Following the award of a contract under the competitive contracting process (as described in Title 236 WAC), how does an employer lay off employees whose positions are being eliminated due to the awarded contract?
(1) If an employee business unit as defined by WAC
357-43-001 is not awarded the contract, all employees whose positions are being eliminated are subject to the employer's layoff procedure when the positions are eliminated or reduced.
(2) Employees whose positions are being eliminated who are not part of the employee business unit awarded the contract are subject to the employer's layoff procedure when the employees' positions are eliminated or reduced. (See WAC
357-43-008 for what happens if an employee chooses to not be a part of the employee business unit.)
[Statutory Authority: Chapter
41.06 RCW. WSR 07-11-092, § 357-46-012, filed 5/16/07, effective 7/1/07; WSR 05-19-004, § 357-46-012, filed 9/8/05, effective 10/10/05.]