SHB 1329 -
By Committee on Labor, Commerce & Consumer Protection
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature finds that, as of 2010, the
challenges posed by low wages and lack of training that the legislature
identified in enacting the child care career and wage ladder persist,
and the availability of quality child care in the state continues to
suffer. The legislature intends to address these problems by creating
the possibility for a new relationship between child care center
directors and workers and the state. Child care center directors and
workers are to be given the opportunity to work collectively to improve
standards in their profession and to expand opportunities for
educational advancement to ensure continuous quality improvement in the
delivery of early learning services. Family child care providers in
the state have recently been given a similar opportunity, and the
results of their efforts have improved standards and quality for that
segment of the child care industry.
The legislature intends to create a new type of collective
bargaining for these directors and workers whereby they can come
together and bargain with the state over matters within the state's
purview to improve the quality of child care for the state's families.
Unlike traditional collective bargaining, this new approach will afford
these directors and workers the opportunity to bargain with the state
only over the state's support for child care centers, a matter of
common concern to both directors and workers. Specific terms and
conditions of employment at individual centers, which are the subjects
of traditional collective bargaining between employers and their
employees, fall outside the limited scope of bargaining defined by this
act. Accordingly, traditional policy concerns over supervisors and
employees being organized into a common bargaining unit are
inapplicable. Sharing a community of interest in the subjects of
bargaining enables directors and workers to work side by side in the
same bargaining unit for common goals.
This new approach to collective bargaining is available only to
center directors and workers who file a notice of intent to participate
in the initial opt in phase under section 4 of this act. This new
bargaining relationship does not intrude in any manner upon those
relationships governed by the national labor relations act (29 U.S.C.
Sec. 151 et seq.). Child care center directors and workers do not
forfeit their rights under the national labor relations act by becoming
members of an organization that represents them in their dealings with
the state. Under the national labor relations act, an organization
that represents child care center directors and workers in bargaining
with the state under this act is precluded from representing workers
seeking to engage in traditional collective bargaining with their
employer over specific terms and conditions of employment at individual
child care centers.
Nothing in this act is intended to create any unfunded mandates or
financial obligations on child care centers covered by this act.
Sec. 2 RCW 41.56.028 and 2007 c 278 s 2 are each amended to read
as follows:
(1) In addition to the entities listed in RCW 41.56.020, this
chapter applies to the governor with respect to family child care
providers and to child care center directors and workers who choose to
opt in under section 4 of this act. Solely for the purposes of
collective bargaining and as expressly limited under subsections (2)
and (3) of this section, the governor is the public employer of family
child care providers and of child care center directors and workers
who, solely for the purposes of collective bargaining, are public
employees. The public employer shall be represented for bargaining
purposes by the governor or the governor's designee appointed under
chapter 41.80 RCW.
(2) This chapter governs the collective bargaining relationship
between the governor and family child care providers and between the
governor and child care center directors and workers, except as
follows:
(a) ((A statewide unit of all family child care providers is)) The
only units appropriate for purposes of collective bargaining under RCW
41.56.060 are:
(i) A statewide unit for family child care providers; and
(ii) A statewide unit for child care center directors and workers.
(b) The exclusive bargaining representative of family child care
providers or of child care center directors and workers in the units
specified in (a) of this subsection shall be the representative chosen
in an election conducted pursuant to RCW 41.56.070, except that:
(i) In the initial election conducted under chapter 54, Laws of
2006, or this act, if more than one labor organization is on the ballot
and none of the choices receives a majority of the votes cast, a
run-off election shall be held;
(ii) To show at least thirty percent representation within a unit
to accompany a request for an initial election under this act, the
written proof of representation is valid only if collected not more
than two years prior to the date the request is filed with the
commission; and
(iii) The initial election under this act may not occur before the
opt in period has concluded on November 1, 2012.
(c)(i) Notwithstanding the definition of "collective bargaining" in
RCW 41.56.030(4), the scope of collective bargaining for family child
care providers under this section shall be limited solely to: (((i)))
(A) Economic compensation, such as manner and rate of subsidy and
reimbursement, including tiered reimbursements; (((ii))) (B) health and
welfare benefits; (((iii))) (C) professional development and training;
(((iv))) (D) labor-management committees; (((v))) (E) grievance
procedures; and (((vi))) (F) other economic matters. Retirement
benefits shall not be subject to collective bargaining. By such
obligation neither party shall be compelled to agree to a proposal or
be required to make a concession unless otherwise provided in this
chapter.
