1316-S2 AMH COLE H5054.1 [atlas:amendment]

1316-S2 AMH COLE H5054.1

2SHB 1316 - H AMD 168

By Representative Cole

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 41.59 RCW to read as follows:

The intent and purpose of sections 1 through 8 of this act are to recognize that there exists a public policy in the state of Washington against strikes by educational employees as a means of settling their labor disputes; that the uninterrupted and dedicated service of these employees is vital to the welfare and public safety of the state of Washington; that to promote such dedicated and uninterrupted public service there should exist an effective and adequate alternative means of settling disputes.

NEW SECTION. Sec. 2. A new section is added to chapter 41.59 RCW to read as follows:

Negotiations between an employer and the bargaining representative in a unit of educational employees shall be commenced at least five months before the date on which school districts are required to submit copies of their budgets to their educational service districts. If no agreement has been reached sixty days after the commencement of such negotiations then, at any time thereafter, either party may declare that an impasse exists and may submit the dispute to the commission for mediation, with or without the concurrence of the other party. The commission shall appoint a mediator, who shall forthwith meet with the representatives of the parties, either jointly or separately, and shall take such other steps as he or she may deem appropriate in order to persuade the parties to resolve their differences and effect an agreement: PROVIDED, That a mediator does not have a power of compulsion.

NEW SECTION. Sec. 3. A new section is added to chapter 41.59 RCW to read as follows:

If an agreement has not been reached following a reasonable period of negotiations and mediation, and the executive director of the commission, upon the recommendation of the assigned mediator, finds that the parties remain at impasse, then an interest arbitration panel shall be created to resolve the dispute. The issues for determination by the arbitration panel shall be limited to the issues certified by the executive director. Within seven days following the issuance of the determination of the executive director, each party shall name one person to serve as its arbitrator on the arbitration panel. The two members so appointed shall meet within seven days following the appointment of the later appointed member to attempt to choose a third member to act as the neutral chairman of the arbitration panel. Upon the failure of the arbitrators to select a neutral chairman within seven days, the two appointed members shall use one of the two following options in the appointment of the third member, who shall act as chairman of the panel: (1) By mutual consent, the two appointed members may jointly request the commission, and the commission shall appoint a third member within two days of such request. Costs of each party's appointee shall be borne by each party respectively; other costs of the arbitration proceedings shall be borne by the commission; or (2) either party may apply to the commission, the federal mediation and conciliation service, or the American Arbitration Association to provide a list of five qualified arbitrators from which the neutral chairman shall be chosen. Each party shall pay the fees and expenses of its arbitrator, and the fees and expenses of the neutral chairman shall be shared equally between the parties.

The arbitration panel so constituted shall promptly establish a date, time, and place for a hearing and shall provide reasonable notice thereof to the parties to the dispute. A hearing, which shall be informal, shall be held, and each party shall have the opportunity to present evidence and make argument. No member of the arbitration panel may present the case for a party to the proceedings. The rules of evidence prevailing in judicial proceedings may be considered, but are not binding, and any oral testimony or documentary evidence or other data deemed relevant by the chairman of the arbitration panel may be received in evidence. A recording of the proceedings shall be taken. The arbitration panel has the power to administer oaths, require the attendance of witnesses, and require the production of such books, papers, contracts, agreements, and documents as may be deemed by the panel to be material to a just determination of the issues in dispute. If any person refuses to obey a subpoena issued by the arbitration panel, or refuses to be sworn or to make an affirmation to testify, or any witness, party, or attorney for a party is guilty of any contempt while in attendance at any hearing held hereunder, the arbitration panel may invoke the jurisdiction of the superior court in the county where the labor dispute exists, and the court has jurisdiction to issue an appropriate order. Any failure to obey the order may be punished by the court as a contempt thereof. The hearing conducted by the arbitration panel shall be concluded within twenty-five days following the selection or designation of the neutral chairman of the arbitration panel, unless the parties agree to a longer period.

The neutral chairman shall consult with the other members of the arbitration panel, and, within thirty days following the conclusion of the hearing, the neutral chairman shall make written findings of fact and a written determination of the issues in dispute, based on the evidence presented. A copy thereof shall be served on the commission, on each of the other members of the arbitration panel, and on each of the parties to the dispute. That determination shall be final and binding upon both parties, subject to review by the superior court upon the application of either party within thirty days of its receipt solely upon the question of whether the decision of the panel was arbitrary or capricious.

NEW SECTION. Sec. 4. A new section is added to chapter 41.59 RCW to read as follows:

An interest arbitration panel created pursuant to section 3 of this act, in the performance of its duties under this chapter, exercises a state function and is, for the purposes of this chapter, a state agency. Chapter 34.05 RCW does not apply to proceedings before an interest arbitration panel under this chapter.

NEW SECTION. Sec. 5. A new section is added to chapter 41.59 RCW to read as follows:

During the pendency of the proceedings before the arbitration panel, existing wages, hours and other conditions of employment shall not be changed by action of either party without the consent of the other but a party may so consent without prejudice to his rights or position under sections 1 through 8 of this act.

NEW SECTION. Sec. 6. A new section is added to chapter 41.59 RCW to read as follows:

If the representative of either or both the educational employees and the employer refuse to submit to the procedures set forth in sections 2 and 3 of this act, the parties, or the commission on its own motion, may invoke the jurisdiction of the superior court for the county in which the labor dispute exists and such court shall have jurisdiction to issue an appropriate order. A failure to obey such order may be punished by the court as a contempt thereof. A decision of the arbitration panel shall be final and binding on the parties, and may be enforced at the instance of either party, the arbitration panel or the commission in the superior court for the county where the dispute arose.

NEW SECTION. Sec. 7. A new section is added to chapter 41.59 RCW to read as follows:

The right of educational employees to engage in any strike, work slowdown, or stoppage is not granted. Both parties to any dispute shall submit to the procedures set forth in sections 2 and 3 of this act without resort to a strike or lockout. An organization recognized as the bargaining representative that willfully disobeys a lawful order of enforcement by a superior court pursuant to section 6 of this act and this section, or willfully offers resistance to such 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 pursuant to section 6 of this act or willfully offers resistance to such order is in contempt of court as provided in chapter 7.21 RCW.

NEW SECTION. Sec. 8. A new section is added to chapter 41.59 RCW to read as follows:

(1) In making its determination, the arbitration panel shall be mindful of the legislative purpose enumerated in section 1 of this act and as additional standards or guidelines to aid it in reaching a decision, shall take into consideration the following factors:

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

(b) Stipulations of the parties;

(d) At-risk student populations or students with special needs;

(e) The financial capability of the school district;

(f) Changes in any of the foregoing circumstances during the pendency of the proceedings; and

(g) 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 this section shall be construed to prohibit an employer and an exclusive bargaining representative from agreeing to substitute, at their own expense, their own procedure for resolving impasses in collective bargaining for that provided in this section or from agreeing to utilize for the purposes of this section any other governmental or other agency or person in lieu of the commission.

NEW SECTION. Sec. 9. RCW 41.59.120 and 1975 1st ex.s. c 288 s 13 are each repealed.

NEW SECTION. Sec. 10. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."

2SHB 1316 - H AMD

By Representative Cole

On page 1, line 2 of the title, after "obligations;" strike the remainder of the title and insert "adding new sections to chapter 41.59 RCW; repealing RCW 41.59.120; and declaring an emergency."