5483-S AMH CL CORD 2

SSB 5483 - H COMM AMD ADOPTED 4-8-93

By Committee on Commerce & Labor

     Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1.  A new section is added to chapter 41.56 RCW to read as follows:

     In addition to the classes of employees listed in RCW 41.56.030(7), the provisions of RCW 41.56.430 through 41.56.452, 41.56.470, 41.56.480, and 41.56.490 shall also be applicable to the employees of a public passenger transportation system of a metropolitan municipal corporation, county transportation authority, public transportation benefit area, or city public passenger transportation system, subject to the following:

     (1)  Negotiations between the public employer and the bargaining representative may commence at any time agreed to by the parties.  If no agreement has been reached ninety days after commencement of negotiations, either party may demand that the issues in disagreement be submitted to a mediator.  The services of the mediator shall be provided by the commission without cost to the parties, but nothing in this section or RCW 41.56.440 shall be construed to prohibit the public employer and the bargaining representative from agreeing to substitute at their own expense some other mediator or mediation procedure; and

     (2) If an agreement has not been reached following a reasonable period of negotiations and mediation, and the mediator finds that the parties remain at impasse, either party may demand that the issues in disagreement be submitted to an arbitration panel for a binding and final determination.  In making its determination, the arbitration panel shall be mindful of the legislative purpose enumerated in RCW 41.56.430 and as additional standards or guidelines to aid it in reaching a decisions, shall take into consideration the following factors:

     (a) The constitutional and statutory authority of the employer;

     (b) Stipulations of the parties;

     (c) Compensation package comparisons, economic indices, fiscal constraints, and similar factors determined by the arbitration panel to be pertinent to the case; and

     (d) Such other factors, not confined to the foregoing, which are normally or traditionally taken into consideration in the determination of wages, hours, and conditions of employment."

EFFECT:  The amendment moves the authority for binding arbitration to the Public Employees' Collective Bargaining Act, making the standard provisions under the PECBA generally applicable to the transit employees.  This includes provisions stating that the arbitration panel functions as a state agency and provisions prohibiting strikes.  The amendment retains the arbitration panel standards from the substitute bill.