(((d))) (ii) Notwithstanding the definition of "collective
bargaining" in RCW 41.56.030(4), the matters subject to bargaining
under this section for child care center directors and workers shall be
within the purview of the state and within the community of interest of
child care center directors and workers. The public employer is: (A)
Required to bargain over: (I) The manner and rate of subsidy and
reimbursement, so long as any agreement is consistent with the
provisions of any quality rating and improvement system; (II) funding
for professional development and training; (III) mechanisms and funding
to improve the access of child care centers to health care insurance
and other benefit programs; and (IV) grievance procedures to resolve
disputes arising out of the interpretation or application of the
collective bargaining agreement; and (B) prohibited from bargaining
over retirement benefits. By such obligation neither party shall be
compelled to agree to a proposal or be required to make a concession
unless otherwise provided in this chapter.
(d) The mediation and interest arbitration provisions of RCW
41.56.430 through 41.56.470 and 41.56.480 only apply to family
childcare providers, except that:
(i) With respect to commencement of negotiations between the
governor and the exclusive bargaining representative of family child
care providers, negotiations shall be commenced initially upon
certification of an exclusive bargaining representative under (a) of
this subsection and, thereafter, by February 1st of any even-numbered
year; and
(ii) The decision of the arbitration panel is not binding on the
legislature and, if the legislature does not approve the request for
funds necessary to implement the compensation and benefit provisions of
the arbitrated collective bargaining agreement, is not binding on the
state.
(e) Nothing in chapter 54, Laws of 2006, or this act grants family
child care providers ((do not have)) and child care center directors
and workers the right to strike.
(3) Family child care providers and child care center directors and
workers who are public employees solely for the purposes of collective
bargaining under subsection (1) of this section are not, for that
reason, employees of the state for any purpose. This section applies
only to the governance of the collective bargaining relationship
between the employer and family child care providers and between the
employer and child care center directors and workers as provided in
subsections (1) and (2) of this section.
(4) This section does not create or modify:
(a) The parents' or legal guardians' right to choose and terminate
the services of any family child care provider or any child care center
that provides care for their child or children;
(b) The child care centers' right to choose, direct, and terminate
the services of any child care worker who provides care in the center,
and unless otherwise provided in this chapter, to manage and operate
facilities and programs, including rights to plan, direct, and control
the use of resources;
(c) The rights of employers and employees under the national labor
relations act, 29 U.S.C. Sec. 151 et seq.;
(d) The ((secretary of the department of social and health
services' right to adopt requirements under RCW 74.15.030)) director of
the department of early learning's right to adopt requirements under
chapter 43.215 RCW, except for requirements related to grievance
procedures and collective negotiations on personnel matters as
specified in subsection (2)(c) of this section;
(((c))) (e) Chapter 26.44 or 43.215 RCW((,)) or RCW 43.43.832((,))
or 43.20A.205((, and 74.15.130)); and
(((d))) (f) The legislature's right to make programmatic
modifications to the delivery of state services through child care
subsidy programs, including standards of eligibility of parents, legal
guardians, ((and)) family child care providers and child care centers
participating in child care subsidy programs, ((and)) the nature of
services provided, and the legislature's right to determine standards
for professional development and training, quality criteria, ratings
through programs such as a quality rating system, and incentives for
improving quality. The governor shall not enter into, extend, or renew
any agreement under this section that does not expressly reserve the
legislative rights described in this subsection (4)(((d))) (f).
(5) Upon meeting the requirements of subsection (6) of this
section, the governor must submit, as a part of the proposed biennial
or supplemental operating budget submitted to the legislature under RCW
43.88.030, ((a)) requests for funds necessary to implement the
compensation and benefit provisions of a collective bargaining
agreement for family child care providers and a collective bargaining
agreement for child care center directors and workers entered into
under this section or for legislation necessary to implement such
agreements.
(6) ((A)) Requests for funds necessary to implement the
compensation and benefit provisions of a collective bargaining
agreement for family child care providers and a collective bargaining
agreement for child care center directors and workers entered into
under this section shall not be submitted by the governor to the
legislature unless such ((request has)) requests have been:
(a) Submitted to the director of financial management by October
1st before the legislative session at which the request is to be
considered, except that, for initial negotiations under this section
for family child care providers, the request must be submitted by
November 15, 2006, and for child care center directors and workers, the
request must be submitted by October 1, 2013; ((and))
(b) For family child care providers, certified by the director of
financial management as being feasible financially for the state or
reflects the binding decision of an arbitration panel reached under
this section; and
(c) For child care center directors and workers, certified by the
director of financial management as being financially feasible for the
state. If the director of financial management does not certify those
provisions of the agreement as being feasible financially for the
state, those provisions are not binding on the governor.
