BILL REQ. #:  H-2117.3 

READ FIRST TIME 03/25/11.   

     AN ACT Relating to promoting efficiency in the Washington state ferry system through personnel and administration reforms; amending RCW 47.64.280, 47.64.011, and 47.64.150; adding a new section to chapter 47.64 RCW; adding a new section to chapter 41.58 RCW; creating new sections; recodifying RCW 47.64.280; and repealing RCW 47.64.080 and 47.64.330.

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

NEW SECTION.  Sec. 1   The legislature finds that the Washington state ferry system is a critical component of the state's highway system. The current system is financially unsustainable and the legislature intends for this act to provide guidance for efficiently managing scarce resources. The legislature recognizes that labor is one of the main cost drivers for operating the system and recent recommendations from the passenger vessel association confirm a similar recognition from legislative studies conducted over the years. The legislature also recognizes the unique skills required of ferry employees to ensure safe and comfortable operations of the Washington state ferry system for both themselves and their customers. Furthermore, the legislature finds that ferry system management must play a strong role in improving the system and controlling costs, and this act is intended to provide the tools necessary for management to be held accountable for the performance of the system. It is time to take on the difficult task of controlling labor costs. This act intends to reign in abuses that have been brought to light and to give clear guidance so that the relationship between employees and management can move from an adversarial one to one where the focus is on improving efficiencies, customer service, and working cohesively.

NEW SECTION.  Sec. 2   By December 31, 2011, the marine employees' commission is merged with the public employment relations commission and becomes an independent division within the public employment relations commission. The office of financial management must oversee the merger and ensure that the only costs transferred to the public employment relations commission are direct costs associated with the members of the marine employees' commission themselves.

Sec. 3   RCW 47.64.280 and 2010 c 283 s 14 are each amended to read as follows:
     (1) There is created the marine employees' commission within the public employment relations commission. The governor shall appoint the marine employees' commission with the consent of the senate. The marine employees' commission shall consist of three members: One member to be appointed from labor, one member from industry, and one member from the public who has significant knowledge of maritime affairs. The public member shall be chair of the marine employees' commission. One of the original members shall be appointed for a term of three years, one for a term of four years, and one for a term of five years. Their successors shall be appointed for terms of five years each, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he or she succeeds. Marine employees' commission members are eligible for reappointment. Any member of the marine employees' commission may be removed by the governor, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause. Marine employees' commission members are not eligible for state retirement under chapter 41.40 RCW by virtue of their service on the marine employees' commission. Members of the marine employees' commission shall be compensated in accordance with RCW 43.03.250 and shall receive reimbursement for official travel and other expenses at the same rate and on the same terms as provided for the transportation commission by RCW 47.01.061. The payments shall be made from the Puget Sound ferry operations account.
     (2) The marine employees' commission shall: (a) Adjust all complaints, grievances, and disputes between labor and management arising out of the operation of the ferry system as provided in RCW 47.64.150; (b) provide for impasse mediation as required in RCW 47.64.210; and (c) perform those duties required in RCW 47.64.300.
     (3)(a) In adjudicating all complaints, grievances, and disputes, the party claiming labor disputes shall, in writing, notify the marine employees' commission, which shall make careful inquiry into the cause thereof and issue an order advising the ferry employee, or the ferry employee organization representing him or her, and the department of transportation, as to the decision of the marine employees' commission.
     (b) The parties are entitled to offer evidence relating to disputes at all hearings conducted by the marine employees' commission. The orders and awards of the marine employees' commission are final and binding upon any ferry employee or employees or their representative affected thereby and upon the department.
     (c) The marine employees' commission shall adopt rules of procedure under chapter 34.05 RCW.
     (d) The marine employees' commission has the authority to subpoena any ferry employee or employees, or their representatives, and any member or representative of the department, and any witnesses. The marine employees' commission may require attendance of witnesses and the production of all pertinent records at any hearings held by the marine employees' commission. The subpoenas of the marine employees' commission are enforceable by order of any superior court in the state of Washington for the county within which the proceeding may be pending.
     ((The commission may hire staff as necessary, appoint consultants, enter into contracts, and conduct studies as reasonably necessary to carry out this chapter.))

NEW SECTION.  Sec. 4   A new section is added to chapter 47.64 RCW to read as follows:
     The joint transportation committee created in RCW 44.04.300 shall periodically meet and consult with the governor to set parameters around ferry employee collective bargaining.

NEW SECTION.  Sec. 5   The public employment relations commission shall coordinate with the department of transportation to provide the joint transportation committee with a report on the implementation of this act by December 31, 2011.

Sec. 6   RCW 47.64.011 and 2006 c 164 s 1 are each amended to read as follows:
     As used in this chapter, unless the context otherwise requires, the definitions in this section shall apply.
     (1) "Collective bargaining representative" means the persons designated by the governor and employee organizations to be the exclusive representatives during collective bargaining negotiations.
     (2) "Commission" means the marine employees' commission created within the public employment relations commission in RCW 47.64.280 (as recodified by this act).
     (3) "Department of transportation" means the department as defined in RCW 47.01.021.
     (4) "Employer" means the state of Washington.
     (5) "Ferry employee" means any employee of the marine transportation division of the department of transportation who is a member of a collective bargaining unit represented by a ferry employee organization and does not include an exempt employee pursuant to RCW 41.06.079.
     (6) "Ferry employee organization" means any labor organization recognized to represent a collective bargaining unit of ferry employees.
     (7) "Lockout" means the refusal of the employer to furnish work to ferry employees in an effort to get ferry employee organizations to make concessions during collective bargaining, grievance, or other labor relation negotiations. Curtailment of employment of ferry employees due to lack of work resulting from a strike or work stoppage shall not be considered a lockout.
     (8) "Office of financial management" means the office as created in RCW 43.41.050.
     (9) "Strike or work stoppage" means a ferry employee's refusal, in concerted action with others, to report to duty, or his or her willful absence from his or her position, or his or her stoppage or slowdown of work, or his or her abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment, for the purpose of inducing, influencing, or coercing a change in conditions, compensation, rights, privileges, or obligations of his, her, or any other ferry employee's employment. A refusal, in good faith, to work under conditions which pose an endangerment to the health and safety of ferry employees or the public, as determined by the master of the vessel, shall not be considered a strike for the purposes of this chapter.

Sec. 7   RCW 47.64.150 and 1983 c 15 s 6 are each amended to read as follows:
     An agreement with a ferry employee organization that is the exclusive representative of ferry employees in an appropriate unit may provide procedures for the consideration of ferry employee grievances and of disputes over the interpretation and application of agreements. Negotiated procedures may provide for binding arbitration of ferry employee grievances and of disputes over the interpretation and application of existing agreements. An arbitrator's decision on a grievance shall not change or amend the terms, conditions, or applications of the collective bargaining agreement. The procedures shall provide for the invoking of arbitration only with the approval of the employee organization. The costs of arbitrators shall be shared equally by the parties.
     Ferry system employees shall follow either the grievance procedures provided in a collective bargaining agreement, or if no such procedures are so provided, shall submit the grievances to the ((marine employees')) commission as provided in RCW 47.64.280 (as recodified by this act).

NEW SECTION.  Sec. 8   RCW 47.64.280 is recodified as a section in chapter 41.58 RCW.

NEW SECTION.  Sec. 9   The following acts or parts of acts are each repealed:
     (1) RCW 47.64.080 (Employee seniority rights) and 1984 c 7 s 341 & 1961 c 13 s 47.64.080; and
     (2) RCW 47.64.330 (Collective bargaining limitations) and 2006 c 164 s 15.