BP BHEAD INT S

AN ACT Relating to state employees; amending RCW 41.56.020, 41.56.040, 41.56.122, 41.56.060, 41.56.430, 41.06.150, 49.74.030, 49.74.040, 28B.16.100, and 28B.16.101; reenacting and amending RCW 41.56.030 and 41.04.230; adding a new section to chapter 28B.16 RCW; adding new sections to chapter 41.56 RCW; adding new sections to chapter 41.06 RCW; adding new sections to chapter 41.58 RCW; adding a new chapter to Title 41 RCW; creating new sections; repealing RCW 28B.16.120, 28B.16.130, 28B.16.140, 28B.16.150, 28B.16.160, 28B.16.170, 28B.16.230, 28B.16.255, 28B.16.265, 28B.16.275, 41.06.170, 41.06.176, 41.06.186, 41.06.196, 41.06.230, 41.06.300, 41.06.310, 41.06.320, 41.06.330, 41.06.340, 41.06.475, 41.64.010, 41.64.020, 41.64.030, 41.64.040, 41.64.050, 41.64.060, 41.64.070, 41.64.080, 41.64.090, 41.64.100, 41.64.110, 41.64.120, 41.64.130, 41.64.140, 41.64.900, and 41.64.910; providing an effective date; and declaring an emergency.

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

NEW SECTION. Sec. 1. It is the purpose of this act to promote orderly and constructive relationships between the state of Washington and its employees and to assure the effective and orderly operations of state government.

This public policy is best effectuated by recognizing the principles of collective bargaining and by granting state employees the right to organize for the purpose of negotiating wages, hours, and other terms and conditions of employment.

In adopting this act, the legislature recognizes that: In addition to promoting labor peace, effective involvement of employees and their representatives is essential to the efficient and effective delivery of government services; laws and regulations for the safety of the workplace and fair employment practices are more effective when employees organize and participate with management collectively; and the participation of employees and their representatives can lead to better decision making by managers and policymakers.

The legislature further recognizes that value of collective bargaining in fostering better communication and flexible responses to changing conditions can best be achieved by empowering the managers and the employees who deliver state services to work cooperatively in setting the terms and conditions of employment that will most effectively achieve the mission of the agency.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Board" means the joint labor management board established under section 3 of this act.

(2) "Chair" means the chairperson of the joint labor management board.

(3) "Classified service" means all positions in the state service subject to chapters 41.06 and 28B.16 RCW.

(4) "Employee" and "employees" means any and all persons employed within the classified service.

(5) "Employee organization" means a lawful association, labor organization, federation, council, or other organization whose membership includes classified public employees and that has as one of its purposes the improvement of working conditions among public employees.

(6) "Employer" means the state of Washington and its agencies as defined under RCW 41.06.020 and institutions of higher education as defined under RCW 28B.16.020.

(7) "Labor representatives" means those members of the board selected by employee organizations.

(8) "Management representatives" means those members of the board appointed by the governor.

NEW SECTION. Sec. 3. There is hereby established a joint labor management board to consist of a neutral chair and an equal number of representatives for state employee organizations and management representatives appointed by the governor under section 5 of this act for the purpose of establishing certain uniform salary schedules, fringe benefit plans, and regulations for classified state employees. There may at no time be less than four management and four labor representatives on the board.

NEW SECTION. Sec. 4. (1) The board, consistent with the purposes and provisions of this chapter, shall do the following:

(a) Adopt and revise a state salary schedule to reflect the prevailing rates in Washington state private industries and other governmental units, but the rates in the salary schedule must be increased if necessary to attain comparable worth under an implementation plan under RCW 41.06.155. The schedule must provide for increment increases within the series of steps for each pay grade based upon length of service for all employees whose standards of performance are such as to permit them to retain job status in the classified service;

(b) Adopt rules for sick leave, vacations, and holidays;

(c) Adopt rules for transfers within state service from positions between bargaining units or from positions in a bargaining unit to a position outside a bargaining unit, including the interagency transfer of employees who have been or are scheduled to be laid off due to a reduction in force and recall of the employees. The rules must assure that persons who are or have been employed in classified positions under chapter 28B.16 RCW are eligible for employment, reemployment, transfer, and promotion in respect to classified positions covered by chapter 41.06 RCW;

(d) Review and approve health care and insurance plans adopted by the state health care authority under chapter 41.05 RCW; and

(e) Adopt rules for travel and relocation rates.

(2) The heads of the various agencies and institutions shall determine salary-related matters over and above the basic salary schedules, including but not limited to overtime rates, holiday compensation, shift premiums, standby compensation rates, shift-change and call-back penalties, merit pay and performance incentives, and retention and recruitment enhancements to maintain competitive salaries within a locality. The matters determined under this subsection are subject to collective bargaining with employees under sections 12 through 14 of this act.

NEW SECTION. Sec. 5. (1) Each employee organization is entitled to one appointment to the board as follows, but an employee organization may not have more than one representative:

(a) One selected by employee organizations that represent less than one thousand employees;

(b) Two selected by employee organizations that represent not more than two thousand but not less than one thousand employees; and

(c) One for each employee organization, and selected by that organization, that represents more than two thousand state employees.

(2)(a) The governor shall appoint a number of management representatives equal to the number of labor representatives entitled to be appointed under subsection (1) of this section. The governor's appointments must include at least one representative from each of the following:

(i) The office of financial management;

(ii) An elected executive agency head other than the governor; and

(iii) A president or chief executive officer from a four-year institution of higher education.

