AN ACT Relating to state employees; amending RCW 41.56.030, 41.56.040, 41.56.122, 41.56.060, 41.56.430, 41.04.230, 28B.16.101, and 41.56.020; reenacting and amending RCW 41.06.150 and 28B.16.100; adding new sections to chapter 41.56 RCW; creating new sections; repealing RCW 28B.16.120, 28B.16.130, 28B.16.140, 28B.16.150, 28B.16.160, 28B.16.170, 28B.16.230, 28B.16.255, 28B.16.265, 28B.16.275, 41.64.010, 41.64.020, 41.64.030, 41.64.040, 41.64.050, 41.64.060, 41.64.070, 41.64.080, 41.64.090, 41.64.100, 41.64.110, 41.64.120, 41.64.130, 41.64.140, 41.64.900, 41.64.910, 41.06.170, 41.06.176, 41.06.186, 41.06.196, 41.06.230, 41.06.300, 41.06.310, 41.06.320, 41.06.330, 41.06.340, and 41.56.475; providing an effective date; and declaring an emergency.

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

NEW SECTION. Sec. 1. It is the purpose of this chapter to promote orderly and constructive relationships between the state of Washington and its employees, and to assure the effective and orderly operations of state government.

Such a public policy is best effectuated by recognizing the principles of collective bargaining, and by granting state employees the right to organize for the purpose of negotiating wages, hours, and other terms and conditions of employment.

Sec. 2. Section 3, chapter 108, Laws of 1967 ex. sess. as last amended by section 2, chapter 135, Laws of 1987 and RCW 41.56.030 are each amended to read as follows:

As used in this chapter:

(1) "Public employer" means any officer, board, commission, council, or other person or body acting on behalf of any public body governed by this chapter as designated by RCW 41.56.020, or any subdivision of such public body, any agency as defined in RCW 41.06.020 and covered by chapter 41.06 RCW or institution of higher education as defined and covered by chapter 28B.16 RCW.

(2) "Public employee" means any employee of a public employer except any person (a) elected by popular vote, or (b) appointed to office pursuant to statute, ordinance or resolution for a specified term of office by the executive head or body of the public employer, or (c) whose duties as deputy, administrative assistant or secretary necessarily imply a confidential relationship to the executive head or body of the applicable bargaining unit, or any person elected by popular vote or appointed to office pursuant to statute, ordinance or resolution for a specified term of office by the executive head or body of the public employer.

(3) "Bargaining representative" means any lawful organization which has as one of its primary purposes the representation of employees in their employment relations with employers.

(4) "Collective bargaining" means the performance of the mutual obligations of the public employer and the exclusive bargaining representative to meet at reasonable times, to confer and negotiate in good faith, and to execute a written agreement with respect to grievance procedures and collective negotiations on personnel matters, including wages, hours and working conditions, which may be peculiar to an appropriate bargaining unit of such public employer, except that by such obligation neither party shall be compelled to agree to a proposal or be required to make a concession unless otherwise provided in this chapter. ((~~In the case of the Washington state patrol, "collective bargaining" shall not include wages and wage-related matters.~~))

(5) "Commission" means the public employment relations commission.

(6) "Essential state employee" means any state employee performing functions so essential that the interruption or termination of the function will constitute a clear and present danger to the health and safety of the state.

(7) "Exclusive bargaining representative" means any employee organization that has been certified or recognized under the provisions of this chapter as the representative of the employees in an appropriate bargaining unit or recognized under chapter 41.06 or 28B.16 RCW prior to the effective date of this act.

(8) "Executive director" means the executive director of the commission.

((~~(7)~~)) (9) "Uniformed personnel" means (a) law enforcement officers as defined in RCW 41.26.030 as now or hereafter amended, of cities with a population of fifteen thousand or more or law enforcement officers employed by the governing body of any county of the second class or larger, or (b) fire fighters as that term is defined in RCW 41.26.030, as now or hereafter amended.

Sec. 3. Section 4, chapter 108, Laws of 1967 ex. sess. and RCW 41.56.040 are each amended to read as follows:

No public employer, or other person, shall directly or indirectly, interfere with, restrain, coerce, or discriminate against any public employee or group of public employees in the free exercise of their right to organize and designate representatives of their own choosing for the purpose of collective bargaining, or in the free exercise of any other right under this chapter, except to the extent that employees may be required to pay a fee to an exclusive bargaining representative under a union security provision authorized by this chapter.

