| State of Washington | 62nd Legislature | 2011 1st Special Session |
READ FIRST TIME 02/25/11.
AN ACT Relating to the Washington state ferry system; amending RCW 47.60.530, 47.60.315, 82.08.0255, 82.12.0256, 47.64.120, 41.58.050, 41.58.060, 47.64.130, 47.64.280, 47.64.300, and 47.64.011; reenacting and amending RCW 43.84.092, 41.06.070, and 47.64.090; adding a new section to chapter 47.60 RCW; adding new sections to chapter 47.64 RCW; adding a new section to chapter 41.58 RCW; creating a new section; repealing RCW 47.64.080 and 47.64.150; providing effective dates; providing expiration dates; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 47.60.530 and 1979 c 27 s 4 are each amended to read
as follows:
((There is hereby created in the motor vehicle fund)) (1) The Puget
Sound ferry operations account ((to the credit of which shall be
deposited all moneys directed by law to be deposited therein. All
moneys deposited in this account shall be expended pursuant to
appropriations only for reimbursement of the motor vehicle fund for any
state moneys, other than insurance proceeds, expended therefrom for
alternate transportation services instituted as a result of the
destruction of the Hood Canal bridge, and)) is created in the motor
vehicle fund.
(2) The following funds must be deposited into the account:
(a) All moneys directed by law;
(b) All revenues generated from ferry fares; and
(c) All revenues generated from commercial advertising,
concessions, parking, and leases as allowed under RCW 47.60.140.
(3) Moneys in the account may be spent only after appropriation.
(4) Expenditures from the account may be used only for the
maintenance, administration, and operation of the ((Washington state
ferries including the Hood Canal bridge, supplementing as required the
revenues available from the)) Washington state ferry system.
NEW SECTION. Sec. 2 A new section is added to chapter 47.60 RCW
to read as follows:
(1) The capital vessel replacement account is created in the motor
vehicle fund. All revenues generated from the vessel replacement
surcharge under RCW 47.60.315(7) must be deposited into the account.
Moneys in the account may be spent only after appropriation.
Expenditures from the account may be used only for the construction or
purchase of ferry vessels and to pay the principal and interest on
bonds authorized for the construction or purchase of ferry vessels.
However, expenditures from the account must first be used to support
the construction or purchase, including any applicable financing costs,
of a ferry vessel with a carrying capacity of at least one hundred
forty-four cars.
(2) The state treasurer may not transfer any moneys from the
capital vessel replacement account except to the transportation 2003
account (nickel account) for debt service on bonds issued for the
construction of a 144-car class ferry vessel.
Sec. 3 RCW 47.60.315 and 2007 c 512 s 6 are each amended to read
as follows:
(1) The commission shall adopt fares and pricing policies by rule,
under chapter 34.05 RCW, according to the following schedule:
(a) Each year the department shall provide the commission a report
of its review of fares and pricing policies, with recommendations for
the revision of fares and pricing policies for the ensuing year;
(b) By September 1st of each year, beginning in 2008, the
commission shall adopt by rule fares and pricing policies for the
ensuing year.
(2) The commission may adopt by rule fares that are effective for
more or less than one year for the purposes of transitioning to the
fare schedule in subsection (1) of this section.
(3) The commission may increase ferry fares included in the
schedule of charges adopted under this section by a percentage that
exceeds the fiscal growth factor.
(4) The chief executive officer of the ferry system may authorize
the use of promotional, discounted, and special event fares to the
general public and commercial enterprises for the purpose of maximizing
capacity use and the revenues collected by the ferry system. The
department shall report to the commission a summary of the promotional,
discounted, and special event fares offered during each fiscal year and
the financial results from these activities.
(5) Fare revenues and other revenues deposited in the Puget Sound
ferry operations account created in RCW 47.60.530 may not be used to
support the Puget Sound capital construction account created in RCW
47.60.505, unless the support for capital is separately identified in
the fare.
(6) The commission may not raise fares until the fare rules contain
pricing policies developed under RCW 47.60.290, or September 1, 2009,
whichever is later.
(7) The commission shall impose a vessel replacement surcharge of
twenty-five cents on every one-way and round-trip ferry fare sold,
including multiride and monthly pass fares. This surcharge must be
clearly indicated to ferry passengers and drivers and, if possible, on
the fare media itself.
Sec. 4 RCW 82.08.0255 and 2007 c 223 s 9 are each amended to read
as follows:
(1) The tax levied by RCW 82.08.020 shall not apply to sales of
motor vehicle and special fuel if:
(a) The fuel is purchased for the purpose of public transportation
and the purchaser is entitled to a refund or an exemption under RCW
82.36.275 or 82.38.080(3); or
(b) The fuel is purchased by a private, nonprofit transportation
provider certified under chapter 81.66 RCW and the purchaser is
entitled to a refund or an exemption under RCW 82.36.285 or
82.38.080(1)(h); or
(c) The fuel is purchased by a public transportation benefit area
created under chapter 36.57A RCW or a county-owned ferry or county
ferry district created under chapter 36.54 RCW for use in passenger-only ferry vessels; or
(d) The fuel is purchased by the Washington state ferry system for
use in a state-owned ferry after June 30, 2013; or
(e) The fuel is purchased by a county-owned ferry for use in ferry
vessels after June 30, 2013; or
(f) The fuel is taxable under chapter 82.36 or 82.38 RCW.
(2) Any person who has paid the tax imposed by RCW 82.08.020 on the
sale of special fuel delivered in this state shall be entitled to a
credit or refund of such tax with respect to fuel subsequently
established to have been actually transported and used outside this
state by persons engaged in interstate commerce. The tax shall be
claimed as a credit or refunded through the tax reports required under
RCW 82.38.150.
Sec. 5 RCW 82.12.0256 and 2007 c 223 s 10 are each amended to
read as follows:
The provisions of this chapter shall not apply in respect to the
use of:
(1) Special fuel purchased in this state upon which a refund is
obtained as provided in RCW 82.38.180(2); and
(2) Motor vehicle and special fuel if:
(a) The fuel is used for the purpose of public transportation and
the purchaser is entitled to a refund or an exemption under RCW
82.36.275 or 82.38.080(3); or
(b) The fuel is purchased by a private, nonprofit transportation
provider certified under chapter 81.66 RCW and the purchaser is
entitled to a refund or an exemption under RCW 82.36.285 or
82.38.080(1)(h); or
(c) The fuel is purchased by a public transportation benefit area
created under chapter 36.57A RCW or a county-owned ferry or county
ferry district created under chapter 36.54 RCW for use in passenger-only ferry vessels; or
(d) The fuel is taxable under chapter 82.36 or 82.38 RCW:
PROVIDED, That the use of motor vehicle and special fuel upon which a
refund of the applicable fuel tax is obtained shall not be exempt under
this subsection (2)(d), and the director of licensing shall deduct from
the amount of such tax to be refunded the amount of tax due under this
chapter and remit the same each month to the department of revenue; or
(e) The fuel is purchased by a county-owned ferry for use in ferry
vessels after June 30, 2013; or
(f) The fuel is purchased by the Washington state ferry system for
use in a state-owned ferry after June 30, 2013.
