SENATE BILL REPORT

SB 5225

BYSenators 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)

                  March 3, 1987

AS REPORTED BY COMMITTEE ON WAYS & MEANS, MARCH 2, 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 its 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:

Academic employees of community college districts, who are full or part-time, permanent or temporary, acting through the representatives of a duly elected employee organization, have the right to meet at reasonable times relevant to the budget-making process.  The represented employees have the further right to bargain in good faith in an effort to reach an agreement with respect to wages, hours, and terms and conditions of employment including nonretention, dismissal, denial of tenure, and reduction in force.  The Public Employment Relations Commission (PERC) 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.

Any negotiated agreement between a board of trustees and an employee organization shall include procedures for binding arbitration of disputes arising from interpretation or application of the agreement. 

A collective bargaining agreement may include a union security provision, but not a closed shop.  Dues may be deducted from an employee's pay if the employee has filed voluntary written authorization.  An employee who asserts a right of nonassociation based on religious beliefs shall pay an amount equal to the dues to a nonreligious charity.

The PERC shall conduct mediation activities at the request of either party.  An employer and the employee organization may agree to some other impasse procedure or means of resolving disputes, in lieu of PERC mediation, at their own expense.

PERC may also adjudicate any unfair labor practices alleged by a board of trustees or an employee organization.  Either party may seek to resolve unfair labor practices through binding arbitration procedures provided in the collective bargaining agreement.

Unfair labor practices which relate to interference with the collective bargaining process and other prohibited actions are defined for both employers and employee organizations.  The definition further clarifies that the expression of views, arguments, opinions, or the dissemination of such to the public is not an unfair labor practice if the expression contains no threat of reprisal, force, or promise of benefit.

A board of trustees may extend the terms of a previous contract, but shall not take any other unilateral action on any unresolved issue under negotiation.

EFFECT OF PROPOSED SUBSTITUTE:

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.  Collective bargaining is the mutual obligation of the representatives of the employer and the exclusive bargaining representative of the employees.

The parties may agree to seek relief through binding arbitration of disputes relating to interpretation of the collective bargaining agreement.

Discrimination by an employee organization against an employee who files a charge or gives testimony is an unfair labor practice.

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.

The bill does not authorize the right to strike.

A severability clause is added.

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