eligible for payment under Article 6.5-No Shows 296
and Cancellations. 297
C. Scheduled Breaks in Appointments 298
An authorized requestor may include no more than a one (1) hour unpaid 299
break within a single request for services, and only if the total duration of 300
the appointment including the unpaid break is three (3) or more hours. 301
6.4 Background Checks 302
Before providing interpreter services under this Agreement and annually 303
thereafter, the interpreter will submit to a Washington State Patrol criminal 304
history background check conducted by the coordinating entity. The interpreter 305
shall not pay more than the actual costs to conduct the background check. The 306
coordinating entity will provide an electronic copy of the background check to the 307
interpreter no more than seven (7) business days prior to the expiration of the 308
background check. 309
6.5 Punitive Fines 310
Brokers, language agencies and/or coordinating entity(s) will not issue punitive 311
fines to interpreters for alleged infractions. 312
6.56 No-shows and Cancellations 313
If a limited English proficient (LEP) client, patient or authorized requester fails to 314
show for in-person interpreting services or cancels less then twenty-four (24) 315
hours before the start of the appointment, including in cases of error on the part of 316
the requestor, State, or third parties, an interpreter will be paid fifty percent (50%) 317
of the time requested or thirty (30) minutes, whichever is greater. The process 318
for rounding to fifteen (15) minute increments set out in 6.3 will apply. If an LEP 319
client or patient or authorized requester fails to show for any appointment within 320
the series of a consecutivefamily appointment, it shall be considered a no-show 321
and the interpreter will be paid thirty (30) minutes. 322
6.7 Late Cancellations 323
If a limited English proficient client, patient or authorized requester cancels less 324
than twenty-four (24) hours before the start of the appointment, including in cases 325
of error on the part of the requestor, State, or third parties, an interpreter will be 326
paid for thirty (30) minutes. 327
A. The twenty-four (24) hours for determining cancelled appointments shall not 328
include weekends or state recognized holidays. 329
B. If aAny appointment within the series of consecutivefamily member 330
appointments is a late cancellation it shall be considered a late cancellation and 331
the interpreter will be paid for thirty (30) minutes. 332
C. If the interpreter accepts a new appointment that overlaps in part with the 333
cancelled appointment, in addition to payment for the new appointment, the 334
interpreter will be entitled to payment for the difference between payment for 335
the cancelled appointment and the time worked at the new appointment. 336
D. No later than six (6) months from the start of this agreement, the parties agree to 337
establish an ad hoc committee in accordance with this agreement to address the 338
need to reduce the number of no shows and late cancellations. The parties may 339
each appoint up to four (4) committee members. The parties agree to meet 340
quarterly until June 30, 2017. 341
342
6.8 Double Booking 343
If two (2) interpreters are scheduled for the same appointment, the interpreter with 344
the earliest documented appointment confirmation date and time will complete the 345
appointment, unless otherwise agreed by the interpreters. When more than one 346
interpreter shows up for an appointment, the coordinating entity or foreign 347
language company will pay the interpreter who does not fulfill the appointment 348
thirty (30) minutes at the hourly rate specified in Section 6.1. 349
6.69 Extended Services 350
If asked by an authorized requestor, an interpreter may choose, but not be 351
required to stay beyond the scheduled end time of an appointment. If the 352
interpreter chooses to stay, the interpreter will be paid in accordance with 353
Sections 6.1 and 6.3. 354
6.7 Facility Appointment Pilot Project 355
The parties agree to pilot a facility appointment process for Medicaid 356
appointments. The Pilot will run from July 1, 2015 through June 30, 2017. 357
A. Facility Appointment Defined 358
Facility appointment is an appointment at a specified location where the 359
interpreter will be entitled to payment for the entire scheduled duration of 360
the appointment regardless of the number of clients seen. 361
B. Parameters for Facility Appointment 362
1. The minimum duration of hours for a facility is two (2) hours. 363
2. The rate of pay for the facility appointment will be thirty-four dollars 364
and sixty cents ($34.60). 365
3. The section will expire on June 30, 2017. 366
367
6.10 Payment Timelines 368
A. Billing the State 369
1. Coordinating Entity 370
Once the coordinating entity receives a properly completed work order 371
forms and any applicable supporting travel related documentation for all 372
appointments from a given day from the interpreter, the coordinating 373
entity must remit it to either the Health Care Authority within ten (10) 374
business days, or include it on an invoice to be received by DSHS by the 375
tenth (10
th
) of the subsequent month. 376
2. Foreign Language Company 377
The foreign language company must remit properly completed work order 378
forms and any applicable supporting travel documentation for services 379
provided in the previous month or earlier to DSHS to be received by the 380
tenth (10
th
) of the subsequent month. 381
B. Remittance to Coordinating Entity or Foreign Language Company 382
383
Once the invoice is received from the coordinating entity, or the foreign 384
language company, the Health Care Authority or DSHS will remit funds 385
necessary to pay for language access provider services to the coordinating 386
entity or the foreign language company within thirty (30) calendar days. 387
C. Remittance to Interpreter 388
All payments will be remitted to the interpreter in accordance with 6.12. 389
