SENATE BILL REPORT
SSB 5263
BYSenate Committee on Economic Development & Labor (originally sponsored by Senators Warnke, West, McMullen, Bender, Pullen, Bauer, Smitherman and Metcalf)
Providing for arbitration for unilaterally implemented proposals.
Senate Committee on Economic Development & Labor
Senate Hearing Date(s):February 6, 1989; February 24, 1989
Majority Report: That Substitute Senate Bill No. 5263 be substituted therefor, and the substitute bill do pass.
Signed by Senators Lee, Chairman; Anderson, Vice Chairman; McDonald, McMullen, Murray, Saling, Smitherman, Warnke, West.
Senate Staff:Jonathan Seib (786-7427)
March 8, 1989
AS PASSED SENATE, MARCH 3, 1989
BACKGROUND:
Public employers may unilaterally implement their last offer when an existing agreement has expired and impasse has been reached in the collective bargaining process. In 1983, an employer unilaterally implemented its last offer, which contained a grievance procedure leading to binding arbitration. When an employee subsequently filed a grievance under the implemented offer, the employer argued that the arbitration provisions of its offer were not valid. An arbitrator agreed, ruling that the employer could not unilaterally impose the offer's grievance and arbitration language. The employee's complaint was thus not heard in arbitration proceedings.
SUMMARY:
The Public Employees Collective Bargaining Act is amended. If a public employer implements its last and best offer where there is no contract settlement, allegations that either party is violating the terms of the implemented offer shall be subject to grievance arbitration procedures if and as such procedures are set forth in the implemented offer. If not in the implemented offer, if and as such procedures are set forth in the parties' last contract.
Appropriation: none
Revenue: none
Fiscal Note: available
Senate Committee - Testified: PRO: David Westberg, Operating Engineers; Gail Toraason, Washington State Nurses Association, Sam Kinville, WACCE; Kathleen Collins