(7) The legislature must approve or reject the submission of the
requests for funds as a whole. If the legislature rejects or fails to
act on the submissions, any such agreements will be reopened solely for
the purpose of renegotiating the funds necessary to implement the
agreements.
(8) The governor shall periodically consult with the joint
committee on employment relations established by RCW 41.80.010
regarding appropriations necessary to implement the compensation and
benefit provisions of ((any)) a collective bargaining agreement for
family child care providers and a collective bargaining agreement for
child care center directors and workers and, upon completion of
negotiations, advise the committee on the elements of the agreements
and on any legislation necessary to implement such agreements.
(9) After the expiration date of any collective bargaining
agreement entered into under this section, all of the terms and
conditions specified in any such agreement remain in effect until the
effective date of a subsequent agreement, not to exceed one year from
the expiration date stated in the agreement, except as provided in
subsection (4)(((d))) (f) of this section.
(10) If, after the compensation and benefit provisions of ((an)) a
collective bargaining agreement for family child care providers or for
a collective bargaining agreement for child care center directors and
workers 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.
(11) In enacting this section, the legislature intends to provide
state action immunity under federal and state antitrust laws for the
joint activities of family child care providers and their exclusive
bargaining representative and of child care center directors and
workers and their exclusive bargaining representatives to the extent
such activities are authorized by this chapter.
Sec. 3 RCW 41.56.030 and 2007 c 184 s 2 are each amended to read
as follows:
As used in this chapter:
(1) "Public employer" means any officer, board, commission,
council, or other person or body acting on behalf of any public body
governed by this chapter, or any subdivision of such public body. For
the purposes of this section, the public employer of district court or
superior court employees for wage-related matters is the respective
county legislative authority, or person or body acting on behalf of the
legislative authority, and the public employer for nonwage-related
matters is the judge or judge's designee of the respective district
court or superior court.
(2) "Public employee" means any employee of a public employer
except any person (a) elected by popular vote, or (b) appointed to
office pursuant to statute, ordinance or resolution for a specified
term of office as a member of a multimember board, commission, or
committee, whether appointed by the executive head or body of the
public employer, or (c) whose duties as deputy, administrative
assistant or secretary necessarily imply a confidential relationship to
(i) the executive head or body of the applicable bargaining unit, or
(ii) any person elected by popular vote, or (iii) any person appointed
to office pursuant to statute, ordinance or resolution for a specified
term of office as a member of a multimember board, commission, or
committee, whether appointed by the executive head or body of the
public employer, or (d) who is a court commissioner or a court
magistrate of superior court, district court, or a department of a
district court organized under chapter 3.46 RCW, or (e) who is a
personal assistant to a district court judge, superior court judge, or
court commissioner. For the purpose of (e) of this subsection, no more
than one assistant for each judge or commissioner may be excluded from
a bargaining unit.
(3) "Bargaining representative" means any lawful organization which
has as one of its primary purposes the representation of employees in
their employment relations with employers.
(4) "Collective bargaining" means the performance of the mutual
obligations of the public employer and the exclusive bargaining
representative to meet at reasonable times, to confer and negotiate in
good faith, and to execute a written agreement with respect to
grievance procedures and collective negotiations on personnel matters,
including wages, hours and working conditions, which may be peculiar to
an appropriate bargaining unit of such public employer, except that by
such obligation neither party shall be compelled to agree to a proposal
or be required to make a concession unless otherwise provided in this
chapter.
(5) "Commission" means the public employment relations commission.
(6) "Executive director" means the executive director of the
commission.
