S-4452               _______________________________________________

                                                   SENATE BILL NO. 6743

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senator Bender

Read first time 1/24/90 and referred to Committee on  Transportation.

AN ACT Relating to the time of implementation of ferry employee collective bargaining agreements upon agreement of the parties; and amending RCW 47.64.190.

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

        Sec. 1.  Section 10, chapter 15, Laws of 1983 and RCW 47.64.190 are each amended to read as follows:

          (1) ((No)) A negotiated agreement or arbitration order ((may)) becomes effective and in force ((until)) five calendar days after an agreement has been negotiated or an arbitration order entered for ((each and every)) a ferry employee bargaining unit if (a) the secretary finds that the budgetary and fare limitations imposed by RCW 47.64.180 would not be exceeded if similar terms were negotiated with all ferry employee bargaining units, and (b) the ferry employee bargaining unit agrees that any amounts in excess of budgetary and fare limitations that are found to be attributable to its agreement will be repaid to the department by a reduction in employee wages in an appropriate amount over a twelve-month period, and that the labor contract provisions giving rise to the excess amounts will be modified to eliminate the excess amounts.

          (2)  Upon the conclusion of negotiations or arbitration procedures with all ferry employee bargaining units, the secretary shall ascertain whether the cumulative fiscal requirements of all such agreements and arbitration orders are within the limitations imposed by RCW 47.64.180.

          (3)  If the secretary finds that budgetary or fare restrictions will be exceeded, he shall, within five calendar days of completion of negotiations or arbitration with the last bargaining unit to conclude an agreement, submit all agreements and arbitration awards to the marine employees' commission for a binding determination whether the limitations of RCW 47.64.180 have been exceeded.

          (4)  The marine employees' commission shall review all negotiated agreements and arbitration orders, and may take written or oral testimony from the parties, regarding compliance with RCW 47.64.180.  Within fifteen calendar days of receiving the secretary's request for review, the commission shall determine by a majority vote of its members whether or not the cumulative effect of all such agreements and orders exceeds the limitations of RCW 47.64.180.

          (5)  If the marine employees' commission determines that the limitations of RCW 47.64.180 would be exceeded if all agreements and arbitration orders were given full force and effect, it shall order the minimum percentage reduction in straight time wage provisions applied equally across the board to all agreements or arbitration orders which will result in compliance with RCW 47.64.180.

          (6)  Whenever the secretary requests a determination by the marine employees' commission pursuant to this section, the effect of all agreements and arbitration orders shall be stayed, pending the commission's final determination.