S-1203               _______________________________________________

 

                                                   SENATE BILL NO. 5539

                        _______________________________________________

 

State of Washington                               51st Legislature                              1989 Regular Session

 

By Senators Anderson, Lee, Smitherman and West

 

 

Read first time 1/27/89 and referred to Committee on  Economic Development and Labor.

 

 


AN ACT Relating to the labor-management cooperation program; adding a new chapter to Title 49 RCW; and making an appropriation.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

          NEW SECTION.  Sec. 1.     The legislature finds:

          (1)  That the quality and stability of the relationships between labor and management in this state's businesses contributes significantly to the health of the state economy and the capacity of the economy to provide high-quality employment for the state's citizens;

          (2)  That cooperation between labor and management can lead to innovation, high productivity, and high product quality, and is essential if the state is to be competitive in the emerging international, technology-oriented economy;

          (3)  That through cooperation, labor and management can better address common problems which hinder individual and business welfare;

          (4) That cooperation fosters good labor-management relations, reducing the chances of labor-management conflict and making such conflict easier to resolve when it occurs;

          Therefore, to strengthen the state economy and promote a better environment for the state's workers and businesses     to operate, the legislature establishes the labor-management     cooperation program.

 

          NEW SECTION.  Sec. 2.     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:

          (1) "Council" means the labor-management cooperation council;

          (2) "Department" means the department of labor and industries;

          (3) "Director" means the director of the department of labor and industries.

 

          NEW SECTION.  Sec. 3.     The labor-management cooperation program is established within the department.  The program shall promote and support efforts by labor and management throughout the state to jointly address issues of common concern.  Through this program, and in consultation with the labor-management coordination council, the department shall:

          (1) Serve as state liaison with other state, regional, and national organizations and programs promoting labor-management cooperation, disseminating information secured through these organizations and programs to local labor-management committees, the labor-management coordination council, and other interested parties throughout the state;

          (2) Serve as a clearinghouse for information on labor-management cooperation;

          (3) Provide conferences, workshops, seminars or other educational offerings to promote labor-management cooperation;

          (4) Encourage the formation of and provide assistance to local labor-management committees;

          (5) Administer, subject to the provisions of this chapter, the labor-management initiatives grant program;

          (6) Provide any other service which enhances labor-management cooperation within Washington state as determined by the director with the advice of the labor-management cooperation council.

 

          NEW SECTION.  Sec. 4.     The labor-management initiatives grant program is established within the department to provide funds, subject to the provisions of this chapter, to eligible, local labor-management committees to further their role in fostering labor-management cooperation on a local level.

          (1) The director shall, in consultation with the labor- management cooperation council, solicit and approve applications for funds to support the activities of eligible labor management committees.

          (2) The director shall provide no more than one dollar of state funds to a local labor-management committee for each dollar of local funds, and no more than ten thousand dollars to any particular committee in a given biennium.

 

          NEW SECTION.  Sec. 5.     To be eligible to apply for a labor-management initiative grant, a labor-management committee shall:

          (1) Be a formal, not-for-profit organization structured for continuing service with voluntary membership;

          (2) Include, at a minimum, labor and management representatives;

          (3) Service a distinct and identifiable geographic region or industry;

          (4) Have been established for at least two years;

          (5) Operate in compliance with rules set forth by the department with the advice of the labor-management cooperation council.

 

          NEW SECTION.  Sec. 6.     An application for a labor-management initiative grant shall include, but is not limited to:

          (1) A detailed description of the applicant committee and its capacity to foster labor-management cooperation.  Relevant information may include the committee's standing in its respective area or industry, its previous activities to foster cooperation, its relationship with other community or industry organizations and government entities, and its financial and staff resources;

          (2) A detailed description of the programs or activities which the grant will support, including information on how these programs or activities will further labor-management cooperation in the area or industry.  Activities or programs may include, but are not limited to:

          (a) Forum programs or networks to transfer information among people involved in labor-management cooperation;

          (b) Technical assistance, facilitation, and information on job saving and job creation programs for companies, labor organizations, and communities;

          (c) Creation or support of assistance programs designed to retain and create jobs in Washington businesses;

          (d) Public awareness and outreach programs designed to increase knowledge of successful labor-management cooperation efforts in the area or industry;

          (e) Programs which provide labor and management opportunities to study issues of mutual concern and to work together to solve common problems;

          (3) Any other information the director deems necessary to evaluate a committee's ability to carry out the purposes of this act.

 

          NEW SECTION.  Sec. 7.     Any labor-management committee receiving a labor-management initiative grant shall annually submit to the director and the council a report on the activities or programs supported by the grant, including an evaluation of contributions made to area or industry labor-management cooperation.  The department shall provide these reports to the legislature upon request.

 

          NEW SECTION.  Sec. 8.     The Washington state labor-management cooperation council is established within the department.

          (1) The director shall appoint eleven members to the council, subject to the following requirements:

          (a) Three members shall represent business or business organizations;

          (b) One member shall represent a public employer organization;

          (c) Three members shall represent labor organizations;

          (d) One member shall represent a public employee organization;

          (e) Three members, one of whom the director shall appoint as chair, shall represent the general public and have  background and experience in labor-management cooperation.

          In making these appointments, the director shall give careful consideration to ensure that the various geographic regions and industries of the state are represented, that members will be regularly available for meetings, and will have a commitment to working with each other and with local labor-management committees.

          The director of the employment security department, the director of the department of trade and economic development, and the director of the department of community development shall each appoint an agency employee to serve as ex officio, nonvoting members of the council.

          (2) Each member of the council shall serve a term of two years. A person appointed to fill a vacancy of a member shall be appointed in a like manner and shall serve for only the unexpired term.  A member is eligible for reappointment.

          (3) Council members shall serve without compensation, but are entitled to reimbursement for actual and necessary expenses incurred in the performance of official duties in accordance with RCW 43.03.050 and 43.03.060.

          (4) Council members shall not be liable to the state or to any other person as a result of their activities, whether ministerial or discretionary, as members except for willful dishonesty or intentional violations of the law.  The department may purchase liability insurance for members and may indemnify these persons against the claims of others.

 

          NEW SECTION.  Sec. 9.     The council shall:

          (1) Assist the department in the development of a work plan, goals, and objectives of the labor-management cooperation program;

          (2) Facilitate and ensure interagency coordination regarding the labor-management cooperation program;

          (3) Review applications for labor-management initiative grants and recommend to the director whether they should be approved or rejected.

 

          NEW SECTION.  Sec. 10.    The sum of two hundred thousand dollars, or as much thereof as may be necessary, is appropriated from the general fund to the department of labor and industries for the biennium ending June 30, 1991, to carry out the purposes of this act.

 

          NEW SECTION.  Sec. 11.    Sections 1 through 9 of this act shall constitute a new chapter in Title 49 RCW.