1. Coordinating Entity 390
The coordinating entity will remit payment to the interpreter on the fifth 391
(5
th
) and twentieth (20
th
) of each month. Unless either the fifth (5
th
) or the 392
twentieth (20
th
) day of the month falls on a Saturday, Sunday, or 393
recognized State Holiday, in which case the date for distribution of 394
payment shall be the subsequent business day which is not a recognized 395
State Holiday. All funds received by the coordinating entity from the 396
State on the first (1
st
) to the fifteenth (15
th
) calendar day will be remitted to 397
the interpreter on the twentieth (20
th
) day of the same month. All funds 398
received by the coordinating entity from the State on the sixteenth (16
th
) to 399
the last calendar day of the month will be remitted to the interpreter on the 400
fifth (5
th
) day of the following month. 401
2. Foreign Language Company 402
The foreign language company will remit payment to the interpreter 403
within seven (7) business days of receiving payment from DSHS. 404
6.11 Transportation 405
A. Mileage 406
If an appointment where in-person interpreter services are requested is 407
more than twenty (20) miles from the interpreters home address, place of 408
business or previous appointment on the same day, the 409
broker/coordinating entity will pay the interpreter mileage at the state 410
standard business mileage rate for miles driven to and from the 411
appointment. 412
B. Parking 413
The broker/coordinating entity will reimburse the cost of parking based 414
upon appropriate documentation. 415
C. Alternative Transportation 416
Ferry, bus, train or toll expenses an interpreter incurs to travel to provide 417
in-person interpreter services from the interpreters home address, place of 418
business or previous appointment on the same day will be reimbursed by 419
the broker/coordinating entity based upon appropriate documentation. 420
6.12 Interpreters will have the options of receiving their paychecks directly through the 421
postal service, or by direct deposit, or through another mutually-agreed upon 422
process, at no cost to the interpreter. 423
ARTICLE 7 424
ECONOMIC PROCESSES 425
426
7.1 Punitive Fines 427
Brokers, language agencies and/or coordinating entity(s) will not issue punitive 428
fines to interpreters for alleged infractions. 429
7.2 Payment Timelines 430
A. Billing the State 431
1. Coordinating Entity 432
Once the coordinating entity receives properly completed work order 433
forms and any applicable supporting travel related documentation for all 434
appointments from a given day from the interpreter, the coordinating 435
entity must remit it to either the Health Care Authority within ten (10) 436
business days, or include it on an invoice to be received by DSHS by the 437
tenth (10
th
) of the subsequent month. 438
2. Language Agency 439
The language agency must remit properly completed work order forms 440
and any applicable supporting travel documentation for services provided 441
in the previous month or earlier to DSHS to be received by the tenth (10
th
) 442
of the subsequent month. 443
B. Remittance to Coordinating Entity or Language Agency 444
1. For DSHS Appointments 445
Once the invoice is received from the coordinating entity, or the 446
language agency, DSHS will remit funds necessary to pay for an 447
interpreters services to the coordinating entity or the language agency 448
within thirty (30) calendar days. 449
2. For Health Care Authority Appointments 450
Once the payable invoice is received from the coordinating entity, the 451
Health Care Authority will generally remit funds necessary to pay for 452
an interpreters services to the coordinating entity within thirty (30) 453
calendar days. In some instances, it may be necessary for the Health 454
Care Authority to take more than thirty (30) days to process remittance 455
to the coordinating entity. The State shall be in compliance with this 456
Article if: 457
a. Remittance to the interpreter for ninety percent (90%) of all 458
submitted payable invoices in the prior month is provided to 459
the coordinating entity within thirty (30) days of the States 460
receipt of the invoice; 461
b. Remittance to the interpreter for ninety nine percent (99%) of 462
all submitted payable invoices in the prior month is provided 463
to the coordinating entity within ninety (90) days of the 464
States receipt of the invoice; and 465
c. Remittance to the interpreter for all other submitted payable 466
invoices is provided to the coordinating entity within one 467
hundred and eighty (180) days of the States receipt of the 468
invoice. 469
For purposes of this article, a payable invoice means an invoice that 470
can be processed without obtaining additional information from the 471
provider of the service or from a third party. A payable invoice 472
includes an invoice with errors originating in the States claim system. 473
However, a payable invoice does not include an invoice based on a 474
work order submitted by an interpreter who is under investigation for 475
fraud or abuse. 476
3. Regular Report of Health Care Authority Appointments 477
The Health Care Authority will provide a report to the Union by the 478
tenth (10
th
) day of the month that includes: 479
a. the total number of invoices submitted to the Health Care 480
Authority in the prior month; and 481
b. the total number of invoices for which remittance was already 482
submitted to the coordinating entity; and 483
c. for all invoices for which remittance was not submitted to the 484
coordinating entity, the following: 485
i. date of the job on the invoice; 486
ii. job number; 487
iii. date submitted to the Health Care Authority by the 488
coordinating entity; 489
iv. amount of payment or reimbursement requested on 490
each invoice; and 491
v. the interpreter who is requesting payment or 492
reimbursement for each invoice. 493
C. Remittance to Interpreter 494
All payments will be remitted to the interpreter in accordance with 6.12. 495