Sec. 6 RCW 43.84.092 and 2010 1st sp.s. c 30 s 20, 2010 1st sp.s.
c 9 s 7, 2010 c 248 s 6, 2010 c 222 s 5, 2010 c 162 s 6, and 2010 c 145
s 11 are each reenacted and amended to read as follows:
(1) All earnings of investments of surplus balances in the state
treasury shall be deposited to the treasury income account, which
account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive
funds associated with federal programs as required by the federal cash
management improvement act of 1990. The treasury income account is
subject in all respects to chapter 43.88 RCW, but no appropriation is
required for refunds or allocations of interest earnings required by
the cash management improvement act. Refunds of interest to the
federal treasury required under the cash management improvement act
fall under RCW 43.88.180 and shall not require appropriation. The
office of financial management shall determine the amounts due to or
from the federal government pursuant to the cash management improvement
act. The office of financial management may direct transfers of funds
between accounts as deemed necessary to implement the provisions of the
cash management improvement act, and this subsection. Refunds or
allocations shall occur prior to the distributions of earnings set
forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income
account may be utilized for the payment of purchased banking services
on behalf of treasury funds including, but not limited to, depository,
safekeeping, and disbursement functions for the state treasury and
affected state agencies. The treasury income account is subject in all
respects to chapter 43.88 RCW, but no appropriation is required for
payments to financial institutions. Payments shall occur prior to
distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings
credited to the treasury income account. The state treasurer shall
credit the general fund with all the earnings credited to the treasury
income account except:
(a) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's and fund's
average daily balance for the period: The aeronautics account, the
aircraft search and rescue account, the budget stabilization account,
the capital vessel replacement account, the capitol building
construction account, the Cedar River channel construction and
operation account, the Central Washington University capital projects
account, the charitable, educational, penal and reformatory
institutions account, the cleanup settlement account, the Columbia
river basin water supply development account, the common school
construction fund, the county arterial preservation account, the county
criminal justice assistance account, the county sales and use tax
equalization account, the deferred compensation administrative account,
the deferred compensation principal account, the department of
licensing services account, the department of retirement systems
expense account, the developmental disabilities community trust
account, the drinking water assistance account, the drinking water
assistance administrative account, the drinking water assistance
repayment account, the Eastern Washington University capital projects
account, the education construction fund, the education legacy trust
account, the election account, the energy freedom account, the energy
recovery act account, the essential rail assistance account, The
Evergreen State College capital projects account, the federal forest
revolving account, the ferry bond retirement fund, the freight
congestion relief account, the freight mobility investment account, the
freight mobility multimodal account, the grade crossing protective
fund, the public health services account, the health system capacity
account, the high capacity transportation account, the state higher
education construction account, the higher education construction
account, the highway bond retirement fund, the highway infrastructure
account, the highway safety account, the high occupancy toll lanes
operations account, the hospital safety net assessment fund, the
industrial insurance premium refund account, the judges' retirement
account, the judicial retirement administrative account, the judicial
retirement principal account, the local leasehold excise tax account,
the local real estate excise tax account, the local sales and use tax
account, the marine resources stewardship trust account, the medical
aid account, the mobile home park relocation fund, the motor vehicle
fund, the motorcycle safety education account, the multiagency
permitting team account, the multimodal transportation account, the
municipal criminal justice assistance account, the municipal sales and
use tax equalization account, the natural resources deposit account,
the oyster reserve land account, the pension funding stabilization
account, the perpetual surveillance and maintenance account, the public
employees' retirement system plan 1 account, the public employees'
retirement system combined plan 2 and plan 3 account, the public
facilities construction loan revolving account beginning July 1, 2004,
the public health supplemental account, the public transportation
systems account, the public works assistance account, the Puget Sound
capital construction account, the Puget Sound ferry operations account,
the Puyallup tribal settlement account, the real estate appraiser
commission account, the recreational vehicle account, the regional
mobility grant program account, the resource management cost account,
the rural arterial trust account, the rural Washington loan fund, the
site closure account, the small city pavement and sidewalk account, the
special category C account, the special wildlife account, the state
employees' insurance account, the state employees' insurance reserve
account, the state investment board expense account, the state
investment board commingled trust fund accounts, the state patrol
highway account, the state route number 520 civil penalties account,
the state route number 520 corridor account, the supplemental pension
account, the Tacoma Narrows toll bridge account, the teachers'
retirement system plan 1 account, the teachers' retirement system
combined plan 2 and plan 3 account, the tobacco prevention and control
account, the tobacco settlement account, the transportation 2003
account (nickel account), the transportation equipment fund, the
transportation fund, the transportation improvement account, the
transportation improvement board bond retirement account, the
transportation infrastructure account, the transportation partnership
account, the traumatic brain injury account, the tuition recovery trust
fund, the University of Washington bond retirement fund, the University
of Washington building account, the urban arterial trust account, the
volunteer firefighters' and reserve officers' relief and pension
principal fund, the volunteer firefighters' and reserve officers'
administrative fund, the Washington judicial retirement system account,
the Washington law enforcement officers' and firefighters' system plan
1 retirement account, the Washington law enforcement officers' and
firefighters' system plan 2 retirement account, the Washington public
safety employees' plan 2 retirement account, the Washington school
employees' retirement system combined plan 2 and 3 account, the
Washington state health insurance pool account, the Washington state
patrol retirement account, the Washington State University building
account, the Washington State University bond retirement fund, the
water pollution control revolving fund, and the Western Washington
University capital projects account. Earnings derived from investing
balances of the agricultural permanent fund, the normal school
permanent fund, the permanent common school fund, the scientific
permanent fund, and the state university permanent fund shall be
allocated to their respective beneficiary accounts.
(b) Any state agency that has independent authority over accounts
or funds not statutorily required to be held in the state treasury that
deposits funds into a fund or account in the state treasury pursuant to
an agreement with the office of the state treasurer shall receive its
proportionate share of earnings based upon each account's or fund's
average daily balance for the period.
(5) In conformance with Article II, section 37 of the state
Constitution, no treasury accounts or funds shall be allocated earnings
without the specific affirmative directive of this section.
