BILL REQ. #: H-1445.1
State of Washington | 60th Legislature | 2007 Regular Session |
Read first time 01/31/2007. Referred to Committee on Commerce & Labor.
AN ACT Relating to interest arbitration regarding certain care providers; and amending RCW 41.56.028 and 41.56.026.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 41.56.028 and 2006 c 54 s 1 are each amended to read
as follows:
(1) In addition to the entities listed in RCW 41.56.020, this
chapter applies to the governor with respect to family child care
providers. Solely for the purposes of collective bargaining and as
expressly limited under subsections (2) and (3) of this section, the
governor is the public employer of family child care providers who,
solely for the purposes of collective bargaining, are public employees.
The public employer shall be represented for bargaining purposes by the
governor or the governor's designee appointed under chapter 41.80 RCW.
(2) This chapter governs the collective bargaining relationship
between the governor and family child care providers, except as
follows:
(a) A statewide unit of all family child care providers is the only
unit appropriate for purposes of collective bargaining under RCW
41.56.060.
(b) The exclusive bargaining representative of family child care
providers in the unit specified in (a) of this subsection shall be the
representative chosen in an election conducted pursuant to RCW
41.56.070, except that in the initial election conducted under chapter
54, Laws of 2006, if more than one labor organization is on the ballot
and none of the choices receives a majority of the votes cast, a
run-off election shall be held.
(c) Notwithstanding the definition of "collective bargaining" in
RCW 41.56.030(4), the scope of collective bargaining for child care
providers under this section shall be limited solely to: (i) Economic
compensation, such as manner and rate of subsidy and reimbursement,
including tiered reimbursements; (ii) health and welfare benefits;
(iii) professional development and training; (iv) labor-management
committees; (v) grievance procedures; and (vi) other economic matters.
Retirement benefits shall not be subject to collective bargaining. 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.
(d) The mediation and interest arbitration provisions of RCW
41.56.430 through 41.56.470 and 41.56.480 apply((, except that:)). In
making a decision, the interest arbitration panel shall consider the
following factors:
(i) A comparison of child care provider subsidy rates and
reimbursement programs by public entities, including counties and
municipalities, along the west coast of the United States;
(ii) The public's interest in reducing turnover and increasing
retention of child care employees;
(iii) The state's interest in promoting a stable child care
workforce to provide quality and reliable care throughout the state;
and
(iv) For employees exempt from licensing under chapter 74.15 RCW,
the state's fiscal interest in reducing reliance upon public benefit
programs including but not limited to medical coupons, food stamps,
subsidized housing, and emergency medical services.
(e) The mediation and interest arbitration provisions of RCW
41.56.430 through 41.56.470 and 41.56.480 do not apply to the
following:
(i) With respect to commencement of negotiations between the
governor and the exclusive bargaining representative of family child
care providers, negotiations shall be commenced initially upon
certification of an exclusive bargaining representative under (a) of
this subsection and, thereafter, by February 1st of any even-numbered
year;
(ii) In addition to the factors to be taken into consideration by
an interest arbitration panel under RCW 41.56.465, the panel shall
consider the financial ability of the state to pay for the compensation
and benefit provisions of a collective bargaining agreement; and
(iii) The decision of the arbitration panel is not binding on the
legislature and, if the legislature does not approve the request for
funds necessary to implement the compensation and benefit provisions of
the arbitrated collective bargaining agreement, is not binding on the
state.
(((e))) (f) Family child care providers do not have the right to
strike.
(3) Family child care providers who are public employees solely for
the purposes of collective bargaining under subsection (1) of this
section are not, for that reason, employees of the state for any
purpose. This section applies only to the governance of the collective
bargaining relationship between the employer and family child care
providers as provided in subsections (1) and (2) of this section.