Sec. 4. Section 2, chapter 59, Laws of 1973 as amended by section 22, chapter 296, Laws of 1975 1st ex. sess. and RCW 41.56.122 are each amended to read as follows:

A collective bargaining agreement may:

(1) Contain union security provisions: PROVIDED, That nothing in this section shall authorize a closed shop provision: PROVIDED FURTHER, That agreements involving union security provisions must safeguard the right of nonassociation of public employees based on bona fide religious tenets or teachings of a church or religious body of which such public employee is a member. Such public employee shall pay an amount of money equivalent to regular union dues and initiation fee to a nonreligious charity or to another charitable organization mutually agreed upon by the public employee affected and the bargaining representative to which such public employee would otherwise pay the dues and initiation fee. The public employee shall furnish written proof that such payment has been made. If the public employee and the bargaining representative do not reach agreement on such matter, the commission shall designate the charitable organization. When there is a conflict between any collective bargaining agreement reached by a public employer and a bargaining representative on a union security provision and any charter, ordinance, rule, or regulation adopted by the public employer or its agents, including but not limited to, a civil service commission, the terms of the collective bargaining agreement shall prevail.

(2) Provide for binding arbitration of a labor dispute arising from the application or the interpretation of the matters contained in a collective bargaining agreement.

(3) The scope of bargaining for state employees shall not include matters pertaining to:

(a) Recruitment of employment candidates, conduct and grading of examinations, rating of candidates, maintenance of eligible lists, and original appointments from eligible lists; and

(b) Retirement benefits.

NEW SECTION. Sec. 5. A collective bargaining agreement covering state employees shall contain provisions that:

(1) Provide for mandatory arbitration of grievances arising under the collective bargaining agreement, in accordance with this chapter; and

(2) Require layoffs and subsequent reemployment to be implemented according to seniority.

Sec. 6. Section 6, chapter 108, Laws of 1967 ex. sess. as amended by section 17, chapter 296, Laws of 1975 1st ex. sess. and RCW 41.56.060 are each amended to read as follows:

The commission, after hearing upon reasonable notice, shall decide in each application for certification as an exclusive bargaining representative of employees of a public employer, the unit appropriate for the purpose of collective bargaining. In determining, modifying, or combining the bargaining unit, the commission shall consider the duties, skills, and working conditions of the public employees; the history of collective bargaining by the public employees and their bargaining representatives; the extent of organization among the public employees; and the desire of the public employees. The commission shall determine the bargaining representative by (1) examination of organization membership rolls, (2) comparison of signatures on organization bargaining authorization cards, or (3) by conducting an election specifically therefor.

NEW SECTION. Sec. 7. For collective bargaining agreements covering state employees, the governor's office shall submit a request for funds necessary to implement the compensation and fringe benefit provisions in an agreement and for approval by the legislature of these funds within ten days of the date on which the parties ratify the agreement or, if the legislature is not in session, within ten days after the legislature convenes. The legislature shall approve or reject the submission of the request for funds as a whole and the submission shall be deemed approved if the legislature fails to act within thirty days after the agreement is submitted for approval. If the legislature rejects the submission, either party may reopen all or part of the agreement.

Sec. 8. Section 1, chapter 131, Laws of 1973 and RCW 41.56.430 are each amended to read as follows:

The intent and purpose of this 1973 amendatory act is to recognize that there exists a public policy in the state of Washington against strikes by uniformed personnel and essential state employees as a means of settling their labor disputes; that the uninterrupted and dedicated service of these classes of employees is vital to the welfare and public safety of the state of Washington; that to promote such dedicated and uninterrupted public service there should exist an effective and adequate alternative means of settling disputes.

Sec. 9. Section 5, chapter 59, Laws of 1969 as last amended by section 19, chapter 107, Laws of 1988 and RCW 41.04.230 are each amended to read as follows:

Any official of the state authorized to disburse funds in payment of salaries and wages of public officers or employees is authorized, upon written request of the officer or employee, to deduct from the salaries or wages of the officers or employees, the amount or amounts of subscription payments, premiums, contributions, or continuation thereof, for payment of the following:

(1) Credit union deductions: PROVIDED, That the credit union is organized solely for public employees: AND PROVIDED FURTHER, That twenty-five or more employees of a single state agency or a total of one hundred or more state employees of several agencies have authorized such a deduction for payment to the same credit union.

