Z-95                  _______________________________________________

                                                    HOUSE BILL NO. 749

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Wang, Schmidt and Zellinsky

Read first time 2/6/87 and referred to Committee on Commerce & Labor.

AN ACT Relating to the Washington state ferry system; amending RCW 47.64.011; and adding a new section to chapter 47.64 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 2, chapter 15, Laws of 1983 and RCW 47.64.011 are each amended to read as follows:

          As used in this chapter, unless the context otherwise requires, the definitions in this section shall apply.

          (1) "Arbitration" means the procedure whereby the parties involved in an impasse submit their differences to a third party for a final and binding decision or as provided in this chapter.

          (2) "Arbitrator" means either a single arbitrator or a panel of three arbitrators as provided in RCW 47.64.240.

          (3) "Collective bargaining representative" means the persons designated by the secretary of transportation and employee organizations to be the exclusive representatives during collective bargaining negotiations.

          (4) "Department of transportation" means the department as defined in RCW 47.01.021.

          (5) "Ferry employee" means any employee of the marine transportation division of the department of transportation who is a member of a collective bargaining unit represented by a ferry employee organization and does not include an exempt employee pursuant to RCW 41.06.079 or any person employed as a supervisor.

          (6) "Ferry employee organization" means any labor organization recognized to represent a collective bargaining unit of ferry employees.

          (7) "Ferry system management" means those management personnel of the marine transportation division of the department of transportation who have been vested with the day-to-day management responsibilities of the Washington state ferry system by the transportation commission and who are not members of a collective bargaining unit represented by a ferry employee organization.

          (8) "Lockout" means the refusal of ferry system management to furnish work to ferry employees in an effort to get ferry employee organizations to make concessions during collective bargaining, grievance, or other labor relation negotiations.  Curtailment of employment of ferry employees due to lack of work resulting from a strike or work stoppage, as defined in subsection (11) of this section, shall not be considered a lockout.

          (9) "Marine employees' commission" means the commission created in RCW 47.64.280.

          (10) "Office of financial management" means the office as created in RCW 43.41.050.

          (11) "Strike or work stoppage" means a ferry employee's refusal, in concerted action with others, to report to duty, or his or her wilful absence from his or her position, or his or her stoppage or slowdown of work, or his or her abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment, for the purpose of inducing, influencing, or coercing a change in conditions, compensation, rights, privileges, or obligations of his, her, or any other ferry employee's employment.  A refusal, in good faith, to work under conditions which pose an endangerment to the health and safety of ferry employees or the public, as determined by the master of the vessel, shall not be considered a strike for the purposes of this chapter.

          (12) "Supervisor" means any person having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend such action if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.

(13) "Transportation commission" means the commission as defined in RCW 47.01.021.

NEW SECTION. Sec. 2.  A new section is added to chapter 47.64 RCW to read as follows:

          Nothing in this chapter prohibits any person employed as a supervisor from becoming or remaining a member of a labor organization, but the employer shall not be compelled to deem persons defined in RCW 47.64.011 as supervisors as employees for the purpose of collective bargaining pursuant to RCW 47.64.120, or any other law, either national or state, relating to collective bargaining.