BP BHEAD INT S [atlas:bill]

AN ACT Relating to state civil service reform, including reform of civil service collective bargaining with respect to issues other than wages; amending RCW 41.06.150, 41.06.160, 41.06.170, and 41.64.090; adding new sections to chapter 41.06 RCW; creating new sections; repealing RCW 41.64.010, 41.64.020, 41.64.030, 41.64.040, 41.64.050, 41.64.060, 41.64.070, 41.64.080, 41.64.090, 41.64.100, 41.64.110, 41.64.120, 41.64.130, 41.64.140, 41.64.910, and 41.06.163; providing effective dates; and declaring an emergency.

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

Sec. 1. RCW 41.06.150 and 1996 c 319 s 2 are each amended to read as follows:

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

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

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

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

(4) Appointments;

(5) Training and career development;

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

(7) Transfers;

(8) Sick leaves and vacations;

(9) Hours of work;

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

(11) Collective bargaining, including:

(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. Employees who are managers as defined in RCW 41.06.022 may not be included in a bargaining unit;

((~~(12)~~)) (b) Certification and decertification of exclusive bargaining representatives((~~: PROVIDED, That~~)) subject to the following:

(i) After certification of an exclusive bargaining representative and upon the representative's request, the director shall hold an election among employees in a bargaining unit to determine by a majority whether to require as a condition of employment membership in the certified exclusive bargaining representative on or after the thirtieth day following the beginning of employment or the date of such election, whichever is the later, and the failure of an employee to comply with such a condition of employment constitutes cause for dismissal((~~: PROVIDED FURTHER, That~~));

(ii) No more often than once in each twelve-month period after expiration of twelve months following the date of the original election in a bargaining unit and upon petition of thirty percent of the members of a bargaining unit the director shall hold an election to determine whether a majority wish to rescind such condition of employment((~~: PROVIDED FURTHER, That~~));

(iii) For purposes of this ((~~clause~~)) subsection, membership in the certified exclusive bargaining representative is satisfied by the payment of monthly or other periodic dues and does not require payment of initiation, reinstatement, or any other fees or fines and includes full and complete membership rights((~~: AND PROVIDED FURTHER, That in order~~)); and

(iv) To safeguard the right of nonassociation of public employees, based on bona fide religious tenets or teachings of a church or religious body of which such public employee is a member, such public employee shall pay to the union, for purposes within the program of the union as designated by such employee that would be in harmony with his or her individual conscience, an amount of money equivalent to regular union dues minus any included monthly premiums for union-sponsored insurance programs, and such employee shall not be a member of the union but is entitled to all the representation rights of a union member;

((~~(13)~~)) (c) 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. Agreements must contain provisions specifying that when an employee covered by this chapter has a right to appeal an issue to the board under this chapter, a collective bargaining provision permitting the employee to contest the issue through the agreement's grievance procedure must specify an election of remedies by the employee. The election of remedies must require the employee to choose to pursue the entire issue through the grievance procedure or through the appeal process, but not both;

((~~(14)~~)) (d) Authorization for written agreements ((~~may~~)) to 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~~));

(e) Nothing contained ((~~herein~~)) in this chapter permits or grants to any employee the right to strike or refuse to perform his or her official duties;

((~~(15)~~)) (12) Adoption and revision of a comprehensive classification plan for all positions in the classified service, based on investigation and analysis of the duties and responsibilities of each such position.

(a) 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.

(b) Beginning July 1, 1995, through June 30, 1997, in addition to the requirements of (a) of this subsection:

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

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

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

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

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

(iii) Adjustments made to the higher education hospital special pay plan are exempt from (b)(i) through (ii) of this subsection.

(c) Reclassifications, class studies, and salary adjustments to be implemented during the 1997-99 and subsequent fiscal biennia are governed by (a) of this subsection and RCW 41.06.152;

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

((~~(17)~~)) (14) Adoption and revision of a state salary schedule to reflect the prevailing rates in Washington state private industries and other governmental units but the rates in the salary schedules or plans shall be increased if necessary to attain comparable worth under an implementation plan under RCW 41.06.155 and that, for institutions of higher education and related boards, shall be competitive for positions of a similar nature in the state or the locality in which an institution of higher education or related board is located, such adoption and revision subject to approval by the director of financial management in accordance with the provisions of chapter 43.88 RCW;

((~~(18)~~)) (15) Increment increases within the series of steps for each pay grade based on length of service for all employees whose standards of performance are such as to permit them to retain job status in the classified service;

