5483-S

AN ACT Relating to providing for arbitration in public transportation labor negotiations; amending RCW 35.58.265, 36.57.090, and 36.57A.120; adding a new section to chapter 35.21 RCW; and prescribing penalties.

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

Sec. 1. RCW 35.58.265 and 1965 c 91 s 1 are each amended to read as follows:

(1) If a metropolitan municipal corporation shall perform the metropolitan transportation function and shall acquire any existing transportation system, it shall assume and observe all existing labor contracts relating to such system and, to the extent necessary for operation of facilities, all of the employees of such acquired transportation system whose duties are necessary to operate efficiently the facilities acquired shall be appointed to comparable positions to those which they held at the time of such transfer, and no employee or retired or pensioned employee of such systems shall be placed in any worse position with respect to pension seniority, wages, sick leave, vacation or other benefits that he or she enjoyed as an employee of such system prior to such acquisition. The metropolitan municipal corporation shall engage in collective bargaining with the duly appointed representatives of any employee labor organization having existing contracts with the acquired transportation system and may enter into labor contracts with such employee labor organization.

(2) If a collective bargaining agreement for the transportation system has not been negotiated within ninety days of the commencement of bargaining between a metropolitan municipal corporation and a labor union representing its employees, either party may demand that the issues in disagreement be submitted to a mediator to assist in negotiations. To select the mediator, both parties shall request a list of nine names from the federal mediation and conciliation service or any other organization agreed upon by both parties. Each party shall strike a name from the list until one mediator is selected. The parties shall equally share in the payment of the fees of the mediator. If an agreement has not been reached following a reasonable period of negotiations and mediation, and the mediator finds that the parties remain at an impasse, either party may demand that the issues in disagreement be submitted to an arbitration panel for a binding and final determination. To select the arbitration panel, each party shall name one person as its arbitrator member, and the two members shall jointly appoint a third arbitrator to act as the neutral chair of the panel. If the two arbitrator members cannot agree on a chair, they shall request a list of nine names from the federal mediation and conciliation service or any other organization agreed upon by both parties. Each party shall strike a name from the list until one arbitrator is selected to serve as chair. Each party shall pay the fees and expenses of its arbitrator, and the parties shall equally share in the payment of the fees of the neutral chair.

Among the factors which the arbitration panel shall consider are:

(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.

(3) If the representative of either or both the employees under subsection (2) of this section and the employer refuse to submit to the procedures set forth in subsection (2) of this section, the parties may invoke the jurisdiction of the superior court for the county in which the labor dispute exists and the court has jurisdiction to issue an appropriate order. A failure to obey the order may be punished by the court as contempt. A decision of the arbitration panel is final and binding on the parties, and may be enforced at the instance of either party or the arbitration panel in the superior court for the county where the dispute arose.

(4) The right of employees under subsection (2) of this section to engage in any strike, work slowdown, or stoppage is not granted. An organization recognized as the bargaining representative of the employees that willfully disobeys a lawful order of enforcement by a superior court under this subsection and subsection (3) of this section, or willfully offers resistance to the order, whether by strike or otherwise, is in contempt of court as provided in chapter 7.21 RCW. An employer that willfully disobeys a lawful order of enforcement by a superior court under subsection (3) of this section or willfully offers resistance to the order is in contempt of court as provided in chapter 7.21 RCW.

Sec. 2. RCW 36.57.090 and 1974 ex.s. c 167 s 9 are each amended to read as follows:

(1) A county transportation authority may acquire any existing transportation system by conveyance, sale, or lease. In any purchase from a county or city, the authority shall receive credit from the county or city for any federal assistance and state matching assistance used by the county or city in acquiring any portion of such system. The authority shall assume and observe all existing labor contracts relating to such system and, to the extent necessary for operation of facilities, all of the employees of such acquired transportation system whose duties are necessary to operate efficiently the facilities acquired shall be appointed to comparable positions to those which they held at the time of such transfer, and no employee or retired or pensioned employee of such systems shall be placed in any worse position with respect to pension seniority, wages, sick leave, vacation or other benefits that he enjoyed as an employee of such system prior to such acquisition. The authority shall engage in collective bargaining with the duly appointed representatives of any employee labor organization having existing contracts with the acquired transportation system and may enter into labor contracts with such employee labor organization.

(2) If a collective bargaining agreement for the transportation system has not been negotiated within ninety days of the commencement of bargaining between a county transportation authority and a labor union representing its employees, either party may demand that the issues in disagreement be submitted to a mediator to assist in negotiations. To select the mediator, both parties shall request a list of nine names from the federal mediation and conciliation service or any other organization agreed upon by both parties. Each party shall strike a name from the list until one mediator is selected. The parties shall equally share in the payment of the fees of the mediator. If an agreement has not been reached following a reasonable period of negotiations and mediation, and the mediator finds that the parties remain at an impasse, either party may demand that the issues in disagreement be submitted to an arbitration panel for a binding and final determination. To select the arbitration panel, each party shall name one person as its arbitrator member, and the two members shall jointly appoint a third arbitrator to act as the neutral chair of the panel. If the two arbitrator members cannot agree on a chair, they shall request a list of nine names from the federal mediation and conciliation service or any other organization agreed upon by both parties. Each party shall strike a name from the list until one arbitrator is selected to serve as chair. Each party shall pay the fees and expenses of its arbitrator, and the parties shall equally share in the payment of the fees of the neutral chair.

