Job Actions and Work Stoppages

Are employees allowed to go on strike?

Washington State law Revised Code of Washington (RCW) 41.56.120 – Right to strike not granted, does not grant state employees the right to strike. However, we are aware similar higher education groups have participated in strikes/work stoppage in the past. The Washington State Office of the Attorney General has a published opinion which in general states public employees cannot strike.

What is a Work-in?

A work-in is seen as a form of protest where employees gather in a public area while continuing to work (on laptops and such) to draw attention to their cause or a specific matter. Normally related to their employment and/or Contract negotiations.

Recently, at WSU the academic student employee group WSU-CASE websites indicated to their members indicated one was to take place on Friday, December 8, 2023 between 10:00am -2:00pm “At the work-in, you can feel free to bring whatever work that can be conducted on a laptop or whilst sitting. We will work in a public space to demonstrate our solidarity in our need for a fair contract now.“

If an ASE is able to appropriately continue to perform the duties of their position at an alternate location/worksite, no action need be taken. If an ASE cannot perform or does not perform their duties they are expected to provide the normal notification to their supervisor of their intended absence.

What type of picketing does the law allow to take place at a WSU site?

Picketing is allowed on WSU sites as long as it:

• Does not interfere with orderly business operations;
• Does not block ingress or egress to facilities; and
• Does not physically harass, threaten or intimidate any individual accessing WSU or any of its facilities.

See Washington Administrative Code (WAC) 504-31 Conduct on campus code and 504-33 Facility use rules for first amendment/free speech activities

What reaction, if any, should departments have to job actions?

No reaction is necessary, unless the activity interferes with the orderly operation of the department or facility. If the activity interferes with operations, contact WSU Labor Relations at hrs.labor@wsu.edu  or 509-335-4521 as soon as possible.

• Managers and supervisors should take no action that would reasonably be interpreted as interfering, restraining or being coercive.
• If there are concerns of health and safety, WSU campus police or security or local law enforcement at a non-campus location should be contacted, but no direct action taken by department personnel.

See WAC 504-31 Conduct on campus code and 504-33 Facility use rules for first amendment/free speech activities and 504-35 Facility use rules for other than first amendment/free speech activities.

If I am an Academic Student Employee and I choose to work, where do I go if I am feeling pressured or threatened about my choice?

In accordance with WAC 504-26-230, intimidation’s, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured by university policies, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing, is prohibited. 

Additionally, WSU BPPM 50.31 details policies on Workplace Bullying Prevention and Reporting, which includes undermining or impeding another person’s work as bullying. BPPM 50.31 lists resources available to employees and supervisors and includes a link to the Workplace Bullying Incident Report.

What do I do if employees picketing impact access to the worksite or receiving mail or deliveries?

Employees who negatively impact day-to-day function of the University may be subject to employment actions including corrective or disciplinary action. If you are experiencing issues accessing the worksite or receiving mail or deliveries due to a strike on campus, please notify the Labor Relations Department hrs.labor@wsu.edu or 509-335-4521 .

If you have immediate concerns you may also reach out to Campus Police or Security:
Pullman: 509-335-8548
Spokane: 509-358-7995 or dial #40 from campus phone
Tri-Cities: 509-372-7698
Vancouver: 360-546-9001
Everett: 425-388-9990

What information can supervisors share about possible job actions?

Supervisors can explain attendance expectations and reiterate WSU leave and callout policies and procedures. Management should refrain from expressing opinions in support of, or opposition to, any job action.

What should I do if I have an employee who refuses to cross a picket line?

WSU employees do not have the right to refuse to cross a picket line. The only exception is when there is a legitimate concern over health and safety. You may remind the employee that all WSU employees have an obligation to come to work and perform the functions for which they are paid. If an employee does not cross a picket line, they may request to use accrued personal leave in accordance with university policy or may request alternate work options. What if any leave or alternative work options are available are at the discretion of the department.

Is it appropriate to take pictures of employees on the picket line?

It is not appropriate to take pictures or video of peaceful demonstrations. If employees are taking pictures of each other, either at work or participating in a job action and the employee(s) being photographed do not object, you do not need to take any action.

Can an employee request leave or a change in work schedule in order to participate in a strike?

Employees are free to request time away from work however they choose.  They may also request a change in their work schedule.

• Per the current Chapter Nine – Graduate Assistantships of the Graduate School Policies & Procedures manual.
  • During the term of the appointment, all graduate students on assistantship appointment are expected to be at work each normal workday, including periods when the university classes are not in session, with the exception of the legal holidays designated by the Board of Regents.
  • There is no annual leave associated with assistantships.
• Student hourly positions also do not earn annual leave.

Supervisors are to assess the request for time away from the worksite as they would do for any other request, considering only the usual and customary factors relating to the business need for the services of the employee. If the business need is such that time away from work cannot be granted, or a work schedule may not be adjusted, you should deny the request.

It is important to be consistent and to document the business reasons for your decision to approve or deny the time away from work. Per RCW 42.52.160 employees may not use state resources for non-work purposes or personal gain. This includes receiving regular pay when not engaged in work activities.

What if an employee does not work their expected hours?

If an employee, including graduate students on assistantship do not worked their expected hours they are not to be paid for hours not worked. Graduate students on assistantships do not record time, and time offs such as annual leave, sick leave, etc. do not currently apply to this group. Therefore, time not work under their expected hours in the week would be recorded as Leave without pay. Time not worked by any other employee type would also be recorded accordingly.

Leave Without Pay time off type is available in Workday. Please review the Enter and Correct Time Off and Absence on Behalf of Employee – HR Partner and Timekeeper Workday reference guide for information on how to record leave without pay for appropriate hours not worked.

Temporary/Hourly employees scheduled to work who do not, are not paid for hours not worked.

If the employee is absent from work activities without authorization, performance may be addressed. However, you should review the appropriate employee standards and confer with appropriate departments.

Per RCW 42.52.160 employees may not use state resources for non-work purposes or personal gain. This includes receiving regular pay when not engaged in work activities.

Can employees walk the picket line during lunch and breaks?

Employees may use non-work time to participate in activities of their choice.

Does an Academic Student Employee’s choice to strike impact their education courses/dissertation?

An ASE’s student status is to be viewed separate from engaging in an employment actions(including strikes). ASEs who choose to strike in their employment role, are still expected to attend academic classes and continue making progress on their education. There should be no modification to ASE’s academic expectations nor retaliatory actions against an ASE in their academic courses for participation in a strike.

How does WSU avoid unfair labor practices charges?

Employers are barred from interfering with, restraining, or coercing employees in the exercise of rights relating to organizing, forming, joining or assisting a labor organization for collective bargaining purposes, or refraining from any such activity. Supervisors are WSU’s representatives on the front line. Visit the Employer TIPS and TOOLS webpage for helpful guidelines.

As a faculty member, what is the guidance and potential implications of a potential strike during the end of the semester?

See the Provost’s memo on Update on Negotiations with the ASE for further details on unit expectations.

With the announced strike may I ask an employee if they will be working or not?

Departments may always verify if employees intend to be working, whether the reason for not working is impending severe weather or with the strike action announced. Employees are expected to work their normal hours and/ or perform their normal duties, unless they identify they are unable to for any reason.

A broad announcement that a strike is pending is not sufficient notice for any individual to have satisfied their personal obligation to notify their supervisor of their intention to not perform the duties of their position. Each individual employee, including ASEs are expected to notify their department through normal department processes if they will not be working their expected time/hours.

See “What if an employee does not work their expected hours?” above for more information.