Z-0888.1 _______________________________________________
SENATE BILL 5841
_______________________________________________
State of Washington 54th Legislature 1995 Regular Session
By Senators Pelz, Winsley, Gaspard, Roach, Snyder, Loveland, Rinehart, McAuliffe, Spanel, Heavey, Franklin, Bauer, Smith, Fairley, Prentice, Fraser, Kohl, Quigley, Rasmussen, Sutherland, Sheldon, Drew, Wojahn, West, Wood, C. Anderson and Moyer; by request of Governor Lowry
Read first time 02/08/95. Referred to Committee on Labor, Commerce & Trade.
AN ACT Relating to personnel; amending RCW 41.06.030, 41.06.150, 41.06.022, 41.06.070, 41.06.110, 41.06.160, 41.06.167, 41.06.170, 41.06.186, 41.06.196, 41.06.270, 41.06.350, 41.06.400, 41.06.410, 41.06.450, 41.06.475, 41.06.490, 28B.12.060, 34.05.030, 34.12.020, 41.04.340, 41.50.804, 43.06.425, 43.33A.100, 43.131.090, 49.46.010, 28B.16.015, 41.06.340, 13.40.320, 39.29.006, 41.04.385, and 47.46.030; reenacting and amending RCW 41.06.150; adding new sections to chapter 41.06 RCW; adding a new chapter to Title 41 RCW; creating new sections; repealing RCW 41.06.163, 41.06.165, 41.06.140, 41.50.804, 41.06.520, 28B.16.015, 41.06.380, 41.06.382, 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, and 41.64.910; and providing effective dates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
PART I
TITLE
NEW SECTION. Sec. 101. SHORT TITLE. This act may be known and cited as the personnel system reform act of 1995.
PART II
CIVIL SERVICE REFORM
Sec. 201. RCW 41.06.030 and 1993 c 281 s 20 are each amended to read as follows:
A department of
personnel((, governed by the Washington personnel resources board and
administered by a director of personnel,)) is hereby established as a
separate agency within the state government.
Sec. 202. RCW 41.06.150 and 1993 sp.s. c 24 s 913 and 1993 c 281 s 27 are each reenacted and 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)(a) 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))) (b)
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))) (c)
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))) (d)
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))) (e)
A collective bargaining agreement entered into under this subsection before
July 1, 1996, covering employees subject to sections 319 through 324 of this
act, that expires after July 1, 1996, shall remain in full force during its
duration, or until superseded by a collective bargaining agreement entered into
by the parties under sections 319 through 324 of this act, however an agreement
entered into before July 1, 1996, may not be renewed or extended beyond July 1,
1997. This subsection (11) does not apply to collective bargaining
negotiations or collective bargaining agreements entered into under sections
319 through 324 of this act;
(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. However, beginning July 1, 1993, through June 30, 1995, 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;
(((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. However,
beginning July 1, 1993, through June 30, 1995, increment increases shall not be
provided to any classified or exempt employees under the jurisdiction of the
board whose monthly salary on or after July 1, 1993, exceeds three thousand
seven hundred fifty dollars;
(((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 under
chapter 28B.16 RCW 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.
Sec. 203. RCW 41.06.150 and 1995 c ... s 202 (section 202 of this act) are each amended to read as follows:
The ((board)) director
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))) (2)
Examinations for all positions in the competitive and noncompetitive service;
(((4))) (3)
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)(a)
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;
(b) 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;
(c) 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;
(d) 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;
(e) A collective
bargaining agreement entered into under this subsection before July 1, 1996,
covering employees subject to sections 319 through 324 of this act, that
expires after July 1, 1996, shall remain in full force during its duration, or
until superseded by a collective bargaining agreement entered into by the
parties under sections 319 through 324 of this act, however an agreement
entered into before July 1, 1996, may not be renewed or extended beyond July 1,
1997. This subsection (11) does not apply to collective bargaining
negotiations or collective bargaining agreements entered into under sections
319 through 324 of this act;
(12))) (4) Adoption and revision of a
comprehensive classification plan, in accordance with rules adopted by the
board under section 204 of this act, for all positions in the classified
service, based on investigation and analysis of the duties and responsibilities
of each such position and allocation and reallocation of positions within
the classification plan. However, beginning July 1, 1993, through June 30,
1995, the ((board)) director 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;
(((13) Allocation
and reallocation of positions within the classification plan;
(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;
(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. However, beginning July
1, 1993, through June 30, 1995, increment increases shall not be provided to
any classified or exempt employees under the jurisdiction of the board whose
monthly salary on or after July 1, 1993, exceeds three thousand seven hundred
fifty dollars;
(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;
(17))) (5) 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;
(((18))) (6)
Assuring persons who are or have been employed in classified positions under
chapter 28B.16 RCW before July 1, 1993, will be eligible for employment,
reemployment, transfer, and promotion in respect to classified positions covered
by this chapter;
(((19))) (7)
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)) director
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.
Rules adopted pursuant to this section by the director shall provide for local administration and management by the institutions of higher education and related boards, subject to periodic audit and review by the director.
Rules adopted pursuant to this section and its provisions may not be superseded by the provisions of collective bargaining agreements negotiated pursuant to sections 319 through 324 of this act.
NEW SECTION. Sec. 204. A new section is added to chapter 41.06 RCW to read as follows:
The director 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 reduction, dismissal, suspension, or demotion of an employee;
(2) Training and career development;
(3) 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;
(4) Transfers;
(5) Promotional preferences;
(6) Sick leaves and vacations;
(7) Hours of work;
(8) Layoffs when necessary and subsequent reemployment, except for the financial basis for layoffs;
(9) The number of names to be certified for vacancies;
(10) Adoption and revision of a state salary schedule to reflect the prevailing rates in Washington state private industries and other governmental units. 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, 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 is subject to approval by the director of financial management in accordance with chapter 43.88 RCW;
(11) 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. However, beginning July 1, 1993, through June 30, 1995, increment increases shall not be provided to any classified or exempt employees under the jurisdiction of the director whose monthly salary on or after July 1, 1993, exceeds three thousand seven hundred fifty dollars;
(12) 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 director, 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. However, the surviving spouse of a veteran is entitled to the benefits of this section regardless of the veteran's length of active military service. 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.
Rules adopted under this section by the director shall provide for local administration and management by the institutions of higher education and related boards, subject to periodic audit and review by the director.
Rules adopted by the director under this section may be superseded by the provisions of a collective bargaining agreement negotiated pursuant to sections 319 through 324 of this act. The supersession of such rules shall only effect employees in the respective collective bargaining units.
NEW SECTION. Sec. 205. A new section is added to chapter 41.06 RCW to read as follows:
(1) The board shall conduct a comprehensive review of all rules in effect on the effective date of this section governing the classification, allocation, and reallocation of positions within the classified service. In conducting this review, the board shall consult with state agencies, institutions of higher education, employee organizations, and members of the general public. The department shall assist the board in the conduct of this review, which shall be completed by the board no later than July 1, 1996.
(2) By September 15, 1996, the board shall adopt new rules governing the classification, allocation, and reallocation of positions in the classified service. In adopting such rules, the board shall adhere to the following goals:
(a) To improve the effectiveness and efficiency of the delivery of services to the citizens of the state through the use of current personnel management processes and to promote a workplace where the overall focus is on the recipient of governmental services;
(b) To develop a simplified classification system that will substantially reduce the number of job classifications in the classified service and facilitate the most effective use of the state personnel resources;
(c) To develop a classification system to permit state agencies to respond flexibly to changing technologies, economic and social conditions, and the needs of its citizens;
(d) To value workplace diversity;
(e) To facilitate the reorganization and decentralization of governmental services; and
(f) To enhance mobility and career advancement opportunities.
(3) Rules adopted by the board under subsection (2) of this section shall permit an appointing authority and an employee organization representing classified employees of the appointing authority for collective bargaining purposes to make a joint request for the initiation of a classification study.
NEW SECTION. Sec. 206. A new section is added to chapter 41.06 RCW to read as follows:
In accordance with rules adopted by the board under section 205 of this act, the director shall, by March 15, 1997, begin to implement a new classification system for positions in the classified service. Any employee who believes that the director has incorrectly applied the rules of the board in determining a job classification for a job held by that employee may appeal the director's decision to the board by filing a notice in writing within thirty days of the action from which the appeal is taken. Decisions of the board concerning such appeals are final.
Sec. 207. RCW 41.06.022 and 1993 c 281 s 8 are each amended to read as follows:
For purposes of this chapter, "manager" means any employee who:
(1) Formulates state-wide policy or directs the work of an agency or agency subdivision;
(2) Is responsible to administer one or more state-wide policies or programs of an agency or agency subdivision;
(3) Manages, administers, and controls a local branch office of an agency or agency subdivision, including the physical, financial, or personnel resources;
(4) Has substantial responsibility in personnel administration, legislative relations, public information, or the preparation and administration of budgets; or
(5) Functionally is above the first level of supervision and exercises authority that is not merely routine or clerical in nature and requires the consistent use of independent judgment.
No employee who is a member of the Washington management service as defined by the effect of this section may be included in a collective bargaining unit established under this chapter.
NEW SECTION. Sec. 208. A new section is added to chapter 41.06 RCW to read as follows:
(1) A department, agency, or institution of higher education may purchase services provided by employees in classified service under this chapter by contracting with individuals, nonprofit organizations, businesses, or other entities. Nothing in this act shall be interpreted as meaning that the decision to contract out services shall be subject to collective bargaining.
(2) Any provision contrary to or in conflict with this section in any collective bargaining agreement in effect on the effective date of this section is not effective beyond the expiration date of the agreement.
(3) This section does not apply to the purchase of services or to any contracting for services that was authorized by law prior to the effective date of this section.
(4) Any department, agency, or institution of higher education that intends to purchase services under this act shall notify any exclusive bargaining representative who represents any employee whose employment status will be directly affected by such a contract. The exclusive bargaining representative shall have the right to offer alternatives to the proposed contract and such alternatives shall be considered by the department, agency, or institution of higher education in making the final decision to contract out services.
