SENATE BILL REPORT
SB 5312
BYSenators Talmadge, Pullen, Warnke, West, Vognild, von Reichbauer, Lee, Johnson, Bender, Moore, Fleming, McDermott, Halsan, Williams, Smitherman and Bauer
Providing for collective bargaining for the Washington state patrol.
Senate Committee on Commerce & Labor
Senate Hearing Date(s):January 27, 1987; January 29, 1987
Majority Report: That Substitute Senate Bill No. 5312 be substituted therefor, and the substitute bill do pass.
Signed by Senators Warnke, Chairman; Smitherman, Vice Chairman; Lee, Tanner, Vognild, West, Williams, Wojahn.
Senate Staff:David Cheal (786-7576)
January 29, 1987
AS REPORTED BY COMMITTEE ON COMMERCE & LABOR, JANUARY 29, 1987
BACKGROUND:
Officers of the Washington State Patrol are not covered by any of the state's collective bargaining statutes. Presently, all aspects of employment of officers of the Washington State Patrol are controlled by the Chief of the State Patrol. State Patrol officers are specifically exempt from Chapter 41.06 RCW, the state's civil service law, and also from the collective bargaining provisions that apply to state civil service employees. Thus, the dispute resolving mechanisms of arbitration, mediation and fact finding accompanied by the right to organize and designate a representative for bargaining purposes are not available to State Patrol officers.
Several states cover highway patrol officers and state police under collective bargaining statutes. The type of coverage varies. Some are under general public employee bargaining laws while other statutes apply specifically to police. Some are included under general state classified systems for all state employees and some have their own separate merit system. States which provide some type of collective bargaining rights and merit system rules are Rhode Island, Wisconsin, Pennsylvania, New York, New Jersey, Vermont, Florida and Alaska.
SUMMARY:
The State Patrol is made a "public employer" under certain provisions of the public employment relations act. Wages and wage related matters are excluded from the definition of collective bargaining in the case of the State Patrol. The arbitration provisions are not applicable to the State Patrol.
The provisions of the Public Employment Labor Relations Act relating to mediation, prohibition of strikes, and the legislative statement of policy are made applicable to State Patrol officers.
The employer and the bargaining representative are required to begin negotiations at least five months prior to the submission of the budget to the legislative body of the public employer. If the parties are unable to agree within 60 days, either party may declare an impasse and submit the dispute to the Commission for mediation. If no agreement is reached in the mediation process, either party following notice to the other party and the Commission, may request that matters in dispute be submitted to a fact finder for recommendations. The parties shall choose a fact finder from a list submitted by the director. If they are unable to agree on a fact finder, the Commission upon request of either party, shall appoint a fact finder as long as it is someone other than the person who served as mediator. The fact finder then conducts an investigation, including hearings or other techniques as he or she chooses. The fact finder is given subpoena power. The fact finder must make a recommendation within 30 days after the hearing, which is advisory only. The recommendation is kept confidential for a period of seven calendar days, and if the recommendation is not accepted by both parties, the recommendation is then made public. The fees and expenses of the fact finder are shared equally by the parties.
The parties are given the freedom of agreeing to substitute other impasse procedures.
Appropriation: $49,000 from the general fund
Fiscal Note: requested
EFFECT OF PROPOSED SUBSTITUTE:
The $49,000 appropriation from the general fund is removed.
Senate Committee - Testified: Dan Davis and Ron Collins, State Troopers' Association; Paul W. Locke