SENATE BILL REPORT
SB 6589


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.

As Reported By Senate Committee On:
Labor, Commerce, Research & Development, February 07, 2008

Title: An act relating to master collective bargaining agreements.

Brief Description: Concerning master collective bargaining agreements.

Sponsors: Senators Spanel, Kohl-Welles, Brandland and Delvin.

Brief History:

Committee Activity: Labor, Commerce, Research & Development: 2/4/08, 2/7/08 [DPS].


SENATE COMMITTEE ON LABOR, COMMERCE, RESEARCH & DEVELOPMENT

Majority Report: That Substitute Senate Bill No. 6589 be substituted therefor, and the substitute bill do pass.Signed by Senators Kohl-Welles, Chair; Keiser, Vice Chair; Holmquist, Ranking Minority Member; Franklin, Hewitt, King, Murray and Prentice.

Staff: Mac Nicholson (786-7445)

Background: Collective bargaining refers to the process of negotiations between an employer or a group of employers and a union or a group of unions. Collective bargaining agreements set out the conditions of employment (wages, hours, fringe benefits, etc.) and procedures to settle disputes arising during the term of the contract. For the purposes of negotiating collective bargaining agreements under state collective bargaining laws, the employer is represented by the Governor. With respect to institutions of higher education, the employer is the respective governing board, or the board's designee, of each of the universities, colleges, or community and technical colleges.

Before submitting a request for funds necessary to implement compensation and fringe benefit provisions in master collective bargaining agreements to the Legislature, the Governor must submit the request to the Office of Financial Management (OFM) by October 1, and OFM must certify the agreement as being feasible financially for the state.

Summary of Bill: The bill as referred to committee was not considered.

Summary of Bill (Recommended Substitute): When the bargaining representative of a bargaining unit is certified after October 1st and for which there is no master collective bargaining agreement, the Legislature may act on the agreed upon compensation and fringe benefit provisions if those provisions are submitted to OFM at least 35 or 50 days before the end of session, depending on the length. OFM then has five days to submit the provisions to the legislative budget committees. If the deadline for submission is not met, then the governor must submit compensation and fringe benefit provisions in the agreement in the next budget request submitted to the legislature.

EFFECT OF CHANGES MADE BY LABOR, COMMERCE, RESEARCH & DEVELOPMENT COMMITTEE (Recommended Substitute As Passed Committee): The recommended substitute eliminates the language allowing bargaining to continue past the October 1st deadline. The recommended substitute also changes the procedure for submitting compensation and fringe benefit provisions of a bargaining unit certified after the October 1st deadline.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony on Proposed Substitute As Heard in Committee: PRO: Existing law provides only a short window to bargain, then go to mediation and fact-finding if needed. The October 1st deadline has been used to beat up employees. Management waits until the last minute to make an offer, making talks unproductive.

OTHER: A concrete deadline is needed in order for the Governor and Legislature to set policy and budgetary priorities. Without a deadline, there is little incentive to finish bargaining. There are few situations where the deadline has not been met in higher education bargaining processes.

Persons Testifying: PRO: Eric Nordlof and Christine Sutton, Public School Employees of Washington.

OTHER: Diane Leigh, OFM Labor Relations; Scott Dilley, Evergreen Freedom Foundation.