Sec. 209. RCW 41.06.070 and 1994 c 264 s 13 are each amended to read as follows:
(1) The provisions of this chapter do not apply to:
(a) The members of the legislature or to any employee of, or position in, the legislative branch of the state government including members, officers, and employees of the legislative council, legislative budget committee, statute law committee, and any interim committee of the legislature;
(b) The justices of the supreme court, judges of the court of appeals, judges of the superior courts or of the inferior courts, or to any employee of, or position in the judicial branch of state government;
(c) Officers, academic personnel, and employees of technical colleges;
(d) The officers of the Washington state patrol;
(e) Elective officers of the state;
(f) The chief executive officer of each agency;
(g) In the departments of employment security and social and health services, the director and the director's confidential secretary; in all other departments, the executive head of which is an individual appointed by the governor, the director, his or her confidential secretary, and his or her statutory assistant directors;
(h) In the case of a multimember board, commission, or committee, whether the members thereof are elected, appointed by the governor or other authority, serve ex officio, or are otherwise chosen:
(i) All members of such boards, commissions, or committees;
(ii) If the members of the board, commission, or committee serve on a part-time basis and there is a statutory executive officer: The secretary of the board, commission, or committee; the chief executive officer of the board, commission, or committee; and the confidential secretary of the chief executive officer of the board, commission, or committee;
(iii) If the members of the board, commission, or committee serve on a full-time basis: The chief executive officer or administrative officer as designated by the board, commission, or committee; and a confidential secretary to the chair of the board, commission, or committee;
(iv) If all members of the board, commission, or committee serve ex officio: The chief executive officer; and the confidential secretary of such chief executive officer;
(i) The confidential secretaries and administrative assistants in the immediate offices of the elective officers of the state;
(j) Assistant attorneys general;
(k) Commissioned and enlisted personnel in the military service of the state;
(l) Inmate, student, part-time, or temporary employees, and part-time professional consultants, as defined by the Washington personnel resources board;
(m) The public printer or to any employees of or positions in the state printing plant;
(n) Officers and employees of the Washington state fruit commission;
(o) Officers and employees of the Washington state apple advertising commission;
(p) Officers and employees of the Washington state dairy products commission;
(q) Officers and employees of the Washington tree fruit research commission;
(r) Officers and employees of the Washington state beef commission;
(s) Officers and employees of any commission formed under chapter 15.66 RCW;
(t) Officers and employees of the state wheat commission formed under chapter 15.63 RCW;
(u) Officers and employees of agricultural commissions formed under chapter 15.65 RCW;
(v) Officers and employees of the nonprofit corporation formed under chapter 67.40 RCW;
(w) Liquor vendors
appointed by the Washington state liquor control board pursuant to RCW 66.08.050:
PROVIDED, HOWEVER, That rules adopted by the ((Washington personnel
resources board)) director of personnel pursuant to RCW 41.06.150
regarding the basis for, and procedures to be followed for, the dismissal,
suspension, or demotion of an employee, and appeals therefrom shall be fully
applicable to liquor vendors except those part time agency vendors employed by
the liquor control board when, in addition to the sale of liquor for the state,
they sell goods, wares, merchandise, or services as a self-sustaining private
retail business;
(x) Executive assistants for personnel administration and labor relations in all state agencies employing such executive assistants including but not limited to all departments, offices, commissions, committees, boards, or other bodies subject to the provisions of this chapter and this subsection shall prevail over any provision of law inconsistent herewith unless specific exception is made in such law;
(y) In each agency with fifty or more employees: Deputy agency heads, assistant directors or division directors, and not more than three principal policy assistants who report directly to the agency head or deputy agency heads;
(z) All employees of the marine employees' commission;
(aa) Up to a total of five senior staff positions of the western library network under chapter 27.26 RCW responsible for formulating policy or for directing program management of a major administrative unit. This subsection shall expire on June 30, 1997.
(2) The following classifications, positions, and employees of institutions of higher education and related boards are hereby exempted from coverage of this chapter:
(a) Members of the governing board of each institution of higher education and related boards, all presidents, vice-presidents and their confidential secretaries, administrative and personal assistants; deans, directors, and chairs; academic personnel; and executive heads of major administrative or academic divisions employed by institutions of higher education; principal assistants to executive heads of major administrative or academic divisions; other managerial or professional employees in an institution or related board having substantial responsibility for directing or controlling program operations and accountable for allocation of resources and program results, or for the formulation of institutional policy, or for carrying out personnel administration or labor relations functions, legislative relations, public information, development, senior computer systems and network programming, or internal audits and investigations; and any employee of a community college district whose place of work is one which is physically located outside the state of Washington and who is employed pursuant to RCW 28B.50.092 and assigned to an educational program operating outside of the state of Washington;
(b) ((Student,
part-time, or temporary employees, and part-time professional consultants, as
defined by the Washington personnel resources board, employed by institutions
of higher education and related boards;
(c))) The governing board of each institution, and
related boards, may also exempt from this chapter classifications involving
research activities, counseling of students, extension or continuing education
activities, graphic arts or publications activities requiring prescribed
academic preparation or special training as determined by the board: PROVIDED,
That no nonacademic employee engaged in office, clerical, maintenance, or food
and trade services may be exempted by the board under this provision;
(((d))) (c)
Printing craft employees in the department of printing at the University of
Washington.
(3) In addition to the
exemptions specifically provided by this chapter, the ((Washington personnel
resources board)) director of personnel may provide for further
exemptions pursuant to the following procedures. The governor or other
appropriate elected official may submit requests for exemption to the ((Washington
personnel resources board)) director of personnel stating the
reasons for requesting such exemptions. The ((Washington personnel
resources board)) director of personnel shall hold a public hearing,
after proper notice, on requests submitted pursuant to this subsection. If the
((board)) director of personnel determines that the position for
which exemption is requested is one involving substantial responsibility for
the formulation of basic agency or executive policy or one involving directing
and controlling program operations of an agency or a major administrative
division thereof, the ((Washington personnel resources board)) director
of personnel shall grant the request and such determination shall be final
as to any decision made before July 1, 1993. The total number of additional
exemptions permitted under this subsection shall not exceed one percent of the
number of employees in the classified service not including employees of
institutions of higher education and related boards for those agencies not
directly under the authority of any elected public official other than the governor,
and shall not exceed a total of twenty-five for all agencies under the
authority of elected public officials other than the governor. The ((Washington
personnel resources board)) director of personnel shall report to
each regular session of the legislature during an odd-numbered year all
exemptions granted under subsections (1) (x) and (y) and (2) of this section,
together with the reasons for such exemptions.
The salary and fringe
benefits of all positions presently or hereafter exempted except for the chief
executive officer of each agency, full-time members of boards and commissions,
administrative assistants and confidential secretaries in the immediate office
of an elected state official, and the personnel listed in subsections (1) (j)
through (v) and (2) of this section, shall be determined by the ((Washington
personnel resources board)) director of personnel.
Any person holding a classified position subject to the provisions of this chapter shall, when and if such position is subsequently exempted from the application of this chapter, be afforded the following rights: If such person previously held permanent status in another classified position, such person shall have a right of reversion to the highest class of position previously held, or to a position of similar nature and salary.
Any classified employee having civil service status in a classified position who accepts an appointment in an exempt position shall have the right of reversion to the highest class of position previously held, or to a position of similar nature and salary.
A person occupying an exempt position who is terminated from the position for gross misconduct or malfeasance does not have the right of reversion to a classified position as provided for in this section.
Sec. 210. RCW 41.06.110 and 1993 c 281 s 25 are each amended to read as follows:
(1) There is hereby created a Washington personnel resources board composed of three members appointed by the governor, subject to confirmation by the senate. The members of the personnel board serving June 30, 1993, shall be the members of the Washington personnel resources board, and they shall complete their terms as under the personnel board. Each odd-numbered year thereafter the governor shall appoint a member for a six-year term. Each member shall continue to hold office after the expiration of the member's term until a successor has been appointed. Persons so appointed shall have clearly demonstrated an interest and belief in the merit principle, shall not hold any other employment with the state, shall not have been an officer of a political party for a period of one year immediately prior to such appointment, and shall not be or become a candidate for partisan elective public office during the term to which they are appointed;
(2) Each member of the board shall be compensated in accordance with RCW 43.03.250. The members of the board may receive any number of daily payments for official meetings of the board actually attended. Members of the board shall also be reimbursed for travel expenses incurred in the discharge of their official duties in accordance with RCW 43.03.050 and 43.03.060.
(3) At its first meeting following the appointment of all of its members, and annually thereafter, the board shall elect a chair and vice-chair from among its members to serve one year. The presence of at least two members of the board shall constitute a quorum to transact business. A written public record shall be kept by the board of all actions of the board. The director of personnel shall serve as secretary.
(4) The board may appoint and compensate hearing officers to hear and conduct appeals until December 31, 1982. Such compensation shall be paid on a contractual basis for each hearing, in accordance with the provisions of chapter 43.88 RCW and rules adopted pursuant thereto, as they relate to personal service contracts.
Sec. 211. RCW 41.06.160 and 1993 c 281 s 29 are each amended to read as follows:
In preparing
classification and salary schedules as set forth in RCW 41.06.150 ((as now
or hereafter amended)) the department of personnel shall give full
consideration to prevailing rates in other public employment and in private
employment in this state. For this purpose the department shall undertake
comprehensive salary and fringe benefit surveys((, with such surveys to be
conducted in the year prior to the convening of every other one hundred five
day regular session of the state legislature. In the year prior to the
convening of each one hundred five day regular session during which a
comprehensive salary and fringe benefit survey is not conducted, the department
shall plan and conduct a trend salary and fringe benefit survey. This survey
shall measure average salary and fringe benefit movement for broad occupational
groups which has occurred since the last comprehensive salary and fringe
benefit survey was conducted. The results of each comprehensive and trend
salary and fringe benefit survey shall be completed and forwarded by September
30 with a recommended state salary schedule to the governor and director of
financial management for their use in preparing budgets to be submitted to the
succeeding legislature. A copy of the data and supporting documentation shall
be furnished by the department of personnel to the standing committees for
appropriations of the senate and house of representatives.
In the case of
comprehensive salary and fringe benefit surveys, the department shall furnish
the following supplementary data in support of its recommended salary schedule:
(1) A total dollar
figure which reflects the recommended increase or decrease in state salaries as
a direct result of the specific salary and fringe benefit survey that has been
conducted and which is categorized to indicate what portion of the increase or
decrease is represented by salary survey data and what portion is represented
by fringe benefit survey data;
(2) An additional
total dollar figure which reflects the impact of recommended increases or
decreases to state salaries based on other factors rather than directly on
prevailing rate data obtained through the survey process and which is
categorized to indicate the sources of the requests for deviation from
prevailing rates and the reasons for the changes;
(3) A list of class
codes and titles indicating recommended monthly salary ranges for all state
classes under the control of the department of personnel with those salary
ranges which do not substantially conform to the prevailing rates developed
from the salary and fringe benefit survey distinctly marked and an explanation
of the reason for the deviation included;
(4) A supplemental
salary schedule which indicates the additional salary to be paid state
employees for hazardous duties or other considerations requiring extra
compensation under specific circumstances. Additional compensation for these
circumstances shall not be included in the basic salary schedule but shall be
maintained as a separate pay schedule for purposes of full disclosure and
visibility; and
(5) A supplemental
salary schedule which indicates those cases where the board determines that
prevailing rates do not provide similar salaries for positions that require or
impose similar responsibilities, judgment, knowledge, skills, and working
conditions. This supplementary salary schedule shall contain proposed salary
adjustments necessary to eliminate any such dissimilarities in compensation.
Additional compensation needed to eliminate such salary dissimilarities shall
not be included in the basic salary schedule but shall be maintained as a
separate salary schedule for purposes of full disclosure and visibility.
It is the intention
of the legislature that requests for funds to support recommendations for
salary deviations from the prevailing rate survey data shall be kept to a
minimum, and that the requests be fully documented when forwarded by the
department of personnel)).
Salary and fringe benefit survey information collected from private employers which identifies a specific employer with the salary and fringe benefit rates which that employer pays to its employees shall not be subject to public disclosure under chapter 42.17 RCW.
((The first
comprehensive salary and fringe benefit survey required by this section shall
be completed and forwarded to the governor and the director of financial
management by September 30, 1986. The first trend salary and fringe benefit
survey required by this section shall be completed and forwarded to the
governor and the director of financial management by September 30, 1988.))
