CERTIFICATION OF ENROLLMENT

 

              ENGROSSED SUBSTITUTE HOUSE BILL 1730

 

 

 

 

 

 

 

                        54th Legislature

                      1995 Regular Session

Passed by the House April 20, 1995

  Yeas 88   Nays 8

 

 

 

 

Speaker of the

       House of Representatives

 

Passed by the Senate April 15, 1995

  Yeas 36   Nays 12

               CERTIFICATE

 

I, Timothy A. Martin, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 1730 as passed by the House of Representatives and the Senate on the dates hereon set forth.

 

 

 

 

President of the Senate

 

                               Chief Clerk

 

 

Approved Place Style On Codes above, and Style Off Codes below.

                                     FILED

          

 

 

Governor of the State of Washington

                        Secretary of State

                       State of Washington


                  _______________________________________________

 

                       ENGROSSED SUBSTITUTE HOUSE BILL 1730

                  _______________________________________________

 

                             AS AMENDED BY THE SENATE

 

                     Passed Legislature - 1995 Regular Session

 

State of Washington              54th Legislature             1995 Regular Session

 

By House Committee on Commerce & Labor (originally sponsored by Representative Benton)

 

Read first time 03/01/95.

 

Revising provisions regarding interest arbitration for law enforcement officers employed by cities, towns, or counties.



     AN ACT Relating to interest arbitration for law enforcement officers employed by cities, towns, or counties; amending RCW 41.56.465; reenacting and amending RCW 41.56.030; creating a new section; repealing RCW 41.56.460; providing an effective date; and declaring an emergency.

 

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

 

     Sec. 1.  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.

     (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; (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; (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; (vi) employees of fire departments of public employers who dispatch exclusively either fire or emergency medical services, or both; or (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:  (a)(i) Until July 1, 1997, 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) beginning on July 1, 1997, law enforcement officers as defined in RCW 41.26.030 employed by the governing body of any city or town with a population of two thousand five hundred or more and law enforcement officers employed by the governing body of any county with a population of ten thousand or more; (b) 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))) (c) 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; (((iv))) (d) security forces established under RCW 43.52.520; (((v))) (e) fire fighters as that term is defined in RCW 41.26.030; (((vi))) (f) 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; (((vii))) (g) employees of fire departments of public employers who dispatch exclusively either fire or emergency medical services, or both; or (((viii))) (h) 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. 2.  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))) (a) through (((iii))) (d), 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))) (e) through (((vii))) (h), 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))) (a) 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. 3.  The senate committee on ways and means and the house of representatives committee on appropriations shall jointly compile a report to the legislature by December 15, 1996, which shall analyze and review all arbitration awards made involving law enforcement officers under chapter 41.56 RCW since enactment of binding arbitration procedures for law enforcement officers in 1973.  This review shall include a brief procedural history of each arbitration including the date, the identity of the parties, the evidence and arguments presented by the parties, the names of the members of the arbitration panel, and the findings and final determination of the issues in dispute.

 

     NEW SECTION.  Sec. 4.  RCW 41.56.460 and 1993 c 517 s 10, 1993 c 502 s 5, 1993 c 398 s 2, & 1993 c 397 s 2 are each repealed.

 

     NEW SECTION.  Sec. 5.  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 shall take effect July 1, 1995.

 


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