Spring
2005
Contents:
The purpose of science is to seek the truth. As scientists we peal away the
dusty layers of myth and perception to reveal reality. Sometimes speaking the
truth can get you in trouble.
In the year 1600 the Dominican monk Giordano Bruno was burned at the stake for
preaching the Copernican theory of a sun-centered universe. His heresy came from
stating that the church’s theory of an earth-centered universe was wrong. He
really should have had a Job Representative help him during the trial;
unfortunately he was unrepresented. Evidently the Civil Service rules no better
then than they are now. The conflict between scientists who speak the truth and
the entities whose interests are not served by the facts remains to this day.
And that’s where WAPB comes in.
I would like to share my own recent experience with you as a case study; it’s a
common situation. My supervisor received a scathing letter accusing me of being
“unprofessional”, “questioning the integrity of numerous businessmen and
citizens”, “over zealous behavior”, being “relentless,” and having “killed a lot
of dreams”. The letter was spiked with such descriptors as “total fabrication”,
“disdain”, “disgust” and “abhorrence.” All of this because I said a ditch was a
channelized stream and not an entirely articial watercourse. I based this
decision on a combination of field observations in conjunction with aerial
photos and a 100 year-old survey map to determine the ditch in question is
within WDFWs jurisdiction per WAC 222-110-020. Based on the evidence I was left
with one, and only one, conclusion and it wasn’t the conclusion they wanted. The
US Army Corps of Engineers later determined that these were also waters of the
United States and within their jurisdiction too. Unfortunately the complaining
party failed to take my earlier advise to get the permits before doing the work
and they did the work without any permits. Now I have become the focus of their
wrath. Such are the hazards of being an Area Habitat Biologist.
Through my involvement with WAPB I have witnessed good people get burned before
for stating facts that are inconsistent with the wishes and desires of project
proponents. Through this vicarious education I knew what I needed to do. I knew
that if I did not answer the allegations, or if the Agency believed the other
party, this could end up in a discipline. Under the Weingarten Rule we have the
legal right to representation in the event of potential discipline so the first
thing I did was contact a Job Representative. The Collective Bargaining
Agreement (CBA) provides us with the right to respond to complaints within seven
calendar days. I knew I needed more time and the CBA provides for extending the
timeline, if mutually agreed, so I requested, and received, an extension from my
supervisor. I sent draft copies of my reply to my Job Representative and WAPB
Attorney for review and comment prior to giving the final version to my
supervisor prior to the agreed-to deadline. I prepared my response with the
expectation that this would result in a Laudermill hearing. A Laudermill hearing
is a prediscipline (or sometimes pre-termination) meeting that provides an
employee with the opportunity to respond to the charges in person. If you ever
find yourself in a Laudermill situation you should definitely ask for a Job
Representative and, if the charges are serious enough, an Association Attorney.
In this case, I did a thorough job of answering all the allegations and proved
there was no cause for discipline and no need for a Laudermill hearing.
Some of the things I did that helped my case was keeping my supervisor in the
loop from the first moment I realized I might have trouble with this entity. I
kept all of my e-mails and letters professional knowing they are open to public
disclosure. I avoided the temptation to express my concerns in personal terms
when I got that gut instinct that this proponent was not going to follow the
rules. I reviewed applicable Agency policy and procedures and actively sought
guidance from my supervisor. When the entity responded, as I thought they might,
I was prepared. After reviewing the facts my supervisor called the complaining
party and he admitted the letter was “just venting”. I’ll take my lumps and
learn from my mistakes if it makes me a better person but no one should be
disciplined without just cause. I’m pleased that the CBA was followed, my rights
were protected and I had the opportunity to convey my side of events to the
Agency. It is my hope that by sharing my experience it may help prevent others
from getting burned.
By Adam Couto Fish program members may have been surprised earlier
this year when Lew Atkins, Fish Program Assistant Director, informed Fish
program staff that efforts to secure field uniforms for staff who wished to wear
them were being discontinued because of objections raised by a labor union. We
wish to inform all of our members that we were not the union in question. Dave
Kloempken sent the following letter to Mr. Atkins on behalf of the WAPB board:
“It was brought to our attention you decided to drop the idea of
purchasing uniforms for fish program staff. WAPB represents over 300
staff members with the majority of them being located in regional and
district offices. The majority of these same members also spend most of
their time in the field working with the public and very little time in
an office. As I’m sure you know, many of our members feel strongly about
wearing uniforms in the field and feel it promotes a much more
professional and positive image of WDFW. Since your most recent email
update on uniforms, several members have approached me and asked for
WAPB’s assistance. After discussing this with our Board, we felt it
was important to let you know we support WDFW’s efforts to provide
uniforms to staff volunteering to wear them. We’d also ask that you
reconsider your decision and continue exploring options to purchase
uniform apparel for those requesting it.”
