BILL REQ. #:  H-5527.1 

Read first time 02/14/08.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to protecting the liberties of religious objectors; amending RCW 28B.52.045, 41.56.122, 41.59.100, 41.76.045, 41.80.100, 47.64.160, and 49.66.010; and reenacting and amending RCW 41.06.150.

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

Sec. 1   RCW 28B.52.045 and 1987 c 314 s 8 are each amended to read as follows:
     (1) Upon filing with the employer the voluntary written authorization of a bargaining unit employee under this chapter, the employee organization which is the exclusive bargaining representative of the bargaining unit shall have the right to have deducted from the salary of the bargaining unit employee the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership in the exclusive bargaining representative. Such employee authorization shall not be irrevocable for a period of more than one year. Such dues and fees shall be deducted from the pay of all employees who have given authorization for such deduction, and shall be transmitted by the employer to the employee organization or to the depository designated by the employee organization.
     (2) A collective bargaining agreement may include union security provisions, but not a closed shop. If an agency shop or other union security provision is agreed to, the employer shall enforce any such provision by deductions from the salary of bargaining unit employees affected thereby and shall transmit such funds to the employee organization or to the depository designated by the employee organization.
     (3) An employee who is covered by a union security provision and who asserts a right of nonassociation based on bona fide personally held religious beliefs or based on the tenets or teachings of a church or religious body of which such employee is a member shall pay directly to ((a)) any nonreligious ((charity or other)) charitable organization an amount of money equivalent to the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership in the exclusive bargaining representative. The ((charity)) charitable organization shall be ((agreed upon by the employee and the employee organization to which such employee would otherwise pay the dues and fees. The employee shall furnish written proof that such payments have been made. If the employee and the employee organization do not reach agreement on such matter, the commission shall designate the charitable organization)) registered with the secretary of state or recognized under Title 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code.

