FINAL BILL REPORT

SSB 5614

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.

C 344 L 11

Synopsis as Enacted

Brief Description: Establishing procedures for requesting the funds necessary to implement the compensation and fringe benefit provisions of bargaining agreements with the University of Washington under chapter 41.80 RCW.

Sponsors: Senate Committee on Labor, Commerce & Consumer Protection (originally sponsored by Senators White, Kilmer, Tom, Kohl-Welles, Keiser, Kline and Conway).

Senate Committee on Labor, Commerce & Consumer Protection

House Committee on Labor & Workforce Development

House Committee on Ways & Means

Background: The Personnel System Reform Act of 2002 (Act) provides for collective bargaining with representatives of civil service employees in general government and institutions of higher education.

For purposes of negotiations, state agencies are represented by the Governor. Institutions of higher education may be represented by either their governing boards or by the Governor. The Act provides for multi-employer bargaining involving state agencies and coalition bargaining involving state agencies and institutions of higher education represented by the Governor. Representatives of more than one bargaining unit must negotiate one master collective bargaining agreement covering all of the represented employees. Representatives of fewer than 500 employees must bargain in one coalition. The coalition must bargain for a master collective bargaining agreement covering all represented employees. For universities and colleges, if the parties mutually agree, the Governor and a bargaining representative must negotiate one master collective bargaining agreement for all of the bargaining units that the representative represents at multiple universities or colleges.

The Governor must submit requests for funds necessary to implement collective bargaining agreements to the Legislature. The request must not be submitted to the Legislature unless two conditions are met. First, the requests must be submitted to the Director of the Office of Financial Management (Director) by October 1 prior to the legislative session at which the requests are to be considered. Second, the request must be certified by the Director as being financially feasible for the state. For institutions of higher education, if a bargaining representative is certified during or after a legislative session and the compensation and fringe benefit provisions of the bargaining unit's initial agreement are submitted before final legislative action on the budget, the Legislature may act upon the provisions.

Summary: Two changes are made to the process for requests for funds to implement the compensation and fringe benefit provisions of agreements. These changes apply only in the case of agreements between the University of Washington and representatives of classified employees.

If appropriations of less than $10,000 are necessary to implement an agreement, the Governor must submit a request for funds to the Legislature if the request is submitted to the Director by October 1 prior to the legislative session at which the request is to be considered. The request need not be certified by the Director as being feasible financially for the state.

If appropriations of $10,000 or more are necessary to implement the agreement and the request is not certified by the Director as being feasible financially for the state, the parties must enter into collective bargaining solely for the purpose of reaching a mutually agreed upon modification to address the absence of requested funds. The Legislature may act on a modified collective bargaining agreement if those provisions are submitted to the Office of Financial Management and legislative budget committees before final legislative action on the operating budget.

Votes on Final Passage:

Senate

47

1

House

95

0

(House amended)

Senate

46

1

(Senate concurred)

Effective:

July 22, 2011.