496
1. Coordinating Entity 497
The coordinating entity will remit payment to the interpreter on the 498
fifth (5
th
) and twentieth (20
th
) of each month. Unless either the fifth 499
(5
th
) or the twentieth (20
th
) day of the month falls on a Saturday, 500
Sunday, or recognized State Holiday, in which case the date for 501
distribution of payment shall be the subsequent business day which is 502
not a recognized State Holiday. All funds received by the coordinating 503
entity from the State on the first (1
st
) to the fifteenth (15
th
) calendar 504
day will be remitted to the interpreter on the twentieth (20
th
) day of the 505
same month. All funds received by the coordinating entity from the 506
State on the sixteenth (16
th
) to the last calendar day of the month will 507
be remitted to the interpreter on the fifth (5
th
) day of the following 508
month. 509
2. Language Agency 510
The language agency will remit payment to the interpreter within 511
seven (7) business days of receiving payment from DSHS. 512
7.3 Payment Delivery Method 513
Interpreters will have the options of receiving their paychecks directly through the 514
postal service, or by direct deposit, or through another mutually-agreed upon 515
process, at no cost to the interpreter. 516
517
7.4 Pay Sheets or Pay Stubs 518
A. All remittances to interpreters will indicate the total deductions per Article 519
12 and describe the deductions as union member dues or PEOPLE 520
donation. 521
B. All remittances to interpreters will indicate the total for that remittance 522
and the calendar year-to-date totals of the following items: gross pay, 523
transportation reimbursements, and any deductions per Article 12. 524
7.5 Overpayment Collection Process 525
A. For an Overpayment of Two Hundred Dollars ($200.00) or less 526
1. When the State or its third party contractor(s) determine that an 527
interpreter has been overpaid, the State or its third party contractor(s) 528
will deduct the overpayment from the subsequent distribution of 529
payment after providing ten (10) business days emailed notice to the 530
interpreter of the upcoming deduction. In the event the subsequent 531
distribution of payment is less than the overpayment amount, the 532
amount will be deducted from additional payments to the interpreter 533
until the overpayment is recovered. 534
2. At the time the overpayment is withheld from the payment 535
distribution, the interpreter will be supplied with the amount of the 536
overpayment, the job number(s), and brief comment explaining the 537
basis. 538
B. For an Overpayment of more than Two Hundred Dollars ($200.00) 539
1. When the State or its third party contractor(s) determine that an 540
Interpreter has been overpaid, the State or its third party contractor(s) 541
will provide electronic and written notice to the Interpreter at least ten 542
(10) business days prior to the proposed deduction which will include 543
the following items: 544
a. The amount of the overpayment; 545
b. The basis for the assessment of an overpayment; 546
c. The job number(s); and 547
d. The interpreters rights under the terms of this agreement. 548
2. Method of Repayment 549
a. Within thirty (30) calendar days of receiving the written notice, 550
the interpreter must choose whether to pay back the 551
overpayment through deductions of subsequent payments or by 552
a one-time payment made directly to the third party contractor. 553
b. Deductions to repay an overpayment amounting to two 554
hundred dollars ($200.00) or more will take place over the 555
subsequent six (6) pay periods, with equal payments each pay 556
period. 557
c. The parties can mutually agree to a shorter period of time to 558
repay the overpayment through deductions. 559
d. For overpayments amounting to two hundred dollars ($200.00) 560
or more, if the interpreter fails to choose between a one-time 561
payment or equal payments over six (6) pay periods, the State 562
will authorize its third party contractor(s) to make deductions 563
from the interpreters paycheck in equal payments over six (6) 564
pay periods. 565
e. If after eight (8) pay periods since the date of the written 566
notice, the overpayment has not been paid in full, the 567
interpreter must repay the third party contractor the outstanding 568
overpayment amount by check within thirty (30) days. In the 569
event the interpreter does not repay the third party contractor, 570
the third party contractor may seek other lawful methods to 571
recover the outstanding amount. 572
C. Appeal Rights 573
Nothing herein prohibits the Union from grieving the determination or 574
method of the overpayment collection per the grievance article of this 575
agreement. 576
577
ARTICLE 8 578
GRIEVANCE PROCEDURE 579
87.1 The Union and the State agree that it is in the best interest of all parties to resolve 580
disputes at the earliest opportunity and at the lowest level. The Union and the 581
State encourage problem resolution between interpreters, the State and/or third- 582
parties and are committed to assisting in resolution of disputes as soon as 583
possible. In the event a dispute is not resolved in an informal manner, this Article 584
provides a formal process for problem resolution. 585
87.2 Terms and Requirements 586
A. Grievance Definition 587
A grievance is a dispute regarding the meaning or implementation of the 588
provisions of this Agreement. The term grievant as used in this Article 589
includes the term grievants. The Union may not grieve issues outside 590
the scope of this Agreement. 591
B. Filing a Grievance 592
Grievances may be filed by the Union on behalf of an interpreter or on 593
behalf of a group of interpreters. If the Union does so, it will set forth the 594
name of the interpreters or the names of the group of interpreters. 595
C. Computation of Time 596
The time limits in this Article must be strictly adhered to unless mutually 597
modified in writing. Days are calendar days, and will be counted by 598