(2) Parking fee deductions: PROVIDED, That payment is made for parking facilities furnished by the agency or by the department of general administration.

(3) U.S. savings bond deductions: PROVIDED, That a person within the particular agency shall be appointed to act as trustee. The trustee will receive all contributions; purchase and deliver all bond certificates; and keep such records and furnish such bond or security as will render full accountability for all bond contributions.

(4) Board, lodging or uniform deductions when such board, lodging and uniforms are furnished by the state, or deductions for academic tuitions or fees or scholarship contributions payable to the employing institution.

(5) Dues and other fees deductions: PROVIDED, That the deduction is for payment of membership dues to any professional organization formed primarily for public employees or college and university professors: AND PROVIDED, FURTHER, That twenty-five or more employees of a single state agency, or a total of one hundred or more state employees of several agencies have authorized such a deduction for payment to the same professional organization.

(6) Labor or employee organization dues may be deducted in the event that a payroll deduction is not provided under a collective bargaining agreement under the provisions of RCW ((~~41.06.150~~)) 41.56.110: PROVIDED, That twenty-five or more officers or employees of a single agency, or a total of one hundred or more officers or employees of several agencies have authorized such a deduction for payment to the same labor or employee organization: PROVIDED, FURTHER, That labor or employee organizations with five hundred or more members in state government may have payroll deduction for employee benefit programs.

(7) Voluntary deductions for political committees duly registered with the public disclosure commission and/or the federal election commission: PROVIDED, That twenty-five or more officers or employees of a single agency or a total of one hundred or more officers or employees of several agencies have authorized such a deduction for payment to the same political committee.

(8) Insurance contributions to the authority for payment of premiums under contracts authorized by the state health care authority.

Deductions from salaries and wages of public officers and employees other than those enumerated in this section or by other law, may be authorized by the director of financial management for purposes clearly related to state employment or goals and objectives of the agency and for plans authorized by the state health care authority.

The authority to make deductions from the salaries and wages of public officers and employees as provided for in this section shall be in addition to such other authority as may be provided by law: PROVIDED, That the state or any department, division, or separate agency of the state shall not be liable to any insurance carrier or contractor for the failure to make or transmit any such deduction.

Sec. 10. Section 4, chapter 53, Laws of 1982 1st ex. sess. as last amended by section 5, chapter 365, Laws of 1985 and by section 2, chapter 461, Laws of 1985 and RCW 41.06.150 are each reenacted and amended to read as follows:

The board shall adopt rules, consistent with the purposes and provisions of this chapter, as now or hereafter amended, and with the best standards of personnel administration, regarding the basis and procedures to be followed for:

(1) ((~~The reduction, dismissal, suspension, or demotion of an employee;~~

~~(2)~~)) Certification of names for vacancies, including departmental promotions, with the number of names equal to four more names than there are vacancies to be filled, such names representing applicants rated highest on eligibility lists;

((~~(3)~~)) (2) Examinations for all positions in the competitive and noncompetitive service;

((~~(4)~~)) (3) Appointments;

((~~(5)~~)) (4) Training and career development;

(((6) Probationary periods of six to twelve months and rejections therein, depending on the job requirements of the class, except that entry level state park rangers shall serve a probationary period of twelve months;

~~(7) Transfers;~~

~~(8) Sick leaves and vacations;~~

~~(9) Hours of work;~~

~~(10)~~)) (5) Layoffs when necessary and subsequent reemployment, both according to seniority;

(((11) Determination of appropriate bargaining units within any agency: PROVIDED, That in making such determination the board shall consider the duties, skills, and working conditions of the employees, the history of collective bargaining by the employees and their bargaining representatives, the extent of organization among the employees, and the desires of the employees;

