H-1600              _______________________________________________

                                                   HOUSE BILL NO. 1163

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Sayan, Allen, R. King, Unsoeld, Lux and Fisch

Read first time 2/8/85 and referred to Committee on State Government.

AN ACT Relating to public employees; amending RCW 41.06.150, 41.06.155, 41.06.160, 41.06.167, 41.06.170, 41.56.020, 41.56.030, 28B.16.100, 28B.16.116, and 28B.16.120; adding a new section to chapter 41.58 RCW; adding a new chapter to Title 43 RCW; creating new sections; and providing an effective date.

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

NEW SECTION. Sec. 1.     There is created in the office of the governor the office of employee relations.  The executive head of the office of employee relations shall be the director, who shall be appointed by the governor with the consent of the senate, and who shall serve at the pleasure of the governor.  The director shall be paid a salary to be fixed by the governor in accordance with the provisions of RCW 43.03.040.  If a vacancy occurs in his or her position while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate, when the governor shall present to that body his or her nomination for the office.  The director may delegate such powers, duties, and functions to other officers and employees of the department as he or she may deem necessary to the fulfillment of the purposes of this chapter.

NEW SECTION. Sec. 2.     The director shall have the power to employ such personnel as may be necessary for the general administration of the office:  PROVIDED, That, except as elsewhere specified in this chapter, such employment is in accordance with the rules of the state civil service law, chapter 41.06 RCW.

NEW SECTION. Sec. 3.     The director may appoint such deputy directors and assistant directors as shall be needed to administer the office of employee relations.  The officers appointed under this section and exempt from the provisions of the state civil service law by the terms of RCW 41.06.075, shall be paid salaries to be fixed by the governor in accordance with the procedure established by law for the fixing of salaries for officers exempt from the operation of the state civil service law.

NEW SECTION. Sec. 4.     The director shall have the responsibilities set forth in RCW 41.06.150 and shall be authorized to enter into collective bargaining agreements with employee representatives covering wages, hours, and conditions of employment.

        Sec. 5.  Section 4, chapter 53, Laws of 1982 1st ex. sess. as amended by section 5, chapter 75, Laws of 1983 1st ex. sess. and RCW 41.06.150 are each amended to read as follows:

          The ((board)) office of employee relations 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 and reemployment from layoff, 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;

          (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;

          (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 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 official duties;

          (((15))) (12) 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))) (13) Allocation and reallocation of positions within the classification plan;

          (((17))) (14) 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)) collective bargaining;

          (((18))) (15) Increment or merit increases within the series of steps for each pay grade;

          (((19))) (16) 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))) (17) 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.

NEW SECTION. Sec. 6.  A new section is added to chapter 41.58 RCW to read as follows:

          The public employment relations commission shall have responsibility for labor relations matters involving all classified state employees, and classified higher education employees, including bargaining unit determinations, unfair labor practices, certification of employee representatives, union security provisions, and mediation and arbitration.

        Sec. 7.  Section 6, chapter 75, Laws of 1983 1st ex. sess. and RCW 41.06.155 are each amended to read as follows:

          Salary changes necessary to achieve comparable worth shall be implemented during the 1983-85 biennium under a schedule developed by the ((department in cooperation with the higher education personnel board)) office of employee relations, subject to collective bargaining.  Increases in salaries and compensation solely for the purpose of achieving comparable worth shall be made at least annually, subject to collective bargaining.  Comparable worth for the jobs of all employees under this chapter shall be fully achieved not later than June 30, 1993.

        Sec. 8.  Section 16, chapter 1, Laws of 1961 as last amended by section 1, chapter 11, Laws of 1980 and RCW 41.06.160 are each amended to read as follows:

          In preparing classification and salary schedules as set forth in RCW 41.06.150 as now or hereafter amended the ((department of personnel)) office of employee relations shall give full consideration to prevailing rates in other public employment and in private employment in this state.  For this purpose the ((department)) office shall undertake salary and fringe benefit surveys ((to be planned and conducted on a joint basis with the higher education personnel board, with such surveys to be conducted)) at least in the year prior to the convening of each one hundred five day regular session of the state legislature.  The results of  each salary and fringe benefit survey shall be ((forwarded with a recommended state salary schedule to the governor and director of financial management for their)) used in preparing budgets to be submitted to the succeeding legislature.  A copy of the data and supporting documentation shall be furnished by the ((department of personnel)) office to the standing committees for appropriations of the senate and house of representatives.