Sec. 7 RCW 47.64.120 and 2010 c 283 s 10 are each amended to read
as follows:
(1) Except as otherwise provided in this chapter, the employer and
ferry system employee organizations, through their collective
bargaining representatives, shall meet at reasonable times to negotiate
in good faith with respect to wages, hours, working conditions, and
insurance, and other matters mutually agreed upon. Employer funded
retirement benefits shall be provided under the public employees
retirement system under chapter 41.40 RCW and shall not be included in
the scope of collective bargaining. Except as provided under RCW
47.64.270, the employer is not required to bargain over health care
benefits. Any retirement system or retirement benefits shall not be
subject to collective bargaining.
(2) Upon ratification of bargaining agreements, ferry employees are
entitled to an amount equivalent to the interest earned on retroactive
compensation increases. For purposes of this section, the interest
earned on retroactive compensation increases is the same monthly rate
of interest that was earned on the amount of the compensation increases
while held in the state treasury. The interest will be computed for
each employee until the date the retroactive compensation is paid, and
must be allocated in accordance with appropriation authority. The
interest earned on retroactive compensation is not considered part of
the ongoing compensation obligation of the state and is not
compensation earnable for the purposes of chapter 41.40 RCW.
Negotiations shall also include grievance procedures for resolving any
questions arising under the agreement, which shall be embodied in a
written agreement and signed by the parties.
(3) The employer shall not bargain over the rights of management as
identified in RCW 41.80.040.
(4) A collective bargaining agreement may not contain any provision
that extends the term of an existing collective bargaining agreement or
applicability of items incompatible with this section in an existing
collective bargaining agreement.
(5) Except as otherwise provided in this chapter, if a conflict
exists between an executive order, administrative rule, or agency
policy relating to wages, hours, and terms and conditions of employment
and a collective bargaining agreement negotiated under this chapter,
the collective bargaining agreement shall prevail. A provision of a
collective bargaining agreement that conflicts with the terms of a
statute is invalid and unenforceable.
NEW SECTION. Sec. 8 A new section is added to chapter 47.64 RCW
to read as follows:
(1) Effective July 1, 2013, all captains of Washington state ferry
vessels are part of Washington state ferries management.
(2) The captain, also known as the master of a vessel or the
commanding officer, is the ultimate authority on and has responsibility
for the entire vessel. The captain's responsibilities include, but are
not limited to:
(a) Ensuring the safe navigation of the vessel and its crew and
passengers;
(b) Following all applicable federal, state, and agency policies
and regulations;
(c) Supervising crew in performance, operations, training,
security, and environmental protection; and
(d) Overseeing all aspects of vessel operations.
(3) Effective July 1, 2013, the public employment relations
commission shall sever from the masters, mates, and pilots bargaining
unit all captains. In anticipation of the captains' severance from the
masters, mates, and pilots bargaining unit, the public employment
relations commission shall conduct an election by August 31, 2011, to
determine representation of the captains. A union seeking to represent
captains does not have to demonstrate a showing of interest to be
included on the ballot. If a majority of the captains in the masters,
mates, and pilots bargaining unit indicate by vote that they desire to
be included in a newly formed captains-only bargaining unit, the public
employment relations commission shall certify a captains-only
bargaining unit, to be effective July 1, 2013. Notwithstanding the
results of the election, captains shall remain a part of the masters,
mates, and pilots bargaining unit through June 30, 2013.
(4) If a new captains-only bargaining unit is created, the employer
and the exclusive bargaining representative for the captains-only
bargaining unit must negotiate a collective bargaining agreement
exclusive to the captains-only bargaining unit.
(5) For negotiations covering the 2013-2015 biennium, the employer
and the exclusive bargaining representative of the captains-only
bargaining unit must negotiate agreements that are consistent with this
section.
(6) A collective bargaining agreement may not contain any provision
that extends the term of an existing collective bargaining agreement or
applicability of items incompatible with this section in an existing
collective bargaining agreement.
NEW SECTION. Sec. 9 A new section is added to chapter 47.64 RCW
to read as follows:
For the purposes of this section and sections 10 through 15 of this
act:
(1) "Management" means an employee at the Washington state ferries
who is part of Washington management services, is exempt, or is a
captain.
(2) "Performance measure" means measurable standards to be used by
the department to evaluate the sufficiency of the services being
provided to ferry riders.
(3) "Performance report" means a report that summarizes ferry
system performance using the performance measures identified in
sections 10 and 11 of this act.
(4) "Performance target" means the desired outcome of a performance
measure.
NEW SECTION. Sec. 10 A new section is added to chapter 47.64 RCW
to read as follows:
Performance targets must be established by an ad hoc committee with
members from and designated by the office of the governor, which must
include at least one member from labor. The committee may not consist
of more than eleven members. By July 1, 2011, the committee shall
present performance targets to the representatives of the legislative
transportation committees and the joint transportation committee for
review of the performance measures listed under this section. The
committee may also develop performance measures in addition to the
following:
(1) Safety performance as measured by passenger injuries per one
million passenger miles and by injuries per ten thousand revenue
service hours that are recordable by standards of the federal
occupational safety and health administration and related to standard
operating procedures;
(2) Service effectiveness measures including, but not limited to,
passenger satisfaction of interactions with ferry employees,
cleanliness and comfort of vessels and terminals, and satisfactory
response to requests for assistance. Passenger satisfaction must be
measured by an evaluation that is created by a contracted market
research company and conducted by the Washington state transportation
commission as part of the ferry riders' opinion group survey. The
Washington state transportation commission shall, to the extent
possible, integrate the passenger satisfaction evaluation into the
ferry user data survey described in RCW 47.60.286;
(3) Cost-containment measures including, but not limited to,
operating cost per passenger mile, operating cost per revenue service
mile, discretionary overtime as a percentage of straight time, and
gallons of fuel consumed per revenue service mile; and
(4) Maintenance and capital program effectiveness measures
including, but not limited to: Project delivery rate as measured by
the number of projects completed on time and within the omnibus
transportation appropriations act; vessel and terminal design and
engineering costs as measured by a percentage of the total capital
program, including measurement of the ongoing operating and maintenance
costs; and total vessel out-of-service time.