(12) Certification and decertification of exclusive bargaining representatives: PROVIDED, That after certification of an exclusive bargaining representative and upon the representative's request, the director shall hold an election among employees in a bargaining unit to determine by a majority whether to require as a condition of employment membership in the certified exclusive bargaining representative on or after the thirtieth day following the beginning of employment or the date of such election, whichever is the later, and the failure of an employee to comply with such a condition of employment constitutes cause for dismissal: PROVIDED FURTHER, That no more often than once in each twelve-month period after expiration of twelve months following the date of the original election in a bargaining unit and upon petition of thirty percent of the members of a bargaining unit the director shall hold an election to determine whether a majority wish to rescind such condition of employment: PROVIDED FURTHER, That for purposes of this clause, membership in the certified exclusive bargaining representative is satisfied by the payment of monthly or other periodic dues and does not require payment of initiation, reinstatement, or any other fees or fines and includes full and complete membership rights: AND PROVIDED FURTHER, That in order to safeguard the right of nonassociation of public employees, based on bona fide religious tenets or teachings of a church or religious body of which such public employee is a member, such public employee shall pay to the union, for purposes within the program of the union as designated by such employee that would be in harmony with his individual conscience, an amount of money equivalent to regular union dues minus any included monthly premiums for union-sponsored insurance programs, and such employee shall not be a member of the union but is entitled to all the representation rights of a union member;

(13) Agreements between agencies and certified exclusive bargaining representatives providing for grievance procedures and collective negotiations on all personnel matters over which the appointing authority of the appropriate bargaining unit of such agency may lawfully exercise discretion;

(14) Written agreements may contain provisions for payroll deductions of employee organization dues upon authorization by the employee member and for the cancellation of such payroll deduction by the filing of a proper prior notice by the employee with the appointing authority and the employee organization: PROVIDED, That nothing contained herein permits or grants to any employee the right to strike or refuse to perform his official duties;

(15) Adoption and revision of a comprehensive classification plan for all positions in the classified service, based on investigation and analysis of the duties and responsibilities of each such position;

~~(16) Allocation and reallocation of positions within the classification plan;~~

(17) Adoption and revision of a state salary schedule to reflect the prevailing rates in Washington state private industries and other governmental units but the rates in the salary schedules or plans shall be increased if necessary to attain comparable worth under an implementation plan under RCW 41.06.155, such adoption and revision subject to approval by the director of financial management in accordance with the provisions of chapter 43.88 RCW;

(18) Increment increases within the series of steps for each pay grade based on length of service for all employees whose standards of performance are such as to permit them to retain job status in the classified service;

~~(19)~~)) (6) Providing for veteran's preference as required by existing statutes, with recognition of preference in regard to layoffs and subsequent reemployment for veterans and their widows by giving such eligible veterans and their widows additional credit in computing their seniority by adding to their unbroken state service, as defined by the board, the veteran's service in the military not to exceed five years. For the purposes of this section, "veteran" means any person who has one or more years of active military service in any branch of the armed forces of the United States or who has less than one year's service and is discharged with a disability incurred in the line of duty or is discharged at the convenience of the government and who, upon termination of such service has received an honorable discharge, a discharge for physical reasons with an honorable record, or a release from active military service with evidence of service other than that for which an undesirable, bad conduct, or dishonorable discharge shall be given: PROVIDED, HOWEVER, That the widow of a veteran is entitled to the benefits of this section regardless of the veteran's length of active military service: PROVIDED FURTHER, That for the purposes of this section "veteran" does not include any person who has voluntarily retired with twenty or more years of active military service and whose military retirement pay is in excess of five hundred dollars per month((;

(20) Permitting agency heads to delegate the authority to appoint, reduce, dismiss, suspend, or demote employees within their agencies if such agency heads do not have specific statutory authority to so delegate: PROVIDED, That the board may not authorize such delegation to any position lower than the head of a major subdivision of the agency;

(21) Assuring persons who are or have been employed in classified positions under chapter 28B.16 RCW will be eligible for employment, reemployment, transfer, and promotion in respect to classified positions covered by this chapter.

(22) Affirmative action in appointment, promotion, transfer, recruitment, training, and career development; development and implementation of affirmative action goals and timetables; and monitoring of progress against those goals and timetables.

The board shall consult with the human rights commission in the development of rules pertaining to affirmative action. The department of personnel shall transmit a report annually to the human rights commission which states the progress each state agency has made in meeting affirmative action goals and timetables)).

NEW SECTION. Sec. 11. The state personnel appeals board is hereby abolished.

