FINAL BILL REPORT

                  HB 2641

                         C 297 L 94

                     Synopsis as Enacted

Brief Description:  Revising provisions relating to collective bargaining for employees of the Washington State Bar Association.

By Representatives Thibaudeau, Chandler, Conway, Anderson, Heavey and Campbell.

House Committee on Commerce & Labor

Senate Committee on Labor & Commerce

Background:  The Public Employees' Collective Bargaining Act provides public employees procedures for implementing their right to join labor organizations of their own choosing and to be represented in matters concerning their employment relations with public employers.  The collective bargaining statutes apply generally to political subdivisions of the state but not to the state itself.

Employees of the Washington State Bar Association are not specifically covered by the collective bargaining statutes.  In 1993, a bill was enacted that encouraged and authorized the Washington Supreme Court to provide by rule that the bar association is considered a public employer under the Public Employees' Collective Bargaining Act.  The court adopted a rule that gives the bar association's Board of Governors discretionary authority to adopt collective bargaining for its employees.

Although the Washington State Bar Association was established by legislative enactment, the Washington Supreme Court maintains supervisory and regulatory control over the bar association.  The Court has held that as a separate, independent branch of government, it has inherent constitutional powers to control the bar association and its functions as part of its administration of the courts.

In 1975, the Washington Supreme Court found that application of collective bargaining statutes to juvenile court employees, with respect to bargaining for wages with the county, did not affect the judiciary's power to control and administer the courts.  The Legislature made collective bargaining statutes fully applicable to district courts in 1989 and superior courts in 1992.

Summary:  The Washington State Bar Association is considered a public employer under the Public Employees' Collective Bargaining Act.  The 1993 law encouraging the state Supreme Court to adopt collective bargaining for bar association employees is repealed.

Votes on Final Passage:

House  52 45

Senate 31 17

Effective:  June 9, 1994