3127-S AMH NIXO MCLA 086
SHB 3127 - H AMD 744
By Representative Nixon
WITHDRAWN 2/14/2006
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 41.59
RCW to read as follows:
(1) It is unlawful for an employee or an employee organization,
directly or indirectly, to induce, instigate, encourage, authorize,
ratify, or participate in a strike.
(2) It is unlawful for an employer to authorize, consent to, or
condone a strike, to conduct a lockout, to pay or agree to pay an
employee for any day in which the employee participates in a
strike, or to pay or agree to pay any increase in compensation or
benefits to an employee in response to or as a result of a strike
or any act that violates subsection (1) of this section. It is
unlawful for any representative of the employer to authorize,
ratify, or participate in any violation of this subsection.
(3)(a) If a violation of subsection (1) or (2) of this section
occurs, or is imminently threatened, any citizen domiciled within
the jurisdictional boundaries of the state may petition the
superior court of the county in which the school district, or any
part thereof, is situated for an injunction restraining the
violation or imminently threatened violation. Rules of civil
procedure regarding injunctions apply to the action. However, the
court shall grant a temporary injunction if it appears to the court
that a violation has occurred or is imminently threatened; the
plaintiff need not show that the violation or threatened violation
would greatly or irreparably injure him or her. A bond may not be
required of the plaintiff unless the court determines that a bond
is necessary in the public interest.
(b) Failure to comply with any temporary or permanent
injunction granted under this subsection is contempt of court as
provided in chapter 7.21 RCW. The court may impose a penalty of up
to ten thousand dollars for an employee organization or the
employer, for each day during which the failure to comply
continues. The sanctions for an employee found to be in contempt
shall be as provided in chapter 7.21 RCW. An individual or an
employee organization that makes an active good faith effort to
comply fully with the injunction shall not be deemed to be in contempt.
(4) Nothing in this section prevents new or renewed bargaining
and agreement within the scope of bargaining, as defined by this
chapter, at any time. However, the parties may not agree to a
provision regarding suspension or modification of any court-ordered
penalty provided in this section and any such agreement is void.
(5) Each of the remedies and penalties provided by this section
is separate and several and is in addition to any other legal or
equitable remedy or penalty.
(6) In addition to the remedies and penalties provided by this
section, the successful litigant is entitled to recover costs and
reasonable attorneys' fees incurred in the litigation.
Sec. 2. RCW 41.59.020 and 1989 c 11 s 11 are each amended to
read as follows:
As used in this chapter:
(1) ((The term)) "Employee organization" means any
organization, union, association, agency, committee, council, or
group of any kind in which employees participate, and which exists
for the purpose, in whole or in part, of collective bargaining with
employers.
(2) ((The term)) "Collective bargaining" or "bargaining" means
the performance of the mutual obligation of the representatives of
the employer and the exclusive bargaining representative to meet at
reasonable times in light of the time limitations of the
budget-making process, and to bargain in good faith in an effort to
reach agreement with respect to the wages, hours, and terms and
conditions of employment: PROVIDED, That prior law, practice or
interpretation shall be neither restrictive, expansive, nor
determinative with respect to the scope of bargaining. A written
contract incorporating any agreements reached shall be executed if
requested by either party. The obligation to bargain does not
compel either party to agree to a proposal or to make a concession.
In the event of a dispute between an employer and an exclusive
bargaining representative over the matters that are terms and
conditions of employment, the commission shall decide which item(s)
are mandatory subjects for bargaining and which item(s) are nonmandatory.
(3) ((The term)) "Commission" means the public employment
relations commission established by RCW 41.58.010.
(4) ((The terms)) "Employee" and "educational employee" means
any certificated employee of a school district, except:
(a) The chief executive officer of the employer.
(b) The chief administrative officers of the employer, which
shall mean the superintendent of the district, deputy
superintendents, administrative assistants to the superintendent,
assistant superintendents, and business manager. Title variation
from all positions enumerated in this subsection (4)(b) may be
appealed to the commission for determination of inclusion in, or
exclusion from, the term "educational employee".
(c) Confidential employees, which shall mean:
(i) Any person who participates directly on behalf of an
employer in the formulation of labor relations policy, the
preparation for or conduct of collective bargaining, or the
administration of collective bargaining agreements, except that the
role of such person is not merely routine or clerical in nature but
calls for the consistent exercise of independent judgment; and
(ii) Any person who assists and acts in a confidential capacity
to such person.
(d) Unless included within a bargaining unit pursuant to RCW
41.59.080, any supervisor, which means any employee having
authority, in the interest of an employer, to hire, assign,
promote, transfer, layoff, recall, suspend, discipline, or
discharge other employees, or to adjust their grievances, or to
recommend effectively such action, if in connection with the
foregoing the exercise of such authority is not merely routine or
clerical in nature but calls for the consistent exercise of
independent judgment, and shall not include any persons solely by
reason of their membership on a faculty tenure or other governance
committee or body. The term "supervisor" shall include only those
employees who perform a preponderance of the above-specified acts
of authority.
(e) Unless included within a bargaining unit pursuant to RCW
41.59.080, principals and assistant principals in school districts.
(5) ((The term)) "Employer" means any school district.
(6) ((The term)) "Exclusive bargaining representative" means
any employee organization which has:
(a) Been selected or designated pursuant to the provisions of
this chapter as the representative of the employees in an
appropriate collective bargaining unit; or
(b) Prior to January 1, 1976, been recognized under a
predecessor statute as the representative of the employees in an
appropriate collective bargaining or negotiations unit.
(7) ((The term)) "Person" means one or more individuals,
organizations, unions, associations, partnerships, corporations,
boards, committees, commissions, agencies, or other entities, or
their representatives.
(8) ((The term)) "Nonsupervisory employee" means all
educational employees other than principals, assistant principals
and supervisors.
(9) "Labor dispute" means a controversy concerning terms or
conditions of employment, or concerning the association or
representation of persons in negotiating, fixing, maintaining,
changing, or seeking to arrange terms or conditions of their public
employment, regardless of whether the disputants in the controversy
stand in the proximate relation of employer and employee.
(10) "Lockout" means the refusal of the employer, in connection
with a labor dispute, to permit its employees to commence or
continue the full performance of their normal duties and services
as employees.
(11) "Strike" means any concerted action by employees or
employee organizations, in connection with a labor dispute, to
suspend, curtail, interrupt, withhold, or otherwise fail or refuse
to perform fully their normal duties or services as employees."
Correct the title.
EFFECT: Replaces all provisions of the substitute bill with a prohibition on strikes by educational employees or condoning or consenting to a strike or a lockout by an educational employer.