AN
ACT Relating to making payroll deductions for individual providers as defined
in RCW 74.39A.240(4); reenacting and amending RCW 41.56.030; and adding a new
section to chapter 41.56 RCW.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 41.56 RCW to read as follows:
(1)
Upon the written authorization of an individual provider within the bargaining
unit and after the certification or recognition of the bargaining unit's exclusive
bargaining representative, the state as payor, but not as the employer, shall,
subject to subsection (3) of this section, deduct from the payments to an
individual provider the monthly amount of dues as certified by the secretary of
the exclusive bargaining representative and shall transmit the same to the
treasurer of the exclusive bargaining representative.
(2)
If the home care quality authority and the exclusive bargaining representative
of a bargaining unit of individual providers enter into a collective bargaining
agreement that:
(a)
Includes a union security provision authorized in RCW 41.56.122, the state as
payor, but not as the employer, shall, subject to subsection (3) of this
section, enforce the agreement by deducting from the payments to bargaining
unit members the dues required for membership in the exclusive bargaining
representative, or, for nonmembers thereof, a fee equivalent to the dues; or
(b)
Includes requirements for deductions of payments other than the deduction under
(a) of this subsection, the state, as payor, but not as the employer, shall,
subject to subsection (3) of this section, make such deductions upon written
authorization of the individual provider.
(3)(a)
The initial additional costs to the state in making deductions from the
payments to individual providers under this section shall be negotiated, agreed
upon in advance, and reimbursed to the state by the exclusive bargaining
representative.
(b)
The allocation of ongoing additional costs to the state in making deductions
from the payments to individual providers under this section shall be an
appropriate subject of collective bargaining between the exclusive bargaining
representative and the home care quality authority unless prohibited by another
statute. If no collective bargaining agreement containing a provision
allocating the ongoing additional cost is entered into between the exclusive
bargaining representative and the home care quality authority, or if the
legislature does not approve funding for the collective bargaining agreement as
provided in RCW 74.39A.300, the ongoing additional costs to the state in making
deductions from the payments to individual providers under this section shall
be negotiated, agreed upon in advance, and reimbursed to the state by the
exclusive bargaining representative.
Sec.
2. RCW
41.56.030 and 2000 c 23 s 1 and 2000 c 19 s 1 are each reenacted and 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 as a member of
a multimember board, commission, or committee, whether appointed 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 (i) the executive head or body of the applicable bargaining
unit, or (ii) any person elected by popular vote, or (iii) any person appointed
to office pursuant to statute, ordinance or resolution for a specified term of
office as a member of a multimember board, commission, or committee, whether
appointed by the executive head or body of the public employer, or (d) who is a
court commissioner or a court magistrate of superior court, district court, or
a department of a district court organized under chapter 3.46 RCW, or (e) who
is a personal assistant to a district court judge, superior court judge, or
court commissioner, or (f) excluded from a bargaining unit under RCW
41.56.201(2)(a). For the purpose of (e) 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.
(5)
"Commission" means the public employment relations commission.
(6)
"Executive director" means the executive director of the commission.
(7)
"Uniformed personnel" means: (a) 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.
(9)
"Home care quality authority" means the authority under chapter
74.39A RCW.
(10)
"Individual provider" means an individual provider as defined in RCW
74.39A.240(4) who, solely for the purposes of collective bargaining, is
employed by the home care quality authority as provided in RCW 74.39A.270.