(b) The governor shall fill any remaining employer vacancies on the board from among the following:

(i) First, through the appointment of a representative of each house of the legislature from lists recommended by the senate and the house of representatives; and

(ii) Remaining vacancies must be filled by an agency director other than the director of financial management, or an independently elected agency head.

(3) Labor and management representatives shall select a neutral person not otherwise appointed to the board to act as the chair.

(4) Persons appointed to the board shall serve a two-year term beginning by September 1 of an even-numbered year.

(5) The public employment relations commission shall resolve all questions regarding selection of labor representatives to the board an may adopt rules to resolve disputes with regard to selection of labor representatives among employee organizations.

NEW SECTION. Sec. 6. (1) At the first meeting of the board following the appointment of the board members to their two-year terms, the members of the board appointed under section 5 (1) and (2) of this act shall select a neutral person to be the chair. If the board is unable to agree mutually among its members on a suitable chair, a chair must be selected as follows:

(a) The executive director of the public employment relations commission shall propose a list of five candidates for chair who are state residents. Each candidate for chair must clearly demonstrate an interest and belief in collective bargaining principles and be knowledgeable in the area of personnel administration and labor relations in the state; and

(b) The chair is selected by striking names under subsections (2) through (4) of this section from the proposed list until only one name remains.

(2) For purposes of selecting the chair under this section, labor representatives and management representatives shall each collectively exercise a single vote to strike.

(3) Labor and management representatives shall alternately exercise a vote to strike a name from the list of proposed candidates, with the group appointed under section 5(1)(b) of this act exercising the first vote.

(4) After four names have been struck from the list, the remaining candidate is the chair.

NEW SECTION. Sec. 7. (1) The chair of the board shall serve a two-year term commencing on September 15 of an even-numbered year.

(2) The chair may not be otherwise employed by the state or any of its subdivisions, nor may the chair be employed by any employee organization, except to the extent of offering and providing dispute resolution services to these or other parties.

(3) The chair shall be provided an annual salary to be determined under RCW 43.03.028.

NEW SECTION. Sec. 8. The chair:

(1) Shall convene and chair all meetings of the board;

(2) May not exercise a vote unless the board is deadlocked;

(3) Shall make all arrangements for meetings of the board;

(4) Shall perform such duties and have such powers as the board shall prescribe in order to implement this chapter; and

(5) Shall be located in and be provided state support through the public employment relations commission.

NEW SECTION. Sec. 9. (1) The board shall meet no later than October 15 in an even-numbered year and shall publish salary schedules and benefit plans for the next biennium no later than December 10 of that year.

(2) The board shall submit salary schedules and benefit plans adopted by the board to the governor for inclusion in the governor's recommended budget to the legislature.

(3)(a) The legislature shall approve or reject the submission of the request for funds for the board salary schedules and fringe benefit plans as a whole.

(b) The submission shall be deemed approved if the legislature fails to act by joint resolution by March 31 of the year following adoption by the board.

(c) If the legislature rejects the salary and fringe benefit schedules and plans, the schedules and plans must be resubmitted to the board for further consideration and revision. The board shall submit a new salary and fringe benefit plan within fourteen days, which becomes effective unless rejected by joint resolution of the legislature within fourteen days. The board shall continue to adopt and submit revised salary plans and benefit schedules until it submits a plan or schedule, or both that is not rejected within fourteen days.

(4) Unless specifically rejected by action of the legislature, the salary schedules and fringe benefit plans adopted by the board become a part of the contract of employment of all state employees and take effect July 1 following their adoption.

NEW SECTION. Sec. 10. The board shall meet as necessary for purposes of approving, altering, or amending salary schedules and compensation plans for new and revised classes as recommended by the state personnel board and the higher education personnel board. Pay plans recommended by the director of the department of personnel constitute the pay and compensation for persons employed in new and revised classes adopted by the personnel boards until the time the board revises or amends the recommended pay plan.

Sec. 11. RCW 41.56.020 and 1992 c 36 s 1 are each amended to read as follows:

This chapter shall apply to any county or municipal corporation, ((or)) any political subdivision of the state of Washington, any agency of the state of Washington as defined in RCW 41.06.020, or any institution as defined in chapter 28B.16 RCW, including district courts and superior courts, except as otherwise provided by RCW 54.04.170, 54.04.180, and chapters 41.59, 47.64, and 53.18 RCW. The Washington state patrol shall be considered a public employer of state patrol officers appointed under RCW 43.43.020.

Sec. 12. RCW 41.56.030 and 1992 c 36 s 2 and 1991 c 363 s 119 are each reenacted and amended to read as follows:

As used in this chapter:

(1) "Public employer" means any officer, board, commission, council, or other person or body acting on behalf of any public body governed by this chapter as designated by RCW 41.56.020, or any subdivision of such public body. For the purposes of this section, the public employer of district court or superior court employees for wage-related matters is the respective county legislative authority, or person or body acting on behalf of the legislative authority, and the public employer for nonwage-related matters is the judge or judge's designee of the respective district court or superior court, and any agency as defined in RCW 41.06.020 and covered under chapter 41.06 RCW or institution of higher education as defined and covered under chapter 28B.16 RCW.

(2) "Public employee" means any employee of a public employer except any person (a) elected by popular vote, or (b) appointed to office pursuant to statute, ordinance or resolution for a specified term of office by the executive head or body of the public employer, or (c) whose duties as deputy, administrative assistant or secretary necessarily imply a confidential relationship to the executive head or body of the applicable bargaining unit, or any person elected by popular vote or appointed to office pursuant to statute, ordinance or resolution for a specified term of office by the executive head or body of the public employer, or (d) who is a personal assistant to a district court judge, superior court judge, or court commissioner. For the purpose of (d) of this subsection, no more than one assistant for each judge or commissioner may be excluded from a bargaining unit.