Sec. 2   RCW 41.06.150 and 2002 c 371 s 906, 2002 c 354 s 203, 2002 c 354 s 202, and 2002 c 110 s 1 are each reenacted and amended to read as follows:
     The board shall adopt rules, consistent with the purposes and provisions of this chapter, as now or hereafter amended, and with the best standards of personnel administration, regarding the basis and procedures to be followed for:
     (1) The reduction, dismissal, suspension, or demotion of an employee;
     (2) Certification of names for vacancies, including departmental promotions, with the number of names equal to six more names than there are vacancies to be filled, such names representing applicants rated highest on eligibility lists((: PROVIDED, That)). However, when other applicants have scores equal to the lowest score among the names certified, their names shall also be certified;
     (3) Examinations for all positions in the competitive and noncompetitive service;
     (4) Appointments;
     (5) Training and career development;
     (6) Probationary periods of six to twelve months and rejections of probationary employees, depending on the job requirements of the class, except as follows:
     (a) Entry level state park rangers shall serve a probationary period of twelve months;
     (b) The probationary period of campus police officer appointees who are required to attend the Washington state criminal justice training commission basic law enforcement academy shall extend from the date of appointment until twelve months from the date of successful completion of the basic law enforcement academy, or twelve months from the date of appointment if academy training is not required. The board shall adopt rules to ensure that employees promoting to campus police officer who are required to attend the Washington state criminal justice training commission basic law enforcement academy shall have the trial service period extend from the date of appointment until twelve months from the date of successful completion of the basic law enforcement academy, or twelve months from the date of appointment if academy training is not required;
     (7) Transfers;
     (8) Sick leaves and vacations;
     (9) Hours of work;
     (10) Layoffs when necessary and subsequent reemployment, both according to seniority;
     (11) Collective bargaining procedures:
     (a) After certification of an exclusive bargaining representative and upon the representative's request, the director shall hold an election among employees in a bargaining unit to determine by a majority whether to require as a condition of employment membership in the certified exclusive bargaining representative on or after the thirtieth day following the beginning of employment or the date of such election, whichever is the later, and the failure of an employee to comply with such a condition of employment constitutes cause for dismissal((: PROVIDED FURTHER, That)). No more often than once in each twelve-month period after expiration of twelve months following the date of the original election in a bargaining unit and upon petition of thirty percent of the members of a bargaining unit the director shall hold an election to determine whether a majority wish to rescind such condition of employment((: PROVIDED FURTHER, That)). For purposes of this ((clause)) subsection (11)(a), membership in the certified exclusive bargaining representative is satisfied by the payment of monthly or other periodic dues and does not require payment of initiation, reinstatement, or any other fees or fines and includes full and complete membership rights((: AND PROVIDED FURTHER, That)). Further, in order to safeguard the right of nonassociation of public employees, based on bona fide personally held religious beliefs or based on the tenets or teachings of a church or religious body of which such public employee is a member, such public employee shall pay ((to the union, for purposes within the program of the union as designated by such employee that would be in harmony with his or her individual conscience,)) directly to any nonreligious charitable organization registered with the secretary of state or recognized under Title 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code an amount of money equivalent to regular union dues minus any included monthly premiums for union-sponsored insurance programs, and such employee shall not be a member of the union but is entitled to all the representation rights of a union member;
     (b) Agreements between agencies and certified exclusive bargaining representatives providing for grievance procedures and collective negotiations on all personnel matters over which the appointing authority of the appropriate bargaining unit of such agency may lawfully exercise discretion;
     (c) Written agreements may contain provisions for payroll deductions of employee organization dues upon authorization by the employee member and for the cancellation of such payroll deduction by the filing of a proper prior notice by the employee with the appointing authority and the employee organization((: PROVIDED, That)). Nothing contained herein permits or grants to any employee the right to strike or refuse to perform his or her official duties;
     (d) A collective bargaining agreement entered into under this subsection before July 1, 2004, covering employees subject to RCW 41.80.001 and 41.80.010 through 41.80.130, that expires after July 1, 2004, shall remain in full force during its duration, or until superseded by a collective bargaining agreement entered into by the parties under RCW 41.80.001 and 41.80.010 through 41.80.130. However, an agreement entered into before July 1, 2004, may not be renewed or extended beyond July 1, 2005. This subsection (11) does not apply to collective bargaining negotiations or collective bargaining agreements entered into under RCW 41.80.001 and 41.80.010 through 41.80.130;
     (12) Adoption and revision of a comprehensive classification plan for all positions in the classified service, based on investigation and analysis of the duties and responsibilities of each such position.
     (a) The board shall not adopt job classification revisions or class studies unless implementation of the proposed revision or study will result in net cost savings, increased efficiencies, or improved management of personnel or services, and the proposed revision or study has been approved by the director of financial management in accordance with chapter 43.88 RCW.
     (b) Reclassifications, class studies, and salary adjustments are governed by (a) of this subsection and RCW 41.06.152;
     (13) Allocation and reallocation of positions within the classification plan;
     (14) Adoption and revision of a state salary schedule to reflect the prevailing rates in Washington state private industries and other governmental units but the rates in the salary schedules or plans shall be increased if necessary to attain comparable worth under an implementation plan under RCW 41.06.155 and that, for institutions of higher education and related boards, shall be competitive for positions of a similar nature in the state or the locality in which an institution of higher education or related board is located, such adoption and revision subject to approval by the director of financial management in accordance with the provisions of chapter 43.88 RCW;
     (15) Increment increases within the series of steps for each pay grade based on length of service for all employees whose standards of performance are such as to permit them to retain job status in the classified service;
     (16) Optional lump sum relocation compensation approved by the agency director, whenever it is reasonably necessary that a person make a domiciliary move in accepting a transfer or other employment with the state. An agency must provide lump sum compensation within existing resources. If the person receiving the relocation payment terminates or causes termination with the state, for reasons other than layoff, disability separation, or other good cause as determined by an agency director, within one year of the date of the employment, the state is entitled to reimbursement of the lump sum compensation from the person;
     (17) Providing for veteran's preference as required by existing statutes, with recognition of preference in regard to layoffs and subsequent reemployment for veterans and their surviving spouses by giving such eligible veterans and their surviving spouses additional credit in computing their seniority by adding to their unbroken state service, as defined by the board, the veteran's service in the military not to exceed five years. For the purposes of this section, "veteran" means any person who has one or more years of active military service in any branch of the armed forces of the United States or who has less than one year's service and is discharged with a disability incurred in the line of duty or is discharged at the convenience of the government and who, upon termination of such service has received an honorable discharge, a discharge for physical reasons with an honorable record, or a release from active military service with evidence of service other than that for which an undesirable, bad conduct, or dishonorable discharge shall be given((: PROVIDED, HOWEVER, That)). However, the surviving spouse of a veteran is entitled to the benefits of this section regardless of the veteran's length of active military service((: PROVIDED FURTHER, That)). For the purposes of this section "veteran" does not include any person who has voluntarily retired with twenty or more years of active military service and whose military retirement pay is in excess of five hundred dollars per month;
     (18) Permitting agency heads to delegate the authority to appoint, reduce, dismiss, suspend, or demote employees within their agencies if such agency heads do not have specific statutory authority to so delegate((: PROVIDED, That)). However, the board may not authorize such delegation to any position lower than the head of a major subdivision of the agency;
     (19) Assuring persons who are or have been employed in classified positions before July 1, 1993, will be eligible for employment, reemployment, transfer, and promotion in respect to classified positions covered by this chapter;
     (20) Affirmative action in appointment, promotion, transfer, recruitment, training, and career development; development and implementation of affirmative action goals and timetables; and monitoring of progress against those goals and timetables.
     The board shall consult with the human rights commission in the development of rules pertaining to affirmative action. The department of personnel shall transmit a report annually to the human rights commission which states the progress each state agency has made in meeting affirmative action goals and timetables.
     Notwithstanding this section and rules of the board adopted under this section, agencies may place employees on temporary unpaid leave during the 2001-2003 fiscal biennium for the purpose of implementing appropriations reductions enacted in the 2002 supplemental appropriations act. Mandatory unpaid leave must be approved by the agency director, and must be, to the greatest extent possible, mutually agreeable to the employee and employer. Employees taking mandatory temporary unpaid leave will not lose seniority, leave accrual, or health insurance benefits.

