AN
ACT Relating to collective bargaining for University of Washington employees
who are enrolled in academic programs; adding a new section to chapter 41.56
RCW; creating a new section; and declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. (1)
This act is intended to promote cooperative labor relations between the
University of Washington and the employees who provide instructional, research,
and related academic services, and who are enrolled as students at the
university by extending collective bargaining rights under chapter 41.56 RCW
and using the orderly procedures administered by the public employment
relations commission. To achieve this end, the legislature intends that under
chapter 41.56 RCW the university will exclusively bargain in good faith over
all matters within the scope of bargaining under section 2 of this act.
(2)
The legislature recognizes the importance of the shared governance practices
developed at the University of Washington. The legislature does not intend to
restrict, limit, or prohibit the exercise of the functions of the faculty in
any shared governance mechanisms or practices, including the faculty senate,
faculty councils, and faculty codes of the University of Washington; nor does
the legislature intend to restrict, limit, or prohibit the exercise of the
functions of the graduate and professional student senate, the associated
students of the University of Washington, or any other student organization in
matters outside the scope of bargaining covered by chapter 41.56 RCW.
(3)
The legislature intends that nothing in this act will restrict, limit, or
prohibit the University of Washington from consideration of the merits,
necessity, or organization of any program, activity, or service established by
the University of Washington, including, but not limited to, any decision to
establish, modify, or discontinue any such program, activity, or service. The
legislature further intends that nothing in this act will restrict, limit, or
prohibit the University of Washington from having sole discretion over
admission requirements for students, criterion for the award of certificates
and degrees to students, academic criterion for selection of employees covered
by this chapter, initial appointment of students, and the content, conduct, and
supervision of courses, curricula, grading requirements, and research programs.
(4)
The legislature does not intend to limit the matters excluded from collective
bargaining to those items specified in this act.
NEW
SECTION. Sec. 2. 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 University of Washington with respect to employees who are enrolled in an
academic program and are in a classification in (a) through (i) of this
subsection on any University of Washington campus. The employees in (a)
through (i) of this subsection constitute an appropriate bargaining unit:
(a)
Predoctoral instructor;
(b)
Predoctoral lecturer;
(c)
Predoctoral teaching assistant;
(d)
Predoctoral teaching associates I and II;
(e)
Tutors, readers, and graders in all academic units and tutoring centers;
(f)
Predoctoral staff assistant;
(g)
Predoctoral staff associates I and II;
(h)
Except as provided in this subsection (1)(h), predoctoral researcher,
predoctoral research assistant, and predoctoral research associates I and II.
The employees that constitute an appropriate bargaining unit under this
subsection (1) do not include predoctoral researchers, predoctoral research
assistants, and predoctoral research associates I and II who are performing
research primarily related to their dissertation and who have incidental or no
service expectations placed upon them by the university; and
(i)
All employees enrolled in an academic program whose duties and responsibilities
are substantially equivalent to those employees in (a) through (h) of this
subsection.
(2)(a)
The scope of bargaining for employees at the University of Washington under
this section excludes:
(i)
The ability to terminate the employment of any individual if the individual is
not meeting academic requirements as determined by the University of
Washington;
(ii)
The amount of tuition or fees at the University of Washington. However,
tuition and fee remission and waiver is within the scope of bargaining;
(iii)
The academic calendar of the University of Washington; and
(iv)
The number of students to be admitted to a particular class or class section at
the University of Washington.
(b)(i)
Except as provided in (b)(ii) of this subsection, provisions of collective
bargaining agreements relating to compensation must not exceed the amount or
percentage established by the legislature in the appropriations act. If any
compensation provision is affected by subsequent modification of the
appropriations act by the legislature, both parties must immediately enter into
collective bargaining for the sole purpose of arriving at a mutually agreed
upon replacement for the affected provision.
(ii)
The University of Washington may provide additional compensation to student
employees covered by this section that exceeds that provided by the
legislature.
NEW
SECTION. Sec. 3. 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 takes effect immediately.
