AN
ACT Relating to Washington state patrol employment agreements; amending RCW
41.56.020, 41.56.030, and 41.56.475; and adding a new section to chapter 41.56
RCW.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
41.56.020 and 1994 c 297 s 1 are each amended to read as follows:
This
chapter shall apply to any county or municipal corporation, or any political
subdivision of the state of Washington, including district courts and superior
courts, except as otherwise provided by RCW 54.04.170, 54.04.180, and chapters
41.59, 47.64, and 53.18 RCW. ((The Washington state patrol shall be
considered a public employer of state patrol officers appointed under RCW
43.43.020. The Washington state bar association shall be considered a public
employer of its employees.))
Sec.
2. 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 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; (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.
NEW
SECTION. Sec. 3. A
new section is added to chapter 41.56 RCW to read as follows:
(1)
In addition to the entities listed in RCW 41.56.020, this chapter applies to
the Washington state patrol with respect to the officers of the Washington
state patrol appointed under RCW 43.43.020. Subjects of bargaining include
wage-related matters, except that the Washington state patrol is prohibited
from negotiating rates of pay or wage levels and any matters relating to
retirement benefits or health care benefits or other employee insurance
benefits.
(2)
Provisions pertaining to wage-related matters in a collective bargaining
agreement between the Washington state patrol and the Washington state patrol
officers that are entered into before the legislature approves the funds
necessary to implement the provisions must be conditioned upon the legislature's
subsequent approval of the funds.
Sec.
4. RCW
41.56.475 and 1993 c 351 s 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 and 41.56.470, 41.56.480, and 41.56.490 also
apply to Washington state patrol officers appointed under RCW 43.43.020 as
provided in this section, subject to the following:
(1)
The mediator ((shall not consider wages and wage-related matters)) or
arbitration panel may consider only matters that are subject to bargaining
under section 3 of this act.
(2)
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 decision, shall take into consideration the
following factors:
(a)
The constitutional and statutory authority of the employer;
(b)
Stipulations of the parties;
(c)
Comparison of the hours and conditions of employment of personnel involved in
the proceedings with the hours and conditions of employment of like personnel
of like employers of similar size on the west coast of the United States;
(d)
Changes in any of the foregoing circumstances during the pendency of the
proceedings; and
(e)
Such other factors, not confined to the foregoing, which are normally or
traditionally taken into consideration in the determination of ((hours and
conditions of employment)) matters that are subject to bargaining under
section 3 of this act.
