AN
ACT Relating to reasonable assurance of employment for employees of educational
institutions; amending RCW 50.44.053 and 50.44.080; adding a new section to
chapter 50.44 RCW; creating new sections; and declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 50.44 RCW to read as follows:
The
legislature finds the interests of the state and its citizens are best served
by a strong community and technical college system. As described by their
establishing legislation, these two‑year institutions are an independent,
unique, and vital section of our state's higher education system, separate from
both the common school system and other institutions of higher education.
Paramount to that system's success is the attraction and retention of qualified
instructors. In order to attract and retain instructors, those who are subject
to uncertainties of employment must be provided assurance their economic needs
are addressed. Over time, a change in hiring patterns has occurred, and for
the last decade a substantial portion of community and technical college
faculty are hired on a contingent, as needed, basis. That contingent nature
distinguishes them from the more stable, majority employment found in the
common school system and in the other institutions of higher education.
Contingent assurances of future employment are often speculative and do not
rise to the level of other forms of assurance. As such, assurances conditioned
on forecast enrollment, funding, or program decisions are typically not
reasonable assurances of employment.
It
is the intent of the legislature that reasonable assurance continue to apply to
all employees of educational institutions as required by federal provisions and
RCW 50.44.080.
Sec.
2. RCW
50.44.053 and 1998 c 233 s 3 are each amended to read as follows:
(1)
The term "reasonable assurance," as used in RCW 50.44.050, means a
written, verbal, or implied agreement that the employee will perform services
in the same capacity during the ensuing academic year or term as in the first
academic year or term. A person shall not be deemed to be performing services
"in the same capacity" unless those services are rendered under the
same terms or conditions of employment in the ensuing year as in the first
academic year or term.
(2)
An individual who is tenured or holds tenure track status is considered to have
reasonable assurance, unless advised otherwise by the college. For the purposes
of this section, tenure track status means a probationary faculty employee
having an opportunity to be reviewed for tenure.
(3)
In the case of community and technical colleges assigned the standard
industrial classification code 8222 or the north American industry
classification system code 611210 for services performed in a principal
administrative, research, or instructional capacity, a person is presumed not
to have reasonable assurance under an offer that is conditioned on enrollment,
funding, or program changes. It is the college's burden to provide sufficient
documentation to overcome this presumption. Reasonable assurance must be
determined on a case-by-case basis by the total weight of evidence rather than
the existence of any one factor. Primary weight must be given to the
contingent nature of an offer of employment based on enrollment, funding, and
program changes.
Sec.
3. RCW
50.44.080 and 1971 c 3 s 25 are each amended to read as follows:
((RCW
50.44.010 through 50.44.070 have been enacted to meet the requirements imposed
by the federal unemployment tax act as amended by 91-373. Internal references
in any section of chapter 3, Laws of 1971 to the provisions of that act are
intended only to apply to those provisions as they existed as of January 28,
1971.))
In
view of the importance of compliance of this chapter ((3, Laws of
1971)) with the federal unemployment tax act, any ambiguities contained
herein should be resolved in a manner consistent with the provisions of that
act. ((Considerable weight has been given to the commentary contained in
that document entitled "Draft Legislation to Implement the Employment
Security Amendments of 1970 . . . H.R. 14705", published by the
United States Department of Labor, Manpower Administration, and that commentary
should be referred to when interpreting the provisions of chapter 3, Laws of 1971.))
Department of labor guidelines implementing this act should be referred to
when interpreting the provisions of this chapter.
Language
in this chapter ((3, Laws of 1971)) concerning the extension of
coverage to employers entitled to make payments in lieu of contributions
should, in a manner consistent with the foregoing paragraph, be construed so as
to have a minimum financial impact on the employers subject to the experience
rating provisions of this title.
NEW
SECTION. Sec. 4. If
any part of this act is found to be in conflict with federal requirements that
are a prescribed condition to the allocation of federal funds to the state or
the eligibility of employers in this state for federal unemployment tax
credits, the conflicting part of this act is inoperative solely to the extent
of the conflict, and the finding or determination does not affect the operation
of the remainder of this act. Rules adopted under this act must meet federal
requirements that are a necessary condition to the receipt of federal funds by
the state or the granting of federal unemployment tax credits to employers in
this state.
NEW
SECTION. Sec. 5. If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
NEW
SECTION. Sec. 6. This
act applies to weeks that begin after March 31, 2001.
NEW
SECTION. Sec. 7. 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.
