HB 1764 — Concerning collective bargaining for resident and fellow physicians employed by certain institutions of higher education.

H-2251.2H-1664.1 SUBSTITUTE HOUSE BILL 1764 State of Washington 67th Legislature 2022 Regular Session By House Labor & Workplace Standards (originally sponsored by Representatives Sells, Berry, Bateman, Bronoske, Macri, Simmons, Slatter, Pollet, Ormsby, Frame, and Harris-Talley)Harris-Talley READPrefiled FIRST01/04/22. TIME 01/28/22.

Read first time 01/10/22.

Referred to Committee on Labor & Workplace Standards.

amending RCW 41.56.513;

Sec.

1.

RCW 41.56.513 and 2012 c 255 s 1 are each amended to read as follows:

In addition to the entities listed in RCW 41.56.020, this chapter applies to ((postdoctoral)):

(1) Postdoctoral and clinical employees as excluded in chapter 41.76 RCW at the University of Washington and at Washington State University;

and (2) The resident and fellow physicians at medical schools operated by institutions of higher education.

2.1.

(1) It is the intent and purpose of section 32 of this act to recognize that:

(a) There exists a public policy in the state of Washington against strikes by resident and fellow physicians employed by medicalthe schoolsUniversity operated by institutions of higherWashington education as a means of settling labor disputes;

(b) The uninterrupted and dedicated service of the resident and fellow physicians is vital to the health and welfare of the state and citizens of the state;

and (c) The University of Washington school of medicine has an intention to recruit and retain resident and fellow physicians from racially and socioeconomically diverse backgrounds, for the long-term goal of ensuring equitable representation of providers in all communities of the county.

(2) Therefore, to promote uninterrupted performance of the University of Washington's medical services, there should exist an effective and adequate alternative means of settling disputes.

1 SHBHB 1764 (b)NEW TheSECTION. uninterrupted and dedicated service of the resident and fellow physicians is vital to the health and welfare of the state and citizens of the state;

and (c) A medical school operated by an institution of higher education has an intention to recruit and retain resident and fellow physicians from racially and socioeconomically diverse backgrounds, for the long-term goal of ensuring equitable representation of providers in all communities of the county.

(2) Therefore, to promote uninterrupted performance of medical services offered by medical schools operated by institutions of higher education, there should exist an effective and adequate alternative means of settling disputes.

NEW SECTION.

3.2.

(1) This section applies only to the resident and fellow physicians employed by medicalthe schoolsUniversity operated by institutions of higherWashington education who have the right to collective bargaining pursuant to RCW 41.56.513.41.56.021.

(2) The provisions of RCW 41.56.440 through 41.56.452 and 41.56.470, 41.56.480, and 41.56.490 apply to resident and fellow physicians of medicalthe schoolsUniversity operatedof byWashington institutionsschool of highermedicine, education, subject to the provisions of this section.

(3) Within 10 working days after the first Monday in September of every odd-numbered year, the bargainingUniversity representative for the institution of higherWashington's educationbargaining representative and the bargaining representative for the appropriate bargaining unit shall attempt to agree on an interest arbitration panel consisting of three members to be used if the parties are not successful in negotiating a comprehensive collective bargaining agreement.

Costs of each party's appointee p.shall be borne by each party respectively;

2 SHB 1764 shall be borne by each party respectively;

The parties shall execute a written agreement before Novemberp. 1st of each odd-numbered year setting forth the names of the members of the arbitration panel and the dates reserved for bargaining and arbitration.

2 HB 1764 November 1st of each odd-numbered year setting forth the names of the members of the arbitration panel and the dates reserved for bargaining and arbitration.

The arbitration panel may not consider those subjects listed under RCW 41.80.040.41.56.021(4).

(5)(a) The decision of the arbitration panel is not binding on the legislature and funds necessary to implement provisions pertaining to wages, wage-related matters, salaries, stipends, and fringe benefits of an arbitrated collective bargaining agreement must come from the institutionUniversity of higherWashington's education's existing resources.

The institutionUniversity of higherWashington education may not increase general fund state appropriations to fund increases in compensation or fringe benefits based on an arbitration award.

(b) In the event the institutionUniversity of higherWashington education receives state appropriations to support the operation of the medicalUniversity of Washington school of medicine and associated facilities, a request for funds necessary to support the compensation and fringe benefit provisions of a collective bargaining agreement or arbitration award under this section must be p.submitted to the legislature consistent with procedures in RCW 41.80.010.

3(6) SHBIn 1764making submittedits todetermination, the legislaturearbitration consistentpanel withshall proceduresbe mindful of the legislative purpose enumerated in RCWsection 41.80.010.1 of this act.

(6) In making its determination, the arbitration panel shall be mindful of the legislative purpose enumerated in section 2 of this act.

(c) The financial ability of the institutionUniversity of higherWashington education to pay for the compensation and benefit provisions of a collective bargaining agreement;

(d) Comparison of the wages, hours, and conditions of employment of personnel involved in the proceedings with the wages, hours, and conditionsp. of employment of personnel of public hospital residency programs of similar size on the west coast of the United States;

3 HB 1764 conditions of employment of personnel of public hospital residency programs of similar size on the west coast of the United States;

4.3.

(1) This section applies only to the resident and fellow physicians employed by institutionsthe University of higherWashington education who have the right to collective bargaining pursuant to RCW 41.56.513.41.56.021.

(2) For the purpose of providing uninterrupted medical services to patients of the medicalUniversity of Washington school of medicine and associated facilities, negotiations for a collective bargaining agreement between the parties must occur on dates and at times, such as weekends and evenings, that least conflict with the working hours of the bargaining representatives who are resident and fellow physicians.