SENATE BILL REPORT

HB 1020

BYRepresentatives Vekich, Winsley, Patrick, Sayan, Prentice, Rector, Dellwo, Basich, Spanel and P. King 

Authorizing collective bargaining for district and municipal court employees.

House Committe on Commerce & Labor

Senate Committee on Economic Development & Labor

Senate Hearing Date(s):March 20, 1989; March 23, 1989

Majority Report:  Do pass as amended.

      Signed by Senators Lee, Chairman; Anderson, Vice Chairman; McMullen, Murray, Smitherman, Warnke, West, Williams.

Senate Staff:Jonathan Seib (786-7427)

                  March 23, 1989

AS REPORTED BY COMMITTEE ON ECONOMIC DEVELOPMENT & LABOR, MARCH 23, 1989

BACKGROUND:

RCW 41.56, the Public Employees' Collective Bargaining Act, covers all municipal and county employees, with some specified exceptions.  In 1975, the Washington State Supreme Court held that persons working at superior court juvenile court facilities are county employees, and thus covered by this act, only as to wage issues.  For nonwage issues they are employees of the state judiciary, and are not covered by the act.

In a 1986 decision, the Public Employment Relations Commission applied the Supreme Court's reasoning to persons working at district courts.  The commission held that such persons are county employees entitled to collectively bargain with the county only as to wage issues.  As to nonwage issues, they are court employees and have no bargaining entitlements.  A similar decision was made in January, 1989 in a case before the Thurston County Superior Court.

The Legislature passed SHB 226 in 1987, making agreements executed under the collective bargaining laws applicable to all executive heads of bargaining units, including judges.  The Governor vetoed the bill.

SUMMARY:

RCW 41.56 is made applicable to district and municipal courts for all matters.  The public employer of court employees for collective bargaining over wage issues is the county or municipal legislative authority.  The public employer for collective bargaining over nonwage issues is the judge or judge's designee. Each judge or court commissioner may exclude one personal assistant from a bargaining unit.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

SUMMARY OF PROPOSED SENATE AMENDMENT:

RCW 41.56 is made applicable to district courts but not municipal.  The public employer for wage issues is the county legislative authority.  The public employer for nonwage issues is the judge or judge's designee.  Each judge or court commissioner may exclude one personal assistant from the bargaining unit.

Senate Committee - Testified: Sam Kinville; Cindy Zehnder; Kathleen Collins