BILL REQ. #:  S-0570.3 

Read first time 02/08/2007.   Referred to Committee on Labor, Commerce, Research & Development.

     AN ACT Relating to making the governor the public employer of adult family home providers; amending RCW 41.04.810, 41.56.113, and 43.01.047; adding a new section to chapter 41.56 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   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 the governor with respect to adult family home 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 adult family home providers as defined in RCW 70.128.010, 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.
     (2) There shall be collective bargaining, as defined in RCW 41.56.030, between the governor and adult family home providers, except as follows:
     (a) A statewide unit of all adult family home providers is the only unit appropriate for purposes of collective bargaining under RCW 41.56.060;
     (b) The state shall recognize the exclusive bargaining representative of adult family home providers in the unit specified in (a) of this subsection, upon verification that a majority of providers have designated an exclusive representative. The certification of majority status shall be conducted by the commission.
     (i) The commission shall grant a prospective representative intervener status if that organization submits authorization cards from a majority of providers in the unit within five days of the initial request for recognition.
     (ii) In the event that two or more prospective representatives have valid authorization cards from the same individual within the unit, the commission shall add the cards to both organizations' total number of authorization cards.
     (c) Notwithstanding the definition of "collective bargaining" in RCW 41.56.030(4), the scope of collective bargaining for adult family home providers under this section includes, but is not limited to: (i) Economic compensation, such as manner and rate of reimbursement, including tiered reimbursements; (ii) benefits, including but not limited to health and welfare upgrading; (iii) expanded options for training beyond certification requirements; (iv) provider safety and liability, including but not limited to liability insurance; (v) terms and conditions of the current contract; (vi) comprehensive assessment reporting evaluation assessment procedures; (vii) grievance procedures; and (viii) any other matter that would affect the provision of services in adult family homes or the livelihood of the providers. A party may not be compelled to agree to a proposal or be required to make a concession unless otherwise provided in this chapter.
     (d) In addition to the entities listed in the mediation and interest arbitration provisions of RCW 41.56.430 through 41.56.470 and 41.56.480, the provisions apply to the governor or the governor's designee and the exclusive bargaining representative of adult family home providers, except that:
     (i) 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.
     (ii) 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, the decision is not binding on the state.
     (3) Adult family home 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 other purpose. This section applies only to the governance of the collective bargaining relationship between the employer and adult family home providers as provided in subsections (1) and (2) of this section.
     (4) This section does not create or modify:
     (a) The residents', parents', or legal guardians' right to choose and terminate the services of any licensed adult family home provider; and
     (b) RCW 43.43.832, 43.20A.205, or 74.15.130.
     (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 the 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 the request has been:
     (a) Submitted to the director of financial management by October 1st prior to the legislative session at which the requests are to be considered; and
     (b) Certified by the director of financial management as financially feasible for the state or reflective of a binding decision of an arbitration panel reached under subsection (2)(d) of 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 collective bargaining agreement must be reopened for the sole purpose of renegotiating the funds necessary to implement the agreement.
     (8) 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.
     (9) After the expiration date of any collective bargaining agreement entered into under this section, all of the terms and conditions specified in the 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.
     (10) In enacting this section, the legislature intends to provide state action immunity under federal and state antitrust laws for the joint activities of adult family home providers and their exclusive bargaining representative to the extent the activities are authorized by this chapter.

Sec. 2   RCW 41.04.810 and 2006 c 54 s 4 are each amended to read as follows:
     Individual providers, as defined in RCW 74.39A.240, ((and)) family child care providers, as defined in RCW 41.56.030, and adult family home providers, as defined in RCW 70.128.010, are not employees of the state or any of its political subdivisions and are specifically and entirely excluded from all provisions of this title, except as provided in RCW 74.39A.270 ((and)), 41.56.028, and section 1 of this act.

Sec. 3   RCW 41.56.113 and 2006 c 54 s 3 are each amended to read as follows:
     (1) Upon the written authorization of an individual provider ((or)), a family child care provider, or an adult family home provider within the bargaining unit and after the certification or recognition of the bargaining unit's exclusive bargaining representative, the state as payor, but not as the employer, shall, subject to subsection (3) of this section, deduct from the payments to an individual provider ((or)), a family child care provider, or an adult family home provider the monthly amount of dues as certified by the secretary of the exclusive bargaining representative and shall transmit the same to the treasurer of the exclusive bargaining representative.
     (2) If the governor and the exclusive bargaining representative of a bargaining unit of individual providers ((or)), family child care providers, or adult family home providers enter into a collective bargaining agreement that:
     (a) Includes a union security provision authorized in RCW 41.56.122, the state as payor, but not as the employer, shall, subject to subsection (3) of this section, enforce the agreement by deducting from the payments to bargaining unit members the dues required for membership in the exclusive bargaining representative, or, for nonmembers thereof, a fee equivalent to the dues; or
     (b) Includes requirements for deductions of payments other than the deduction under (a) of this subsection, the state, as payor, but not as the employer, shall, subject to subsection (3) of this section, make such deductions upon written authorization of the individual provider ((or the)), family child care provider, or adult family home provider.
     (3)(a) The initial additional costs to the state in making deductions from the payments to individual providers or family child care providers under this section shall be negotiated, agreed upon in advance, and reimbursed to the state by the exclusive bargaining representative.
     (b) The allocation of ongoing additional costs to the state in making deductions from the payments to individual providers ((or)), family child care providers, or adult family home providers under this section shall be an appropriate subject of collective bargaining between the exclusive bargaining representative and the governor unless prohibited by another statute. If no collective bargaining agreement containing a provision allocating the ongoing additional cost is entered into between the exclusive bargaining representative and the governor, or if the legislature does not approve funding for the collective bargaining agreement as provided in RCW 74.39A.300 ((or)), 41.56.028, or section 1 of this act, as applicable, the ongoing additional costs to the state in making deductions from the payments to individual providers ((or)), family child care providers, or adult family home providers under this section shall be negotiated, agreed upon in advance, and reimbursed to the state by the exclusive bargaining representative.
     (4) The governor and the exclusive bargaining representative of a bargaining unit of family child care providers may not enter into a collective bargaining agreement that contains a union security provision unless the agreement contains a process, to be administered by the exclusive bargaining representative of a bargaining unit of family child care providers, for hardship dispensation for license-exempt family child care providers who are also temporary assistance for needy families recipients or WorkFirst participants.

Sec. 4   RCW 43.01.047 and 2006 c 54 s 5 are each amended to read as follows:
     RCW 43.01.040 through 43.01.044 do not apply to individual providers under RCW 74.39A.220 through 74.39A.300 ((or to)), family child care providers under RCW 41.56.028, or adult family home providers under section 1 of this act.

NEW SECTION.  Sec. 5   If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.