BILL REQ. #:  S-3469.3 

Read first time 01/21/2004.   Referred to Committee on Commerce & Trade.

     AN ACT Relating to labor disputes involving teachers and other certificated instructional staff; amending RCW 28A.400.200; adding new sections to chapter 41.59 RCW; prescribing penalties; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The intent and purpose of sections 1 through 8 of this act are to recognize that there exists a public policy in the state of Washington against strikes by teachers and other certificated instructional staff as a means of settling their labor disputes; that the uninterrupted and dedicated service of these educational employees is vital to the welfare and education of the children of the state of Washington; that to promote such dedicated and uninterrupted public service there should exist an effective and adequate alternative means of settling disputes.

NEW SECTION.  Sec. 2   (1) If an agreement has not been reached on a new employment contract following a reasonable period of negotiations and mediation, but in no event later than July 15th of any year in which the previous employment contract will expire, an interest arbitration panel shall be created to resolve the dispute.
     (2) By July 15th, each party shall name one person to serve as its arbitrator on the arbitration panel. The two members so appointed shall meet within three days following the appointment of the later appointed member to attempt to choose a third member to act as the neutral chairman of the arbitration panel. Upon the failure of the arbitrators to select a neutral chairman within three days, the two appointed members shall use one of the two following options in the appointment of the third member, who shall act as chairman of the panel: (a) By mutual consent, the two appointed members may jointly request the commission, and the commission shall appoint a third member within two days of such request. Costs of each party's appointee shall be borne by each party respectively; other costs of the arbitration proceedings shall be borne by the commission; or (b) either party may apply to the commission, the federal mediation and conciliation service, or the American Arbitration Association to provide a list of five qualified arbitrators from which the neutral chairman shall be chosen. Each party shall pay the fees and expenses of its arbitrator, and the fees and expenses of the neutral chairman shall be shared equally between the parties.
     (3) The issues for determination by the arbitration panel shall be limited to the issues certified by the executive director of the commission.
     (4) The members of the arbitration panel shall be determined by July 22nd. Once the members of the arbitration panel are determined, the panel shall promptly establish a date, time, and place for a hearing and shall provide reasonable notice thereof to the parties to the dispute.
     (5) The hearing shall take place by August 1st. The hearing shall be informal, and each party shall have the opportunity to present evidence and make argument. No member of the arbitration panel may present the case for a party to the proceedings. The rules of evidence prevailing in judicial proceedings may be considered, but are not binding. Any oral testimony or documentary evidence or other data deemed relevant by the chairman of the arbitration panel may be received in evidence. The proceedings shall be recorded.
     (6) The arbitration panel has the power to administer oaths, require the attendance of witnesses, and require the production of such books, papers, contracts, agreements, and documents as may be deemed by the panel to be material to a just determination of the issues in dispute. If any person refuses to obey a subpoena issued by the arbitration panel, or refuses to be sworn or to make an affirmation to testify, or any witness, party, or attorney for a party is guilty of any contempt while in attendance at any hearing held hereunder, the arbitration panel may invoke the jurisdiction of the superior court in the county where the labor dispute exists, and the court has jurisdiction to issue an appropriate order. Any failure to obey the order may be punished by the court as a contempt.
     (7) The hearing conducted by the arbitration panel shall be concluded by August 8th.
     (8) The neutral chairman shall consult with the other members of the arbitration panel, and, by August 15th, the neutral chairman shall make written findings of fact and a written determination of the issues in dispute, based on the evidence presented.
     (9) A copy of the written findings of fact and a determination of the dispute shall be served on the commission, on each of the other members of the arbitration panel, and on each of the parties to the dispute.
     (10) The parties shall meet to confer on the arbitration chairman's written findings of fact and determination. The parties may voluntarily take either of the following actions:
     (a) Mutually agree to accept the arbitrator's dispute settlement determination; or
     (b) Mutually agree upon their own dispute settlement agreement to end the dispute, which can be different from the arbitration chairman's determination.
     (11) If, by August 30th, the parties do not voluntarily agree to a settlement that will end the dispute then on August 31st the arbitration chairman's written determination shall be final and binding upon both parties.
     (12) The arbitration chairman's final and binding written determination shall be subject to review by the superior court upon the application of either party to the dispute by September 7th solely upon the question of whether the decision of the panel was arbitrary or capricious.

NEW SECTION.  Sec. 3   An interest arbitration panel created pursuant to section 2 of this act, in the performance of its duties under sections 1 through 8 of this act, exercises a state function and is, for the purposes of sections 1 through 8 of this act, a state agency. Chapter 34.05 RCW does not apply to proceedings before an interest arbitration panel under sections 1 through 8 of this act.

