Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS
Labor & Workplace Standards Committee
HB 1806
Brief Description: Extending collective bargaining rights to employees of the legislative branch of state government.
Sponsors: Representatives Riccelli, Walen, Sells, Berry, Ryu, Fitzgibbon, Shewmake, Paul, Leavitt, Senn, Morgan, Bateman, Berg, Bronoske, Callan, Davis, Duerr, Fey, Goodman, Gregerson, Macri, Orwall, Peterson, Ramel, Ramos, Rule, Dolan, Simmons, Chopp, Bergquist, Tharinger, Valdez, Wicks, Pollet, Stonier, Ormsby, Harris-Talley, Hackney, Kloba and Frame.
Brief Summary of Bill
  • Authorizes collective bargaining for legislative branch employees.
Hearing Date: 1/25/22
Staff: Trudes Tango (786-7384).
Background:

Generally, the Personnel System Reform Act (PSRA) provides collective bargaining for employees of state agencies who are covered by the civil service laws.  Legislators and employees of the legislative branch are exempt from the state civil service laws, and therefore, the PSRA does not apply to them. 
 
Matters subject to collective bargaining under the PSRA include wages, hours, and other terms and conditions of employment and the negotiation of any question arising under a collective bargaining agreement.  The employer is not required to bargain over matters related to retirement benefits, healthcare benefits, or other employee insurance benefits.  Bargaining over the rights of management is not allowed. 
 
For purposes of negotiations, state agencies are represented by the Governor.  Collective bargaining agreements must be submitted to the Office of Financial Management by October 1, and to the Legislature as part of the Governor's budget proposal.  The Legislature must accept or reject the request for funds necessary to implement the agreements as a whole.
 
The Public Employment Relations Commission (PERC) determines appropriate bargaining units and certifies exclusive bargaining representatives. 
Summary of Bill:

The Personnel System Reform Act (PSRA) applies to all employees of the legislative branch, including employees of the:  (1) Joint Legislative Audit and Review Committee (JLARC); (2) Statute Law Committee; (3) Legislative Ethics Board (LEB); (4) Legislative Evaluation and Accountability Program (LEAP) Committee; (5) Office of the State Actuary (OSA); (6) Legislative Service Center (LSC); (7) Office of the Legislative Support Services (LSS); (8) Joint Transportation Committee (JTC); and (9) Redistricting Committee (RDC).
 
The PSRA does not apply to:  (1) elected members; (2) the Chief Clerk, Deputy Chief Clerk, Secretary of the Senate, and Deputy Secretary of the Senate; (3) Directors and Assistant Directors of legislative staff workgroups and administrators and directors of committees, boards, and commissions; (4) Chiefs of Staff and Counsel for the House of Representatives and the Senate; (5) legislative employees who are supervisors, including committee coordinators; and (6) employees hired on a temporary or seasonal basis, except for those hired as legislative and committee assistants and session aids.
 
The matters subject to collective bargaining include wages, hours, and other terms and conditions of employment and the negotiation of any question arising under a collective bargaining agreement.  The employer is not required to bargain over matters related to retirement benefits, healthcare benefits, or other employee insurance benefits.  Bargaining over matters related to management rights is not allowed. 

 

For purposes of negotiations with legislative employees, the Secretary of the Senate, Chief Clerk of the House, Senate Facilities and Operations Committee, House Executive Rules Committee, and other legislative branch offices, must coordinate with each other to:

  • select a negotiator or negotiators to negotiate on their behalf;
  • create a streamlined process for approving negotiated agreements; and
  • create procedures for timely submitting requests for funding if appropriations are necessary to implement provisions of a collective bargaining agreement.

 

Negotiations must commence no later than July 1 of each even-numbered year.  The duration of a collective bargaining agreement may not exceed one fiscal biennium, except any agreement entered before October 1, 2023, must not exceed the 2023-25 biennium.
Appropriation: None.
Fiscal Note: Requested on January 19, 2022.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.