BP BHEAD INT H

AN ACT Relating to state government; amending RCW 41.56.100, 41.06.150, 28B.16.100, and 28B.16.200; reenacting and amending RCW 41.56.030 and 41.04.230; adding new sections to chapter 41.56 RCW; adding a new section to chapter 28B.16 RCW; adding a new section to chapter 41.06 RCW; adding a new chapter to Title 41 RCW; creating new sections; providing effective dates; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

PART I

COLLECTIVE BARGAINING FOR INSTITUTIONS OF HIGHER EDUCATION

NEW SECTION. Sec. 101. A new section is added to chapter 41.56 RCW to read as follows:

In addition to the entities listed in RCW 41.56.020, this chapter shall apply to institutions of higher education with respect to the employees classified under chapter 28B.16 RCW or covered by a bargaining agreement under section 104(2) of this act.

Sec. 102. RCW 41.56.030 and 1992 c 36 s 2 and 1991 c 363 s 119 are each reenacted and amended to read as follows:

As used in this chapter:

(1) "Public employer" means any officer, board, commission, council, institution of higher education, or other person or body acting on behalf of any public body governed by this chapter as designated by RCW 41.56.020, 41.56.022, 41.56.024, and section 101 of this act, or any subdivision of such public body. For the purposes of this section, the public employer of district court or superior court employees for wage-related matters is the respective county legislative authority, or person or body acting on behalf of the legislative authority, and the public employer for nonwage-related matters is the judge or judge's designee of the respective district court or superior court.

(2) "Public employee" means any employee of a public employer except any person (a) elected by popular vote, or (b) appointed to office pursuant to statute, ordinance or resolution for a specified term of office by the executive head or body of the public employer, or (c) whose duties as deputy, administrative assistant or secretary necessarily imply a confidential relationship to the executive head or body of the applicable bargaining unit, or any person elected by popular vote or appointed to office pursuant to statute, ordinance or resolution for a specified term of office by the executive head or body of the public employer, or (d) who is a personal assistant to a district court judge, superior court judge, or court commissioner. For the purpose of (d) of this subsection, no more than one assistant for each judge or commissioner may be excluded from a bargaining unit.

(3) "Bargaining representative" means any lawful organization which has as one of its primary purposes the representation of employees in their employment relations with employers.

(4) "Collective bargaining" means the performance of the mutual obligations of the public employer and the exclusive bargaining representative to meet at reasonable times, to confer and negotiate in good faith, and to execute a written agreement with respect to grievance procedures and collective negotiations on personnel matters, including wages, hours and working conditions, which may be peculiar to an appropriate bargaining unit of such public employer, except that by such obligation neither party shall be compelled to agree to a proposal or be required to make a concession unless otherwise provided in this chapter. In the case of the Washington state patrol, "collective bargaining" shall not include wages and wage-related matters.

(5) "Commission" means the public employment relations commission.

(6) "Executive director" means the executive director of the commission.

(7) "Uniformed personnel" means (a) law enforcement officers as defined in RCW 41.26.030 as now or hereafter amended, of cities with a population of fifteen thousand or more or law enforcement officers employed by the governing body of any county with a population of seventy thousand or more, or (b) fire fighters as that term is defined in RCW 41.26.030, as now or hereafter amended.

(8) "Institutions of higher education" means the same as defined in RCW 28B.10.016 but does not include technical colleges.

Sec. 103. RCW 41.56.100 and 1989 c 45 s 1 are each amended to read as follows:

(1) A public employer shall have the authority to engage in collective bargaining with the exclusive bargaining representative and no public employer shall refuse to engage in collective bargaining with the exclusive bargaining representative((~~: PROVIDED, That~~)). Except as otherwise authorized in section 104 of this act, nothing contained herein shall require any public employer to bargain collectively with any bargaining representative concerning any matter which by ordinance, resolution or charter of ((~~said~~)) the public employer, or by statute, has been delegated to any civil service commission or personnel board similar in scope, structure and authority to the board created by chapter 41.06 RCW.

(2) Upon the failure of the public employer and the exclusive bargaining representative to conclude a collective bargaining agreement, any matter in dispute may be submitted by either party to the commission. If a public employer implements its last and best offer where there is no contract settlement, allegations that either party is violating the terms of the implemented offer shall be subject to grievance arbitration procedures if and as such procedures are set forth in the implemented offer, or, if not in the implemented offer, if and as such procedures are set forth in the parties' last contract.

NEW SECTION. Sec. 104. A new section is added to chapter 41.56 RCW to read as follows:

(1) On the effective date of this section, the commission shall recognize, in their current form, all bargaining units certified by the higher education personnel board as of June 30, 1993.

(2) At any time after the effective date of this section, a bargaining unit at an institution of higher education certified under this chapter or recognized under subsection (1) of this section and the public employer may agree to have their relationship and corresponding obligations governed entirely by the provisions of chapter 41.56 RCW by mutual adoption of a collective bargaining agreement stating the parties' intent to be so governed. The parties shall provide notice and a copy of the agreement to the department of human resources and the commission. On the first day of the month following the month during which notice is received by the agencies, chapter 41.06 RCW shall cease to apply to all employees in the bargaining unit covered by the agreement, and the limitations on bargaining contained in RCW 41.56.100(1) shall cease to apply to the institution.

(3) If a bargaining unit and an institution mutually agree to a collective bargaining agreement permitted in subsection (2) of this section, salary increases for the employees in the bargaining unit shall be subject to the following:

(a) Salary increases shall continue to be appropriated by the legislature and, except as otherwise provided under (c) of this subsection, contract provisions relating to salary increases shall not exceed the amount or percentage established by the legislature in the appropriations act for the institutions or as allocated to the board of trustees by the state board for community and technical colleges.

(b) Any provisions of the contracts pertaining to salary increases shall not be binding upon future actions of the legislature. If any provision of a salary increase provided under (a) of this subsection is changed by subsequent modification of the appropriations act by the legislature, both parties shall immediately enter into collective bargaining for the sole purpose of arriving at a mutually agreed upon replacement for the modified provision.

(c) The agreements may provide for salary increases that are in addition to increases provided by the legislature. However, the base for salary increases provided by the legislature under (a) of this subsection shall include only those amounts appropriated by the legislature and the base shall not include any additional salary increases provided under this subsection (3)(c).

(4) No collective bargaining agreement may contain any provision relating to any retirement benefits, retirement system, or retirement law, or relating to any health care benefits or employee insurance benefits.

(5) A bargaining unit recognized under this chapter that does not agree with the public employer to bargain under the provisions in subsection (2) of this section shall be covered by chapter 41.06 RCW. Collective bargaining for such employees and their exclusive bargaining representatives is limited to negotiations on a grievance procedure and personnel matters over which the institution or related board may lawfully exercise discretion as defined by RCW 28B.16.100(2) before the effective date of this section.

NEW SECTION. Sec. 105. A new section is added to chapter 28B.16 RCW to read as follows:

At any time after the effective date of this section, a bargaining unit at an institution of higher education certified or recognized under chapter 41.56 RCW and the institution may agree to have their relationship and corresponding obligations governed entirely by the provisions of chapter 41.56 RCW by mutual adoption of a collective bargaining agreement stating the parties' intent to be so governed. The parties shall provide notice and a copy of the agreement to the director of human resources and the public employment relations commission. On the first day of the month following the month during which notice is received by the agencies, this chapter shall cease to apply to all employees in the bargaining unit covered by the agreement.

