S-505                 _______________________________________________

                                                   SENATE BILL NO. 3552

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Warnke, Talmadge, McDermott, Garrett, Bender, Williams, Moore, DeJarnatt and Vognild

Read first time 2/4/85 and referred to Committee on Commerce and Labor.

AN ACT Relating to collective bargaining; amending RCW 41.56.030 and 41.56.950; and adding a new section to chapter 41.56 RCW.

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

        Sec. 1.  Section 3, chapter 108, Laws of 1967 ex. sess. as last amended by section 1, chapter 150, Laws of 1984 and RCW 41.56.030 are each amended to read as follows:

          As used in this chapter:

          (1) "Public employer" means any officer, board, commission, council, or other person or body acting on behalf of any public body governed by this chapter as designated by RCW 41.56.020, or any subdivision of such public body.

          (2) "Public employee" means any employee of a public employer except any person (a) elected by popular vote, or (b) appointed to office pursuant to statute, ordinance or resolution for a specified term of office by the executive head or body of the public employer, or (c) whose duties as deputy, administrative assistant or secretary necessarily imply a confidential relationship to the executive head or body of the applicable bargaining unit, or any person elected by popular vote or appointed to office pursuant to statute, ordinance or resolution for a specified term of office by the executive head or body of the public employer.

          (3) "Bargaining representative" means any lawful organization which has as one of its primary purposes the representation of employees in their employment relations with employers.

          (4) "Collective bargaining" means the performance of the mutual obligations of the public employer and the exclusive bargaining representative to meet at reasonable times, to confer and negotiate in good faith, to provide written proposals with supporting information and respond to the other party's proposals with the intent to reach a mutually acceptable agreement, and to execute a written agreement with respect to grievance procedures and collective negotiations on personnel matters, including wages, hours and working conditions, which may be peculiar to an appropriate bargaining unit of such public employer, except that by such obligation neither party shall be compelled to agree to a proposal or be required to make a concession unless otherwise provided in this chapter.

          (5) "Commission" means the public employment relations commission.

          (6) "Uniformed personnel" means (a) law enforcement officers as defined in RCW 41.26.030 as now or hereafter amended, of cities with a population of fifteen thousand or more or law enforcement officers employed by the governing body of any county of the second class or larger, or (b) fire fighters as that term is defined in RCW 41.26.030, as now or hereafter amended.

        Sec. 2.  Section 1, chapter 187, Laws of 1971 ex. sess. and RCW 41.56.950 are each amended to read as follows:

After the termination date of a collective bargaining agreement, all of its terms and conditions shall remain in effect until the execution of a successor agreement.  Whenever a collective bargaining agreement between a public employer and a bargaining representative is concluded after the termination date of the previous collective bargaining agreement between the same parties, the effective date of such collective bargaining agreement may be the day after the termination date of the previous collective bargaining agreement and all benefits included in the new collective bargaining agreement including wage increases may accrue beginning with such effective date as established by this section.

NEW SECTION. Sec. 3.  A new section is added to chapter 41.56 RCW to read as follows:

          Expedited processing of an unfair labor practice charge shall be available if requested by any party to the charge within ten days after the charge is filed.  A hearing shall be held within fifteen days after the date of the request and the commission shall issue a decision within five days after the conclusion of the hearing.