2662-S AMH MCDE CORD 97

SHB 2662 - H AMD 0250 Adopted 2-18-02

By Representative McDermott

     On page 1, beginning on line 5, strike all of section 1 and insert the following:

     "NEW SECTION. Sec. 1. A new section is added to chapter 41.56 RCW to read as follows:

     (1) Upon the written authorization of an individual provider within the bargaining unit and after the certification or recognition of the bargaining unit's exclusive bargaining representative, the state as payor, but not as the employer, shall, subject to subsection (3) of this section, deduct from the payments to an individual provider the monthly amount of dues as certified by the secretary of the exclusive bargaining representative and shall transmit the same to the treasurer of the exclusive bargaining representative.

     (2) If the home care quality authority and the exclusive bargaining representative of a bargaining unit of individual providers enter into a collective bargaining agreement that:

     (a) Includes a union security provision authorized in RCW 41.56.122, the state as payor, but not as the employer, shall, subject to subsection (3) of this section, enforce the agreement by deducting from the payments to bargaining unit members the dues required for membership in the exclusive bargaining representative, or, for nonmembers thereof, a fee equivalent to the dues; or

     (b) Includes requirements for deductions of payments other than the deduction under (a) of this subsection, the state, as payor, but not as the employer, shall, subject to subsection (3) of this section, make such deductions upon written authorization of the individual provider.

     (3)(a) The initial additional costs to the state in making deductions from the payments to individual providers under this section shall be negotiated, agreed upon in advance, and reimbursed to the state by the exclusive bargaining representative. 

     (b) The allocation of ongoing additional costs to the state in making deductions from the payments to individual providers under this section shall be an appropriate subject of collective bargaining between the exclusive bargaining representative and the home care quality authority unless prohibited by another statute.  If no collective bargaining agreement containing a provision allocating the ongoing additional cost is entered into between the exclusive bargaining representative and the home care quality authority, or if the legislature does not approve funding for the collective bargaining agreement as provided in RCW 74.39A.300, the ongoing additional costs to the state in making deductions from the payments to individual providers under this section shall be negotiated, agreed upon in advance, and reimbursed to the state by the exclusive bargaining representative."

Correct the title.

EFFECT:  The amendment: (1) clarifies that the state, in making deductions from the payment to individual providers, is acting as payor and not as the employer; and (2) modifies the provision that makes the state's additional costs subject to reimbursement by the exclusive bargaining representative. Under the new language, the initial additional costs for making the deductions must be negotiated, agreed upon in advance, and reimbursed to the state by the exclusive bargaining representative.  For ongoing additional costs, the allocation of these costs is an appropriate subject of collective bargaining.  If no agreement allocating the costs is reached, or if the Legislature does not fund the agreement, the allocation of ongoing additional costs must be negotiated, agreed upon in advance, and reimbursed to the state by the exclusive bargaining representative.