excluding the first day and including the last day of timelines. When the 599
last day falls on a Saturday, Sunday or holiday, the last day will be the 600
next day which is not a Saturday, Sunday or holiday. Transmittal of 601
grievances, appeals and responses will be in writing, and timelines will 602
apply to the date of receipt, not the date of postmarking. 603
D. Failure to Meet Timelines 604
Failure by the Union to comply with the timelines will result in automatic 605
withdrawal of the grievance. Failure by the State to comply with the 606
timelines will entitle the Union to move the grievance to the next step of 607
the procedure. 608
E. Contents 609
The written grievance must include the following information: 610
1. A statement of the pertinent facts surrounding the nature of the 611
grievance; 612
2. The date upon which the incident occurred; 613
3. The specific Article(s) and Section(s) of the Agreement; 614
4. The steps taken to informally resolve the grievance and the individuals 615
involved in the attempted resolution; 616
5. The specific remedy requested; 617
6. The name(s) of the grievant; and 618
7. The name and signature of the union representative. 619
If known, the Union will specify the State Agency (either DSHS or HCA) 620
involved in the grievance; however, exclusion of this information shall not 621
be the basis for dismissal of the grievance. 622
F. Resolution 623
If the State provides the requested remedy or a mutually agreed-upon 624
alternative, the grievance will be considered resolved and may not be 625
moved to the next step. 626
G. Withdrawal 627
A grievance may be withdrawn at any time. 628
H. Resubmission 629
If terminated, resolved or withdrawn, a grievance cannot be resubmitted. 630
I. Consolidation 631
The State and the Union may mutually agree to consolidate grievances 632
arising out of the same set of facts. 633
J. Bypass 634
Any of the steps in this procedure may be bypassed with mutual written 635
consent of the parties involved at the time the bypass is sought. 636
K. Alternative Resolution Methods 637
Any time during the grievance process, by mutual consent, the parties may 638
use alternative mediation methods to resolve a grievance. If the parties 639
agree to mediation, the time frames in this Article are suspended. If 640
mediation does not result in a resolution, within fifteen (15) days of the 641
last mediation session the Union may return to the grievance process and 642
the time frames resume. Any expenses and fees of mediation will be 643
shared equally by the parties. 644
The proceedings of any alternative dispute resolution process will not be 645
reported or recorded in any manner, except for agreements that may be 646
reached by the parties during the course of the meeting. Statements made 647
by or to any party or other participant in the meeting may not later be 648
introduced as evidence, may not be made known to an arbitrator or 649
hearings examiner at a hearing, and may not be construed for any purpose 650
as an admission against interest, unless they are independently admissible. 651
87.3 Filing and Processing 652
A. Time Requirements for Filing 653
A grievance must be filed within thirty (30) days of the occurrence giving 654
rise to the grievance or the date the grievant knew or could reasonably 655
have known of the occurrence. This thirty (30) day period will be used to 656
attempt to informally resolve the dispute. . If the States coordinating 657
entity has an informal dispute process, and the interpreter chooses to use 658
that dispute process, the timeline for filing a grievance shall be extended 659
for fifteen (15) days from when the coordinating entity issues a decision 660
through their informal dispute process. The Union may file a formal 661
written grievance at Step 2 any time while the interpreter is using the 662
informal dispute process. 663
B. Processing 664
Step 1 Informal ResolutionState Designated Representative: 665
Prior to filing a formal written grievance, the Union may confer with the 666
States designated representative and attempt to resolve the issue 667
informally. 668
Step 2 Written Grievance 669
If the issue is not resolved informally, the Union may present a written 670
grievance to the OFM Labor Relations Division (OFM/LRD) within the 671
thirty (30) daytimeframe period described abovein section 8.3(A). 672
OFM/LRD or the State designated representative will meet or confer by 673
telephone with a union steward and/or staff representative and the grievant 674
within fifteen (15)twenty (20) days of receipt of the grievance, and will 675
respond in writing to the Union within fifteen (15) days after the meeting. 676
Step 32 Pre-Arbitration Review Meetings: 677
If the grievance is not resolved at Step 21, the Union may request a pre- 678
arbitration review meeting by filing the written grievance including a copy 679
of the Step 21 response and supporting documentation with the Assistant 680
Director of the OFM/LRD within thirty (30) days of the Unions receipt of 681
the Step 21 decision. Within fifteen (15) days of the receipt of all the 682
required information, the OFM/LRD will discuss with the Union: 683
1. If a pre-arbitration review meeting will be scheduled with the 684
OFM/LRD Assistant Director or designee, the State designated 685
representative, and the Unions staff representative to review and 686
attempt to settle the dispute. 687
2. If the parties are unable to reach agreement to conduct a meeting, the 688
OFM/LRD Assistant Director or designee will notify the Union in 689
writing that no pre-arbitration review meeting will be scheduled. 690
If a pre-arbitration review meeting is to be scheduled, the meeting will be 691
conducted at a mutually agreeable time. The meeting will be scheduled 692
within thirty (30) days of the receipt of the request. 693
The proceedings of the pre-arbitration review meeting will not be reported 694
or recorded in any manner, except for agreements that may be reached by 695