Although our request for Mr. Atkins to reconsider his decision was
unsuccessful, we felt it was important to make our voice heard and separate
ourselves from the other labor union.
 Contract
The main issue facing the Association at this time is securing the
ratification of the new contract by the legislature. WAPB is working in concert
with the other state employee unions to address any concerns the
legislature may have concerning the details of the new contract. Stay tuned for
updates, as the contract makes its way through the ratification process.
Classification Revisions
Please review the new general classifications for all state employees on the
Department of Personnel’s Website. We are encouraging all employees to
incorporate as much language from these series classifications into your CQ’s as
possible. Such an incorporation will assist us in any classification conflicts
in the future. General Issues
We have had a couple of disciplinary meetings since the last report.
Remember, if you are called before your supervisor for an interview or meeting
concerning your conduct, you have a right to have an Association representative
present during these meetings. Do not hesitate to ask for a representative.
 Contract
Ratification
Last fall WAPB members voted to ratify the newly negotiated labor contract by
a wide margin. The contract now must be approved by the legislature. Governor
Gregoire has signaled her intent to sign off on the new contracts, which give
union-represented state employees our first pay increase in four years. If
approved, the new contacts will become effective July 1, 2005. Grandfathered
Employees
In 2000 a ruling called RU-500 identified what positions belonged in which
union after the merger of the Fisheries and Wildlife into WDFW. At that time
employees were provided a “one-time” grandfathering option to stay in their
union of choice instead of moving into their correct bargaining unit. Under new
laws it appears the grandfathering agreement may be null and void. WPEA and WAPB
have entered negotiations to determine how those employees can be reassigned to
their correct bargaining unit. PERC Rules on ITAS and Career Seasonal
Employees
PERC reviewed our request to accrete new employees in the ITAS job
classification. After much discussion WAPB and WDFW agreed to mutually withdraw
the request to accrete these positions. The ITAS employees are an important part
of WDFW but it was agreed that they did not quite fit the WAPB bargaining unit
description.
Regarding Career Seasonal employees, PERC issued a decision in ruling 8577
(available on our website) that included “all employees” in specified work
groups. Until this ruling Career Seasonal employees were overlooked because the
bargaining unit description did not specifically state “career seasonals”,
although it did include “all permanent”. The oversight has been corrected and we
are happy to welcome Permanent Career Seasonal employees into WAPB.
Bookkeeper
WAPB has been endowed with tremendous Treasurers; most recently Lauri Vigue
and Kirt Hughes. After several terms Lauri decide it was time to retire from her
position. Kirt, much to our loss, recently transferred to a WPEA represented
position. The treasurer is easily the most challenging and time-consuming of all
WAPB board positions and these people will be impossible to replace. To ensure a
continuation of the high-level of service provided by past WAPB treasurers, the
board intends to hire a bookkeeper for the routine financial duties. The
treasurer will continue to oversee WAPB finances, but at a reduced (and more
appropriate) workload. New Board Member
Camille Speck, Marine Resources, was appointed to serve the remainder of the
term for the Member-at-large Board position that was vacated when Adam Couto was
elected Vice President.
Camille brings a fresh new perspective and energy to the Board. If you see her,
please congratulate her on her appointment. By-laws
With a new contract, accretion of new work groups, and new Civil Service laws
it has become apparent that our by-laws must be updated. The Board met in late
March to update the by-laws to reflect changes in the membership and the board.
All members in good standing will have the opportunity to vote on the revisions
in May.
Steve Bell ¨
Candidate for President
I earned my BS in Natural Resource Management in 1996 and a Masters in
Natural Resources in 2001. I have worked in state service for a little over nine
years. I have worked in various Scientific Technician positions, been a Forester
and a WDFW Area Habitat Biologist since 2001.
 In
2003 I reluctantly agreed to run for President of WAPB. I was reluctant because
I knew the changes in the Civil Service rules, accretion of new work groups, and
contract negotiations were going to be challenging for our union. And they were.
But we survived and I think WAPB is better for it.
This is my vision for the future of your union. I want to establish a 501(c)4
Research and Education Foundation to establish a scholarship separate from our
dues funded by voluntary donations. I want to expand and reorganize the board to
reflect the recent changes to our union. I think there is too much power vested
in the President and I think the members would be better served if certain
specific duties were delegated to key board positions. Because unions will be
negotiating new contracts every two years I would like to institute a training
plan to development the skills of the Negotiating Committee. I want to clarify
our role in future legislative activities. And finally, it is my goal to try and
double our war chest savings by the time my second term is over.