(7) "Uniformed personnel" means: (a) Law enforcement officers as
defined in RCW 41.26.030 employed by the governing body of any city or
town with a population of two thousand five hundred or more and law
enforcement officers employed by the governing body of any county with
a population of ten thousand or more; (b) correctional employees who
are uniformed and nonuniformed, commissioned and noncommissioned
security personnel employed in a jail as defined in RCW
70.48.020(((5))) (9), by a county with a population of seventy thousand
or more, and who are trained for and charged with the responsibility of
controlling and maintaining custody of inmates in the jail and
safeguarding inmates from other inmates; (c) general authority
Washington peace officers as defined in RCW 10.93.020 employed by a
port district in a county with a population of one million or more; (d)
security forces established under RCW 43.52.520; (e) firefighters as
that term is defined in RCW 41.26.030; (f) employees of a port district
in a county with a population of one million or more whose duties
include crash fire rescue or other fire fighting duties; (g) employees
of fire departments of public employers who dispatch exclusively either
fire or emergency medical services, or both; or (h) employees in the
several classes of advanced life support technicians, as defined in RCW
18.71.200, who are employed by a public employer.
(8) "Institution of higher education" means the University of
Washington, Washington State University, Central Washington University,
Eastern Washington University, Western Washington University, The
Evergreen State College, and the various state community colleges.
(9) "Home care quality authority" means the authority under chapter
74.39A RCW.
(10) "Individual provider" means an individual provider as defined
in RCW 74.39A.240(4) who, solely for the purposes of collective
bargaining, is a public employee as provided in RCW 74.39A.270.
(11) "Child care subsidy" means a payment from the state through a
child care subsidy program established pursuant to RCW 74.12.340 or
74.08A.340, 45 C.F.R. Sec. 98.1 through 98.17, or any successor
program.
(12) "Family child care provider" means a person who: (a) Provides
regularly scheduled care for a child or children in the home of the
provider or in the home of the child or children for periods of less
than twenty-four hours or, if necessary due to the nature of the
parent's work, for periods equal to or greater than twenty-four hours;
(b) receives child care subsidies; and (c) is either licensed by the
state under ((RCW 74.15.030)) chapter 43.215 RCW or is exempt from
licensing under chapter ((74.15)) 43.215 RCW.
(13) "Adult family home provider" means a provider as defined in
RCW 70.128.010 who receives payments from the medicaid and state-funded
long-term care programs.
(14) "Child care center directors and workers" includes all
employees of child care centers who work on-site at the centers.
"Child care center directors and workers" also includes owners of child
care centers.
(15)(a) "Child care center" means a child care center licensed by
the state under RCW 43.215.500 and 43.215.545 that has at least one
child care slot filled by a child for whom it receives a child care
subsidy.
(b) "Child care center" does not include a child care center:
(i) Operated directly by another unit of government or a tribe;
(ii) Operated by an individual, partnership, profit or nonprofit
corporation, or other entity that operates ten or more child care
centers statewide; or
(iii) Operated by a local nonprofit organization whose primary
mission is to provide social services, including serving children and
families, and that pays membership dues or assessments to either: (A)
A national organization, exempt from income tax under section 501(c)(3)
of the internal revenue code, with more than three million dollars in
membership dues and assessments annually, as reported to the internal
revenue service; or (B) a regional council that is affiliated with a
national organization, exempt from income tax under section 501(c)(3)
of the internal revenue code, with more than two hundred affiliates.
NEW SECTION. Sec. 4 A new section is added to chapter 41.56 RCW
to read as follows:
(1) A child care center may participate in collective bargaining
under this act if the child care center owner or director files a
notice of intent to opt in with the commission. The notice of intent
must: Include the names and addresses of that child care center's
owners, directors, and workers; include written authorization cards
signed by a majority of owners, directors, and workers employed at the
center indicating their desire to opt in; and be filed after June 30,
2012, and before November 2, 2012.
(2) A child care center that does not file a notice of intent with
the commission may not be included in a bargaining unit under this act.
(3) The commission must, upon request, provide to a labor
organization seeking to organize child care center directors and
workers, a list, including names and addresses, of the child care
center owners, directors, and workers provided in notices of intent
submitted under subsection (1) of this section.
Sec. 5 RCW 41.56.113 and 2007 c 184 s 3 are each amended to read
as follows:
(1) Upon the written authorization of an individual provider, a
family child care provider, or an adult family home provider within the
bargaining unit and after the certification or recognition of the
bargaining unit's exclusive bargaining representative, the state as
payor, but not as the employer, shall, subject to subsection (((3)))
(4) of this section, deduct from the payments to an individual
provider, a family child care provider, or an adult family home
provider the monthly amount of dues as certified by the secretary of
the exclusive bargaining representative and shall transmit the same to
the treasurer of the exclusive bargaining representative.