Among the factors which the arbitration panel shall consider are:

(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.

Sec. 3. RCW 36.57A.120 and 1975 1st ex.s. c 270 s 22 are each amended to read as follows:

(1) If a public transportation benefit area shall acquire any existing transportation system, it shall assume and observe all existing labor contracts relating to such system and, to the extent necessary for operation of facilities, all of the employees of such acquired transportation system whose duties are necessary to operate efficiently the facilities acquired shall be appointed to comparable positions to those which they held at the time of such transfer, and no employee or retired or pensioned employee of such systems shall be placed in any worse position with respect to pension seniority, wages, sick leave, vacation or other benefits that he or she enjoyed as an employee of such system prior to such acquisition. The public transportation benefit area authority shall engage in collective bargaining with the duly appointed representatives of any employee labor organization having existing contracts with the acquired transportation system and may enter into labor contracts with such employee labor organization.

(2) If a collective bargaining agreement for the transportation system has not been negotiated within ninety days of the commencement of bargaining between a public transportation benefit area and a labor union representing its employees, either party may demand that the issues in disagreement be submitted to a mediator to assist in negotiations. To select the mediator, both parties shall request a list of nine names from the federal mediation and conciliation service or any other organization agreed upon by both parties. Each party shall strike a name from the list until one mediator is selected. The parties shall equally share in the payment of the fees of the mediator. If an agreement has not been reached following a reasonable period of negotiations and mediation, and the mediator finds that the parties remain at an impasse, either party may demand that the issues in disagreement be submitted to an arbitration panel for a binding and final determination. To select the arbitration panel, each party shall name one person as its arbitrator member, and the two members shall jointly appoint a third arbitrator to act as the neutral chair of the panel. If the two arbitrator members cannot agree on a chair, they shall request a list of nine names from the federal mediation and conciliation service or any other organization agreed upon by both parties. Each party shall strike a name from the list until one arbitrator is selected to serve as chair. Each party shall pay the fees and expenses of its arbitrator, and the parties shall equally share in the payment of the fees of the neutral chair.

Among the factors which the arbitration panel shall consider are:

(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.

NEW SECTION. Sec. 4. A new section is added to chapter 35.21 RCW to read as follows:

(1) If a collective bargaining agreement for a city's public passenger transportation system has not been negotiated within ninety days of the commencement of bargaining between a city and a labor union representing its public passenger transportation system employees, either party may demand that the issues in disagreement be submitted to a mediator to assist in negotiations. To select the mediator, both parties shall request a list of nine names from the federal mediation and conciliation service or any other organization agreed upon by both parties. Each party shall strike a name from the list until one mediator is selected. The parties shall equally share in the payment of the fees of the mediator. If an agreement has not been reached following a reasonable period of negotiations and mediation, and the mediator finds that the parties remain at an impasse, either party may demand that the issues in disagreement be submitted to an arbitration panel for a binding and final determination. To select the arbitration panel, each party shall name one person as its arbitrator member, and the two members shall jointly appoint a third arbitrator to act as the neutral chair of the panel. If the two arbitrator members cannot agree on a chair, they shall request a list of nine names from the federal mediation and conciliation service or any other organization agreed upon by both parties. Each party shall strike a name from the list until one arbitrator is selected to serve as chair. Each party shall pay the fees and expenses of its arbitrator, and the parties shall equally share in the payment of the fees of the neutral chair.

Among the factors which the arbitration panel shall consider are:

(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.

(2) If the representative of either or both the employees under subsection (1) of this section and the employer refuse to submit to the procedures set forth in subsection (1) of this section, the parties, may invoke the jurisdiction of the superior court for the county in which the labor dispute exists and the court has jurisdiction to issue an appropriate order. A failure to obey the order may be punished by the court as contempt. A decision of the arbitration panel is final and binding on the parties, and may be enforced at the instance of either party or the arbitration panel in the superior court for the county where the dispute arose.

(3) The right of employees under subsection (1) of this section to engage in any strike, work slowdown, or stoppage is not granted. An organization recognized as the bargaining representative of the employees that willfully disobeys a lawful order of enforcement by a superior court under this subsection and subsection (2) of this section, or willfully offers resistance to the order, whether by strike or otherwise, is in contempt of court as provided in chapter 7.21 RCW. An employer that willfully disobeys a lawful order of enforcement by a superior court under subsection (2) of this section or willfully offers resistance to the order is in contempt of court as provided in chapter 7.21 RCW.