AN ACT Relating to
making payroll deductions for individual providers as defined in RCW
74.39A.240(4); reenacting and amending RCW 41.56.030; and adding a new section
to chapter 41.56 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
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.
Sec. 2. RCW 41.56.030 and 2000 c
23 s 1 and 2000 c 19 s 1 are each reenacted and amended to read as follows:
As used in this
chapter:
(1) "Public
employer" means any officer, board, commission, council, or other person
or body acting on behalf of any public body governed by this chapter, or any
subdivision of such public body. For the purposes of this section, the public
employer of district court or superior court employees for wage-related matters
is the respective county legislative authority, or person or body acting on behalf
of the legislative authority, and the public employer for nonwage-related
matters is the judge or judge's designee of the respective district court or
superior court.
(2) "Public
employee" means any employee of a public employer except any person (a) elected
by popular vote, or (b) appointed to office pursuant to statute, ordinance or
resolution for a specified term of office as a member of a multimember board,
commission, or committee, whether appointed by the executive head or body of
the public employer, or (c) whose duties as deputy, administrative assistant or
secretary necessarily imply a confidential relationship to (i) the executive
head or body of the applicable bargaining unit, or (ii) any person elected by
popular vote, or (iii) any person appointed to office pursuant to statute,
ordinance or resolution for a specified term of office as a member of a
multimember board, commission, or committee, whether appointed by the executive
head or body of the public employer, or (d) who is a court commissioner or a
court magistrate of superior court, district court, or a department of a
district court organized under chapter 3.46 RCW, or (e) who is a personal
assistant to a district court judge, superior court judge, or court
commissioner, or (f) excluded from a bargaining unit under RCW
41.56.201(2)(a). For the purpose of (e) of this subsection, no more than one
assistant for each judge or commissioner may be excluded from a bargaining
unit.
(3) "Bargaining
representative" means any lawful organization which has as one of its
primary purposes the representation of employees in their employment relations
with employers.
(4) "Collective
bargaining" means the performance of the mutual obligations of the public
employer and the exclusive bargaining representative to meet at reasonable
times, to confer and negotiate in good faith, and to execute a written
agreement with respect to grievance procedures and collective negotiations on
personnel matters, including wages, hours and working conditions, which may be
peculiar to an appropriate bargaining unit of such public employer, except that
by such obligation neither party shall be compelled to agree to a proposal or
be required to make a concession unless otherwise provided in this chapter.
(5)
"Commission" means the public employment relations commission.
(6) "Executive
director" means the executive director of the commission.
(7) "Uniformed
personnel" means: (a) Law enforcement officers as defined in RCW
41.26.030 employed by the governing body of any city or town with a population
of two thousand five hundred or more and law enforcement officers employed by
the governing body of any county with a population of ten thousand or more; (b)
correctional employees who are uniformed and nonuniformed, commissioned and
noncommissioned security personnel employed in a jail as defined in RCW
70.48.020(5), by a county with a population of seventy thousand or more, and
who are trained for and charged with the responsibility of controlling and
maintaining custody of inmates in the jail and safeguarding inmates from other
inmates; (c) general authority Washington peace officers as defined in RCW
10.93.020 employed by a port district in a county with a population of one
million or more; (d) security forces established under RCW 43.52.520; (e) fire
fighters as that term is defined in RCW 41.26.030; (f) employees of a port
district in a county with a population of one million or more whose duties
include crash fire rescue or other fire fighting duties; (g) employees of fire
departments of public employers who dispatch exclusively either fire or
emergency medical services, or both; or (h) employees in the several classes of
advanced life support technicians, as defined in RCW 18.71.200, who are
employed by a public employer.
(8) "Institution
of higher education" means the University of Washington, Washington State
University, Central Washington University, Eastern Washington University,
Western Washington University, The Evergreen State College, and the various
state community colleges.
(9) "Home care
quality authority" means the authority under chapter 74.39A RCW.
(10)
"Individual provider" means an individual provider as defined in RCW
74.39A.240(4) who, solely for the purposes of collective bargaining, is
employed by the home care quality authority as provided in RCW 74.39A.270.
