FINAL BILL REPORT

SHB 226

FULL VETO

BYHouse Committee on Commerce & Labor (originally sponsored by Representatives Lux, Ebersole and McMullen)

Authorizing collective bargaining for judicial employees.

House Committe on Commerce & Labor

Senate Committee on Commerce & Labor

AS PASSED LEGISLATURE

BACKGROUND:

The Public Employees Collective Bargaining Act covers all municipal and county employees, with limited exceptions.  The Washington State Supreme Court has found, however, that certain employees who are employees of the superior courts, but who are paid by the county, are only covered under the collective bargaining act with respect to bargaining over wages.  The court determined that the judicial branch was the employer for purposes of hiring, firing and working conditions.

In a 1986 decision, the Public Employment Relations Commission applied the court's reasoning to district court employees.  Relying on the court's pronouncements that the operation of the courts is a matter of state concern rather than local concern, the commission held that district court employees are "state employees" for personnel matters other than wages. Therefore, these employees are entitled to collectively bargain with the county employer only over wages and wage-related matters.  The commission did not find a requirement for district court judges to collectively bargain over other personnel matters.

County officers and employees of certain counties may be paid twice monthly, no later than the fifth and the twentieth of the month for services rendered from the sixteenth to the last day of the previous month and the first to the fifteenth day, respectively.

SUMMARY:

A statement of legislative intent is provided.  The purpose of the act is to clear up the confusion over collective bargaining for court employees stemming from the Washington State Supreme Court case of Zylstra v. Piva (1975).

Any collective bargaining agreement executed pursuant to the Public Employees Collective Bargaining Act applies to each officer and manager, whether elected, appointed or judicial, who is the executive head of the bargaining unit.  The term "public employer" is amended to include judges as public employers.

Authority is granted for certain counties to change the payday for county employees and officers to not later than the last day of the month for services rendered from the first to the fifteenth day of the month and not later than the fifteenth day of the following month for services rendered from the sixteenth to the last day of the month.

VOTES ON FINAL PASSAGE:

      House 82   9

      Senate    41     8(Senate amended)

      House 83  11(House concurred)

FULL VETO:  (See VETO MESSAGE)