SENATE BILL REPORT

SB 6352

BYSenators Patterson, Craswell, Hansen and Conner; by request of Washington State Transportation Commission

Treating ferry supervisors as management.

Senate Committee on Transportation

Senate Hearing Date(s):January 28, 1988

Senate Staff:Vicki Fabre (786-7313)

AS OF JANUARY 28, 1988

BACKGROUND:

Under existing state law, a ferry employee is defined as an employee of the Department of Transportation Marine Division and is a member of a collective bargaining unit represented by one of the six ferry employee organizations.  This definition presently includes certain ferry employee personnel whose function could be considered managerial.  Under federal law (the Taft-Hartley or Labor Management Relations Act, Title 29 U.S.C. 141 et.seq.), persons who are designated as supervisors are considered part of management; as management they are not protected under Taft-Hartley and an employer is not required to bargain with their bargaining unit for wages, hours, benefits, etc.

SUMMARY:

A definition of the term "supervisor" is added to the Marine Employee Labor Relations Act (Chapter 47.64 RCW).  A supervisor is defined as any person whose exercise of authority is not of a merely routine or clerical nature, but requires the use of independent judgment.

Persons employed and designated as supervisors are not prohibited from becoming or remaining a member of a labor organization.  The state, however, as the employer, is not compelled to consider supervisors as employees for the purpose of collective bargaining.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 19, 1988