Parks & rec./interest arb.

AN ACT Relating to granting interest arbitration to certain parks 1
and recreation commission employees; and amending RCW 41.80.200.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 41.80.200 and 2020 c 89 s 1 are each amended to read 4
as follows: 5
(1)(a) In order to maintain dedicated and uninterrupted services 6
to the supervision of criminal offenders that are in state 7
correctional facilities and on community supervision, it is the 8
legislature's intent to grant certain employees of the department of 9
corrections interest arbitration rights as an alternative means of 10
settling disputes. 11
(b) In order to maintain dedicated and uninterrupted services in 12
our state parks, it is the legislature's intent to grant certain 13
employees of the parks and recreation commission interest arbitration 14
rights as an alternative means of settling disputes.15
(2) This section applies only to employees covered by chapter 16
41.06 RCW working for the department of corrections or the parks and 17
recreation commission , except confidential employees as defined in 18
RCW 41.80.005((, members of the Washington management service, )) and 19
internal auditors. 20
H-0354.1
HOUSE BILL 1182
State of Washington 69th Legislature 2025 Regular Session
By Representatives Paul, Ybarra, Berry, Leavitt, Stearns, Shavers,
Doglio, Bronoske, Fosse, Simmons, Rule, Ormsby, Bernbaum, and Hill
Prefiled 01/07/25. Read first time 01/13/25. Referred to Committee
on Labor & Workplace Standards.
p. 1 HB 1182
(3) Negotiations between the employer and the exclusive 1
bargaining representative of a unit of employees shall be commenced 2
at least five months before submission of the budget to the 3
legislature. If no agreement has been reached ((sixty)) 60 days after 4
the commencement of such negotiations then, at any time thereafter, 5
either party may declare that an impasse exists and may submit the 6
dispute to the commission for mediation, with or without the 7
concurrence of the other party. The commission shall appoint a 8
mediator, who shall promptly meet with the representatives of the 9
parties, either jointly or separately, and shall take such other 10
steps as he or she may deem appropriate in order to persuade the 11
parties to resolve their differences and effect an agreement. A 12
mediator, however, does not have a power of compulsion. The mediator 13
may consider only matters that are subject to bargaining under this 14
chapter. 15
(4) If an agreement is not reached following a reasonable period 16
of negotiations and mediation, and the director, upon recommendation 17
of the assigned mediator, finds that the parties remain at impasse, 18
then an arbitrator must be appointed to resolve the dispute. The 19
issues for determination by the arbitrator must be limited to the 20
issues certified by the executive director. 21
(5) Within ((ten)) 10 working days after the first Monday in 22
September of every odd-numbered year, the governor or the governor's 23
designee and the bargaining representatives for any bargaining units 24
covered by this section shall attempt to agree on an interest 25
arbitrator to be used if the parties are not successful in 26
negotiating a comprehensive collective bargaining agreement. The 27
parties will select an arbitrator by mutual agreement or by 28
alternatively striking names from a regional list of seven qualified 29
arbitrators provided by the federal mediation and conciliation 30
service. 31
(a) The fees and expenses of the arbitrator, the court reporter, 32
if any, and the cost of the hearing room, if any, will be shared 33
equally between the parties. Each party is responsible for the costs 34
of its attorneys, representatives and witnesses, and all other costs 35
related to the development and presentation of their case.36
(b) Immediately upon selecting an interest arbitrator, the 37
parties shall cooperate to reserve dates with the arbitrator for a 38
potential hearing between August 1st and September 15th of the 39
following even-numbered year. The parties shall also prepare a 40
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schedule of at least five negotiation dates, absent an agreement to 1
the contrary. 2
(c) The parties shall execute a written agreement before December 3
15th of the odd-numbered year setting forth the name of the 4
arbitrator and the dates reserved for bargaining and arbitration.5
(d)(i) The arbitrator must hold a hearing and provide reasonable 6
notice of the hearing to the parties to the dispute. The hearing must 7
be informal and each party has the opportunity to present evidence 8
and make arguments. The arbitrator may not present the case for a 9
party to the proceedings. 10
(ii) The rules of evidence prevailing in judicial proceedings may 11
be considered, but are not binding, and any oral testimony or 12
documentary evidence or other data deemed relevant by the arbitrator 13
may be received in evidence. A recording of the proceedings must be 14
taken. 15
(iii) The arbitrator may administer oaths, require the attendance 16
of witnesses, and require the production of such books, papers, 17
contracts, agreements, and documents deemed by the arbitrator to be 18
material to a just determination of the issues in dispute. If a 19
person refuses to obey a subpoena issued by the arbitrator, or 20
refuses to be sworn or to make an affirmation to testify, or a 21
witness, party, or attorney for a party is guilty of contempt while 22
in attendance at a hearing, the arbitrator may invoke the 23
jurisdiction of the superior court in the county where the labor 24
dispute exists, and the court may issue an appropriate order. Any 25
failure to obey the order may be punished by the court as a contempt 26
thereof. 27
(6) The arbitrator may consider only matters that are subject to 28
bargaining under RCW 41.80.020(1), and may not consider those 29
subjects listed under RCW 41.80.020 (2) and (3) and 41.80.040.30
(a) In making its determination, the arbitrator shall take into 31
consideration the following factors: 32
(i) The financial ability of the department of corrections or the 33
parks and recreation commission, as appropriate, to pay for the 34
compensation and benefit provisions of a collective bargaining 35
agreement; 36
(ii) The constitutional and statutory authority of the employer;37
(iii) Stipulations of the parties; 38
(iv) Comparison of the wages, hours, and conditions of employment 39
of personnel involved in the proceedings with the wages, hours, and 40
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conditions of employment of like personnel of like state government 1
employers of similar size in the western United States;2
(v) The ability of the ((department of corrections )) employer to 3
retain employees; 4
(vi) The overall compensation presently received by ((department 5
of corrections )) employees, including direct wage compensation, 6
vacations, holidays, and other paid excused time, pensions, insurance 7
benefits, and all other direct or indirect monetary benefits 8
received; 9
(vii) Changes in any of the factors listed in this subsection 10
during the pendency of the proceedings; and 11
(viii) Such other factors which are normally or traditionally 12
taken into consideration in the determination of matters that are 13
subject to bargaining under RCW 41.80.020(1). 14
(b) The decision of an arbitrator under this section is subject 15
to RCW 41.80.010(3). 16
(7) During the pendency of the proceedings before the arbitrator, 17
existing wages, hours, and other conditions of employment shall not 18
be changed by action of either party without the consent of the other 19
but a party may so consent without prejudice to his or her rights or 20
position under chapter 41.56 RCW. 21
(8)(a) If the representative of either or both the employees and 22
the state refuses to submit to the procedures set forth in 23
subsections (3), (4), and (5) of this section, the parties, or the 24
commission on its own motion, may invoke the jurisdiction of the 25
superior court for the county in which the labor dispute exists and 26
the court may issue an appropriate order. A failure to obey the order 27
may be punished by the court as a contempt thereof.28
(b) A decision of the arbitrator is final and binding on the 29
parties, and may be enforced at the instance of either party, the 30
arbitrator, or the commission in the superior court for the county 31
where the dispute arose. However, the decision of the arbitrator is 32
not binding on the legislature and, if the legislature does not 33
approve the funds necessary to implement provisions pertaining to the 34
compensation and fringe benefit provision of an interest arbitration 35
award, the provisions are not binding on the state ((or)), department 36
of corrections, or the parks and recreation commission.37
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(9) Subject to the provisions of this section, the parties shall 1
follow the commission's procedures for interest arbitration.2
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