Passed by the House April 21, 2005 Yeas 98   ________________________________________ Speaker of the House of Representatives Passed by the Senate April 20, 2005 Yeas 46   ________________________________________ President of the Senate | I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SECOND SUBSTITUTE HOUSE BILL 1188 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 59th Legislature | 2005 Regular Session |
READ FIRST TIME 03/01/05.
AN ACT Relating to negotiating state patrol officer wages and wage-related matters; and amending RCW 41.56.473 and 41.56.475.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 41.56.473 and 1999 c 217 s 3 are each amended to read
as follows:
(1) In addition to the entities listed in RCW 41.56.020, this
chapter applies to the ((Washington)) state ((patrol)) with respect to
the officers of the Washington state patrol appointed under RCW
43.43.020((. Subjects of bargaining include wage-related matters)),
except that the ((Washington)) state ((patrol)) is prohibited from
negotiating ((rates of pay or wage levels and)) any matters relating to
retirement benefits or health care benefits or other employee insurance
benefits.
(2) For the purposes of negotiating wages, wage-related matters,
and nonwage matters, the state shall be represented by the governor or
the governor's designee who is appointed under chapter 41.80 RCW, and
costs of the negotiations under this section shall be reimbursed as
provided in RCW 41.80.140.
(3) The governor or the governor's designee shall consult with the
chief of the Washington state patrol regarding collective bargaining.
(4) The negotiation of provisions pertaining to wages and wage-related matters in a collective bargaining agreement between the
((Washington)) state ((patrol)) and the Washington state patrol
officers is subject to the following:
(a) The state's bargaining representative must periodically consult
with a subcommittee of the joint committee on employment relations
created in RCW 41.80.010(5) which shall consist of the four members
appointed to the joint committee with leadership positions in the
senate and the house of representatives, and the chairs and ranking
minority members of the senate transportation committee and the house
transportation committee, or their successor committees. The
subcommittee must be consulted regarding the appropriations necessary
to implement these provisions in a collective bargaining agreement and,
on completion of negotiations, must be advised on the elements of these
provisions.
(b) Provisions that are entered into before the legislature
approves the funds necessary to implement the provisions must be
conditioned upon the legislature's subsequent approval of the funds.
(5) The governor shall submit a request for funds necessary to
implement the wage and wage-related matters in the collective
bargaining agreement or for legislation necessary to implement the
agreement. Requests for funds necessary to implement the provisions of
bargaining agreements may not be submitted to the legislature by the
governor unless such requests:
(a) Have been submitted to the director of financial management by
October 1st before the legislative session at which the requests are to
be considered; and
(b) Have been certified by the director of financial management as
being feasible financially for the state or reflects the decision of an
arbitration panel reached under RCW 41.56.475.
Sec. 2 RCW 41.56.475 and 1999 c 217 s 4 are each amended to read
as follows:
In addition to the classes of employees listed in RCW 41.56.030(7),
the provisions of RCW 41.56.430 through 41.56.452 and 41.56.470,
41.56.480, and 41.56.490 also apply to Washington state patrol officers
appointed under RCW 43.43.020 as provided in this section, subject to
the following:
(1) The mediator or arbitration panel may consider only matters
that are subject to bargaining under RCW 41.56.473.
(2) The decision of an arbitration panel is not binding on the
legislature and, if the legislature does not approve the funds
necessary to implement provisions pertaining to wages and wage-related
matters of an arbitrated collective bargaining agreement, is not
binding on the state or the Washington state patrol.
(3) In making its determination, the arbitration panel shall be
mindful of the legislative purpose enumerated in RCW 41.56.430 and, as
additional standards or guidelines to aid it in reaching a decision,
shall take into consideration the following factors:
(a) The constitutional and statutory authority of the employer;
(b) Stipulations of the parties;
(c) Comparison of the hours and conditions of employment of
personnel involved in the proceedings with the hours and conditions of
employment of like personnel of like employers of similar size on the
west coast of the United States;
(d) Changes in any of the foregoing circumstances during the
pendency of the proceedings; and
(e) Such other factors, not confined to the foregoing, which are
normally or traditionally taken into consideration in the determination
of matters that are subject to bargaining under RCW 41.56.473.