((~~(19)~~)) (16) Providing for veteran's preference as required by existing statutes, with recognition of preference in regard to layoffs and subsequent reemployment for veterans and their surviving spouses by giving such eligible veterans and their surviving spouses additional credit in computing their seniority by adding to their unbroken state service, as defined by the board, the veteran's service in the military not to exceed five years. For the purposes of this section, "veteran" means any person who has one or more years of active military service in any branch of the armed forces of the United States or who has less than one year's service and is discharged with a disability incurred in the line of duty or is discharged at the convenience of the government and who, upon termination of such service has received an honorable discharge, a discharge for physical reasons with an honorable record, or a release from active military service with evidence of service other than that for which an undesirable, bad conduct, or dishonorable discharge shall be given: PROVIDED, HOWEVER, That the surviving spouse of a veteran is entitled to the benefits of this section regardless of the veteran's length of active military service: PROVIDED FURTHER, That for the purposes of this section "veteran" does not include any person who has voluntarily retired with twenty or more years of active military service and whose military retirement pay is in excess of five hundred dollars per month;

((~~(20)~~)) (17) Permitting agency heads to delegate the authority to appoint, reduce, dismiss, suspend, or demote employees within their agencies if such agency heads do not have specific statutory authority to so delegate: PROVIDED, That the board may not authorize such delegation to any position lower than the head of a major subdivision of the agency;

((~~(21)~~)) (18) Assuring persons who are or have been employed in classified positions before July 1, 1993, will be eligible for employment, reemployment, transfer, and promotion in respect to classified positions covered by this chapter;

((~~(22)~~)) (19) Affirmative action in appointment, promotion, transfer, recruitment, training, and career development; development and implementation of affirmative action goals and timetables; and monitoring of progress against those goals and timetables.

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

Sec. 2. RCW 41.06.160 and 1993 c 281 s 29 are each amended to read as follows:

(1) 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)) use an appropriate mix of data gathered from surveys conducted by the department and from surveys conducted by other entities to determine the prevailing rates. The prevailing rate results shall be ((~~completed and~~)) forwarded by September 30th of each even-numbered year 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~~)) The information shall also be forwarded 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.))

(2) 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. 3. 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, 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~~)) not later than thirty days after the effective date of such action. 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 board shall furnish the agency concerned with a copy of the appeal in advance of the hearing. The board or hearings officer will process an appeal, or a review of a hearings officer's recommended decision, if any, as quickly as is feasible to provide prompt resolution of the appeal.

(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~~)) not later than thirty days after the effective date of such action.

(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~~)). Notice of such appeal must be filed in writing within thirty days of the action from which appeal is taken.

(5) The board may consolidate two or more appeals when the cases present issues appropriate for joint resolution.

NEW SECTION. Sec. 4. (1) The board may appoint, following consultation with employee organizations and employing agencies, one or more hearings officers to conduct hearings and make recommended decisions in accordance with rules adopted by the board. Hearings officers may not be employees of the state. The hearings officer shall conduct hearings in the same manner and shall have the same authority as provided in hearings by the board. The recommended decision must be forthwith served upon the parties and transmitted to the board.

(2)(a) Within thirty days of service of the recommended decision of a hearings officer, any party adversely affected may request the board to review the recommended decision. The request for review must include a statement of the issues to which the party takes exception. The board's review is limited to the stated issues and the requesting party will be deemed to have waived all objections or irregularities not specifically stated in the request. The requesting party must provide written argument in support of the exceptions and may, at the discretion of the board, provide oral argument. The board's decision is subject to section 6 of this act.

(b) If a request for review of a hearings officer's decision is not filed as required by this section, the recommended decision of the hearings officer shall be adopted by the board as the board's decision.

NEW SECTION. Sec. 5. (1) Hearings on appeals under this chapter shall be open to the public, except for cases in which the board determines there is substantial reason for not having an open hearing or in cases where the employee so requests, and shall be informal with technical rules of evidence not applying to the proceedings except the rules of privilege recognized by law. Both the employee and his or her employing agency shall be notified reasonably in advance of the hearing and may select representatives of their choosing, present and cross‑examine witnesses, and give evidence before the board.

(2) Members of the board or the executive secretary may, and shall at the request of either party, issue subpoenas and subpoenas duces tecum. All testimony shall be on oath administered by a member of the board. The board shall certify to the superior court the facts of any refusals to obey a subpoena, take the oath, or testify. The court shall summarily hear the evidence on such refusal and, if the evidence warrants, punish such refusal in the same manner and to the same extent as for contempt committed before, or in connection with the proceedings of, the court.

(3) The board shall prepare an official record of the hearing, including all testimony, recorded manually or by mechanical device, and exhibits; but it may not be required to transcribe the record unless requested by the employee, who shall be furnished with a complete transcript upon payment of a reasonable charge. However, payment of the cost of a transcript used on appeal shall await determination of the appeal and shall be made by the employing agency if the employee prevails.

NEW SECTION. Sec. 6. (1) Within sixty days after the conclusion of an appeal hearing under this chapter, the board shall make and fully record in its permanent records the following: (a) Findings of fact; (b) conclusions of law when the construction of a rule, regulation, or statute is in question; (c) reasons for the action taken; and (d) the board's order based thereon. The order is final, subject to action by the court on appeal as provided in section 7 of this act.

