HB 1916

Washington State House of Representatives Office of Program Research	BILL ANALYSIS

Commerce & Labor Committee

HB 1916

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Applying interest arbitration to certain care providers.

Sponsors: Representatives Conway, Ericksen, Moeller, Strow, Green, Haler, Appleton, Seaquist, Chase, Priest, McDermott, Walsh, Ormsby, Hasegawa, Fromhold, Kessler, Dunshee, Dunn, Sells, Wood, P. Sullivan, Kenney and Morrell.

Brief Summary of Bill

Specifies additional factors to be considered by an interest arbitration panel resolving an impasse in collective bargaining involving individual providers or family child care providers under the Public Employees' Collective Bargaining Act.

Hearing Date: 2/13/07

Staff: Jill Reinmuth (786-7134).

Background:

Both individual home care workers (individual providers) and family child care providers have collective bargaining rights under the Public Employees' Collective Bargaining Act (PECBA). For individual providers and family child care providers, the PECBA recognizes the public policy against strikes as a means of settling labor disputes. To resolve impasses over contract negotiations involving these personnel, the PECBA requires binding interest arbitration if negotiations for a contract reach impasse and cannot be resolved through mediation.

For all personnel who are subject to binding interest arbitration under the PECBA, an interest arbitration panel must consider:

The authority of the employer;
The stipulations of the parties;
A comparison of wages, hours, and conditions of employment of personnel involved in the proceedings with those of like personnel;
The cost-of-living;
Changes in circumstances in any of these factors during the proceedings; and
Other factors normally or traditionally considered in the determination of wages, hours, and conditions of employment.

For individual providers and family child care providers, an interest arbitration panel must also consider the financial ability of the state to pay for the compensation and benefit provisions of a collective bargaining agreement.

Summary of Bill:

Additional factors to be considered by an interest arbitration panel resolving an impasse in collective bargaining involving individual providers or family child care providers under the Public Employees' Collective Bargaining Act are specified.

For individual home care workers (individual providers), an interest arbitration panel must also consider:

A comparison of the wages, hours, and conditions of employment of public sector personnel and publicly reimbursed personnel;
The public's interest in reducing turnover and increasing retention of home care employees;
The state's interest in promoting a stable long-term care workforce;
The state's fiscal interest in reducing reliance on public benefit programs; and
The state's interest in ensuring access to affordable, quality health care for state citizens.

For family child care providers, an interest arbitration panel must also consider:

A comparison of child care provider subsidy rates and reimbursement programs by public entities along the west coast of the United States;
The public's interest in reducing turnover and increasing retention of child care employees;
The state's interest in promoting a stable child care workforce; and
For family child care providers who are exempt from licensing, the state's fiscal interest in reducing reliance on public benefit programs.

Rules Authority: The bill does not address the rule-making powers of an agency.

Appropriation: None.

Fiscal Note: Requested on February 8, 2007.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.