HB 2017 — Concerning collective bargaining for administrative law judges.

H-4126.1SUBSTITUTEH-1471.1HOUSE HOUSE BILL 2017State of Washington66th Legislature2020Legislature2019 Regular SessionByHouseSessionByRepresentatives Appropriations (originally sponsored by Representatives Frame, Dolan, Fitzgibbon, Stanford, Kilduff, Macri, Ryu, Valdez, Tarleton, and Pollet)READPolletRead FIRSTfirst TIMEtime 02/04/20.AN02/12/19.Referred to Committee on Labor & Workplace Standards.AN ACT Relating to collective bargaining for administrative law judges;

amending RCW 34.12.03041.80.005, 34.12.030, and 34.12.100;

reenacting and amending RCW 41.80.005 and 41.80.010;

and creating a new section;section.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEW SECTION.  Sec.

and declaring an emergency.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEW SECTION.  Sec.

This type of turnover is costly to the office of administrative hearings, negatively impacts morale, interferes with the ability of the office to develop a succession plan, and ultimately harms the citizens of this state.

Therefore, it is the legislature's intent to empower these administrative law judges to collectively bargain for fair wages that will foster job satisfaction and the highest standards of professional competence among administrative law judges.NEW SECTION.  Sec.SECTION.  Sec.

A new section is added to chapter 41.80 RCW to read as follows:(1) In addition to the agencies defined in RCW 41.80.005 and subject to the provisions of this section, this chapter applies to administrative law judges of the office of administrative hearings appointed under RCW 34.12.030(1).(2)34.12.030(1).(2)(a) Administrative law judges of the office of administrative hearings who are not otherwise excluded from bargaining under subsection(b) (3) of this sectionsubsection are granted the right to collectively bargain.(3)bargain.(b) TheAdministrative followinglaw judges in supervisory positions, administrative law judges ofserving theon officea ofcontractual basis under RCW 34.12.030(2), confidential employees as defined in RCW 41.80.005, and any administrative hearingslaw judge who reports directly to the chief administrative law judge are excluded from this section and do not have the right to collectively bargain:(a)bargain.(3) AdministrativeThe lawonly judgesunit inappropriate managerfor positionsthe aspurpose definedof incollective RCWbargaining 41.06.022,under includingthis deputychapter chiefis administrativea lawstatewide judges,unit divisionof chiefall administrative law judges, and assistant chief administrative law judges;(b) Administrative law judges servingof onthe aoffice contractualof basisadministrative underhearings RCWnot 34.12.030(2);(c)otherwise Confidentialexcluded employeesfrom asbargaining.Sec. defined in RCW 41.80.005;

and(d) Any administrative law judge who reports directly to the chief administrative law judge.(4) The only unit appropriate for the purpose of collective bargaining under this chapter is a statewide unit of all administrative law judges of the office of administrative hearings not otherwise excluded from bargaining.Sec.

RCW 41.80.005 and 20192011 c1st 234sp.s. s 1 and 2019 c 145 s 3 are each reenacted and amended to read as follows:Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Agency" means any agency as defined in RCW 41.06.020 and covered by chapter 41.06 RCW.

"Agency"c also43 includess the444 assistantare attorneyseach generalamended ofto theread attorneyas general'sfollows:Unless office and the administrativecontext lawclearly judgesrequires ofotherwise, the officedefinitions ofin administrativethis hearings,section regardlessapply ofthroughout whetherthis thosechapter.(1) employees"Agency" are exempt under chapter 41.06 RCW.(2) "Collective bargaining" means theany performanceagency ofas thedefined mutualin obligationRCW of41.06.020 the representatives of the employer and thecovered exclusiveby bargainingchapter representative41.06 toRCW. meet at reasonable times and to bargain in good faith in an effort to reach agreement with respect to the subjects of bargaining specified under RCW 41.80.020.

"Agency" also includes the administrative law judges of the office of administrative hearings, regardless of their exemption under chapter 41.06 RCW.(2) "Collective bargaining" means the performance of the mutual obligation of the representatives of the employer and the exclusive bargaining representative to meet at reasonable times and to bargain in good faith in an effort to reach agreement with respect to the subjects of bargaining specified under RCW 41.80.020.

"Confidential employee" also includes employees who assist assistant attorneys general who advise and represent managers or confidential employees in personnel or labor relations matters, or who advise or represent the state in tort actions.(5) "Director" means the director of the public employment relations commission.(6) "Employee" means any employee, including employees whose work has ceased in connection with the pursuit of lawful activities protected by this chapter, covered by chapter 41.06 RCW.RCW((, except)).

