HB 2037 — Providing sergeants of the department of fish and wildlife interest arbitration under certain circumstances.

H-2203.1SUBSTITUTEH-1662.1HOUSE HOUSE BILL 2037State of Washington66th Legislature2019 Regular SessionByHouseSessionByRepresentatives AppropriationsSells (originallyand sponsoredPolletRead byfirst Representativestime Sells02/14/19.Referred andto Pollet)READCommittee FIRSTon TIMELabor 03/01/19.AN& Workplace Standards.AN ACT Relating to providing sergeants of the department of fish and wildlife interest arbitration under certain circumstances;

However, the exclusive bargaining representative of uniformed personnel may, should it so choose, but not later than the first Monday in September of every odd-numbered year, choose to enter into separate bargaining with the employer regarding agency-specific issues limited to those specified in RCW 41.80.020 and be subject to the provisions set forth in sections 3 through 11 of this act.

sess., the new memorandum of understanding shall be considered approved by the legislature and may be retroactive to December 1, 2015.(iv) Modifications to collective bargaining agreements as set forth in a memorandum of understanding negotiated between the employer and the teamsters union local 117, an exclusive bargaining representative, for salary adjustments for the state employee job classifications of psychiatrist, psychiatric social worker, and psychologist.(b) For the 2015-2017 fiscal biennium, the legislature may act upon the request for funds for modifications to a 2015-2017 collective bargaining agreement under (a)(i), (ii), (iii), and (iv) of this subsection if funds are requested by the governor before final legislative action on the supplemental omnibus appropriations act by the sitting legislature.(c) The request for funding made under this subsection and any action by the legislature taken pursuant to this subsection is limited to the modifications described in this subsection and may not otherwise affect the original terms of the 2015-2017 collective bargaining agreement.(d) Subsection (3)(a) and (b) of this section do not apply to requests for funding made pursuant to this subsection.NEW SECTION.  Sec.SECTION.  Sec.

and to promote such dedicated and uninterrupted public service there should exist an effective and adequate alternative means of settling disputes.NEW SECTION.  Sec.SECTION.  Sec.

The mediator may consider only matters that are subject to bargaining under this chapter.NEW SECTION.  Sec.SECTION.  Sec.

A copy thereof must be served on the commission, on each of the other members of the arbitration panel, and on each of the parties to the dispute.(5) Except as provided in this subsection, the written determination is final and binding upon both parties.(a) The written determination is subject to review by the superior court upon the application of either party solely upon the question of whether the decision of the panel was arbitrary or capricious.(b) The written determination is not binding on the legislature and, if the legislature does not approve the funds necessary to implement provisions pertaining to compensation and fringe benefits of an arbitrated collective bargaining agreement, is not binding on the state.(6) The arbitration panel may consider only matters that are subject to bargaining under this chapter.NEW SECTION.  Sec.SECTION.  Sec.

Chapter 34.05 RCW does not apply to proceedings before an interest arbitration panel under this chapter.NEW SECTION.  Sec.SECTION.  Sec.

and(5) Such other factors that are normally or traditionally taken into consideration in the determination of matters subject to bargaining under RCW 41.80.020(1).NEW SECTION.  Sec.SECTION.  Sec.

A new section is added to chapter 41.80 RCW to read as follows:During the pendency of the proceedings before the arbitration panel, existing wages, hours, and other conditions of employment shall not be changed by action of either party without the consent of the other but a party may so consent without prejudice to the party's rights or position under sections 4 through 10 of this act.NEW SECTION.  Sec.SECTION.  Sec.

A failure to obey the order may be punished by the court as a contempt thereof.(2) Except as provided in this subsection, a decision of the arbitration panel is final and binding on the parties, and may be enforced at the instance of either party, the arbitration panel, or the commission in the superior court for the county where the dispute arose.(a) The written determination is subject to review by the superior court upon the application of either party solely upon the question of whether the decision of the panel was arbitrary or capricious.(b) The written determination is not binding on the legislature and, if the legislature does not approve the funds necessary to implement provisions pertaining to compensation and fringe benefits of an arbitrated collective bargaining agreement, is not binding on the state.NEW SECTION.  Sec.SECTION.  Sec.

An employer that willfully disobeys a lawful order of enforcement by a superior court under section 9 of this act or willfully offers resistance to such order is in contempt of court as provided in chapter 7.21 RCW.NEW SECTION.  Sec.SECTION.  Sec.