the parties during the course of the meeting. Statements made by or to any 696
party or other participant in the meeting may not later be introduced as 697
evidence, may not be made known to an arbitrator or hearings examiner at 698
a hearing, and may not be construed for any purpose as an admission 699
against interest, unless they are independently admissible. 700
Step 43 Arbitration: 701
If the grievance is not resolved at Step 32, or the OFM/LRD Assistant 702
Director or designee notifies the Union in writing that no pre-arbitration 703
review meeting will be scheduled, the Union may file a request for 704
arbitration. The demand to arbitrate the dispute must be filed with the 705
American Arbitration Association (AAA) within thirty (30) days of the 706
pre-arbitration review meeting or receipt of the notice that no pre- 707
arbitration review meeting will be scheduled. 708
C. Selecting an Arbitrator 709
The parties will select an arbitrator by mutual agreement or by alternately 710
striking names supplied by the AAA, and will follow the Labor 711
Arbitration Rules of the AAA unless they agree otherwise in writing. 712
D. Authority of the Arbitrator 713
1. The arbitrator will: 714
a. Have no authority to rule contrary to, add to, subtract from, or 715
modify any of the provisions of this Agreement; 716
b. Be limited in his or her decision to the grievance issue(s) set 717
forth in the original written grievance unless the parties agree 718
to modify it; 719
c. Not make any award that provides an interpreter with greater 720
rate of payment than would have resulted had there been no 721
violation of this Agreement. 722
2. The arbitrator will hear arguments on and decide issues of arbitrability 723
before the first day of arbitration at a time convenient for the parties, 724
through written briefs, immediately prior to hearing the case on its 725
merits, or as part of the entire hearing and decision-making process. If 726
the issue of arbitrability is argued prior to the first day of arbitration, it 727
may be argued in writing or by telephone, at the discretion of the 728
arbitrator. Although the decision may be made orally, it will be put in 729
writing and provided to the parties. 730
3. The decision of the arbitrator will be final and binding upon the Union, 731
the State and the grievant. 732
E. Arbitration Costs 733
1. The expenses and fees of the arbitrator, and the cost (if any) of the 734
hearing room, will be shared equally by the parties. 735
2. If the arbitration hearing is postponed or canceled because of one 736
party, that party will bear the cost of the postponement or cancellation. 737
The costs of any mutually agreed upon postponements or cancellations 738
will be shared equally by the parties. 739
3. If either party desires a record of the arbitration, a court reporter may 740
be used. If that party purchases a transcript, a copy will be provided to 741
the arbitrator free of charge. If the other party desires a copy of the 742
transcript, it will pay for half of the costs of the fee for the court 743
reporter, the original transcript and a copy. 744
4. Each party is responsible for the costs of its staff representatives, 745
attorneys, and all other costs related to the development and 746
presentation of their case. The Union is responsible for paying any 747
travel or per diem expenses for its witnesses, the grievant and the 748
union steward. 749
87.4 Successor Clause 750
Grievances filed during the term of this Agreement will be processed to 751
completion in accordance with the provisions of this Agreement. 752
87.5 Election of Remedies 753
Arbitrating a claim under this Article constitutes a waiver of the right to pursue 754
the same claim before any judicial or other forum. Pursuit of a claim before any 755
judicial or other forum constitutes a waiver of the right to pursue the same claim 756
through arbitration under this Article. 757
ARTICLE 98 758
UNION-MANAGEMENT COMMITTEES 759
98.1 Purpose 760
For the purpose of maintaining communications between the Union and the State 761
in order to cooperatively discuss matters of mutual concern, including but not 762
limited to: implementation of this Agreement and proposed initiatives, rules or 763
policies. 764
98.2 Meetings 765
Up to foureight (48) Union representatives and up to foureight (48) State 766
representatives will participate in union-management committees established 767
under this Article. If agreed to by the parties, additional representatives may be 768
added. The parties are encouraged to select participants for these discussions who 769
are representative of the issues to be discussed, who possess programmatic 770
knowledge, and who bring to the discussion the authority to make decisions on 771
behalf of the parties. The parties shall meet at least quarterly unless otherwise 772
mutually agreed. The schedule for the quarterly meetings for the calendar year 773
will be agreed on by the parties prior to December 31 of the previous year. 774
Meetings should be held at mutually convenient times and locations. The parties 775
shall exchange agendas one (1) week prior to the scheduled meeting. There shall 776
be at least a two (2) weeks notice of thesefor rescheduled meetings. 777
98.3 Upon mutual agreement, ad hoc union management committees may be 778
established. 779
98.4 All of the committee meetings established under this Article will be used for 780
discussions only, and the committees will have no authority to conduct any 781
negotiations, bargain collectively or modify any provision of this Agreement. 782
The parties are authorized, but not required to document mutual understandings. 783
If topics discussed result in follow-up by either party, communication will be 784
provided by the responsible party. The committees activities and discussions 785
will not be subject to the grievance procedure in Article 87. 786
ARTICLE 109 787
MANDATORY SUBJECTS 788