(3) "Bargaining representative" means any lawful organization which has as one of its primary purposes the representation of employees in their employment relations with employers.

(4) "Collective bargaining" means the performance of the mutual obligations of the public employer and the exclusive bargaining representative to meet at reasonable times, to confer and negotiate in good faith, and to execute a written agreement with respect to grievance procedures and collective negotiations on personnel matters, including wages, hours and working conditions, which may be peculiar to an appropriate bargaining unit of such public employer, except that by such obligation neither party shall be compelled to agree to a proposal or be required to make a concession unless otherwise provided in this chapter. In the case of the Washington state patrol, "collective bargaining" shall not include wages and wage-related matters.

(5) "Commission" means the public employment relations commission.

(6) "Essential state employee" means any state employee, as determined by the commission, performing functions so essential that the interruption or termination of the function constitutes a clear and present danger to the health and safety of the state.

(7) "Exclusive bargaining representative" means any employee organization as defined in chapter 41.59 RCW, and including any under section 2 of this act that has been certified or recognized under the provisions of this chapter as the representative of state employees in an appropriate bargaining unit or recognized under chapter 41.06 or 28B.16 RCW before the effective date of this act.

(8) "Executive director" means the executive director of the commission.

((~~(7)~~)) (9) "Uniformed personnel" means (a) law enforcement officers as defined in RCW 41.26.030 as now or hereafter amended, of cities with a population of fifteen thousand or more or law enforcement officers employed by the governing body of any county with a population of seventy thousand or more, or (b) fire fighters as that term is defined in RCW 41.26.030, as now or hereafter amended.

Sec. 13. RCW 41.56.040 and 1967 ex.s. c 108 s 4 are each amended to read as follows:

No public employer, or other person, shall directly or indirectly, interfere with, restrain, coerce, or discriminate against any public employee or group of public employees in the free exercise of their right to organize and designate representatives of their own choosing for the purpose of collective bargaining, or in the free exercise of any other right under this chapter, except to the extent that employees may be required to pay a fee to an exclusive bargaining representative under a union security provision authorized under this chapter.

Sec. 14. RCW 41.56.122 and 1975 1st ex.s. c 296 s 22 are each amended to read as follows:

(1) A collective bargaining agreement may:

((~~(1)~~)) (a) Contain union security provisions: PROVIDED, That nothing in this section shall authorize a closed shop provision: PROVIDED FURTHER, That agreements involving union security provisions must safeguard the right of nonassociation of public employees based on bona fide religious tenets or teachings of a church or religious body of which such public employee is a member. Such public employee shall pay an amount of money equivalent to regular union dues and initiation fee to a nonreligious charity or to another charitable organization mutually agreed upon by the public employee affected and the bargaining representative to which such public employee would otherwise pay the dues and initiation fee. The public employee shall furnish written proof that such payment has been made. If the public employee and the bargaining representative do not reach agreement on such matter, the commission shall designate the charitable organization. When there is a conflict between any collective bargaining agreement reached by a public employer and a bargaining representative on a union security provision and any charter, ordinance, rule, or regulation adopted by the public employer or its agents, including but not limited to, a civil service commission, the terms of the collective bargaining agreement shall prevail((.)); and

((~~(2)~~)) (b) Provide for binding arbitration of a labor dispute arising from the application or the interpretation of the matters contained in a collective bargaining agreement.

(2) The scope of bargaining for state employees does not include matters pertaining to:

(a) Recruitment of employment candidates, conduct and grading of examinations, rating of candidates, maintenance of eligible lists, and original appointments from eligible lists;

(b) Retirement benefits; and

(c) Matters relating to wages, fringe benefits, transfers, leaves, and holidays subject to the joint labor management board.

(3) In executing collective bargaining agreements under this section, state agencies and institutions of higher education have authority as agents of the state to enter into an agreement over all personnel matters, including wages, hours, and working conditions.

NEW SECTION. Sec. 15. (1) A collective bargaining agreement covering state employees shall contain provisions that require layoffs and subsequent reemployment to be implemented according to seniority.

(2) If a state employee has a right to contest a disciplinary action or termination of employment under the provisions of a statute or administrative rule, a collective bargaining agreement provision permitting the employee to contest the disciplinary action or termination of employment through the grievance procedure and arbitration shall specify an election of remedies by the employee so that the matter is resolved entirely under the procedures of the collective bargaining agreement or entirely under the procedures of the applicable statute or rule. An employee, when fully reinstated after appeal under either remedy, must be guaranteed all employee rights and benefits, including back pay, sick leave, vacation accrual, retirement, and old age, survivors and disability insurance credits.

Sec. 16. RCW 41.56.060 and 1975 1st ex.s. c 296 s 17 are each amended to read as follows:

(1) The commission, after hearing upon reasonable notice, shall decide in each application for certification as an exclusive bargaining representative of employees of a public employer, the unit appropriate for the purpose of collective bargaining. In determining, modifying, or combining the bargaining unit, the commission shall consider the duties, skills, and working conditions of the public employees; the history of collective bargaining by the public employees and their bargaining representatives; the extent of organization among the public employees; and the desire of the public employees. The commission shall determine the bargaining representative by ((~~(1)~~)): (a) Examination of organization membership rolls((~~, (2)~~)); (b) comparison of signatures on organization bargaining authorization cards((,)); or ((~~(3)~~)) (c) by conducting an election specifically therefor.

(2) Bargaining units established before the effective date of this act are presumed to remain appropriate to the extent that the units are consistent with subsection (1) of this section.