          The ((department)) office shall furnish the following supplementary data in support of its recommended salary schedule:

          (1) A total dollar figure which reflects the recommended increase or decrease in state salaries as a direct result of the specific salary and fringe benefit survey that has been conducted and which is categorized to indicate what portion of the increase or decrease is represented by salary survey data and what portion is represented by fringe benefit survey data;

          (2) An additional total dollar figure which reflects the impact of recommended increases or decreases to state salaries based on other factors rather than directly on prevailing rate data obtained through the survey process and which is categorized to indicate the sources of the requests for deviation from prevailing rates and the reasons for the changes;

          (3) A list of class codes and titles indicating recommended monthly salary ranges for all state classes under the control of the ((department of personnel)) office with((:

          (a))) those salary ranges which do not substantially conform to the prevailing rates developed from the salary and fringe benefit survey distinctly marked and an explanation of the reason for the deviation included((; and

          (b) Those department of personnel classes which are substantially the same as classes being used by the higher education personnel board clearly marked to show the commonality of the classes between the two jurisdictions));

          (4) A supplemental salary schedule which indicates the additional salary to be paid state employees for hazardous duties or other considerations requiring extra compensation under specific circumstances.  Additional compensation for these circumstances shall not be included in the basic salary schedule but shall be maintained as a separate pay schedule for purposes of full disclosure and visibility; and

          (5) A supplemental salary schedule which indicates those cases where the ((board)) office determines that prevailing rates do not provide similar salaries for positions that require or impose similar responsibilities, judgment, knowledge, skills, and working conditions.  This supplementary salary schedule shall contain proposed salary adjustments necessary to eliminate any such dissimilarities in compensation.  Additional compensation needed to eliminate such salary dissimilarities shall not be included in the basic salary schedule but shall be maintained as a separate salary schedule for purposes of full disclosure and visibility.

          It is the intention of the legislature that requests for funds to support recommendations for salary deviations from the prevailing rate survey data shall be kept to a minimum, and that the requests be fully documented when forwarded by the ((department of personnel)) office.  ((Further, it is the intention of the legislature that the department of personnel and the higher education personnel board jointly determine job classes which are substantially common to both jurisdictions and that basic salaries for these job classes shall be equal based on salary and fringe benefit survey findings.))

          Salary and fringe benefit survey information collected from private employers which identifies a specific employer with the salary and fringe benefit rates which that employer pays to its employees shall not be subject to public disclosure under chapter 42.17 RCW.

        Sec. 9.  Section 5, chapter 152, Laws of 1977 ex. sess. as last amended by section 2, chapter 11, Laws of 1980 and RCW 41.06.167 are each amended to read as follows:

          The ((department of personnel)) office of employee relations shall undertake salary and fringe benefit surveys for officers of the Washington state patrol, with such surveys to be conducted at least in the year prior to the convening of each one hundred five day regular session of the state legislature.  The results of each such survey shall be ((forwarded, after review and concurrence by the chief of the Washington state patrol, to the governor and director of financial management for their use)) used in preparing budgets to be submitted to the succeeding legislature.  A copy of the data and supporting documentation shall be furnished by the ((department of personnel)) office to the legislative budget committee and the standing committees for appropriations of the senate and house of representatives.  The ((office of financial management)) legislative budget committee shall analyze the survey results and conduct investigations which may be necessary to arbitrate differences between interested parties regarding the accuracy of collected survey data and the use of such data for salary adjustment.

          Surveys conducted by the ((department of personnel)) office of employee relations for the Washington state patrol shall be undertaken in a manner consistent with statistically accurate sampling techniques, including comparisons of weighted averages of salaries.  This service ((performed by the department of personnel)) shall be on a reimbursable basis in accordance with the provisions of RCW 41.06.080 as now existing or hereafter amended.

          A comprehensive salary and fringe benefits survey plan shall be submitted jointly by the ((department of personnel)) office and the Washington state patrol to the ((director of financial management, the)) committee on ways and means of the senate, the committee on appropriations of the house of representatives and to the legislative budget committee six months before the beginning of each periodic survey.  The legislative budget committee shall review and evaluate the survey plan before final implementation.

