AN ACT Relating to state ferry labor relations; amending RCW 47.64.170, 47.64.190, 47.64.200, and 47.64.210; and declaring an emergency.

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

Sec. 1. Section 8, chapter 15, Laws of 1983 and RCW 47.64.170 are each amended to read as follows:

(1) Any ferry employee organization certified as the bargaining representative shall be the exclusive representative of all ferry employees in the bargaining unit and shall represent all such employees fairly.

(2) A ferry employee organization or organizations and the secretary of transportation may each designate any individual as its representative to engage in collective bargaining negotiations.

(3) Negotiating sessions, including strategy meetings of ferry system management or employee organizations, mediation, and the deliberative process of arbitrators are exempt from the provisions of chapter 42.30 RCW. Hearings conducted by arbitrators may be open to the public by mutual consent of the parties. Any meeting of the transportation commission, during which a collective bargaining agreement is subject to ratification, shall be open to the public.

(4) Terms of any collective bargaining agreement may be enforced by civil action in Thurston county superior court upon the initiative of either party.

(5) Ferry system employees or any employee organization shall not negotiate or attempt to negotiate directly with a member of the transportation commission if the commission has appointed or authorized a bargaining representative for the purpose of bargaining with the ferry employees or their representative, unless the member of the commission is the designated bargaining representative of the ferry system.

(6) The negotiation of a proposed collective bargaining agreement by representatives of ferry system management and a ferry employee organization shall commence in each ((~~odd-numbered~~)) even-numbered year ((~~immediately following adoption by the legislature and approval by the governor of the biennial budget~~)), not later than July 1st. An agreement shall be reached, or, if arbitration is necessary, an arbitrator's award be made, not later than November 1st of each even-numbered year.

(7) ((Until a new collective bargaining agreement is negotiated, or until an award is made by the arbitrator, the terms and conditions of the previous collective bargaining agreement shall remain in force. The wage and benefit provisions of any collective bargaining agreement, or arbitrator's award in lieu thereof, that is concluded after July 1st of an odd-numbered year shall be retroactive to July 1st.)) It is the intent of this section that the transportation commission shall include in its budget proposal to the legislature required by RCW 47.01.071 moneys sufficient to fund the collective bargaining agreement or arbitrator's award for the ensuing biennium. The agreement or award shall not become effective until the biennial budget is adopted by the legislature. Following budget adoption, the award or agreement shall commence on July 1st of each odd-numbered year and shall terminate on June 30th of the next odd-numbered year to coincide with the ensuing biennial budget year, as defined by RCW 43.88.020(7), to the extent practical.

(8) ((Any ferry union contract terminating before July 1, 1983, shall, with the agreement of the parties, remain in effect until a contract can be concluded under RCW 47.64.006, 47.64.011, and 47.64.120 through 47.64.280. The contract may be retroactive to the expiration date of the prior contract, and the cost to the department of three months retroactive compensation and benefits for this 1983 contract negotiation only shall not be included in calculating the limitation imposed by RCW 47.64.180. If the parties cannot agree to contract extension, any increase agreed to for the three-month period shall be included in calculating the limit imposed by RCW 47.64.180.

(9) Any ferry union contract which would terminate after July 1, 1983, may, by agreement of the parties, be terminated as of July 1, 1983, and a new contract concluded pursuant to RCW 47.64.006, 47.64.011, and 47.64.120 through 47.64.280. Any contract terminating after July 1, 1983, is subject to this chapter only upon its expiration and shall not be renewed for a period beyond July 1, 1985)) If the legislature determines not to appropriate moneys sufficient to fund the awards and agreements, it shall appropriate such funds as it determines are required and the secretary and marine employees commission shall proceed to revise the awards or agreements so as to conform to the appropriate level provided in accordance with RCW 47.64.190.

Sec. 2. Section 10, chapter 15, Laws of 1983 and RCW 47.64.190 are each amended to read as follows:

(1) No negotiated agreement or arbitration order may become effective and in force until ((~~five calendar days after an agreement has been negotiated or an arbitration order entered for each and every ferry employee bargaining unit~~)) July 1st of the odd-numbered year following the completion of negotiation or arbitration.

(2) Upon ((~~the conclusion of negotiations or arbitration procedures with all ferry employee bargaining units~~)) adoption of the biennial budget by the legislature, and approval by the governor, the secretary shall ascertain whether the cumulative fiscal requirements of all such agreements and arbitration orders are within the biennial budget adopted by the legislature and the limitations imposed by RCW 47.64.180.

(3) If the secretary finds that budgetary or fare restrictions will be exceeded, he shall((~~, within five calendar days of completion of negotiations or arbitration with the last bargaining unit to conclude an agreement,~~)) submit all agreements and arbitration awards to the marine employees' commission for a binding determination whether the biennial budget adopted by the legislature or the limitations of RCW 47.64.180 have been exceeded.

(4) The marine employees' commission shall review all negotiated agreements and arbitration orders, and may take written or oral testimony from the parties, regarding compliance with RCW 47.64.180, and whether appropriated funds are sufficient to fund the agreements and awards. Within fifteen calendar days of receiving the secretary's request for review, the commission shall determine by a majority vote of its members whether or not the cumulative effect of all such agreements and orders exceeds the appropriated funds and limitations of RCW 47.64.180.

(5) If the marine employees' commission determines that the appropriated funds or limitations of RCW 47.64.180 would be exceeded if all agreements and arbitration orders were given full force and effect, it shall order the minimum percentage reduction in straight time wage provisions applied equally across the board to all agreements or arbitration orders which will result in compliance with budgetary restrictions and RCW 47.64.180.

(6) Whenever the secretary requests a determination by the marine employees' commission pursuant to this section, the effect of all agreements and arbitration orders shall be stayed, pending the commission's final determination.

Sec. 3. Section 11, chapter 15, Laws of 1983 and RCW 47.64.200 are each amended to read as follows:

As the first step in the performance of their duty to bargain, ferry system management and the employee organization shall endeavor to agree upon impasse procedures. The agreement shall provide for implementation of these impasse procedures not later than July 1st in each ((~~odd-numbered~~)) even-numbered year ((~~following~~)) preceding enactment of the ((~~biennial~~)) budget for the ensuing biennium. If the parties fail to agree upon impasse procedures under this section, the impasse procedures provided in RCW 47.64.210 through 47.64.230 apply. It is unlawful for either party to refuse to participate in the impasse procedures provided in RCW 47.64.210 through 47.64.230.

Sec. 4. Section 12, chapter 15, Laws of 1983 and RCW 47.64.210 are each amended to read as follows:

In the absence of an impasse agreement between the parties or the failure of either party to utilize its procedures by August 1st in each ((~~odd-numbered~~)) even-numbered year, the marine employees' commission shall, upon the request of either party, appoint an impartial and disinterested person to act as mediator pursuant to RCW 47.64.280. It is the function of the mediator to bring the parties together to effectuate a settlement of the dispute, but the mediator shall not compel the parties to agree.

NEW SECTION. Sec. 5. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.