Sec. 106. RCW 41.06.150 and 1990 c 60 s 103 are each amended to read as follows:

The board shall adopt rules, consistent with the purposes and provisions of this chapter((~~, as now or hereafter amended,~~)) and with the best standards of personnel administration, regarding the basis and procedures to be followed for:

(1) The reduction, dismissal, suspension, or demotion of an employee;

(2) Certification of names for vacancies, including departmental promotions, with the number of names equal to four more names than there are vacancies to be filled, such names representing applicants rated highest on eligibility lists: PROVIDED, That when other applicants have scores equal to the lowest score among the names certified, their names shall also be certified;

(3) Examinations for all positions in the competitive and noncompetitive service;

(4) Appointments;

(5) Training and career development;

(6) Probationary periods of six to twelve months and rejections therein, depending on the job requirements of the class, except that entry level state park rangers shall serve a probationary period of twelve months;

(7) Transfers;

(8) Sick leaves and vacations;

(9) Hours of work;

(10) Layoffs when necessary and subsequent reemployment, both according to seniority;

(11) ((Determination of appropriate bargaining units within any agency: PROVIDED, That in making such determination the board shall consider the duties, skills, and working conditions of the employees, the history of collective bargaining by the employees and their bargaining representatives, the extent of organization among the employees, and the desires of the employees;

(12) Certification and decertification of exclusive bargaining representatives: PROVIDED, That after certification of an exclusive bargaining representative and upon the representative's request, the director shall hold an election among employees in a bargaining unit to determine by a majority whether to require as a condition of employment membership in the certified exclusive bargaining representative on or after the thirtieth day following the beginning of employment or the date of such election, whichever is the later, and the failure of an employee to comply with such a condition of employment constitutes cause for dismissal: PROVIDED FURTHER, That no more often than once in each twelve-month period after expiration of twelve months following the date of the original election in a bargaining unit and upon petition of thirty percent of the members of a bargaining unit the director shall hold an election to determine whether a majority wish to rescind such condition of employment: PROVIDED FURTHER, That for purposes of this clause, membership in the certified exclusive bargaining representative is satisfied by the payment of monthly or other periodic dues and does not require payment of initiation, reinstatement, or any other fees or fines and includes full and complete membership rights: AND PROVIDED FURTHER, That in order to safeguard the right of nonassociation of public employees, based on bona fide religious tenets or teachings of a church or religious body of which such public employee is a member, such public employee shall pay to the union, for purposes within the program of the union as designated by such employee that would be in harmony with his or her individual conscience, an amount of money equivalent to regular union dues minus any included monthly premiums for union-sponsored insurance programs, and such employee shall not be a member of the union but is entitled to all the representation rights of a union member;

(13) Agreements between agencies and certified exclusive bargaining representatives providing for grievance procedures and collective negotiations on all personnel matters over which the appointing authority of the appropriate bargaining unit of such agency may lawfully exercise discretion;

(14) Written agreements may contain provisions for payroll deductions of employee organization dues upon authorization by the employee member and for the cancellation of such payroll deduction by the filing of a proper prior notice by the employee with the appointing authority and the employee organization: PROVIDED, That nothing contained herein permits or grants to any employee the right to strike or refuse to perform his or her official duties;

~~(15)~~)) Adoption and revision of a comprehensive classification plan for all positions in the classified service, based on investigation and analysis of the duties and responsibilities of each such position;

((~~(16)~~)) (12) Allocation and reallocation of positions within the classification plan;

((~~(17)~~)) (13) Adoption and revision of a state salary schedule to reflect the prevailing rates in Washington state private industries and other governmental units but the rates in the salary schedules or plans shall be increased if necessary to attain comparable worth under an implementation plan under RCW 41.06.155, such adoption and revision subject to approval by the director of financial management in accordance with the provisions of chapter 43.88 RCW;

((~~(18)~~)) (14) Increment increases within the series of steps for each pay grade based on length of service for all employees whose standards of performance are such as to permit them to retain job status in the classified service;

((~~(19)~~)) (15) Providing for veteran's preference as required by existing statutes, with recognition of preference in regard to layoffs and subsequent reemployment for veterans and their widows by giving such eligible veterans and their widows additional credit in computing their seniority by adding to their unbroken state service, as defined by the board, the veteran's service in the military not to exceed five years. For the purposes of this section, "veteran" means any person who has one or more years of active military service in any branch of the armed forces of the United States or who has less than one year's service and is discharged with a disability incurred in the line of duty or is discharged at the convenience of the government and who, upon termination of such service has received an honorable discharge, a discharge for physical reasons with an honorable record, or a release from active military service with evidence of service other than that for which an undesirable, bad conduct, or dishonorable discharge shall be given: PROVIDED, HOWEVER, That the widow of a veteran is entitled to the benefits of this section regardless of the veteran's length of active military service: PROVIDED FURTHER, That for the purposes of this section "veteran" does not include any person who has voluntarily retired with twenty or more years of active military service and whose military retirement pay is in excess of five hundred dollars per month;

((~~(20)~~)) (16) Permitting agency heads to delegate the authority to appoint, reduce, dismiss, suspend, or demote employees within their agencies if such agency heads do not have specific statutory authority to so delegate: PROVIDED, That the board may not authorize such delegation to any position lower than the head of a major subdivision of the agency;

((~~(21)~~)) (17) Assuring persons who are or have been employed in classified positions under chapter 28B.16 RCW will be eligible for employment, reemployment, transfer, and promotion in respect to classified positions covered by this chapter;

((~~(22)~~)) (18) Affirmative action in appointment, promotion, transfer, recruitment, training, and career development; development and implementation of affirmative action goals and timetables; and monitoring of progress against those goals and timetables.

The board shall consult with the human rights commission in the development of rules pertaining to affirmative action. The department of personnel shall transmit a report annually to the human rights commission which states the progress each state agency has made in meeting affirmative action goals and timetables.

Rules adopted pursuant to this section supersede collective bargaining agreements relative to matters covered by sections 206(2) and 207 of this act for classified employees bargaining under chapter 41.-- RCW (sections 201 through 217 of this act).

The provisions of a collective bargaining agreement covering employees of institutions of higher education that are not negotiated under RCW 41.--.--- (2) and (3) (section 104 (2) and (3) of this act) shall not prevail if in conflict with rules adopted by the director of human resources pursuant to this section.

NEW SECTION. Sec. 107. A new section is added to chapter 41.06 RCW to read as follows:

The procedures provided in this chapter or negotiated in collective bargaining agreements under chapter 41.-- RCW (sections 201 through 217 of this act) provide the exclusive forums for addressing all appeals, actions, complaints, grievances, claims, and remedies related to or arising from any incident of such employee's employment, except actions under other statutes applicable to state employees, and all such actions are governed solely by this chapter, the provisions of collective bargaining agreements, or chapter 41.64 RCW.