NEW SECTION. Sec. 11 A new section is added to chapter 47.64 RCW
to read as follows:
(1) Beginning on October 1, 2011, the department shall report on
peak-direction, peak-time, on-time performance by route for all runs
except those delayed or canceled due to tidal conditions. On-time is
defined as within ten minutes of the scheduled time. Peak-time for the
Mukilteo/Clinton, Edmonds/Kingston, Seattle/Bainbridge,
Seattle/Bremerton, Fauntleroy/Vashon/Southworth, and Point
Defiance/Tahlequah ferry routes means weekdays from 5:00 a.m. to 9:00
a.m. and 3:00 p.m. to 7:00 p.m. Peak-time for the Coupeville
(Keystone)/Port Townsend and Anacortes/San Juan Island ferry routes
means Fridays from 3:00 p.m. to closing, Saturdays all day, Sundays
all day, holidays all day, and Mondays from opening to 12:00 p.m.
(2) The department shall, on a quarterly basis, report Washington
state ferry system management's performance as it relates to the
performance measure in subsection (1) of this section (a) to the
transportation committees of the legislature, (b) on its vessels, (c)
at all ferry terminals, and (d) on the department's web site. The
statistics must include reasons for any delays over five minutes and
any delays over ten minutes from the scheduled time.
(3) The department may not eliminate any ferry route without prior
legislative approval.
NEW SECTION. Sec. 12 A new section is added to chapter 47.64 RCW
to read as follows:
(1) The office of financial management shall complete a government
management and accountability performance report that provides a
baseline assessment of current performance on the performance measures
identified in sections 10 and 11 of this act using final 2009-2011
data. This report must be presented to the legislature by November 1,
2011, through the attainment report required in RCW 47.01.071(5) and
47.04.280.
(2) By October 1, 2012, and each year thereafter, the office of
financial management shall complete a performance report for the prior
fiscal year. This report must be reviewed by the joint transportation
committee, and the findings of the report must be incorporated into the
governor's proposed biennial transportation budget. The office of
financial management shall transmit a copy of the accepted performance
report to the legislature with the governor's biennial transportation
budget.
(3) Management shall lead implementation of the performance
measures in sections 10 and 11 of this act.
NEW SECTION. Sec. 13 A new section is added to chapter 47.64 RCW
to read as follows:
If the Washington state ferries does not meet at least eighty
percent of the performance target that is set for each performance
measure identified in sections 10 and 11 of this act by June 30, 2013,
the governor, with the consensus of the chairs and ranking minorities
of the transportation committees of the legislature, shall appoint a
governor's management representative who, within sixty days, shall
develop and submit a corrective action plan to achieve the performance
targets in sections 10 and 11 of this act within the following twelve
months. The plan must be submitted to the governor and the
transportation committees of the legislature.
NEW SECTION. Sec. 14 A new section is added to chapter 47.64 RCW
to read as follows:
(1) If the Washington state ferries does not meet at least eighty
percent of the performance target that is set for each performance
measure identified in sections 10 and 11 of this act by June 30, 2013,
the department must:
(a) Solicit a fixed cost bid for meeting the performance measures
in sections 10 and 11 of this act, which must include a request for
information or a request for qualifications to identify qualifications
necessary and costs associated with privatizing the management
functions of the Washington state ferries; and
(b) Present the results of the request for information or request
for qualifications to the transportation committees of the legislature
and the governor.
(2) In consultation with the governor's office, the transportation
committees of the legislature shall utilize the information provided in
subsection (1) of this section to determine whether or not to
competitively contract out the management functions of the Washington
state ferry system the following biennium.
(3) If the governor and the transportation committees of the
legislature opt to competitively contract out the management functions
of the Washington state ferry system in the following biennium, the
contract must be a fixed cost contract that requires the private
management services firm to meet or exceed the performance target for
eighty percent of the performance measures under sections 10 and 11 of
this act. Based on these performance measures, the contract must
provide for incentive or retained payment arrangements as a means of
ensuring satisfactory performance of the contract and improved
performance of the ferry system over time.
(4) The contract must include a requirement that the firm retain
existing and future collective bargaining agreements as negotiated
between the state and the employees' labor representatives. The
private management services firm may rehire Washington management
services employees or exempt employees at the Washington state ferries.
(5) The contract must be for a two-year period. If the private
management services firm meets or exceeds the performance measures
under sections 10 and 11 of this act, the contract is renewable for an
additional two years for a maximum of ten years. After ten years, the
department shall implement an invitation for bid process.
(6) Consistent with RCW 41.06.142(3), the contract is not subject
to requirements for agencies purchasing services that have been
customarily and historically provided by state employees.
NEW SECTION. Sec. 15 A new section is added to chapter 47.64 RCW
to read as follows:
The report required in RCW 47.01.071(5) and 47.04.280 must include
the performance measures in sections 10 and 11 of this act.
NEW SECTION. Sec. 16 A new section is added to chapter 41.58 RCW
to read as follows:
(1) There is created the marine employees' commission within the
public employment relations commission. The governor shall appoint the
marine employees' commission with the consent of the senate. The
marine employees' commission shall consist of three members: One
member to be appointed from labor; one member from industry; and one
member from the public who has significant knowledge of maritime
affairs. The public member is chair of the marine employees'
commission. Any member of the marine employees' commission may be
removed by the governor, upon notice and hearing, for neglect of duty
or malfeasance in office, but for no other cause. Marine employees'
commission members are not eligible for state retirement under chapter
41.40 RCW by virtue of their service on the marine employees'
commission. Members of the marine employees' commission must be
compensated in accordance with RCW 43.03.250 and must receive
reimbursement for official travel and other expenses at the same rate
and on the same terms as provided for the transportation commission
under RCW 47.01.061.
(2) The rules of procedure adopted by the public employment
relations commission under chapter 34.05 RCW apply to state ferry
system employees, except that the marine employees' commission shall
act in place of the public employment relations commission for appeals
of unfair labor practice complaints, questions concerning
representation, and unit clarifications.
(3) In addition to subsection (2) of this section, the marine
employees' commission shall perform the duties as provided in RCW
47.64.280.
(4) This section expires June 30, 2013.
Sec. 17 RCW 41.58.050 and 1975 1st ex.s. c 296 s 7 are each
amended to read as follows:
The ((board)) commission shall have authority from time to time to
make, amend, and rescind, in the manner prescribed by the
administrative procedure act, chapter 34.05 RCW, such rules and
regulations as may be necessary to carry out the provisions of this
chapter.
Sec. 18 RCW 41.58.060 and 1983 c 15 s 22 are each amended to read
as follows:
For any matter concerning the state ferry system and employee
relations, collective bargaining, or labor disputes or stoppages, the
provisions of this chapter and chapter 47.64 RCW shall govern.
However, if a conflict exists between this chapter and chapter 47.64
RCW, this chapter shall govern.