Sec. 212. RCW 41.06.167 and 1991 c 196 s 1 are each amended to read as follows:
The department of
personnel shall undertake comprehensive compensation surveys for officers and
entry-level officer candidates of the Washington state patrol, with such
surveys to be conducted in the year prior to the convening of every other one
hundred five day regular session of the state legislature. ((In the year
prior to the convening of each one hundred five day regular session during
which a comprehensive compensation survey is not conducted, the department
shall conduct a trend compensation survey. This survey shall measure average
compensation movement which has occurred since the last comprehensive
compensation survey was conducted. The results of each comprehensive and trend
survey shall be completed and forwarded by September 30th, after review and
preparation of recommendations by the chief of the Washington state patrol, to
the governor and director of financial management for their use in preparing
budgets to be submitted to the succeeding legislature. A copy of the data and
supporting documentation shall be furnished by the department of personnel to
the legislative transportation committee and the standing committees for
appropriations of the senate and house of representatives. The office of
financial management shall analyze the survey results and conduct
investigations which may be necessary to arbitrate differences between
interested parties regarding the accuracy of collected survey data and the use
of such data for salary adjustment.
Surveys conducted by
the department of personnel for the Washington state patrol shall be undertaken
in a manner consistent with statistically accurate sampling techniques,
including comparisons of medians, base ranges, and weighted averages of
salaries. The surveys shall compare competitive labor markets of law enforcement
officers. This service performed by the department of personnel shall be on a
reimbursable basis in accordance with the provisions of RCW 41.06.080.
A comprehensive
compensation survey plan and the recommendations of the chief of the Washington
state patrol shall be submitted jointly by the department of personnel and the
Washington state patrol to the director of financial management, the
legislative transportation committee, the committee on ways and means of the
senate, and the committee on appropriations of the house of representatives six
months before the beginning of each periodic survey.))
Sec. 213. RCW 41.06.170 and 1993 c 281 s 31 are each amended to read as follows:
(1) The ((board or))
director, in the adoption of rules governing suspensions for cause, shall not
authorize an appointing authority to suspend an employee for more than fifteen
calendar days as a single penalty or more than thirty calendar days in any one
calendar year as an accumulation of several penalties. The ((board or))
director shall require that the appointing authority give written notice to the
employee not later than one day after the suspension takes effect, stating the
reasons for and the duration thereof.
(2) Any employee who is
reduced, dismissed, suspended, or demoted, after completing his or her
probationary period of service as provided by the rules of the ((board))
director, or any employee who is adversely affected by a violation of
the state civil service law, chapter 41.06 RCW, or rules adopted under it,
shall have the right to appeal ((to the personnel appeals board created by
RCW 41.64.010)), either individually or through his or her authorized
representative, not later than thirty days after the effective date of such
action to the personnel appeals board through June 30, 1998, and to the
Washington personnel resources board after June 30, 1998. The employee
shall be furnished with specified charges in writing when a reduction,
dismissal, suspension, or demotion action is taken. Such appeal shall be in
writing. The decision of the Washington personnel resources board shall be
final.
(3) Any employee whose
position has been exempted after July 1, 1993, shall have the right to appeal
((to the personnel appeals board created by RCW 41.64.010)), either
individually or through his or her authorized representative, not later
than thirty days after the effective date of such action to the personnel
appeals board through June 30, 1998, and to the Washington personnel resources
board after June 30, 1998.
(4) An employee
incumbent in a position at the time of its allocation or reallocation, or the
agency utilizing the position, may appeal the allocation or reallocation to the
personnel appeals board ((created by RCW 41.64.010)) through March
14, 1997, and to the Washington personnel resources board after March 14, 1997.
Notice of such appeal must be filed in writing within thirty days of the action
from which appeal is taken.
(5) Subsections (1) and (2) of this section do not apply to any employee who is subject to the provisions of a collective bargaining agreement negotiated under sections 319 through 324 of this act.
Sec. 214. RCW 41.06.186 and 1993 c 281 s 32 are each amended to read as follows:
The ((Washington
personnel resources board)) director shall adopt rules designed to
terminate the state employment of any employee whose performance is so
inadequate as to warrant termination.
Sec. 215. RCW 41.06.196 and 1993 c 281 s 33 are each amended to read as follows:
The ((Washington
personnel resources board)) director shall adopt rules designed to
remove from supervisory positions those supervisors who in violation of the
rules adopted under RCW 41.06.186 have tolerated the continued employment of
employees under their supervision whose performance has warranted termination
from state employment.
Sec. 216. RCW 41.06.270 and 1979 c 151 s 61 are each amended to read as follows:
A disbursing officer
shall not pay any employee holding a position covered by this chapter unless
the employment is in accordance with this chapter or the rules, regulations and
orders issued hereunder. The ((board and the)) directors of personnel
and financial management shall jointly establish procedures for the
certification of payrolls.
Sec. 217. RCW 41.06.350 and 1993 c 281 s 36 are each amended to read as follows:
The ((Washington
personnel resources board)) director is authorized to receive
federal funds now available or hereafter made available for the assistance and
improvement of public personnel administration, which may be expended in
addition to the department of personnel service fund established by RCW 41.06.280.
Sec. 218. RCW 41.06.400 and 1980 c 118 s 4 are each amended to read as follows:
(1) In addition to
other powers and duties specified in this chapter, the ((board)) director
shall, by rule, prescribe the purpose and minimum standards for training and
career development programs and, in so doing, regularly consult with and
consider the needs of individual agencies and employees.
(2) In addition to other powers and duties specified in this chapter, the director shall:
(a) Provide for the
evaluation of training and career development programs and plans of agencies ((based
on minimum standards established by the board)). The director shall report
the results of such evaluations to the agency which is the subject of the evaluation;
(b) Provide training and career development programs which may be conducted more efficiently and economically on an interagency basis;
(c) Promote interagency sharing of resources for training and career development;
(d) Monitor and review
the impact of training and career development programs to ensure that the
responsibilities of the state to provide equal employment opportunities are
diligently carried out. ((The director shall report to the board the impact
of training and career development programs on the fulfillment of such
responsibilities.))
(3) At an agency's request, the director may provide training and career development programs for an agency's internal use which may be conducted more efficiently and economically by the department of personnel.
Sec. 219. RCW 41.06.410 and 1980 c 118 s 5 are each amended to read as follows:
Each agency subject to the provisions of this chapter shall:
(1) Prepare an employee
training and career development plan which shall at least meet minimum
standards established by the ((board)) director. A copy of such
plan shall be submitted to the director for purposes of administering the
provisions of RCW 41.06.400(2);
(2) Provide for training and career development for its employees in accordance with the agency plan;
(3) Report on its
training and career development program operations and costs to the director in
accordance with reporting procedures adopted by the ((board)) director;
(4) Budget for training and career development in accordance with procedures of the office of financial management.
Sec. 220. RCW 41.06.450 and 1993 c 281 s 37 are each amended to read as follows:
(1) ((By January 1,
1983, the Washington personnel resources board)) The director shall
adopt rules applicable to each agency to ensure that information relating to
employee misconduct or alleged misconduct is destroyed or maintained as
follows:
(a) All such information determined to be false and all such information in situations where the employee has been fully exonerated of wrongdoing, shall be promptly destroyed;
(b) All such information having no reasonable bearing on the employee's job performance or on the efficient and effective management of the agency, shall be promptly destroyed;
(c) All other information shall be retained only so long as it has a reasonable bearing on the employee's job performance or on the efficient and effective management of the agency.
(2) Notwithstanding subsection (1) of this section, an agency may retain information relating to employee misconduct or alleged misconduct if:
(a) The employee requests that the information be retained; or
(b) The information is related to pending legal action or legal action may be reasonably expected to result.
(3) In adopting rules
under this section, the ((Washington personnel resources board)) director
shall consult with the public disclosure commission to ensure that the public
policy of the state, as expressed in chapter 42.17 RCW, is adequately
protected.
Sec. 221. RCW 41.06.475 and 1993 c 281 s 38 are each amended to read as follows:
The ((Washington
personnel resources board)) director shall adopt rules, in
cooperation with the secretary of social and health services, for the
background investigation of persons being considered for state employment in
positions directly responsible for the supervision, care, or treatment of
children or developmentally disabled persons.
Sec. 222. RCW 41.06.490 and 1990 c 204 s 3 are each amended to read as follows:
(1) In addition to the
rules adopted under RCW 41.06.150, the ((board)) director shall
adopt rules establishing a state employee return-to-work program. The program
shall, at a minimum:
(a) Direct each agency to adopt a return-to-work policy. The program shall allow each agency program to take into consideration the special nature of employment in the agency;
(b) Provide for eligibility in the return-to-work program, for a minimum of two years from the date the temporary disability commenced, for any permanent employee who is receiving compensation under RCW 51.32.090 and who is, by reason of his or her temporary disability, unable to return to his or her previous work, but who is physically capable of carrying out work of a lighter or modified nature;
(c) Allow opportunity for return-to-work state-wide when appropriate job classifications are not available in the agency that is the appointing authority at the time of injury;
(d) Require each agency to name an agency representative responsible for coordinating the return-to-work program of the agency;
(e) Provide that applicants receiving appointments for classified service receive an explanation of the return-to-work policy;
(f) Require training of supervisors on implementation of the return-to-work policy, including but not limited to assessment of the appropriateness of the return-to-work job for the employee; and
(g) Coordinate participation of applicable employee assistance programs, as appropriate.
(2) The agency full-time equivalents necessary to implement the return-to-work program established under this section shall be used only for the purposes of the return-to-work program and the net increase in full-time equivalents shall be temporary.
Sec. 223. RCW 28B.12.060 and 1994 c 130 s 6 are each amended to read as follows:
The higher education coordinating board shall adopt rules as may be necessary or appropriate for effecting the provisions of this chapter, and not in conflict with this chapter, in accordance with the provisions of chapter 34.05 RCW, the state higher education administrative procedure act. Such rules shall include provisions designed to make employment under the work-study program reasonably available, to the extent of available funds, to all eligible students in eligible post-secondary institutions in need thereof. The rules shall include:
(1) Providing work under the state work-study program that will not result in the displacement of employed workers or impair existing contracts for services;
(2) Furnishing work only to a student who:
(a) Is capable, in the opinion of the eligible institution, of maintaining good standing in such course of study while employed under the program covered by the agreement; and
(b) Has been accepted for enrollment as at least a half-time student at the eligible institution or, in the case of a student already enrolled in and attending the eligible institution, is in good standing and in at least half-time attendance there either as an undergraduate, graduate or professional student; and
(c) Is not pursuing a degree in theology;
(3) Placing priority on providing:
(a) Work opportunities for students who are residents of the state of Washington as defined in RCW 28B.15.012 and 28B.15.013 except resident students defined in RCW 28B.15.012(2)(e);
(b) Job placements in fields related to each student's academic or vocational pursuits, with an emphasis on off-campus job placements whenever appropriate; and
(c) Off-campus community service placements;
(4) Provisions to assure that in the state institutions of higher education, utilization of this work-study program:
(a) Shall only supplement and not supplant classified positions under jurisdiction of chapter 41.06 RCW;
(b) That all positions
established which are comparable shall be identified to a job classification under
the ((Washington personnel resources board's)) director of
personnel's classification plan and shall receive equal compensation;
(c) Shall not take place in any manner that would replace classified positions reduced due to lack of funds or work; and
(d) That work study positions shall only be established at entry level positions of the classified service unless the overall scope and responsibilities of the position indicate a higher level; and
(5) Provisions to encourage job placements in occupations that meet Washington's economic development goals, especially those in international trade and international relations. The board shall permit appropriate job placements in other states and other countries.