Sec. 108. RCW 28B.16.100 and 1990 c 60 s 202 are each amended to read as follows:

The higher education personnel board shall adopt rules, consistent with the purposes and provisions of this chapter and with the best standards of personnel administration, regarding the basis and procedures to be followed for:

(1) The dismissal, suspension, or demotion of an employee, and appeals therefrom;

(2) Certification of names for vacancies, including promotions, with the number of names equal to four more names than there are vacancies to be filled, such names representing applicants rated highest on eligibility lists: PROVIDED, That when other applicants have scores equal to the lowest score among the names certified, their names shall also be certified;

(3) Examination for all positions in the competitive and noncompetitive service;

(4) Appointments;

(5) Probationary periods of six to twelve months and rejections therein, depending on the job requirements of the class;

(6) Transfers;

(7) Sick leaves and vacations;

(8) Hours of work;

(9) Layoffs when necessary and subsequent reemployment, both according to seniority;

(10) ((Determination of appropriate bargaining units within any institution or related boards: PROVIDED, That in making such determination the board shall consider the duties, skills, and working conditions of the employees, the history of collective bargaining by the employees and their bargaining representatives, the extent of organization among the employees, and the desires of the employees;

(11) Certification and decertification of exclusive bargaining representatives: PROVIDED, That after certification of an exclusive bargaining representative and upon the representative's request, the director shall hold an election among employees in a bargaining unit to determine by a majority whether to require as a condition of employment membership in the certified exclusive bargaining representative on or after the thirtieth day following the beginning of employment or the date of such election, whichever is the later, and the failure of an employee to comply with such condition of employment constitutes cause for dismissal: PROVIDED FURTHER, That no more often than once in each twelve-month period after expiration of twelve months following the date of the original election in a bargaining unit and upon petition of thirty percent of the members of a bargaining unit the director shall hold an election to determine whether a majority wish to rescind such condition of employment: PROVIDED FURTHER, That for purposes of this clause, membership in the certified exclusive bargaining representative is satisfied by the payment of monthly or other periodic dues and does not require payment of initiation, reinstatement, or any other fees or fines and includes full and complete membership rights: AND PROVIDED FURTHER, That in order to safeguard the right of nonassociation of public employees, based on bona fide religious tenets or teachings of a church or religious body of which such public employee is a member, such public employee shall pay to the union, for purposes within the program of the union as designated by such employee that would be in harmony with his individual conscience, an amount of money equivalent to regular union dues minus any included monthly premiums for union-sponsored insurance programs, and such employee shall not be a member of the union but is entitled to all the representation rights of a union member;

(12) Agreements between institutions or related boards and certified exclusive bargaining representatives providing for grievance procedures and collective negotiations on all personnel matters over which the institution or the related board may lawfully exercise discretion;

(13) Written agreements may contain provisions for payroll deductions of employee organization dues upon authorization by the employee member and for the cancellation of such payroll deduction by the filing of a proper prior notice by the employee with the institution and the employee organization: PROVIDED, That nothing contained herein permits or grants to any employee the right to strike or refuse to perform his official duties;

~~(14)~~)) Adoption and revision of comprehensive classification plans for all positions in the classified service, based on investigation and analysis of the duties and responsibilities of each such position;

((~~(15)~~)) (11) Allocation and reallocation of positions within the classification plan;

((~~(16)~~)) (12) Adoption and revision of salary schedules and compensation plans which reflect the prevailing rates in Washington state private industries and other governmental units for positions of a similar nature but the rates in the salary schedules or plans shall be increased if necessary to attain comparable worth under an implementation plan under RCW 28B.16.116 and which shall be competitive in the state or the locality in which the institution or related boards are located, such adoption, revision, and implementation subject to approval as to availability of funds by the director of financial management in accordance with the provisions of chapter 43.88 RCW, and after consultation with the chief financial officer of each institution or related board for that institution or board, or in the case of community colleges, by the chief financial officer of the state board for community and technical colleges ((~~education~~)) for the various community colleges;

((~~(17)~~)) (13) Training programs including in-service, promotional, and supervisory;

((~~(19)~~)) (15) Providing for veteran's preference as provided by existing statutes, with recognition of preference in regard to layoffs and subsequent reemployment for veterans and their widows by giving such eligible veterans and their widows additional credit in computing their seniority by adding to their unbroken higher education service, as defined by the board, the veteran's service in the military not to exceed five years of such service. For the purposes of this section, "veteran" means any person who has one or more years of active military service in any branch of the armed forces of the United States or who has less than one year's service and is discharged with a disability incurred in the line of duty or is discharged at the convenience of the government and who, upon termination of such service, has received an honorable discharge, a discharge for physical reasons with an honorable record, or a release from active military service with evidence of service other than that for which an undesirable, bad conduct, or dishonorable discharge shall be given: PROVIDED, HOWEVER, That the widow of a veteran is entitled to the benefits of this section regardless of the veteran's length of active military service: PROVIDED FURTHER, That for the purposes of this section "veteran" does not include any person who has voluntarily retired with twenty or more years of active military service and whose military retirement pay is in excess of five hundred dollars per month;

((~~(20)~~)) (16) Assuring that persons who are or have been employed in classified positions under chapter 41.06 RCW will be eligible for employment, reemployment, transfer, and promotion in respect to classified positions covered by this chapter; ((~~and~~

~~(21)~~)) (17) Assuring that any person who is or has been employed in a classified position under this chapter will be eligible for employment, reemployment, transfer, and promotion in respect to classified positions at any other institution of higher education or related board((.)); and

The board shall consult with the human rights commission in the development of rules consistent with federal guidelines pertaining to affirmative action. The board shall transmit a report annually to the human rights commission which states the progress each institution of higher education has made in meeting affirmative action goals and timetables.

Sec. 109. RCW 28B.16.200 and 1979 c 151 s 18 are each amended to read as follows:

(1) There is hereby created a fund within the state treasury, designated as the "higher education personnel board service fund," to be used by the board as a revolving fund for the payment of salaries, wages, and operations required for the administration of the provisions of this chapter, the budget for which shall be subject to review and approval and appropriation by the legislature. Subject to the requirements of subsection (2) of this section, an amount not to exceed one-half of one percent of the salaries and wages for all positions in the classified service shall be contributed from the operations appropriations of each institution and the state board for community and technical colleges ((~~education~~)) and credited to the higher education personnel board service fund as such allotments are approved pursuant to chapter 43.88 RCW. Subject to the above limitations, such amount shall be charged against the allotments pro rata, at a rate to be fixed by the director of financial management from time to time, which will provide the board with funds to meet its anticipated expenditures during the allotment period.

(2) If employees cease to be classified under this chapter pursuant to an agreement, each institution of higher education and the state board for community and technical colleges shall continue, for six months after the effective date of the agreement, to make contributions to the higher education personnel board service fund based on employee salaries and wages that includes the employees under the agreement. At the expiration of the six-month period, the director of financial management shall make across-the-board reductions in allotments of the higher education personnel board service fund for the remainder of the biennium so that the charge to the institutions of higher education and state board based on the salaries and wages of the remaining employees classified under this chapter does not increase during the biennium, unless an increase is authorized by the legislature. The director of financial management shall report the amount and impact of any across-the-board reductions made under this section to the appropriations committee of the house of representatives and the ways and means committee of the senate, or appropriate successor committees, within thirty days of making the reductions.

