SENATE BILL REPORT

                   HB 2722

              As Reported By Senate Committee On:

              Higher Education, February 21, 2000

Title:  An act relating to bargaining units for employees of institutions of higher education governed by chapter 41.56 RCW.

Brief Description:  Excluding exempt positions from bargaining units of employees of institutions of higher education governed by chapter 41.56 RCW.

Sponsors:  Representatives Kenney, Carlson and Esser; by request of University of Washington.

Brief History:

Committee Activity:  Higher Education:  2/21/2000 [DP].

SENATE COMMITTEE ON HIGHER EDUCATION

Majority Report:  Do pass.

  Signed by Senators Kohl-Welles, Chair; Shin, Vice Chair; Bauer, McAuliffe, Sheahan and B. Sheldon.

Staff:  William Bridges (786-7424)

Background:  Under the state civil service system, classified employees of higher education institutions have limited bargaining rights.  This means that bargaining units and institutions may only bargain over matters within an institution=s legal control.  Certain higher education positions are exempt from the civil service law in RCW 41.06.070(2); for example, administrative and personal assistants, principal assistants to executive heads of major administrative or academic divisions, and other managerial or professional employees.

In 1993, the Legislature granted higher education institutions and unions representing their employees the option to have full collective bargaining under the public employees collective bargaining law, Chapter 41.56 RCW.  This means that bargaining units and institutions may bargain over wages, hours, and working conditions subject to the jurisdiction of the Public Employment Relations Commission (PERC).  The University of Washington and the Classified Staff Association, District 925 (CSA), have exercised that option for several bargaining units.

A dispute arose between the University of Washington and the CSA about whether the civil service exemptions applied to the bargaining units which transferred to the collective bargaining law.  The Executive Director of PERC ruled that they did not.

Summary of Bill:  The applicability of the civil service exemptions is reinstated in RCW 41.06.070 for bargaining units which have been transferred to the public employees collective bargaining law, Chapter 41.56 RCW.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  The bill clarifies the law by incorporating the civil service exemptions in the collective bargaining law.  Both the UW and the union will benefit by clarifying the promotion process of classified employees.  Employees will get an appeal hearing if they disagree with  management's decision regarding exempt status.

Testimony Against:  None.

Testified:  PRO:  Rep. Kenney, prime sponsor; Sarah Scanlon, Service Employees International Union; Dick Thompson, UW.