Sec. 19 RCW 47.64.130 and 2010 c 8 s 10021 are each amended to
read as follows:
(1) It is an unfair labor practice for the employer or its
representatives:
(a) To interfere with, restrain, or coerce employees in the
exercise of the rights guaranteed by this chapter;
(b) To dominate or interfere with the formation or administration
of any employee organization or contribute financial or other support
to it. However, subject to rules made by the public employment
relations commission pursuant to RCW ((47.64.280)) 41.58.050, an
employer shall not be prohibited from permitting employees to confer
with it or its representatives or agents during working hours without
loss of time or pay;
(c) To encourage or discourage membership in any employee
organization by discrimination in regard to hiring, tenure of
employment, or any term or condition of employment, but nothing
contained in this subsection prevents an employer from requiring, as a
condition of continued employment, payment of periodic dues and fees
uniformly required to an exclusive bargaining representative pursuant
to RCW 47.64.160. However, nothing prohibits the employer from
agreeing to obtain employees by referral from a lawful hiring hall
operated by or participated in by a labor organization;
(d) To discharge or otherwise discriminate against an employee
because he or she has filed charges or given testimony under this
chapter;
(e) To refuse to bargain collectively with the representatives of
its employees.
(2) It is an unfair labor practice for an employee organization:
(a) To restrain or coerce (i) employees in the exercise of the
rights guaranteed by this chapter. However, this subsection does not
impair the right of an employee organization to prescribe its own rules
with respect to the acquisition or retention of membership therein, or
(ii) an employer in the selection of his or her representatives for the
purposes of collective bargaining or the adjustment of grievances;
(b) To cause or attempt to cause an employer to discriminate
against an employee in violation of subsection (1)(c) of this section;
(c) To refuse to bargain collectively with an employer.
(3) The expression of any view, argument, or opinion, or the
dissemination thereof to the public, whether in written, printed,
graphic, or visual form, shall not constitute or be evidence of an
unfair labor practice under any of the provisions of this chapter, if
the expression contains no threat of reprisal or force or promise of
benefit.
Sec. 20 RCW 47.64.280 and 2010 c 283 s 14 are each amended to
read as follows:
(1) ((There is created the marine employees' commission. The
governor shall appoint the commission with the consent of the senate.
The commission shall consist of three members: One member to be
appointed from labor, one member from industry, and one member from the
public who has significant knowledge of maritime affairs. The public
member shall be chair of the commission. One of the original members
shall be appointed for a term of three years, one for a term of four
years, and one for a term of five years. Their successors shall be
appointed for terms of five years each, except that any person chosen
to fill a vacancy shall be appointed only for the unexpired term of the
member whom he or she succeeds. Commission members are eligible for
reappointment. Any member of the commission may be removed by the
governor, upon notice and hearing, for neglect of duty or malfeasance
in office, but for no other cause. Commission members are not eligible
for state retirement under chapter 41.40 RCW by virtue of their service
on the commission. Members of the commission shall be compensated in
accordance with RCW 43.03.250 and shall receive reimbursement for
official travel and other expenses at the same rate and on the same
terms as provided for the transportation commission by RCW 47.01.061.
The payments shall be made from the Puget Sound ferry operations
account.)) The marine employees' commission, created in section 16 of
this act, shall((
(2): (a))) adjust all complaints, grievances, and
disputes between labor and management arising out of the operation of
the ferry system as provided in RCW 47.64.150((; (b) provide for
impasse mediation as required in RCW 47.64.210; and (c) perform those
duties required in RCW 47.64.300.)).
(3)(a) In adjudicating all complaints, grievances, and disputes,
the party claiming labor disputes shall, in writing, notify the
commission, which shall make careful inquiry into the cause thereof and
issue an order advising the ferry employee, or the ferry employee
organization representing him or her, and the department of
transportation, as to the decision of the commission.
(b) The parties are entitled to offer evidence relating to disputes
at all hearings conducted by the commission. The orders and awards of
the commission are final and binding upon any ferry employee or
employees or their representative affected thereby and upon the
department.
(c) The commission shall adopt rules of procedure under chapter
34.05 RCW.
(d) The commission has the authority to subpoena any ferry employee
or employees, or their representatives, and any member or
representative of the department, and any witnesses. The commission
may require attendance of witnesses and the production of all pertinent
records at any hearings held by the commission. The subpoenas of the
commission are enforceable by order of any superior court in the state
of Washington for the county within which the proceeding may be
pending. The commission may hire staff as necessary, appoint
consultants, enter into contracts, and conduct studies as reasonably
necessary to carry out this chapter
(2) All unfair labor practice complaints, questions concerning
representation, and unit clarifications must be filed with the public
employment relations commission and processed in accordance with the
commission's rules adopted under chapter 34.05 RCW, except that the
marine employees' commission shall act in place of the public
employment relations commission for appeals.
(3) This section expires June 30, 2013.
Sec. 21 RCW 47.64.300 and 2007 c 160 s 4 are each amended to read
as follows:
(1) If an agreement has not been reached following a reasonable
period of negotiations and, when applicable, mediation, upon the
recommendation of the assigned mediator that the parties remain at
impasse or, with respect to biennial bargaining, in compliance with the
interest arbitration agreement under RCW 47.64.170(6)(a), all impasse
items shall be submitted to arbitration under this section. The issues
for arbitration shall be limited to the issues certified by the
((commission)) executive director.
(2) The parties may agree to submit the dispute to a single
arbitrator, whose authority and duties shall be the same as those of an
arbitration panel. If the parties cannot agree on the arbitrator
within five working days, the selection shall be made under subsection
(3) of this section, except with respect to biennial bargaining
described under RCW 47.64.170(6). The full costs of arbitration under
this section shall be shared equally by the parties to the dispute.
(3) Within seven days following the issuance of the determination
of the ((commission)) executive director, each party shall, absent an
agreement to the contrary, name one person to serve as its arbitrator
on the arbitration panel. Except with respect to biennial bargaining
described under RCW 47.64.170(6), the two members so appointed shall
meet within seven days following the appointment of the later appointed
member to attempt to choose a third member to act as the neutral chair
of the arbitration panel. Upon the failure of the arbitrators to
select a neutral chair within seven days, either party may apply to the
federal mediation and conciliation service, or, with the consent of the
parties, the American arbitration association to provide a list of five
qualified arbitrators from which the neutral chair shall be chosen.
Each party shall pay the fees and expenses of its arbitrator, and the
fees and expenses of the neutral chair shall be shared equally between
the parties.