(3) Moneys from the higher education personnel board service fund shall be disbursed by the state treasurer by warrants on vouchers duly authorized by the board.

PART II

COLLECTIVE BARGAINING FOR STATE EMPLOYEES

NEW SECTION. Sec. 201. DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Agency" means any agency as defined in RCW 41.06.020 and covered by chapter 41.06 RCW.

(2) "Collective bargaining" means the performance of the mutual obligation of the representatives of the employer and the exclusive bargaining representative to meet at reasonable times and to bargain in good faith in an effort to reach agreement with respect to the subjects of bargaining specified under section 206 of this act except by such obligation neither party shall be compelled to agree to a proposal or be required to make a concession.

(3) "Commission" means the public employment relations commission created by chapter 41.58 RCW.

(4) "Confidential employee" means an employee who, in the regular course of his or her duties, assists in a confidential capacity persons who formulate, determine, and effectuate management policies with regard to labor relations or who, in the regular course of his or her duties, has authorized access to information relating to the effectuation or review of the employer's collective bargaining policies thereto or who assists or aids managerial employees.

(5) "Employee" means any employee covered by chapter 41.06 RCW, including employees whose work has ceased in connection with the pursuit of lawful activities protected by this chapter, except:

(a) Employees covered by RCW 41.56.030, 41.56.100 or sections 101, 104, or 105 of this act;

(b) Confidential employees;

(d) Internal auditors in any agency;

(e) Any employee of the commission; and

(f) Any employee of the office of financial management, the department of personnel, or the attorney general's office or their successor organizations.

(6) "Employee organization" means any organization, union, or association in which employees participate and that exists for the purpose, in whole or in part, of collective bargaining.

(7) "Employer" means the state of Washington as represented by the governor or the governor's designee.

(8) "Exclusive bargaining representative" means any employee organization that has been certified or recognized under this chapter as the representative of the employees in an appropriate bargaining unit.

(9) "Executive director" means the executive director of the public employment relations commission.

(10) "Labor dispute" means any controversy concerning terms, tenure, or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment with respect to the subjects of bargaining provided in this chapter, regardless of whether the disputants stand in the proximate relation of employer and employee.

(11) "Managerial employees" means employees who:

(a) Formulate policy or direct the work of an agency or subdivision thereof; or

(b) Are responsible to administer and carry out policies and programs of an agency or subdivision thereof; or

(c) Manage, administer, and control a local branch office of an agency or subdivision thereof, including the physical, financial, or personnel resources thereof; or

(d) Have a substantial responsibility in personnel administration, legislative relations, public information, or the preparation and administration of budgets at the central level of state government or for any agency, department, board, or commission or subdivision thereof; or

(e) Functionally or organizationally are above the first level of supervision.

(12) "Supervisor" means any employee who has authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or to adjust employee grievances, or to effectively recommend such an action, if, in connection with the foregoing, the exercise of authority is not of a merely routine or clerical nature but requires the consistent use of independent judgment. "First level of supervision" and "first level supervisor" means the lowest level at which an employee functions as a supervisor.

(13) "Unfair labor practice" means any unfair labor practice listed in section 215 of this act.

(14) "Work stoppage" means any suspension, curtailment, or other interruption of normal work in connection with a labor dispute under this chapter or occurring during the course of collective bargaining, including a strike, which means any action by employees or employee organizations, acting in concert, wherein any or all of such employees withhold or otherwise fail or refuse to perform their normal duties or services as employees fully.

NEW SECTION. Sec. 202. DUTIES OF THE COMMISSION. Within the provisions set forth in this chapter, the duties of the commission shall be as follows:

(1) Through its executive director, to provide mediation services, either upon its own motion or upon the request of one or more of the parties to a labor dispute arising under this chapter:

(a) A mediator appointed by the commission shall meet with the representatives of the parties, either jointly or separately and shall take such other steps as the mediator deems appropriate in order to persuade the parties to resolve their differences and effect an agreement. A mediator does not have a power of compulsion;

(b) If the executive director is not able to bring the parties to agreement by mediation within a reasonable time the executive director shall seek to induce the parties voluntarily to seek other means of settling the dispute without resort to a work stoppage or other coercion, including submission to the employees in the bargaining unit of the employer's last offer of settlement for approval or rejection in a secret ballot. The failure or refusal of either party to agree to any procedure suggested by the executive director shall not be deemed a violation of any duty or obligation imposed by this chapter;

(c) No person who has served as a mediator under this chapter may thereafter be compelled in any civil hearing or proceeding to give testimony or produce evidence concerning any information obtained in the course of his or her activities as mediator;

(2) To resolve disputes concerning the assignment of classifications covered by this chapter to the appropriate bargaining unit established under section 210 of this act;

(3) To resolve any unfair labor practice filed by any employee, employee organization, or employer;

(4) To resolve any issue arising under this chapter with respect to representation matters covered by section 209 of this act.

Work stoppages arising from disputes involving subsections (2), (3), and (4) of this section are expressly prohibited.

NEW SECTION. Sec. 203. RULES. (1) The commission may adopt, amend, and rescind rules in the manner prescribed by chapter 34.05 RCW as necessary to carry out the provisions of this chapter, consistent with the best standards of labor management relations.

(2) In adopting rules under this chapter the commission shall give notice to, and consider proposals from, employee representatives and affected agencies. Complete and current compilations of all rules of the commission in printed form shall be available to the public free of charge.

NEW SECTION. Sec. 204. EMPLOYEE RIGHTS. Employees shall have the right to self-organize, form, join, or assist employee organizations, to bargain collectively through representatives of their own choosing, and to engage in other lawful concerted activities for the purposes of collective bargaining or other mutual aid or protection, free from interference, restraint, or coercion, and may also refrain from any or all such activities except to the extent that employees may be required to pay a fee to an exclusive bargaining representative under a union security provision authorized by this chapter.

NEW SECTION. Sec. 205. MANAGEMENT RIGHTS. This chapter shall not interfere with the right of the employer to carry out its statutory mandate. An employer shall not be required to bargain over matters of inherent managerial policy, which shall include such areas of discretion or policy as the functions and programs of the employer, its hours of operation, standards of service, use of technology, and organizational structure. Management rights, which in addition to all powers, duties, and rights established by constitutional provision, statute or special act, also include, but are not limited to, the exclusive power and right to:

(1) Direct, supervise, evaluate, or hire employees;

(2) Maintain and improve the efficiency and effectiveness of governmental operations;

(3) Determine and implement methods, process, means, procedures and type and number of personnel by which governmental operations are to be conducted;

(4) Suspend, reduce pay, demote, or discharge for just cause, or lay off, transfer, assign, schedule, promote, or retain employees; and

(5) Take whatever actions are deemed necessary to carry out the mission of the state and its agencies during an emergency.

NEW SECTION. Sec. 206. SCOPE OF BARGAINING. (1) Except as otherwise provided in this section, the matters subject to collective bargaining are wages, hours, and other terms and conditions of employment, and the negotiation of any question arising under a collective bargaining agreement.