(3) Two or more units for which an employee organization as defined in section 2 of this act is the exclusive representative may, upon petition by the employer or labor organization, be consolidated into a single larger unit if the commission considers the larger unit to be appropriate. The commission shall certify the labor organization as the exclusive representative of the new larger unit according to the commission's rules.

NEW SECTION. Sec. 17. (1) A state employee, except essential state employees, may participate in a strike and other concerted activities if:

(a) The strike has been called for by an employee organization as defined in section 2 of this act that is an exclusive bargaining representative and that on behalf of the affected state employees is the exclusive bargaining representative has given its intent to strike to the commission and the public employer;

(b) The strike has not been enjoined by the superior court under section 18 of this act; and

(2) A strike or other concerted activity permitted under subsection (1) of this section may not restrict access to the workplace through a separate entrance marked and set apart for essential employees or uniformed personnel that are not authorized to strike.

NEW SECTION. Sec. 18. The superior court shall grant a restraining order or injunction in a strike, lockout, or labor dispute involving state employees upon petition by a public employer, the attorney general on behalf of the public, or the commission if the party seeking the injunction can show by clear and convincing evidence that the strike or other concerted activity creates a substantial and imminent threat to the health or safety of the public. Relief granted in the restraining order or injunction is limited to that necessary to relieve the imminent threat to the public.

Sec. 19. RCW 41.56.430 and 1973 c 131 s 1 are each amended to read as follows:

The intent and purpose of ((~~this 1973 amendatory act~~)) RCW 41.56.430 through 41.56.490, 41.56.905, 41.56.910, and sections 2 and 9, chapter 131, Laws of 1973 is to recognize that there exists a public policy in the state of Washington against strikes by uniformed personnel and essential state employees as a means of settling their labor disputes; that the uninterrupted and dedicated service of these classes of employees is vital to the welfare and public safety of the state of Washington; that to promote such dedicated and uninterrupted public service there should exist an effective and adequate alternative means of settling disputes.

Sec. 20. RCW 41.04.230 and 1993 c 2 s 26 (Initiative Measure No. 134) and 1992 c 192 s 1 are each reenacted and amended to read as follows:

Any official of the state authorized to disburse funds in payment of salaries and wages of public officers or employees is authorized, upon written request of the officer or employee, to deduct from the salaries or wages of the officers or employees, the amount or amounts of subscription payments, premiums, contributions, or continuation thereof, for payment of the following:

(1) Credit union deductions: PROVIDED, That twenty-five or more employees of a single state agency or a total of one hundred or more state employees of several agencies have authorized such a deduction for payment to the same credit union. An agency may, in its own discretion, establish a minimum participation requirement of fewer than twenty-five employees.

(2) Parking fee deductions: PROVIDED, That payment is made for parking facilities furnished by the agency or by the department of general administration.

(3) U.S. savings bond deductions: PROVIDED, That a person within the particular agency shall be appointed to act as trustee. The trustee will receive all contributions; purchase and deliver all bond certificates; and keep such records and furnish such bond or security as will render full accountability for all bond contributions.

(4) Board, lodging or uniform deductions when such board, lodging and uniforms are furnished by the state, or deductions for academic tuitions or fees or scholarship contributions payable to the employing institution.

(5) Dues and other fees deductions: PROVIDED, That the deduction is for payment of membership dues to any professional organization formed primarily for public employees or college and university professors: AND PROVIDED, FURTHER, That twenty-five or more employees of a single state agency, or a total of one hundred or more state employees of several agencies have authorized such a deduction for payment to the same professional organization.

(6) Labor or employee organization dues may be deducted in the event that a payroll deduction is not provided under a collective bargaining agreement under the provisions of RCW ((~~41.06.150~~)) 41.56.110: PROVIDED, That twenty-five or more officers or employees of a single agency, or a total of one hundred or more officers or employees of several agencies have authorized such a deduction for payment to the same labor or employee organization: PROVIDED, FURTHER, That labor or employee organizations with five hundred or more members in state government may have payroll deduction for employee benefit programs.

(7) Insurance contributions to the authority for payment of premiums under contracts authorized by the state health care authority.

(8) Deductions to a bank, savings bank, or savings and loan association if (a) the bank, savings bank, or savings and loan association is authorized to do business in this state; and (b) twenty-five or more employees of a single agency, or fewer, if a lesser number is established by such agency, or a total of one hundred or more state employees of several agencies have authorized a deduction for payment to the same bank, savings bank, or savings and loan association.

Deductions from salaries and wages of public officers and employees other than those enumerated in this section or by other law, may be authorized by the director of financial management for purposes clearly related to state employment or goals and objectives of the agency and for plans authorized by the state health care authority.

The authority to make deductions from the salaries and wages of public officers and employees as provided for in this section shall be in addition to such other authority as may be provided by law: PROVIDED, That the state or any department, division, or separate agency of the state shall not be liable to any insurance carrier or contractor for the failure to make or transmit any such deduction.

