WSNA has recently become aware of some concerns with contractual economic items and has begun communicating with the County:

Deferred Compensation

With your current WSNA collective bargaining agreement (CBA), staff nurses who were hired since the effective date in July 2023 did not become auto enrolled in the deferred compensation benefit. This was an economic improvement that new hires would be auto enrolled so that retirement savings could begin sooner than later in one’s tenure as an employee. Nurses are free to opt out of this at any time. The employer stated they would be investigating this to determine which benefit-eligible staff nurses have been affected. We have provided them with a list of nurses who have been hired since mid-July 2023, understanding the employer may have a more comprehensive list. Please respond to the employer’s inquiries regarding this. We will update you when we have more information. From p. 18 of the CBA:

6.17 Deferred Compensation. Beginning with the Effective Date of this Agreement new employees will be automatically enrolled in the Deferred Compensation Program according to the following terms: three percent (3%) of gross wages, inclusive of add-to-pays and overtime, will be withdrawn from each paycheck on a pre-tax basis with an option to also enroll in annual auto increases every January 1st. While the open enrollment process will default to the auto-enrollment for deferred compensation, employees have the option to “opt out” at any time during open enrollment. They may also opt out of the program at any other time after they have enrolled.

Overtime conversion to Comp time

We also became aware that staff nurses who worked overtime may not have been getting applicable premiums, including but not limited to shift and weekend differentials when requesting to convert it to comp time. Clearly, it was complex to work through. The employer assessed the issue in the pay system and reported that this issue has been found. Pay codes were updated and tested. There are many economic benefits in your CBA which must be paid correctly. Nurses are strongly encouraged to review every pay statement for accuracy. If there are errors or the accuracy cannot be determined through your calculation, reach out to payroll first and explain the issue. If the issue is not resolved or if you are concerned the response you get may not be accurate, reach out to your site rep or Nurse Representative. From p. 21-21 of the CBA:

10.6.2. Daily Overtime Pay Rate Calculation. Daily Overtime, shall be paid at the rate of one and one-half (1-1/2) times the nurse’s applicable base rate of pay (listed in Addendum A), and one and one-half (1-1/2) times the following premiums and differentials, where applicable: longevity pay, weekend pay, shift differential, charge nurse pay, JHS assignment rate (per Section 6.6), and out-of-class pay, provided that such work is authorized by the employee’s supervisor. The Department will make a good faith effort to minimize the use of overtime. 

Section 10.7. Compensatory Time. Overtime may be compensated by compensatory time off at the rate of one and one-half (1-1/2) times the overtime hours worked, provided the employee requests compensatory time accrual in advance and the supervisor approves. Employees may not have a balance of more than forty (40) hours of compensatory time. All compensatory time not used by the end of a calendar year will be paid in cash. Exception: if use was not feasible due to the work demands of the position, the employee may request, and the Division Manager may approve the carryover of up to forty (40) hours of accrued compensatory time. Use of compensatory time off must be approved in advance as for vacation leave.

Mandatory Overtime

It is understood that overtime is to be voluntary, and that the employer must meet certain criteria to mandate overtime. The 2018 settlement referenced below came to be because of a frequency and degree of mandatory overtime that did not fulfill the exception criteria. Further, it was a remedy for those who had been disciplined related to the practice. Incremental overtime that may result in the time immediately surrounding change of shift is not always a violation of the agreement but may be. This topic will be discussed at the JHS labor management committee in November. Updates will be shared with you.

10.6.3. In addition, the Department will follow RCW 49.28.140, Mandatory Overtime Prohibited, with respect to Jail Health Services overtime. The County and Department of Labor and Industries have also entered into a compliance agreement unique to King County signed May 31, 2018, concerning RCW 49.28.140. Employee complaints may be filed with the appropriate state agency. The settlement agreement is available on your local unit webpage under additional contract documents.

Read the full settlement here https://cdn.wsna.org/assets/local-unit-assets/seattle-king-county-health-dept-staff/LI-KingCountySettlement-ComplianceAgreement05.31.2018.pdf

L & I Complaint formhttps://lni.wa.gov/workers-rights/industry-specific-requirements/healthcare-labor-standards#hls-complaint-form

Questions? Contact Nurse Representative Tara Barnes tbarnes@wsna.org