Sec. 224. RCW 34.05.030 and 1994 c 39 s 1 are each amended to read as follows:
(1) This chapter shall not apply to:
(a) The state militia, or
(b) The board of clemency and pardons, or
(c) The department of corrections or the indeterminate sentencing review board with respect to persons who are in their custody or are subject to the jurisdiction of those agencies.
(2) The provisions of RCW 34.05.410 through 34.05.598 shall not apply:
(a) To adjudicative proceedings of the board of industrial insurance appeals except as provided in RCW 7.68.110 and 51.48.131;
(b) Except for actions pursuant to chapter 46.29 RCW, to the denial, suspension, or revocation of a driver's license by the department of licensing;
(c) To the department of labor and industries where another statute expressly provides for review of adjudicative proceedings of a department action, order, decision, or award before the board of industrial insurance appeals;
(d) To actions of the
Washington personnel resources board((,)) or the director of
personnel((, or the personnel appeals board)); or
(e) To the extent they are inconsistent with any provisions of chapter 43.43 RCW.
(3) Unless a party makes an election for a formal hearing pursuant to RCW 82.03.140 or 82.03.190, RCW 34.05.410 through 34.05.598 do not apply to a review hearing conducted by the board of tax appeals.
(4) The rule-making provisions of this chapter do not apply to reimbursement unit values, fee schedules, arithmetic conversion factors, and similar arithmetic factors used to determine payment rates that apply to goods and services purchased under contract for clients eligible under chapter 74.09 RCW.
(5) All other agencies, whether or not formerly specifically excluded from the provisions of all or any part of the Administrative Procedure Act, shall be subject to the entire act.
Sec. 225. RCW 34.12.020 and 1994 c 257 s 22 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Office" means the office of administrative hearings.
(2) "Administrative law judge" means any person appointed by the chief administrative law judge to conduct or preside over hearings as provided in this chapter.
(3) "Hearing" means an adjudicative proceeding within the meaning of RCW 34.05.010(1) conducted by a state agency under RCW 34.05.413 through 34.05.476.
(4) "State
agency" means any state board, commission, department, or officer
authorized by law to make rules or to conduct adjudicative proceedings, except
those in the legislative or judicial branches, the growth ((planning)) management
hearings boards, the pollution control hearings board, the shorelines hearings
board, the forest practices appeals board, the environmental hearings office,
the board of industrial insurance appeals, the Washington personnel resources
board, the public employment relations commission, ((the personnel appeals
board,)) and the board of tax appeals.
Sec. 226. RCW 41.04.340 and 1993 c 281 s 17 are each amended to read as follows:
(1) An attendance incentive program is established for all eligible employees. As used in this section the term "eligible employee" means any employee of the state, other than teaching and research faculty at the state and regional universities and The Evergreen State College, entitled to accumulate sick leave and for whom accurate sick leave records have been maintained. No employee may receive compensation under this section for any portion of sick leave accumulated at a rate in excess of one day per month. The state and regional universities and The Evergreen State College shall maintain complete and accurate sick leave records for all teaching and research faculty.
(2) In January of the year following any year in which a minimum of sixty days of sick leave is accrued, and each January thereafter, any eligible employee may receive remuneration for unused sick leave accumulated in the previous year at a rate equal to one day's monetary compensation of the employee for each four full days of accrued sick leave in excess of sixty days. Sick leave for which compensation has been received shall be deducted from accrued sick leave at the rate of four days for every one day's monetary compensation.
(3) At the time of separation from state service due to retirement or death, an eligible employee or the employee's estate may elect to receive remuneration at a rate equal to one day's current monetary compensation of the employee for each four full days of accrued sick leave.
(4) Pursuant to this subsection, in lieu of cash remuneration the state may, with equivalent funds, provide eligible employees with a benefit plan providing for reimbursement of medical expenses. The committee for deferred compensation shall develop any benefit plan established under this subsection, but may offer and administer the plan only if (a) each eligible employee has the option of whether to receive cash remuneration or to have his or her employer transfer equivalent funds to the plan; and (b) the committee has received an opinion from the United States internal revenue service stating that participating employees, prior to the time of receiving reimbursement for expenses, will incur no United States income tax liability on the amount of the equivalent funds transferred to the plan.
(5) Remuneration or benefits received under this section shall not be included for the purpose of computing a retirement allowance under any public retirement system in this state.
(6) With the exception
of subsection (4) of this section, this section shall be administered, and
rules shall be adopted to carry out its purposes, by the ((Washington
personnel resources board)) director of personnel for persons
subject to chapter 41.06 RCW: PROVIDED, That determination of classes of
eligible employees shall be subject to approval by the office of financial
management.
(7) Should the legislature revoke any remuneration or benefits granted under this section, no affected employee shall be entitled thereafter to receive such benefits as a matter of contractual right.
Sec. 227. RCW 41.50.804 and 1993 c 281 s 40 are each amended to read as follows:
Nothing contained in
this chapter shall be construed to alter any existing collective bargaining
agreement until any such agreement has expired or until any such bargaining
unit has been modified by action of the ((Washington personnel resources
board)) state employment relations commission as provided by law.
Sec. 228. RCW 43.06.425 and 1993 c 281 s 48 are each amended to read as follows:
The ((Washington
personnel resources board)) director of personnel shall adopt rules
to provide that:
(1) Successful completion of an internship under RCW 43.06.420 shall be considered as employment experience at the level at which the intern was placed;
(2) Persons leaving classified or exempt positions in state government in order to take an internship under RCW 43.06.420: (a) Have the right of reversion to the previous position at any time during the internship or upon completion of the internship; and (b) shall continue to receive all fringe benefits as if they had never left their classified or exempt positions;
(3) Participants in the undergraduate internship program who were not public employees prior to accepting a position in the program receive sick leave allowances commensurate with other state employees;
(4) Participants in the executive fellows program who were not public employees prior to accepting a position in the program receive sick and vacation leave allowances commensurate with other state employees.
Sec. 229. RCW 43.33A.100 and 1993 c 281 s 50 are each amended to read as follows:
The state investment
board shall maintain appropriate offices and employ such personnel as may be
necessary to perform its duties. Employment by the investment board shall
include but not be limited to an executive director, investment officers, and a
confidential secretary, which positions are exempt from classified service
under chapter 41.06 RCW. Employment of the executive director by the board
shall be for a term of three years, and such employment shall be subject to
confirmation of the state finance committee: PROVIDED, That nothing shall
prevent the board from dismissing the director for cause before the expiration
of the term nor shall anything prohibit the board, with the confirmation of the
state finance committee, from employing the same individual as director in
succeeding terms. Compensation levels for the investment officers employed by
the investment board shall be established by the ((Washington personnel
resources board)) director of personnel.
As of July 1, 1981, all employees classified under chapter 41.06 RCW and engaged in duties assumed by the state investment board on July 1, 1981, are assigned to the state investment board. The transfer shall not diminish any rights granted these employees under chapter 41.06 RCW nor exempt the employees from any action which may occur thereafter in accordance with chapter 41.06 RCW.
All existing contracts and obligations pertaining to the functions transferred to the state investment board in this 1980 act shall remain in full force and effect, and shall be performed by the board. None of the transfers directed by this 1980 act shall affect the validity of any act performed by a state entity or by any official or employee thereof prior to July 1, 1981.
Sec. 230. RCW 43.131.090 and 1993 c 281 s 54 are each amended to read as follows:
Unless the legislature specifies a shorter period of time, a terminated state agency shall continue in existence until June 30th of the next succeeding year for the purpose of concluding its affairs: PROVIDED, That the powers and authority of the state agency shall not be reduced or otherwise limited during this period. Unless otherwise provided:
(1) All employees of
terminated state agencies classified under chapter 41.06 RCW, the state civil
service law, shall be transferred as appropriate or as otherwise provided in
the procedures adopted by the ((Washington personnel resources board)) director
of personnel pursuant to RCW 41.06.150;
(2) All documents and papers, equipment, or other tangible property in the possession of the terminated state agency shall be delivered to the custody of the agency assuming the responsibilities of the terminated agency or if such responsibilities have been eliminated, documents and papers shall be delivered to the state archivist and equipment or other tangible property to the department of general administration;
(3) All funds held by, or other moneys due to, the terminated state agency shall revert to the fund from which they were appropriated, or if that fund is abolished to the general fund;
(4) Notwithstanding the provisions of RCW 34.05.020, all rules made by a terminated state agency shall be repealed, without further action by the state agency, at the end of the period provided in this section, unless assumed and reaffirmed by the agency assuming the related legal responsibilities of the terminated state agency;
(5) All contractual rights and duties of a state agency shall be assigned or delegated to the agency assuming the responsibilities of the terminated state agency, or if there is none to such agency as the governor shall direct.
Sec. 231. RCW 49.46.010 and 1993 c 281 s 56 are each amended to read as follows:
As used in this chapter:
(1) "Director" means the director of labor and industries;
(2) "Wage" means compensation due to an employee by reason of employment, payable in legal tender of the United States or checks on banks convertible into cash on demand at full face value, subject to such deductions, charges, or allowances as may be permitted by rules of the director;
(3) "Employ" includes to permit to work;
(4) "Employer" includes any individual, partnership, association, corporation, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee;
(5) "Employee" includes any individual employed by an employer but shall not include:
(a) Any individual (i) employed as a hand harvest laborer and paid on a piece rate basis in an operation which has been, and is generally and customarily recognized as having been, paid on a piece rate basis in the region of employment; (ii) who commutes daily from his or her permanent residence to the farm on which he or she is employed; and (iii) who has been employed in agriculture less than thirteen weeks during the preceding calendar year;
(b) Any individual employed in casual labor in or about a private home, unless performed in the course of the employer's trade, business, or profession;
(c) Any individual
employed in a bona fide executive, administrative, or professional capacity or
in the capacity of outside salesman as those terms are defined and delimited by
rules of the director. However, those terms shall be defined and delimited by
the ((Washington personnel resources board)) director of personnel
pursuant to chapter 41.06 RCW for employees employed under the director of
personnel's jurisdiction;
(d) Any individual engaged in the activities of an educational, charitable, religious, state or local governmental body or agency, or nonprofit organization where the employer-employee relationship does not in fact exist or where the services are rendered to such organizations gratuitously. If the individual receives reimbursement in lieu of compensation for normally incurred out-of-pocket expenses or receives a nominal amount of compensation per unit of voluntary service rendered, an employer-employee relationship is deemed not to exist for the purpose of this section or for purposes of membership or qualification in any state, local government or publicly supported retirement system other than that provided under chapter 41.24 RCW;
(e) Any individual employed full time by any state or local governmental body or agency who provides voluntary services but only with regard to the provision of the voluntary services. The voluntary services and any compensation therefor shall not affect or add to qualification, entitlement or benefit rights under any state, local government, or publicly supported retirement system other than that provided under chapter 41.24 RCW;
(f) Any newspaper vendor or carrier;
(g) Any carrier subject to regulation by Part 1 of the Interstate Commerce Act;
(h) Any individual engaged in forest protection and fire prevention activities;
(i) Any individual employed by any charitable institution charged with child care responsibilities engaged primarily in the development of character or citizenship or promoting health or physical fitness or providing or sponsoring recreational opportunities or facilities for young people or members of the armed forces of the United States;
(j) Any individual whose duties require that he or she reside or sleep at the place of his or her employment or who otherwise spends a substantial portion of his or her work time subject to call, and not engaged in the performance of active duties;
(k) Any resident, inmate, or patient of a state, county, or municipal correctional, detention, treatment or rehabilitative institution;
(l) Any individual who holds a public elective or appointive office of the state, any county, city, town, municipal corporation or quasi municipal corporation, political subdivision, or any instrumentality thereof, or any employee of the state legislature;
(m) All vessel operating crews of the Washington state ferries operated by the department of transportation;
(n) Any individual employed as a seaman on a vessel other than an American vessel.
