Passed by the Senate April 20, 2011 YEAS 46   ________________________________________ President of the Senate Passed by the House April 8, 2011 YEAS 95   ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5614 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/15/11.
AN ACT Relating to requests for funds necessary to implement the compensation and fringe benefit provisions of bargaining agreements with the University of Washington under chapter 41.80 RCW; and amending RCW 41.80.010.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 41.80.010 and 2010 c 104 s 1 are each amended to read
as follows:
(1) For the purpose of negotiating collective bargaining agreements
under this chapter, the employer shall be represented by the governor
or governor's designee, except as provided for institutions of higher
education in subsection (4) of this section.
(2)(a) If an exclusive bargaining representative represents more
than one bargaining unit, the exclusive bargaining representative shall
negotiate with each employer representative as designated in subsection
(1) of this section one master collective bargaining agreement on
behalf of all the employees in bargaining units that the exclusive
bargaining representative represents. For those exclusive bargaining
representatives who represent fewer than a total of five hundred
employees each, negotiation shall be by a coalition of all those
exclusive bargaining representatives. The coalition shall bargain for
a master collective bargaining agreement covering all of the employees
represented by the coalition. The governor's designee and the
exclusive bargaining representative or representatives are authorized
to enter into supplemental bargaining of agency-specific issues for
inclusion in or as an addendum to the master collective bargaining
agreement, subject to the parties' agreement regarding the issues and
procedures for supplemental bargaining. This section does not prohibit
cooperation and coordination of bargaining between two or more
exclusive bargaining representatives.
(b) This subsection (2) does not apply to exclusive bargaining
representatives who represent employees of institutions of higher
education, except when the institution of higher education has elected
to exercise its option under subsection (4) of this section to have its
negotiations conducted by the governor or governor's designee under the
procedures provided for general government agencies in subsections (1)
through (3) of this section.
(c) If five hundred or more employees of an independent state
elected official listed in RCW 43.01.010 are organized in a bargaining
unit or bargaining units under RCW 41.80.070, the official shall be
consulted by the governor or the governor's designee before any
agreement is reached under (a) of this subsection concerning
supplemental bargaining of agency specific issues affecting the
employees in such bargaining unit.
(3) The governor shall submit a request for funds necessary to
implement the compensation and fringe benefit provisions in the master
collective bargaining agreement or for legislation necessary to
implement the agreement. Requests for funds necessary to implement the
provisions of bargaining agreements shall not be submitted to the
legislature by the governor unless such requests:
(a) Have been submitted to the director of the office of financial
management by October 1 prior to the legislative session at which the
requests are to be considered; and
(b) Have been certified by the director of the office of financial
management as being feasible financially for the state.
The legislature shall approve or reject the submission of the
request for funds as a whole. The legislature shall not consider a
request for funds to implement a collective bargaining agreement unless
the request is transmitted to the legislature as part of the governor's
budget document submitted under RCW 43.88.030 and 43.88.060. If the
legislature rejects or fails to act on the submission, either party may
reopen all or part of the agreement or the exclusive bargaining
representative may seek to implement the procedures provided for in RCW
41.80.090.
(4)(a)(i) For the purpose of negotiating agreements for
institutions of higher education, the employer shall be the respective
governing board of each of the universities, colleges, or community
colleges or a designee chosen by the board to negotiate on its behalf.
(ii) A governing board of a university or college may elect to have
its negotiations conducted by the governor or governor's designee under
the procedures provided for general government agencies in subsections
(1) through (3) of this section, except that:
(A) The governor or the governor's designee and an exclusive
bargaining representative shall negotiate one master collective
bargaining agreement for all of the bargaining units of employees of a
university or college that the representative represents; or
(B) If the parties mutually agree, the governor or the governor's
designee and an exclusive bargaining representative shall negotiate one
master collective bargaining agreement for all of the bargaining units
of employees of more than one university or college that the
representative represents.