NEW SECTION. Sec. 12. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the agency abolished in section 11 of this act and pertaining to the powers, functions, and duties transferred by section 11 of this act shall be delivered to the custody of the public employment relations commission. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the abolished agency in carrying out the powers, functions, and duties transferred by section 11 of this act shall be made available to the public employment relations commission. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred by section 11 of this act shall be assigned to the public employment relations commission. Any appropriations made to the abolished agency for carrying out the powers, functions, and duties transferred by section 11 of this act shall, on the effective date of this section, be transferred and credited to the public employment relations commission. Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

NEW SECTION. Sec. 13. (1) All classified employees of the state personnel appeals board engaged in performing the powers, functions, and duties transferred by section 11 of this act are transferred to the jurisdiction of the public employment relations commission.

(2) All employees of the department of personnel assigned to labor relations functions are assigned to the public employment relations commission to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

NEW SECTION. Sec. 14. All rules and all pending business before the abolished agency pertaining to the powers, functions, and duties transferred by section 11 of this act shall be continued and acted upon by the public employment relations commission. All existing contracts and obligations shall remain in full force and shall be performed by the public employment relations commission.

NEW SECTION. Sec. 15. The transfer of the powers, duties, functions, and personnel of the abolished agency under section 11 of this act shall not affect the validity of any act performed by such employee prior to the effective date of this section.

NEW SECTION. Sec. 16. If apportionments of budgeted funds are required because of the transfers directed by sections 11 through 15 of this act, the director of financial management shall certify the apportionments to the agency affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

Sec. 17. Section 10, chapter 36, Laws of 1969 ex. sess. as last amended by section 1, chapter 365, Laws of 1985 and by section 9, chapter 461, Laws of 1985 and RCW 28B.16.100 are each reenacted and amended to read as follows:

The higher education personnel board shall adopt rules, consistent with the purposes and provisions of this chapter and with the best standards of personnel administration, regarding the basis and procedures to be followed for:

(1) ((~~The dismissal, suspension, or demotion of an employee, and appeals therefrom;~~

~~(2)~~)) Certification of names for vacancies, including promotions, with the number of names equal to four more names than there are vacancies to be filled, such names representing applicants rated highest on eligibility lists;

((~~(3)~~)) (2) Examination for all positions in the competitive and noncompetitive service;

((~~(4)~~)) (3) Appointments;

((~~(5) Probationary periods of six to twelve months and rejections therein, depending on the job requirements of the class;~~

~~(6) Transfers;~~

~~(7) Sick leaves and vacations;~~

~~(8) Hours of work;~~

~~(9)~~)) (4) Training and career development;

(5) Layoffs when necessary and subsequent reemployment, both according to seniority; and

(((10) Determination of appropriate bargaining units within any institution or related boards: PROVIDED, That in making such determination the board shall consider the duties, skills, and working conditions of the employees, the history of collective bargaining by the employees and their bargaining representatives, the extent of organization among the employees, and the desires of the employees;

(11) Certification and decertification of exclusive bargaining representatives: PROVIDED, That after certification of an exclusive bargaining representative and upon the representative's request, the director shall hold an election among employees in a bargaining unit to determine by a majority whether to require as a condition of employment membership in the certified exclusive bargaining representative on or after the thirtieth day following the beginning of employment or the date of such election, whichever is the later, and the failure of an employee to comply with such condition of employment constitutes cause for dismissal: PROVIDED FURTHER, That no more often than once in each twelve-month period after expiration of twelve months following the date of the original election in a bargaining unit and upon petition of thirty percent of the members of a bargaining unit the director shall hold an election to determine whether a majority wish to rescind such condition of employment: PROVIDED FURTHER, That for purposes of this clause, membership in the certified exclusive bargaining representative is satisfied by the payment of monthly or other periodic dues and does not require payment of initiation, reinstatement, or any other fees or fines and includes full and complete membership rights: AND PROVIDED FURTHER, That in order to safeguard the right of nonassociation of public employees, based on bona fide religious tenets or teachings of a church or religious body of which such public employee is a member, such public employee shall pay to the union, for purposes within the program of the union as designated by such employee that would be in harmony with his individual conscience, an amount of money equivalent to regular union dues minus any included monthly premiums for union-sponsored insurance programs, and such employee shall not be a member of the union but is entitled to all the representation rights of a union member;

(12) Agreements between institutions or related boards and certified exclusive bargaining representatives providing for grievance procedures and collective negotiations on all personnel matters over which the institution or the related board may lawfully exercise discretion;