(4) This section does not create or modify:
(a) The parents' or legal guardians' right to choose and terminate
the services of any family child care provider that provides care for
their child or children;
(b) The secretary of the department of social and health services'
right to adopt requirements under RCW 74.15.030, except for
requirements related to grievance procedures and collective
negotiations on personnel matters as specified in subsection (2)(c) of
this section;
(c) Chapter 26.44 RCW, RCW 43.43.832, 43.20A.205, and 74.15.130;
and
(d) The legislature's right to make programmatic modifications to
the delivery of state services through child care subsidy programs,
including standards of eligibility of parents, legal guardians, and
family child care providers participating in child care subsidy
programs, and the nature of services provided. The governor shall not
enter into, extend, or renew any agreement under this section that does
not expressly reserve the legislative rights described in this
subsection (4)(d).
(5) Upon meeting the requirements of subsection (6) of this
section, the governor must submit, as a part of the proposed biennial
or supplemental operating budget submitted to the legislature under RCW
43.88.030, a request for funds necessary to implement the compensation
and benefit provisions of a collective bargaining agreement entered
into under this section or for legislation necessary to implement such
agreement.
(6) A request for funds necessary to implement the compensation and
benefit provisions of a collective bargaining agreement entered into
under this section shall not be submitted by the governor to the
legislature unless such request has been:
(a) Submitted to the director of financial management by October
1st before the legislative session at which the request is to be
considered, except that, for initial negotiations under this section,
the request must be submitted by November 15, 2006; and
(b) Certified by the director of financial management as being
feasible financially for the state or reflects the binding decision of
an arbitration panel reached under this section.
(7) The legislature must approve or reject the submission of the
request for funds as a whole. If the legislature rejects or fails to
act on the submission, any such agreement will be reopened solely for
the purpose of renegotiating the funds necessary to implement the
agreement.
(8) The governor shall periodically consult with the joint
committee on employment relations established by RCW 41.80.010
regarding appropriations necessary to implement the compensation and
benefit provisions of any collective bargaining agreement and, upon
completion of negotiations, advise the committee on the elements of the
agreement and on any legislation necessary to implement such agreement.
(9) After the expiration date of any collective bargaining
agreement entered into under this section, all of the terms and
conditions specified in any such agreement remain in effect until the
effective date of a subsequent agreement, not to exceed one year from
the expiration date stated in the agreement, except as provided in
subsection (4)(d) of this section.
(10) If, after the compensation and benefit provisions of an
agreement are approved by the legislature, a significant revenue
shortfall occurs resulting in reduced appropriations, as declared by
proclamation of the governor or by resolution of the legislature, both
parties shall immediately enter into collective bargaining for a
mutually agreed upon modification of the agreement.
(11) In enacting this section, the legislature intends to provide
state action immunity under federal and state antitrust laws for the
joint activities of family child care providers and their exclusive
bargaining representative to the extent such activities are authorized
by this chapter.
Sec. 2 RCW 41.56.026 and 2002 c 3 s 12 are each amended to read
as follows:
(1) In addition to the entities listed in RCW 41.56.020, this
chapter applies to individual providers under RCW 74.39A.270 and
74.39A.300.
(2) The mediation and interest arbitration provisions of RCW
41.56.430 through 41.56.470 and 41.56.480 apply to the entities and
providers in subsection (1) of this section. In making a decision, the
interest arbitration panel shall consider the following factors:
(a) A comparison of the wages, hours, and conditions of employment
of public sector personnel and publicly reimbursed personnel, including
publicly reimbursed personnel employed by homecare agencies, nursing
homes, institutions for the developmentally disabled, and other
publicly reimbursed providers of long-term care providing similar
services to similar clients or served populations in the state;
(b) The public's interest in reducing turnover and increasing
retention of homecare employees;
(c) The state's interest in promoting a stable long-term care
workforce to provide quality and reliable care to vulnerable elderly
and disabled recipients;
(d) The state's fiscal interest in reducing reliance upon public
benefit programs including but not limited to medical coupons, food
stamps, subsidized housing, and emergency medical services; and
(e) The state's interest in ensuring access to affordable, quality
health care for all state citizens.