H-1025.1  _______________________________________________

                          HOUSE BILL 1793

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Representatives Delvin, Conway, Scott, R. Fisher, Chopp, Kremen, Campbell, Mason, Costa, Valle, Dickerson, Patterson, Cody, Poulsen, Ogden and Ebersole

Read first time 02/08/95.  Referred to Committee on Commerce & Labor.

Providing for state patrol wage bargaining.

    AN ACT Relating to state patrol wage bargaining; amending RCW 41.56.020, 41.56.450, 41.56.465, and 41.56.475; amending 1993 c 398 s 5 (uncodified); reenacting and amending RCW 41.56.030 and 41.56.460; adding new sections to chapter 41.56 RCW; providing an effective date; and declaring an emergency.

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

    Sec. 1.  RCW 41.56.020 and 1994 c 297 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, 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.))  The Washington state bar association shall be considered a public employer of its employees.

NEW SECTION. Sec. 2.  This chapter shall apply to Washington state patrol officers appointed under RCW 43.43.020.

    Sec. 3.  RCW 41.56.030 and 1993 c 398 s 1, 1993 c 397 s 1, and 1993 c 379 s 302 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, 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.  The public employer of Washington state patrol officers for wage-related matters is the governor or the governor's designee, and the public employer for nonwage-related matters is the state patrol.

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

    (7)(a) Until July 1, 1995, "uniformed personnel" means:  (i) Law enforcement officers as defined in RCW 41.26.030 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; (ii) fire fighters as that term is defined in RCW 41.26.030; ((or (c))) (iii) correctional employees who are uniformed and nonuniformed, commissioned and noncommissioned security personnel employed in a jail as defined in RCW 70.48.020(5), by a county with a population of seventy thousand or more, and who are trained for and charged with the responsibility of controlling and maintaining custody of inmates in the jail and safeguarding inmates from other inmates; (iv) security forces established under RCW 43.52.520; (((iv))) (v) employees of a port district in a county with a population of one million or more whose duties include crash fire rescue or other fire fighting duties; (((v))) (vi) employees of fire departments of public employers who dispatch exclusively either fire or emergency medical services, or both; or (((vi))) (vii) employees in the several classes of advanced life support technicians, as defined in RCW 18.71.200, who are employed by a public employer.

    (b) Beginning on July 1, 1995, "uniformed personnel" means:  (i) Law enforcement officers as defined in RCW 41.26.030 employed by the governing body of any city or town with a population of seven thousand five hundred or more and law enforcement officers employed by the governing body of any county with a population of thirty-five thousand or more; (ii) correctional employees who are uniformed and nonuniformed, commissioned and noncommissioned security personnel employed in a jail as defined in RCW 70.48.020(5), by a county with a population of seventy thousand or more, and who are trained for and charged with the responsibility of controlling and maintaining custody of inmates in the jail and safeguarding inmates from other inmates; (iii) general authority Washington peace officers as defined in RCW 10.93.020 employed by a port district in a county with a population of one million or more; (((iii))) (iv) security forces established under RCW 43.52.520; (((iv))) (v) fire fighters as that term is defined in RCW 41.26.030; (((v))) (vi) employees of a port district in a county with a population of one million or more whose duties include crash fire rescue or other fire fighting duties; (((vi))) (vii) employees of fire departments of public employers who dispatch exclusively either fire or emergency medical services, or both; or (((vii))) (viii) employees in the several classes of advanced life support technicians, as defined in RCW 18.71.200, who are employed by a public employer.

    (8) "Institution of higher education" means the University of Washington, Washington State University, Central Washington University, Eastern Washington University, Western Washington University, The Evergreen State College, and the various state community colleges.

    Sec. 4.  RCW 41.56.450 and 1983 c 287 s 2 are each amended to read as follows:

    If an agreement has not been reached following a reasonable period of negotiations and mediation, and the executive director, upon the recommendation of the assigned mediator, finds that the parties remain at impasse, then an interest arbitration panel shall be created to resolve the dispute.  The issues for determination by the arbitration panel shall be limited to the issues certified by the executive director.  Within seven days following the issuance of the determination of the executive director, each party shall name one person to serve as its arbitrator on the arbitration panel.  The two members so appointed shall meet within seven days following the appointment of the later appointed member to attempt to choose a third member to act as the neutral chairman of the arbitration panel.  Upon the failure of the arbitrators to select a neutral chairman within seven days, the two appointed members shall use one of the two following options in the appointment of the third member, who shall act as chairman of the panel:  (1) By mutual consent, the two appointed members may jointly request the commission, and the commission shall appoint a third member within two days of such request.  Costs of each party's appointee shall be borne by each party respectively; other costs of the arbitration proceedings shall be borne by the commission; or (2) either party may apply to the commission, the federal mediation and conciliation service, or the American Arbitration Association to provide a list of five qualified arbitrators from which the neutral chairman shall be chosen.  Each party shall pay the fees and expenses of its arbitrator, and the fees and expenses of the neutral chairman shall be shared equally between the parties.