(13) Written agreements may contain provisions for payroll deductions of employee organization dues upon authorization by the employee member and for the cancellation of such payroll deduction by the filing of a proper prior notice by the employee with the institution and the employee organization: PROVIDED, That nothing contained herein permits or grants to any employee the right to strike or refuse to perform his official duties;

(14) Adoption and revision of comprehensive classification plans for all positions in the classified service, based on investigation and analysis of the duties and responsibilities of each such position;

~~(15) Allocation and reallocation of positions within the classification plan;~~

(16) Adoption and revision of salary schedules and compensation plans which reflect the prevailing rates in Washington state private industries and other governmental units for positions of a similar nature but the rates in the salary schedules or plans shall be increased if necessary to attain comparable worth under an implementation plan under RCW 28B.16.116 and which shall be competitive in the state or the locality in which the institution or related boards are located, such adoption, revision, and implementation subject to approval as to availability of funds by the director of financial management in accordance with the provisions of chapter 43.88 RCW, and after consultation with the chief financial officer of each institution or related board for that institution or board, or in the case of community colleges, by the chief financial officer of the state board for community college education for the various community colleges;

~~(17) Training programs including in-service, promotional, and supervisory;~~

~~(19)~~)) (6) Providing for veteran's preference as provided by existing statutes, with recognition of preference in regard to layoffs and subsequent reemployment for veterans and their widows by giving such eligible veterans and their widows additional credit in computing their seniority by adding to their unbroken higher education service, as defined by the board, the veteran's service in the military not to exceed five years of such service. For the purposes of this section, "veteran" means any person who has one or more years of active military service in any branch of the armed forces of the United States or who has less than one year's service and is discharged with a disability incurred in the line of duty or is discharged at the convenience of the government and who, upon termination of such service, has received an honorable discharge, a discharge for physical reasons with an honorable record, or a release from active military service with evidence of service other than that for which an undesirable, bad conduct, or dishonorable discharge shall be given: PROVIDED, HOWEVER, That the widow of a veteran is entitled to the benefits of this section regardless of the veteran's length of active military service: PROVIDED FURTHER, That for the purposes of this section "veteran" does not include any person who has voluntarily retired with twenty or more years of active military service and whose military retirement pay is in excess of five hundred dollars per month((;

(20) Assuring that persons who are or have been employed in classified positions under chapter 41.06 RCW will be eligible for employment, reemployment, transfer, and promotion in respect to classified positions covered by this chapter; and

(21) Assuring that any person who is or has been employed in a classified position under this chapter will be eligible for employment, reemployment, transfer, and promotion in respect to classified positions at any other institution of higher education or related board.

The board shall consult with the human rights commission in the development of rules consistent with federal guidelines pertaining to affirmative action. The board shall transmit a report annually to the human rights commission which states the progress each institution of higher education has made in meeting affirmative action goals and timetables)).

Sec. 18. Section 9, chapter 152, Laws of 1977 ex. sess. as amended by section 19, chapter 53, Laws of 1982 1st ex. sess. and RCW 28B.16.101 are each amended to read as follows:

Rules adopted by the higher education personnel board shall provide for local administration and management by the institutions of higher education and related boards, subject to periodic audit and review by the board, of the following:

(1) Appointment((~~, promotion, and transfer of employees;~~

~~(2) Dismissal, suspension, or demotion of an employee~~));

((~~(3)~~)) (2) Examinations for all positions in the competitive and noncompetitive service; and

((~~(4) Probationary periods of six to twelve months and rejections therein;~~

~~(5) Sick leaves and vacations;~~

~~(6) Hours of work;~~

~~(7) Layoffs when necessary and subsequent reemployment;~~

~~(8) Allocation and reallocation of positions within the classification plans;~~

~~(9)~~)) (3) Training programs((~~; and~~

~~(10) Maintenance of personnel records~~)).

Sec. 19. Section 2, chapter 108, Laws of 1967 ex. sess. as last amended by section 1, chapter 135, Laws of 1987 and RCW 41.56.020 are each amended to read as follows:

This chapter shall apply to any county or municipal corporation, or any political subdivision of the state of Washington or any agency of the state of Washington as defined in RCW 41.06.020 or any institution as defined in chapter 28B.16 RCW, except as otherwise provided by RCW 54.04.170, 54.04.180, and chapters 41.59, 47.64, and 53.18 RCW. The Washington state patrol shall be considered a public employer of state patrol officers appointed under RCW 43.43.020.

