HOUSE BILL REPORT

SB 5042

BYSenators West, Smitherman, Warnke, Smith and Lee

Providing for unilateral implementation of certain public sector collective bargaining agreements.

House Committe on Commerce & Labor

Majority Report:  Do pass.  (8)

      Signed by Representatives Vekich, Chair; Cole, Vice Chair; Patrick, Ranking Republican Member; Jones, Leonard, Prentice, Smith and Wolfe.

House Staff:Chris Cordes (786-7117)

AS PASSED HOUSE MARCH 29, 1989

BACKGROUND:

Under the public employees collective bargaining law, local government employees have the right to organize and designate their collective bargaining representatives.  Public employers and employee bargaining representatives are required to bargain in good faith, but the parties are not required to agree to a proposal or make a concession.

Generally, it is an unfair labor practice for an employer to make unilateral changes in wages or terms and conditions of employment during the existence of a labor contract or when collective bargaining is pending, without negotiating on these issues with the properly designated employee representative.  In 1985, the Public Employment Relations Commission held that an employer may be allowed to unilaterally implement the terms of the employer's last offer at the bargaining table if the employer and the union have reached bargaining impasse.

During the 1988 interim, the Select Committee on Unilateral Implementation in Public Sector Collective Bargaining studied the unilateral implementation issue.  The committee recommended adoption of Senate Bill 5042.

SUMMARY:

Following termination of a local government collective bargaining agreement, all of the terms and conditions of the agreement remain in effect until the effective date of a subsequent agreement, but not to exceed one year from the original termination date.  After the one year period, the employer may unilaterally implement according to law.

These provisions do not apply to: (1) provisions of a collective bargaining agreement that the parties agree to exclude from coverage; (2) provisions in an agreement that have separate and specific termination dates; and (3) collective bargaining for uniformed personnel, port district employees, security forces established under the authority of the Washington Public Power Supply System, and public utility district employees.

The act does not apply to local government collective bargaining agreements in effect or being bargained on the effective date of the act.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Sam Kinville, Washington State Council of County & City Employees; and Kathleen Collins, Association of Washington Cities.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    This bill is a compromise proposal that the employers and employees developed during the interim.  The bill resolves a very difficult collective bargaining issue in a way that is agreeable to both sides.

House Committee - Testimony Against:      None Presented.