DOC employee bargaining

AN ACT Relating to exempting exclusive bargaining representatives 1
for department of corrections employees from certain provisions 2
related to coalition bargaining; and amending RCW 41.80.010.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 41.80.010 and 2022 c 297 s 951 are each amended to 5
read as follows: 6
(1) For the purpose of negotiating collective bargaining 7
agreements under this chapter, the employer shall be represented by 8
the governor or governor's designee, except as provided for 9
institutions of higher education in subsection (4) of this section.10
(2)(a)(i) Except as otherwise provided, if an exclusive 11
bargaining representative represents more than one bargaining unit, 12
the exclusive bargaining representative shall negotiate with each 13
employer representative as designated in subsection (1) of this 14
section one master collective bargaining agreement on behalf of all 15
the employees in bargaining units that the exclusive bargaining 16
representative represents. 17
(ii) For those exclusive bargaining representatives who represent 18
fewer than a total of ((five hundred )) 500 employees each, 19
negotiation shall be by a coalition of all those exclusive bargaining 20
representatives. The coalition shall bargain for a master collective 21
H-0214.1
HOUSE BILL 1105
State of Washington 69th Legislature 2025 Regular Session
By Representatives Fosse, Low, Stearns, Leavitt, Berry, Ryu, Cortes,
Farivar, Doglio, Paul, Goodman, Wylie, Pollet, Fey, Kloba, Nance,
Lekanoff, and Bernbaum
Prefiled 12/19/24. Read first time 01/13/25. Referred to Committee
on Labor & Workplace Standards.
p. 1 HB 1105
bargaining agreement covering all of the employees represented by the 1
coalition. The governor's designee and the exclusive bargaining 2
representative or representatives are authorized to enter into 3
supplemental bargaining of agency-specific issues for inclusion in or 4
as an addendum to the master collective bargaining agreement, subject 5
to the parties' agreement regarding the issues and procedures for 6
supplemental bargaining. Exclusive bargaining representatives that 7
represent employees covered under chapter 41.06 RCW and exclusive 8
bargaining representatives that represent employees exempt under 9
chapter 41.06 RCW shall constitute separate coalitions and must 10
negotiate separate master collective bargaining agreements. This 11
subsection does not prohibit cooperation and coordination of 12
bargaining between two or more exclusive bargaining representatives.13
(b) This subsection does not apply to exclusive bargaining 14
representatives who represent employees of institutions of higher 15
education, except when the institution of higher education has 16
elected to exercise its option under subsection (4) of this section 17
to have its negotiations conducted by the governor or governor's 18
designee under the procedures provided for general government 19
agencies in subsections (1) through (3) of this section.20
(c) If ((five hundred )) 500 or more employees of an independent 21
state elected official listed in RCW 43.01.010 are organized in a 22
bargaining unit or bargaining units under RCW 41.80.070, the official 23
shall be consulted by the governor or the governor's designee before 24
any agreement is reached under (a) of this subsection concerning 25
supplemental bargaining of agency specific issues affecting the 26
employees in such bargaining unit. 27
(d) For assistant attorneys general, the governor or the 28
governor's designee and an exclusive bargaining representative shall 29
negotiate one master collective bargaining agreement.30
(e) This subsection does not apply to exclusive bargaining 31
representatives who represent employees of the department of 32
corrections that have interest arbitration rights under RCW 33
41.80.200. For department of corrections employees, the governor or 34
the governor's designee and an exclusive bargaining representative 35
shall negotiate one master collective bargaining agreement.36
(3) The governor shall submit a request for funds necessary to 37
implement the compensation and fringe benefit provisions in the 38
master collective bargaining agreement or for legislation necessary 39
to implement the agreement. Requests for funds necessary to implement 40
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the provisions of bargaining agreements shall not be submitted to the 1
legislature by the governor unless such requests: 2
(a) Have been submitted to the director of the office of 3
financial management by October 1 prior to the legislative session at 4
which the requests are to be considered; and 5
(b) Have been certified by the director of the office of 6
financial management as being feasible financially for the state.7
The legislature shall approve or reject the submission of the 8
request for funds as a whole. The legislature shall not consider a 9
request for funds to implement a collective bargaining agreement 10
unless the request is transmitted to the legislature as part of the 11
governor's budget document submitted under RCW 43.88.030 and 12
43.88.060. If the legislature rejects or fails to act on the 13
submission, either party may reopen all or part of the agreement or 14
the exclusive bargaining representative may seek to implement the 15
procedures provided for in RCW 41.80.090. 16
(4)(a)(i) For the purpose of negotiating agreements for 17
institutions of higher education, the employer shall be the 18
respective governing board of each of the universities, colleges, or 19
community colleges or a designee chosen by the board to negotiate on 20
its behalf. 21
(ii) A governing board of a university or college may elect to 22
have its negotiations conducted by the governor or governor's 23
designee under the procedures provided for general government 24
agencies in subsections (1) through (3) of this section, except that:25
(A) The governor or the governor's designee and an exclusive 26
bargaining representative shall negotiate one master collective 27
bargaining agreement for all of the bargaining units of employees of 28
a university or college that the representative represents; or29
(B) If the parties mutually agree, the governor or the governor's 30
designee and an exclusive bargaining representative shall negotiate 31
one master collective bargaining agreement for all of the bargaining 32
units of employees of more than one university or college that the 33
representative represents. 34
(iii) A governing board of a community college may elect to have 35
its negotiations conducted by the governor or governor's designee 36
under the procedures provided for general government agencies in 37