(4) In consultation with the parties, the arbitrator or arbitration
panel shall promptly establish a date, time, and place for a hearing
and shall provide reasonable notice thereof to the parties to the
dispute. The parties shall exchange final positions in writing, with
copies to the arbitrator or arbitration panel, with respect to every
issue to be arbitrated, on a date mutually agreed upon, but in no event
later than ten working days before the date set for hearing. A
hearing, which shall be informal, shall be held, and each party shall
have the opportunity to present evidence and make argument. No member
of the arbitration panel may present the case for a party to the
proceedings. The rules of evidence prevailing in judicial proceedings
may be considered, but are not binding, and any oral testimony or
documentary evidence or other data deemed relevant by the chair of the
arbitration panel may be received in evidence. A recording of the
proceedings shall be taken. The arbitration panel has the power to
administer oaths, require the attendance of witnesses, and require the
production of such books, papers, contracts, agreements, and documents
as may be deemed by the panel to be material to a just determination of
the issues in dispute. If any person refuses to obey a subpoena issued
by the arbitration panel, or refuses to be sworn or to make an
affirmation to testify, or any witness, party, or attorney for a party
is guilty of any contempt while in attendance at any hearing held
hereunder, the arbitration panel may invoke the jurisdiction of the
superior court in the county where the labor dispute exists, and the
court has jurisdiction to issue an appropriate order. Any failure to
obey the order may be punished by the court as a contempt thereof.
(5) The neutral chair shall consult with the other members of the
arbitration panel, if a panel has been created. Within thirty days
following the conclusion of the hearing, or sooner as the October 1st
deadline set forth in RCW 47.64.170 (6)(c) and (7) necessitates, the
neutral chair shall make written findings of fact and a written
determination of the issues in dispute, based on the evidence
presented. A copy thereof shall be served on each of the other members
of the arbitration panel, and on each of the parties to the dispute.
That determination is final and binding upon both parties, subject to
review by the superior court upon the application of either party
solely upon the question of whether the decision of the panel was
arbitrary or capricious.
Sec. 22 RCW 41.06.070 and 2010 c 271 s 801, 2010 c 2 s 2, and
2010 c 1 s 1 are each reenacted and amended to read as follows:
(1) The provisions of this chapter do not apply to:
(a) The members of the legislature or to any employee of, or
position in, the legislative branch of the state government including
members, officers, and employees of the legislative council, joint
legislative audit and review committee, statute law committee, and any
interim committee of the legislature;
(b) The justices of the supreme court, judges of the court of
appeals, judges of the superior courts or of the inferior courts, or to
any employee of, or position in the judicial branch of state
government;
(c) Officers, academic personnel, and employees of technical
colleges;
(d) The officers of the Washington state patrol;
(e) Elective officers of the state;
(f) The chief executive officer of each agency;
(g) In the departments of employment security and social and health
services, the director and the director's confidential secretary; in
all other departments, the executive head of which is an individual
appointed by the governor, the director, his or her confidential
secretary, and his or her statutory assistant directors;
(h) In the case of a multimember board, commission, or committee,
whether the members thereof are elected, appointed by the governor or
other authority, serve ex officio, or are otherwise chosen:
(i) All members of such boards, commissions, or committees;
(ii) If the members of the board, commission, or committee serve on
a part-time basis and there is a statutory executive officer: The
secretary of the board, commission, or committee; the chief executive
officer of the board, commission, or committee; and the confidential
secretary of the chief executive officer of the board, commission, or
committee;
(iii) If the members of the board, commission, or committee serve
on a full-time basis: The chief executive officer or administrative
officer as designated by the board, commission, or committee; and a
confidential secretary to the chair of the board, commission, or
committee;
(iv) If all members of the board, commission, or committee serve ex
officio: The chief executive officer; and the confidential secretary
of such chief executive officer;
(i) The confidential secretaries and administrative assistants in
the immediate offices of the elective officers of the state;
(j) Assistant attorneys general;
(k) Commissioned and enlisted personnel in the military service of
the state;
(l) Inmate, student, part-time, or temporary employees, and part-time professional consultants, as defined by the Washington personnel
resources board;
(m) The public printer or to any employees of or positions in the
state printing plant;
(n) Officers and employees of the Washington state fruit
commission;
(o) Officers and employees of the Washington apple commission;
(p) Officers and employees of the Washington state dairy products
commission;
(q) Officers and employees of the Washington tree fruit research
commission;
(r) Officers and employees of the Washington state beef commission;
(s) Officers and employees of the Washington grain commission;
(t) Officers and employees of any commission formed under chapter
15.66 RCW;
(u) Officers and employees of agricultural commissions formed under
chapter 15.65 RCW;
(v) Officers and employees of the nonprofit corporation formed
under chapter 67.40 RCW;
(w) Executive assistants for personnel administration and labor
relations in all state agencies employing such executive assistants
including but not limited to all departments, offices, commissions,
committees, boards, or other bodies subject to the provisions of this
chapter and this subsection shall prevail over any provision of law
inconsistent herewith unless specific exception is made in such law;
(x) In each agency with fifty or more employees: Deputy agency
heads, assistant directors or division directors, and not more than
three principal policy assistants who report directly to the agency
head or deputy agency heads;
(y) ((All employees of the marine employees' commission;)) Staff employed by the department of commerce to administer
energy policy functions;
(z)
(((aa))) (z) The manager of the energy facility site evaluation
council;
(((bb))) (aa) A maximum of ten staff employed by the department of
commerce to administer innovation and policy functions, including the
three principal policy assistants exempted under (x) of this
subsection;
(((cc))) (bb) Staff employed by Washington State University to
administer energy education, applied research, and technology transfer
programs under RCW 43.21F.045 as provided in RCW 28B.30.900(5).
(2) The following classifications, positions, and employees of
institutions of higher education and related boards are hereby exempted
from coverage of this chapter:
(a) Members of the governing board of each institution of higher
education and related boards, all presidents, vice presidents, and
their confidential secretaries, administrative, and personal
assistants; deans, directors, and chairs; academic personnel; and
executive heads of major administrative or academic divisions employed
by institutions of higher education; principal assistants to executive
heads of major administrative or academic divisions; other managerial
or professional employees in an institution or related board having
substantial responsibility for directing or controlling program
operations and accountable for allocation of resources and program
results, or for the formulation of institutional policy, or for
carrying out personnel administration or labor relations functions,
legislative relations, public information, development, senior computer
systems and network programming, or internal audits and investigations;
and any employee of a community college district whose place of work is
one which is physically located outside the state of Washington and who
is employed pursuant to RCW 28B.50.092 and assigned to an educational
program operating outside of the state of Washington;
(b) The governing board of each institution, and related boards,
may also exempt from this chapter classifications involving research
activities, counseling of students, extension or continuing education
activities, graphic arts or publications activities requiring
prescribed academic preparation or special training as determined by
the board: PROVIDED, That no nonacademic employee engaged in office,
clerical, maintenance, or food and trade services may be exempted by
the board under this provision;
(c) Printing craft employees in the department of printing at the
University of Washington.