    The arbitration panel so constituted shall promptly establish a date, time, and place for a hearing and shall provide reasonable notice thereof to the parties to the dispute.  A hearing, which shall be informal, shall be held, and each party shall have the opportunity to present evidence and make argument.  No member of the arbitration panel may present the case for a party to the proceedings.  The rules of evidence prevailing in judicial proceedings may be considered, but are not binding, and any oral testimony or documentary evidence or other data deemed relevant by the chairman of the arbitration panel may be received in evidence.  A recording of the proceedings shall be taken.  The arbitration panel has the power to administer oaths, require the attendance of witnesses, and require the production of such books, papers, contracts, agreements, and documents as may be deemed by the panel to be material to a just determination of the issues in dispute.  If any person refuses to obey a subpoena issued by the arbitration panel, or refuses to be sworn or to make an affirmation to testify, or any witness, party, or attorney for a party is guilty of any contempt while in attendance at any hearing held hereunder, the arbitration panel may invoke the jurisdiction of the superior court in the county where the labor dispute exists, and the court has jurisdiction to issue an appropriate order.  Any failure to obey the order may be punished by the court as a contempt thereof.  The hearing conducted by the arbitration panel shall be concluded within twenty-five days following the selection or designation of the neutral chairman of the arbitration panel, unless the parties agree to a longer period.

    The neutral chairman shall consult with the other members of the arbitration panel, and, within thirty days following the conclusion of the hearing, the neutral chairman shall make written findings of fact and a written determination of the issues in dispute, based on the evidence presented.  A copy thereof shall be served on the commission, on each of the other members of the arbitration panel, and on each of the parties to the dispute.  Except as provided in sections 7 and 8 of this act, that determination shall be final and binding upon both parties, subject to review by the superior court upon the application of either party solely upon the question of whether the decision of the panel was arbitrary or capricious.

    Sec. 5.  RCW 41.56.460 and 1993 c 517 s 10, 1993 c 502 s 5, 1993 c 398 s 2, and 1993 c 397 s 2 are each reenacted and amended to read as follows:

    (1) In making its determination, the panel shall be mindful of the legislative purpose enumerated in RCW 41.56.430 and as additional standards or guidelines to aid it in reaching a decision, it shall take into consideration the following factors:

    (a) The constitutional and statutory authority of the employer;

    (b) Stipulations of the parties;

    (c)(i) For employees listed in RCW 41.56.030(7)(a)(i) ((and (c))), (iii), and (iv), comparison of the wages, hours and conditions of employment of personnel involved in the proceedings with the wages, hours, and conditions of employment of like personnel of like employers of similar size on the west coast of the United States;

    (ii) For employees listed in RCW 41.56.030(7)(a)(ii) and ((iv)) (v) through ((vi)) (vii), comparison of the wages, hours, and conditions of employment of personnel involved in the proceedings with the wages, hours, and conditions of employment of like personnel of public fire departments of similar size on the west coast of the United States.  However, when an adequate number of comparable employers exists within the state of Washington, other west coast employers shall not be considered;

    (d) The average consumer prices for goods and services, commonly known as the cost of living;

    (e) Changes in any of the foregoing circumstances during the pendency of the proceedings; and

    (f) Such other factors, not confined to the foregoing, which are normally or traditionally taken into consideration in the determination of wages, hours and conditions of employment.

    (2) ((Nothing in)) Subsection (1)(c) of this section ((shall)) may not be construed to authorize the panel to require the employer to pay, directly or indirectly, the increased employee contributions resulting from chapter 502, Laws of 1993 or chapter 517, Laws of 1993, as required under chapter 41.26 RCW.

