H-0714

AN ACT Relating to providing for arbitration in public transportation labor negotiations; amending RCW 35.58.265, 36.57.090, and 36.57A.120; and adding a new section to chapter 35.21 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 35.58.265 and 1965 c 91 s 1 are each amended to read as follows:

(1) If a metropolitan municipal corporation shall perform the metropolitan transportation function and shall acquire any existing transportation system, it shall assume and observe all existing labor contracts relating to such system and, to the extent necessary for operation of facilities, all of the employees of such acquired transportation system whose duties are necessary to operate efficiently the facilities acquired shall be appointed to comparable positions to those which they held at the time of such transfer, and no employee or retired or pensioned employee of such systems shall be placed in any worse position with respect to pension seniority, wages, sick leave, vacation or other benefits that he or she enjoyed as an employee of such system prior to such acquisition. The metropolitan municipal corporation shall engage in collective bargaining with the duly appointed representatives of any employee labor organization having existing contracts with the acquired transportation system and may enter into labor contracts with such employee labor organization.

(2) If a collective bargaining agreement for the transportation system has not been negotiated within sixty days of the commencement of bargaining between a metropolitan municipal corporation and a labor union representing its employees, either party may demand that the issues in disagreement be submitted to a mediator to assist in negotiations. If final agreement has not been reached within thirty days of the commencement of mediation, either party may demand that the issues in disagreement be submitted to an arbitrator for a binding and final determination.

Sec. 2. RCW 36.57.090 and 1974 ex.s. c 167 s 9 are each amended to read as follows:

(1) A county transportation authority may acquire any existing transportation system by conveyance, sale, or lease. In any purchase from a county or city, the authority shall receive credit from the county or city for any federal assistance and state matching assistance used by the county or city in acquiring any portion of such system. The authority shall assume and observe all existing labor contracts relating to such system and, to the extent necessary for operation of facilities, all of the employees of such acquired transportation system whose duties are necessary to operate efficiently the facilities acquired shall be appointed to comparable positions to those which they held at the time of such transfer, and no employee or retired or pensioned employee of such systems shall be placed in any worse position with respect to pension seniority, wages, sick leave, vacation or other benefits that he enjoyed as an employee of such system prior to such acquisition. The authority shall engage in collective bargaining with the duly appointed representatives of any employee labor organization having existing contracts with the acquired transportation system and may enter into labor contracts with such employee labor organization.

(2) If a collective bargaining agreement for the transportation system has not been negotiated within sixty days of the commencement of bargaining between a county transportation authority and a labor union representing its employees, either party may demand that the issues in disagreement be submitted to a mediator to assist in negotiations. If final agreement has not been reached within thirty days of the commencement of mediation, either party may demand that the issues in disagreement be submitted to an arbitrator for a binding and final determination.

Sec. 3. RCW 36.57A.120 and 1975 1st ex.s. c 270 s 22 are each amended to read as follows:

(1) If a public transportation benefit area shall acquire any existing transportation system, it shall assume and observe all existing labor contracts relating to such system and, to the extent necessary for operation of facilities, all of the employees of such acquired transportation system whose duties are necessary to operate efficiently the facilities acquired shall be appointed to comparable positions to those which they held at the time of such transfer, and no employee or retired or pensioned employee of such systems shall be placed in any worse position with respect to pension seniority, wages, sick leave, vacation or other benefits that he or she enjoyed as an employee of such system prior to such acquisition. The public transportation benefit area authority shall engage in collective bargaining with the duly appointed representatives of any employee labor organization having existing contracts with the acquired transportation system and may enter into labor contracts with such employee labor organization.

(2) If a collective bargaining agreement for the transportation system has not been negotiated within sixty days of the commencement of bargaining between a public transportation benefit area and a labor union representing its employees, either party may demand that the issues in disagreement be submitted to a mediator to assist in negotiations. If final agreement has not been reached within thirty days of the commencement of mediation, either party may demand that the issues in disagreement be submitted to an arbitrator for a binding and final determination.

NEW SECTION. Sec. 4. A new section is added to chapter 35.21 RCW to read as follows:

If a collective bargaining agreement for a city's public passenger transportation system has not been negotiated within sixty days of the commencement of bargaining between a city and a labor union representing its public passenger transportation system employees, either party may demand that the issues in disagreement be submitted to a mediator to assist in negotiations. If final agreement has not been reached within thirty days of the commencement of mediation, either party may demand that the issues in disagreement be submitted to an arbitrator for a binding and final determination.