(3) In addition to the exemptions specifically provided by this
chapter, the director of personnel may provide for further exemptions
pursuant to the following procedures. The governor or other
appropriate elected official may submit requests for exemption to the
director of personnel stating the reasons for requesting such
exemptions. The director of personnel shall hold a public hearing,
after proper notice, on requests submitted pursuant to this subsection.
If the director determines that the position for which exemption is
requested is one involving substantial responsibility for the
formulation of basic agency or executive policy or one involving
directing and controlling program operations of an agency or a major
administrative division thereof, the director of personnel shall grant
the request and such determination shall be final as to any decision
made before July 1, 1993. The total number of additional exemptions
permitted under this subsection shall not exceed one percent of the
number of employees in the classified service not including employees
of institutions of higher education and related boards for those
agencies not directly under the authority of any elected public
official other than the governor, and shall not exceed a total of
twenty-five for all agencies under the authority of elected public
officials other than the governor.
The salary and fringe benefits of all positions presently or
hereafter exempted except for the chief executive officer of each
agency, full-time members of boards and commissions, administrative
assistants and confidential secretaries in the immediate office of an
elected state official, and the personnel listed in subsections (1)(j)
through (v) ((and (y))) and (2) of this section, shall be determined by
the director of personnel. Changes to the classification plan
affecting exempt salaries must meet the same provisions for classified
salary increases resulting from adjustments to the classification plan
as outlined in RCW 41.06.152.
From February 18, 2009, through June 30, 2011, a salary or wage
increase shall not be granted to any position exempt from
classification under this chapter, except that a salary or wage
increase may be granted to employees pursuant to collective bargaining
agreements negotiated under chapter 28B.52, 41.56, 47.64, or 41.76 RCW,
or negotiated by the nonprofit corporation formed under chapter 67.40
RCW, and except that increases may be granted for positions for which
the employer has demonstrated difficulty retaining qualified employees
if the following conditions are met:
(a) The salary increase can be paid within existing resources; and
(b) The salary increase will not adversely impact the provision of
client services.
Any agency granting a salary increase from February 15, 2010,
through June 30, 2011, to a position exempt from classification under
this chapter shall submit a report to the fiscal committees of the
legislature no later than July 31, 2011, detailing the positions for
which salary increases were granted, the size of the increases, and the
reasons for giving the increases.
Any person holding a classified position subject to the provisions
of this chapter shall, when and if such position is subsequently
exempted from the application of this chapter, be afforded the
following rights: If such person previously held permanent status in
another classified position, such person shall have a right of
reversion to the highest class of position previously held, or to a
position of similar nature and salary.
Any classified employee having civil service status in a classified
position who accepts an appointment in an exempt position shall have
the right of reversion to the highest class of position previously
held, or to a position of similar nature and salary.
A person occupying an exempt position who is terminated from the
position for gross misconduct or malfeasance does not have the right of
reversion to a classified position as provided for in this section.
From February 15, 2010, until June 30, 2011, no monetary
performance-based awards or incentives may be granted by the director
or employers to employees covered by rules adopted under this section.
This subsection does not prohibit the payment of awards provided for in
chapter 41.60 RCW.
NEW SECTION. Sec. 23 (1) Consistent with section 16 of this act,
the marine employees' commission's powers, duties, and functions are
transferred to the public employment relations commission.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the marine employees'
commission shall be delivered to the custody of the public employment
relations commission. All cabinets, furniture, office equipment, motor
vehicles, and other tangible property employed by the marine employees'
commission shall be made available to the public employment relations
commission. All funds, credits, or other assets held by the marine
employees' commission shall be assigned to the public employment
relations commission.
(b) Any appropriations made to the marine employees' commission
shall, on the effective date of this section, be transferred and
credited to the public employment relations commission.
(c) If any question arises as to the transfer of any personnel,
funds, books, documents, records, papers, files, equipment, or other
tangible property used or held in the exercise of the powers and the
performance of the duties and functions transferred, the director of
financial management shall make a determination as to the proper
allocation and certify the same to the state agencies concerned.
(3) All pending business before the marine employees' commission
shall be continued and acted upon by the public employment relations
commission. All existing contracts and obligations shall remain in
full force and shall be performed by the public employment relations
commission.
(4) The transfer of the powers, duties, and functions of the marine
employees' commission shall not affect the validity of any act
performed before the effective date of this section.
(5) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial
management shall certify the apportionments to the agencies affected,
the state auditor, and the state treasurer. Each of these shall make
the appropriate transfer and adjustments in funds and appropriation
accounts and equipment records in accordance with the certification.
Sec. 24 RCW 47.64.011 and 2006 c 164 s 1 are each amended to read
as follows:
As used in this chapter, unless the context otherwise requires, the
definitions in this section shall apply.
(1) "Collective bargaining representative" means the persons
designated by the governor and employee organizations to be the
exclusive representatives during collective bargaining negotiations.
(2) "Commission" means the ((marine employees')) public employment
relations commission created in RCW ((47.64.280)) 41.58.010.
(3) "Department of transportation" means the department as defined
in RCW 47.01.021.
(4) "Employer" means the state of Washington.
(5) "Executive director" means the executive director of the
commission.
(6) "Ferry employee" means any employee of the marine
transportation division of the department of transportation who is a
member of a collective bargaining unit represented by a ferry employee
organization and does not include an exempt employee pursuant to RCW
41.06.079.
(((6))) (7) "Ferry employee organization" means any labor
organization recognized to represent a collective bargaining unit of
ferry employees.
(((7))) (8) "Lockout" means the refusal of the employer to furnish
work to ferry employees in an effort to get ferry employee
organizations to make concessions during collective bargaining,
grievance, or other labor relation negotiations. Curtailment of
employment of ferry employees due to lack of work resulting from a
strike or work stoppage shall not be considered a lockout.
(((8))) (9) "Office of financial management" means the office as
created in RCW 43.41.050.
(((9))) (10) "Strike or work stoppage" means a ferry employee's
refusal, in concerted action with others, to report to duty, or his or
her willful absence from his or her position, or his or her stoppage or
slowdown of work, or his or her abstinence in whole or in part from the
full, faithful, and proper performance of the duties of employment, for
the purpose of inducing, influencing, or coercing a change in
conditions, compensation, rights, privileges, or obligations of his,
her, or any other ferry employee's employment. A refusal, in good
faith, to work under conditions which pose an endangerment to the
health and safety of ferry employees or the public, as determined by
the master of the vessel, shall not be considered a strike for the
purposes of this chapter.
