1329-S AMS ROCK BUCK 368
SHB 1329 - S AMD TO WM COMM AMD (S-2924.1/09) 357
By Senators Rockefeller and Zarelli
ADOPTED 4/13/2009
Beginning on page 1, line 5
of the amendment, after "persist" strike all material through
"centers" on page 2, line 17 and insert ". The legislature
intends to address these problems by creating the possibility for a new
relationship between child care center directors and workers and the state.
Child care center directors and workers are to be given the opportunity to work
collectively to improve standards in their profession and to expand
opportunities for educational advancement to ensure continuous quality improvement
in the delivery of early learning services. Family child care providers in the
state have recently been given a similar opportunity, and the results of their
efforts have improved standards and quality for that segment of the child care
industry.
The legislature intends to create a new type of collective bargaining for
these directors and workers whereby they can come together and bargain with the
state over matters within the state's purview to improve the quality of child
care for the state's families. Unlike traditional collective bargaining, this
new approach will afford these directors and workers the opportunity to bargain
with the state only over the state's support for child care centers, a matter
of common concern to both directors and workers. Specific terms and conditions
of employment at individual centers, which are the subjects of traditional
collective bargaining between employers and their employees, fall outside the
limited scope of bargaining defined by this act. Accordingly, traditional
policy concerns over supervisors and employees being organized into a common
bargaining unit are inapplicable. Sharing a community of interest in the
subjects of bargaining enables directors and workers to work side by side in
the same bargaining unit for common goals.
This new approach to collective bargaining is available only to center
directors and workers who file a notice of intent to participate in the initial
opt in phase under section 4 of this act. This new bargaining relationship does
not intrude in any manner upon those relationships governed by the national
labor relations act (29 U.S.C. Sec. 151 et seq.). Child care center directors
and workers do not forfeit their rights under the national labor relations act
by becoming members of an organization that represents them in their dealings
with the state. Under the national labor relations act, an organization that
represents child care center directors and workers in bargaining with the state
under this act is precluded from representing workers seeking to engage in
traditional collective bargaining with their employer over specific terms and
conditions of employment at individual child care centers."
On page 2, line 24 of the amendment, after "workers" insert "who choose to opt in under section 4 of this act"
On page 3, line 4 of the amendment, after "(ii)" strike all material through "units" on line 12 and insert "A statewide unit for child care center directors and workers"
On page 3, beginning on line 26 of the
amendment, after "election" strike all material through "(d)"
on line 34 and insert "under this act may not occur before the opt in
period has concluded on November 1, 2010.
(c)"
Reletter the remaining subsections consecutively and correct any internal references accordingly.
On page 4, line 10 of the amendment, after "section" insert "for child care center directors and workers"
On page 4, line 18 of the amendment, after "programs;" insert "and"
On page 4, beginning on line 18 of the amendment, after "(III)" strike all material through "(IV)" on line 19
On page 4, beginning on line 29 of the amendment, after "providers" strike all material through "workers" on line 30
On page 4, line 33 of the amendment,
after "year;" strike "and" and insert "((and))"
On page 4, line 34 of the amendment,
after "(ii)" insert "With respect to commencement of
negotiations between the governor and the exclusive bargaining representative
or representatives of child care center directors and workers under (a) of this
subsection, negotiations may not commence before July 1, 2011, and thereafter
must commence by February 1st of any even-numbered year; and
(iii)"
On page 6, line 27 of the amendment, after "request" strike "may not be submitted before July" and insert "must be submitted by October"
On page 10, beginning on line 19 of the
amendment, after "(15)" strike all material through "act."
on line 23 and insert "(a) "Child care center" means a child
care center licensed by the state under RCW 43.215.500 through 43.215.545 that
has at least one child care slot filled by a child for whom it receives a child
care subsidy.
(b) "Child care center" does not include a child care center:
(i) Operated directly by another unit of government or a tribe;
(ii) Operated by an individual, partnership, profit or nonprofit
corporation, or other entity that operates ten or more child care centers
statewide; or
(iii) Operated by a local nonprofit organization whose primary mission
is to provide social services, including serving children and families, and
that pays membership dues or assessments to either: (A) A national
organization, exempt from income tax under section 501(c)(3) of the internal
revenue code, with more than three million dollars in membership dues and
assessments annually, as reported to the internal revenue service; or (B) a
regional council that is affiliated with a national organization, exempt from
income tax under section 501(c)(3) of the internal revenue code, with more than
two hundred affiliates."
