Labor Relations

UW – SEIU 925 Negotiations Recap for July 23, 2024

This recap details the fourth virtual session for the renewal of the collective bargaining agreement (CBA) between the UW and SEIU 925.

Union Initial Proposals

Article 14 – Hiring, Appointments, Promotions and Transfers – The Union proposed new language requiring supervisors to provide feedback during an employee’s probationary period, such as written performance expectations, particularly if the supervisor believes an employee’s performance may result in rejection. The Union also proposed that a meeting be automatically scheduled within 10 days of notice of a probationary period rejection.

The Union proposed language that AI system(s) would not be used in the process of hiring bargaining unit employees, unless the University has completed an impact assessment showing that the AI system(s) would not lead to biased selections, and that the assessment would be made available to the Union. The proposal also includes language stating that the Employer will not skim bargaining unit work in lieu of filling positions.

The Union proposed significant new language around changes to job duties, stating that any duties outlined in the job description will remain unchanged, and any changes would require a meeting with the employee’s supervisor. The proposal also requires primary job locations to be made explicit in the job description, and any changes to job location would require 3 months’ notice to the employee.

The Union also proposed language requiring the Employer to provide the Union with information about permanent positions within the bargaining unit being filled by nonpermanent hourly or nonpermanent intermittent employees, as well as information about positions being abolished or unfilled, every 30 days. The Union also proposed increasing the amount of time to ten (10) calendar days for the Employer to provide notice that applications are being accepted for vacant bargaining unit positions and increasing the amount of bargaining unit applicants required for each job requisition to three (3). Finally, the Union’s proposed language would require the Employer to provide annually a list of bargaining unit employees who applied for lateral or promotional opportunities and a record of bargaining unit applicants granted an interview, those denied an interview, and any position changes.

Article 33 – Transportation and Commute Reduction – The Union proposed striking Side Letter I – U-PASS, and Side Letter E – Public Transportation Delays, and moving the relevant information into Article 33. With respect to transportation delays, the Union proposed expanding the application of this Side Letter to include any delays in transportation, not just public transportation. This language states that employees who arrive late to work due to rarely occurring unforeseen or unavoidable delays in their commute would not be subject to corrective action. The proposal also adds new language stating that employees would be allowed to use flex time, compensatory time, vacation leave, or leave without pay in such circumstances.

With respect to telework, the Union proposed new language that would require the Employer to provide the reason for a denial of an employee’s request to telework within seven (7) business days. The Union also proposed language stating that such requests as disability accommodations be handled through the accommodation process. Additionally, the Union proposed new language stating that staff will be treated equitably regardless of their telework arrangements on matters such as performance assessment, training, professional development, and advancement, and reasserted language from their proposal in Article 14 relating to changes to work location. The Union’s proposal also increased the notice period for termination of telework arrangements from 5 days to 30 days and required that the Employer provide in writing the reason(s) for the termination of any teleworking arrangements. Finally, the proposal stated that telework should not be revoked because of a corrective action plan not correlated to remote work performance.

Article 43 – Joint Union Management Committees – The Union proposed adjusting language in this article that would allow market wage adjustments to be discussed at quarterly Joint Labor-Management meetings when requested. The Union’s proposal also includes new language that would require either party to respond to a request to schedule a JLM within ten (10) business days. Additionally, the Union proposed creating a new section in this article that would allow either party to request a multi-disciplinary meeting when an issue arises that involves members from more than one bargaining unit. Under this proposal, the Union would be allowed to bring one representative from each impacted bargaining unit to address the issue.

Article 59 – Nonpermanent Hourly and Nonpermanent Intermittent Employees – The Union proposed striking the list of Articles that would apply to Nonpermanent Hourly and Intermittent Employees, so that the entire contract would apply. The Union also proposed restructuring the Definitions section of this Article.

With respect to nonpermanent appointment durations, the Union proposed adjusting the amount of time for which the Employer must notify employees prior to conclusion of their appointment to be two (2) weeks and that nonpermanent appointments may be terminated immediately with pay equivalent to those hours in lieu of the two (2) week notice.

The Union also proposed creating a new section on employment practices with language that would require the Employer to provide the Union with a list intermittent and nonpermanent employees every three (3) months, including job classifications, department, and hours worked by pay period. Under this proposal, if the Union believes an employee classified as intermittent and nonpermanent has been working regular full or part-time hours for a period of over three (3) months, the Union or the Employee could submit a request to post it as a regular position, and all approved positions would need to be posted no later than forty-five (45) days of the Union’s submission. Additionally, the proposal states that the nonpermanent hourly or intermittent employee who submits a request for a regular position should have the opportunity to apply to the position. The proposal further states that department applications for a nonpermanent hourly and intermittent position would need to be processed within fourteen (14) days.

With respect to probationary periods, the Union proposed new language that would require time worked in a nonpermanent hourly and intermittent appointment to count towards seniority for employees who are appointed to a regular monthly position represented by SEIU 925 without a break in service. The Union proposed striking language that places a maximum of three (3) months of service that applies toward their probationary period, stating that employees who have worked in their nonpermanent hourly and intermittent appointments six (6) months or longer would be considered to have completed their probationary periods.

New Article XX – Artificial Intelligence – The Union proposed creating a new article on Artificial Intelligence. The Union’s proposal defines Artificial Intelligence (AI) systems as any machine-based system that infers from the input it receives to generate outputs including content, decisions, predictions, or recommendations that can influence physical or virtual environments. The proposal also includes an acknowledgement that AI systems are tools that are imperfect and don’t operate in isolation, and that AI systems can and do exhibit bias with making incorrect decisions.

