FINAL BILL REPORT

                 EHB 1152

                          C 76 L 93

                     Synopsis as Enacted

Brief Description:  Authorizing and encouraging the state supreme court to denominate the Washington state bar association a public employer for collective bargaining purposes.

By Representatives Thibaudeau, Heavey, King, Vance, Veloria, G. Cole, Riley and J. Kohl.

House Committee on Commerce & Labor

Senate Committee on Labor & Commerce

Background:  The Public Employees' Collective Bargaining Act (PECBA) establishes procedures for public employees to implement their right to join labor organizations of their own choosing and to be represented in matters concerning their employment relations with public employers.  The collective bargaining statutes generally apply to political subdivisions of the state but not to the state itself.  Employees of the Washington State Bar Association are not specifically covered by any collective bargaining statutes. 

Although the bar association was established by legislative enactment, the Washington Supreme Court maintains supervisory and regulatory control over the bar association. The court has held that this function derives from its inherent constitutional powers as a separate, independent branch of government.

In another case, the Washington Supreme Court approved application of the PECBA to court employees, with respect to bargaining for wages with the county.  The court found that wage bargaining with the county did not affect the judiciary's power to control and administer the courts.  In 1989 and 1992, the Legislature amended the PECBA to permit court employees to bargain non-wage matters with district and superior court judges, respectively.

Summary:  The Washington Supreme Court is encouraged and authorized to provide by rule that the Washington State Bar Association is considered a public employer under the Public Employees' Collective Bargaining Act.

Votes on Final Passage:

House  73 23

Senate 28 17

Effective:  July 25, 1993