H-0290.1 _______________________________________________
HOUSE BILL 1358
_______________________________________________
State of Washington 56th Legislature 1999 Regular Session
By Representatives Delvin, Cooper, Cairnes and Linville
Read first time 01/22/1999. Referred to Committee on Local Government.
AN ACT Relating to expanding the definition of uniformed personnel under the public employees' collective bargaining law to include additional correctional employees; and amending RCW 41.56.030.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 41.56.030 and 1995 c 273 s 1 are each 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)
"Uniformed personnel" means: (a)(i) Until July 1, 1997, 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) beginning on July 1, 1997,
law enforcement officers as defined in RCW 41.26.030 employed by the governing
body of any city or town with a population of two thousand five hundred or more
and law enforcement officers employed by the governing body of any county with
a population of ten thousand or more; (b) 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 or city
with a population of ((seventy)) two thousand four hundred
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; (c) 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; (d) security forces established under RCW
43.52.520; (e) fire fighters as that term is defined in RCW 41.26.030; (f)
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; (g)
employees of fire departments of public employers who dispatch exclusively
either fire or emergency medical services, or both; or (h) 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.
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