S-4077.2 _______________________________________________
SENATE BILL 6382
_______________________________________________
State of Washington 53rd Legislature 1994 Regular Session
By Senators Prentice, Amondson, Fraser and Winsley
Read first time 01/20/94. Referred to Committee on Labor & Commerce.
AN ACT Relating to correcting multiple amendments related to public employees' collective bargaining; amending RCW 41.56.465; amending 1993 c 398 s 5 (uncodified); reenacting and amending RCW 41.56.030 and 41.56.460; creating a new section; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The only intent of the legislature in this act is to correct multiple amendments in statutes related to public employees' collective bargaining. It is not the intent of the legislature to change the substance or effect of any statute previously enacted.
Sec. 2. RCW 41.56.030 and 1993 c 398 s 1, 1993 c 397 s 1, and 1993 c 379 s 302 are each reenacted and 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, or any subdivision of such public body. For the purposes of this section, the public employer of district court or superior court employees for wage-related matters is the respective county legislative authority, or person or body acting on behalf of the legislative authority, and the public employer for nonwage-related matters is the judge or judge's designee of the respective district court or superior court.
(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, or (d) who is a personal assistant to a district court judge, superior court judge, or court commissioner. For the purpose of (d) of this subsection, no more than one assistant for each judge or commissioner may be excluded from a bargaining unit.
(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) "Executive director" means the executive director of the commission.
(7)(a) Until July 1,
1995, "uniformed personnel" means: (i) Law enforcement officers as
defined in RCW 41.26.030 of cities with a population of fifteen thousand or
more or law enforcement officers employed by the governing body of any county
with a population of seventy thousand or more; (ii) fire fighters as that term
is defined in RCW 41.26.030; ((or (c))) (iii) correctional employees who
are uniformed and nonuniformed, commissioned and noncommissioned security
personnel employed in a jail as defined in RCW 70.48.020(5), by a county with a
population of seventy thousand or more, and who are trained for and charged
with the responsibility of controlling and maintaining custody of inmates in
the jail and safeguarding inmates from other inmates; (iv) security
forces established under RCW 43.52.520; (((iv))) (v) employees of
a port district in a county with a population of one million or more whose
duties include crash fire rescue or other fire fighting duties; (((v))) (vi)
employees of fire departments of public employers who dispatch exclusively
either fire or emergency medical services, or both; or (((vi))) (vii)
employees in the several classes of advanced life support technicians, as
defined in RCW 18.71.200, who are employed by a public employer.
(b) Beginning on July
1, 1995, "uniformed personnel" means: (i) Law enforcement officers
as defined in RCW 41.26.030 employed by the governing body of any city or town
with a population of seven thousand five hundred or more and law enforcement
officers employed by the governing body of any county with a population of
thirty-five thousand or more; (ii) correctional employees who are uniformed
and nonuniformed, commissioned and noncommissioned security personnel employed
in a jail as defined in RCW 70.48.020(5), by a county with a population of
seventy thousand or more, and who are trained for and charged with the responsibility
of controlling and maintaining custody of inmates in the jail and safeguarding
inmates from other inmates; (iii) general authority Washington peace
officers as defined in RCW 10.93.020 employed by a port district in a county
with a population of one million or more; (((iii))) (iv) security
forces established under RCW 43.52.520; (((iv))) (v) fire
fighters as that term is defined in RCW 41.26.030; (((v))) (vi)
employees of a port district in a county with a population of one million or
more whose duties include crash fire rescue or other fire fighting duties; (((vi)))
(vii) employees of fire departments of public employers who dispatch
exclusively either fire or emergency medical services, or both; or (((vii)))
(viii) employees in the several classes of advanced life support
technicians, as defined in RCW 18.71.200, who are employed by a public
employer.
(8) "Institution of higher education" means the University of Washington, Washington State University, Central Washington University, Eastern Washington University, Western Washington University, The Evergreen State College, and the various state community colleges.
