State of Washington | 59th Legislature | 2006 Regular Session |
READ FIRST TIME 02/03/06.
AN ACT Relating to implementing the compensation and fringe benefit provisions in the master collective bargaining agreement; and amending RCW 41.80.010.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 41.80.010 and 2002 c 354 s 302 are each amended to
read as follows:
(1) For the purpose of negotiating collective bargaining agreements
under this chapter, the employer shall be represented by the governor
or governor's designee, except as provided for institutions of higher
education in subsection (((4))) (5) of this section.
(2)(a) If an exclusive bargaining representative represents more
than one bargaining unit, the exclusive bargaining representative shall
negotiate with each employer representative as designated in subsection
(1) of this section one master collective bargaining agreement on
behalf of all the employees in bargaining units that the exclusive
bargaining representative represents. For those exclusive bargaining
representatives who represent fewer than a total of five hundred
employees each, negotiation shall be by a coalition of all those
exclusive bargaining representatives. The coalition shall bargain for
a master collective bargaining agreement covering all of the employees
represented by the coalition. The governor's designee and the
exclusive bargaining representative or representatives are authorized
to enter into supplemental bargaining of agency-specific issues for
inclusion in or as an addendum to the master collective bargaining
agreement, subject to the parties' agreement regarding the issues and
procedures for supplemental bargaining. This section does not prohibit
cooperation and coordination of bargaining between two or more
exclusive bargaining representatives.
(b) This subsection (2) does not apply to exclusive bargaining
representatives who represent employees of institutions of higher
education, except when the institution of higher education has elected
to exercise its option under subsection (((4))) (5) of this section to
have its negotiations conducted by the governor or governor's designee
under the procedures provided for general government agencies in
subsections (1) through (3) of this section.
(c) If five hundred or more employees of an independent state
elected official listed in RCW 43.01.010 are organized in a bargaining
unit or bargaining units under RCW 41.80.070, the official shall be
consulted by the governor or the governor's designee before any
agreement is reached under (a) of this subsection concerning
supplemental bargaining of agency specific issues affecting the
employees in such bargaining unit.
(3) The governor shall submit a request for funds necessary to
implement the compensation and fringe benefit provisions in the master
collective bargaining agreement or for legislation necessary to
implement the agreement. Except under subsection (5)(b) of this
section, requests for funds necessary to implement the provisions of
bargaining agreements shall not be submitted to the legislature by the
governor unless such requests:
(a) Have been submitted to the director of the office of financial
management by October 1 prior to the legislative session at which the
requests are to be considered; and
(b) Have been certified by the director of the office of financial
management as being feasible financially for the state.
(4) The legislature shall approve or reject the submission of the
request for funds as a whole. The legislature shall not consider a
request for funds to implement a collective bargaining agreement unless
the request is transmitted to the legislature as part of the governor's
budget document submitted under RCW 43.88.030 and 43.88.060. If the
legislature rejects or fails to act on the submission, either party may
reopen all or part of the agreement or the exclusive bargaining
representative may seek to implement the procedures provided for in RCW
41.80.090.
(((4))) (5)(a) For the purpose of negotiating agreements for
institutions of higher education, the employer shall be the respective
governing board of each of the universities, colleges, or community and
technical colleges or a designee chosen by the board to negotiate on
its behalf. A governing board may elect to have its negotiations
conducted by the governor or governor's designee under the procedures
provided for general government agencies in subsections (1), (2), and
(3) of this section. Prior to entering into negotiations under this
chapter, the institutions of higher education or their designees shall
consult with the director of the office of financial management
regarding financial and budgetary issues that are likely to arise in
the impending negotiations. If appropriations are necessary to
implement the compensation and fringe benefit provisions of the
bargaining agreements reached between institutions of higher education
and exclusive bargaining representatives agreed to under the provisions
of this chapter, the governor shall submit a request for such funds to
the legislature according to the provisions of subsection (3) of this
section.
(((5))) (b) The October 1st deadline under subsection (3)(a) of
this section is suspended, however, if one or both of the parties to an
agreement make application before that date to the commission for
appointment of a mediator to assist in the resolution of differences
that occur during the negotiation of an agreement for compensation and
fringe benefits, or if the parties are engaged in the fact-finding
process provided for in RCW 41.80.090. If the October 1st deadline is
suspended, a request for funds necessary to implement the compensation
and fringe benefit provisions in the master collective bargaining
agreement shall not be submitted by the governor to the legislature
unless:
(i) An agreement is reached by November 15th preceding the
legislative session at which the requests are to be considered on the
compensation and fringe benefit provisions in the master collective
bargaining agreement;
(ii) Such requests have been submitted to the director of financial
management; and
(iii) Such requests have been certified by the director of the
office of financial management as being feasible financially for the
state.
(6) There is hereby created a joint committee on employment
relations, which consists of two members with leadership positions in
the house of representatives, representing each of the two largest
caucuses; the chair and ranking minority member of the house
appropriations committee, or its successor, representing each of the
two largest caucuses; two members with leadership positions in the
senate, representing each of the two largest caucuses; and the chair
and ranking minority member of the senate ways and means committee, or
its successor, representing each of the two largest caucuses. The
governor shall periodically consult with the committee regarding
appropriations necessary to implement the compensation and fringe
benefit provisions in the master collective bargaining agreements, and
upon completion of negotiations, advise the committee on the elements
of the agreements and on any legislation necessary to implement the
agreements.
(((6))) (7) If, after the compensation and fringe benefit
provisions of an agreement are approved by the legislature, a
significant revenue shortfall occurs resulting in reduced
appropriations, as declared by proclamation of the governor or by
resolution of the legislature, both parties shall immediately enter
into collective bargaining for a mutually agreed upon modification of
the agreement.
(((7))) (8) After the expiration date of a collective bargaining
agreement negotiated under this chapter, all of the terms and
conditions specified in the collective bargaining agreement remain in
effect until the effective date of a subsequently negotiated agreement,
not to exceed one year from the expiration date stated in the
agreement. Thereafter, the employer may unilaterally implement
according to law.