SENATE BILL REPORT

SB 6365

BYSenators Lee, Warnke, Smitherman, Newhouse, Vognild and Murray

Permitting private collective bargaining sessions by public bodies.

Senate Committee on Governmental Operations

Senate Hearing Date(s):January 30, 1990; January 31, 1990

Majority Report:  Do pass.

      Signed by Senators McCaslin, Chairman; Thorsness, Vice Chairman; DeJarnatt, Patrick, Sutherland.

Senate Staff:Rod McAulay (786-7754)

                  February 1, 1990

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, JANUARY 31, 1990

BACKGROUND:

Under the Open Public Meetings Act all meetings of the various governing bodies of the state and all subdivisions of the state must be open and public.  Any actions taken by the decision-making representatives of a public agency at a meeting conducted in violation of the Open Public Meetings Act are null and void. 

Exceptions to this rule include the situation when a governing body is planning or adopting the strategy or position to be taken during the course of any collective bargaining, professional negotiations, grievance or mediation proceedings, or reviewing the proposals made in such negotiations or proceedings while in progress.  There is, however, no express exception for collective bargaining sessions, per se.

It is believed that the requirement that collective bargaining sessions be open and public compromises the bargaining process.  It is also asserted that collective bargaining sessions in which a majority of the decision-making representatives of a public agency do not participate is not covered by the act.

SUMMARY:

Collective bargaining sessions with labor unions, including contract negotiations, grievance meetings, and discussions relating to the interpretation or application of a labor agreement are excepted from the provisions of the Open Public Meetings Act.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Mike Ryherd, Teamsters; Paul Conrad, Allied Daily Newspapers; Becky Bogard, Washington State Association of Broadcasters; Kathleen Collins Association of Washington Cities