ENGROSSED HOUSE BILL NO. 1520
AS AMENDED BY THE SENATE.
C 327 L 89
State of Washington 51st Legislature 1989 Regular Session
By Representatives Walk, Schmidt, S. Wilson, Sayan, R. Fisher, Betrozoff, R. King, Vekich, Haugen, H. Sommers, R. Meyers and Pruitt; by request of Marine Employees' Commission
Read first time 1/27/89 and referred to Committee on State Government.
AN ACT Relating to the salary survey for ferry system employees; amending RCW 47.64.006, 47.64.220, and 47.64.240; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 1, chapter 15, Laws of 1983 and RCW 47.64.006 are each amended to read as follows:
legislature declares that it is the public policy of the state of Washington
to: (1) Provide continuous operation of the Washington state ferry system at
reasonable cost to users; (2) efficiently provide levels of ferry service
consistent with trends and forecasts of ferry usage; (3) promote harmonious and
cooperative relationships between the ferry system and its employees by permitting
ferry employees to organize and bargain collectively; (4) protect the citizens
of this state by assuring effective and orderly operation of the ferry system
in providing for their health, safety, and welfare; (5) prohibit and prevent
all strikes or work stoppages by ferry employees; (6) protect the rights of
ferry employees with respect to employee organizations; and (7) promote ((
in)) just and fair compensation, benefits, and working conditions (( between))
for ferry system employees(( ,)) as compared with public and
private sector employees (( within the state, and other Washington state
employees)) in states along the west coast of the United States,
including Alaska, and in British Columbia in directly comparable but not
necessarily identical positions.
Sec. 2. Section 13, chapter 15, Laws of 1983 and RCW 47.64.220 are each amended to read as follows:
collective bargaining, the marine employees' commission shall conduct a salary
survey which shall be a public document comparing wages, hours, employee
benefits, and conditions of employment of involved ferry employees with those
of public and private sector employees ((
within the state and
Washington state employees)) in states along the west coast of the United
States, including Alaska, and in British Columbia doing directly comparable
but not necessarily identical work, giving consideration to factors
peculiar to the area and the classifications involved. Such survey shall be
for the purpose of disclosing generally prevailing levels of compensation,
benefits, and conditions of employment. It shall be used to guide generally
but not to define or limit collective bargaining between the parties. The
commission shall make such other findings of fact as the parties may request
during bargaining or impasse.
Sec. 3. Section 15, chapter 15, Laws of 1983 and RCW 47.64.240 are each amended to read as follows:
(1) If impasse persists fourteen days after the mediator has been appointed, or beyond any other date mutually agreed to by the parties, all impasse items shall be submitted to arbitration pursuant to this section, and that arbitration shall be binding upon the parties.
(2) Each party shall submit to the other within four days of request, a final offer on the impasse items with proof of service of a copy upon the other party. Each party shall also submit a copy of a draft of the proposed collective bargaining agreement to the extent to which agreement has been reached and the name of its selected arbitrator. The parties may continue to negotiate all offers until an agreement is reached or a decision rendered by the panel of arbitrators.
As an alternative procedure, the two parties may agree to submit the dispute to a single arbitrator. If the parties cannot agree on the arbitrator within four days, the selection shall be made pursuant to subsection (5) of this section. The full costs of arbitration under this provision shall be shared equally by the parties to the dispute.
(3) The submission of the impasse items to the arbitrators shall be limited to those issues upon which the parties have not reached agreement. With respect to each such item, the arbitration panel award shall be restricted to the final offers on each impasse item submitted by the parties to the arbitration board on each impasse item.
(4) The panel of arbitrators shall consist of three members appointed in the following manner:
(a) One member shall be appointed by the secretary of transportation;
(b) One member shall be appointed by the ferry employee organization;
(c) One member shall be appointed mutually by the members appointed by the secretary of transportation and the employee organization. The last member appointed shall be the chairman of the panel of arbitrators. No member appointed may be an employee of the parties;
(d) Ferry system management and the employee organization shall each pay the fees and expenses incurred by the arbitrator each selected. The fee and expenses of the chairman of the panel shall be shared equally by each party.
(5) If the third member has not been selected within four days of notification as provided in subsection (2) of this section, a list of seven arbitrators shall be submitted to the parties by the marine employees' commission. The two arbitrators selected by ferry system management and the ferry employee organization shall determine by lot which arbitrator shall remove the first name from the list submitted by the marine employees' commission. The second arbitrator and the first arbitrator shall alternately remove one additional name until only one name remains. The person whose name remains shall become the chairman of the panel of arbitrators and shall call a meeting within thirty days, or at such time mutually agreed to by the parties, at a location designated by him or her. In lieu of a list of seven nominees for the third member being submitted by the marine employees' commission, the parties may mutually agree to have either the Federal Mediation and Conciliation Service or the American Arbitration Association submit a list of seven nominees.
(6) If a vacancy occurs on the panel of arbitrators, the selection for replacement of that member shall be in the same manner and within the same time limits as the original member was chosen. No final award under subsection (3) of this section may be made by the panel until three arbitrators have been chosen.
(7) The panel of arbitrators shall at no time engage in an effort to mediate or otherwise settle the dispute in any manner other than that prescribed in this section.
(8) From the time of appointment until such time as the panel of arbitrators makes its final determination, there shall be no discussion concerning recommendations for settlement of the dispute by the members of the panel of arbitrators with parties other than those who are direct parties to the dispute. The panel of arbitrators may conduct formal or informal hearings to discuss offers submitted by both parties.
(9) The panel of arbitrators shall consider, in addition to any other relevant factors, the following factors:
(a) Past collective bargaining contracts between the parties including the bargaining that led up to the contracts;
Comparison of wages, hours, employee benefits, and conditions of employment of
the involved ferry employees with those of public and private sector
within the state and Washington state employees)) in
states along the west coast of the United States, including Alaska, and in
British Columbia doing directly comparable but not necessarily identical
work, giving consideration to factors peculiar to the area and the
(c) The interests and welfare of the public, the ability of the ferry system to finance economic adjustments, and the effect of the adjustments on the normal standard of services;
(d) The right of the legislature to appropriate and to limit funds for the conduct of the ferry system; and
(e) The limitations on ferry toll increases and operating subsidies as may be imposed by the legislature.
(10) The chairman of the panel of arbitrators may hold hearings and administer oaths, examine witnesses and documents, take testimony and receive evidence, issue subpoenas to compel the attendance of witnesses and the production of records, and delegate such powers to other members of the panel of arbitrators. The chairman of the panel of arbitrators may petition the superior court in Thurston county, or any county in which any hearing is held, to enforce the order of the chairman compelling the attendance of witnesses and the production of records.
(11) A majority of the panel of arbitrators shall within thirty days after its first meeting select the most reasonable offer, in its judgment, of the final offers on each impasse item submitted by the parties.
(12) The selections by the panel of arbitrators and items agreed upon by the ferry system management and the employee organization shall be deemed to be the collective bargaining agreement between the parties.
(13) The determination of the panel of arbitrators shall be by majority vote and shall be final and binding, subject to RCW 47.64.180 and 47.64.190. The panel of arbitrators shall give written explanation for its selection and inform the parties of its decision.
NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.