(2) The scope of bargaining shall not include matters pertaining to:

(a) Rules, policies, practices, and procedures regarding merit system principles relating to:

(i) Original appointments and promotions including recruitment, examinations, grading, certification, probationary and trial service periods and appointments;

(ii) The job evaluation system including position classification and reclassification, position qualification standards, establishment and abolition of classifications, allocation and reallocation of positions to classifications, and the determination of an incumbent's status resulting from position reallocations;

(iii) Training and career development, the career executive program, veteran's preferences, and equal opportunity and affirmative action;

(b) Any retirement system, retirement benefit, or retirement statute of the state of Washington;

(c) Health care benefits or other employee insurance benefits but the cost or dollar contributions related thereto may be bargained; and

(d) Management rights as covered by section 205 of this act.

(3) In the event of a dispute between the employer and the exclusive bargaining representative over which matters are mandatory subjects for bargaining, the dispute shall be submitted to the commission for determination. Prior law, practice, or interpretation shall be neither restrictive, expansive, nor determinative with respect to the scope of bargaining. Work stoppages arising from disputes involving this subsection and subsection (2) of this section are expressly prohibited.

NEW SECTION. Sec. 207. COLLECTIVE BARGAINING AGREEMENTS. (1) The parties to a collective bargaining agreement shall reduce the agreement to writing and both shall execute it.

(2) A collective bargaining agreement shall contain provisions that:

(a) Require layoffs and subsequent reemployment to be implemented based on seniority and the maintenance and implementation of approved affirmative action plans; and

(b) Require processing of disciplinary actions or termination of employment entirely under the procedures of the collective bargaining agreement if an employee covered under this chapter has a right to contest the disciplinary action or termination of employment.

(3) If a collective bargaining agreement between an employer and the exclusive bargaining representative is concluded after the termination date of the previous collective bargaining agreement between the employer and an employee organization representing the same or a substantially similar bargaining unit, the effective date of the collective bargaining agreement may be the day after the termination of the previous collective bargaining agreement, and some or all benefits included in the new collective bargaining agreement, including wage or salary increases, may accrue beginning with that effective date.

NEW SECTION. Sec. 208. ENFORCEMENT OF COLLECTIVE BARGAINING AGREEMENTS. (1) Collective bargaining agreements negotiated under this chapter shall contain provisions for the final and binding arbitration of all disputes arising over the interpretation or application of the agreement.

(2) The parties to a collective bargaining agreement may agree on one or more permanent umpires to serve as arbitrator, may agree on any impartial person to serve as an ad hoc arbitrator, or may agree to select arbitrators from any source available to them including federal and private agencies or a list of arbitrators maintained by the commission.

(3) An arbitrator may require any person to attend as a witness and to bring with him or her any book, record, document, or other evidence. Subpoenas shall be issued and signed by the arbitrator and shall be served in the same manner as subpoenas to testify before a court of record in this state. The fees for attendance shall be paid by the party requesting issuance of the subpoena and shall be the same as the fees of witnesses in the superior court. If any person so summoned to testify refuses or neglects to obey the subpoena, upon petition authorized by the arbitrator, the superior court may compel the attendance of the person before the arbitrator or punish the person for contempt in the same manner provided for the attendance of witnesses or the punishment of them in the courts of this state.

(4) The arbitrator shall establish a time and place for a hearing and shall provide reasonable notice thereof to the parties to the dispute. The arbitrator may adjourn the hearing from time to time as may be necessary and, on application of either party and for good cause, postpone the hearing to a time not extending beyond a date fixed by the collective bargaining agreement for making the award. The arbitrator shall have the power to administer oaths. Each party shall have the opportunity to present evidence and make argument at the hearing. The rules of evidence prevailing in judicial proceedings may be considered, but are not binding, and any oral testimony or documentary evidence or other data deemed relevant by the arbitrator may be received in evidence. The arbitrator shall issue a written decision, which shall be signed by the arbitrator. The arbitrator shall promptly serve a copy of the decision on each of the parties or their attorneys.

(5) If a party to a collective bargaining agreement negotiated under this chapter refuses to submit a grievance for arbitration, the other party to the collective bargaining agreement may petition the jurisdiction of the superior court of Thurston county for issuance of an order compelling arbitration. Disputes concerning compliance with grievance procedures shall be reserved for determination by the arbitrator. Arbitration shall be ordered if the grievance states a claim which on its face is covered by the collective bargaining agreement, and doubts as to the arbitrability of an issue shall be referred to the arbitrator to be decided before hearing the merits of the case. Disputes concerning compliance with grievance procedures shall be reserved for determination by the arbitrator.

(6) If a party to a collective bargaining agreement negotiated under this chapter refuses to comply with the award of an arbitrator determining a grievance arising under the collective bargaining agreement, the other party to the collective bargaining agreement may petition the superior court of Thurston county for issuance of an order enforcing the arbitration award. The court shall not substitute its judgment for that of the arbitrator, and shall enforce any arbitration award that is based on the collective bargaining agreement, except that an arbitration award shall not be enforced if the court is satisfied that substantial rights of the parties have been prejudiced by:

(a) The arbitration award having been procured by corruption, fraud, or undue means; or

(b) Evident partiality or corruption in the arbitrator or arbitrators; or

(c) The arbitrator or arbitrators were guilty of misconduct in refusing to postpone a hearing upon sufficient cause shown or in refusing to hear evidence pertinent and material to the controversy, or of any other misbehavior by which the rights of any party have been prejudiced; or

(d) The arbitrator or arbitrators have exceeded their powers, or so imperfectly executed them that a final and definite award on the subject matter was not made.

(7) If an arbitration award is vacated, the court shall direct a rehearing either before the same arbitrator or before a new arbitrator to be chosen in the manner provided in the collective bargaining agreement for the selection of the original arbitrator. Any provision limiting the time in which the arbitrator may make a decision shall be deemed applicable to the new arbitration and to commence from the date of the court's order.

(8) Nothing in this chapter or rules adopted under it may be construed to authorize the commission or an arbitrator to direct in any manner the method, means, and number, and kinds of personnel by which agency operations are to be conducted or the number of clients to be served by agency programs and operations, or to spend money not already appropriated by the legislature, or that would have the effect of increasing the future appropriations or diminishing established programs.

(9) If there is any conflict between any collective bargaining agreement and any resolution, rule, policy, or regulation of the employer or its agents, the terms of the collective bargaining agreement shall prevail.

(10) Work stoppages arising from grievance disputes subject to arbitration under this section are expressly prohibited.

NEW SECTION. Sec. 209. REPRESENTATION. Transition from bargaining units certified under RCW 41.06.150 to bargaining units established by this chapter shall be in accordance with section 212 of this act. All subsequent questions pertaining to the issue of representation shall be resolved by the commission in accordance with the procedures in this section.

(1) Questions concerning representation may not be raised within one year following certification of an exclusive bargaining representative under this section.

(2) Questions concerning representation may not be raised within one year following an election or cross-check in which the employees failed to designate an exclusive bargaining representative.