(6) "Occupation" means any occupation, service, trade, business, industry, or branch or group of industries or employment or class of employment in which employees are gainfully employed.
Sec. 232. RCW 28B.16.015 and 1993 c 379 s 310 are each amended to read as follows:
At any time after July
1, 1993, an institution of higher education and the exclusive bargaining
representative of a bargaining unit of employees classified under this chapter
((or chapter 41.06 RCW as appropriate)) may exercise their option to
have their relationship and corresponding obligations governed entirely by the
provisions of chapter 41.56 RCW, by filing notice of the parties' intent to be
so governed, subject to the mutual adoption of a collective bargaining
agreement recognizing the notice of intent. The parties shall provide the
notice to the ((board or its successor)) director and the public
employment relations commission. On the first day of the month following the
month during which the institution of higher education and the exclusive bargaining
representative provide notice to the ((board or its successor)) director
and the public employment relations commission that they have executed an
initial collective bargaining agreement recognizing the notice of intent, this
chapter shall cease to apply to all employees in the bargaining unit covered by
the agreement, and all labor relations functions of the ((board or its
successor)) director with respect to these employees shall be
transferred to the public employment relations commission.
Sec. 233. RCW 41.06.340 and 1993 c 281 s 35 are each amended to read as follows:
(1) With respect to collective bargaining as authorized by this chapter, the state employment relations commission created by chapter 41.58 RCW shall have authority to adopt rules, on and after the effective date of this section, relating to:
(a) Determination of appropriate bargaining units within any agency. 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;
(b) Certification and decertification of exclusive bargaining representatives. 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. 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. For purposes of this subsection (1)(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. 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 representations rights of a union member;
(c) 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;
(d) 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;
(e) Each and
every provision of RCW 41.56.140 through 41.56.190 shall be applicable to this
chapter as it relates to state civil service employees ((and the Washington
personnel resources board, or its designee, whose final decision shall be
appealable to the Washington personnel resources board, which is granted all
powers and authority granted to the department of labor and industries by RCW
41.56.140 through 41.56.190)).
(2) A collective bargaining agreement entered into under this subsection before July 1, 1996, covering employees subject to sections 319 through 324 of this act that expires after July 1, 1996, shall remain in full force during its duration, or until superseded by a collective bargaining agreement entered into by the parties under sections 319 through 324 of this act, however an agreement entered into before July 1, 1996, may not be renewed or extended beyond July 1, 1997, or until superseded by a collective bargaining agreement entered into under sections 301 through 324 of this act, whichever is later.
NEW SECTION. Sec. 234. A new section is added to chapter 41.06 RCW to read as follows:
(1) The personnel appeals board is hereby abolished and its powers, duties, and functions are hereby transferred to the Washington personnel resources board. All references to the executive secretary or the personnel appeals board in the Revised Code of Washington shall be construed to mean the director or the Washington personnel resources board.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the personnel appeals board shall be delivered to the custody of the Washington personnel resources board. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the personnel appeals board shall be made available to the department of personnel. All funds, credits, or other assets held by the personnel appeals board shall be assigned to the department of personnel.
(b) Any appropriations made to the personnel appeals board shall, on the effective date of this section, be transferred and credited to the department of personnel.
(c) If 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.
(3) All employees of the personnel appeals board are transferred to the jurisdiction of the department of personnel. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of personnel 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.
(4) All rules and all pending business before the personnel appeals board shall be continued and acted upon by the Washington personnel resources board. All existing contracts and obligations shall remain in full force and shall be performed by the Washington personnel resources board.
(5) The transfer of the powers, duties, functions, and personnel of the personnel appeals board shall not affect the validity of any act performed before the effective date of this section.
(6) If apportionments of budgeted funds are required because of the transfers directed by this section, 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.
Sec. 235. RCW 13.40.320 and 1994 sp.s. c 7 s 532 are each amended to read as follows:
(1) The department of social and health services shall establish and operate a medium security juvenile offender basic training camp program. The department shall site a juvenile offender basic training camp facility in the most cost-effective facility possible and shall review the possibility of using an existing abandoned and/or available state, federally, or military-owned site or facility.
(2) The department may
contract under this chapter with private companies, the national guard, or
other federal, state, or local agencies to operate the juvenile offender basic
training camp((, notwithstanding the provisions of RCW 41.06.380)).
Requests for proposals from possible contractors shall not call for payment on
a per diem basis.
(3) The juvenile offender basic training camp shall accommodate at least seventy offenders. The beds shall count as additions to, and not be used as replacements for, existing bed capacity at existing department of social and health services juvenile facilities.
(4) The juvenile offender basic training camp shall be a structured and regimented model lasting one hundred twenty days emphasizing the building up of an offender's self-esteem, confidence, and discipline. The juvenile offender basic training camp program shall provide participants with basic education, prevocational training, work-based learning, live work, work ethic skills, conflict resolution counseling, substance abuse intervention, anger management counseling, and structured intensive physical training. The juvenile offender basic training camp program shall have a curriculum training and work schedule that incorporates a balanced assignment of these or other rehabilitation and training components for no less than sixteen hours per day, six days a week.
The department shall adopt rules for the safe and effective operation of the juvenile offender basic training camp program, standards for an offender's successful program completion, and rules for the continued after-care supervision of offenders who have successfully completed the program.
(5) Offenders eligible for the juvenile offender basic training camp option shall be those with a disposition of at least fifty-two weeks but not more than seventy-eight weeks. Violent and sex offenders shall not be eligible for the juvenile offender basic training camp program.
(6) If the court determines that the offender is eligible for the juvenile offender basic training camp option, the court may recommend that the department place the offender in the program. The department shall evaluate the offender and may place the offender in the program. No juvenile who suffers from any mental or physical problems that could endanger his or her health or drastically affect his or her performance in the program shall be admitted to or retained in the juvenile offender basic training camp program.
(7) All juvenile offenders eligible for the juvenile offender basic training camp sentencing option shall spend the first one hundred twenty days of their disposition in a juvenile offender basic training camp. If the juvenile offender's activities while in the juvenile offender basic training camp are so disruptive to the juvenile offender basic training camp program, as determined by the secretary according to rules adopted by the department, as to result in the removal of the juvenile offender from the juvenile offender basic training camp program, or if the offender cannot complete the juvenile offender basic training camp program due to medical problems, the secretary shall require that the offender be committed to a juvenile institution to serve the entire remainder of his or her disposition, less the amount of time already served in the juvenile offender basic training camp program.
(8) All offenders who successfully graduate from the one hundred twenty day juvenile offender basic training camp program shall spend the remainder of their disposition on parole in a division of juvenile rehabilitation intensive aftercare program in the local community. The program shall provide for the needs of the offender based on his or her progress in the aftercare program as indicated by ongoing assessment of those needs and progress. The intensive aftercare program shall monitor postprogram juvenile offenders and assist them to successfully reintegrate into the community. In addition, the program shall develop a process for closely monitoring and assessing public safety risks. The intensive aftercare program shall be designed and funded by the department of social and health services.
(9) The department shall also develop and maintain a data base to measure recidivism rates specific to this incarceration program. The data base shall maintain data on all juvenile offenders who complete the juvenile offender basic training camp program for a period of two years after they have completed the program. The data base shall also maintain data on the criminal activity, educational progress, and employment activities of all juvenile offenders who participated in the program. The department shall produce an outcome evaluation report on the progress of the juvenile offender basic training camp program to the appropriate committees of the legislature no later than December 12, 1996.
Sec. 236. RCW 39.29.006 and 1993 c 433 s 2 are each amended to read as follows:
As used in this chapter:
(1) "Agency" means any state office or activity of the executive and judicial branches of state government, including state agencies, departments, offices, divisions, boards, commissions, and educational, correctional, and other types of institutions.
(2) "Client services" means services provided directly to agency clients including, but not limited to, medical and dental services, employment and training programs, residential care, and subsidized housing.
(3) "Competitive solicitation" means a documented formal process providing an equal and open opportunity to qualified parties and culminating in a selection based on criteria which may include such factors as the consultant's fees or costs, ability, capacity, experience, reputation, responsiveness to time limitations, responsiveness to solicitation requirements, quality of previous performance, and compliance with statutes and rules relating to contracts or services.
(4) "Consultant" means an independent individual or firm contracting with an agency to perform a service or render an opinion or recommendation according to the consultant's methods and without being subject to the control of the agency except as to the result of the work. The agency monitors progress under the contract and authorizes payment.
(5) "Emergency" means a set of unforeseen circumstances beyond the control of the agency that either:
(a) Present a real, immediate threat to the proper performance of essential functions; or
(b) May result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken.
(6) "Evidence of competition" means documentation demonstrating that the agency has solicited responses from multiple firms in selecting a consultant.
(7) "Personal service" means professional or technical expertise provided by a consultant to accomplish a specific study, project, task, or other work statement. This term does not include purchased services as defined under subsection (9) of this section. This term does include client services.
(8) "Personal
service contract" means an agreement, or any amendment thereto, with a
consultant for the rendering of personal services to the state which is
consistent with ((RCW 41.06.380)) section 208 of this act.
(9) "Purchased services" means services provided by a vendor to accomplish routine, continuing and necessary functions. This term includes, but is not limited to, services acquired under RCW 43.19.190 or 43.105.041 for equipment maintenance and repair; operation of a physical plant; security; computer hardware and software maintenance; data entry; key punch services; and computer time-sharing, contract programming, and analysis.
(10) "Sole source" means a consultant providing professional or technical expertise of such a unique nature that the consultant is clearly and justifiably the only practicable source to provide the service. The justification shall be based on either the uniqueness of the service or sole availability at the location required.
(11) "Subcontract" means a contract assigning some of the work of a contract to a third party.
Sec. 237. RCW 41.04.385 and 1993 c 194 s 5 are each amended to read as follows:
The legislature finds
that (1) demographic, economic, and social trends underlie a critical and
increasing demand for child care in the state of Washington; (2) working parents
and their children benefit when the employees' child care needs have been
resolved; (3) the state of Washington should serve as a model employer by
creating a supportive atmosphere, to the extent feasible, in which its
employees may meet their child care needs; and (4) the state of Washington
should encourage the development of partnerships between state agencies, state
employees, state employee labor organizations, and private employers to expand
the availability of affordable quality child care. The legislature finds
further that resolving employee child care concerns not only benefits the
employees and their children, but may benefit the employer by reducing
absenteeism, increasing employee productivity, improving morale, and enhancing
the employer's position in recruiting and retaining employees. Therefore, the
legislature declares that it is the policy of the state of Washington to assist
state employees by creating a supportive atmosphere in which they may meet
their child care needs. Policies and procedures for state agencies to address
employee child care needs will be the responsibility of the director of
personnel in consultation with the child care coordinating committee, as
provided in RCW 74.13.090 ((and state employee representatives as provided
under RCW 41.06.140)).
