HOUSE BILL REPORT

 

 

                                   EHB 1309

 

 

BYRepresentatives Lux and Wang

 

 

Authorizing collective bargaining for district and municipal court employees.

 

 

House Committe on Commerce & Labor

 

Majority Report:  Do pass with amendment.  (7)

      Signed by Representatives Wang, Chair; Cole, Vice Chair; Fisher, Jones, R. King, O'Brien and Sayan.

 

Minority Report:  Do not pass.  (2)

      Signed by Representatives Patrick and Walker.

 

      House Staff:Chris Cordes (786-7117)

 

 

                       AS PASSED HOUSE FEBRUARY 11, 1988

 

BACKGROUND:

 

The Public Employees Collective Bargaining Act covers all municipal and county employees, with specified exceptions.  In 1975, the Washington State Supreme Court decided that certain employees of the superior courts who are paid by the county are only covered under the collective bargaining act with respect to bargaining over wages.  The court determined that the judicial branch was the employer for purposes of hiring, firing and working conditions.

 

In a 1986 decision, the Public Employment Relations Commission applied the court's reasoning to district court employees.  Relying on the court's pronouncements that the operation of the courts is a matter of state concern rather than local concern, the commission held that district court employees are "state employees" for personnel matters other than wages. Therefore, these employees are entitled to collectively bargain with the county employer only over wages and wage-related matters.  The commission did not find a requirement for district court judges to collectively bargain over other personnel matters.

 

The legislature passed SHB 226 in 1987, making agreements executed under the collective bargaining laws applicable to all executive heads, including judges, of bargaining units.  The Governor vetoed the bill.

 

SUMMARY:

 

The public employee collective bargaining laws are made applicable to district and municipal courts.  The public employer of the district and municipal court employees with respect to collective bargaining over wage-related matters is the county or municipal legislative authority.  The public employer with respect to nonwage-related matters is the judge or judge's designee. An employee exemption is created for personal assistants of judges or court commissioners, which allows no more than one assistant for each judge or commissioner to be excluded from a bargaining unit.

 

Fiscal Note:      Requested January 18, 1988.

 

House Committee ‑ Testified For:    Sam Kinville, Washington State Council of County and City Employees; and Mike Ryherd, Joint Council of Teamsters.

 

House Committee - Testified Against:      Gary Lowe, Washington State Association of Counties;  Kathleen Collins, Association of Washington Cities.

 

House Committee - Testimony For:    The bill provides for full collective bargaining for court employees within the framework of the state supreme court's decision determining the obligations of the local government and judicial employer.

 

House Committee - Testimony Against:      Because the bill bifurcates collective bargaining for court employees, it will create a confusing, difficult collective bargaining system.