SHB 2963 -
By Committee on Labor, Commerce, Research & Development
ADOPTED 03/04/2008
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 (1) The legislature acknowledges the
ability of student employees who provide instructional, research, and
related academic services at the University of Washington to
collectively bargain and recognizes that student employees performing
equivalent services at Washington State University do not enjoy
collective bargaining rights. The legislature further recognizes that
while the titles of the student employees may differ between the two
institutions, student employees at Washington State University should
enjoy the same collective bargaining rights as their counterparts at
the University of Washington. The legislature therefore intends to
grant bargaining rights to student employees at Washington State
University to the same extent such rights are granted to student
employees at the University of Washington.
(2) This act is intended to promote cooperative labor relations
between Washington State University 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.
(3) The legislature recognizes the importance of the shared
governance practices developed at Washington State University. 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 Washington State University; nor does
the legislature intend to restrict, limit, or prohibit the exercise of
the functions of the graduate and professional student association, the
associated students of Washington State University, or any other
student organization in matters outside the scope of bargaining covered
by chapter 41.56 RCW.
(4) The legislature intends that nothing in this act will restrict,
limit, or prohibit Washington State University from consideration of
the merits, necessity, or organization of any program, activity, or
service established by Washington State University, 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 Washington State
University 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
act, initial appointment of students, and the content, conduct, and
supervision of courses, curricula, grading requirements, and research
programs.
(5) The legislature does not intend to limit the matters excluded
from collective bargaining to those items specified in section 2 of
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 Washington State University with respect to
employees who are enrolled in an academic program and are in a
classification in (a) through (g) of this subsection on any Washington
State University campus. The employees in (a) through (g) of this
subsection constitute an appropriate bargaining unit:
(a) Graduate teaching assistant;
(b) Graduate staff assistant;
(c) Graduate project assistant;
(d) Graduate veterinary assistant;
(e) Tutor, reader, and graders in all academic units and tutoring
centers;
(f) Except as provided in this subsection (1)(f), graduate research
assistant. The employees that constitute an appropriate bargaining
unit under this subsection (1) do not include graduate research
assistants who are performing research primarily related to their
dissertation and who have incidental or no service expectations placed
upon them by the university; and
(g) All employees enrolled in an academic program whose duties and
responsibilities are substantially equivalent to those employees in (a)
through (f) of this subsection.
(2)(a) The scope of bargaining for employees at Washington State
University 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
Washington State University;
(ii) The amount of tuition or fees at Washington State University.
However, tuition and fee remission and waiver is within the scope of
bargaining;
(iii) The academic calendar of Washington State University; and
(iv) The number of students to be admitted to a particular class or
class section at Washington State University.
(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) Washington State University may provide additional
compensation to student employees covered by this section that exceeds
that provided by the legislature.
NEW SECTION. Sec. 3 If specific funding for the purposes of this
act, referencing this act by bill or chapter number, is not provided by
June 30, 2008, in the omnibus appropriations act, this act is null and
void."
SHB 2963 -
By Committee on Labor, Commerce, Research & Development
ADOPTED 03/04/2008
On page 1, line 2 of the title, after "programs;" strike the remainder of the title and insert "adding a new section to chapter 41.56 RCW; and creating new sections."