H-4429.2          _______________________________________________

                                  HOUSE BILL 2851

                  _______________________________________________

State of Washington              54th Legislature             1996 Regular Session

By Representatives Sehlin, McMorris, Ballasiotes and Silver

Read first time 01/23/96.  Referred to Committee on Commerce & Labor.

Limiting collective bargaining agreements of department of corrections.

     AN ACT Relating to collective bargaining agreements of department of corrections; and amending RCW 41.06.150.

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

     Sec. 1.  RCW 41.06.150 and 1995 2nd sp.s. c 18 s 911 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 six 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) Examinations for all positions in the competitive and noncompetitive service;

     (4) Appointments;

     (5) Training and career development;

     (6) Probationary periods of six to twelve months and rejections of probationary employees, 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) Collective bargaining, including:

(a) Determination of appropriate bargaining units within any agency((:  PROVIDED, That in making such determination the board shall consider)) taking into consideration 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))) (b) Certification and decertification of exclusive bargaining representatives((:  PROVIDED, That)), subject to the following:

(i) 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));

(ii) 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)) the condition of employment((:  PROVIDED FURTHER, That)) authorized in (b)(i) of this subsection;

(iii) For purposes of this ((clause)) subsection (11)(b), 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)); and

(iv) 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))) (c) Requirements for collective bargaining agreements, subject to the following:

(i) Agreements between agencies and certified exclusive bargaining representatives ((providing)) may provide 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, except that an agreement entered into, renewed, or extended on or after the effective date of this section by the department of corrections may not include any provision prohibiting or limiting the contracting or subcontracting of services related to the construction or operation of a prison for which funds are appropriated in a state capital budget for original planning or construction that begins on or after the effective date of this section or for which funds were appropriated in section 274, chapter 16, Laws of 1995 2nd ex. sess.; and

     (((14))) (ii) 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));

(d) Nothing contained ((herein)) in this subsection (11)  permits or grants to any employee the right to strike or refuse to perform his or her official duties;

     (((15))) (12) 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.  The board shall not adopt job classification revisions or class studies unless implementation of the proposed revision or study will result in net cost savings, increased efficiencies, or improved management of personnel or services, and the proposed revision or study has been approved by the director of financial management in accordance with chapter 43.88 RCW.  Beginning July 1, 1995, through June 30, 1997:

     (a) The board may approve the implementation of salary increases resulting from adjustments to the classification plan during the 1995-97 fiscal biennium only if:

     (i) The implementation will not result in additional net costs and the proposed implementation has been approved by the director of financial management in accordance with chapter 43.88 RCW;

     (ii) The implementation will take effect on July 1, 1996, and the total net cost of all such actions approved by the board for implementation during the 1995-97 fiscal biennium does not exceed the amounts specified by the legislature specifically for this purpose; or

     (iii) The implementation is a result of emergent conditions.  Emergent conditions are defined as newly mandated programs for which moneys are not appropriated, establishment of positions necessary for the preservation of the public health, safety, or general welfare, and related issues which do not exceed $250,000 of the moneys identified in section 718(2), chapter 18, Laws of 1995 2nd sp. sess.

     (b) The board may approve the implementation of salary increases resulting from adjustments to the classification plan for implementation in the 1997-99 fiscal biennium only if the implementation will not result in additional net costs or the implementation has been approved by the legislature in the omnibus appropriations act or other legislation.

     (c) The board shall approve only those salary increases resulting from adjustments to the classification plan if they are due to documented recruitment and retention difficulties, salary compression or inversion, increased duties and responsibilities, or inequities.  For these purposes, inequities are defined as similar work assigned to different job classes with a salary disparity greater than 7.5 percent.

     (d) Adjustments made to the higher education hospital special pay plan are exempt from (a) through (c) of this subsection;

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

     (((17))) (14) 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 and that, for institutions of higher education and related boards, shall be competitive for positions of a similar nature in the state or the locality in which an institution of higher education or related board is located, such adoption and revision subject to approval by the director of financial management in accordance with the provisions of chapter 43.88 RCW;

     (((18))) (15) 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))) (16) 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 surviving spouses by giving such eligible veterans and their surviving spouses 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 surviving spouse 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))) (17) 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))) (18) Assuring persons who are or have been employed in classified positions before July 1, 1993, will be eligible for employment, reemployment, transfer, and promotion in respect to classified positions covered by this chapter;

     (((22))) (19) 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.

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