FINAL BILL REPORT

 

 

                               SSB 5263

 

 

                              C 45 L 89

 

 

BYSenate Committee on Economic Development & Labor (originally sponsored by Senators Warnke, West, McMullen, Bender, Pullen, Bauer, Smitherman and Metcalf)

 

 

Providing for arbitration for unilaterally implemented proposals.

 

 

Senate Committee on Economic Development & Labor

 

 

House Committe on Commerce & Labor

 

 

                         SYNOPSIS AS ENACTED

 

BACKGROUND:

 

Public employers may unilaterally implement their last offer when an existing agreement has expired and impasse has been reached in the collective bargaining process.  In 1983, an employer unilaterally implemented its last offer, which contained a grievance procedure leading to binding arbitration.  When an employee subsequently filed a grievance under the implemented offer, the employer argued that the arbitration provisions of its offer were not valid.  An arbitrator agreed, ruling that the employer could not unilaterally impose the offer's grievance and arbitration language.  The employee's complaint was thus not heard in arbitration proceedings.

 

SUMMARY:

 

The Public Employees Collective Bargaining Act is amended.  If a public employer implements an offer where there is no contract settlement, allegations of violations shall be subject to grievance arbitration procedures if such procedures are in the implemented offer or if not in the implemented offer, in the parties' last contract.

 

 

VOTES ON FINAL PASSAGE:

 

     Senate   46    1

     House 97  0

 

EFFECTIVE:July 23, 1989