SENATE BILL REPORT

SHB 226

BYHouse Committee on Commerce & Labor (originally sponsored by Representatives Lux, Ebersole and McMullen)

Authorizing collective bargaining for judicial employees.

House Committe on Commerce & Labor

Senate Committee on Commerce & Labor

Senate Hearing Date(s):March 25, 1987

Majority Report:  Do pass.

      Signed by Senators Warnke, Chairman; Smitherman, Vice Chairman; Tanner, Vognild, West, Williams, Wojahn.

Senate Staff:Dave Cheal (786-7576)

                  March 25, 1987

AS REPORTED BY COMMITTEE ON COMMERCE & LABOR, MARCH 25, 1987

BACKGROUND:

The Public Employees Collective Bargaining Act covers all municipal and county employees, with limited exceptions.  The Washington Supreme Court has found, however, that certain public employees who are employees of the superior courts, and who are paid by the county, are only covered under the collective bargaining act with respect to wages.  The court determined that the judicial branch was the employer for purposes of hiring, firing, and working conditions and as to those matters the workers in question are state employees.

In a 1986 decision, the Public Employment Relations Commission applied the court's reasoning to district court employees.  Relying on the court's pronouncements that the operation of the courts is a matter of state concern rather than local concern, the Commission held that district court employees are "state employees" for personnel matters other than wages.  Therefore, these employees are entitled to collectively bargain with the county employer only over wages and wage-related matters.  The Commission did not find a requirement for district court judges to collectively bargain over other personnel matters.

SUMMARY:

Legislative intent is indicated to clear up the confusion over collective bargaining for court employees stemming from the Washington State Supreme Court case of Zylstra v. Piva (1975).

Any collective bargaining agreement executed pursuant to the Public Employees Collective Bargaining Act applies to each officer and manager, whether elected, appointed or judicial, who is the executive head of the bargaining unit.

The term "public employer" is amended to include judges as public employers.

Fiscal Note:      requested

Senate Committee - Testified: Gary Lowe, Association of Counties; Sam Kinville, County and City Employees; Cindy Zehnder, Teamsters; Joe Daniels, Professional and Technical Engineers; Paul Locke