(2) If the governor and the exclusive bargaining representative of
a bargaining unit of individual providers, family child care providers,
or adult family home providers enter into a collective bargaining
agreement that:
(a) Includes a union security provision authorized in RCW
41.56.122, the state as payor, but not as the employer, shall, subject
to subsection (((3))) (4) of this section, enforce the agreement by
deducting from the payments to bargaining unit members the dues
required for membership in the exclusive bargaining representative, or,
for nonmembers thereof, a fee equivalent to the dues; or
(b) Includes requirements for deductions of payments other than the
deduction under (a) of this subsection, the state, as payor, but not as
the employer, shall, subject to subsection (((3))) (4) of this section,
make such deductions upon written authorization of the individual
provider, family child care provider, or adult family home provider.
(3) If the governor and the exclusive bargaining representative of
child care center directors and workers enter into a collective
bargaining agreement that includes a union security provision, in lieu
of the union security provisions authorized under RCW 41.56.122, the
state shall deduct from the monthly amount of the child care subsidy
due to a child care center a monthly representation fee, as certified
by the secretary of the exclusive bargaining representative, for the
costs of representation of child care center directors and workers, and
transmit the representation fee to the secretary of the exclusive
bargaining representative. However:
(a) Any agreement to pay a representation fee must safeguard the
child care center owner's or director's rights of nonassociation based
on bona fide religious tenets or teachings of a church or other
religious body of which the owner or director is a member. The child
care center owner or director shall pay an amount equivalent to the
representation fee to a nonreligious charity or to another charitable
organization;
(b) The child care center shall furnish written proof that such
payment has been made; and
(c) The child care center may not require the child care center
workers to pay a proportionate share of the representation fee.
Individual membership and dues are on a voluntary basis.
(4)(a) The initial additional costs to the state in making
deductions ((from the payments to individual providers, family child
care providers, and adult family home providers)) under this section
shall be negotiated, agreed upon in advance, and reimbursed to the
state by the exclusive bargaining representative.
(b) The allocation of ongoing additional costs to the state in
making deductions ((from the payments to individual providers, family
child care providers, or adult family home providers)) under this
section shall be an appropriate subject of collective bargaining
between the exclusive bargaining representative and the governor unless
prohibited by another statute. If no collective bargaining agreement
containing a provision allocating the ongoing additional cost is
entered into between the exclusive bargaining representative and the
governor, or if the legislature does not approve funding for the
collective bargaining agreement as provided in RCW 74.39A.300,
41.56.028, or 41.56.029, as applicable, the ongoing additional costs to
the state in making deductions ((from the payments to individual
providers, family child care providers, or adult family home
providers)) under this section shall be negotiated, agreed upon in
advance, and reimbursed to the state by the exclusive bargaining
representative.
(((4))) (5) The governor and the exclusive bargaining
representative of a bargaining unit of family child care providers may
not enter into a collective bargaining agreement that contains a union
security provision unless the agreement contains a process, to be
administered by the exclusive bargaining representative of a bargaining
unit of family child care providers, for hardship dispensation for
license- exempt family child care providers who are also temporary
assistance for needy families recipients or WorkFirst participants.
Sec. 6 RCW 41.04.810 and 2007 c 184 s 4 are each amended to read
as follows:
Individual providers, as defined in RCW 74.39A.240, family child
care providers, as defined in RCW 41.56.030, child care center
directors and workers, as defined in RCW 41.56.030, and adult family
home providers, as defined in RCW 41.56.030, are not employees of the
state or any of its political subdivisions and are specifically and
entirely excluded from all provisions of this title, except as provided
in RCW 74.39A.270, 41.56.028, and 41.56.029.
Sec. 7 RCW 43.01.047 and 2007 c 184 s 5 are each amended to read
as follows:
RCW 43.01.040 through 43.01.044 do not apply to individual
providers under RCW 74.39A.220 through 74.39A.300, family child care
providers under RCW 41.56.028, child care center directors and workers
under RCW 41.56.028, or adult family home providers under RCW
41.56.029.