(iii) A governing board of a community college may elect to have
its negotiations conducted by the governor or governor's designee under
the procedures provided for general government agencies in subsections
(1) through (3) of this section.
(b) Prior to entering into negotiations under this chapter, the
institutions of higher education or their designees shall consult with
the director of the office of financial management regarding financial
and budgetary issues that are likely to arise in the impending
negotiations.
(c)(i) In the case of bargaining agreements reached between
institutions of higher education other than the University of
Washington and exclusive bargaining representatives agreed to under the
provisions of this chapter, if appropriations are necessary to
implement the compensation and fringe benefit provisions of the
bargaining agreements ((reached between institutions of higher
education and exclusive bargaining representatives agreed to under the
provisions of this chapter)), the governor shall submit a request for
such funds to the legislature according to the provisions of subsection
(3) of this section, except as provided in (c)(((ii))) (iii) of this
subsection.
(ii) In the case of bargaining agreements reached between the
University of Washington and exclusive bargaining representatives
agreed to under the provisions of this chapter, if appropriations are
necessary to implement the compensation and fringe benefit provisions
of a bargaining agreement, the governor shall submit a request for such
funds to the legislature according to the provisions of subsection (3)
of this section, except as provided in this subsection (4)(c)(ii) and
as provided in (c)(iii) of this subsection.
(A) If appropriations of less than ten thousand dollars are
necessary to implement the provisions of a bargaining agreement, a
request for such funds shall not be submitted to the legislature by the
governor unless the request has been submitted to the director of the
office of financial management by October 1 prior to the legislative
session at which the request is to be considered.
(B) If appropriations of ten thousand dollars or more are necessary
to implement the provisions of a bargaining agreement, a request for
such funds shall not be submitted to the legislature by the governor
unless the request:
(I) Has been submitted to the director of the office of financial
management by October 1 prior to the legislative session at which the
request is to be considered; and
(II) Has been certified by the director of the office of financial
management as being feasible financially for the state.
(C) If the director of the office of financial management does not
certify a request under (c)(ii)(B) of this subsection as being feasible
financially for the state, the parties shall enter into collective
bargaining solely for the purpose of reaching a mutually agreed upon
modification of the agreement necessary to address the absence of those
requested funds. The legislature may act upon the compensation and
fringe benefit provisions of the modified collective bargaining
agreement if those provisions are agreed upon and submitted to the
office of financial management and legislative budget committees before
final legislative action on the biennial or supplemental operating
budget by the sitting legislature.
(iii) In the case of a bargaining unit of employees of institutions
of higher education in which the exclusive bargaining representative is
certified during or after the conclusion of a legislative session, the
legislature may act upon the compensation and fringe benefit provisions
of the unit's initial collective bargaining agreement if those
provisions are agreed upon and submitted to the office of financial
management and legislative budget committees before final legislative
action on the biennial or supplemental operating budget by the sitting
legislature.
(5) There is hereby created a joint committee on employment
relations, which consists of two members with leadership positions in
the house of representatives, representing each of the two largest
caucuses; the chair and ranking minority member of the house
appropriations committee, or its successor, representing each of the
two largest caucuses; two members with leadership positions in the
senate, representing each of the two largest caucuses; and the chair
and ranking minority member of the senate ways and means committee, or
its successor, representing each of the two largest caucuses. The
governor shall periodically consult with the committee regarding
appropriations necessary to implement the compensation and fringe
benefit provisions in the master collective bargaining agreements, and
upon completion of negotiations, advise the committee on the elements
of the agreements and on any legislation necessary to implement the
agreements.
(6) If, after the compensation and fringe benefit provisions of an
agreement 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.
(7) After the expiration date of a collective bargaining agreement
negotiated under this chapter, all of the terms and conditions
specified in the collective bargaining agreement remain in effect until
the effective date of a subsequently negotiated agreement, not to
exceed one year from the expiration date stated in the agreement.
Thereafter, the employer may unilaterally implement according to law.