It has been a sincere pleasure and distinct honor to represent you over the last
two years. If you will have me as your President for two more years I will
continue the fight to bring the respect and dignity you deserve back into the
work place. Thank you.
Bryan Murphie ¨ Candidate
for Secretary
Bryan Murphie will be seeking a second term as your Secretary. Bryan was
raised in Montesano, WA. Promptly after graduating High School in 1987, he left
to serve in the US Army. Returning home, he first attended Grays Harbor
Community College, then the University of Montana, all the while working
seasonal and temporary technician positions, as well as several non-field
related jobs, to fund his education. During this time, Bryan worked in a foundry
fabricating metal parts, counseled veterans searching for employment, served as
a Park Aide for WA State Parks, patrolled various job sites as a security guard,
tracked Northern goshawks in Wyoming, pileated woodpeckers in Forks, elk in the
east Olympics, searched rivers for harlequin ducks, checked squawfish in the
Tri-Cities, and counted honey bee tracheal mites in Montana. He graduated from
the University of Montana in 1996 with a Bachelor of Science degree in wildlife
biology. He has been a Fish and Wildlife Biologist II with WDFW since 1996.
Bryan’s position is divided into two parts. Half of his time is spent working in
the Region 6 Wildlife Program providing technical field support primarily with a
terrestrial emphasis. Much of this work involves black-tailed deer and Roosevelt
elk. The other half of his time is spent within the Puget Sound Ambient
Monitoring Program based in Olympia. This work is focused on marine birds and
marine mammals. Pat Miller ¨ Candidate for
Wildlife Program Position
District Wildlife Biologist for the St Helens District in Region V, with
agency for 28+ years. Previous WAPB involvement includes; Vice President,
President, Member At Large, Newsletter Editor and most recently Wildlife VP
under the Pilot program. I hope that my past experience in Association
activities can continue to serve members into the future. Camille Speck
¨ Candidate for Member at Large Position
My name is Camille Speck and I grew up on a sailing/live-aboard on the
working waterfront of Sausalito Bay, CA. Growing up on the wrong side of the
docks in the second wealthiest county in the nation taught me the importance of
representation early in life. My family moved to Port Townsend in 1983, where I
attended high school. In 1992, I graduated from The Evergreen State College with
a BA/BS. My scientific interest focused largely on marine ecology with an
emphasis on marine mammals.
After a stint with NOAA, I began 7 years of itinerant scientific technician
jobs. I have worked with a variety of species and habitats: hooting spotted
owls, searching for marbled murrelets in forest stands, observing fishermen/pinniped
interactions on the Columbia River and 6 winters hiking the Hoh and Quillayute
watersheds looking for spawners and counting redds. I have been at Point Whitney
since 1999 where I am now a Fish and Wildlife Biologist 3. I oversee a crew of
scientists and technicians tasked with assessing recreational shellfish harvest
and bivalve populations on public tidelands. I recently bought a 121-year-old
house in Port Townsend where I live with my beau, a cranky 77-lb bulldog, a
12-year-old frog and two freakishly large goldfish.
During the rush of union recruiters spurred by Washington State’s Human Resource
Reform, I gathered “showing of interest” signatures for WAPB. I like the fact
that WAPB has minimal paid infrastructure—no recruiters, no expensive offices to
maintain and reasonable dues, while also maintaining excellent legal counsel.
The executive board of WAPB consists of people that work for the same agency as
YOU, joined by common goals of advocating for the state’s fish and wildlife and
their habitats and promoting fair and safe working conditions for all members.
My experience in all but one job classification between Sci Tech 1 and F&W Bio 3
uniquely prepares me for representing the newest WAPB members, the scientific
technicians.
 This
year’s WAPB Annual Meeting will be held May 18, 2005, from 9 am to 3 pm at the
Summit Lodge at Snoqualmie. Lunch will be catered and provided free of charge to
everyone who RSVPs by May 1, 2005. For those traveling, rooms are available at
the lodge for $60.00 per night.
This is a special rate for WAPB members attending the meeting. In order to make
this year’s meeting more fun, we will have door prizes and have time set aside
for you to weigh in on issues affecting your working conditions, or to ask
questions of WAPB board members. We look forward to seeing you there!
Directions:
From the west side: Take I-90 east from I-5 or Hwy 18. Take exit 52.
From the east side: Take I-90 west from Cle-Elum. Take exit 53.
RSVP to: Steve Bell, Adam Couto, or
wapb@olmpiaonline.org
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