SENATE BILL REPORT

SB 5263

BYSenators Warnke, West, McMullen, Bender, Pullen, Bauer, Smitherman and Metcalf

Providing for arbitration for unilaterally implemented proposals.

Senate Committee on Economic Development & Labor

Senate Hearing Date(s):February 6, 1989; February 24, 1989

Majority Report:  That Substitute Senate Bill No. 5263 be substituted therefor, and the substitute bill do pass.

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

Senate Staff:Jonathan Seib (786-7427)

                  February 27, 1989

AS REPORTED BY COMMITTEE ON ECONOMIC DEVELOPMENT & LABOR, FEBRUARY 24, 1989

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 an employer unilaterally implements its last offer, allegations that the employer is violating the terms of the implemented offer shall be subject to arbitration under the procedures established by the parties' last contract or the Public Employees' Collective Bargaining Act.

EFFECT OF PROPOSED SUBSTITUTE:

If a public employer implements its last and best offer where there is no contract settlement, allegations that either party is violating the terms of the implemented offer shall be subject to grievance arbitration procedures if and as such procedures are set forth in the implemented offer, or if not in the implemented offer, if and as such procedures are set forth in the parties' last contract.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: PRO:  David Westberg, Operating Engineers; Gail Toraason, Washington State Nurses Association, Sam Kinville, WACCE; Kathleen Collins