Sec. 21. RCW 41.06.150 and 1990 c 60 s 103 are each amended to read as follows:

The board shall adopt rules, consistent with the purposes and provisions of this chapter, as now or hereafter amended, and with the best standards of personnel administration, regarding the basis and procedures to be followed for:

(1) ((~~The reduction, dismissal, suspension, or demotion of an employee;~~

~~(2)~~)) Certification of names for vacancies, including departmental promotions, with the number of names equal to four more names than there are vacancies to be filled, such names representing applicants rated highest on eligibility lists: PROVIDED, That when other applicants have scores equal to the lowest score among the names certified, their names shall also be certified;

((~~(3)~~)) (2) Examinations for all positions in the competitive and noncompetitive service;

((~~(4)~~)) (3) Appointments;

((~~(5)~~)) (4) Training and career development;

(((6) Probationary periods of six to twelve months and rejections therein, depending on the job requirements of the class, except that entry level state park rangers shall serve a probationary period of twelve months;

~~(7) Transfers;~~

~~(8) Sick leaves and vacations;~~

~~(9) Hours of work;~~

~~(10) Layoffs when necessary and subsequent reemployment, both according to seniority;~~

(11) Determination of appropriate bargaining units within any agency: PROVIDED, That in making such determination the board shall consider the duties, skills, and working conditions of the employees, the history of collective bargaining by the employees and their bargaining representatives, the extent of organization among the employees, and the desires of the employees;

(12) Certification and decertification of exclusive bargaining representatives: PROVIDED, That after certification of an exclusive bargaining representative and upon the representative's request, the director shall hold an election among employees in a bargaining unit to determine by a majority whether to require as a condition of employment membership in the certified exclusive bargaining representative on or after the thirtieth day following the beginning of employment or the date of such election, whichever is the later, and the failure of an employee to comply with such a condition of employment constitutes cause for dismissal: PROVIDED FURTHER, That no more often than once in each twelve-month period after expiration of twelve months following the date of the original election in a bargaining unit and upon petition of thirty percent of the members of a bargaining unit the director shall hold an election to determine whether a majority wish to rescind such condition of employment: PROVIDED FURTHER, That for purposes of this clause, membership in the certified exclusive bargaining representative is satisfied by the payment of monthly or other periodic dues and does not require payment of initiation, reinstatement, or any other fees or fines and includes full and complete membership rights: AND PROVIDED FURTHER, That in order to safeguard the right of nonassociation of public employees, based on bona fide religious tenets or teachings of a church or religious body of which such public employee is a member, such public employee shall pay to the union, for purposes within the program of the union as designated by such employee that would be in harmony with his or her individual conscience, an amount of money equivalent to regular union dues minus any included monthly premiums for union-sponsored insurance programs, and such employee shall not be a member of the union but is entitled to all the representation rights of a union member;

(13) Agreements between agencies and certified exclusive bargaining representatives providing for grievance procedures and collective negotiations on all personnel matters over which the appointing authority of the appropriate bargaining unit of such agency may lawfully exercise discretion;

(14) Written agreements may contain provisions for payroll deductions of employee organization dues upon authorization by the employee member and for the cancellation of such payroll deduction by the filing of a proper prior notice by the employee with the appointing authority and the employee organization: PROVIDED, That nothing contained herein permits or grants to any employee the right to strike or refuse to perform his or her official duties;

~~(15)~~)) (5) Adoption and revision of a comprehensive classification plan for all positions in the classified service, based on investigation and analysis of the duties and responsibilities of each such position;

((~~(16)~~)) (6) Allocation and reallocation of positions within the classification plan; and

(((17) Adoption and revision of a state salary schedule to reflect the prevailing rates in Washington state private industries and other governmental units but the rates in the salary schedules or plans shall be increased if necessary to attain comparable worth under an implementation plan under RCW 41.06.155, such adoption and revision subject to approval by the director of financial management in accordance with the provisions of chapter 43.88 RCW;

(18) Increment increases within the series of steps for each pay grade based on length of service for all employees whose standards of performance are such as to permit them to retain job status in the classified service;

~~(19)~~)) (7) Providing for veteran's preference as required by existing statutes, with recognition of preference in regard to layoffs and subsequent reemployment for veterans and their widows by giving such eligible veterans and their widows additional credit in computing their seniority by adding to their unbroken state service, as defined by the board, the veteran's service in the military not to exceed five years. For the purposes of this section, "veteran" means any person who has one or more years of active military service in any branch of the armed forces of the United States or who has less than one year's service and is discharged with a disability incurred in the line of duty or is discharged at the convenience of the government and who, upon termination of such service has received an honorable discharge, a discharge for physical reasons with an honorable record, or a release from active military service with evidence of service other than that for which an undesirable, bad conduct, or dishonorable discharge shall be given: PROVIDED, HOWEVER, That the widow of a veteran is entitled to the benefits of this section regardless of the veteran's length of active military service: PROVIDED FURTHER, That for the purposes of this section "veteran" does not include any person who has voluntarily retired with twenty or more years of active military service and whose military retirement pay is in excess of five hundred dollars per month((;

(20) Permitting agency heads to delegate the authority to appoint, reduce, dismiss, suspend, or demote employees within their agencies if such agency heads do not have specific statutory authority to so delegate: PROVIDED, That the board may not authorize such delegation to any position lower than the head of a major subdivision of the agency;

(21) Assuring persons who are or have been employed in classified positions under chapter 28B.16 RCW will be eligible for employment, reemployment, transfer, and promotion in respect to classified positions covered by this chapter;

(22) Affirmative action in appointment, promotion, transfer, recruitment, training, and career development; development and implementation of affirmative action goals and timetables; and monitoring of progress against those goals and timetables.

The board shall consult with the human rights commission in the development of rules pertaining to affirmative action. The department of personnel shall transmit a report annually to the human rights commission which states the progress each state agency has made in meeting affirmative action goals and timetables)).