Sec. 238. RCW 47.46.030 and 1993 c 370 s 3 are each amended to read as follows:
The secretary or a designee shall solicit proposals from, and negotiate and enter into agreements with, private entities to undertake as appropriate, together with the department and other public entities, all or a portion of the study, planning, design, construction, operation, and maintenance of transportation systems and facilities, using in whole or in part private sources of financing.
The public-private initiative program may develop up to six demonstration projects. Each proposal shall be weighed on its own merits, and each of the six agreements shall be negotiated individually, and as a stand-alone project. The commission shall approve each of the selected projects.
Proposals and
demonstration projects may be selected by the public and private sectors at
their discretion. All projects designed, constructed, and operated under this
authority must comply with all applicable rules and statutes in existence at
the time the agreement is executed, including but not limited to the following
provisions: Chapter 39.12 RCW, this title, ((RCW 41.06.380)) section
208 of this act, chapter 47.64 RCW, RCW 49.60.180, and 49 C.F.R. Part 21.
The secretary or a designee shall consult with legal, financial, and other experts within and outside state government in the negotiation and development of the agreements.
PART III
COLLECTIVE BARGAINING REFORM
NEW SECTION. Sec. 301. APPLICATION OF CHAPTER. (1) Collective bargaining negotiations under this chapter shall commence no later than October 1, 1996, for collective bargaining agreements that are to become effective no earlier than July 1, 1997. For subsequent agreements, negotiations may commence and contracts become effective as the parties agree subject to legislative ratification as outlined in this chapter.
(2) Any collective bargaining agreement entered into before July 1, 1995, covering employees affected by sections 319 through 324 of this act, that expires after July 1, 1996, shall, unless a superseding agreement complying with sections 319 through 324 of this act is negotiated by the parties, remain in full force during its duration, but the agreement may not be renewed or extended beyond July 1, 1997, or until superseded by a collective bargaining agreement entered into under sections 301 through 324 of this act, whichever is later.
NEW SECTION. Sec. 302. NEGOTIATION AND RATIFICATION OF COLLECTIVE BARGAINING AGREEMENTS. (1) For the purpose of negotiating collective bargaining agreements under this chapter, the employer shall be represented by the governor or governor's designee, except as provided for institutions of higher education in subsection (4) of this section.
(2)(a) If an exclusive bargaining representative represents more than one bargaining unit, the exclusive bargaining representative shall negotiate one master collective bargaining agreement on behalf of all the employees in bargaining units that the exclusive bargaining representative represents. For those exclusive bargaining representatives who represent fewer than a total of five hundred employees each, negotiation shall be by a coalition of exclusive bargaining representatives that together represent at least five hundred employees and that include at least one exclusive bargaining representative that individually represents fewer than five hundred employees. The coalition shall bargain for a master collective bargaining agreement covering all of the employees represented by the coalition. The governor's designee and the exclusive bargaining representative or representatives are authorized to enter into supplemental bargaining of agency-specific issues for inclusion in or as an addendum to the master collective bargaining agreement, subject to the parties' agreement regarding the issues and procedures for supplemental bargaining. This section does not prohibit cooperation and coordination of bargaining between two or more exclusive bargaining representatives.
(b) This subsection (2) does not apply to exclusive bargaining representatives who represent employees of institutions of higher education.
(c) If five hundred or more employees of an independent state elected official listed in RCW 43.01.010 are organized in a bargaining unit or bargaining units under section 307 of this act, the official shall be consulted by the governor or the governor's designee before any agreement is reached under (a) of this subsection concerning supplemental bargaining of agency specific issues affecting the employees in such bargaining unit.
(3) The governor shall submit a request for funds necessary to implement the compensation and fringe benefit provisions in the master collective bargaining agreement or for legislation necessary to implement the agreement within ten days of the date on which the exclusive bargaining representative or representatives ratify the agreement or, if the legislature is not in session, within ten days after the legislature next convenes. Requests for funds necessary to implement the provisions of bargaining agreements negotiated by institutions of higher education according to subsection (4) of this section shall not be submitted to the legislature by the governor unless such requests:
(a) Have been submitted to the director of the office of financial management prior to September 1 of the year they are negotiated; and
(b) Have been certified by the director of the office of financial management as being feasible financially for the state.
The legislature shall approve or reject the submission of the request for funds as a whole. If the legislature rejects or fails to act on the submission, either party may reopen all or part of the agreement or the exclusive bargaining representative may seek to implement the procedures provided for in section 308 of this act.
(4) For the purpose of negotiating agreements for institutions of higher education, the employer shall be the respective governing board of each of the universities, colleges, or community colleges or a designee chosen by the board to negotiate on its behalf. Prior to entering into negotiations under this chapter, the institutions of higher education or their designees shall consult with the director of the office of financial management regarding financial and budgetary issues that are likely to arise in the impending negotiations. If appropriations are necessary to implement the compensation and fringe benefit provisions of the bargaining agreements reached between institutions of higher education and exclusive bargaining representatives agreed to under the provisions of this chapter, the governor shall submit a request for such funds to the legislature according to the provisions of subsection (3) of this section.
(5) If, after the compensation and fringe benefit provisions of an agreement are approved by the legislature, a significant revenue shortfall occurs resulting in reduced appropriations, both parties shall immediately enter into collective bargaining for a mutually agreed upon modification of the agreement.
(6) After the expiration date of a collective bargaining agreement negotiated under this chapter, all of the terms and conditions specified in the collective bargaining agreement remain in effect until the effective date of a subsequently negotiated agreement, not to exceed one year from the expiration date stated in the agreement. Thereafter, the employer may unilaterally implement according to law.
NEW SECTION. Sec. 303. SCOPE OF BARGAINING. (1) Except as otherwise provided in this chapter, the matters subject to bargaining include wages, hours, and other terms and conditions of employment, and the negotiation of any question arising under a collective bargaining agreement.
(2) The employer is not required to bargain over matters pertaining to:
(a) Inherent managerial policy as established in section 305 of this act;
(b) Any retirement system or retirement benefit;
(c) Health care benefits or other employee insurance benefits, except as required in subsection (3) of this section; or
(d) Rules of the director of personnel or the Washington personnel resources board adopted under section 204 of this act.
(3) Matters subject to bargaining include the number of names to be certified for vacancies, promotional preferences, and the dollar amount expended on behalf of each employee for health care benefits. However, negotiations regarding the number of names to be certified for vacancies, promotional preferences, and the dollar amount expended on behalf of each employee for health care benefits shall be conducted between the employer and one coalition of all the exclusive bargaining representatives subject to this chapter and any provision agreed to by the employer and the coalition shall be included in all master collective bargaining agreements negotiated by the parties.
(4) The employer and the exclusive bargaining representative shall not agree to any proposal that would prevent the implementation of approved affirmative action plans or that would be inconsistent with the comparable worth agreement that provided the basis for the salary changes implemented beginning with the 1983-1985 biennium to achieve comparable worth.
(5) Except as otherwise provided in this chapter, if a conflict exists between an executive order, administrative rule, or agency policy relating to wages, hours, and terms and conditions of employment and a collective bargaining agreement negotiated under this chapter, the collective bargaining agreement shall prevail. A provision of a collective bargaining agreement that conflicts with the terms of a statute is invalid and unenforceable.
NEW SECTION. Sec. 304. CONTENTS OF COLLECTIVE BARGAINING AGREEMENTS. (1) The parties to a collective bargaining agreement shall reduce the agreement to writing and both shall execute it.
(2) A collective bargaining agreement shall contain provisions that:
(a) Provide for a grievance procedure that culminates with final and binding arbitration of all disputes arising over the interpretation or application of the collective bargaining agreement and that is valid and enforceable under its terms when entered into in accordance with this chapter; and
(b) Require processing of disciplinary actions or terminations of employment of employees covered by the collective bargaining agreement entirely under the procedures of the collective bargaining agreement. Any employee, when fully reinstated, shall be guaranteed all employee rights and benefits, including back pay, sick leave, vacation accrual, and retirement and federal old age, survivors, and disability insurance act credits, but without back pay for any period of suspension.
(3)(a) If a collective bargaining agreement between an employer and an exclusive bargaining representative is concluded after the termination date of the previous collective bargaining agreement between the employer and an employee organization representing the same bargaining units, the effective date of the collective bargaining agreement may be the day after the termination of the previous collective bargaining agreement, and all benefits included in the new collective bargaining agreement, including wage or salary increases, may accrue beginning with that effective date.
(b) If a collective bargaining agreement between an employer and an exclusive bargaining representative is concluded after the termination date of the previous collective bargaining agreement between the employer and the exclusive bargaining representative representing different bargaining units, the effective date of the collective bargaining agreement may be the day after the termination date of whichever previous collective bargaining agreement covering one or more of the units terminated first, and all benefits included in the new collective bargaining agreement, including wage or salary increases, may accrue beginning with that effective date.
NEW SECTION. Sec. 305. MANAGEMENT RIGHTS. The employer shall not be required to bargain over rights of management which, in addition to all powers, duties, and rights established by constitutional provision or statute, shall include but not be limited to the following:
(1) The functions and programs of the employer, the use of technology, and the structure of the organization;
(2) The employer's budget and the size of the agency work force, including determining the financial basis for layoffs;
(3) The right to direct and supervise employees; and
(4) The right to take whatever actions are deemed necessary to carry out the mission of the state and its agencies during emergencies.
NEW SECTION. Sec. 306. RIGHTS OF EMPLOYEES. Except as may be specifically limited by this chapter, employees shall have the right to self-organization, to form, join, or assist employee organizations, and to bargain collectively through representatives of their own choosing for the purpose of collective bargaining free from interference, restraint, or coercion, and shall also have the right to refrain from any or all such activities except to the extent that employees may be required to pay a fee to an exclusive bargaining representative under a union security provision authorized by this chapter.
NEW SECTION. Sec. 307. BARGAINING UNITS. (1) A bargaining unit of employees covered by this chapter existing on the effective date of this section shall be considered an appropriate unit, unless the unit does not meet the requirements of (a) and (b) of this subsection. The commission, after hearing upon reasonable notice to all interested parties, shall decide in each application for certification as an exclusive bargaining representative, the unit appropriate for certification. In determining the new units or modifications of existing units, the commission shall consider: The duties, skills, and working conditions of the employees; the history of collective bargaining; the extent of organization among the employees; the desires of the employees; and the avoidance of excessive fragmentation. However, a unit is not appropriate if it includes:
(a) Both supervisors and nonsupervisory employees. A unit that includes only supervisors may be considered appropriate if a majority of the supervisory employees indicates by vote that they desire to be included in such a unit; or
(b) More than one institution of higher education. For the purposes of this section, any branch or regional campus of an institution of higher education is part of that institution of higher education.
(2) The exclusive bargaining representatives certified to represent the bargaining units existing on the effective date of this section shall continue as the exclusive bargaining representative without the necessity of an election.
(3) If a single employee organization is the exclusive bargaining representative for two or more units, upon petition by the employee organization, the units may be consolidated into a single larger unit if the commission considers the larger unit to be appropriate. If consolidation is appropriate, the commission shall certify the employee organization as the exclusive bargaining representative of the new unit.