(3) If there is a valid collective bargaining agreement in effect, questions concerning representation may not be raised except during the period not more than ninety nor less than sixty days before the expiration date of the agreement. In the event a valid collective bargaining agreement, together with any renewals or extensions thereof, has been or will be in existence for more than three years, questions concerning representation may be raised not more than ninety nor less than sixty days before the third anniversary date or any subsequent anniversary date of the agreement. If the exclusive bargaining representative is removed as the result of this procedure, the collective bargaining agreement shall be deemed to be terminated as of the date of the certification.

(4) An employee organization seeking certification as exclusive bargaining representative of a bargaining unit of employees, or bargaining unit employees seeking decertification of their exclusive bargaining representative, shall make a confidential showing to the commission of credible evidence demonstrating that at least thirty percent of the employees in the bargaining unit are in support of the petition.

(5) A petition filed by an employer shall be supported by credible evidence demonstrating the good faith basis on which the employer claims the existence of a question concerning the representation among its employees.

(6) Any employee organization that makes a confidential showing to the commission of credible evidence demonstrating that it has the support of at least ten percent of the employees in the bargaining unit involved may intervene in the proceedings under this section, and may have its name listed as a choice on the ballot in an election conducted by the commission.

(7) The commission shall determine any question concerning representation by conducting a secret ballot election among the employees in the bargaining unit, except:

(a) If only one employee organization is seeking certification as exclusive bargaining representative of a bargaining unit for which there is no incumbent exclusive bargaining representative, the commission may, upon the concurrence of the employer and the employee organization, determine the question concerning representation by conducting a cross-check comparing the employee organization's membership records or bargaining authorization cards against the employment records of the employer; or

(b) Where the commission determines that a serious unfair labor practice has been committed that interfered with the election process and precludes the holding of a fair election, the commission may determine the question concerning representation by conducting a cross-check comparing the employee organization's membership records or bargaining authorization cards against the employment records of the employer.

(8) The representation election ballot shall contain a choice for each employee organization qualifying under subsection (4) or (6) of this section, together with a choice for no representation. The representation election shall be determined by the majority of the valid ballots cast. Where there are three or more choices on the ballot and none of the choices receives a majority of the valid ballots cast, a runoff election shall be conducted between the two choices receiving the highest and second highest numbers of votes.

NEW SECTION. Sec. 210. BARGAINING UNITS. The legislature finds that to foster meaningful collective bargaining, units must be structured to avoid excessive fragmentation whenever possible. In accordance with this policy, collective bargaining units under this chapter shall be structured on a state-wide basis and limited to one collective bargaining unit for each of the following:

(1) Clerical, office, and administrative support including but not limited to clerical and administrative nonprofessional classes: Typists, secretaries, accounting clerks, computer operators, office service personnel, and similar classes;

(2) Maintenance, trades, and technical classes including but not limited to generally recognized blue collar and technical classes, including highway maintenance workers, carpenters, plumbers, electricians, auto mechanics, engineering aides and associates, liquor store clerks, and similar classes;

(3) Health and human care professionals, including but not limited to community health, nutrition and health service professional employees, nurses, doctors, psychologists, pharmacists, dietitians, licensed therapists, and similar classes;

(4) Health and human care nonprofessional including but not limited to institutional care classes, including nursing aides, psychiatric aides, therapy aides, and similar classes;

(5) Corrections custody classes in adult corrections institutions, excluding employees of the division of community corrections;

(6) Engineering, science and resources, including but not limited to specialized professional scientific occupations, civil and other engineers, architects, chemists, biologists, geologists, surveyors, and similar classes;

(7) Professional employees not already included in a specific unit, including but not limited to employees with general business responsibilities such as accountants, buyers, computer programmers and technicians, teachers and trainers, other than teachers in the K-12 or higher education systems, research analysts, and similar classes;

(8) Regulatory, inspection, examining and licensing, including but not limited to employees empowered to review certain public and business activities such as driver licensing personnel, revenue agents, bank and insurance examiners, various public health and protection inspectors, and similar classes;

(9) Law enforcement, including all classes with power to arrest, whose work involves primarily the enforcement of statutes, ordinances, and rules and the preservation of public order; and

(10) Supervisory employees, however an employee organization that is certified to represent nonsupervisory employees covered under this chapter that becomes the certified bargaining agent for this unit shall create a separate local for supervisory employees within its organization.

NEW SECTION. Sec. 211. UNION SECURITY. (1) The parties to a collective bargaining agreement may negotiate, as a condition of employment, a union security provision. However, agreements involving union security provisions shall safeguard the right of nonassociation based on employee preference or on bona fide religious tenets or teachings of a church or religious body of which the public employee is a member. Payment of dues or a representation fee shall begin on the thirtieth day following the beginning of employment or thirty days after the date of ratification of an agreement containing a union security provision, whichever is later. The failure of an employee to comply with such a condition of employment constitutes cause for dismissal. An exclusive bargaining representative may not require a bargaining unit employee to pay initiation, reinstatement, or any other fees or fines.

(2) Each employee organization shall establish a procedure by which any employee so requesting may obtain a rebate of that part of the membership dues or representation fee, if any, that represents a pro rata share of expenditures for purposes not germane to the collective bargaining process or to contract administration.

(3) Upon filing with the employer the written authorization of a bargaining unit employee under this chapter, the employee organization that is the exclusive bargaining representative of the bargaining unit has the right to have deducted from the salary of the employee an amount equal to the dues and/or fees uniformly required as a condition of acquiring or retaining membership in the employee organization. The dues and/or fees shall be deducted each pay period from the pay of all employees who have given authorization for the deduction and shall be transmitted by the employer as provided for by agreement between the employer and the employee organization. The right to deduct dues and/or fees shall be an exclusive right of the employee organization that represents the unit in which the employee is employed.

(4) To safeguard the right of nonassociation of employees, based on bona fide religious tenets or teachings of a church or religious body of which the employee is a member, the employee shall pay to a charitable organization mutually agreed to between the employee and the employee organization, an amount of money not greater than the dues and/or fees assessed all other members or nonmembers of the organization. The employee shall be required to provide the employee organization with a monthly receipt from the charitable organization showing the amount of the cash contribution. Such an employee shall not be a member of the employee organization but is entitled to all the representation rights of a member of the employee organization. Disputes regarding the bona fide religious objections or charitable contributions shall be decided by the commission.

(5) Until an exclusive representative is selected for a bargaining unit under this chapter or July 1, 1995, whichever is earlier, employee organizations that, before the effective date of this section, were entitled to the union shop dues or representation fees pursuant to preexisting law or rules shall continue to be entitled to such dues and fees until an exclusive representative is certified under this chapter. Upon the selection of an exclusive representative, only the exclusive representative for the bargaining unit is entitled to the rights established under this section.

NEW SECTION. Sec. 212. TRANSITION OF BARGAINING REPRESENTATIVES AND UNITS. The transition of exclusive bargaining representatives and bargaining units existing before the effective date of this section to the units prescribed in section 210 of this act and to exclusive bargaining representatives under this chapter shall be implemented as follows:

(1) Any bargaining representative that has been certified under prior law and rules to represent employees now included in a unit established in section 210 of this act may use the number of its regular dues paying members included in the new unit to establish its status as a petitioner or intervenor under section 210 of this act if:

(a) One and only one employee organization has a majority of the employees in the unit who are regular dues paying members, then the employee organization shall be entitled to a certification as the exclusive bargaining representative by the commission for the new bargaining unit without the necessity of a representation election;

(b) Two or more employee organizations have more than a majority of the employees in the unit established in section 210 of this act as regular dues paying members, then an election shall be held under the provisions of section 209 of this act to determine which such employee organization shall be entitled to a certification as the exclusive bargaining representative by the commission for the new bargaining unit;

(c) On the effective date of this section, less than a majority of the employees to be included in a bargaining unit prescribed in section 210 of this act are represented by a single existing certified bargaining representative as evidenced by the number of employees paying regular dues to the organization, representation of employees in the new bargaining unit shall be determined pursuant to section 209 of this act.