Sec. 22. RCW 49.74.030 and 1985 c 365 s 10 are each amended to read as follows:

The commission in conjunction with the department of personnel, the higher education personnel board, or the state patrol, whichever is appropriate, shall attempt to resolve the noncompliance through conciliation. If an agreement is reached for the elimination of noncompliance, the agreement shall be reduced to writing and an order shall be issued by the commission setting forth the terms of the agreement. The noncomplying state agency, institution of higher education, or state patrol shall make a good faith effort to conciliate and make a full commitment to correct the noncompliance with any action that may be necessary to achieve compliance, provided such action is not inconsistent with the rules adopted under RCW ((~~28B.16.100(20), 41.06.150(21), and~~)) 43.43.340(5)((~~, whichever is appropriate~~)).

Sec. 23. RCW 49.74.040 and 1985 c 365 s 11 are each amended to read as follows:

If no agreement can be reached under RCW 49.74.030, the commission may refer the matter to the administrative law judge for hearing pursuant to RCW 49.60.250. If the administrative law judge finds that the state agency, institution of higher education, or state patrol has not made a good faith effort to correct the noncompliance, the administrative law judge shall order the state agency, institution of higher education, or state patrol to comply with this chapter. The administrative law judge may order any action that may be necessary to achieve compliance, provided such action is not inconsistent with the rules adopted under RCW ((~~28B.16.100(20), 41.06.150(21), and~~)) 43.43.340(5)((~~, whichever is appropriate~~)).

An order by the administrative law judge may be appealed to superior court.

NEW SECTION. Sec. 24. The personnel director of the board shall recommend salary schedules for new and revised classes in the classification plan adopted by the board under chapter 41.06 RCW. The recommendations shall be published in the twenty-day notice accompanying the proposed new or revised class. Salary schedule recommendations by the director become effective on the effective date of the amendments to the classification plan and remain in effect until approved, amended, or revised by the joint labor management board under section 10 of this act.

NEW SECTION. Sec. 25. The state personnel appeals board is hereby abolished and its powers, duties, and functions are hereby transferred to the state personnel board. All references to the executive secretary or state personnel appeals board in the Revised Code of Washington shall be construed to mean the director or state personnel board.

NEW SECTION. Sec. 26. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the state personnel appeals board shall be delivered to the custody of the state personnel board. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the state personnel appeals board shall be made available to the state personnel board. All funds, credits, or other assets held by the state personnel appeals board shall be assigned to the state personnel board.

Any appropriations made to the state personnel appeals board shall, on the effective date of this section, be transferred and credited to the state personnel board.

Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

NEW SECTION. Sec. 27. All employees of the state personnel appeals board are transferred to the jurisdiction of the state personnel board. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the state personnel board to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

NEW SECTION. Sec. 28. All rules and all pending business before the state personnel appeals board shall be continued and acted upon by the state personnel board. All existing contracts and obligations shall remain in full force and shall be performed by the state personnel board.

NEW SECTION. Sec. 29. The transfer of the powers, duties, functions, and personnel of the state personnel appeals board shall not affect the validity of any act performed prior to the effective date of this section.

NEW SECTION. Sec. 30. If apportionments of budgeted funds are required because of the transfers directed by sections 26 through 29 of this act, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

NEW SECTION. Sec. 31. Nothing contained in sections 25 through 30 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

NEW SECTION. Sec. 32. All powers, duties, and functions of the state personnel board and the labor relations unit of the department of personnel pertaining to labor relations functions are transferred to the public employment relations commission. All references to the director or state personnel board and the labor relations unit of the department of personnel in the Revised Code of Washington shall be construed to mean the director or public employment relations commission when referring to the functions transferred in this section.

NEW SECTION. Sec. 33. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the state personnel board and the labor relations unit of the department of personnel pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the public employment relations commission. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the state personnel board and the labor relations unit of the department of personnel in carrying out the powers, functions, and duties transferred shall be made available to the public employment relations commission. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the public employment relations commission.

Any appropriations made to the state personnel board and the labor relations unit of the department of personnel for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the public employment relations commission.

NEW SECTION. Sec. 34. All employees of the state personnel board and the labor relations unit of the department of personnel engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the public employment relations commission. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the public employment relations commission upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

NEW SECTION. Sec. 35. All rules and all pending business before the state personnel board and the labor relations unit of the department of personnel pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the public employment relations commission. All existing contracts and obligations shall remain in full force and shall be performed by the public employment relations commission.

NEW SECTION. Sec. 36. The transfer of the powers, duties, functions, and personnel of the state personnel board and the labor relations unit of the department of personnel shall not affect the validity of any act performed prior to the effective date of this section.

NEW SECTION. Sec. 37. If apportionments of budgeted funds are required because of the transfers directed by sections 33 through 36 of this act, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

NEW SECTION. Sec. 38. Nothing contained in sections 32 through 37 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

Sec. 39. RCW 28B.16.100 and 1990 c 60 s 202 are each amended to read as follows:

The higher education personnel board shall adopt rules, consistent with the purposes and provisions of this chapter and with the best standards of personnel administration, regarding the basis and procedures to be followed for:

(1) ((~~The dismissal, suspension, or demotion of an employee, and appeals therefrom;~~

~~(2)~~)) Certification of names for vacancies, including promotions, with the number of names equal to four more names than there are vacancies to be filled, such names representing applicants rated highest on eligibility lists: PROVIDED, That when other applicants have scores equal to the lowest score among the names certified, their names shall also be certified;

((~~(3)~~)) (2) Examination for all positions in the competitive and noncompetitive service;

((~~(4)~~)) (3) Appointments;

((~~(5) Probationary periods of six to twelve months and rejections therein, depending on the job requirements of the class;~~

~~(6) Transfers;~~

~~(7) Sick leaves and vacations;~~

~~(8) Hours of work;~~

~~(9) Layoffs when necessary and subsequent reemployment, both according to seniority;~~

