(1) Appointing authority: An individual lawfully authorized to appoint, transfer, layoff, reduce, dismiss, suspend, or demote employees.

(2) Contract: A formal and binding agreement or an amendment to an agreement between an employer and an employee business unit for performing services as defined in the competitive contracting solicitation.

(3) Employee business unit: A group of employees who perform services for which an employer proposes to competitively contract and who:

(a) Notify the agency of their intent to submit a bid for the performance of those services through competitive contracting; or

(b) Receive award of a contract from the employer as a result of being a successful bidder.

(4) Employee business unit member: A classified employee working under the provisions of chapter 357-43 WAC.

(5) Employer: A state agency, an institution of higher education, or a related higher education board.

EBU members may choose to opt out of civil service rules that are not required in statute.

The purpose of this chapter is to establish the chapter of civil service rules that apply to employee business unit members when employed under a contract.

WAC 357-46-012 governs layoff actions resulting from the competitive contracting process as described in Title 200 WAC.

When an employee chooses to not be a part of the employee business unit, the following applies:

(1) If the employee chooses to not be a part of the employee business unit before the employer's notification of the intent to award the contract to the employee business unit (as described in WAC 200-320-600), the employee has layoff rights in accordance with WAC 357-46-012.

(2) If the employee chooses to not be a part of the employee business unit after the employer's notification of the intent to award the contract to the employee business unit (as described in WAC 200-320-600), the employee has no layoff rights under chapter 357-46 WAC and is considered to have resigned when his/her position is eliminated.

The rules explaining employee business unit bid submittals and evaluation of those bids are included in chapter 200-320 WAC, Competitive contracting.

Employee business unit members continue to be classified employees.

The terms and conditions of employee business unit employment are established by the contract or by appointment actions taken under that contract.

Employment within an employee business unit must comply with applicable federal, state and municipal statutes and regulations and executive orders as applicable.

The duties of an appointing authority may be delegated to an employee business unit member.

Employee business unit members must complete any training required by the contracting employer or must satisfy training requirements as prescribed by the employee business unit contract.

Positions in an employee business unit must be included in the employer's affirmative action plan.

An employee business unit member may accept an appointment to an exempt position or a classified position outside of the employee business unit.

Chapter 357-43 WAC does not apply to appointments to classified positions outside of a employee business unit.

A former employee business unit member who was appointed to an exempt position from the employee business unit has return rights provided in RCW 41.06.070.