109.1 The State will satisfy its collective bargaining obligation before making a change 789
with respect to a matter that is a mandatory subject as specified in RCW 790
41.56.510(2)(c). The State will notify the Executive Director of the Union of 791
these changes in writing, citing this Article, and the Union may request 792
negotiations on the impact of these changes. In the event the Union does not 793
request negotiations within twenty-one (21) calendar days of receipt of the notice, 794
the State may implement the changes without further negotiations. There may be 795
emergency or mandated conditions that are outside of the States control requiring 796
immediate implementation, in which case the State will notify the Union as soon 797
as possible. 798
109.2 The parties will agree to the location and time for the negotiations. Each party is 799
responsible for choosing its own representatives for these activities. 800
ARTICLE 1110 801
UNION ACTIVITIES 802
1110.1 State Policies 803
If the Department of Social and Health Services (DSHS) or Health Care Authority 804
(HCA) develops policies/guidelines affecting interpreters, the DSHS and HCA 805
will provide the Union with either a hard or electronic copy of these 806
policies/guidelines. DSHS and HCA will provide to the Union any updates to 807
these policies during the term of the Agreement. This Article is not intended to 808
apply to internal personnel guidelines. 809
ARTICLE 121 810
DUES/FEES DEDUCTION/STATUS REPORTS 811
121.1 Union SecurityDues Deduction 812
All iInterpreters covered by this Agreement who are contracted through the 813
coordinating entity(s) with which the Health Care Authority (HCA)State contracts 814
will, as a condition of employment, eithermay elect to become a members of the 815
Union and pay membership dues or, as non-members, pay a fee as described in 816
Section 11.2 below. 817
11.2 Union Dues/Fees 818
A. In accordance with RCW 41.56.113, the State shall enforce the Union 819
security agreement in Section 11.1 above by requiring the coordinating 820
entity to deduct the monthly amount of dues, or for nonmembers of the 821
Union, a fee as described below: 822
1. Interpreters who choose not to become union members will have 823
deducted from their payment(s) a representation fee equal to a pro rata 824
share of collective bargaining expenses rather than the full 825
membership fee. 826
2. An interpreter who does not join the Union based on bona fide 827
religious tenets, or teachings of a church or religious body of which he 828
or she is a member, will have deducted from their payments an amount 829
equal to Union membership dues. These payments will be used for 830
purposes within the program of the Union that are in harmony with the 831
interpreters conscience. Such interpreters will not be members of the 832
Union, but are entitled to all of the representational rights of union 833
members. Any disputes regarding the eligibility of the interpreters to 834
make alterative payments and/or if the Union and the interpreter are 835
unable to mutually agree to a nonreligious charity or to another 836
charitable organization, the matter shall be forwarded to the Public 837
Employment Relations Commission (PERC) for final disposition. 838
AB. The dDeductions will be transmitted to the Union at the Unions official 839
headquarters no later than the five (5) business days following receipt of 840
on or about the same date payments are made to the coordinating 841
entityinterpreter. For each individual for whom the deductions have been 842
made, the States coordinating entity(s) will provide a A list 843
accompanying the payment containing the following:, including the full 844
name, address, and tax identification number or other unique identification 845
number of those for whom the deductions have been taken will 846
accompany the payments. 847
1. Full name of interpreter; 848
2. Home address; 849
3. Tax identification number or other unique identification number; and 850
4. Total amount of membership deductions. 851
BC. Reimbursement for transportation related expenses will not be subject to 852
dues deductions. 853
121.23 Notification to the InterpretersUnion 854
The State will require the coordinating entity(s) to notify the Union electronically 855
when the interpreter completes all paperwork required to provide services under 856
this Agreement. The notification to the Union will be provided on the fifth (5
th
) 857
and the twentieth (20
th
) of each month. The notification shall include: 858
A. The name of the interpreter; 859
B. Home address; and 860
C. Working language(s). provide a document with information of the Unions 861
exclusive recognition and the union security provision to interpreters 862
within fifteen (15) days of the interpreter entering the bargaining unit. A 863
copy of the collective bargaining agreement will be provided to the 864
interpreter at the same time. The Union will provide the information 865
document and copies of the contract for distribution to interpreters. 866
121.34 Voluntary Deduction 867
The State agrees to include in contracts with the coordinating entity(s) to provide 868
a provision for a PEOPLEthe deduction, as provided for in a written 869
authorization, from the payments to interpreters who isare a members of the 870
Union and is covered under Section 11.1 a PEOPLE deduction as provided for in 871
a written authorization. Such authorization must be executed by the interpreter 872
and may be revoked by the interpreter at any time by giving written notice to both 873
the coordinating entity(s) and the Union. The State will require in its contracts 874
with coordinating entity(s) remittance of any deductions made pursuant to this 875
provision to the Union, at the specific address designated by the Union together 876
with a report showing:; 877
A. Interpreter name 878
B. Tax Identification Number or other unique identification number 879
C. Amount deducted 880
121.45 Status Reports 881
