BILL REQ. #: H-0615.1
State of Washington | 63rd Legislature | 2013 Regular Session |
Read first time 01/24/13. Referred to Committee on Labor & Workforce Development.
AN ACT Relating to modifying collective bargaining law related to providing additional compensation for academic employees at community and technical colleges; amending RCW 28B.52.035 and 28B.50.140; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that the community and
technical colleges offer high quality, cost-effective instructional
programs to the citizens of the state. The legislature finds that
academic employee morale and willingness to invest in professional
development, as well as recruitment and retention, are improved by
consistent and predictable salary increases that recognize two-year
college academic employees who upgrade their skills and professional
experience.
Currently, community and technical colleges collectively bargain
step increases and the requirements for receiving step increases, but
may only award the step increases when the legislature allocates
funding for that purpose. In the past two biennia, the legislature has
not allocated funding for step increases for academic employees at
community and technical colleges. Community and technical college
academic employees are the only nonexempt education employees who do
not continue to receive step increases during times when cost-of-living
increases are not provided.
The legislature intends to authorize community college boards of
trustees to use the collective bargaining process to provide qualifying
academic employees with step increases in addition to any compensation
provided from state appropriations and employee turnover savings.
Sec. 2 RCW 28B.52.035 and 1991 c 238 s 148 are each amended to
read as follows:
(1) At the conclusion of any negotiation processes as provided for
in RCW 28B.52.030, any matter upon which the parties have reached
agreement shall be reduced to writing and acted upon in a regular or
special meeting of the boards of trustees, and become part of the
official proceedings of said board meeting. Except as provided in
subsection (2) of this section, provisions of written contracts
relating to salary increases shall not exceed the amount or percentage
established by the legislature in the appropriations act and allocated
to the board of trustees by the state board for community and technical
colleges. The length of term of any such agreement shall be for not
more than three fiscal years. Any provisions of these agreements
pertaining to salary increases will not be binding upon future actions
of the legislature. If any provision of a salary increase is changed
by subsequent modification of the appropriations act by the
legislature, both parties shall immediately enter into collective
bargaining for the sole purpose of arriving at a mutually agreed upon
replacement for the modified provision.
(2) A board of trustees shall award full-time and part-time
academic employees step increases based on local agreements negotiated
under this chapter. Step increases awarded by a board of trustees may
exceed any compensation provided to academic employees by the
legislature. Nothing in this section prohibits the legislature from
allocating funding for academic employee step increases, which boards
of trustees may use in combination with turnover savings to award step
increases.
(3) The definitions in this subsection apply throughout this
section unless the context clearly requires otherwise.
(a) "Step increase" means an incremental increase in an academic
employee's salary based on a salary schedule. Step increases may be
based on: (i) Time, such as completing another year of employment;
(ii) specific requirements, such as certification; or (iii) a
combination of time and requirements.
(b) "Turnover savings" is the ongoing permanent difference between
the compensation level of an academic employee who is no longer
employed and the compensation level of the academic employee
replacement. Turnover savings exclude temporary savings such as vacant
positions or academic employees on leave, reassignment, or sabbatical.
Sec. 3 RCW 28B.50.140 and 2012 c 229 s 537 are each amended to
read as follows:
Each board of trustees:
(1) Shall operate all existing community and technical colleges in
its district;
(2) Shall create comprehensive programs of community and technical
college education and training and maintain an open-door policy in
accordance with the provisions of RCW 28B.50.090(3);
(3) Shall employ for a period to be fixed by the board a college
president for each community and technical college and, may appoint a
president for the district, and fix their duties and compensation,
which may include elements other than salary. Compensation under this
subsection shall not affect but may supplement retirement, health care,
and other benefits that are otherwise applicable to the presidents as
state employees. The board shall also employ for a period to be fixed
by the board members of the faculty and such other administrative
officers and other employees as may be necessary or appropriate and fix
their salaries and duties. Except as provided in RCW 28B.52.035,
compensation and salary increases under this subsection shall not
exceed the amount or percentage established for those purposes in the
state appropriations act by the legislature as allocated to the board
of trustees by the state board for community and technical colleges.