On page 10, beginning on line 26 of the
amendment, strike all material through "act." on line 31 and insert
"(1) A child care center may participate in collective bargaining under
this act if the child care center owner or director if there is no owner files
a notice of intent to opt in with the commission. The notice of intent must:
Include the names and addresses of that child care center's owners, directors,
and workers; include written authorization cards signed by a majority of
owners, directors, and workers employed at the center indicating their desire
to opt in; and be filed after June 30, 2010, and before November 2, 2010.
(2) A child care center that does not file a notice of intent with the
commission may not be included in a bargaining unit under this act.
(3) The commission must, upon request, provide to a labor organization
seeking to organize child care center directors and workers, a list, including
names and addresses, of the child care center owners, directors, and workers
provided in notices of intent submitted under subsection (1) of this
section."
Beginning on page 11, line 23 of the amendment, after
"(3)" strike all material through "organization;" on
page 12, line 3 and insert "In lieu of the deductions authorized under
subsections (1) and (2) of this section, and the union security provisions
authorized under RCW 41.56.122, the state shall deduct from the monthly amount
of the child care subsidy due to a child care center a monthly representation
fee, as certified by the secretary of the exclusive bargaining representative,
for the costs of representation of child care center directors and workers, and
transmit the representation fee to the secretary of the exclusive bargaining
representative. However:
(a) Any agreement to pay a representation fee must safeguard the child
care center owner's or director's rights of nonassociation based on bona fide
religious tenets or teachings of a church or other religious body of which the
owner or director is a member. The child care center owner or director shall
pay an amount equivalent to the representation fee to a nonreligious charity or
to another charitable organization;"
Beginning on page 15, line 25 of the amendment, strike all of section 9
Renumber the remaining sections consecutively and correct any internal references accordingly.
On page 23, after line 35 of the amendment, insert the following:
"NEW SECTION. Sec. 13. A new section is added to chapter 43.131 RCW to read as follows:
This act terminates June 30, 2014, as provided in section 14 of this act.
NEW SECTION. Sec. 14. A new section is added to chapter 43.131 RCW to read as follows:
The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2015:
(1) Section 1 of this act;
(2) Section 2 of this act;
(3) Section 3 of this act;
(4) Section 4 of this act;
(5) Section 5 of this act;
(6) Section 6 of this act;
(7) Section 7 of this act;
(8) Section 8 of this act;
(9) Section 9 of this act;
(10) Section 10 of this act;
(11) Section 11 of this act; and
(12) Section 12 of this act."
SHB 1329 - S AMD TO WM COMM AMD (S2924.1)
By Senators Rockefeller and Zarelli
ADOPTED 4/13/2009
On page 24, line 17 of the title amendment, after "41.56 RCW;" strike the remainder of the title and insert "adding new sections to chapter 43.131 RCW; creating new sections; and providing an effective date."
EFFECT: (1) Child care centers
that choose to opt in and participate in collective bargaining under the act
must file a notice of intent with the Public Employment Relations Commission
between July 1, 2010, and November 1, 2010.
(2) The notice of intent must include: The names and addresses of the
child care center's owners, directors, and workers; and authorization cards
signed by a majority of the center's owners, directors, and workers indicating
their desire to opt in.
(3) The requirement that child care centers provide the names and
addresses of its employees to the Department of Early Learning is removed.
Instead, labor organizations wishing to organize may request this information
from the Public Employment Relations Commission.
(4) The requirement that the units for bargaining be based on DSHS
regions is removed and replaced with a statewide unit.
(5) The initial election may not occur before November 1, 2010.
(6) The bargaining representative may not begin negotiations with the
Governor before July 1, 2011, and must submit its request for funds necessary
to implement the agreement by October 1, 2011.
(7) The definition of child care center is modified. A child care
center includes those centers with one or more subsidized children. Child care
centers operated by a unit of government, operated by an entity that operates
ten or more child care centers, and operated by large nonprofit organizations
are exempted from the bill.
(8) Adds a JLARC sunset review to the bill.
(9) Other economic support for child care centers is removed from the
list of permissive items that may be bargained under the bill.
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