(2) The board may order the payment to the prevailing party of reasonable attorneys' fees and costs related to the hearing.

(3) The board shall simultaneously send a copy of the findings, conclusions, and order by certified mail to the employing agency and to the employee or the employee's designated representative.

NEW SECTION. Sec. 7. (1) Within thirty days after the recording of an order under section 6 of this act and its mailing, the employee may appeal a decision and order of the board made under RCW 41.06.170(2) to the superior court of Thurston county on one or more of the grounds that the order was:

(a) Founded on or contained an error of law, which shall specifically include error in construction or application of any pertinent rules or regulations;

(b) Contrary to a preponderance of the evidence as disclosed by the entire record with respect to any specified finding or findings of fact;

(d) Based on violation of any constitutional provision; or

(e) Arbitrary or capricious.

(2) The grounds for appeal shall be stated in a written notice of appeal filed with the court, with copies thereof served on the director of personnel or a member of his or her staff or a member of the board and on the employing agency, all within the time stated.

(3) Within thirty days after service of a notice of appeal, or within such further time as the court may allow, the board shall transmit to the court a certified transcript, with exhibits, of the hearing; but by stipulation between the employing agency and the employee the transcript may be shortened, and either party unreasonably refusing to stipulate to such limitation may be ordered by the court to pay the additional cost involved. The court may require or permit subsequent corrections or additions to the transcript.

NEW SECTION. Sec. 8. (1) The court shall review the hearing without a jury on the basis of the transcript and exhibits, except that in case of alleged irregularities in procedure before the board not shown by the transcript the court may order testimony to be given thereon. The court shall upon request by either party hear oral argument and receive written briefs.

(2) The court may affirm the order of the board, remand the matter for further proceedings before the board, or reverse or modify the order if it finds that the objection thereto is well taken on any of the grounds stated. Appellate review of the order of the superior court may be sought as in other civil cases.

Sec. 9. RCW 41.64.090 and 1993 c 281 s 41 are each amended to read as follows:

(1) The board shall have jurisdiction to decide appeals filed on or after July 1, 1981, and before July 1, 1997, of employees under the jurisdiction of the Washington personnel resources board pursuant to RCW 41.06.170, as now or hereafter amended.

(2) The board shall have jurisdiction to decide appeals filed on or after July 1, 1993, and before July 1, 1997, of employees of institutions of higher education and related boards under the jurisdiction of the Washington personnel resources board pursuant to RCW 41.06.170. An appeal under this subsection by an employee of an institution of higher education or a related board shall be held in the county in which the institution is located or the county in which the person was employed when the appeal was filed.

NEW SECTION. Sec. 10. (1) All powers, duties, and functions of the personnel appeals board pertaining to appeals filed under RCW 41.06.170 on or after the effective date of this section are transferred to the Washington personnel resources board. All appeals filed under RCW 41.06.170 before the effective date of this section shall be resolved by the personnel appeals board in accordance with the authorities, rules, and procedures that were in effect at the time of the appeal.

(2) 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 subsection (1) of this section 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 in carrying out the powers, functions, and duties transferred in subsection (1) of this section shall be made available to the Washington personnel resources board. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred in subsection (1) of this section shall be assigned to the Washington personnel resources board.

(3) Any appropriations made to the personnel appeals board for carrying out the powers, functions, and duties transferred in subsection (1) of this section shall, on the effective date of this section, be transferred and credited to the Washington personnel resources board.

(4) 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.

(5) After the effective date of this section, the director of personnel and the executive secretary of the personnel appeals board shall meet and agree upon a schedule for the transfer of personnel appeals board employees and property to the Washington personnel resources board. 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.

(6) The transfer of the powers, duties, functions, and personnel of the personnel appeals board under this section does not affect the validity of any act performed before the effective date of this section. All existing contracts and obligations of the personnel appeals board shall remain in full force and shall be performed by the personnel appeals board.

NEW SECTION. Sec. 11. (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 of the personnel appeals board or the personnel appeals board in the Revised Code of Washington shall be construed to mean the director of personnel or the Washington personnel resources board, respectively.

(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 this chapter, 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.

NEW SECTION. Sec. 12. Sections 4 through 8 and 11 of this act are each added to chapter 41.06 RCW.

NEW SECTION. Sec. 13. 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 s 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 1997 c ... s 9 (section 9 of this act), 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. 14. 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 are each repealed.

NEW SECTION. Sec. 15. With respect to state employees and employing agencies who are parties to a collective bargaining agreement that is in effect on the effective date of this section, this act does not apply until the first day following expiration of the collective bargaining agreement. On that day, this act shall apply without regard to renewal or extension of the agreement.

NEW SECTION. Sec. 16. Sections 1 through 10, 12, 14, and 15 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 1997.

(2) Sections 11 and 13 of this act take effect January 1, 1998.