HOUSE BILL REPORT

SHB 2337

BYHouse Committee on Commerce & Labor (originally sponsored by Representatives Cole, Walker, Vekich, Prentice, Ferguson, P. King, Rector and Winsley)

Permitting private collective bargaining sessions by public bodies.

House Committe on Commerce & Labor

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (11)

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

House Staff:Chris Cordes (786-7117)

AS PASSED HOUSE FEBRUARY 6, 1990

BACKGROUND:

The state Open Public Meetings Act requires most meetings of state and local governments to be open to the public.  The act does not apply to meetings in which the governing body is planning its position or reviewing proposals with respect to collective bargaining, grievance, or mediation proceedings.

In 1989, the Washington state court of appeals decided Mason County v. Public Employment Relations Commission, 54 Wn. App. 36 (1989).  In Mason County, two of the three county commissioners participated in collective bargaining negotiating sessions.  The court held that the exemption under the Open Public Meetings Act for collective bargaining sessions was limited and that the act required the collective bargaining sessions to be conducted in open public meetings.

SUMMARY:

The Open Public Meetings Act does not apply to collective bargaining sessions with employee organizations, including contract negotiations, grievance meetings, and discussions relating to the interpretation or application of a labor agreement.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Mike Ryherd, Joint Council of Teamsters; and Kathleen Collins, Association of Washington Cities.

House Committee - Testified Against:      Paul Conrad, Allied Daily Newspapers; and Becky Bogard, Washington State Association of Broadcasters.

House Committee - Testimony For:    Because of a recent court decision applying the Open Public Meetings Act to public sector collective bargaining, it is unclear whether collective bargaining sessions in which public officials participate are meetings that must be open to the public.  A clear distinction should be made between negotiating sessions and ratification of the final negotiated settlement.  While ratification should be done in public, the negotiating sessions should be private.

House Committee - Testimony Against:      The Open Public Meetings Act has always been understood to require an open meeting when a majority of the public body participates and when the contract is ratified.  Any other time, the negotiating sessions may be closed.  In 1971, the Legislature rejected an amendment that would have exempted collective bargaining sessions. There is no need to change the law.