NEW SECTION. Sec. 308. REPRESENTATION. (1) The commission shall determine all questions pertaining to representation and shall administer all elections and be responsible for the processing and adjudication of all disputes that arise as a consequence of elections. The commission shall adopt rules that provide for at least the following:
(a) Secret balloting;
(b) Consulting with employee organizations;
(c) Access to lists of employees, job classification, work locations, and home mailing addresses;
(d) Absentee voting;
(e) Procedures for the greatest possible participation in voting;
(f) Campaigning on the employer's property during working hours; and
(g) Election observers.
(2)(a) If an employee organization has been certified as the exclusive bargaining representative of the employees of a bargaining unit, the employee organization may act for and negotiate master collective bargaining agreements that will include within the coverage of the agreement all employees in the bargaining unit as provided in section 302(2)(a) of this act. However, if a master collective bargaining agreement is in effect for the exclusive bargaining representative, it shall apply to the bargaining unit for which the certification has been issued. Nothing in this section requires the parties to engage in new negotiations during the term of that agreement.
(b) This subsection (2) does not apply to exclusive bargaining representatives who represent employees of institutions of higher education.
(3) The certified exclusive bargaining representative shall be responsible for representing the interests of all the employees in the bargaining unit. This section shall not be construed to limit an exclusive representative's right to exercise its discretion to refuse to process grievances of employees that are unmeritorious.
(4) No question concerning representation may be raised if:
(a) Fewer than twelve months have elapsed since the last certification or election; or
(b) A valid collective bargaining agreement exists covering the unit, except for that period of no more than one hundred twenty calendar days nor less than ninety calendar days before the expiration of the contract.
NEW SECTION. Sec. 309. IMPASSE. Should the parties fail to reach accord in negotiating a collective bargaining agreement, either party may request of the commission the assistance of an impartial third party to mediate the negotiations.
If a collective bargaining agreement previously negotiated under this chapter should expire while negotiations are underway, the terms and conditions specified in the collective bargaining agreement shall remain in effect for a period not to exceed one year from the expiration date stated in the agreement. Thereafter, the employer may unilaterally implement according to law.
If resolution is not reached through mediation by one hundred days beyond the expiration date of a contract previously negotiated under this chapter, or one hundred days from the initiation of mediated negotiations if no such contract exists, an independent fact-finder shall be appointed by the commission. The fact-finder shall inquire regarding issues unresolved by the parties and develop a recommended final offer.
Following inquiry by the fact-finder: (1) A recommended final offer by the fact-finder shall be submitted to both the exclusive bargaining representative and the employer for consideration. The negotiating parties can accept, or by mutual consent modify and accept, the recommended final offer of the fact-finder; (2) should the parties fail to adopt the recommended final offer of the fact-finder, or a mutually acceptable modification, the recommended final offer of the fact-finder shall be presented to the legislature for consideration. The legislature can accept or reject the recommended final offer of the fact-finder and return it to the parties for incorporation into the bargaining agreement which is then subject to the ratification process outlined in section 302 of this act.
Should the legislature reject the recommended final offer of the fact-finder, the fact-finder shall develop and submit a revised recommended final offer and follow subsections (1) and (2) of this section until an agreement is adopted.
Costs for fact-finding shall be borne equally by the negotiating parties.
NEW SECTION. Sec. 310. UNION SECURITY. (1) A collective bargaining agreement may contain a union security provision requiring as a condition of employment the payment, no later than the thirtieth day following the beginning of employment or the effective date of this section, whichever is later, of an agency shop fee to the employee organization that is the exclusive bargaining representative for the bargaining unit in which the employee is employed. The amount of the fee shall be equal to the amount required to become a member in good standing of the employee organization. Each employee organization shall establish a procedure by which any employee so requesting may pay a representation fee no greater than the part of the membership fee that represents a pro rata share of expenditures for purposes germane to the collective bargaining process, to contract administration, or to pursuing matters affecting wages, hours, and other conditions of employment.
(2) An employee who is covered by a union security provision and who asserts a right of nonassociation based on bona fide religious tenets or teachings of a church or religious body of which the employee is a member shall, as a condition of employment, make payments to the employee organization, for purposes within the program of the employee organization as designated by the employee that would be in harmony with his or her individual conscience. The amount of the payments shall be equal to the periodic dues and fees uniformly required as a condition of acquiring or retaining membership in the employee organization minus any included monthly premiums for insurance programs sponsored by the employee organization. The employee shall not be a member of the employee organization but is entitled to all the representation rights of a member of the employee organization.
(3) Upon filing with the employer the written authorization of a bargaining unit employee under this chapter, the employee organization that is the exclusive bargaining representative of the bargaining unit shall have the exclusive right to have deducted from the salary of the employee an amount equal to the fees and dues uniformly required as a condition of acquiring or retaining membership in the employee organization. The fees and dues shall be deducted each pay period from the pay of all employees who have given authorization for the deduction and shall be transmitted by the employer as provided for by agreement between the employer and the employee organization.
(4) Employee organizations that before the effective date of this section were entitled to the benefits of this section shall continue to be entitled to these rights.
NEW SECTION. Sec. 311. UNFAIR LABOR PRACTICES ENUMERATED. (1) It is an unfair labor practice for an employer to:
(a) Interfere with, restrain, or coerce employees in the exercise of their rights guaranteed by this chapter;
(b) Control, dominate, or interfere with an exclusive bargaining representative;
(c) Discriminate against an employee who has filed an unfair labor practice charge; or
(d) Refuse to engage in good faith collective bargaining.
(2) It is an unfair labor practice for an employee organization to:
(a) Interfere with, restrain, or coerce:
(i) Employees in the exercise of the rights guaranteed in this chapter. However, this subsection (2)(a)(i) shall not impair the right of an employee organization to prescribe its own rules with respect to the acquisition or retention of membership in the employee organization; or
(ii) An employer in the selection of its representatives for the purposes of collective bargaining or the adjustment of grievances;
(b) Induce the employer to commit an unfair labor practice;
(c) Discriminate against an employee who has filed an unfair labor practice charge; or
(d) Refuse to engage in good faith collective bargaining.
NEW SECTION. Sec. 312. UNFAIR LABOR PRACTICE PROCEDURES. (1) The commission shall prevent any unfair labor practice and issue appropriate remedial orders. A complaint shall not be processed for any unfair labor practice occurring more than six months before the filing of the complaint with the commission. The commission's authority shall not be affected or impaired by any means of adjustment, mediation, or conciliation in labor disputes that have been or may hereafter be established by law.
(2) If a complaint is filed concerning any unfair labor practice, the commission may issue and cause to be served a notice of hearing before the commission at a place fixed in the complaint, to be held not less than seven days after the serving of the complaint. Any such complaint may be amended by the commission any time before the issuance of an order based on the complaint. The person so complained of may file an answer to the original or amended complaint and appear in person or otherwise to give testimony at the place and time set in the complaint. In the discretion of the commission, any other person may be allowed to intervene in the proceedings and to present testimony. In any such proceeding the commission shall not be bound by technical rules of evidence prevailing in the courts of law or equity.
(3) For the purpose of all hearings and investigations, that, in the opinion of the commission, are necessary and proper for the exercise of the powers vested in it by this section, the commission shall at all reasonable times have access to, for the purposes of examination, and the right to examine, copy, or photograph any evidence, including payrolls or lists of employees, of any person being investigated or proceeded against that relates to any matter under investigation or in question. The commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence that relates to any matter under investigation or in question before the commission. The commission, or any agent or agency designated by the commission for such purposes, may administer oaths and affirmations, examine witnesses, and receive evidence.
(4) The commission, or any party to the commission proceedings, thirty days after the commission has entered its findings of fact, may petition the superior court of Thurston county or the superior court within the county where the unfair labor practice in question occurred or where any person charged with the unfair labor practice resides or transacts business, or if such court be on vacation or in recess, then to the superior court of any county adjoining the county where the unfair labor practice in question occurred or where any person charged with the unfair labor practice resides or transacts business, for the enforcement of the order and for appropriate temporary relief or restraining order, and shall certify and file in the court a transcript of the entire record in the proceeding, including the pleadings and testimony upon which the order was made and the findings and order of the commission. Upon filing the record, the court shall cause notice of the record to be served upon such person, and thereupon shall have jurisdiction of the proceeding and of the question determined in the record, and may grant such temporary relief or restraining order as it deems just and proper, and make and enter upon the pleadings, testimony, and proceedings set forth in the transcript a decree enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part the order of the commission.
NEW SECTION. Sec. 313. ENFORCEMENT OF COLLECTIVE BARGAINING AGREEMENTS. (1) For the purposes of implementing arbitration under grievance procedures required by section 304 of this act, the parties to a collective bargaining agreement may agree on one or more permanent umpires to serve as arbitrator, or may agree on any impartial person to serve as arbitrator, or may agree to select arbitrators from any source available to them, including federal and private agencies, in addition to the staff and list of arbitrators maintained by the commission. If the parties cannot agree to the selection of an arbitrator, the commission shall supply a list of names in accordance with the procedures established by the commission.
(2) An arbitrator may require any person to attend as a witness and to bring with him or her any book, record, document, or other evidence. The fees for such attendance shall be paid by the party requesting issuance of the subpoena and shall be the same as the fees of witnesses in the superior court. Arbitrators may administer oaths. Subpoenas shall issue and be signed by the arbitrator and shall be served in the same manner as subpoenas to testify before a court of record in this state. If any person so summoned to testify refuses or neglects to obey such subpoena, upon petition authorized by the arbitrator, the superior court may compel the attendance of the person before the arbitrator or punish the person for contempt in the same manner provided for the attendance of witnesses or the punishment of them in the courts of this state.
(3) The arbitrator shall appoint a time and place for the hearing and notify the parties thereof, and may adjourn the hearing from time to time as may be necessary, and, on application of either party and for good cause, may postpone the hearing to a time not extending beyond the date fixed by the collective bargaining agreement for making the award. The arbitration award shall be in writing and signed by the arbitrator. The arbitrator shall, promptly upon its rendition, serve a true copy of the award on each of the parties or their attorneys.
(4) If a party to a collective bargaining agreement negotiated under this chapter refuses to submit a grievance for arbitration, the other party to the collective bargaining agreement may invoke the jurisdiction of the superior court of Thurston county or of any county in which the labor dispute exists and such court shall have jurisdiction to issue an order compelling arbitration. Disputes concerning compliance with grievance procedures shall be reserved for determination by the arbitrator. Arbitration shall be ordered if the grievance states a claim that on its face is covered by the collective bargaining agreement. Doubts as to the coverage of the arbitration clause shall be resolved in favor of arbitration.
(5) If a party to a collective bargaining agreement negotiated under this chapter refuses to comply with the award of an arbitrator determining a grievance arising under the collective bargaining agreement, the other party to the collective bargaining agreement may invoke the jurisdiction of the superior court of Thurston county or of any county in which the labor dispute exists and such court shall have jurisdiction to issue an order enforcing the arbitration award.
