2540-S AMH  CORD 95

SHB 2540 - H AMD Failed 0187 February 19, 2002

By Representative ___

     On page 3, after line 31, insert the following:

     "(3)(a) Strikes by employees covered under this section are prohibited.

     (b) For the purposes of this subsection, "strike" includes any concerted action by employees 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.

     (c)  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 bargaining unit that engaged in a strike."

EFFECT:  Adds that strikes by covered student employees are prohibited and adds a definition of strike that includes any concerted action by employees 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.