SENATE BILL REPORT

ESSB 5225

BYSenate Committee on Education (originally sponsored by Senators Gaspard, Rinehart, Warnke, von Reichbauer and Vognild)

Modifying collective bargaining procedures at community colleges.

Senate Committee on Education

Senate Hearing Date(s):February 17, 1987; February 18, 1987

Majority Report:  That Substitute Senate Bill No. 5225 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means.

      Signed by Senators Gaspard, Chairman; Bauer, Vice Chairman; Rinehart, Vice Chairman; Bender, Smitherman, Warnke.

Senate Staff:Don Bennett (786-7424)

                  February 23, 1987

Senate Committee on Ways & Means

Senate Hearing Date(s):March 2, 1987

Majority Report:  That Substitute Senate Bill No. 5225 as recommended by Committee on Education be substituted therefor, and the substitute bill do pass.

      Signed by Senators McDermott, Chairman; Gaspard, Vice Chairman; Bauer, Fleming, Kreidler, Moore, Rinehart, Talmadge, Vognild, Warnke, Williams, Wojahn.

Minority Report:  Do not pass.

      Signed by Senators Bluechel, Cantu, Craswell, Deccio, Hayner, McDonald, Saling, Zimmerman.

Senate Staff:Fred Romero (786-7715)

                  April 20, 1987

AS PASSED SENATE, MARCH 12, 1987

BACKGROUND:

Academic personnel at the state's community colleges currently have the right to meet, confer and negotiate with college trustees in order to communicate the academic staff's position on district policy.  An employee organization, elected by a majority of the employees to represent them, speaks for the academic employees in presenting staff concerns prior to the board of trustees' final adoption of proposed 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.

Any agreement reached by the parties must be in writing and acted upon by the board of trustees at its next meeting.

The Public Employment Relations Commission (PERC) conducts fact-finding and mediation activities with the consent of both parties, or upon 24 hours written notice by one party of intent to request the assistance and advice of PERC.

The present "meet and confer" model for negotiations is viewed by some community college employees as an obstacle to the kinds of cooperative efforts necessary to resolve disputes between academic staff and community college administration.

SUMMARY:

The purpose statement of the current law is expanded to promote cooperative efforts of academic employees and the community colleges by establishing orderly procedures governing their relationship.

Both full and part-time academic employees, through the representatives of a duly elected employee organization, have the right to meet at reasonable times and bargain in good faith in an effort to reach agreement with respect to wages, hours, and other terms and conditions of employment, such as procedures related to nonretention, dismissal, denial of tenure, and reduction in force.  Collective bargaining is the mutual obligation of the representatives of the employer and the exclusive bargaining representative of the employees.

A negotiated agreement cannot be executed until the biennial appropriation made by the Legislature has been distributed to the community college by the State Board for Community College Education.  The Public Employment Relations Commission decides which items are mandatory subjects for bargaining in the event of a dispute.

Employees' rights to organize and bargain collectively or to refrain from association are guaranteed.  Employees may be required to pay dues consistent with a union security provision.

All other rights, privileges and benefits granted by law to employees are protected.  The collective bargaining provisions are not to interfere with the responsibilities and rights of a community college board of trustees otherwise provided by law.

Binding arbitration of disputes relating to interpretation of the collective bargaining agreement is permitted.

A collective bargaining agreement may include union security provisions, but not a closed shop.  An employee may authorize voluntary dues deductions from the employee's pay.  An employee who asserts a right of nonassociation based on bona fide religious beliefs must pay an amount equal to the association dues to a nonreligious charity.  The employer is required to enforce such a union security provision if included in the collective bargaining agreement.

PERC shall conduct mediation at the request of either party.  The parties may agree to alternative dispute resolution procedures, to be carried out at their own expense.  PERC may also adjudicate unfair labor practices and is authorized to adopt rules to govern such proceedings.  An employer and the employee organization may agree to binding arbitration on unfair labor practices.  Unfair labor practices for both the employer and the employee organization are defined relating to interference with the collective bargaining process and other prohibited actions.  The expression of views, arguments, or opinions or dissemination of such to the public is not an unfair labor practice if the expression contains no threat of reprisal or force or promise of benefit.

A board of trustees may unilaterally extend the terms of a previous contract, but shall not take any other unilateral action on unresolved issues under negotiation, unless the parties have first participated in good faith mediation or other procedure to seek resolution of the issue.

Community college faculty are prohibited from engaging in any strike, work slowdown or stoppage.

Fiscal Note:      available

Senate Committee - Testified: EDUCATION:  Bob Fisher, Director, Governmental Relations, Washington Education Association; Steve Pulkkinen, Higher Education Organizing Field Representative, WEA; Gil Carbone, Assistant Director, State Board for Community College Education; Nancy Moore, Vice-President for Community Colleges, Washington Federation of Teachers; Paul Locke, citizen

Senate Committee - Testified: WAYS & MEANS:  Bob Fisher, Washington Education Association; Gil Carbone, State Board for Community Education

HOUSE AMENDMENT:

Provisions of written contracts relating to salary increases shall not exceed the amount or percentage established by the Legislature in the appropriations act and allocated by the board of trustees of the community college by the State Board for Community College Education.  Any provision of agreements pertaining to salary increases are not binding upon future actions of the Legislature.

If any provision of a salary increase is changed by subsequent modification of the appropriations act by the Legislature, both parties shall enter into collective bargaining solely for the purpose of replacing the modified provision.  The powers and duties of community college boards of trustees relating to fixing salaries of employees are amended to also limit salary increases to the amount or percentage established by the Legislature.

Strikes by community college faculty are prohibited.  A board of trustees is prohibited from engaging in a lockout.  Jurisdiction of the superior court in the county in which a labor dispute exists may be invoked by either party.  The court may issue an appropriate order based upon consideration of the elements necessary for injunctive relief, the purposes and goals of the collective bargaining statutes, and mitigating factors such as the commission of an unfair labor practice by either party.