"Employee" includes assistant attorneys general of the office of the attorney general and administrative law judges of the office of administrative hearings, regardless of their exemption under chapter 41.06 RCW.

However, no employee who is a member of the Washington management service may be included in a collective bargaining unit established under this section.(14) "Unfair labor practice" means any unfair labor practice listed in RCW 41.80.110.(15)41.80.110.Sec. "Uniformed personnel" means duly sworn police officers employed as members of a police force established pursuant to RCW 28B.10.550.Sec.

RCW 41.80.010 and 2019 c 415 s 961 and 2019 c 145 s 4 are each reenacted and amended to read as follows:(1) For the purpose of negotiating collective bargaining agreements under this chapter, the employer shall be represented by the governor or governor's designee, except as provided for institutions of higher education in subsection (4) of this section.(2)(a)(i) Except as otherwise provided, if an exclusive bargaining representative represents more than one bargaining unit, the exclusive bargaining representative shall negotiate with each employer representative as designated in subsection (1) of this section one master collective bargaining agreement on behalf of all the employees in bargaining units that the exclusive bargaining representative represents.(ii) For those exclusive bargaining representatives who represent fewer than a total of five hundred employees each, negotiation shall be by a coalition of all those exclusive bargaining representatives.

The coalition shall bargain for a master collective bargaining agreement covering all of the employees represented by the coalition.

The governor's designee and the exclusive bargaining representative or representatives are authorized to enter into supplemental bargaining of agency-specific issues for inclusion in or as an addendum to the master collective bargaining agreement, subject to the parties' agreement regarding the issues and procedures for supplemental bargaining.

Exclusive bargaining representatives that represent employees covered under chapter 41.06 RCW and exclusive bargaining representatives that represent employees exempt under chapter 41.06 RCW shall constitute separate coalitions and must negotiate separate master collective bargaining agreements.

This ((section))subsection does not prohibit cooperation and coordination of bargaining between two or more exclusive bargaining representatives.(b) This subsection (((2))) does not apply to exclusive bargaining representatives who represent employees of institutions of higher education, except when the institution of higher education has elected to exercise its option under subsection (4) of this section to have its negotiations conducted by the governor or governor's designee under the procedures provided for general government agencies in subsections (1) through (3) of this section.(c) If five hundred or more employees of an independent state elected official listed in RCW 43.01.010 are organized in a bargaining unit or bargaining units under RCW 41.80.070, the official shall be consulted by the governor or the governor's designee before any agreement is reached under (a) of this subsection concerning supplemental bargaining of agency specific issues affecting the employees in such bargaining unit.(d) For assistant attorneys general, the governor or the governor's designee and an exclusive bargaining representative shall negotiate one master collective bargaining agreement.(3) The governor shall submit a request for funds necessary to implement the compensation and fringe benefit provisions in the master collective bargaining agreement or for legislation necessary to implement the agreement.

Requests for funds necessary to implement the provisions of bargaining agreements shall not be submitted to the legislature by the governor unless such requests:(a) Have been submitted to the director of the office of financial management by October 1 prior to the legislative session at which the requests are to be considered;

and(b) Have been certified by the director of the office of financial management as being feasible financially for the state.The legislature shall approve or reject the submission of the request for funds as a whole.

The legislature shall not consider a request for funds to implement a collective bargaining agreement unless the request is transmitted to the legislature as part of the governor's budget document submitted under RCW 43.88.030 and 43.88.060.

If the legislature rejects or fails to act on the submission, either party may reopen all or part of the agreement or the exclusive bargaining representative may seek to implement the procedures provided for in RCW 41.80.090.(4)(a)(i) For the purpose of negotiating agreements for institutions of higher education, the employer shall be the respective governing board of each of the universities, colleges, or community colleges or a designee chosen by the board to negotiate on its behalf.(ii) A governing board of a university or college may elect to have its negotiations conducted by the governor or governor's designee under the procedures provided for general government agencies in subsections (1) through (3) of this section, except that:(A) The governor or the governor's designee and an exclusive bargaining representative shall negotiate one master collective bargaining agreement for all of the bargaining units of employees of a university or college that the representative represents;

