SENATE BILL REPORT

SHB 1559

As Reported by Senate Committee On:

Labor & Commerce, February 19, 2018

Ways & Means, February 26, 2018

Title: An act relating to granting binding interest arbitration rights to certain uniformed personnel.

Brief Description: Granting binding interest arbitration rights to certain uniformed personnel.

Sponsors: House Committee on Appropriations (originally sponsored by Representatives Goodman, Hayes, Bergquist, Dolan, Doglio, Griffey, Ryu, Lovick, Fitzgibbon, Sells and Ormsby).

Brief History: Passed House: 1/29/18, 82-13.

Committee Activity: Labor & Commerce: 2/15/18, 2/19/18 [DP-WM].

Ways & Means: 2/24/18, 2/26/18 [DP, DNP, w/oRec].

Majority Report: Do pass and be referred to Committee on Ways & Means.

Signed by Senators Keiser, Chair; Hasegawa, Vice Chair; Conway, King, Kuderer, Saldaña and Wilson.

Staff: Jarrett Sacks (786-7448)

Majority Report: Do pass.

Signed by Senators Rolfes, Chair; Frockt, Vice Chair; Billig, Carlyle, Conway, Darneille, Fain, Hasegawa, Hunt, Keiser, Palumbo, Pedersen, Ranker, Van De Wege and Warnick.

Minority Report: Do not pass.

Signed by Senator Honeyford, Assistant Ranking Member.

Minority Report: That it be referred without recommendation.

Signed by Senators Braun, Ranking Member; Bailey, Becker, Brown, Mullet, Schoesler and Wagoner.

Staff: Amanda Cecil (786-7460)

Background: The Public Employees' Collective Bargaining Act (PECBA). Employees of cities, counties, and other political subdivisions of the state bargain their wages and working conditions under the PECBA. For certain uniformed personnel, the PECBA requires binding interest arbitration if negotiations for a contract reach impasse and cannot be resolved through mediation. Under interest arbitration, an impartial third-party makes decisions regarding the unresolved terms of the contract.

Uniformed personnel include, among others:

• firefighters;

• law enforcement officers in cities and counties of a certain size;

• general authority peace officers and firefighters employed by certain port districts;

• certain correctional employees of jails in counties with populations of 70,000 or more;

• security forces at nuclear power plants; and

• Washington State Patrol (WSP) officers.

The Personnel System Reform Act (PSRA). The PSRA provides for collective bargaining of wages, hours, and other terms and conditions of employment with classified employees of state agencies and institutions of higher education. The PSRA does not provide for binding interest arbitration and does not have separate provisions for uniformed personnel.

The boards of the University of Washington, Washington State University, the regional universities, and The Evergreen State College are authorized to establish police forces for their institutions.

Summary of Bill: The PSRA is amended to provide binding interest arbitration for uniformed personnel. Uniformed personnel are duly sworn police officers employed as members of a police force established by state universities, regional universities, or The Evergreen State College.

Provisions establishing interest arbitration are added to the PSRA, similar to existing provisions in the PECBA. These provisions specify that the right of uniformed personnel to strike is not granted, and also address the following:

• mediation when an agreement is not reached following negotiations;

• arbitration when an agreement is not reached following mediation;

• powers and duties of an arbitration panel;

• procedures for an arbitration hearing; and

• factors to be considered by the arbitration panel.

In addition, provisions are added to the PSRA that are comparable to provisions applicable to the WSP in the PECBA. These provisions:

• establish procedures for appointing an arbitration panel;

• require the Governor to submit either a request for funds to implement the compensation and fringe benefit provisions in an agreement, or a request for legislation necessary to implement an agreement, if the request is submitted to the Director of the Office of Financial Management by October 1 or reflects an arbitration panel's decision; and

• specify that, if an impasse in negotiations results in an arbitration award, that decision is not binding on the Legislature.

The Public Employment Relations Commission is required to review whether existing bargaining units that include uniformed personnel are appropriate and is authorized to modify a unit that is not appropriate. Exclusive bargaining representatives of uniformed personnel continue to represent those units without the necessity of an election as of the bill's effective date. However, there may be proceedings concerning representation after the bill's effective date.

Appropriation: None.

Fiscal Note: Available.

Creates Committee/Commission/Task Force that includes Legislative members: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony (Labor & Commerce): PRO: Campus police are the only law enforcement officers without binding interest arbitration, even though their jobs have the same requirements, same training, and the same risks. Binding interest arbitration is more efficient and ensures employers bargain in good faith because they know they will have to arbitrate. The lack of interest arbitration is making it difficult to get equipment upgrades, which risks officers' lives. The bill should include correctional employees of regional jails, who were excluded from the definition of uniformed personnel even though they do the same job as county correctional officers.

Persons Testifying (Labor & Commerce): PRO: Representative Roger Goodman, Prime Sponsor; Tanesha Van Leuvam, UW Police -Teamsters 117; Ton Johnson, Washington Federation of State Employees; Sean Gannon, SCORE Jail Officer Guild; Joshua Pennell, SCORE Jail Officer Guild.

Persons Signed In To Testify But Not Testifying (Labor & Commerce): No one.

Staff Summary of Public Testimony (Ways & Means): PRO: Higher education law enforcement were left out when this provision was granted to other law enforcement officers.

Persons Testifying (Ways & Means): PRO: Matt Zuvich, Washington Federation of State Employees.

Persons Signed In To Testify But Not Testifying (Ways & Means): No one.