SENATE BILL REPORT

SB 6084

BYSenators Rinehart, Lee, Talmadge, Conner, Sutherland and von Reichbauer

Modifying collective bargaining.

Senate Committee on Economic Development & Labor

Senate Hearing Date(s):January 31, 1990

Senate Staff:Patrick Woods (786-7430)

AS OF JANUARY 26, 1990

BACKGROUND:

Under the state's civil service system and the higher education personnel law, classified employees have the right to collectively bargain on grievance procedures and personnel matters over which the agency or institution "lawfully exercise discretion."  Because state civil service and the higher education personnel law provide rules for most major personnel functions (recruitment, hiring, discipline, sick leave, vacations, salary schedules, etc.) collective bargaining for these classified employees is limited.  A typical bargaining agreement may contain:  provision dealing with bargaining unit procedures and union activity rules; management and employee rights; labor management committees; procedures for communicating impacts of changes in civil service rules; provisions supplementing civil service rules, such as vacation, scheduling, or education and training opportunities; and items specific to the work of the bargaining unit such as uniforms and clothing, safety rules and duty stations.

Under the Public Employees Collective Bargaining Act, local government employees have the right to organize and designate their collective bargaining representatives.  The Public Employment Relations Commission (PERC) has general authority to prevent or minimize interruptions arising out of labor disputes by assisting employers and employees to settle through mediation and fact-finding.  The commission may offer services in any labor dispute involving a political subdivision of the state, a municipal corporation, or the community college system whenever the dispute threatens to cause substantial disruption to the public welfare.  PERC has specific statutory authority with respect to labor relations activities in local government, including uniformed personnel, port districts, certified teachers, and community colleges.  In addition, PERC may provide mediation and arbitration services for private sector disputes.

SUMMARY:

Legislative intent is outlined to promote orderly and constructive relationships between the state of Washington and its employees.  A comprehensive system of collective bargaining as provided for local government employees under the Public Employees Collective Bargaining Act is established.  State employees are granted the right to bargain over wages, hours and other terms and conditions of employment.

The Governor is required to submit a funding request to the Legislature to implement a ratified agreement.  The request is required to be made within ten days of an agreement's ratification or if the Legislature is not in session within ten days after it convenes.  The Legislature may approve or reject the agreement within 30 days after which it is deemed approved.

The Public Employees Collective Bargaining Act which is administered by the Public Employment Relation Commission is modified as follows:  the scope of bargaining for state employees may not include recruitment of employment candidates and retirement benefits; the provisions pertaining to local government personnel that provide for binding interest arbitration in cases of labor disputes are also extended to essential state employees.

The authority of the State Personnel Board and the Higher Education Personnel Board is modified to remove authority to establish rules regarding the following issues:  the reduction, dismissal or demotion of employees; employee probationary periods; hours of work, transfers, sick leave and vacation; the termination and certification of bargaining units; agreements between agencies or institutions and bargaining representatives; adoption and revision of salary schedules; employment increment increases; and affirmative action requirements.  The State Personnel Appeals Board is abolished.

The definition of "public employer" under the Public Employees Collective Bargaining Act is modified to include an agency or institution of higher education.  This requires collective bargaining negotiations to be conducted at an individual agency or institution level.  The employees presently represented by a collective bargaining unit retain their rights until a new agreement is negotiated.

The term "essential state employee" is defined as an employee performing essential functions whose interruption would constitute a clear and present danger to the health and safety of the state.

The Washington State Patrol's collective bargaining rights are made consistent with those of other employees under the Public Employees Collective Bargaining Act; they are permitted to bargain over wages and related matters.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested March 6, 1989

Effective Date:The bill contains an emergency clause and takes effect July 1, 1989.