CBA Article 37

ARTICLE 37 SENIORITY 

37.1 Definition 

A. Seniority for full-time nurses shall be defined as the nurse’s length of unbroken state service. Seniority for part-time or on-call nurses shall be based on actual hours worked. For purposes of calculating actual hours worked for part-time and on-call employees, forty (40) hours will equal seven (7) days of seniority. Leave without pay of fifteen (15) consecutive calendar days or less will not affect a nurse’s seniority. When a nurse is on leave without pay for more than fifteen (15) consecutive calendar days, the nurse’s seniority will not be affected when the leave without pay is taken for: 

1. Military leave or United States Public Health Service, 

2. Compensable work-related injury or illness leave, 

3. Government service leave and leave to enter the Peace Corps, not to exceed two (2) years and three (3) months, 

4. Educational leave, contingent upon successful completion of the coursework, and/or 

5. Reducing the effects of a layoff.

When a nurse is on leave without pay for more than fifteen (15) consecutive calendar days and the absence is not due to one of the reasons listed above, the nurse’s seniority date will be moved forward in an amount equal to the duration of the leave without pay. Time spent on a temporary layoff or when a nurse’s work hours are reduced in accordance with Article 28.5, Layoff and Recall, shall not be deducted from the calculation of seniority. Nurses who are separated from state service due to layoff, and are reemployed within two (2) years of their separation date shall not be considered to have a break in service. 

B. For the purposes of layoffs, a maximum of five (5) years’ credit will be added to the seniority of permanent nurses who are veterans or to their surviving spouse or surviving state registered domestic partner, as provided for in RCW 41.06.133

37.2 Ties 

If two (2) or more nurses have the same unbroken state service date, ties shall be broken in the following order: 

1. Longest continuous time within their current job classification; 

2. Longest continuous time with the agency; and 

3. By lot. 

37.3 Seniority List 

The Employer shall prepare and post a seniority list. The list shall be updated annually and shall contain each nurse’s name, job classification and seniority date. Nurses shall have fourteen (14) calendar days in which to appeal their seniority date to their Human Resource Office, after which time the date shall be presumed correct. A copy of the seniority list shall be provided to the Union at the time of posting. 

© Paul Vilja 2017