2403-S2 AMH CLEM CORD 83 Failed 2-12-02

2SHB 2403 - H AMD

By Representative Clements

     On page 12, line 25, after "REMEDIES." insert "(1)"

     On page 12, after line 35, insert the following:

     "(2) For the purposes of this subsection, "strike" includes any concerted action by faculty members or employee organizations to suspend, curtail, interrupt, withhold, or otherwise fail or refuse to perform fully their normal duties or services as employees in connection with a controversy concerning terms or conditions of their public employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of their public employment, regardless of whether the disputants in the controversy stand in the proximate relation of employer and employee.  A strike includes, but is not limited to, any concerted action that would result in delaying the determination of student grades or that would impair a student's eligibility to graduate because of the failure to perform normal duties.

     (3)  If, upon the motion of a student or student's parent, faculty member, or the employer, a court finds that as a result of a strike student grades are unreasonably delayed or that a student's eligibility to graduate is impaired because of a delayed transcript, the court shall impose a civil penalty of one thousand dollars for each day of the delay to be paid by the exclusive bargaining representative of the faculty bargaining unit that engaged in a strike."

EFFECT:  Adds a definition of strike that includes any concerted action by faculty members who fail to perform their normal duties fully, including actions that result in delaying student grades or impairing student graduation.  A court must impose a $1,000 penalty for each day of delay, to be paid by the exclusive bargaining representative.