NEW SECTION. Sec. 314. OPTION BY INSTITUTIONS OF HIGHER EDUCATION. At any time after July 1, 1993, an institution of higher education and the exclusive bargaining representative of a bargaining unit of employees classified under chapter 41.06 RCW may exercise their option to have their relationship and corresponding obligations governed entirely by the provisions of chapter 41.56 RCW, by filing notice of the parties= intent to be so governed, subject to the mutual adoption of a collective bargaining agreement recognizing the notice of intent. The parties shall provide the notice to the Washington personnel resources board, the state employment relations commission, and the public employment relations commission. On the first day of the month following the month during which the institution of higher education and the exclusive bargaining representative provide notice to the board and the commissions that they have executed an initial collective bargaining agreement recognizing the notice of intent, this chapter shall cease to apply to all employees in the bargaining unit covered by the agreement, and all labor relations functions of the state employment relations commission with respect to these employees shall be transferred to the public employment relations commission.
NEW SECTION. Sec. 315. STATE EMPLOYMENT RELATIONS COMMISSION. (1) There is created the state employment relations commission to administer this chapter. The commission shall consist of three members who shall be appointed by the governor, subject to confirmation by the senate. One of the initial members shall be appointed for a term of two years, one for a term of three years, and one for a term of four years. Their successors shall be appointed for terms of four years each, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he or she succeeds. Commission members shall be eligible for reappointment. The governor shall designate one member to serve as chair of the commission. Persons so appointed must not hold any other employment with the state, must not have been an officer of a political party for a period of one year immediately before the appointment, and must not be or become a candidate for partisan elective public office during the term to which they are appointed. Any member of the commission may be removed by the governor, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause. Commission members are not eligible for state retirement under chapter 41.40 RCW by virtue of their service on the commission.
(2) In making member appointments initially, and subsequently thereafter, the governor shall appoint persons knowledgeable in the area of labor and employment relations. One member must have a background of expertise from a management perspective, one member must have a background of expertise from a labor perspective, and one member must be a neutral public member.
(3) A vacancy in the commission does not impair the right of the remaining members to exercise all of the powers of the commission, and two members of the commission shall, at all times, constitute a quorum of the commission.
(4) At the close of each fiscal year, the commission shall make a written report to the legislature and to the governor stating the cases it has heard, the decisions it has rendered, the names, salaries, and duties of all employees and officers in the employ or under the supervision of the commission, and an account of all moneys it has disbursed.
NEW SECTION. Sec. 316. COMMISSION COMPENSATION. Each member of the commission shall be compensated in accordance with RCW 43.03.250. Members of the commission shall also be reimbursed for travel expenses incurred in the discharge of their official duties on the same basis as is provided in RCW 43.03.050 and 43.03.060. The payment of all of the expenses of the commission, including travel expenses incurred by the members or employees of the commission under its orders, is subject to the provisions of RCW 43.03.050 and 43.03.060.
NEW SECTION. Sec. 317. COMMISSION DUTIES. (1) The commission shall, in order to prevent or minimize interruptions growing out of labor disputes, assist employers and employees to settle such disputes through mediation.
(2) The commission shall appoint a director whose annual salary shall be determined under the provisions of RCW 43.03.028. The director shall perform such duties and have such powers as the commission prescribes in order to implement and enforce this chapter. In addition to the performance of administrative duties, the commission may delegate to the director authority with respect to, but not limited to, representation proceedings, unfair labor practice proceedings, mediation of labor disputes, arbitration of disputes concerning the interpretation or application of a collective bargaining agreement, and arbitration of disputes concerning the terms of a collective bargaining agreement. Such delegation shall not eliminate a party's right of appeal to the commission. The director, with such assistance as may be provided by the attorney general and such additional legal assistance consistent with chapter 43.10 RCW, may on behalf of the commission, if necessary to carry out or enforce any action or decision of the commission, petition any court of competent jurisdiction for an order requiring compliance with the action or decision.
(3) The commission shall employ such employees as it may from time to time find necessary for the proper performance of its duties, consistent with this chapter.
(4) The commission, through the director, may provide its services in any state employee labor dispute upon the request of one or more of the parties to the dispute.
NEW SECTION. Sec. 318. COMMISSION AUTHORITY. The commission may adopt rules as necessary to carry out the provisions of this chapter, consistent with the best standards of labor management relations.
NEW SECTION. Sec. 319. All powers, duties, and functions of the department of personnel pertaining to collective bargaining are transferred to the state employment relations commission except mediation of grievances and contracts, arbitration of grievances and contracts, and unfair labor practices, filed under a collective bargaining agreement existing before the effective date of this section. Any mediation, arbitration, or unfair labor practice issue filed between July 1, 1996, and July 1, 1997, under a collective bargaining agreement existing before the effective date of this section, shall be resolved by the director of the department of personnel in accordance with the authorities, rules, and procedures that were established under RCW 41.06.150(11) as it existed prior to the effective date of this section.
NEW SECTION. Sec. 320. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of personnel pertaining to the powers, functions, and duties transferred in section 319 of this act shall be delivered to the custody of the state employment relations commission. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of personnel in carrying out the powers, functions, and duties transferred in section 319 of this act shall be made available to the state employment relations commission. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred in section 319 of this act shall be assigned to the state employment relations commission.
Any appropriations made to the department of personnel for carrying out the powers, functions, and duties transferred in section 319 of this act shall, on the effective date of this section, be transferred and credited to the state employment relations commission.
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. 321. After the effective date of this section, the director of personnel and the director of the state employment relations commission shall meet and agree upon a schedule for the transfer of department of personnel labor relation employees and property to the commission. Whenever a 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. 322. All business pending before the department of personnel pertaining to the powers, functions, and duties transferred in section 319 of this act shall be continued and acted upon by the state employment relations commission. All existing contracts and obligations of the department of personnel shall remain in full force and shall be performed by the state employment relations commission.
NEW SECTION. Sec. 323. The transfer of the powers, duties, functions, and personnel of the department of personnel shall not affect the validity of any act performed before the effective date of this section.
NEW SECTION. Sec. 324. If apportionments of budgeted funds are required because of the transfers directed by sections 320 through 323 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. 325. DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Agency" means any agency as defined in RCW 41.06.020 and covered by chapter 41.06 RCW.
(2) "Collective bargaining" means the performance of the mutual obligation of the representatives of the employer and the exclusive bargaining representative to meet at reasonable times and to bargain in good faith in an effort to reach agreement with respect to the subjects of bargaining specified under section 303 of this act. The obligation to bargain does not compel either party to agree to a proposal or to make a concession, except as otherwise provided in this chapter.
(3) "Commission" means the state employment relations commission.
(4) "Confidential employee" means an employee who, in the regular course of his or her duties, assists in a confidential capacity persons who formulate, determine, and effectuate management policies with regard to labor relations or who, in the regular course of his or her duties, has authorized access to information relating to the effectuation or review of the employer's collective bargaining policies, or who assists or aids a manager.
(5) "Director" means the director of the state employment relations commission.
(6) "Employee" means any employee, including employees whose work has ceased in connection with the pursuit of lawful activities protected by this chapter, covered by chapter 41.06 RCW, except:
(a) Employees covered for collective bargaining by chapter 41.56 RCW;
(b) Confidential employees;
(c) Members of the Washington management service;
(d) Internal auditors in any agency; or
(e) Any employee of the commission, the office of financial management, the department of personnel, or the attorney general's office.
(7) "Employee organization" means any organization, union, or association in which employees participate and that exists for the purpose, in whole or in part, of collective bargaining with employers.
(8) "Employer" means the state of Washington.
(9) "Exclusive bargaining representative" means any employee organization that has been certified under this chapter as the representative of the employees in an appropriate bargaining unit.
(10) "Institutions 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.
(11) "Labor dispute" means any controversy concerning terms, tenure, or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment with respect to the subjects of bargaining provided in this chapter, regardless of whether the disputants stand in the proximate relation of employer and employee.
(12) "Manager" means "manager" as defined in RCW 41.06.022.
(13) "Supervisor" means an employee who has authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, direct, reward, or discipline employees, or to adjust employee grievances, or effectively to recommend such action, if the exercise of the authority is not of a merely routine nature but requires the consistent exercise of individual judgment. However, no employee who is a member of the Washington management service as defined by the effect of RCW 41.06.022 may be included in a collective bargaining unit established under this section.
(14) "Unfair labor practice" means any unfair labor practice listed in section 311 of this act.
PART IV
MISCELLANEOUS
NEW SECTION. Sec. 401. The following acts or parts of acts are each repealed:
(1) RCW 41.06.163 and 1993 c 281 s 30, 1987 c 185 s 9, 1986 c 158 s 6, 1979 c 151 s 59, & 1977 ex.s. c 152 s 3; and
(2) RCW 41.06.165 and 1977 ex.s. c 152 s 4.
NEW SECTION. Sec. 402. The following acts or parts of acts are each repealed:
(1) RCW 41.06.140 and 1961 c 1 s 14;
(2) RCW 41.50.804 and 1993 c 281 s 40 & 1975-'76 2nd ex.s. c 105 s 17;
(3) RCW 41.06.520 and 1993 c 281 s 11; and
(4) RCW 28B.16.015 and 1993 c 379 s 310.
NEW SECTION. Sec. 403. The following acts or parts of acts are each repealed:
(1) RCW 41.06.380 and 1979 ex.s. c 46 s 2; and
(2) RCW 41.06.382 and 1979 ex.s. c 46 s 1.
NEW SECTION. Sec. 404. The following acts or parts of acts are each repealed:
(1) RCW 41.64.010 and 1981 c 311 s 1;
(2) RCW 41.64.020 and 1981 c 311 s 3;
(3) RCW 41.64.030 and 1984 c 287 c 73, 1984 c 34 s 4, & 1981 c 311 s 4;
(4) RCW 41.64.040 and 1981 c 311 s 5;
(5) RCW 41.64.050 and 1981 c 311 s 6;
(6) RCW 41.64.060 and 1981 c 311 s 7;
(7) RCW 41.64.070 and 1981 c 311 s 8;
(8) RCW 41.64.080 and 1981 c 311 s 9;
(9) RCW 41.64.090 and 1993 c 281 s 41 & 1981 c 311 s 10;
(10) RCW 41.64.100 and 1981 c 311 s 11;
(11) RCW 41.64.110 and 1985 c 461 s 7 & 1981 c 311 s 12;
(12) RCW 41.64.120 and 1981 c 311 s 13;
(13) RCW 41.64.130 and 1981 c 311 s 14;
(14) RCW 41.64.140 and 1988 c 202 s 42 & 1981 c 311 s 15; and
(15) RCW 41.64.910 and 1981 c 311 s 24.
NEW SECTION. Sec. 405. SECTION CAPTIONS. Part and section captions used in this act constitute no part of the law.
NEW SECTION. Sec. 406. Sections 301 through 325 of this act shall constitute a new chapter in Title 41 RCW.
NEW SECTION. Sec. 407. The governor shall take such action as is necessary, including appointment of the members of the state employment relations commission, to ensure that sections 301 through 325 of this act are implemented on their effective dates.
NEW SECTION. Sec. 408. Until July 1, 1998, the state employment relations commission is authorized to contract with the department of personnel for labor relations staffing necessary to carry out its functions.
NEW SECTION. Sec. 409. 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. 410. (1) Sections 203, 204, 213, 214 through 222, 226, 228 through 231, 237, 301 through 314, and 402 of this act shall take effect July 1, 1996.
(2) Section 208 of this act shall take effect January 1, 1997.
(3) Section 223 of this act shall take effect March 15, 1997.
(4) Sections 403, 235, 236, and 238 of this act shall take effect July 1, 1997.
(5) Sections 224, 225, 234 through 239, and 404 of this act shall take effect July 1, 1998.
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