Sec. 3. RCW 41.56.460 and 1993 c 517 s 10, 1993 c 502 s 5, 1993 c 398 s 2, and 1993 c 397 s 2 are each reenacted and amended to read as follows:
(1) In making its determination, the 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 decision, it shall take into consideration the following factors:
(a) The constitutional and statutory authority of the employer;
(b) Stipulations of the parties;
(c)(i) For employees
listed in RCW 41.56.030(7)(a)(i) ((and (c))), (iii), and (iv),
comparison of the wages, hours and conditions of employment of personnel
involved in the proceedings with the wages, hours, and conditions of employment
of like personnel of like employers of similar size on the west coast of the
United States;
(ii) For employees
listed in RCW 41.56.030(7)(a)(ii) and ((iv)) (v) through ((vi))
(vii), comparison of the wages, hours, and conditions of employment of
personnel involved in the proceedings with the wages, hours, and conditions of
employment of like personnel of public fire departments of similar size on the
west coast of the United States. However, when an adequate number of
comparable employers exists within the state of Washington, other west coast
employers shall not be considered;
(d) The average consumer prices for goods and services, commonly known as the cost of living;
(e) Changes in any of the foregoing circumstances during the pendency of the proceedings; and
(f) 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) ((Nothing in))
Subsection (1)(c) of this section ((shall)) may not be
construed to authorize the panel to require the employer to pay, directly or
indirectly, the increased employee contributions resulting from chapter 502,
Laws of 1993 or chapter 517, Laws of 1993, as required under chapter
41.26 RCW.
Sec. 4. RCW 41.56.465 and 1993 c 398 s 3 are each amended to read as follows:
(1) In making its determination, the 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 decision, it shall take into consideration the following factors:
(((1))) (a)
The constitutional and statutory authority of the employer;
(((2))) (b)
Stipulations of the parties;
(((3)(a))) (c)(i)
For employees listed in RCW 41.56.030(7)(b)(i) through (((iii))) (iv),
comparison of the wages, hours, and conditions of employment of personnel
involved in the proceedings with the wages, hours, and conditions of employment
of like personnel of like employers of similar size on the west coast of the
United States;
(((b))) (ii)
For employees listed in RCW 41.56.030(7)(b)(((iv)))(v) through (((vii)))
(viii), comparison of the wages, hours, and conditions of employment of
personnel involved in the proceedings with the wages, hours, and conditions of
employment of like personnel of public fire departments of similar size on the
west coast of the United States. However, when an adequate number of
comparable employers exists within the state of Washington, other west coast
employers may not be considered;
(((4))) (d)
The average consumer prices for goods and services, commonly known as the cost
of living;
(((5))) (e)
Changes in any of the circumstances under ((subsections (1))) (a)
through (((4))) (d) of this ((section)) subsection
during the pendency of the proceedings; and
(((6))) (f)
Such other factors, not confined to the factors under ((subsections (1)))
(a) through (((5))) (e) of this ((section)) subsection,
that are normally or traditionally taken into consideration in the
determination of wages, hours, and conditions of employment. For those
employees listed in RCW 41.56.030(7)(b)(i) who are employed by the governing
body of a city or town with a population of less than fifteen thousand, or a
county with a population of less than seventy thousand, consideration must also
be given to regional differences in the cost of living.
(2) Subsection (1)(c) of this section may not be construed to authorize the panel to require the employer to pay, directly or indirectly, the increased employee contributions resulting from chapter 502, Laws of 1993 or chapter 517, Laws of 1993, as required under chapter 41.26 RCW.
Sec. 5. 1993 c 398 s 5 (uncodified) is amended to read as follows:
RCW 41.56.460 and ((1988
c 110 s 1, 1987 c 521 s 2, 1983 c 287 s 4, 1979 ex.s. c 184 s 3, & 1973 c
131 s 5)) 1994 c . . . s 3 (section 3 of this act) are
each repealed.
NEW SECTION. Sec. 6. Sections 4 and 5 of this act shall take effect July 1, 1995.
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