(2) An employee organization that has been the certified exclusive bargaining representative of employees under any other law or rule before the effective date of this section may continue to represent such employees until they are included in a unit established under section 210 of this act. However, agencies may not renegotiate any existing agreement, enter into a new collective bargaining agreement, or extend an existing agreement beyond the expiration date in effect on the effective date of this section. No provision in any such agreement may be unilaterally changed by the employer before its next expiration date, or the date of certification of the new exclusive bargaining representative under this chapter, whichever occurs first, without the employer giving ninety days' advance notice to the certified exclusive bargaining representative and, if requested, bargaining with the representative over the proposed changes under the provisions of this chapter.

(3) An employee organization may not be initially certified as an exclusive bargaining agent in any bargaining unit established by this chapter if a dispute exists over the classification to be included in the unit that could affect the determination of its status as the representative of a majority of the employees included in the unit including the employees in disputed classifications.

NEW SECTION. Sec. 213. NEGOTIATION AND RATIFICATION OF COLLECTIVE BARGAINING AGREEMENTS. (1) Collective bargaining agreement negotiations under this chapter shall commence no later than October 1, 1994, for collective bargaining agreements that are to become effective no earlier than July 1, 1995, for those units in which an exclusive representative has been selected, or as soon thereafter as an exclusive representative has been selected for a bargaining unit. For subsequent agreements, negotiations shall commence and contracts become effective as the parties agree.

(2) After ratification of a tentative agreement by the employees in the bargaining unit, the governor or the governor's designee shall prepare legislation necessary to implement the agreement. If the legislature rejects any part of the legislation submitted, the tentative agreement shall be returned to the parties for renegotiation.

(3) Any provisions of these agreements pertaining to salary increases shall not be binding upon future actions of the legislature. If any provision of a salary increase is changed by subsequent modification of the appropriations act by the legislature, both parties shall immediately enter into collective bargaining for the sole purpose of arriving at a mutually agreed upon replacement for the modified provision.

NEW SECTION. Sec. 214. STRIKES. (1) Employees covered by this chapter who are eligible for collective bargaining may strike under the following circumstances:

(a) The collective bargaining agreement between their exclusive representative and their employer has expired or, if there is no agreement between their exclusive representative and their employer, an impasse has occurred; and

(b) The exclusive representative and the employer have participated in mediation for a reasonable time and the executive director certifies that the parties remain at impasse over certain issues identified by each of the parties; or

(2) In addition to the other requirements of this section, an employee may not strike unless written certified notification of intent to strike and a statement delineating the affected employee organization's last position on each issue in dispute and the reasons for its intent to strike is served on the employer and the executive director by the exclusive representative at least ten days before the commencement of the strike. Notification of intent to strike under this subsection may not be served until the collective bargaining agreement has expired, or if there is no agreement, on or after the date the commission certifies that the parties remain at impasse after mediation and, if requested by the employer, after a majority of the employees in a collective bargaining unit vote by secret ballot to (a) reject the employer's last offer at the close of mediation and (b) affirmatively authorize a strike.

(3) The employer may apply to the superior court in Thurston county for an order enjoining any strike. A strike may be enjoined if it can be shown that it has begun to or will likely threaten the health, safety, or welfare of the public or is a violation of this chapter.

NEW SECTION. Sec. 215. UNFAIR LABOR PRACTICES. (1) It shall be an unfair labor practice for an employer to:

(a) Interfere with, restrain, or coerce employees in the exercise of their rights guaranteed by this chapter;

(b) Control, dominate, or interfere with the formation or administration of any employee organization or contribute financial or other support to it. However, an employer shall not be prohibited from permitting employees to confer with it or its representatives or agents during working hours without loss of time or pay;

(c) Encourage or discourage membership in any employee organization by discrimination with regard to hiring, tenure of employment, or any term or condition of employment, but this subsection does not prevent an employer from enforcing a union security provision authorized by this chapter;

(d) Discharge or otherwise discriminate against an employee who has filed charges or given testimony under this chapter; or

(e) Refuse to bargain collectively with the exclusive bargaining representative of its employees.

(2) It shall be an unfair labor practice for an employee organization or its agents to:

(a) Restrain or coerce:

(i) Employees in the exercise of the rights guaranteed in this chapter. However, this subsection does not impair the right of an employee organization to prescribe its own rules with respect to the acquisition or retention of membership therein; or

(ii) The employer in the selection of its representatives for the purposes of collective bargaining or the adjustment of grievances;

(b) Cause or attempt to cause the employer to discriminate against an employee in violation of subsection (1)(c) of this section, or to discriminate against an employee with respect to whom membership in such organization has been denied or terminated on some ground other than his or her failure to tender the amounts required under a union security provision authorized by this chapter;

(d) Refuse to bargain collectively with the employer of an employee for whom it is the exclusive bargaining representative;

(e) Cause or attempt to cause the employer to pay or deliver or agree to pay or deliver any money or other thing of value, in the nature of an exaction, for services that are not performed or not to be performed; or

(f) Breach its duty of fair representation with respect to any employee or employees in a bargaining unit for which the employee organization is exclusive bargaining representative, by action or inaction that is arbitrary, discriminatory, perfunctory, or lacking in good faith. It is not a violation of this section for an employee organization to refuse to pursue a grievance on behalf of one or more employees where, following investigation of the facts and circumstances, the employee organization makes a determination in good faith that the grievance is without merit.

(3) The expressing of any views, argument, or opinion, or the dissemination thereof, whether in written, printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under any of the provisions of this chapter, if the expression contains no threat of reprisal or force or promise of benefit.

NEW SECTION. Sec. 216. UNFAIR LABOR PRACTICE PROCEDURES. The commission shall resolve any unfair labor practice dispute in accordance with the procedures specified in this section.

(1) A complaint charging unfair labor practices shall be filed within six months following the act or event in question.

(2) The person or persons named as respondent in a complaint charging unfair labor practices may file an answer to the complaint and appear in person or otherwise to give testimony at the place and time set by the commission for hearing.

(3) If the commission determines that a person has engaged in or is engaging in any unfair labor practice, then the commission shall issue and cause to be served upon the person an order requiring the person to cease and desist from the unfair labor practice and to take such affirmative action as will effectuate the purposes and the policy of this chapter, including the reinstatement of employees with back pay.

(4) The commission may petition the Thurston county superior court for appropriate temporary relief or for the enforcement of its order.

NEW SECTION. Sec. 217. EMPLOYER RESPONSIBILITIES. (1) The governor may designate someone as his or her designee to fulfill the collective bargaining responsibilities as the state employer under this chapter.

