On July 1, 2005, new civil service rules and collective bargaining agreements went into effect for all of state government. The following summarizes some of the key changes resulting from personnel reform.
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Competencies/Skills and Abilities
The new personnel system integrates competencies (under the rules) and skills and abilities (under the bargaining agreements) across all HR processes, including recruitment, assessment, selection, development, performance management, compensation[1], layoff, and succession planning.
This more holistic approach will help managers, employees, and job applicants have a shared understanding of the important attributes needed for success in a particular job.
Classification
The consolidated job classes that are being phased in over the next several years will focus on the requirements of specific positions, rather than generic job classes. The more broadly defined job classes will give managers greater flexibility to make changes to duties and responsibilities in response to changing business needs. Focusing on the requirements of specific positions will help managers better match the skills of employees with the needs of the position. Employees will be able to gain broader skills that will enhance mobility and career advancement opportunities.
Hiring
Key improvements to the hiring process include: broadening the candidate pool, using position-specific qualifications when hiring and providing screening flexibility.
A larger, more diverse candidate pool will help managers find the best candidate for the job. For positions covered by bargaining agreements, agencies will be able to consider twenty candidates in each referral, with at least five of them being external candidates. For nonrepresented positions (those not covered by a bargaining agreement), agencies will be able to determine how many candidates to consider.
Rather than recruiting for a position based on generic qualifications for an entire job class, agencies will use their own agency-specific job descriptions to guide recruitment efforts.
To screen candidates, agencies can choose to use either the Department of Personnel’s candidate screening tools or their own agency-designed tools.
Performance and Discipline
Under the new operating system, there will be a more direct linkage between the performance of individual employees and achievement of the agency’s mission and goals.
Managers will be responsible for setting clear performance expectations, and employees must be held accountable for delivering on their performance goals. Performance will be measured in terms of both results achieved and demonstration of required competencies (skills and abilities) as defined in the position’s job description. Providing structured, focused feedback allows employees to continuously improve their performance and enhances their opportunity for success.
The new rules for nonrepresented employees give agencies the ability to tie compensation to performance and to include performance as a factor in layoff. These options are only available to agencies that have received Performance Management Confirmation from the Department of Personnel, and do not apply to employees covered by collective bargaining agreements.
The new rules and agreements allow managers to discipline non-performance using the Just Cause Standard. This is a widespread standard of discipline used in both the private and public sectors that allows managers to discipline employees based on a common sense approach. A manager should now be able to correct performance quicker and easier using this approach.
Layoff
Historically, by law, seniority has been the sole basis for determining who would be laid off. Under the new bargaining agreements, the skills and abilities defined in an employee’s job description may also be considered in making a layoff decision. The new rules for nonrepresented employees allow agencies to consider factors such as performance[2], competencies, and other legitimate business factors.
Scheduling
Managers often need more scheduling flexibility to be responsive to changing demands and to better manage workload. The new rules and contracts relax old overtime rules that were more restrictive than federal and state law required so that work schedules can be adjusted as needed without the restrictive notice periods in current rules. In most cases, overtime rates will be paid for time worked beyond forty hours. Managers will need to consult with human resources staff to determine which positions are overtime eligible and which ones are overtime exempt.
Overtime requirements closely follow the Fair Labor Standards Act, with some exceptions. Managers should consult their human resource office for specific requirements.
Bargaining
Under the old system, each agency bargained separately, and a union could bring issues to management to negotiate at anytime. RCW 41.80 and the new contracts only allow for negotiations between the Governor’s Office and the unions. Agencies will still communicate with unions regularly without the requirement to negotiate.
[1] Specialized skills may result in assignment pay, where applicable. For non-represented employees, demonstrated competencies could also be a contributing factor in performance recognition pay.
[2]The employer must have received Performance Management Confirmation from the Department of Personnel in order to use performance as a factor in layoff.
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