The state board for community and technical colleges shall adopt rules
defining the permissible elements of compensation under this subsection
that are consistent with RCW 28B.52.035;
(4) May establish, in accordance with RCW 28B.77.080, new
facilities as community needs and interests demand. However, the
authority of boards of trustees to purchase or lease major off-campus
facilities shall be subject to the approval of the student achievement
council pursuant to RCW 28B.77.080;
(5) May establish or lease, operate, equip and maintain
dormitories, food service facilities, bookstores and other self-supporting facilities connected with the operation of the community and
technical college;
(6) May, with the approval of the college board, borrow money and
issue and sell revenue bonds or other evidences of indebtedness for the
construction, reconstruction, erection, equipping with permanent
fixtures, demolition and major alteration of buildings or other capital
assets, and the acquisition of sites, rights-of-way, easements,
improvements or appurtenances, for dormitories, food service
facilities, and other self-supporting facilities connected with the
operation of the community and technical college in accordance with the
provisions of RCW 28B.10.300 through 28B.10.330 where applicable;
(7) May establish fees and charges for the facilities authorized
hereunder, including reasonable rules and regulations for the
government thereof, not inconsistent with the rules of the college
board; each board of trustees operating a community and technical
college may enter into agreements, subject to rules of the college
board, with owners of facilities to be used for housing regarding the
management, operation, and government of such facilities, and any board
entering into such an agreement may:
(a) Make rules for the government, management and operation of such
housing facilities deemed necessary or advisable; and
(b) Employ necessary employees to govern, manage and operate the
same;
(8) May receive such gifts, grants, conveyances, devises and
bequests of real or personal property from private sources, as may be
made from time to time, in trust or otherwise, whenever the terms and
conditions thereof will aid in carrying out the community and technical
college programs as specified by law and the rules of the state college
board; sell, lease or exchange, invest or expend the same or the
proceeds, rents, profits and income thereof according to the terms and
conditions thereof; and adopt rules to govern the receipt and
expenditure of the proceeds, rents, profits and income thereof;
(9) May establish and maintain night schools whenever in the
discretion of the board of trustees it is deemed advisable, and
authorize classrooms and other facilities to be used for summer or
night schools, or for public meetings and for any other uses consistent
with the use of such classrooms or facilities for community and
technical college purposes;
(10) May make rules for pedestrian and vehicular traffic on
property owned, operated, or maintained by the district;
(11) Shall prescribe, with the assistance of the faculty, the
course of study in the various departments of the community and
technical college or colleges under its control, and publish such
catalogues and bulletins as may become necessary;
(12) May grant to every student, upon graduation or completion of
a course of study, a suitable diploma, degree, or certificate under the
rules of the state board for community and technical colleges that are
appropriate to their mission. The purposes of these diplomas,
certificates, and degrees are to lead individuals directly to
employment in a specific occupation or prepare individuals for a
bachelor's degree or beyond. Technical colleges may only offer
transfer degrees that prepare students for bachelor's degrees in
professional fields, subject to rules adopted by the college board. In
adopting rules, the college board, where possible, shall create
consistency between community and technical colleges and may address
issues related to tuition and fee rates; tuition waivers; enrollment
counting, including the use of credits instead of clock hours; degree
granting authority; or any other rules necessary to offer the associate
degrees that prepare students for transfer to bachelor's degrees in
professional areas. Only colleges under RCW 28B.50.810 may award
baccalaureate degrees. The board, upon recommendation of the faculty,
may also confer honorary associate of arts degrees upon persons other
than graduates of the community college, in recognition of their
learning or devotion to education, literature, art, or science. No
degree may be conferred in consideration of the payment of money or the
donation of any kind of property;
(13) Shall enforce the rules prescribed by the state board for
community and technical colleges for the government of community and
technical colleges, students and teachers, and adopt such rules and
perform all other acts not inconsistent with law or rules of the state
board for community and technical colleges as the board of trustees may
in its discretion deem necessary or appropriate to the administration
of college districts: PROVIDED, That such rules shall include, but not
be limited to, rules relating to housing, scholarships, conduct at the
various community and technical college facilities, and discipline:
PROVIDED, FURTHER, That the board of trustees may suspend or expel from
community and technical colleges students who refuse to obey any of the
duly adopted rules;
(14) May, by written order filed in its office, delegate to the
president or district president any of the powers and duties vested in
or imposed upon it by this chapter. Such delegated powers and duties
may be exercised in the name of the district board;
(15) May perform such other activities consistent with this chapter
and not in conflict with the directives of the college board;
(16) Notwithstanding any other provision of law, may offer
educational services on a contractual basis other than the tuition and
fee basis set forth in chapter 28B.15 RCW for a special fee to private
or governmental entities, consistent with rules adopted by the state
board for community and technical colleges: PROVIDED, That the whole
of such special fee shall go to the college district and be not less
than the full instructional costs of such services including any salary
increases authorized by the legislature for community and technical
college employees during the term of the agreement: PROVIDED FURTHER,
That enrollments generated hereunder shall not be counted toward the
official enrollment level of the college district for state funding
purposes;
(17) Notwithstanding any other provision of law, may offer
educational services on a contractual basis, charging tuition and fees
as set forth in chapter 28B.15 RCW, counting such enrollments for state
funding purposes, and may additionally charge a special supplemental
fee when necessary to cover the full instructional costs of such
services: PROVIDED, That such contracts shall be subject to review by
the state board for community and technical colleges and to such rules
as the state board may adopt for that purpose in order to assure that
the sum of the supplemental fee and the normal state funding shall not
exceed the projected total cost of offering the educational service:
PROVIDED FURTHER, That enrollments generated by courses offered on the
basis of contracts requiring payment of a share of the normal costs of
the course will be discounted to the percentage provided by the
college;
(18) Shall be authorized to pay dues to any association of trustees
that may be formed by the various boards of trustees; such association
may expend any or all of such funds to submit biennially, or more often
if necessary, to the governor and to the legislature, the
recommendations of the association regarding changes which would affect
the efficiency of such association;
(19) May participate in higher education centers and consortia that
involve any four-year public or independent college or university in
accordance with RCW 28B.77.080;
(20) Shall perform any other duties and responsibilities imposed by
law or rule of the state board; and
(21) May confer honorary associate of arts degrees upon persons who
request an honorary degree if they were students at the college in 1942
and did not graduate because they were ordered into an internment camp.
The honorary degree may also be requested by a representative of
deceased persons who meet these requirements. For the purposes of this
subsection, "internment camp" means a relocation center to which
persons were ordered evacuated by Presidential Executive Order 9066,
signed on February 19, 1942.