(10) Determination of appropriate bargaining units within any institution or related boards: PROVIDED, That in making such determination the board shall consider the duties, skills, and working conditions of the employees, the history of collective bargaining by the employees and their bargaining representatives, the extent of organization among the employees, and the desires of the employees;

(11) Certification and decertification of exclusive bargaining representatives: PROVIDED, That after certification of an exclusive bargaining representative and upon the representative's request, the director shall hold an election among employees in a bargaining unit to determine by a majority whether to require as a condition of employment membership in the certified exclusive bargaining representative on or after the thirtieth day following the beginning of employment or the date of such election, whichever is the later, and the failure of an employee to comply with such condition of employment constitutes cause for dismissal: PROVIDED FURTHER, That no more often than once in each twelve-month period after expiration of twelve months following the date of the original election in a bargaining unit and upon petition of thirty percent of the members of a bargaining unit the director shall hold an election to determine whether a majority wish to rescind such condition of employment: PROVIDED FURTHER, That for purposes of this clause, membership in the certified exclusive bargaining representative is satisfied by the payment of monthly or other periodic dues and does not require payment of initiation, reinstatement, or any other fees or fines and includes full and complete membership rights: AND PROVIDED FURTHER, That in order to safeguard the right of nonassociation of public employees, based on bona fide religious tenets or teachings of a church or religious body of which such public employee is a member, such public employee shall pay to the union, for purposes within the program of the union as designated by such employee that would be in harmony with his individual conscience, an amount of money equivalent to regular union dues minus any included monthly premiums for union-sponsored insurance programs, and such employee shall not be a member of the union but is entitled to all the representation rights of a union member;

(12) Agreements between institutions or related boards and certified exclusive bargaining representatives providing for grievance procedures and collective negotiations on all personnel matters over which the institution or the related board may lawfully exercise discretion;

(13) Written agreements may contain provisions for payroll deductions of employee organization dues upon authorization by the employee member and for the cancellation of such payroll deduction by the filing of a proper prior notice by the employee with the institution and the employee organization: PROVIDED, That nothing contained herein permits or grants to any employee the right to strike or refuse to perform his official duties;

~~(14)~~)) (4) Training and career development;

(5) Adoption and revision of comprehensive classification plans for all positions in the classified service, based on investigation and analysis of the duties and responsibilities of each such position;

((~~(15)~~)) (6) Allocation and reallocation of positions within the classification plan; and

(((16) Adoption and revision of salary schedules and compensation plans which reflect the prevailing rates in Washington state private industries and other governmental units for positions of a similar nature but the rates in the salary schedules or plans shall be increased if necessary to attain comparable worth under an implementation plan under RCW 28B.16.116 and which shall be competitive in the state or the locality in which the institution or related boards are located, such adoption, revision, and implementation subject to approval as to availability of funds by the director of financial management in accordance with the provisions of chapter 43.88 RCW, and after consultation with the chief financial officer of each institution or related board for that institution or board, or in the case of community colleges, by the chief financial officer of the *state board for community college education for the various community colleges;

~~(17) Training programs including in-service, promotional, and supervisory;~~

~~(19)~~)) (7) Providing for veteran's preference as provided by existing statutes, with recognition of preference in regard to layoffs and subsequent reemployment for veterans and their widows by giving such eligible veterans and their widows additional credit in computing their seniority by adding to their unbroken higher education service, as defined by the board, the veteran's service in the military not to exceed five years of such service. For the purposes of this section, "veteran" means any person who has one or more years of active military service in any branch of the armed forces of the United States or who has less than one year's service and is discharged with a disability incurred in the line of duty or is discharged at the convenience of the government and who, upon termination of such service, has received an honorable discharge, a discharge for physical reasons with an honorable record, or a release from active military service with evidence of service other than that for which an undesirable, bad conduct, or dishonorable discharge shall be given: PROVIDED, HOWEVER, That the widow of a veteran is entitled to the benefits of this section regardless of the veteran's length of active military service: PROVIDED FURTHER, That for the purposes of this section "veteran" does not include any person who has voluntarily retired with twenty or more years of active military service and whose military retirement pay is in excess of five hundred dollars per month((;

(20) Assuring that persons who are or have been employed in classified positions under chapter 41.06 RCW will be eligible for employment, reemployment, transfer, and promotion in respect to classified positions covered by this chapter; and

(21) Assuring that any person who is or has been employed in a classified position under this chapter will be eligible for employment, reemployment, transfer, and promotion in respect to classified positions at any other institution of higher education or related board.

The board shall consult with the human rights commission in the development of rules consistent with federal guidelines pertaining to affirmative action. The board shall transmit a report annually to the human rights commission which states the progress each institution of higher education has made in meeting affirmative action goals and timetables)).

Sec. 40. RCW 28B.16.101 and 1982 1st ex.s. c 53 s 19 are each amended to read as follows:

Rules adopted by the higher education personnel board shall provide for local administration and management by the institutions of higher education and related boards, subject to periodic audit and review by the board, of the following:

(1) Appointment((~~, promotion, and transfer of employees;~~

~~(2) Dismissal, suspension, or demotion of an employee~~));

((~~(3)~~)) (2) Examinations for all positions in the competitive and noncompetitive service; and

((~~(4) Probationary periods of six to twelve months and rejections therein;~~

~~(5) Sick leaves and vacations;~~

~~(6) Hours of work;~~

~~(7) Layoffs when necessary and subsequent reemployment;~~

~~(8) Allocation and reallocation of positions within the classification plans;~~

~~(9)~~)) (3) Training programs((~~; and~~

~~(10) Maintenance of personnel records~~)).