Sec. 25 RCW 47.64.090 and 2003 c 373 s 3 and 2003 c 91 s 1 are
each reenacted and amended to read as follows:
(1) Except as provided in RCW 47.60.656 and subsections (2) and (4)
of this section, or as provided in RCW 36.54.130 and subsection (3) of
this section, if any party assumes the operation and maintenance of any
ferry or ferry system by rent, lease, or charter from the department of
transportation, such party shall assume and be bound by all the
provisions herein and any agreement or contract for such operation of
any ferry or ferry system entered into by the department shall provide
that the wages to be paid, hours of employment, working conditions, and
seniority rights of employees will be established by the ((marine
employees')) commission in accordance with the terms and provisions of
this chapter and it shall further provide that all labor disputes shall
be adjudicated in accordance with chapter 47.64 RCW.
(2) If a public transportation benefit area meeting the
requirements of RCW 36.57A.200 has voter approval to operate passenger-only ferry service, it may enter into an agreement with Washington
State Ferries to rent, lease, or purchase passenger-only vessels,
related equipment, or terminal space for purposes of loading and
unloading the passenger-only ferry. Charges for the vessels,
equipment, and space must be fair market value taking into account the
public benefit derived from the ferry service. A benefit area or
subcontractor of that benefit area that qualifies under this subsection
is not subject to the restrictions of subsection (1) of this section,
but is subject to:
(a) The terms of those collective bargaining agreements that it or
its subcontractors negotiate with the exclusive bargaining
representatives of its or its subcontractors' employees under chapter
41.56 RCW or the National Labor Relations Act, as applicable;
(b) Unless otherwise prohibited by federal or state law, a
requirement that the benefit area and any contract with its
subcontractors, give preferential hiring to former employees of the
department of transportation who separated from employment with the
department because of termination of the ferry service by the state of
Washington; and
(c) Unless otherwise prohibited by federal or state law, a
requirement that the benefit area and any contract with its
subcontractors, on any questions concerning representation of employees
for collective bargaining purposes, may be determined by conducting a
cross-check comparing an employee organization's membership records or
bargaining authorization cards against the employment records of the
employer.
(3) If a ferry district is formed under RCW 36.54.110 to operate
passenger-only ferry service, it may enter into an agreement with
Washington State Ferries to rent, lease, or purchase vessels, related
equipment, or terminal space for purposes of loading and unloading the
ferry. Charges for the vessels, equipment, and space must be fair
market value taking into account the public benefit derived from the
ferry service. A ferry district or subcontractor of that district that
qualifies under this subsection is not subject to the restrictions of
subsection (1) of this section, but is subject to:
(a) The terms of those collective bargaining agreements that it or
its subcontractors negotiate with the exclusive bargaining
representatives of its or its subcontractors' employees under chapter
41.56 RCW or the National Labor Relations Act, as applicable;
(b) Unless otherwise prohibited by federal or state law, a
requirement that the ferry district and any contract with its
subcontractors, give preferential hiring to former employees of the
department of transportation who separated from employment with the
department because of termination of the ferry service by the state of
Washington; and
(c) Unless otherwise prohibited by federal or state law, a
requirement that the ferry district and any contract with its
subcontractors, on any questions concerning representation of employees
for collective bargaining purposes, may be determined by conducting a
cross-check comparing an employee organization's membership records or
bargaining authorization cards against the employment records of the
employer.
(4) The department of transportation shall make its terminal, dock,
and pier space available to private operators of passenger-only ferries
if the space can be made available without limiting the operation of
car ferries operated by the department. These private operators are
not bound by the provisions of subsection (1) of this section. Charges
for the equipment and space must be fair market value taking into
account the public benefit derived from the passenger-only ferry
service.
NEW SECTION. Sec. 26 A new section is added to chapter 47.64 RCW
to read as follows:
(1) The commission is empowered and directed to prevent any unfair
labor practice and to issue appropriate remedial orders; however, a
complaint shall not be processed for any unfair labor practice
occurring more than six months before the filing of the complaint with
the commission. This power shall not be affected or impaired by any
means of adjustment, mediation, or conciliation in labor disputes that
have been or may hereafter be established by law.
(2) If the commission determines that any person has engaged in or
is engaging in an unfair labor practice, the commission shall issue and
cause to be served upon the person an order requiring the person to
cease and desist from such unfair labor practice, and to take such
affirmative action as will effectuate the purposes and policy of this
chapter, such as the payment of damages and the reinstatement of
employees.
(3) The commission may petition the superior court for the county
in which the main office of the employer is located or in which the
person who has engaged or is engaging in such unfair labor practice
resides or transacts business, for the enforcement of its order and for
appropriate temporary relief.
NEW SECTION. Sec. 27 A new section is added to chapter 47.64 RCW
to read as follows:
(1) The commission shall determine all questions pertaining to
representation and shall administer all elections and be responsible
for the processing and adjudication of all disputes that arise as a
consequence of elections. The commission shall adopt rules that
provide for at least the following:
(a) Secret balloting;
(b) Consulting with employee organizations;
(c) Access to lists of employees, job classification, work
locations, and home mailing addresses;
(d) Absentee voting;
(e) Procedures for the greatest possible participation in voting;
(f) Campaigning on the employer's property during working hours;
and
(g) Election observers.
(2) If an employee organization has been certified as the exclusive
bargaining representative of the employees of a bargaining unit, the
employee organization may act for and negotiate master collective
bargaining agreements that will include within the coverage of the
agreement all employees in the bargaining unit.
(3) The certified exclusive bargaining representative is
responsible for representing the interests of all the employees in the
bargaining unit. This section shall not be construed to limit an
exclusive representative's right to exercise its discretion to refuse
to process grievances of employees that are unmeritorious.
(4) No question concerning representation may be raised if:
(a) Fewer than twelve months have elapsed since the last
certification or election; or
(b) A valid collective bargaining agreement exists covering the
unit, except for that period of no more than one hundred twenty
calendar days and no less than ninety calendar days before the
expiration of the contract.
NEW SECTION. Sec. 28 The following acts or parts of acts are
each repealed:
(1) RCW 47.64.080 (Employee seniority rights) and 1984 c 7 s 341 &
1961 c 13 s 47.64.080; and
(2) RCW 47.64.150 (Grievance procedures) and 1983 c 15 s 6.
NEW SECTION. Sec. 29 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 30 Sections 1 through 15 of this act are
necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public
institutions, and take effect immediately.
NEW SECTION. Sec. 31 Sections 16 through 25 of this act are
necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public
institutions, and take effect July 1, 2011.
NEW SECTION. Sec. 32 Sections 26 through 28 of this act take
effect July 1, 2013.