        Sec. 10.  Section 17, chapter 1, Laws of 1961 as last amended by section 19, chapter 311, Laws of 1981 and RCW 41.06.170 are each amended to read as follows:

          (1) The ((board)) office of employee relations, in the promulgation of rules and regulations governing suspensions for cause, shall not authorize an appointing authority to suspend an employee for more than fifteen calendar days as a single penalty or more than thirty calendar days in any one calendar year as an accumulation of several penalties.  The ((board)) office shall require that the appointing authority give written notice to the employee not later than one day after the suspension takes effect, stating the reasons for and the duration thereof.  The authority shall file a copy of the notice with the ((director of personnel)) office.

          (2) Any employee who is reduced, dismissed, suspended, or demoted, after completing his probationary period of service as provided by the rules and regulations of the ((board)) office, or any employee who is adversely affected by a violation of the state civil service law, chapter 41.06 RCW, as now or hereafter amended, or rules promulgated pursuant thereto, shall have the right to appeal to the ((personnel appeals board created by RCW 41.64.010)) public employment relations commission not later than thirty days after the effective date of such action.  The employee shall be furnished with specified charges in writing when a reduction, dismissal, suspension, or demotion action is taken.  Such appeal shall be in writing.

          (3) An employee incumbent in a position at the time of its allocation or reallocation, or the agency utilizing the position, may appeal the allocation or reallocation to the ((personnel appeals board created by RCW 41.64.010)) public employment relations commission.  Notice of such appeal must be filed in writing within thirty days of the action from which appeal is taken.

        Sec. 11.  Section 2, chapter 108, Laws of 1967 ex. sess. as amended by section 98, chapter 3, Laws of 1983 and RCW 41.56.020 are each amended to read as follows:

          This chapter shall apply to all classified employees of the state under the jurisdiction of the office of employee relations under chapter 41.06 RCW, and to any county or municipal corporation, or any political subdivision of the state of Washington except as otherwise provided by RCW ((47.64.031, 47.64.040,)) 54.04.170, 54.04.180, and chapters 41.59 and 53.18 RCW.

        Sec. 12.  Section 3, chapter 108, Laws of 1967 ex. sess. as last amended by section 1, chapter 150, Laws of 1984 and RCW 41.56.030 are each amended to read as follows:

          As used in this chapter:

          (1) "Public employer" means any officer, board, commission, council, or other person or body acting on behalf of any public body governed by this chapter as designated by RCW 41.56.020, or any subdivision of such public body.

          (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.

          (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.

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

          (6) "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 of the second class or larger((, or)); (b) fire fighters as that term is defined in RCW 41.26.030, as now or hereafter amended; (c) uniformed police and fire service employees of institutions of higher education; or (d) security personnel at state correctional institutions.

        Sec. 13.  Section 10, chapter 36, Laws of 1969 ex. sess. as last amended by section 2, chapter 75, Laws of 1983 1st ex. sess. and RCW 28B.16.100 are each amended to read as follows:

          The ((higher education personnel board)) office of employee relations 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 and reemployment from layoff, 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;

          (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;

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

          (((16))) (13) 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)), which shall be subject to collective bargaining.  The schedules and compensation plans 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 college education for the various community colleges;

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

          (((18))) (15) Increment or merit increases within the series of steps for each pay grade; and

          (((19))) (16) 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.

        Sec. 14.  Section 3, chapter 75, Laws of 1983 1st ex. sess. and RCW 28B.16.116 are each amended to read as follows:

          Salary changes necessary to achieve comparable worth shall be implemented during the 1983-85 biennium under a schedule developed by the ((board in cooperation with the department of personnel)) office of employee relations, subject to collective bargaining.  Adjustments in salaries and compensation solely for the purpose of achieving comparable worth shall be made at least annually, subject to collective bargaining.  Comparable worth for the jobs of all employees under this chapter shall be fully achieved not later than June 30, 1993.

        Sec. 15.  Section 12, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.120 are each amended to read as follows:

          (1) The ((board)) office of employee relations, in the promulgation of rules and regulations governing suspensions for cause, shall not authorize an institution of higher education or related board to suspend an employee for more than fifteen calendar days as a single penalty or more than thirty calendar days in any one calendar year as an accumulation of several penalties.  The ((board)) office shall require that the institution of higher education or related board give written notice to the employee not later than one day after the suspension takes effect, stating the reason for and the duration thereof.  The institution or related board shall file a copy of the notice with the ((personnel)) director of the office.

