SENATE BILL REPORT

SB 5042

BYSenators West, Smitherman, Warnke, Smith and Lee

Providing for unilateral implementation of certain public sector collective bargaining agreements.

Senate Committee on Economic Development & Labor

Senate Hearing Date(s):January 17, 1989; January 23, 1989

Majority Report:  Do pass.

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

Senate Staff:Jonathan Seib (786-7427)

                  February 13, 1989

AS PASSED SENATE, FEBRUARY 10, 1989

BACKGROUND:

Under the Public Employees Collective Bargaining Act, local government employees have the right to organize and designate collective bargaining representatives.  Employees are neither granted nor denied the right to strike.  Public employers and employee bargaining representatives are required to bargain in good faith, but parties are not required to agree to a proposal or make a concession.  If parties are unable to arrive at an agreement, an impasse is reached.  Under a 1985 ruling by the Public Employee Relations Commission, upon impasse, public employers may implement their final offer.  The term used for this action is unilateral implementation.  There have been instances in the past four years in which public employers have unilaterally implemented their final offer after impasse.

Uniformed employees (police, fire fighters, medics) are subject to binding interest arbitration when impasse is declared, and are prohibited from striking.

The act is administered by the Public Employee Relations Commission (PERC).

The Select Committee on Unilateral Implementation in Public Sector Collective Bargaining was established in 1988.  The committee recommended this legislation.

SUMMARY:

After a collective bargaining agreement (CBA) expires, its terms and conditions remain in effect until the effective date of a subsequent agreement, up to the period of one year.  After one year, but no sooner, the employer may unilaterally implement.  CBA provisions with separate termination dates, and those the parties agree to exclude, are excluded from coverage.  Uniformed employees, port district employees, WPPSS security forces and PUD employees are not covered.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: FOR:  Sam Kinville, County and City Employees; David Westberg, Operating Engineers; Steve Lindstrom, Washington State Transit Association; Kathleen Collins, AWC; Dwayne Slate, School Directors