BILL REQ. #: S-0566.1
State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 02/06/09. Referred to Committee on Labor, Commerce & Consumer Protection.
AN ACT Relating to interest arbitration for employees of juvenile court services administered under 13.20.060; and amending RCW 41.56.030.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 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)(i) correctional employees who
are uniformed and nonuniformed, commissioned and noncommissioned
security personnel employed in a jail as defined in RCW 70.48.020(5),
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; or (ii) juvenile detention employees who are
uninformed and nonuniformed employees of a juvenile detention division
created pursuant to RCW 13.20.060 and are trained for and charged with
the responsibility of supervising, controlling, monitoring,
programming, classifying and/or maintaining custody of juveniles in
juvenile detention facilities or alternatives to secure detention
programs; (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 or is exempt from licensing under chapter
74.15 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.