BILL REQ. #: H-5547.2
| State of Washington | 60th Legislature | 2008 Regular Session |
READ FIRST TIME 02/12/08.
AN ACT Relating to collective bargaining for Washington State University employees who are enrolled in academic programs; adding a new section to chapter 41.56 RCW; creating new sections; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) 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.
(2) 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.
(3) 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.
(4) 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) Teaching assistant;
(b) Staff assistant;
(c) Project assistant;
(d) Veterinary assistant;
(e) Tutor, reader, and graders in all academic units and tutoring
centers;
(f) Except as provided in this subsection (1)(f), research
assistant. The employees that constitute an appropriate bargaining
unit under this subsection (1) do not include 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.
NEW SECTION. Sec. 4 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.