          (2) Any employee who is reduced, dismissed, suspended, or demoted, after completing his probationary period of service as provided by the rules and regulations of the ((board)) office, shall have the right to appeal to the ((board)) public employment relations commission not later than thirty days after the effective date of such action.  The employee shall be furnished with specified charges in writing when the action is taken.  Such appeal shall be in writing and shall be heard by the ((board)) public employment relations commission or its hearing officer duly appointed by the ((board)) public employment relations commission within thirty days after notice of appeal is filed.  The ((board)) public employment relations commission shall furnish the institution or related board concerned with a copy of the appeal in advance of the hearing.

          (3) Any employee who feels that any classification should or should not be exempt, or any employee in a nonexempt classification who feels that he should be exempt because of academic qualifications which would enable such employee to teach and thus be exempt, may appeal to the ((board)) public employment relations commission in the same manner as provided in subsection (2) above:  PROVIDED, That when an appeal is initiated under this subsection the decision of the ((higher education personnel board)) public employment relations commission shall be final.

NEW SECTION. Sec. 16.    All collective bargaining agreements entered into under this act shall be forwarded to the legislative budget committee for review.  Any state compensation plans or benefits covering nonbargaining unit employees shall also be forwarded to the legislative budget committee.

NEW SECTION. Sec. 17.    The state employment labor relations service fund is hereby established in the custody of the state treasurer.  The fund is subject to the allotment procedure under chapter 43.88 RCW but no appropriation is required for disbursements.

          The office of financial management shall require contributions from each state agency or institution employer.  Such contributions shall be paid from the funds designated in RCW 28B.16.200 and 41.06.280, and shall be charged against such allotments on dates and in amounts determined by the director of financial management to reasonably compensate the public employment relations commission for state employee labor relations activities.

          The public employment relations commission shall use the money in the fund to pay for salaries, wages, and operations necessary to administer state employee labor relations under chapter 41.56 RCW.

NEW SECTION. Sec. 18.    (1) The state personnel board, the personnel appeals board, and the department of personnel are hereby abolished.  All powers, duties, and functions of these agencies, except those pertaining to labor relations and the hearing of appeals, are transferred to the office of employee relations.  The functions of the abolished agencies relating to labor relations and the hearing of appeals shall be transferred to the public employment relations commission.

          (2) The higher education personnel board is hereby abolished.  All powers, duties and functions of this agency, except those pertaining to labor relations and the hearing of appeals, are transferred to the office of employee relations.  The functions of the board relating to labor relations and the hearing of appeals shall be transferred to the public employment relations commission.

          (3) All references to the abolished agencies in the Revised Code of Washington shall be construed to mean the agency to which the functions were transferred in this section, referred to in sections 18 through 21 of this act as the "receiving agency".

NEW SECTION. Sec. 19.    All reports, documents, surveys, books, records, files, papers, or written material in the possession of the agencies abolished in section 18 of this act and pertaining to the powers, functions, and duties transferred by section 18 of this act shall be delivered to the custody of the receiving agency.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the abolished agencies in carrying out the powers, functions, and duties transferred by section 18 of this act shall be made available to the receiving agency.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred by section 18 of this act shall be assigned to the receiving agency.

          Any appropriations made to the abolished agencies for carrying out the powers, functions, and duties transferred by section 18 of this act shall, on the effective date of this act, be transferred and credited to the receiving agency.

          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. 20.    All classified employees of the abolished agencies engaged in performing the powers, functions, and duties transferred by section 18 of this act are transferred to the jurisdiction of the receiving agency.  All employees classified under chapter 28B.16 or 41.06 RCW  are assigned to the abolished agencies to perform their usual duties upon the same terms as formerly, 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. 21.    All rules and all pending business before the abolished agencies pertaining to the powers, functions, and duties transferred by section 18 of this act shall be continued and acted upon by the receiving agency.  All existing contracts and obligations shall remain in full force and shall be performed by the receiving agency.

NEW SECTION. Sec. 22.    The transfer of the powers, duties, functions, and personnel of the abolished agencies shall not affect the validity of any act performed by such employee prior to the effective date of this act.

NEW SECTION. Sec. 23.    If apportionments of budgeted funds are required because of the transfers directed by sections 19 through 22 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. 24.    Nothing contained in sections 18 through 23 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired, without the express consent of the public employer and bargaining representative, except that existing agreements may be opened for negotiations on wages, hours of work, benefits, and working conditions which are made subject to collective bargaining under this act.

NEW SECTION. Sec. 25.    Sections 1 through 4 of this act shall constitute a new chapter in Title 43 RCW.

NEW SECTION. Sec. 26.    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.

NEW SECTION. Sec. 27.    This act shall take effect January 1, 1986.