or(B) If the parties mutually agree, the governor or the governor's designee and an exclusive bargaining representative shall negotiate one master collective bargaining agreement for all of the bargaining units of employees of more than one university or college that the representative represents.(iii) A governing board of a community college may elect to have its negotiations conducted by the governor or governor's designee under the procedures provided for general government agencies in subsections (1) through (3) of this section.(b) Prior to entering into negotiations under this chapter, the institutions of higher education or their designees shall consult with the director of the office of financial management regarding financial and budgetary issues that are likely to arise in the impending negotiations.(c)(i) In the case of bargaining agreements reached between institutions of higher education other than the University of Washington and exclusive bargaining representatives agreed to under the provisions of this chapter, if appropriations are necessary to implement the compensation and fringe benefit provisions of the bargaining agreements, the governor shall submit a request for such funds to the legislature according to the provisions of subsection (3) of this section, except as provided in (c)(iii) of this subsection.(ii) In the case of bargaining agreements reached between the University of Washington and exclusive bargaining representatives agreed to under the provisions of this chapter, if appropriations are necessary to implement the compensation and fringe benefit provisions of a bargaining agreement, the governor shall submit a request for such funds to the legislature according to the provisions of subsection (3) of this section, except as provided in this subsection (4)(c)(ii) and as provided in (c)(iii) of this subsection.(A) If appropriations of less than ten thousand dollars are necessary to implement the provisions of a bargaining agreement, a request for such funds shall not be submitted to the legislature by the governor unless the request has been submitted to the director of the office of financial management by October 1 prior to the legislative session at which the request is to be considered.(B) If appropriations of ten thousand dollars or more are necessary to implement the provisions of a bargaining agreement, a request for such funds shall not be submitted to the legislature by the governor unless the request:(I) Has been submitted to the director of the office of financial management by October 1 prior to the legislative session at which the request is to be considered;

and(II) Has been certified by the director of the office of financial management as being feasible financially for the state.(C) If the director of the office of financial management does not certify a request under (c)(ii)(B) of this subsection as being feasible financially for the state, the parties shall enter into collective bargaining solely for the purpose of reaching a mutually agreed upon modification of the agreement necessary to address the absence of those requested funds.

The legislature may act upon the compensation and fringe benefit provisions of the modified collective bargaining agreement if those provisions are agreed upon and submitted to the office of financial management and legislative budget committees before final legislative action on the biennial or supplemental operating budget by the sitting legislature.(iii) In the case of a bargaining unit of employees of institutions of higher education in which the exclusive bargaining representative is certified during or after the conclusion of a legislative session, the legislature may act upon the compensation and fringe benefit provisions of the unit's initial collective bargaining agreement if those provisions are agreed upon and submitted to the office of financial management and legislative budget committees before final legislative action on the biennial or supplemental operating budget by the sitting legislature.(5) If, after the compensation and fringe benefit provisions of an agreement are approved by the legislature, a significant revenue shortfall occurs resulting in reduced appropriations, as declared by proclamation of the governor or by resolution of the legislature, both parties shall immediately enter into collective bargaining for a mutually agreed upon modification of the agreement.(6) After the expiration date of a collective bargaining agreement negotiated under this chapter, all of the terms and conditions specified in the collective bargaining agreement remain in effect until the effective date of a subsequently negotiated agreement, not to exceed one year from the expiration date stated in the agreement.

Thereafter, the employer may unilaterally implement according to law.(7)(a) For the 2019-2021 fiscal biennium, the legislature may approve funding for a collective bargaining agreement negotiated by a higher education institution and the Washington federation of state employees and ratified by the exclusive bargaining representative before final legislative action on the omnibus appropriations act by the sitting legislature.(b) Subsection (3)(a) and (b) of this section do not apply to requests for funding made pursuant to this subsection.Sec.

5.

The chief administrative law judge may not contract with any individual who is at that time an employee of the state.(3) The chief administrative law judge may appoint such clerical and other specialized or technical personnel as may be necessary to carry on the work of this chapter.(4) ((The))SubjectSubject to any collective bargaining agreement, the administrative law judges appointed under subsection (1) of this section are subject to discipline and termination, for cause, by the chief administrative law judge.

6.5.

((The))SubjectSubject to any collective bargaining agreement, the salaries of administrative law judges appointed under the terms of this chapter shall be determined by the chief administrative law judge after recommendation of the director of financial management.NEWmanagement.--- SECTION.  Sec.END ---

7.

This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.--- END ---