AN ACT Relating to
collective bargaining for University of Washington employees who are enrolled
in academic programs; adding a new section to chapter 41.56 RCW; creating a new
section; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. (1) This act is intended
to promote cooperative labor relations between the University of Washington and
the employees who provide instructional, research, and related academic
services, and who are enrolled as students at the university by extending collective
bargaining rights under chapter 41.56 RCW and using the orderly procedures
administered by the public employment relations commission. To achieve this
end, the legislature intends that under chapter 41.56 RCW the university will
exclusively bargain in good faith over all matters within the scope of
bargaining under section 2 of this act.
(2) The legislature
recognizes the importance of the shared governance practices developed at the
University of Washington. The legislature does not intend to restrict, limit,
or prohibit the exercise of the functions of the faculty in any shared
governance mechanisms or practices, including the faculty senate, faculty
councils, and faculty codes of the University of Washington; nor does the
legislature intend to restrict, limit, or prohibit the exercise of the
functions of the graduate and professional student senate, the associated
students of the University of Washington, or any other student organization in
matters outside the scope of bargaining covered by chapter 41.56 RCW.
(3) The legislature
intends that nothing in this act will restrict, limit, or prohibit the
University of Washington from consideration of the merits, necessity, or
organization of any program, activity, or service established by the University
of Washington, including, but not limited to, any decision to establish,
modify, or discontinue any such program, activity, or service. The legislature
further intends that nothing in this act will restrict, limit, or prohibit the
University of Washington from having sole discretion over admission
requirements for students, criterion for the award of certificates and degrees
to students, academic criterion for selection of employees covered by this
chapter, initial appointment of students, and the content, conduct, and
supervision of courses, curricula, grading requirements, and research programs.
(4) The legislature
does not intend to limit the matters excluded from collective bargaining to
those items specified in this act.
NEW SECTION. Sec.
2. A new section is added
to chapter 41.56 RCW to read as follows:
(1) In addition to the
entities listed in RCW 41.56.020, this chapter applies to the University of
Washington with respect to employees who are enrolled in an academic program
and are in a classification in (a) through (i) of this subsection on any
University of Washington campus. The employees in (a) through (i) of this
subsection constitute an appropriate bargaining unit:
(a) Predoctoral
instructor;
(b) Predoctoral
lecturer;
(c) Predoctoral
teaching assistant;
(d) Predoctoral
teaching associates I and II;
(e) Tutors, readers,
and graders in all academic units and tutoring centers;
(f) Predoctoral staff
assistant;
(g) Predoctoral staff
associates I and II;
(h) Except as provided
in this subsection (1)(h), predoctoral researcher, predoctoral research
assistant, and predoctoral research associates I and II. The employees that
constitute an appropriate bargaining unit under this subsection (1) do not
include predoctoral researchers, predoctoral research assistants, and
predoctoral research associates I and II who are performing research primarily
related to their dissertation and who have incidental or no service
expectations placed upon them by the university; and
(i) All employees
enrolled in an academic program whose duties and responsibilities are
substantially equivalent to those employees in (a) through (h) of this
subsection.
(2)(a) The scope of
bargaining for employees at the University of Washington under this section
excludes:
(i) The ability to
terminate the employment of any individual if the individual is not meeting
academic requirements as determined by the University of Washington;
(ii) The amount of
tuition or fees at the University of Washington. However, tuition and fee
remission and waiver is within the scope of bargaining;
(iii) The academic
calendar of the University of Washington; and
(iv) The number of
students to be admitted to a particular class or class section at the University
of Washington.
(b)(i) Except as
provided in (b)(ii) of this subsection, provisions of collective bargaining
agreements relating to compensation must not exceed the amount or percentage
established by the legislature in the appropriations act. If any compensation
provision is affected by subsequent modification of the appropriations act by
the legislature, both parties must immediately enter into collective bargaining
for the sole purpose of arriving at a mutually agreed upon replacement for the affected
provision.
(ii) The University of
Washington may provide additional compensation to student employees covered by
this section that exceeds that provided by the legislature.
NEW
SECTION. Sec. 3. This act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
immediately.