Sec. 8 RCW 43.215.010 and 2007 c 415 s 2 and 2007 c 394 s 2 are
each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Agency" means any person, firm, partnership, association,
corporation, or facility that provides child care and early learning
services outside a child's own home and includes the following
irrespective of whether there is compensation to the agency:
(a) "Child day care center" means an agency that regularly provides
child day care and early learning services for a group of children for
periods of less than twenty-four hours;
(b) "Early learning" includes but is not limited to programs and
services for child care; state, federal, private, and nonprofit
preschool; child care subsidies; child care resource and referral;
parental education and support; and training and professional
development for early learning professionals;
(c) "Family day care provider" means a child day care provider who
regularly provides child day care and early learning services for not
more than twelve children in the provider's home in the family living
quarters;
(d) "Nongovernmental private-public partnership" means an entity
registered as a nonprofit corporation in Washington state with a
primary focus on early learning, school readiness, and parental
support, and an ability to raise a minimum of five million dollars in
contributions;
(e) "Service provider" means the entity that operates a community
facility.
(2) "Agency" does not include the following:
(a) Persons related to the child in the following ways:
(i) Any blood relative, including those of half-blood, and
including first cousins, nephews or nieces, and persons of preceding
generations as denoted by prefixes of grand, great, or great-great;
(ii) Stepfather, stepmother, stepbrother, and stepsister;
(iii) A person who legally adopts a child or the child's parent as
well as the natural and other legally adopted children of such persons,
and other relatives of the adoptive parents in accordance with state
law; or
(iv) Spouses of any persons named in (i), (ii), or (iii) of this
subsection (2)(a), even after the marriage is terminated;
(b) Persons who are legal guardians of the child;
(c) Persons who care for a neighbor's or friend's child or
children, with or without compensation, where the person providing care
for periods of less than twenty-four hours does not conduct such
activity on an ongoing, regularly scheduled basis for the purpose of
engaging in business, which includes, but is not limited to,
advertising such care;
(d) Parents on a mutually cooperative basis exchange care of one
another's children;
(e) Nursery schools or kindergartens that are engaged primarily in
educational work with preschool children and in which no child is
enrolled on a regular basis for more than four hours per day;
(f) Schools, including boarding schools, that are engaged primarily
in education, operate on a definite school year schedule, follow a
stated academic curriculum, accept only school-age children, and do not
accept custody of children;
(g) Seasonal camps of three months' or less duration engaged
primarily in recreational or educational activities;
(h) Facilities providing care to children for periods of less than
twenty-four hours whose parents remain on the premises to participate
in activities other than employment;
(i) Any agency having been in operation in this state ten years
before June 8, 1967, and not seeking or accepting moneys or assistance
from any state or federal agency, and is supported in part by an
endowment or trust fund;
(j) An agency operated by any unit of local, state, or federal
government or an agency, located within the boundaries of a federally
recognized Indian reservation, licensed by the Indian tribe;
(k) An agency located on a federal military reservation, except
where the military authorities request that such agency be subject to
the licensing requirements of this chapter;
(l) An agency that offers early learning and support services, such
as parent education, and does not provide child care services on a
regular basis.
(3) "Applicant" means a person who requests or seeks employment in
an agency.
(4) "Child care center directors and workers" means the same as in
RCW 41.56.030.
(5) "Department" means the department of early learning.
(((5))) (6) "Director" means the director of the department.
(((6))) (7) "Employer" means a person or business that engages the
services of one or more people, especially for wages or salary to work
in an agency.
(((7))) (8) "Enforcement action" means denial, suspension,
revocation, modification, or nonrenewal of a license pursuant to RCW
43.215.300(1) or assessment of civil monetary penalties pursuant to RCW
43.215.300(3).
(((8))) (9) "Family child care licensee" means a person who: (a)
Provides regularly scheduled care for a child or children in the home
of the provider for periods of less than twenty-four hours or, if
necessary due to the nature of the parent's work, for periods equal to
or greater than twenty-four hours; (b) does not receive child care
subsidies; and (c) is licensed by the state under RCW 43.215.200.
(10) "Probationary license" means a license issued as a
disciplinary measure to an agency that has previously been issued a
full license but is out of compliance with licensing standards.
(((9))) (11) "Requirement" means any rule, regulation, or standard
of care to be maintained by an agency.
Sec. 9 RCW 43.215.350 and 2007 c 17 s 15 are each amended to read
as follows:
The director shall have the power and it shall be the director's
duty to engage in negotiated rule making pursuant to RCW
34.05.310(2)(a) with:
(1) The exclusive representative of the unit of family child care
licensees selected in accordance with RCW 43.215.355 and with other
affected interests before adopting requirements that affect family
child care licensees; and
(2) The exclusive representative or representatives of the unit or
units of child care center directors and workers selected in accordance
with RCW 41.56.028 and with other affected interests before adopting
requirements that affect child care center directors and workers. Rule
making under this subsection (2) may not commence until July 1, 2014.