(2) As directed by the governor, the designee shall:

(a) Develop and implement labor relations policies and programs;

(b) Represent the governor in: Negotiations with certified bargaining representatives; the determination of classifications to be included in bargaining units; elections to determine certified bargaining agents; and other proceedings arising under this chapter; and any other activities necessary to implement the collective bargaining policies established by this chapter;

(c) Consult with agencies as appropriate concerning agency-unique issues involved in the collective bargaining under this chapter;

(d) Administer and interpret collective bargaining agreements, and coordinate and direct agency activities as necessary to promote consistent policies and practices;

(e) Coordinate the state's resources as needed to represent the state in collective bargaining under this chapter; and

(f) Provide advice on labor relations to the various departments and agencies of state government, including providing for necessary supervisory and managerial training.

(3) All state departments and agencies shall provide such assistance, services, and information as required by the governor or his or her designee, and shall take such administrative or other action as directed to implement and administer the provisions of any binding agreement between the state and certified bargaining representatives entered into under this chapter.

Sec. 218. RCW 41.04.230 and 1993 c 2 s 26 (Initiative Measure No. 134, approved November 3, 1992) and 1992 c 192 s 1 are each reenacted and amended to read as follows:

Any official of the state authorized to disburse funds in payment of salaries and wages of public officers or employees is authorized, upon written request of the officer or employee, to deduct from the salaries or wages of the officers or employees, the amount or amounts of subscription payments, premiums, contributions, or continuation thereof, for payment of the following:

(1) Credit union deductions: PROVIDED, That twenty-five or more employees of a single state agency or a total of one hundred or more state employees of several agencies have authorized such a deduction for payment to the same credit union. An agency may, in its own discretion, establish a minimum participation requirement of fewer than twenty-five employees.

(2) Parking fee deductions: PROVIDED, That payment is made for parking facilities furnished by the agency or by the department of general administration.

(3) U.S. savings bond deductions: PROVIDED, That a person within the particular agency shall be appointed to act as trustee. The trustee will receive all contributions; purchase and deliver all bond certificates; and keep such records and furnish such bond or security as will render full accountability for all bond contributions.

(4) Board, lodging or uniform deductions when such board, lodging and uniforms are furnished by the state, or deductions for academic tuitions or fees or scholarship contributions payable to the employing institution.

(5) ((Dues and other fees deductions: PROVIDED, That the deduction is for payment of membership dues to any professional organization formed primarily for public employees or college and university professors: AND PROVIDED, FURTHER, That twenty-five or more employees of a single state agency, or a total of one hundred or more state employees of several agencies have authorized such a deduction for payment to the same professional organization.

(6) Labor or employee organization dues may be deducted in the event that a payroll deduction is not provided under a collective bargaining agreement under the provisions of RCW 41.06.150: PROVIDED, That twenty-five or more officers or employees of a single agency, or a total of one hundred or more officers or employees of several agencies have authorized such a deduction for payment to the same labor or employee organization: PROVIDED, FURTHER, That labor or employee organizations with five hundred or more members in state government may have payroll deduction for employee benefit programs.

~~(7)~~)) Insurance contributions to the authority for payment of premiums under contracts authorized by the state health care authority.

((~~(8)~~)) (6) Deductions to a bank, savings bank, or savings and loan association if (a) the bank, savings bank, or savings and loan association is authorized to do business in this state; and (b) twenty-five or more employees of a single agency, or fewer, if a lesser number is established by such agency, or a total of one hundred or more state employees of several agencies have authorized a deduction for payment to the same bank, savings bank, or savings and loan association.

Deductions from salaries and wages of public officers and employees other than those enumerated in this section or by other law, may be authorized by the director of financial management for purposes clearly related to state employment or goals and objectives of the agency and for plans authorized by the state health care authority.

The authority to make deductions from the salaries and wages of public officers and employees as provided for in this section shall be in addition to such other authority as may be provided by law: PROVIDED, That the state or any department, division, or separate agency of the state shall not be liable to any insurance carrier or contractor for the failure to make or transmit any such deduction.

NEW SECTION. Sec. 219. Sections 201 through 217 of this act shall constitute a new chapter in Title 41 RCW.

PART III

TRANSFER OF COLLECTIVE BARGAINING AUTHORITY

NEW SECTION. Sec. 301. All powers, duties, and functions of the department of personnel, the personnel board, and the higher education personnel board pertaining to collective bargaining are transferred to the public employment relations commission except that arbitration of grievances filed under a collective bargaining agreement existing before July 1, 1993, shall be transferred to the personnel appeals board unless the parties thereto agree to submit the matter to an independent arbitrator for resolution of the grievance.

NEW SECTION. Sec. 302. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of personnel, the personnel board, and the higher education personnel board pertaining to the powers, functions, and duties transferred in section 301 of this act shall be delivered to the custody of the public employment relations commission. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of personnel in carrying out the powers, functions, and duties transferred in section 301 of this act shall be made available to the public employment relations commission. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred in section 301 of this act shall be assigned to the public employment relations commission.

Any appropriations made to the department of personnel, the personnel board, or the higher education personnel board for carrying out the powers, functions, and duties transferred in section 301 of this act shall, on the effective date of this section, be transferred and credited to the public employment relations commission.

Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

NEW SECTION. Sec. 303. All employees of the department of personnel engaged in performing the powers, functions, and duties transferred in section 301 of this act are transferred to the jurisdiction of the public employment relations commission. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the public employment relations commission without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

NEW SECTION. Sec. 304. All business pending before the department of personnel, the personnel board, and the higher education personnel board pertaining to the powers, functions, and duties transferred in section 301 of this act shall be continued and acted upon by the public employment relations commission under the rules in effect at the time of the transfer. All existing contracts and obligations of the department of personnel, the personnel board, and the higher education personnel board shall remain in full force and shall be performed by the public employment relations commission.

NEW SECTION. Sec. 305. The transfer of the powers, duties, functions, and personnel of the department of personnel, the personnel board, and the higher education personnel board shall not affect the validity of any act performed before the effective date of this section.

NEW SECTION. Sec. 306. If apportionments of budgeted funds are required because of the transfers directed by sections 302 through 305 or 308 of this act, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

NEW SECTION. Sec. 307. All rules adopted by the state personnel board pursuant to chapter 41.06 RCW and all rules adopted by the higher education personnel board that relate to functions transferred to the public employment relations commission or the personnel appeals board pursuant to section 301 of this act shall continue in effect until acted upon by the agency assuming those functions.

NEW SECTION. Sec. 308. All business pending before the department of personnel pertaining to arbitration of grievances filed under a collective bargaining agreement existing before July 1, 1993, shall be continued and acted upon by the personnel appeals board. All existing contracts and obligations under the rules in effect at the time of the transfer shall remain in full force and shall be performed by the personnel appeals board.

PART IV

MISCELLANEOUS

NEW SECTION. Sec. 401. Captions and part headings as used in this act do not constitute any part of the law.

NEW SECTION. Sec. 402. Sections 101 through 217, 301 through 308, 401, and 404 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993.

NEW SECTION. Sec. 403. Section 218 of this act shall take effect July 1, 1995.

NEW SECTION. Sec. 404. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.