Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
Commerce & Labor Committee |
HB 1245
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
Brief Description: Addressing the termination date of collective bargaining agreements.
Sponsors: Representatives Ericks, Wood, Moeller, Springer, Liias and Williams.
Brief Summary of Bill |
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Hearing Date: 1/27/09
Staff: Jill Reinmuth (786-7134)
Background:
Under the Public Employees' Collective Bargaining Act, local government and certain other public employees have the right to organize and designate collective bargaining representatives. Public employers and employee bargaining representatives are required to bargain in good faith, but parties are not required to agree to a proposal or make a concession. If parties are unable to arrive at an agreement, an impasse is reached.
After the termination of a collective bargaining agreement, an employer may not unilaterally implement the terms of the employer's last offer at the bargaining table. Instead, the terms and conditions of the collective bargaining agreement remain in effect until the effective date of a subsequent agreement, but not for more than one year. After one year, the employer may unilaterally implement.
This provision does not apply to: (1) provisions of a collective bargaining agreement that the parties agree to exclude from coverage; (2) provisions in an agreement that have separate and specific termination dates; and (3) collective bargaining for uniformed personnel, port district employees, and public utility district employees.
Summary of Bill:
The provision on unilateral implementation is modified. After one year, if an unfair labor practice complaint is pending before the Public Employment Relations Commission, the employer may not unilaterally implement. Instead, the terms and conditions of the collective bargaining agreement remain in effect until the Commission issues a ruling.
Rules Authority: The bill does not address the rule-making powers of an agency.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.