The State will require its contracts with the coordinating entity(s) to provide to the 882
Union a report each month in an electronic format of the data listed in Subsections 883
11.45 A-F below for each interpreter in the bargaining unit who was paid through 884
the coordinating entity(s) as described in Section 121.1. 885
A. Tax Identification Number or other unique identification number; 886
B. Interpreter name; 887
C. MailingHome address; 888
D. Working lLanguage(s); 889
E. Total amount paid for month in each modality 890
EF. Total amount of time and dollar amount paid forin each modality; and 891
F. Total amount deducted for each deduction type. 892
112.56 For interpreters in the bargaining unit who are paid through other third parties or 893
directly by the State outside the coordinating entity, the State will provide the 894
Union each month: 895
A. The payment date;, 896
B. Vendor name;, and 897
C. Amount paid. 898
121.67 The Union and each interpreter contracted through the coordinating entity(s) 899
agree, for the purpose of payment of union dues/fees, to indemnify and hold 900
harmless from liability the State from all claims, demands, suits or other forms of 901
liability that shall arise for or on account of any deduction made in accordance 902
with this Article from the pay of such interpreter. 903
121.78 Monthly Reports 904
The State will providemake available monthly reports delineating the number of 905
encounters covered and the total dollars that were paid through the coordinating 906
entity, for DSHS and for HCAby the Agreement from the previous month and the 907
total dollars paid in the previous month through the HCA Interpreter Services 908
Program. The monthly report will be made available by the end of the subsequent 909
month.State will provide bi-monthly reports delineating the number of encounters 910
covered by the Agreement in the previous two (2) months and the total dollars 911
paid outside of the HCA Interpreter Services Program. The parties can mutually 912
agree to adjust these reports on an as-needed basis. Electronic posting on a State 913
website only meets the requirements of this article if the State concurrently 914
notifies the Union in writing (or email) of the posting. 915
ARTICLE 132 916
STATE RIGHTS 917
132.1 It is understood and agreed by the parties that the State has core management 918
rights. Except to the extent modified by this Agreement, the State reserves 919
exclusively all the inherent rights and authority to manage and operate its 920
programs. The parties agree that all rights not specifically granted in this 921
Agreement are reserved solely to the State and the State has the right to decide 922
and implement its decisions regarding such management rights. Unless otherwise 923
revised by statute, the mandatory subjects of bargaining between the parties shall 924
be limited solely to: (1) economic compensation, such as manner and rate of 925
payments; (2) professional development and training; (3) labor-management 926
committees; and (4) grievance procedures. The parties acknowledge that the 927
mandatory subjects of bargaining listed above are the only subjects the parties are 928
authorized to bargain. 929
132.2 Rights Reserved to the State 930
The rights reserved solely to the State, its agents and officials and to the extent 931
these rights may be limited by other provisions of this Agreement as expressly 932
provided herein include, but are not limited to the right: 933
A. To operate so as to carry out the statutory, mandates of the State; 934
B. To establish the States missions, programs, objectives, activities and 935
priorities within the statutory mandates; 936
C. To plan, direct and control the use of resources, including all aspects of 937
the budget, in order to achieve the States missions, programs, objectives, 938
activities and priorities however, this paragraph shall not be interpreted to 939
limit the Unions right to advocate for issues including, but not limited to 940
budget allocations or programmatic changes that may be different from 941
what the State may propose; 942
D. To manage, direct and control all of the States activities to deliver 943
programs and services; 944
E. To develop, modify and administer policies, procedures, rules and 945
regulations and determine the methods and means by which operations are 946
to be carried out; 947
F. To establish qualifications of interpreters and reasonable standards of 948
accountability, except as otherwise limited by this Agreement; 949
G. To make and execute contracts and all other instruments necessary or 950
convenient for the performance of the States duties or exercise of the 951
States powers, including contracts with public and private agencies, 952
organizations or corporations to pay them for services rendered or 953
furnished; 954
H. To determine the management organization, including recruitment, 955
selection, retention and promotion to positions not otherwise covered by 956
this Agreement; 957
I. To extend, limit or contract out any or all services and/or programs of the 958
State except as otherwise limited under Article 103, Mandatory Subject 959
and specific to contracting out of bargaining unit work; 960
J. To take whatever actions the State deems necessary to carry out services 961
in an emergency. The State shall be the sole determiner as to the existence 962
of an emergency in keeping with a reasonable and prudent standard; 963
K. To modify any and all operations and work requirements in order to more 964
efficiently and effectively provide services as a result of any existing 965
and/or new laws, rules and regulatory provisions of state and/or federal 966
origin which may in any way affect the States ability to provide services; 967
L. To determine the method, technological means and numbers and kinds of 968
personnel by which operations are undertaken; and 969
M. To maintain and promote the efficiency of public operations entrusted to 970
the State. 971
