HOUSE BILL REPORT
HB 1188
As Reported by House Committee On:
Commerce & Labor
Appropriations
Title: An act relating to negotiating state patrol officer wages and wage-related matters.
Brief Description: Negotiating state patrol officer wages and wage-related matters.
Sponsors: Representatives Murray, Woods, Conway, O'Brien, Ericks, Condotta, Wood, Simpson, Campbell, P. Sullivan, Lovick, Williams, Chase, Hinkle and Ormsby.
Brief History:
Commerce & Labor: 1/24/05 [DPS];
Appropriations: 2/16/05, 2/24/05 [DP2S(w/o sub CL)].
Brief Summary of Second Substitute Bill |
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HOUSE COMMITTEE ON COMMERCE & LABOR
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 7 members: Representatives Conway, Chair; Wood, Vice Chair; Condotta, Ranking Minority Member; Crouse, Hudgins, McCoy and Sump.
Staff: Chris Cordes (786-7103).
Background:
Employees of cities, counties, and other political subdivisions of the state bargain their wages
and working conditions under the Public Employees' Collective Bargaining Act (PECBA).
The Washington State Patrol is also subject to the PECBA as the public employer of its
appointed officers.
Under the PECBA, the employer and exclusive bargaining representative have a mutual
obligation to negotiate in good faith over specified mandatory subjects of bargaining:
grievance procedures and personnel matters, including wages, hours, and working conditions.
With respect to negotiations between the Washington State Patrol and its appointed officers,
the subjects of bargaining include wage-related matters, but negotiations are prohibited over
rates of pay, wage levels, or matters relating to retirement benefits, health care, or other
employee insurance benefits. If wage-related provisions are entered into before the
Legislature approves the necessary funding, then these provisions must be conditioned on
subsequent approval of the funds.
State Patrol officers and certain other law enforcement officers and fire fighters are
considered "uniformed personnel." To resolve bargaining disputes involving these uniformed
personnel, the PECBA requires binding interest arbitration if negotiations for a contract reach
impasse and cannot be resolved through mediation.
Summary of Substitute Bill:
For the officers of the Washington State Patrol, subjects of bargaining include all wage and
wage-related matters. However, negotiations over retirement benefits, health care, or other
employee insurance benefits continue to be prohibited.
For the purpose of bargaining with state patrol officers, the state is the employer. When
negotiating:
When negotiating wages and wage-related matters, the Governor's designee must consult
with a subcommittee of the Joint Employment Relations Committee (JCER). This
subcommittee will consist of the JCER leadership members and the chairs and ranking
minority members of the Senate Transportation Committee and the House Transportation
Committee.
If an impasse in negotiations results in an arbitration award, that decision is not binding on
the Legislature. If the Legislature does not approve the funds necessary to implement the
wage and wage-related matters of an arbitrated collective bargaining agreement, the
arbitration decision is not binding on the state or the Washington State Patrol.
Substitute Bill Compared to Original Bill:
The substitute bill corrects the reference to the name of the Senate Transportation Committee.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date of Substitute Bill: The bill contains an emergency clause and takes effect on July 1, 2005.
Testimony For: The state patrol troopers have been collectively bargaining for over 20 years, but this bargaining has not included full bargaining over wage issues. In 2002, the troopers were not included in the new wage bargaining law for state employees. This leaves the troopers as one of a few groups of state employees that do not have the right to bargain over wages. The agency supports these bargaining rights, although the bifurcated bargaining required by the bill may add some additional costs.
Testimony Against: None.
Persons Testifying: Rick Jensen and Bob Thurston, Washington State Patrol Troopers Association; and Jeff DeVere, Washington State Patrol.
HOUSE COMMITTEE ON APPROPRIATIONS
Majority Report: The second substitute bill be substituted therefor and the second substitute bill do pass and do not pass the substitute bill by Committee on Commerce & Labor. Signed by 26 members: Representatives Sommers, Chair; Fromhold, Vice Chair; Alexander, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; McDonald, Assistant Ranking Minority Member; Bailey, Buri, Clements, Cody, Conway, Darneille, Dunshee, Grant, Haigh, Hinkle, Hunter, Kessler, Linville, McDermott, McIntire, Miloscia, Pearson, Priest, Schual-Berke, Talcott and Walsh.
Staff: David Pringle (786-7310).
Summary of Recommendation of Committee On Appropriations Compared to
Recommendation of Committee On Commerce & Labor:
The Appropriations Committee recommended that the governor or the governor's designee
negotiate wage, wage-related, and nonwage-related matters, rather than continue to have the
Chief of the Washington State Patrol bargain nonwage-related matters.
Appropriation: None.
Fiscal Note: Available.
Effective Date of Second Substitute Bill: The bill contains an emergency clause and takes effect July 1, 2005.
Testimony For: This passed the House unanimously last year. There are very few police agencies in the state that do not bargain wages. The governor's office prefers that all bargaining be done with one agency. This is an equity issue - there are no other large groups of state employees that can't bargain now. This is the most important legislation to the Troopers before the Legislature this year. We would add bargaining both wages and nonwage matters to the Chief's powers.
Testimony Against: None.
Persons Testifying: Rick Jensen and Bob Thurston, Washington State Patrol Troopers Association; and Chief John Batiste and Captain Fred Fakkema, Washington State Patrol.