Sec. 3   RCW 41.56.122 and 1975 1st ex.s. c 296 s 22 are each amended to read as follows:
     A collective bargaining agreement may:
     (1) Contain union security provisions((: PROVIDED, That)); however, nothing in this section shall authorize a closed shop provision((: PROVIDED FURTHER, That)). Further, agreements involving union security provisions must safeguard the right of nonassociation of public employees based on bona fide personally held religious beliefs or based on the tenets or teachings of a church or religious body of which such public employee is a member. Such public employee shall pay an amount of money equivalent to regular union dues and initiation fee directly to ((a)) any nonreligious ((charity or to another)) charitable organization ((mutually agreed upon by the public employee affected and the bargaining representative to which such public employee would otherwise pay the dues and initiation fee. The public employee shall furnish written proof that such payment has been made. If the public employee and the bargaining representative do not reach agreement on such matter, the commission shall designate the charitable organization)) registered with the secretary of state or recognized under Title 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code. When there is a conflict between any collective bargaining agreement reached by a public employer and a bargaining representative on a union security provision and any charter, ordinance, rule, or regulation adopted by the public employer or its agents, including but not limited to, a civil service commission, the terms of the collective bargaining agreement shall prevail.
     (2) Provide for binding arbitration of a labor dispute arising from the application or the interpretation of the matters contained in a collective bargaining agreement.

Sec. 4   RCW 41.59.100 and 1975 1st ex.s. c 288 s 11 are each amended to read as follows:
     A collective bargaining agreement may include union security provisions including an agency shop, but not a union or closed shop. If an agency shop provision is agreed to, the employer shall enforce it by deducting from the salary payments to members of the bargaining unit the dues required of membership in the bargaining representative, or, for nonmembers thereof, a fee equivalent to such dues. All union security provisions must safeguard the right of nonassociation of employees based on bona fide personally held religious beliefs or based on the tenets or teachings of a church or religious body of which such employee is a member. Such employee shall pay an amount of money equivalent to regular dues and fees directly to ((a)) any nonreligious ((charity or to another)) charitable organization ((mutually agreed upon by the employee affected and the bargaining representative to which such employee would otherwise pay the dues and fees. The employee shall furnish written proof that such payment has been made. If the employee and the bargaining representative do not reach agreement on such matter, the commission shall designate the charitable organization)) registered with the secretary of state or recognized under Title 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code.

Sec. 5   RCW 41.76.045 and 2002 c 356 s 12 are each amended to read as follows:
     (1) Upon filing with the employer the voluntary written authorization of a bargaining unit faculty member under this chapter, the employee organization which is the exclusive bargaining representative of the bargaining unit shall have the right to have deducted from the salary of the bargaining unit faculty member the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership in the exclusive bargaining representative. Such employee authorization shall not be irrevocable for a period of more than one year. Such dues and fees shall be deducted from the pay of all faculty members who have given authorization for such deduction, and shall be transmitted by the employer to the employee organization or to the depository designated by the employee organization.
     (2) A collective bargaining agreement may include union security provisions, but not a closed shop. If an agency shop or other union security provision is agreed to, the employer shall enforce any such provision by deductions from the salary of bargaining unit faculty members affected thereby and shall transmit such funds to the employee organization or to the depository designated by the employee organization.
     (3) A faculty member who is covered by a union security provision and who asserts a right of nonassociation based on bona fide personally held religious beliefs or based on the tenets or teachings of a church or religious body of which such faculty member is a member shall pay directly to ((a)) any nonreligious ((charity or other)) charitable organization an amount of money equivalent to the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership in the exclusive bargaining representative. The ((charity)) charitable organization shall be ((agreed upon by the faculty member and the employee organization to which such faculty member would otherwise pay the dues and fees. The faculty member shall furnish written proof that such payments have been made. If the faculty member and the employee organization do not reach agreement on such matter, the dispute shall be submitted to the commission for determination)) registered with the secretary of state or recognized under Title 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code.

