H-2202              _______________________________________________

                                          SUBSTITUTE HOUSE BILL NO. 1092

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By House Committee on Commerce and Labor (originally sponsored by Representatives Betrozoff and Patrick)

Read first time 3/8/85 and passed to Committee on Rules.

AN ACT Relating to hours of labor; amending RCW 49.28.010, 49.28.020, and 49.28.040; 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 standard work week of five eight-hour days may not be suitable for all work performed by contract or subcontract for public entities.  The intent of this act is to give employers and employees covered by collective bargaining agreements the option of developing and implementing flexible work arrangements, including work weeks that are scheduled as four ten-hour days, for performing work under such contracts.

        Sec. 2.  Section 1, chapter 101, Laws of 1899 and RCW 49.28.010 are each amended to read as follows:

          ((Hereafter eight)) No more than eight hours in any calendar day, or no more than ten hours in any calendar day if the employee is covered by a collective bargaining agreement that allows such hours of work, shall constitute a day's work on any work done for the state or any county or municipality within the state, subject to conditions ((hereinafter)) provided in this chapter.

        Sec. 3.  Section 2, chapter 101, Laws of 1899 and RCW 49.28.020 are each amended to read as follows:

          All work done by contract or subcontract on any building or improvements or works on roads, bridges, streets, alleys or buildings for the state or any county or municipality within the state, shall be done under the provisions of RCW 49.28.010 through 49.28.030:  PROVIDED, That in cases of extraordinary emergency such as danger to life or property, the hours for work may be extended, but in such case the rate of pay for time employed in excess of ((eight hours of each calendar day,)) the daily hours authorized under RCW 49.28.010 shall be one and one-half times the rate of pay allowed for the same amount of time during ((eight hours' service)) the authorized hours.  And for this purpose RCW 49.28.010 through 49.28.030 is made a part of all contracts, subcontracts or agreements for work done for the state or any county or municipality within the state.

        Sec. 4.  Section 1, chapter 44, Laws of 1903 and RCW 49.28.040 are each amended to read as follows:

          That it is a part of the public policy of the state of Washington that all work "by contract or day labor done" for it, or any political subdivision created by its laws, shall be performed in work days of not more than ((eight hours each)) the daily hours authorized under RCW 49.28.010, except in cases of extraordinary emergency.  No case of extraordinary emergency shall be construed to exist in any case where other labor can be found to take the place of labor which has already been employed for ((eight)) such authorized hours in any calendar day.