BILL REQ. #:  H-3935.1 

Read first time 01/16/2006.   Referred to Committee on Appropriations.

     AN ACT Relating to bargaining for employee paid supplemental pension programs under chapter 41.80 RCW; amending RCW 41.80.020 and 41.80.040; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   Currently, state employees are prohibited from collectively bargaining any aspect of the state pension programs provided by the state for its employees. The intent of this legislation is to maintain the state's pension programs, benefits, and systems as items not subject to collective bargaining between the state and the representatives of its various employee units, but to expressly allow negotiation for collectively bargained employee paid supplemental pension programs provided by nonstate entities.

Sec. 2   RCW 41.80.020 and 2002 c 354 s 303 are each amended to read as follows:
     (1) Except as otherwise provided in this chapter, the matters subject to bargaining include wages, hours, and other terms and conditions of employment, and the negotiation of any question arising under a collective bargaining agreement.
     (2) The employer is not required to bargain over matters pertaining to:
     (a) Health care benefits or other employee insurance benefits, except as required in subsection (3) of this section;
     (b) Any retirement system or retirement benefit administered by the department of retirement systems; or
     (c) Rules of the director of personnel or the Washington personnel resources board adopted under section 203, chapter 354, Laws of 2002.
     (3) Matters subject to bargaining include the number of names to be certified for vacancies, promotional preferences, and the dollar amount expended on behalf of each employee for health care benefits. However, except as provided otherwise in this subsection for institutions of higher education, negotiations regarding the number of names to be certified for vacancies, promotional preferences, and the dollar amount expended on behalf of each employee for health care benefits shall be conducted between the employer and one coalition of all the exclusive bargaining representatives subject to this chapter. Any such provision agreed to by the employer and the coalition shall be included in all master collective bargaining agreements negotiated by the parties. For institutions of higher education, promotional preferences and the number of names to be certified for vacancies shall be bargained under the provisions of RCW 41.80.010(4).
     (4) The employer and the exclusive bargaining representative shall not agree to any proposal that would prevent the implementation of approved affirmative action plans or that would be inconsistent with the comparable worth agreement that provided the basis for the salary changes implemented beginning with the 1983-1985 biennium to achieve comparable worth.
     (5) The employer and the exclusive bargaining representative shall not bargain over matters pertaining to management rights established in RCW 41.80.040.
     (6) Except as otherwise provided in this chapter, if a conflict exists between an executive order, administrative rule, or agency policy relating to wages, hours, and terms and conditions of employment and a collective bargaining agreement negotiated under this chapter, the collective bargaining agreement shall prevail. A provision of a collective bargaining agreement that conflicts with the terms of a statute is invalid and unenforceable.
     (7) This section does not prohibit bargaining that affects contracts authorized by RCW 41.06.142.

Sec. 3   RCW 41.80.040 and 2002 c 354 s 305 are each amended to read as follows:
     The employer shall not bargain over rights of management which, in addition to all powers, duties, and rights established by constitutional provision or statute, shall include but not be limited to the following:
     (1) The functions and programs of the employer, the use of technology, and the structure of the organization;
     (2) The employer's budget and the size of the agency work force, including determining the financial basis for layoffs;
     (3) The right to direct and supervise employees;
     (4) The right to take whatever actions are deemed necessary to carry out the mission of the state and its agencies during emergencies; and
     (5) Retirement plans and retirement benefits provided by any state retirement plan, but not including supplemental pension programs that are provided other than by the state, and purchased entirely through collectively bargained employee contributions.