NEW SECTION. Sec. 20. The following acts or parts of acts are each repealed:

(1) Section 12, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.120;

(2) Section 13, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.130;

(3) Section 14, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.140;

(4) Section 15, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.150;

(5) Section 16, chapter 36, Laws of 1969 ex. sess., section 72, chapter 81, Laws of 1971, section 27, chapter 202, Laws of 1988 and RCW 28B.16.160;

(6) Section 26, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.170;

(7) Section 14, chapter 215, Laws of 1969 ex. sess., section 6, chapter 62, Laws of 1973 and RCW 28B.16.230;

(8) Section 11, chapter 461, Laws of 1985 and RCW 28B.16.255;

(9) Section 12, chapter 461, Laws of 1985 and RCW 28B.16.265;

(10) Section 13, chapter 461, Laws of 1985 and RCW 28B.16.275;

(11) Section 1, chapter 311, Laws of 1981 and RCW 41.64.010;

(12) Section 3, chapter 311, Laws of 1981 and RCW 41.64.020;

(13) Section 4, chapter 311, Laws of 1981, section 4, chapter 34, Laws of 1984, section 73, chapter 287, Laws of 1984 and RCW 41.64.030;

(14) Section 5, chapter 311, Laws of 1981 and RCW 41.64.040;

(15) Section 6, chapter 311, Laws of 1981 and RCW 41.64.050;

(16) Section 7, chapter 311, Laws of 1981 and RCW 41.64.060;

(17) Section 8, chapter 311, Laws of 1981 and RCW 41.64.070;

(18) Section 9, chapter 311, Laws of 1981 and RCW 41.64.080;

(19) Section 10, chapter 311, Laws of 1981 and RCW 41.64.090;

(20) Section 11, chapter 311, Laws of 1981 and RCW 41.64.100;

(21) Section 12, chapter 311, Laws of 1981, section 7, chapter 461, Laws of 1985 and RCW 41.64.110;

(22) Section 13, chapter 311, Laws of 1981 and RCW 41.64.120;

(23) Section 14, chapter 311, Laws of 1981 and RCW 41.64.130;

(24) Section 15, chapter 311, Laws of 1981, section 42, chapter 202, Laws of 1988 and RCW 41.64.140;

(25) Section 2, chapter 311, Laws of 1981 and RCW 41.64.900;

(26) Section 24, chapter 311, Laws of 1981 and RCW 41.64.910;

(27) Section 17, chapter 1, Laws of 1961, section 3, chapter 43, Laws of 1975-'76 2nd ex. sess., section 19, chapter 311, Laws of 1981 and RCW 41.06.170;

(28) Section 4, chapter 461, Laws of 1985 and RCW 41.06.176;

(29) Section 5, chapter 461, Laws of 1985 and RCW 41.06.186;

(30) Section 6, chapter 461, Laws of 1985 and RCW 41.06.196;

(31) Section 23, chapter 1, Laws of 1961 and RCW 41.06.230;

(32) Section 1, chapter 45, Laws of 1969 and RCW 41.06.300;

(33) Section 2, chapter 45, Laws of 1969 and RCW 41.06.310;

(34) Section 3, chapter 45, Laws of 1969 and RCW 41.06.320;

(35) Section 4, chapter 45, Laws of 1969 and RCW 41.06.330;

(36) Section 13, chapter 215, Laws of 1969 ex. sess. and RCW 41.06.340; and

(37) Section 3, chapter 135, Laws of 1987, section 2, chapter 110, Laws of 1988 and RCW 41.56.475.

NEW SECTION. Sec. 21. Sections 5 and 7 of this act are each added to chapter 41.56 RCW.

NEW SECTION. Sec. 22. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 23. State employees who are represented by an exclusive bargaining representative on June 30, 1989, shall retain all rights, benefits, and union security provisions that were in effect on June 30, 1989, until the rights, benefits, and union security provisions are modified by or incorporated into a collective bargaining agreement entered into after the effective date of this act. Collective bargaining agreements or provisions negotiated or concluded under this act may become effective retroactive to July 1, 1989.

NEW SECTION. Sec. 24. 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 on July 1, 1989.