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 Union’s 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 requestor’s 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 interpreter’s start time if different from the scheduled start time, per 190

Article 6.3; and 191

B. The interpreter’s 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 State’s. 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 requestor’s 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 (10th

) 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 (10th

) 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

(5th

) and twentieth (20th

) of each month. Unless either the fifth (5th

) or the 392

twentieth (20th

) 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 (1st) to the fifteenth (15

th) calendar day will be remitted to 397

the interpreter on the twentieth (20th

) day of the same month. All funds 398

received by the coordinating entity from the State on the sixteenth (16th

) to 399

the last calendar day of the month will be remitted to the interpreter on the 400

fifth (5th

) 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 interpreter’s 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 interpreter’s 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 (10th

) 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 (10th

) 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

interpreter’s 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 interpreter’s 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 State’s 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

State’s 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 State’s 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 State’s 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 (10th

) 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 (5th

) and twentieth (20th

) of each month. Unless either the fifth 499

(5th

) or the twentieth (20th

) 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 (1st) to the fifteenth (15

th) calendar 504

day will be remitted to the interpreter on the twentieth (20th

) day of the 505

same month. All funds received by the coordinating entity from the 506

State on the sixteenth (16th

) to the last calendar day of the month will 507

be remitted to the interpreter on the fifth (5th

) 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 interpreter’s 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 interpreter’s 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 State’s 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

State’s 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 Union’s 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 Union’s 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 State’s 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

interpreter’s 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 Union’s 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 State’s 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 (5th

) 857

and the twentieth (20th

) 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 Union’s 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 State’s 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 State’s missions, programs, objectives, 938

activities and priorities however, this paragraph shall not be interpreted to 939

limit the Union’s 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 State’s 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 State’s duties or exercise of the 951

State’s 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 State’s 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 legislature’s 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