HOUSE BILL REPORT

HB 1020

As Amended by the Senate

BYRepresentatives Vekich, Winsley, Patrick, Sayan, Prentice, Rector, Dellwo, Basich, Spanel and P. King 

Authorizing collective bargaining for district and municipal court employees.

House Committe on Commerce & Labor

Majority Report:  Do pass.  (10)

      Signed by Representatives Vekich, Chair; Cole, Vice Chair; Patrick, Ranking Republican Member; Jones, R. King, Leonard, O'Brien, Prentice, Walker and Wolfe.

Minority Report:  Do not pass.  (1)

      Signed by Representative C. Smith.

House Staff:Chris Cordes (786-7117)

AS PASSED HOUSE FEBRUARY 1, 1989

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.  Each judge or court commissioner may exclude no more than one personal assistant from a bargaining unit.

EFFECT OF SENATE AMENDMENTS:  The amendment deletes all references to municipal court employees, making the collective bargaining provisions apply only to district court employees.

Fiscal Note:      Requested January 6, 1989.

House Committee ‑ Testified For:    Sam Kinville, Washington State Council of County and City Employees.

House Committee - Testified Against:      Kathleen Collins, Association of Washington Cities.

House Committee - Testimony For:    District and municipal court employees deserve the same collective bargaining rights that other county and city employees have.  Although the legal system has not addressed collective bargaining issues for municipal employees, the bifurcated bargaining system that is now applied to district court employees may also be applied to city employees in the future.  By including municipal court employees in the bill, their collective bargaining rights will be protected.

House Committee - Testimony Against:      There is no need to include municipal employees in the bill. The municipal court system is structured differently than the district court system and the current collective bargaining system is working.

VOTE ON FINAL PASSAGE:

      Yeas 61; Nays 26; Absent 7; Excused 4

Voting Nay: Representatives Ballard, Beck, Betrozoff, Brooks, Brough, Brumsickle, Chandler, Doty, Ferguson, Fuhrman, Hankins, Horn, May, McLean, Moyer, Nealey, Padden, Prince, Schoon, Smith, Sommers D., Van Luven, Wilson S., Wolfe, Wood and Youngsman

Absent:     Representatives Appelwick, Bristow, Morris, Schmidt, Wang, Wilson K. and Wineberry

Excused:    Representatives Fraser, O'Brien, Silver and Todd