    Sec. 6.  RCW 41.56.465 and 1993 c 398 s 3 are each amended to read as follows:

(1) In making its determination, the panel shall be mindful of the legislative purpose enumerated in RCW 41.56.430 and, as additional standards or guidelines to aid it in reaching a decision, it shall take into consideration the following factors:

    (((1))) (a) The constitutional and statutory authority of the employer;

    (((2))) (b) Stipulations of the parties;

    (((3)(a))) (c)(i) For employees listed in RCW 41.56.030(7)(b)(i) through (((iii))) (iv), comparison of the wages, hours, and conditions of employment of personnel involved in the proceedings with the wages, hours, and conditions of employment of like personnel of like employers of similar size on the west coast of the United States;

    (((b))) (ii) For employees listed in RCW 41.56.030(7)(b)(((iv)))(v) through (((vii))) (viii), comparison of the wages, hours, and conditions of employment of personnel involved in the proceedings with the wages, hours, and conditions of employment of like personnel of public fire departments of similar size on the west coast of the United States.  However, when an adequate number of comparable employers exists within the state of Washington, other west coast employers may not be considered;

    (((4))) (d) The average consumer prices for goods and services, commonly known as the cost of living;

    (((5))) (e) Changes in any of the circumstances under ((subsections (1))) (a) through (((4))) (d) of this ((section)) subsection during the pendency of the proceedings; and

    (((6))) (f) Such other factors, not confined to the factors under ((subsections (1))) (a) through (((5))) (e) of this ((section)) subsection, that are normally or traditionally taken into consideration in the determination of wages, hours, and conditions of employment.  For those employees listed in RCW 41.56.030(7)(b)(i) who are employed by the governing body of a city or town with a population of less than fifteen thousand, or a county with a population of less than seventy thousand, consideration must also be given to regional differences in the cost of living.

(2) Subsection (1)(c) of this section may not be construed to authorize the panel to require the employer to pay, directly or indirectly, the increased employee contributions resulting from chapter 502, Laws of 1993 or chapter 517, Laws of 1993 as required under chapter 41.26 RCW.

NEW SECTION. Sec. 7.  A collective bargaining agreement negotiated or determined between Washington state patrol officers and their employers prior to approval by the legislature of the funds necessary to implement the agreement must be conditioned upon subsequent approval by the legislature of the funds.

NEW SECTION. Sec. 8.  When an agreement is reached or arbitration determination is made between Washington state patrol officers and their employers, the governor's office shall submit to the legislature a request for funds necessary to implement the wage-related provisions of the agreement or determination within ten days of the date of the agreement or determination or, if the legislature is not in session, within ten days after the legislature next convenes.  If the legislature approves funding of an amount other than that requested by the governor in his or her submission, the parties shall, within ten days, commence negotiation of a substitute contract.  The negotiation must be under RCW 41.56.440 through 41.56.452 and 41.56.470 through 41.56.490.  If, under these procedures, the matter is submitted for arbitration, the determination of the arbitration panel is final and binding on both parties, subject to review by the superior court upon the application of either party solely upon the question of whether the decision of the panel was arbitrary or capricious.  The substitute contract may not contain wage-related terms inconsistent with the funding amount approved by the legislature.

    Sec. 9.  RCW 41.56.475 and 1993 c 351 s 1 are each amended to read as follows:

    In addition to the classes of employees listed in RCW 41.56.030(7), the provisions of RCW 41.56.430 through 41.56.452 and 41.56.470, 41.56.480, and 41.56.490 also apply to Washington state patrol officers appointed under RCW 43.43.020 as provided in this section, subject to the following:

    (((1) The mediator shall not consider wages and wage-related matters.

    (2))) In making its determination, the arbitration panel shall be mindful of the legislative purpose enumerated in RCW 41.56.430 and, as additional standards or guidelines to aid it in reaching a decision, shall take into consideration the following factors:

    (((a))) (1) The constitutional and statutory authority of the employer;

    (((b))) (2) Stipulations of the parties;

    (((c))) (3) Comparison of the wages, hours, and conditions of employment of personnel involved in the proceedings with the hours and conditions of employment of like personnel of like employers of similar size on the west coast of the United States;

    (((d))) (4) The average consumer price for goods and services, commonly known as the cost of living;

(5) Changes in any of the foregoing circumstances during the pendency of the proceedings; and

    (((e))) (6) Such other factors, not confined to the foregoing, which are normally or traditionally taken into consideration in the determination of hours and conditions of employment.

    Sec. 10.  1993 c 398 s 5 (uncodified) is amended to read as follows:

    RCW 41.56.460 and ((1988 c 110 s 1, 1987 c 521 s 2, 1983 c 287 s 4, 1979 ex.s. c 184 s 3, & 1973 c 131 s 5)) 1995 c --- s 5 (section 5 of this act) are each repealed.

NEW SECTION. Sec. 11.  Sections 2, 7, and 8 of this act shall each be added to chapter 41.56 RCW.

NEW SECTION. Sec. 12.  Sections 6 and 10 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995.

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