NEW SECTION. Sec. 41. A new section is added to chapter 28B.16 RCW to read as follows:

The personnel director of the board shall recommend salary schedules for new and revised classes in the classification plan adopted by the higher education personnel board. The recommendations must be published in the twenty-day notice accompanying the proposed new or revised class. Salary schedule recommendations by the director become effective on the effective date of the amendments to the classification plan and remain in effect until approved, amended, or revised by the joint labor management board under section 10 of this act.

NEW SECTION. Sec. 42. All powers, duties, and functions of the higher education personnel board pertaining to labor relations functions are transferred to the public employment relations commission. All references to the director or higher education personnel board in the Revised Code of Washington shall be construed to mean the director or public employment relations commission when referring to the functions transferred in this section.

NEW SECTION. Sec. 43. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the higher education personnel board pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the public employment relations commission. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the higher education personnel board in carrying out the powers, functions, and duties transferred shall be made available to the public employment relations commission. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the public employment relations commission.

Any appropriations made to the higher education personnel board for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the public employment relations commission.

NEW SECTION. Sec. 44. All employees of the higher education personnel board engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the public employment relations commission. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the public employment relations commission upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

NEW SECTION. Sec. 45. All rules and all pending business before the higher education personnel board pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the public employment relations commission. All existing contracts and obligations shall remain in full force and shall be performed by the public employment relations commission.

NEW SECTION. Sec. 46. The transfer of the powers, duties, functions, and personnel of the higher education personnel board shall not affect the validity of any act performed prior to the effective date of this section.

NEW SECTION. Sec. 47. If apportionments of budgeted funds are required because of the transfers directed by sections 43 through 46 of this act, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

NEW SECTION. Sec. 48. Nothing contained in sections 42 through 47 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

NEW SECTION. Sec. 49. The following acts or parts of acts are each repealed:

(1) RCW 28B.16.120 and 1969 ex.s. c 36 s 12;

(2) RCW 28B.16.130 and 1969 ex.s. c 36 s 13;

(3) RCW 28B.16.140 and 1969 ex.s. c 36 s 14;

(4) RCW 28B.16.150 and 1969 ex.s. c 36 s 15;

(5) RCW 28B.16.160 and 1988 c 202 s 27, 1971 c 81 s 72, & 1969 ex.s. c 36 s 16;

(6) RCW 28B.16.170 and 1969 ex.s. c 36 s 26;

(7) RCW 28B.16.230 and 1973 c 62 s 6 & 1969 ex.s. c 215 s 14;

(8) RCW 28B.16.255 and 1985 c 461 s 11;

(9) RCW 28B.16.265 and 1985 c 461 s 12;

(10) RCW 28B.16.275 and 1985 c 461 s 13;

(11) RCW 41.06.170 and 1981 c 311 s 19, 1975-'76 2nd ex.s. c 43 s 3, & 1961 c 1 s 17;

(12) RCW 41.06.176 and 1985 c 461 s 4;

(13) RCW 41.06.186 and 1985 c 461 s 5;

(14) RCW 41.06.196 and 1985 c 461 s 6;

(15) RCW 41.06.230 and 1961 c 1 s 23;

(16) RCW 41.06.300 and 1969 c 45 s 1;

(17) RCW 41.06.310 and 1969 c 45 s 2;

(18) RCW 41.06.320 and 1969 c 45 s 3;

(19) RCW 41.06.330 and 1969 c 45 s 4;

(20) RCW 41.06.340 and 1969 ex.s. c 215 s 13;

(21) RCW 41.06.475 and 1986 c 269 s 2;

(22) RCW 41.64.010 and 1981 c 311 s 1;

(23) RCW 41.64.020 and 1981 c 311 s 3;

(24) RCW 41.64.030 and 1984 c 287 s 73, 1984 c 34 s 4, & 1981 c 311 s 4;

(25) RCW 41.64.040 and 1981 c 311 s 5;

(26) RCW 41.64.050 and 1981 c 311 s 6;

(27) RCW 41.64.060 and 1981 c 311 s 7;

(28) RCW 41.64.070 and 1981 c 311 s 8;

(29) RCW 41.64.080 and 1981 c 311 s 9;

(30) RCW 41.64.090 and 1981 c 311 s 10;

(31) RCW 41.64.100 and 1981 c 311 s 11;

(32) RCW 41.64.110 and 1985 c 461 s 7 & 1981 c 311 s 12;

(33) RCW 41.64.120 and 1981 c 311 s 13;

(34) RCW 41.64.130 and 1981 c 311 s 14;

(35) RCW 41.64.140 and 1988 c 202 s 42 & 1981 c 311 s 15;

(36) RCW 41.64.900 and 1981 c 311 s 2; and

(37) RCW 41.64.910 and 1981 c 311 s 24.

NEW SECTION. Sec. 50. Sections 2 through 10 of this act shall constitute a new chapter in Title 41 RCW.

NEW SECTION. Sec. 51. (1) Sections 15, 17, and 18 of this act are each added to chapter 41.56 RCW.

(2) Sections 24 and 25 of this act are each added to chapter 41.06 RCW.

(3) Sections 32 and 42 of this act are each added to chapter 41.58 RCW.

NEW SECTION. Sec. 52. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 53. State employees who are represented by an exclusive bargaining representative on June 30, 1993, shall retain all rights, benefits, and union security provisions that were in effect on June 30, 1993, until the rights, benefits, and union security provisions are modified by or incorporated into a collective bargaining agreement entered into after the effective date of this act. Collective bargaining agreements or provisions negotiated or concluded under this act are allowed to become effective retroactive to July 1, 1993.

NEW SECTION. Sec. 54. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1993.