2073.E AMS WEST CUTL 006

 

 

 

EHB 2073 - S AMD - 527

    By Senator West

 

                                                    PULLED 4/25/99

 

    On page 3, after line 32, insert the following:

 

    "Sec. 3. RCW 41.56.465 and 1995 c 273 ' 2 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:

    (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) through (d), 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)(e) through (h), 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;

    (d) The ((average consumer prices for goods and services, commonly known as the cost of living))percentage change in the implicit price deflator for personal consumption expenditures for the United States as published by the bureau of economic analysis of the federal department of commerce for the year preceding the year in which interest artibtration panel proceedings are initiated and as published or reported by the bureau during the pendency of the proceedings;

    (e) Changes in any of the circumstances under (a) through (d) of this subsection during the pendency of the proceedings; and

    (f) Such other factors, not confined to the factors under (a) through (e) of this 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)(a) 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. 4. RCW 41.56.492 and 1993 c 473 ' 1 are each amended 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 [decision]))decision, 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) The percentage change in the implicit price deflator for personal consumption expenditures for the United States as published by the bureau of economic analysis of the federal department of commerce for the year preceding the year in which interest artibtration panel proceedings are initiated and as published or reported by the bureau during the pendency of the proceedings.

    (e) 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."

 

EHB 2073 - S AMD - 527

    By Senator West

 

                                                    PULLED 4/25/99

 

    On page 1, on line 2 of the title, after "amending", insert "RCW 41.56.465, RCW 41.56.492"

 

                            --- END ---