NEW SECTION. Sec. 10 A new section is added to chapter 74.08A
RCW to read as follows:
The department shall adjust the rates of child care subsidies, as
defined in RCW 41.56.030, paid to all child care centers located in a
department of social and health services region to reflect the rate
provisions in a collective bargaining agreement for child care center
directors and workers employed at child care centers located in the
same region that was negotiated under RCW 41.56.028 and funded by the
legislature.
NEW SECTION. Sec. 11 A new section is added to chapter 74.12 RCW
to read as follows:
The department shall adjust the rates of child care subsidies, as
defined in RCW 41.56.030, paid to all child care centers located in a
department of social and health services region to reflect the rate
provisions in a collective bargaining agreement for child care center
directors and workers employed at child care centers located in the
same region that was negotiated under RCW 41.56.028 and funded by the
legislature.
NEW SECTION. Sec. 12 A new section is added to chapter 43.131
RCW to read as follows:
This act shall be terminated June 30, 2019, as provided in section
13 of this act.
NEW SECTION. Sec. 13 A new section is added to chapter 43.131
RCW to read as follows:
The following acts or parts of acts, as now existing or hereafter
amended, are each repealed, effective June 30, 2020:
(1) Section 1 of this act;
(2) Section 2 of this act;
(3) Section 3 of this act;
(4) Section 4 of this act;
(5) Section 5 of this act;
(6) Section 6 of this act;
(7) Section 7 of this act;
(8) Section 8 of this act;
(9) Section 9 of this act;
(10) Section 10 of this act; and
(11) Section 11 of this act.
NEW SECTION. Sec. 14 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 15 If any part of this act is found to be in
conflict with federal requirements that are a prescribed condition to
the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with
respect to the agencies directly affected, and this finding does not
affect the operation of the remainder of this act in its application to
the agencies concerned. Rules adopted under this act must meet federal
requirements that are a necessary condition to the receipt of federal
funds by the state."
SHB 1329 -
By Committee on Labor, Commerce & Consumer Protection
On page 1, line 3 of the title, after "workers;" strike the remainder of the title and insert "amending RCW 41.56.028, 41.56.030, 41.56.113, 41.04.810, 43.01.047, and 43.215.350; reenacting and amending RCW 43.215.010; adding a new section to chapter 41.56 RCW; adding a new section to chapter 74.08A RCW; adding a new section to chapter 74.12 RCW; adding new sections to chapter 43.131 RCW; and creating new sections."
EFFECT: (1) Child care centers that choose to opt-in and
participate in collective bargaining under the act must file a notice
of intent with the Public Employment Relations commission between July
1, 2012, and November 1, 2012.
(2) The notice of intent must include: The names and addresses of
the child care center's owners, directors, and workers; and
authorization cards signed by a majority of the center's owners,
directors, and workers indicating their desire to opt-in.
(3) The requirement that child care centers provide the names and
addresses of its employees to the Department of Early Learning is
removed. Instead, labor organizations wishing to organize may request
this information from the Public Employment Relations Commission.
(4) The requirement that the units for bargaining be based on DSHS
regions is removed and replaced with a statewide unit.
(5) The initial election may not occur before November 1, 2012.
(6) The bargaining representative may not begin negotiations with
the Governor before July 1, 2013, and must submit its request for funds
necessary to implement the agreement by October 1, 2013.
(7) The definition of child care center is modified. A child care
center includes those centers with one or more subsidized children.
The exemptions to this definition are restored. Child care centers
operated by a unit of government, operated by an entity that operates
ten or more child care centers, and operated by large nonprofit
organizations are exempt from the bill.
(8) The subjects of bargaining are modified. The following are
mandatory subjects of bargaining: Subsidy and reimbursement; funding
for professional development and training; mechanisms and funding to
improve access to health care; and grievance procedures. Other
economic support is removed from the items that may be bargained.
(9) Negotiated rule making may not occur before July 1, 2014.
(10) Individual membership and dues are on a voluntary basis.
(11) The bill is subject to JLARC review.
(12) Provides for parity. The Department of Social and Health
Services shall adjust the rates of child care subsidies paid to all
child care centers to reflect the rate provisions in a collective
bargaining agreement for child care center directors and workers.