subsections (1) through (3) of this section. 38
(b) Prior to entering into negotiations under this chapter, the 39
institutions of higher education or their designees shall consult 40
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with the director of the office of financial management regarding 1
financial and budgetary issues that are likely to arise in the 2
impending negotiations. 3
(c)(i) In the case of bargaining agreements reached between 4
institutions of higher education other than the University of 5
Washington and exclusive bargaining representatives agreed to under 6
the provisions of this chapter, if appropriations are necessary to 7
implement the compensation and fringe benefit provisions of the 8
bargaining agreements, the governor shall submit a request for such 9
funds to the legislature according to the provisions of subsection 10
(3) of this section, except as provided in (c)(iii) of this 11
subsection. 12
(ii) In the case of bargaining agreements reached between the 13
University of Washington and exclusive bargaining representatives 14
agreed to under the provisions of this chapter, if appropriations are 15
necessary to implement the compensation and fringe benefit provisions 16
of a bargaining agreement, the governor shall submit a request for 17
such funds to the legislature according to the provisions of 18
subsection (3) of this section, except as provided in this subsection 19
(4)(c)(ii) and as provided in (c)(iii) of this subsection.20
(A) If appropriations of less than ((ten thousand dollars )) 21
$10,000 are necessary to implement the provisions of a bargaining 22
agreement, a request for such funds shall not be submitted to the 23
legislature by the governor unless the request has been submitted to 24
the director of the office of financial management by October 1 prior 25
to the legislative session at which the request is to be considered.26
(B) If appropriations of ((ten thousand dollars)) $10,000 or more 27
are necessary to implement the provisions of a bargaining agreement, 28
a request for such funds shall not be submitted to the legislature by 29
the governor unless the request: 30
(I) Has been submitted to the director of the office of financial 31
management by October 1 prior to the legislative session at which the 32
request is to be considered; and 33
(II) Has been certified by the director of the office of 34
financial management as being feasible financially for the state.35
(C) If the director of the office of financial management does 36
not certify a request under (c)(ii)(B) of this subsection as being 37
feasible financially for the state, the parties shall enter into 38
collective bargaining solely for the purpose of reaching a mutually 39
agreed upon modification of the agreement necessary to address the 40
p. 4 HB 1105
absence of those requested funds. The legislature may act upon the 1
compensation and fringe benefit provisions of the modified collective 2
bargaining agreement if those provisions are agreed upon and 3
submitted to the office of financial management and legislative 4
budget committees before final legislative action on the biennial or 5
supplemental operating budget by the sitting legislature.6
(iii) In the case of a bargaining unit of employees of 7
institutions of higher education in which the exclusive bargaining 8
representative is certified during or after the conclusion of a 9
legislative session, the legislature may act upon the compensation 10
and fringe benefit provisions of the unit's initial collective 11
bargaining agreement if those provisions are agreed upon and 12
submitted to the office of financial management and legislative 13
budget committees before final legislative action on the biennial or 14
supplemental operating budget by the sitting legislature.15
(5) If, after the compensation and fringe benefit provisions of 16
an agreement are approved by the legislature, a significant revenue 17
shortfall occurs resulting in reduced appropriations, as declared by 18
proclamation of the governor or by resolution of the legislature, 19
both parties shall immediately enter into collective bargaining for a 20
mutually agreed upon modification of the agreement.21
(6) After the expiration date of a collective bargaining 22
agreement negotiated under this chapter, all of the terms and 23
conditions specified in the collective bargaining agreement remain in 24
effect until the effective date of a subsequently negotiated 25
agreement, not to exceed one year from the expiration date stated in 26
the agreement. Thereafter, the employer may unilaterally implement 27
according to law. 28
(7)(a) For the 2019-2021 fiscal biennium, the legislature may 29
approve funding for a collective bargaining agreement negotiated by a 30
higher education institution and the Washington federation of state 31
employees and ratified by the exclusive bargaining representative 32
before final legislative action on the omnibus appropriations act by 33
the sitting legislature. 34
(b) Subsection (3)(a) and (b) of this section do not apply to 35
requests for funding made pursuant to this subsection.36
(8)(a) For the 2021-2023 fiscal biennium, the legislature may 37
approve funding for a collective bargaining agreement negotiated by 38
the governor or governor's designee and the Washington public 39
employees association community college coalition and the general 40
p. 5 HB 1105
government agencies and ratified by the exclusive bargaining 1
representative before final legislative action on the omnibus 2
appropriations act by the sitting legislature. 3
(b) For the 2021-2023 fiscal biennium, the legislature may 4
approve funding for a collective bargaining agreement negotiated 5
between Highline Community College and the Washington public 6
employees association and ratified by the exclusive bargaining 7
representative before final legislative action on the omnibus 8
appropriations act by the sitting legislature. 9
(c) For the 2021-2023 fiscal biennium, the legislature may 10
approve funding for collective bargaining agreements negotiated 11
between Eastern Washington University and bargaining units of the 12
Washington federation of state employees and the public school 13
employees association, and between Yakima Valley College and the 14
Washington public employees association, and ratified by the 15
exclusive bargaining representatives before final legislative action 16
on the omnibus appropriations act by the sitting legislature.17
(d) Subsection (3)(a) and (b) of this section does not apply to 18
requests for funding made pursuant to this subsection.19
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