132.3 The above enumerations of State rights are not inclusive and do not exclude other 972
State rights not specified including, but not limited to those duties, obligations or 973
authority provided under federal or state law and to the extent not otherwise 974
expressly limited by this Agreement. The exercise or non-exercise of rights 975
retained by the State shall not be construed to mean that any right of the State is 976
waived. 977
132.4 No action taken by the State with respect to a management right shall be subject 978
to a grievance or arbitration procedure unless the exercise thereof violates an 979
express written provision of this Agreement. 980
132.5 Fulfillment of Statutory Obligation 981
As provided under RCW 41.56.510(5)(b) this Agreement expressly reserves: 982
The legislatures right to make programmatic modifications to the delivery of 983
state services under chapter 74.04 RCW. 984
Nothing contained in this Agreement shall be construed as to subtract from, modify or 985
otherwise diminish these rights in any manner. 986
ARTICLE 143 987
COMPLETE AGREEMENT 988
143.1 The parties hereto acknowledge that during the negotiations which resulted in this 989
Agreement, each party had the unlimited right and opportunity to make demands 990
and proposals with respect to any subject or matter not removed by law and that 991
the understandings and agreements arrived at by the parties after the exercise of 992
that right and opportunity are fully set forth in this Agreement. It is further 993
understood that this Agreement fully and completely sets forth all understandings 994
and obligations between the parties and constitutes the entire Agreement between 995
the parties. 996
143.2 The Agreement expressed herein in writing constitutes the entire Agreement 997
between the parties and no oral or written statement shall add to or supersede any 998
of its provisions unless mutually agreed to by the parties and as otherwise 999
provided for in this Agreement. 1000
ARTICLE 154 1001
SAVINGS CLAUSE 1002
154.1 This Agreement shall be subject to all present and future applicable federal, state 1003
and local laws and rules and regulations of governmental authority. Should any 1004
provision of this Agreement, or the application of such provision to any person or 1005
circumstance be invalidated or ruled contrary to law by Federal or State court, or 1006
duly authorized agency, the remainder of this Agreement or the application of 1007
such provision to other persons or circumstances shall not be affected thereby. 1008
154.2 In the event of such invalidation, the parties shall meet within thirty (30) days to 1009
negotiate a substitute provision. Any changes or amendments to this Agreement 1010
shall be in writing and duly executed by the parties and their representatives. 1011
ARTICLE 165 1012
COMPLIANCE WITH FEDERAL REGULATIONS 1013
If any part of this Agreement is found to be in conflict with federal requirements that are 1014
a prescribed condition to the allocation of federal funds to the state, the conflicting part of 1015
this Agreement is inoperative solely to the extent of the conflict. 1016
In the event of such conflict, the parties shall meet within thirty (30) days to negotiate a 1017
substitute provision. Any changes or amendments to this Agreement shall be in writing 1018
and duly executed by the parties and their representatives. 1019
ARTICLE 176 1020
TERM OF AGREEMENT 1021
176.1 All provisions of this Agreement will become effective July 1, 20153, and will 1022
remain in full force and effect through June 30, 20175; however, if this 1023
Agreement expires while negotiations between the Union and the State are 1024
underway for a successor Agreement, the terms and conditions of this Agreement 1025
will remain in effect for a period not to exceed one (1) year from the expiration 1026
date. 1027
176.2 Either party may request negotiations of a successor Agreement by notifying the 1028
other party in writing no sooner than January 1, 20164, and no later than February 28, 1029
20164. In the event that such notice is given, negotiations will begin at a time agreed 1030
upon by the parties. 1031
1032
MEMORANDUM OF UNDERSTANDING 1033
BETWEEN 1034
WASHINGTON FEDERATION OF STATE EMPLOYEES 1035
AND 1036
STATE OF WASHINGTON 1037
1038
1039
The Health Care Authority welcomes input from the Union to improve the complaint 1040
process, including but not limited to, how interpreters and the Union are notified of 1041
complaints made to third parties regarding interpreters. 1042
1043
1044
MEMORANDUM OF UNDERSTANDING 1045
BETWEEN 1046
WASHINGTON FEDERATION OF STATE EMPLOYEES 1047
AND 1048
STATE OF WASHINGTON 1049
1050
1051
The parties agree that it is inappropriate to allow facilities to request specific interpreters 1052
under the Facility Appointment Pilot Project. 1053
1054
Furthermore, no later than three (3) months after the start of this agreement, through an 1055
ad hoc union management committee, the parties agree to discuss a rotation for Facility 1056
appointments similar to that utilized by the DSHS Economic Services Administration for 1057
block time appointments. 1058
1059
Further, the parties agree to meet every three (3) months during the life of the Facility 1060
Appointment Pilot Project to discuss issues and concerns with the project. 1061
1062
MEMORANDUM OF UNDERSTANDING 1063
BETWEEN 1064
STATE OF WASHINGTON 1065
AND 1066
WASHINGTON FEDERATION OF STATE EMPLOYEES 1067
1068
1069
The parties agree that once there is a final decision on the Public Employment Relations 1070
Commission question concerning representation of the language access provider 1071
bargaining unit (all appeals are exhausted), if court interpreting for the Department of 1072
Social and Health Services or Medicaid Administrative Match program interpreting is are 1073
included in the bargaining unit, the parties agree to reopen the agreement solely to 1074
address issues specifically related to these groups. Any agreement reached will be applied 1075
prospectively. 1076