Sec. 6   RCW 41.80.100 and 2002 c 354 s 311 are each amended to read as follows:
     (1) A collective bargaining agreement may contain a union security provision requiring as a condition of employment the payment, no later than the thirtieth day following the beginning of employment or July 1, 2004, whichever is later, of an agency shop fee to the employee organization that is the exclusive bargaining representative for the bargaining unit in which the employee is employed. The amount of the fee shall be equal to the amount required to become a member in good standing of the employee organization. Each employee organization shall establish a procedure by which any employee so requesting may pay a representation fee no greater than the part of the membership fee that represents a pro rata share of expenditures for purposes germane to the collective bargaining process, to contract administration, or to pursuing matters affecting wages, hours, and other conditions of employment.
     (2) An employee who is covered by a union security provision and who asserts a right of nonassociation based on bona fide personally held religious beliefs or based on the tenets((,)) or teachings of a church or religious body of which the employee is a member((,)) shall((, as a condition of employment, make payments to the employee organization, for purposes within the program of the employee organization as designated by the employee that would be in harmony with his or her individual conscience. The amount of the payments shall be equal)) pay directly to any nonreligious charitable organization an amount of money equivalent to the periodic dues and fees uniformly required as a condition of acquiring or retaining membership in the employee organization minus any included monthly premiums for insurance programs sponsored by the employee organization. The charitable organization shall be registered with the secretary of state or recognized under Title 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code. The employee shall not be a member of the employee organization but is entitled to all the representation rights of a member of the employee organization.
     (3) Upon filing with the employer the written authorization of a bargaining unit employee under this chapter, the employee organization that is the exclusive bargaining representative of the bargaining unit shall have the exclusive right to have deducted from the salary of the employee an amount equal to the fees and dues uniformly required as a condition of acquiring or retaining membership in the employee organization. The fees and dues shall be deducted each pay period from the pay of all employees who have given authorization for the deduction and shall be transmitted by the employer as provided for by agreement between the employer and the employee organization.
     (4) Employee organizations that before July 1, 2004, were entitled to the benefits of this section shall continue to be entitled to these benefits.

Sec. 7   RCW 47.64.160 and 1983 c 15 s 7 are each amended to read as follows:
     A collective bargaining agreement may include union security provisions including an agency shop, but not a union or closed shop. If an agency shop provision is agreed to, the employer shall enforce it by deducting from the salary payments to members of the bargaining unit the dues required of membership in the bargaining representative, or, for nonmembers thereof, a fee equivalent to such dues. All union security provisions shall safeguard the right of nonassociation of employees based on bona fide personally held religious beliefs or based on the tenets or teachings of a church or religious body of which such employee is a member. Such employee shall pay an amount of money equivalent to regular dues and fees directly to ((a)) any nonreligious ((charity or to another)) charitable organization ((mutually agreed upon by the employee affected and the bargaining representative to which such employee would otherwise pay the dues and fees. The employee shall furnish written proof that such payment has been made. If the employee and the bargaining representative do not reach agreement on such matter, the commission shall designate the charitable organization)) registered with the secretary of state or recognized under Title 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code.

Sec. 8   RCW 49.66.010 and 1973 2nd ex.s. c 3 s 1 are each amended to read as follows:
     It is the public policy of the state to expedite the settlement of labor disputes arising in connection with health care activities, in order that there may be no lessening, however temporary, in the quality of the care given to patients. It is the legislative purpose by this chapter to promote collective bargaining between health care activities and their employees, to protect the right of employees of health care activities to organize and select collective bargaining units of their own choosing.
     It is further determined that any agreements involving union security including an all-union agreement or agency agreement must safeguard the rights of nonassociation of employees, based on bona fide personally held religious beliefs or based on the tenets or teachings of a church or religious body of which such employee is a member. Such employee must pay an amount of money equivalent to regular union dues and initiation fees and assessments, if any, directly to ((a)) any nonreligious ((charity or to another)) charitable organization ((mutually agreed upon by the employee affected and the representative of the labor organization to which such employee would otherwise pay dues. The employee shall furnish written proof that this has been done. If the employee and representative of the labor organization do not reach agreement on the matter, the department shall designate such organization)) registered with the secretary of state or recognized under Title 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code.