NEW SECTION.  Sec. 4   (1) In making its determination, the arbitration panel shall be mindful of the legislative purpose enumerated in section 1 of this act 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) 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 within the state of Washington;
     (d) The availability of fiscal resources and financial capability of the school district;
     (e) The academic achievement level of students in the district;
     (f) Changes in any of the circumstances under (a) through (e) of this subsection during the pendency of the proceedings; and
     (g) Such other factors, not confined to the factors under (a) through (f) of this subsection, that are normally or traditionally taken into consideration in the determination of wages, hours, and conditions of employment.
     (2) The arbitration panel is bound by the statutory limitations for salaries and compensation provided in RCW 28A.400.200 and 41.59.930.

NEW SECTION.  Sec. 5   During the pendency of the proceedings before the arbitration panel, existing wages, hours, and other conditions of employment shall not be changed by action of either party without the consent of the other but a party may so consent without prejudice to his or her rights or position under sections 1 through 8 of this act.

NEW SECTION.  Sec. 6   If the representative of either or both the teachers and other certificated instructional staff and the school district refuse to submit to the mediation and arbitration procedures set forth in this chapter, the parties, or the commission on its own motion, may invoke the jurisdiction of the superior court for the county in which the labor dispute exists and such court shall have jurisdiction to issue an appropriate order. A failure to obey such order may be punished by the court as a contempt thereof. A decision of the arbitration panel shall be final and binding on the parties, and may be enforced at the instance of either party, the arbitration panel or the commission in the superior court for the county where the dispute arose.

NEW SECTION.  Sec. 7   The right of teachers and other certificated instructional staff to engage in any strike, concerted work slowdown or stoppage, or other concerted interruption of operations is not granted. An organization recognized as the bargaining representative of teachers and other certificated instructional staff subject to sections 1 through 8 of this act that willfully disobeys a lawful order of enforcement by a superior court pursuant to section 6 of this act and this section, or willfully offers resistance to such order, whether by strike or otherwise, is in contempt of court as provided in chapter 7.21 RCW. An employer that willfully disobeys a lawful order of enforcement by a superior court pursuant to section 6 of this act or willfully offers resistance to such order is in contempt of court as provided in chapter 7.21 RCW.

NEW SECTION.  Sec. 8    Nothing in sections 1 through 8 of this act may be construed to require the state to pay, directly or indirectly, any increased salary or compensation resulting from the determination of the arbitration.

Sec. 9   RCW 28A.400.200 and 2002 c 353 s 2 are each amended to read as follows:
     (1) Every school district board of directors shall fix, alter, allow, and order paid salaries and compensation for all district employees in conformance with this section and sections 1 through 8 of this act.
     (2)(a) Salaries for certificated instructional staff shall not be less than the salary provided in the appropriations act in the statewide salary allocation schedule for an employee with a baccalaureate degree and zero years of service; and
     (b) Salaries for certificated instructional staff with a masters degree shall not be less than the salary provided in the appropriations act in the statewide salary allocation schedule for an employee with a masters degree and zero years of service;
     (3)(a) The actual average salary paid to certificated instructional staff shall not exceed the district's average certificated instructional staff salary used for the state basic education allocations for that school year as determined pursuant to RCW 28A.150.410.
     (b) Fringe benefit contributions for certificated instructional staff shall be included as salary under (a) of this subsection only to the extent that the district's actual average benefit contribution exceeds the amount of the insurance benefits allocation provided per certificated instructional staff unit in the state operating appropriations act in effect at the time the compensation is payable. For purposes of this section, fringe benefits shall not include payment for unused leave for illness or injury under RCW 28A.400.210; employer contributions for old age survivors insurance, workers' compensation, unemployment compensation, and retirement benefits under the Washington state retirement system; or employer contributions for health benefits in excess of the insurance benefits allocation provided per certificated instructional staff unit in the state operating appropriations act in effect at the time the compensation is payable. A school district may not use state funds to provide employer contributions for such excess health benefits.
     (c) Salary and benefits for certificated instructional staff in programs other than basic education shall be consistent with the salary and benefits paid to certificated instructional staff in the basic education program.
     (4) Salaries and benefits for certificated instructional staff may exceed the limitations in subsection (3) of this section only by separate contract for additional time, additional responsibilities, or incentives. Supplemental contracts shall not cause the state to incur any present or future funding obligation. Supplemental contracts shall be subject to the collective bargaining provisions of chapter 41.59 RCW and the provisions of RCW 28A.405.240, shall not exceed one year, and if not renewed shall not constitute adverse change in accordance with RCW 28A.405.300 through 28A.405.380. No district may enter into a supplemental contract under this subsection for the provision of services which are a part of the basic education program required by Article IX, section 3 of the state Constitution.
     (5) Employee benefit plans offered by any district shall comply with RCW 28A.400.350 and 28A.400.275 and 28A.400.280.

NEW SECTION.  Sec. 10   The provisions of sections 1 through 8 of this act are intended to be additional to other remedies and shall be liberally construed to accomplish their purpose. If any provision of sections 1 through 8 of this act conflicts with any other statute, rule, or policy of any school district, the provisions of sections 1 through 8 of this act shall control.

NEW SECTION.  Sec. 11   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 12   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.

NEW SECTION.  Sec. 13   Sections 1 through 8 and 10 of this act are each added to chapter 41.59 RCW.