AN ACT Relating to community college negotiations by academic personnel; amending RCW 28B.52.010, 28B.52.030, 28B.52.035, 28B.52.060, 28B.52.080, and 28B.52.200; and adding new sections to chapter 28B.52 RCW.

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

Sec. 1. Section 1, chapter 196, Laws of 1971 ex. sess. and RCW 28B.52.010 are each amended to read as follows:

It is the purpose of this chapter to strengthen methods of administering employer-employee relations through the establishment of orderly methods of communication between academic employees and the community college districts by which they are employed. It is the intent of this chapter to promote activity that includes the elements of open communication and access to information in a timely manner, with reasonable discussion and interpretation of that information. It is the further intent that such activity shall be characterized by mutual respect, integrity, reasonableness, and a desire on the part of the parties to address and resolve the points of concern.

Sec. 2. Section 3, chapter 196, Laws of 1971 ex. sess. as amended by section 2, chapter 205, Laws of 1973 1st ex. sess. and RCW 28B.52.030 are each amended to read as follows:

Representatives of an employee organization, which organization shall by secret ballot have won a majority in an election to represent the academic employees within ((~~its community college district~~)) the employee organization, shall have the right((~~, after using established administrative channels,~~)) to meet((, confer and negotiate with the board of trustees of the community college district or its delegated representative(s) to communicate the considered professional judgment of the academic staff prior to the final adoption by the board of proposed community college district policies relating to, but not limited to, curriculum, textbook selection, in-service training, student teaching programs, personnel, hiring and assignment practices, leaves of absence, salaries and salary schedules and noninstructional duties)) at reasonable times in light of the time limitations of the budget-making process, and to bargain in good faith in an effort to reach an agreement with respect to wages, hours, and terms and conditions of employment: PROVIDED, That prior law, practice, or interpretation shall be neither restrictive, expansive, nor determinative with respect to the scope of bargaining.

Sec. 3. Section 4, chapter 205, Laws of 1973 1st ex. sess. and RCW 28B.52.035 are each amended to read as follows:

At the conclusion of any negotiation processes as provided for in RCW 28B.52.030, any matter upon which the parties have reached agreement shall be reduced to writing and acted upon in a regular or special meeting of the boards of trustees, and become part of the official proceedings of said board meeting. The length of terms within any such agreement shall be for not more than three fiscal years. These agreements ((~~will not be binding upon future actions of~~)) shall be subject to subsequent modification by the legislature.

NEW SECTION. Sec. 4. A new section is added to chapter 28B.52 RCW to read as follows:

A board of trustees or an employee organization that enters into a negotiated agreement pursuant to RCW 28B.52.030 may include in the agreement procedures for binding arbitration of the disputes arising about the interpretation or application of the agreement.

NEW SECTION. Sec. 5. A new section is added to chapter 28B.52 RCW to read as follows:

Except as otherwise expressly provided in this chapter, this chapter shall not be construed to deny or otherwise abridge any rights, privileges, or benefits granted by law to employees. This chapter shall not be construed to interfere with the responsibilities and rights of the board of trustees as specified by federal and state law, including the board's responsibilities to students, the public, and other constituent elements of the institution.

Sec. 6. Section 5, chapter 196, Laws of 1971 ex. sess. as last amended by section 13, chapter 296, Laws of 1975 1st ex. sess. and RCW 28B.52.060 are each amended to read as follows:

The commission is authorized to conduct ((~~fact-finding and~~)) mediation activities upon the ((~~consent~~)) request of ((~~both parties~~)) either party as a means of assisting in the settlement of unresolved matters considered under this chapter.

In the event that any matter being jointly considered by the employee organization and the board of trustees of the community college district is not settled by the means provided in this chapter, either party, twenty-four hours after serving written notice of its intended action to the other party, may, request the assistance and advice of the commission. Nothing in this section prohibits an employer and an employee organization from agreeing to substitute, at their own expense, some other impasse procedure or other means of resolving matters considered under this chapter.

Sec. 7. Section 7, chapter 196, Laws of 1971 ex. sess. as last amended by section 14, chapter 296, Laws of 1975 1st ex. sess. and RCW 28B.52.080 are each amended to read as follows:

The commission shall adopt reasonable rules and regulations for the administration of employer-employee relations under this chapter. The board((s)) of trustees or the employer organization may request the services of the commission to assist in the ((~~conduction~~)) conduct of certification elections as provided for in RCW 28B.52.030 or the settlement of representational disputes that may arise under rights granted by this chapter.

NEW SECTION. Sec. 8. A new section is added to chapter 28B.52 RCW to read as follows:

The commission may adjudicate any unfair labor practices alleged by a board of trustees or an employee organization and shall adopt reasonable rules to administer this section.

NEW SECTION. Sec. 9. A new section is added to chapter 28B.52 RCW to read as follows:

(1) It shall be an unfair labor practice for an employer:

(a) To interfere with, restrain, or coerce employees in the exercise of the rights guaranteed by this chapter;

(b) To dominate or interfere with the formation or administration of any employee organization or contribute financial or other support to it: PROVIDED, That subject to rules adopted by the commission, an employer shall not be prohibited from permitting employees to confer with it or its representatives or agents during working hours without loss of time or pay;

(c) To encourage or discourage membership in any employee organization by discrimination in regard to hire, tenure of employment, or any term or condition of employment;

(d) To discharge or discriminate otherwise against an employee because that employee has filed charges or given testimony pursuant to this chapter;

(e) To refuse to bargain collectively with the representatives of its employees.

(2) It shall be an unfair labor practice for an employee organization:

(a) To restrain or coerce an employee in the exercise of the rights guaranteed by this chapter: PROVIDED, That this subsection shall not impair the right of an employee organization to prescribe its own rules with respect to the acquisition or retention of membership therein or to an employer in the selection of its representatives for the purpose of bargaining or the adjustment of grievances;

(b) To cause or attempt to cause an employer to discriminate against an employee in violation of subsection (1)(c) of this section;

(3) The expressing of any views, arguments, or opinion, or the dissemination thereof to the public, whether in written, printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under this chapter, if such expression contains no threat of reprisal or force or promise of benefit.

NEW SECTION. Sec. 10. A new section is added to chapter 28B.52 RCW to read as follows:

Nothing in this chapter authorizes the right to strike.

Sec. 11. Section 6, chapter 205, Laws of 1973 1st ex. sess. and RCW 28B.52.200 are each amended to read as follows:

Nothing in chapter 28B.52 RCW as now or hereafter amended shall compel either party to agree to a proposal or to make a concession, nor shall any provision in chapter 28B.52 RCW as now or hereafter amended be construed as limiting or precluding the exercise by each community college board of trustees of any powers or duties authorized or provided to it by law unless such exercise is contrary to the terms and conditions of any lawful negotiated agreement, except that other than to extend the terms of a previous contract, a board of trustees shall not take unilateral action on any unresolved issue under negotiation unless an attempt has first been made to resolve the issue through mediation or some other procedure as authorized by RCW 28B.52.060.