The Union proposed language precluding the Employer from deploying AI systems that result in the layoff of bargaining unit employees who are employed prior to the time of execution of the contract, and state that any layoffs that may occur resulting from the implementation of AI systems would proceed as outlined in Article 38.

The Union’s proposal requires the Employer to notify the Union of any use of AI systems that impact conditions of employment of bargaining unit employees and requires that any AI systems run as a pilot program before being implemented across the University. The proposed article would also require the establishment of committees on a departmental basis if the use of AI affects that department. The Union would be entitled to representation in any such committee, and employee representatives would be granted release time to attend committee meetings.

The proposal further states that bargaining unit employees would perform any new or modified work that is created, replaced, or enhanced by AI systems, and that the Employer would provide bargaining unit employees with training on how to utilize the new technology.

Finally, the Union’s proposal would require both parties to agree not to synthetically reproduce the voice and/or likeness of a bargaining unit employee for any use unless consented to by the employee. In such cases, the University would be required to make clear with the employee how the University would use the employee’s voice and/or likeness and the duration for its use.

New MOU – Parking – The Union proposed creating a new MOU that would recognize parking availability as an accessibility issue and stating that employee access to public transit and ability to utilize the U-PASS benefit varies across the University. This new MOU would require the Employer to provide free parking to employees with disability accommodation(s) and for employees on the UW Bothell and UW Tacoma campuses.

The union proposed to strike the following side letters:

  • Side Letter E – Public Transportation Delays
  • Side Letter I – U-PASS

Union Counter Proposals

Article 42 – Union Activities, Rights, and Stewards – The Union’s counter proposal accepts the Employer’s proposed language requiring the Union to communicate with a new steward’s Supervisor and Human Resources regarding attendance at an investigatory meeting or grievance hearing for new steward training. The Union’s counter proposal also strikes language that prohibits stewards from attending training as a second steward more than once.

The Union’s counter proposal includes adjusted language that would require the Employer to provide private space for stewards and/or Union representatives to hold meetings, and new language that would require the Employer to keep an updated list of Building Coordinators and provide it to the Union upon request.

The Union rejected the Employer’s proposed language around information requests, which proposed that all requests for information be submitted in writing to the Office of Labor Relations, that such requests clearly identify what information is being sought and the reason for the request, and that such requests not extend more than 24 months prior to the date of the request.

Employer Initial Proposals

Article 3 – Reasonable Accommodation of Employees with Disabilities – The Employer proposed replacing language regarding how employees get more information about disability accommodations, now referring employees to the UWHR Disability accommodations webpages for information about requesting accommodations and the interactive process. The Employer also proposed adding holiday credit to the list of types of leave that could be used in combination with other leave types for disability leave.

Article 20 – Miscellaneous Leave – The Employer proposed moving the list of reasons for which unpaid time off may be approved to the top section of this article. Additionally, the Employer proposed removing accommodation of annual work schedules of employees occupying cyclic year positions from the list of reasons for which unpaid time off may be approved to the list of reasons of which leave of absence without pay is not covered to align with current practice. The Employer also proposed updating the contact information of the UW Benefits Office to align with its most current contact information.

Article 24 – Unpaid Holidays for a Reason of Faith or Conscience – The Employer proposed adding holiday pay eligibility to the list of factors that would not be affected by unpaid time off taken for a reason of faith or conscience to reflect current practice.

Article 31 – Health and Safety – The Employer proposed removing the Wellness section of this article, moving it into Article 37.

Article 37 – Employee Assistance Program – The Employer proposed transferring the Wellness section from Article 31 – Health and Safety into this article.

Article 46 – Health Care Benefits Amounts – The Employer proposed creating a placeholder article as health care policies for the term in which this CBA would be active have not yet been negotiated. The Employer will update their proposal once healthcare coalition negotiations are complete.

New MOU – Senate Bill 5793 – The Employer proposed creating a new MOU that would include updated versions of Article 18 – Sick Time Off and Article 25 – Absence Due to Child Care Emergencies. This proposed MOU would go into effect on January 1, 2025, in accordance with provisions of Washington State Senate Bill 5793.

Within Article 18 and Article 25, the proposal includes new language from WA Senate Bill 5793 that would allow the use of sick time off when an employee’s child’s school or place of care has been closed for a health-related reason or after a declaration of an emergency by a local, state, or federal government or agency.

Within Article 18, the proposal would include state registered domestic partners and child’s spouses in the definition of family members for which employees can use sick time off to make arrangements of extended care for, per SB 5793. Additionally, the proposal includes further extension of family member definitions, including any individual who regularly resides in the employee’s home or where the relationship creates an expectation that the employee care for the person and that individual depends on the employee for care, per SB 5793. “Family member” would include any individual who regularly resides in the employee’s home, except that it does not include an individual who simply resides in the same home with no expectation that the employee care for the individual, per SB 5793.

The Employer proposed minor language and housekeeping edits only in the following Articles:

  • Article 19 – Washington Family Medical Leave Program
    • The Employer proposed adding a reference to Administrative Policy Statement 45.6.
    • The Employer proposed adding a link to the UWHR Paid Family Medical Leave webpage.
  • Article 21 – Federal Family Medical Leave Act and Parental Leave
    • The Employer proposed adding a reference to Administrative Policy Statement 45.5.
  • Article 22 – Childcare/Dependent Care
    • The Employer proposed updating the reference for more information on childcare resource availability to include the UW WorkLife office.
  • Article 26 – Civil Jury Duty and Bereavement Time
    • Language updated to reflect Workday system time off terminology.
  • Article 29 – Military Duty Time Off and Leave
    • Language updated to reflect Workday system time off terminology.

Next Steps

The next UW and SEIU 925 bargaining session is scheduled for Tuesday, July 30, 2024, and will be held virtually.